HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 7/18/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, July 18, 2023
KENT 7:00 PM
WASH I NGTON
Chambers
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Proclamation for Parks and Recreation Month
iii. Proclamation for National Night Out
iv. Proclamation for Fetal Alcohol Spectrum Disorders Awareness
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
City Council Meeting City Council Regular Meeting July 18, 2023
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the business of the city of Kent or to agenda items Council will consider at this
meeting. Comments that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public Comment period
to support or oppose a ballot measure or candidate for office.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkCDkentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkOkentwa.go v.
When called to speak during the meeting, please state your name and city of residence for the
record. You will have up to three minutes to provide comment. Please address all comments to
the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting. Alternatively, you may email the Mayor and Council at
Mayor0KentWA._gov and CityCounci10)KentWA.gov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
Council Workshop - Workshop Regular Meeting - Jun 20, 2023 5:15 PM
City Council Meeting - City Council Regular Meeting - Jun 20, 2023
7:00 PM
B. Payment of Bills - Approve
C. Consultant Services Agreement, CeCe Kermie LLC - Authorize
D. Cooperative Purchasing Agreement for Staffing Services - Robert Half,
International - Authorize
E. Changes to the Cultural Communities Board - Ordinance - Adopt
F. Safe Streets and Roads For All Action Plan Grant Acceptance -
Authorize
G. Accept Grant Funding through the Washington Department of
Transportation Highways and Local Programs Office - Authorize
H. Condemnation Ordinance - Reith Road Roundabout Project - Adopt
I. 2023 - 2024 Property Insurance Renewal - Approve and Ratify
9. OTHER BUSINESS
City Council Meeting City Council Regular Meeting July 18, 2023
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
Unless otherwise noted, Council will hold workshops to discuss pending local and regional issues at 5:15 p.m.
on each regular council meeting day, except when a regular or special council meeting occurs at or
before 5:30 p.m.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but 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
of the Workshop meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in which case,the
written comments will be handed to the City Clerk and will be admitted into the record of the Workshop
meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.2
PROCLAMATION
WHEREAS, Parks and Recreation are an integral part of communities throughout
this country, including Kent, Washington; and
WHEREAS, Parks and Recreation programs are vitally important to establishing and
maintaining the quality of life in Kent, ensuring the health of all
residents, and contributing to the economic and environmental well-
being of a community and region; and
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WHEREAS, Parks and Recreation programs build healthy, active communities that
aid in the prevention of chronic disease, provide therapeutic recreation 0
services for those who are mentally or physically disabled, and also
improve the mental and emotional health of all Kent residents; and
WHEREAS, Parks and Recreation supports the economic vitality of communities by
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providing frontline jobs for both youth and adults, assisting with
childcare and youth programs for the work force and our residents and
by promoting community revitalization; and 0
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WHEREAS, Parks and Recreation fosters social cohesiveness and builds community 0
morale in Kent by celebrating its diversity, providing spaces to come
together peacefully, modeling compassion, promoting social equity,
connecting social networks, and ensuring all people have access to its
benefits; and
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WHEREAS, Parks and Recreation strengthens community identity by providing L
facilities, programs and services that reflect and celebrate community a
character, heritage, culture, history, aesthetics, and landscape; and `o
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WHEREAS, Parks and Recreation sustains and stewards Kent's natural resources by 0
protecting habitats and open spaces, connecting people to nature, and E
promoting the ecological function of parklands; and
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WHEREAS, July is celebrated across the nation as Parks and Recreation Month. a
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM
JULY 2023 TO BE
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Parks and Recreation Month o
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In Kent Washington and urge all residents to experience the many benefits by visiting
Kent's many trails, parks and recreation resources.
In witness whereof, I have hereunto set my hand this 18th day of July, 2023.
-.0 . Mayor Dana Ralp
KENT
W A S H I N O T O N
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4.A.3
PROCLAMATION
WHEREAS, the National Association of Town Watch is sponsoring a unique
nationwide crime and drug prevention program on August 1, 2023
called "National Night Out"; and
WHEREAS, the city of Kent plays a vital role in assisting our Police c
Department through joint crime and drug prevention efforts
across the City and is supporting "National Night Out" locally; and o
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WHEREAS, it is important that all residents of the city of Kent know the value
of crime prevention programs and the impact that citizen
participation can have on reducing crime and creating a safe and a
vibrant community;
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WHEREAS, National Night Out provides an opportunity for the community to
come together as neighbors for an evening of celebration and Z
fun that will strengthen our bonds and unify us in our goal of
creating a strong community; o
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim August o
1, 2023 as c
National Night Out U
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In Kent Washington and encourage all residents, neighborhoods and o
communities to participate in the city's crime prevention efforts to more tightly
weave the fabric of the community and strengthen community spirit.
In witness whereof, I have hereunto set my hand this 18th day of July, 2023. c
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Mayor Dana Ralph
KEN• T
W A S H I N O T O N
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4.A.4
PROCLAMATION
WHEREAS, Fetal Alcohol Spectrum Disorders (FASD) is a group of conditions
that can occur in a person who was exposed to alcohol before
birth causing lifelong complications such as physical, behavioral o
and learning disabilities; ,and
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WHEREAS, in Washington State, an estimated 70,000 people have FASD with
an additional estimated 870 babies born with FASD born each
year; and 3
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WHEREAS, roughly 1 in 20 school aged children live with FASD; and N
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WHEREAS, FASD is the number one preventable birth defect world-wide with ITS
estimates showing it impacts 3-5% of the population with a
percentages as high as 15% among vulnerable populations; and ;n
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WHEREAS, The City of Kent supports alcohol free pregnancies, prevention
efforts, and resources dedicated to early diagnosis as well as help
to those living with FASD; 3
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, o
DO HEREBY PROCLAIM 0
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that the City of Kent stands with those U_
spreading awareness of Fetal Alcohol Spectrum 0
Disorders
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and encourage all residents to join me in support of those aiding in the 2
prevention efforts of FASD with a special thank you to Alex and Clara O'Keeffe 0
for doing this important work.
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In witness whereof, I have hereunto set my hand this 18th day of July 2023.
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Mayor Dana Ralph
KEN• T
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July 18, 2023
ADMINISTRATION
Communications
Administration Don't forget to check out KentNow! Like,
• The Council Retreat has been set for 9:00 Subscribe & leave a review! o
a.m. on August 4 at the Green River o Apple apple.co/3J2UMkd L)
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College. The Clerk will publish the agenda o Spotify spoti.fi/43tPYf3 0-
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in accordance with notice requirements for The Greater Kent Historical Museum will
special meetings. offer free admission every first Wednesday Q
• City staff is attempting to schedule a of the month. Next free Wednesday will be
meeting with Kent School District staff to August 2.
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discuss the area surrounding Mill Creek Is there anything better than Farmers
Middle School. Market season? Living Well Kent and the
• Media and IT staff assisted the Parks Kent Lions Club have partnered to bring
Department by contacting various online their Farmers Market downtown! This is a o
map providers (Google/Apple/Bing) to community driven market, increasing
request the maps be updated to show access to fresh, healthy, and culturally 2
Russell Road terminating at Van Doren's relevant produce to our community. N
Park. Prior to the improvements to Van o Every Saturday E
Doren's Park, Russell Road extended from o 9 a.m. - 2 p.m. a
Veteran's Drive/228th to South 212th o 2nd Ave between Smith and Gowe
Street and provided a route from the Race and Equity
industrial valley to I-5 and the Port area. • REDI Team to present Language Access o
With the improvement to Van Doren's Park, Plan and toolkits to ELT Monday July 31st.
the road no longer extends to South 212th.
Due to inaccurate online mapping systems, E
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tractor trailers were turning north on Current Planning �
Russell Road from Veteran's Drive/South Current Planning staff members continue
212th, getting stuck in the park, and forward motion on a number of significant
causing damage to the park as they were projects throughout theCity. These include:
Review of the 90 /o engineering plans for
forced to turn around. With the update to the Metro Transit Bus Rapid Transit (BRT)
the maps, the issue should be largely I-line.
resolved. • Meetings with Sound Transit, their
contractors, and consultants on the KDM
Station and the downtown parking garage.
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5.B
• Advising Blue Origin as they plan the Assembled GIS data for analysis in support
expansion of their parking facilities. of the upcoming Comprehensive Plan
• Resolution of outstanding issues on the Update.
Suton multifamily development behind Along with City Leadership, ECD staff attended
Lowe's. the trade show of Washington State Space
• Providing guidance to Facilities and their Summit held in Kent at Blue Origin. Bill
consultants related to the KEHOC project. Nelson—the lead administrator of NASA, and
The planning team has also been working to Senator Maria Cantwell were both on hand to
update the BuildKent website that provides discuss the Federal intention to create a Pacific
citizens with information on projects underway Northwest located manufacturing institute.
and in the planning stages throughout the Long Range Planning
City. Both Bonnie Peterson and Tanya Kosen The community is invited to play "Game of
from the planning tech team have been Homes (and Jobs): Planning Our Future a
instrumental in getting and keeping this site Together", on July 24 and 25. The co
updated. Comprehensive Plan project team is
Economic Development hosting a series of interactive meetings to
Our Data/GIS analyst has been contributing to gather feedback to inform future growth ;
multiple projects in ECD and with collaborators scenarios. This includes three meetings for 0
in other City Departments. These include: the public and a special meeting for all E
• In support of the City's Race & Equity plan, Boards and Commissions members. Learn ,°
staff have been coordinating with Finance, more and RSVP to attend one of the
Administration, and IT to extract and meetings at a
analyze data on city payments to women- Engage.KentWA.gov/FutureKent. This
and minority-owned businesses. event is for YOU if you or your organization
• Analyzed property records to develop an are a Kent: resident, student, employee, a
initial assessment of potential yields for a business, community-based organization,
downtown Business Improvement Area faith community, service provider, or )
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(BIA). developer in Kent's future.
• Created and reconfigured reports from the The updated ADU ordinance is now in o
City's new permit system to facilitate effect. The ECD team created several >
personnel management, monitor resources to assist in implementation, W
development patterns, and meet the Kent including a map identifying areas within 1/4 N
Downtown Partnership performance mile of a major transit station; a pro-active c
requirements. process to remove previously required E
• Prepared a map identifying properties for homeowner occupancy covenants; and a w
which no additional parking will be required handout explaining the new ordinance.
under the new Accessory Dwelling Unit Staff continue to participate in regional
Ordinance 4464. coordination meetings and spread the word c
• Continued efforts with IT and Permit Center on Kent's exceptional leadership and work
Staff to correct property data in the City's as a City on problems impacting the region. •2
permit systems and develop a long-term Kent's mobile home relocation plan
maintenance strategy to preserve record requirements and new ADU ordinance will E
integrity. be featured in upcoming SKHHP U
• Compiled industry statistics to attract convenings.
business and development for the City's Permit Center/Building Services
food business and new space clusters, as For the month of June, 963 construction
well as emerging manufacturing related inspections were conducted along with
technologies. 145 plan reviews.
• Formally assumed responsibility for ECD's • June inspections 963
web mapping applications from the IT • Plan reviews 145
Department.
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5.6
be submitted as part of the application
process.
Budget
• The City has been awarded the
Government Finance Officers Association Recruiting
Distinguished Budget Presentation Award New Hires for July 17: Jeffrey Collins hired as
for the 2023-2024 Adopted Budget book. a Combination Building Inspector (ECD);
• The budget division facilitated baseline Cheney Houseman hired as an Administrative
budget meetings with departments, the Assistant II (PD); Logan Wilkinson hired as a
week of July 10, to discuss the 2024 mid- Maintenance Worker 1 (PW); and Andrea
biennium adjustment. Williams hired as an Administrative Assistant
Accounting and Reporting II (City Clerk's Office)
• The 2022 Annual Comprehensive Financial New Hires for August 1: Maria Fola hired as an
Report, 2022 Financial Audit, and Federal co
Administrative Assistant II (PW Ops)
Single Audit are all underway. The Upcoming Interviews-
Accountability Audit will follow. Maintenance Worker 2- Street/Vegetation U
Payroll Maintenance Worker 1- Storm Drainage o
• WA Cares Fund deductions began with the L)
Fleet Mechanic II
July 5 paycheck. Please review Workday E
Integration/System Engineer o
Job Aids on this topic and send any Municipal Court Officer y
questions to payroll@kentwa.gov Benefits
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Tax and License • Wellness Step Challenge - June 21 -
• The City of Kent currently has 1,582 August 16, 2023. --
businesses who file their Business and • Current stats: 124 People 20 Teams o
0.
Occupation (B&O) tax on a quarterly basis. 18,112,873 Steps.
The second quarter 2023 filing period • DRS Rate Changes implementation -
ended on June 30th. The Tax Division sent effective 7/1/2023.
out courtesy reminder emails to all . Working with CVS, Telestaff and Payroll on .2
quarterly filers over a three-day period, system configuration for ASCME CBA O
beginning July 5, to remind businesses that Changes. >
their quarterly return will be due by July Working with vendors on NYLife and 2
31. Vitality Integration updates. T)
• The Tax Division recently finalized the Working with Employees and Managers on E
Electronic Workpapers Project. This next Protected Leave cases and ADA a
generation of workpapers includes Accommodations.
enhancements to accountability and Workday Absence/Time Tracking Tenant
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functionality, such as electronic review and Analysis review.
approval of assessments, refunds, penalty Gathering information for Benefits
waivers, and payment agreements. renewals.
• On July 3 the Tax Division mailed out Gathering information for PCORI fee
Quarter 2 Gambling Tax returns with filing reporting. E
instructions. There are 21 businesses who Participated in the Benefits Analytics 0
remit Gambling tax to the City of Kent. Meeting with Alliant.
Customer Service • Attended the HR Clifton Strengths
• The application for reduced utility rates Workshop.
was recently updated with the goal of • Working with HRIS Administrator and IT on
making the application process easier for the Hive build.
utility customers to complete. This includes Risk Management
providing more clarification around Property, crime and fidelity, and drone
eligibility documents that are required to liability policies renewed on July 1st; Risk
Management will be presenting the
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5.6
information regarding the insurance and to identify opportunities for
renewals at the Council of the Whole on improvement. Hearing feedback that we
July 18. would benefit from a more complete
• Finalizing details for AlertMedia rollout. employee new hire orientation, training on
• The final messaging for the MOVEit data onboarding steps, and an easier Workday
breach was sent out on June 28. experience.
• Notice isn't required, but we're in the Working with Multimedia, Recruiting.com
process of identifying recently separated and the HR team to update the Career
employees to send them a copy of the Page and evaluate the overall onboarding
notice too. experience for new hires.
Workday
• Received Final recommendations from
Recruiting and Time Tracking/Absence a
TA&P sessions. Information Technology Projects
Continue configuration and testing contract Tiburon Replacement (BlackCreek) - To
• changes for the 2023-2025 AFSCME and replace the Police Department's jail
Teamsters contracts. management system, Tiburon, with a U
• Testing Telestaff Integrations for new scalable solution that will integrate with 0
AFSCME Contract changes. other department systems for centralized E
• Continue updating Integration to move management and secure/encrypted data o
Cigna Life to New York Life. share. The solution will streamline the
• Setting up new tool to tracking Workday current jail management system landscape a
Projects/Changes. resulting in more efficient, accurate
• Continued discussion with departments tracking of inmate records, long term --
regarding opportunities for improvement physical security goals and maintenance a
with Workday. contract savings. This project should be
Workday June Statistics: complete within a $990,000.00 budget by
•
7935 - Total number of business process Q4 2023. L
events initiated during the selected month. Amanda Stabilization - To further stabilize
• 378 - Total number of business process and enhance the functionality and usability o
events that were initiated by a manager of Amanda, ECD's permit management
during the selected month. system. _
• Information Technology operational support Mh
102 - Total number of business processes :c
completed including new hires, for July 2 2023 t July
, , o u rL 11 2023, E
terminations and job changes. Number of tickets opened - 102 a
70 - Total number of employee benefits Number of tickets closed - 243 t
business processes completed in the U
selected month. This includes retirement ii
savings changes, addition of dependents to Covered one community court calendar in
an enrollment, new enrollments, and June, which included 43 cases spread
changes to eligibility. across 32 defendants, 12 of whom failed to
Department Level appear. Just one of the defendants who E
• Alert Media, Emergency Response System: appeared was out of compliance to such a 0
Emergency Response templates built, degree that a sanction was imposed. All
policy written, confirmed established admin others were demonstrating progress.
users for the application, expanding group Received a total of 221 cases from the
to include all Kent facility locations. Expect Police Department during the month of
to launch in the next two months, June to review and assess for the filing of
alongside PD who will extend safety criminal charges. Of those cases, 66 were
training to staff. for in-custody defendants which
• Working with Department Liaisons to necessitated rush filing the next business
evaluate the current onboarding process, day after arrest. For June, in-custody case
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5.B
filings were down roughly 60% from those hearing, spread across 1,145 defendants.
filed in May. Of those, 393 cases were for 230
• Covered one Expired Bench Warrant defendants who were held in-custody. Of
calendar in June, which included 38 cases the remaining 915 defendants who were
spread across 33 defendants. Just two required to appear in court on an out-of-
defendants appeared. custody basis, 202 of them failed to appear
• Conducted two jury trials during the month (about a 22% FTA rate).
of June. Prepared for the July jury term: 78 cases
• The first trial involved the charges of were prepared for jury trial, spread across
Negligent Driving in the First Degree and 71 defendants. Preparing these cases for
Failure to Obey an Officer. The defendant trial required the criminal division to
had parked in a lane of travel and then contact 127 witnesses, conduct interviews,
failed to stop on three separate occasions and review all evidence associated with
when instructed to do so by an officer. On each case. As part of this process,
contact, the officer noted an odor of prosecutors reviewed body cam footage =
intoxicants and the defendant had that totaled more than 161 hours in length
bloodshot, watery eyes. There was also which is just over 20 days of work for a ;
evidence presented that the defendant ran single full-time employee. After careful L)
three red lights with pedestrians either in preparations, four cases were confirmed for E
the crosswalk or general vicinity. The trial the week of July 10th: one case of °
defendant argued there was insufficient Assault in the Fourth Degree - Domestic
evidence to support a finding that the Violence, one case of Evidence Tampering a
defendant was exhibiting the effects of and Aiding or Abetting, another case of
consuming alcohol, that the defendant did Assault in the Fourth Degree Domestic
not understand the officer's instructions to Violence, and a case of Malicious Mischief a
stop, and that the defendant was afraid of in the Third Degree - Domestic Violence.
the police. The jury returned a verdict of The results of these trials will be reported )
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"not guilty" on the charge of Negligent on our next report.
Driving in the First Degree and "guilty" on Continued to assist accesso ShoWare o
the charge of Failure to Obey an Officer. Center with procurements for capital >
• In the second trial, the defendant was improvements to the facility.
charged with Tampering with the Property Advised Clerk's Office on impact of bills N
of Another. After an argument between the from 2023 legislative session and the effect c
victim and defendant, the victim lost her on public records requests. E
footing and while falling dropped her keys. Continued to assist departments with ARPA w
The defendant was alleged to have then expenditures.
taken those keys before leaving the scene, Assisted staff in preparing an ordinance to U
only to later hand the keys to the police revise Kent's land use provisions to c
when the defendant returned to the scene incorporate changes the state legislature
of the dispute. The defendant argued she made through its Blake-fix legislation,
was keeping the keys as evidence based on 2ESSSB 5536.
the belief that while the victim was on the Advised the Police Department on retention c
ground, she keyed the underside of the and archival requirements related to U
defendant's bumper. The police found no management of records that are also
evidentiary value in the keys. The jury was evidence collected while investigating a
unable to reach a verdict and the case has crime.
been set back to pre-trial status. The case Responded to letter from Northwest
will either resolve at pre-trial through Immigrant Rights Project and ACLU of
settlement discussions or proceed to Washington regarding Kent Police and Jail
another trial. policies' compliance with the Keep
• Covered 73 court calendars in June, which Washington Working Act.
included 1,635 cases scheduled for
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5.6
• Finalized review and production of Parks Dept staff coordinated and produced
responsive records for several subpoena four Get in the Game youth sports days at
duces tecums. Kent, East Hill, Neely O'Brien, and Scenic
• Prepared business license denial notice Hill Elementary schools. These events were
letters for business license applicants part of the Get in the Game youth sports
suspected of seeking to engage in unlawful initiative currently under way in
businesses. collaboration with the Kent School District.
• Reviewed clemency petition from The goal of the initiative is to inform and
defendant convicted of five counts of incentivize youth (parents and families) to
Assault in the First Degree in 2007. Staff understand the values and health benefits
will work with the Kent Police Department of sports participation, to get involved or
to draft a response for the Clemency and continue involvement in sports
Pardons Board to consider at the hearing programming while reversing the a
scheduled for September 8, 2023. nationwide downward trend of sports co
• Reviewed request for vehicle impound participation that we see in our
hearing and associated materials. Staff will elementary, middle school and high school
defend the impound at a hearing on July programs. 786 - 4th, 5th, and 6th grade ;
18, 2023. students were introduced to soccer, L)
• Assisted the Parks Department with basketball, football, baseball, and track. E
negotiation and preparation of multiple Participants left with marketing materials, ,°
contracts for services within the scholarship information, some fun swag,
community, and various agreements to and the knowledge that THEY CAN PLAY. a
provide services to Kent seniors. HERO (Health, Exercise and Recreation W
• Assisted outside counsel on a number of Outreach) has been traveling around to V_
cases currently in litigation. different parks, apartments, and programs Q.
• Drafted the condemnation ordinance for within Kent, bringing recreational W
the Reith Road Roundabout Project. opportunities and health information to )
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• Worked with staff to acquire the property youth, teens, and families in Kent. A
rights necessary to complete various variety of traditional and non-traditional o
projects throughout the City. sport/activity opportunities with weekly a)
• Assisted the Clerk's Office on various public themes for the summer are offered.
records requests. Focusing on making daily exercise and N
healthy eating a habit in the lives of Kent •c
PARKS, RECREATION, ' families. Participation has been good and E
COMMUNITY SERVICES continues to grow each week. w
• Summer Playground program is off to a °'
Recreation and Cultural Services great start operating Monday-Friday,
• The Kent Parks Dept Spring Recital was iiam-4:30pm at West Fenwick and c
held Saturday, June 10. Over 150 dancers Chestnut Ridge Parks. Kids participating in
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performed in two sold out shows at the K- this FREE drop-in program enjoy sports,
M High School Performing Arts Center. The water activities, arts and crafts, and a
audience, comprised of 700 parents, variety of fun games while also receiving a c
family, and friends, cheered for, and free lunch from Kent School District. The U
celebrated the success of their favorite Parks Department has partnerships with
performers. Staff and dedicated instructors King County Library Systems (KCLS) who
work months behind the scenes to register will be offering weekly kids Storytime and
and prepare dancers, organize music, free book give aways and with Seattle
costumes, and backstage support, conduct Universal Math Museum (SUMM) who will
ticket sales, and prep the venue. Staff be doing pop-up STEAM (Science,
received praise and high marks for Technology, Engineering, Art, and Math)
organization, communication, and audience activities at the parks.
enjoyment.
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• Drop-in soccer is a hit on Diego's Field at multiple hikes, golf, and a variety of fishing
West Fenwick Park! This program, running trips.
Monday, Wednesday, and Friday, 11am - Senior volunteers logged 4,730 hours of
4:30pm, offers kids of all ages an direct service to the senior center along
opportunity to learn drills and skills along with an additional 3,468 hours of volunteer
with playing in real matches. service within community programs
• The Fourth of July Splash returned to Lake supported by the senior activity center.
Meridian Park on Tuesday, July 4 with an Partnerships are a valuable way to
evening event (5:00 - 10:30 p.m.) strengthen and enhance senior center
featuring fireworks for the first time since programming. The senior center recently
2019. Other activities included stage embarked on a new partnership with Indian
performances and food vendors. The event American Community Services with a goal
was well-received and drew approximately of offering senior programs for cultural a
10,000 people throughout the day, many integration. This program is designed to co
taking advantage of the shuttle service promote participation by individuals of
provided by the Parks Dept. specific cultural groups through welcoming .0
• The 2023 Summer Concert Series kicked cultural programming while expanding the ;
off on Thursday, July 6 with a performance knowledge and understanding of senior U
by LeRoy Bell and His Only Friends at Lake individuals outside of that specific cultural E
Meridian Park. Approximately 500 attended groups. These relationships are often °
the performance. Wednesday Picnic formed around meals, performance and
Performances for kids kicks off Wednesday, hands on activities. This successful a
July 12 at noon at West Fenwick Park. partnership has seniors asking for more!
• The annual Cornucopia Days 5K will take One of the goals within Veterans, Seniors,
place on Saturday, July 15. Nearly 400 and Human Services (VSHS) Levy funding a
people are currently registered for the is to provide services and support to
event, which begins at 9 a.m. at Three isolated or non-mobile seniors. )
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Friends Fishing Hole. Runners and walkers Transportation can be a primary roadblock
can register in advance online or on the to participation and access to services. We o
day of the event beginning at 7:30 a.m. have observed that Access and other bus
Participants 60 and over run for FREE services are not adequate for every senior.
courtesy of sponsor, Long Painting. In response, we've developed a N
• My Senior Center, a welcoming software relationship with Uber and related taxi c
kiosk, greets seniors as they enter the services to provide transportation free of E
senior center. An intuitive touchscreen charge (for qualifying seniors) to their w
allows seniors to let staff know they are in medical appointments, occasional trips to °'
the building and to select the the senior activity center, or other
activities/classes they intend to participate locations. Staff schedule, track and pay for c
in during their visit. This provides the service using VSHS funding. This W
invaluable data in the operation of the provides a sense of freedom and security .2
center and for program development. For to participating seniors.
example, we know that seniors checked in Facilities E
for over 15,650 activities including yoga Solar + storage feasibility study is U
classes, fitness center usage, multiple card completed and with Commerce for review.
groups, education opportunities, foot care, Once approved, we'll be putting the project
lunch, line dancing, hula dancing, and in motion and out to bid. Still looking to
much more. complete in 2023. This is an upgraded
• Over 350 seniors participated in 30 system from the original grant with more
different day trips. Destinations included solar panels and battery storage but the
Leavenworth, Village Theater, Venetian same commitment from the City.
Gondola Tour, Seattle Harbor Cruise,
Page 7 of 17
Packet Pg. 13
5.6
• Commons gym painting, floor repairs and
floor refinishing is complete, and the gym
looks amazing. Staff Changes - Hiring/Retirement/
• Courthouse and Corrections generator Recruitment/Leaves/Promotions
project is getting closer to completion. The • Brandon Li was promoted to Corrections
generator is set, and the contractor is Sergeant June 16.
working with PSE for final connections. • Corrections Commander Dian McCuistion
• Kent Commons renovation floor plan are retired June 30.
nearly set and we're finalizing scope and • Officer Lyndon Baron retired July 5.
cost estimates. Our target is to start the Mike Armstrong was promoted to
project in January 2024. Corrections Commander July 1.
• Court room renovation plans are also being Records Specialist David Lashley started
finalized and construction documents and July 3.
bidding packages are still being compiled. Records Specialist Reid Blechen started
• Siemens HVAC controls project is July 3.
underway. We plan to complete before Significant Crime Activities/Arrests/
October 2023. Investigations ;
• City Hall Campus generator controls On June 13, at 11:50pm, officers assisted L)
upgrade is underway, there are some Puget Sound Regional Fire Authority with a c
supply chain delays with some fire that occurred at the Kent Senior
components. It's for the PLC which stands Center. The suspect walked up to the front
for Programmable Logic Controller. doors, kicked over an igloo cooler of a
• Riverbend Golf Course parking lot seal coat clothing and then lit its contents on fire W
and restripe is scheduled for 7/17/23 & with a lighter. V_
7/18/23. On June 14, at 1:45pm, an officer was a
• Court/Corrections parking lot seal coat and called to assist with a fire that occurred at
restripe is being scheduled. the Dollar Tree located at 23406 Pacific .2
• Fence upgrades of the perimeter of Russell Hwy S. Video surveillance showed two W
Road Shops is complete. suspects putting together a couple wood o
• Power washing exterior garage is on-going. pallets against the business using them to >
• A new sign for Russell Road Shops is in shield the view of them using narcotics. W
production and will be installed soon. One of the suspects was then seen lighting N
• The charging station for new electric fleet a piece of cardboard on fire, pushed the .9
vans is installed in the back parking lot on wood pallets against the building and then
the generator building. lit them on fire. a
w
• We're working with RFA to issue them new Residential burglary at 26258 114th LN SE, 2
cards that are branded with the RFA logo victim called after reviewing Ring camera
so we can differentiate between RFA staff and when she arrived noticed the blinds `o
and City of Kent staff on our access moving. Several officers responded and M
badges. found a juvenile male outside the unit .r_
• Garage stairwells painting is nearly holding what later turned out to be a stolen =E
completion. Next week, we will be shutting Nintendo Switch. The suspect fled over a c
each stairwell down one more time for the fence and into a neighboring apartment U
flooring. complex. Officers quickly apprehended the
• Centennial Center fire alarm upgrades is suspect.
still being worked through and we'll need On June 16, at 4:24am, officers were
to put it back out to bid. dispatched to a carjacking that occurred in
• Installing a burglar alarm at IT annex. the 700 block of Washington Ave N. The
• Starting to work through Access Control victim met the two suspects at a gas
upgrades throughout the City. This is the station in Auburn who agreed to pay her
keycard system and our ID badges. with gas money if she took them to their
apartment in Kent. Upon arrival, the
Page 8 of 17
Packet Pg. 14
5.6
suspects eventually produced firearms and On June 23, at 7:13am, a Kent School
robbed the victim of her vehicle, purse, Resource officer was notified of a burglary
and cell phone. The vehicle was located by that occurred overnight at Kent Meridian
Seattle PD on June 19. High School. Video surveillance showed the
• On June 17 at 1:53am, officers responded suspect entered onto the property, tipped
to what started as a civil standby and over trash cans, defecated, and urinated in
turned into a felony harassment case at the an alcove, broke up a track hurdle and
Arterra Townhomes. The suspect eventually broke into the snack bar and
threatened his child's mother with a gun stole food. The suspect dropped his wallet
and initially refused to come out of the in the snack bar that contained his ID. The
residence, which was also occupied by the suspect also smashed the scoreboard
shared child and many other children. The control box. The suspect created $10,000
male was eventually convinced to come out to $15,000 in damages. a
peacefully and taken into custody without On June 26, at 11:21pm, officers were co
further issue. Suspect was booked into dispatched to a residential burglary in
King County Jail for Felony Harassment DV. progress where the suspect broke into a
• On June 19, at 11:57pm, officers were home armed with a knife. The victim and ;
dispatched to a DV in the 24800 block of her daughter were in their home when the U
96th Ave SE. The suspect barricaded unknown suspect randomly broke in by E
himself inside the apartment with a 1-year- smashing the front door. The suspect used 0
old baby he has in common with the a metal pipe, collected a kitchen knife, and
victim. The suspect was saying officers continued to break items inside their a
were going to have to shoot him, and he residence. The suspect went outside and W
was not going back to jail. Officers made damaged multiple vehicles as well. The r-
PA announcements for approximately 30 officers located the suspect and safely took Q.
minutes until the Federal Way Hostage him into custody.
Negotiation Team arrived on scene. HNT On June 27, at 6:OOam, officers responded N
L
spoke with the suspect and was eventually to Valley Medical Center to contact the
able to get him to surrender the child to his victim of a shooting which allegedly o
mother and allow himself to be taken into occurred around the 21400 block of 46th
custody. Ave S. The victim had been in his driveway
• On June 22, at 3:55am, officers were at 3:30am when he felt what he described N
dispatched to a shooting within the Phoenix as being hit with a baseball bat. He did not c
Court Apartments. The victim was seen hear or see anything when this occurred. E
crouching down near a tree line by one of He went inside and later discovered that he w
the buildings when another subject walked had been shot near his clavicle area.
out of an apartment. The victim and the Officers searched for a crime scene but U
subject got into an altercation which led to were unable to locate one. c
the shooting. The victim sustained a On June 27, at 4:OOpm, Kent Valley
gunshot wound to the abdomen. The victim Independent Investigative Team Detectives •2
was transported to the hospital. were sent to the SCORE Jail for an in-
• On June 22, at 10:19am, an officer was custody death investigation. Multiple c
dispatched to a commercial burglary from inmates tested positive for having fentanyl u
Cut Pros Barber Shop located at 25453 in their systems. One inmate passed away.
104th Ave SE. The owner reported the On June 27, at 6:39pm, officers were
suspect(s) forced entry through the back dispatched to a shooting within the Vibe
door and took the ATM machine from Apartments. The victim was at the
within the business. Video surveillance was apartment complex visiting a coworker
obtained of the incident which showed two when he was randomly confronted by 5 or
suspects (male and female) committing the 6 males. A verbal confrontation ensued.
crime. When the victim drove out of the complex,
he saw one of the suspects begin to fire
Page 9 of 17
Packet Pg. 15
5.B
multiple rounds at him and his vehicle. No laying on the ground. No one was injured
injuries were reported. when this occurred.
• On June 27, at 11:48pm, officers were On July 4, at 12:14am, officers were
dispatched to Valley Medical Center dispatched to a shooting that occurred in
regarding a subject who had been shot the intersection of SE 240th St and 104th
while at Kent Bowl. The victim and others Ave SE. The victim had been shot in the
were celebrating a birthday party. When arm. The victim was driving her vehicle
they were leaving for the night, the victim turning northbound on 104th Ave SE when
and others were getting into a vehicle she heard what she first believed to be
when they heard gun fire. The victim was fireworks. After making the turn, her
struck once and no one saw who, where, or vehicle was struck by random gunfire.
under what circumstance the shooting Officers located 20 casings in the Taco Bell
occurred. parking lot. a
• On June 29, at 6:22am, officers were On July 4, at 5:15am, officers contacted a 0
dispatched to a shooting at the BLVD shooting victim which occurred in the
Apartments. Officers located two victims 25200 block of Pacific Hwy S. The incident
with gunshot wounds lying near and inside happened around 9:30pm on July 3. The ;
an apartment. Three people had been victim stated he was driving along Pacific L)
inside an apartment when a fourth subject Hwy S when he thought he heard E
confronted them. The subject fired rounds fireworks. However, he stated his vehicle ,°
at the victims and pistol whipped one of began to get hit by gunfire and at least one
them. One victim was able to escape. The bullet was still embedded in his vehicle. a
suspect fled the scene in a vehicle which On July 4, at 7:57pm, officers were
was captured on surveillance equipment. dispatched to a shooting that occurred at
On July 3 the suspect in this case was the intersection of Washington Ave N and a
taken into custody. W James St. The shooting occurred
• On June 29, at 3:38pm, officers were between two vehicles, both of whom had )
L
dispatched to a shooting at the Phoenix left the scene. Officers were able to locate
Court Apartments. The victim had multiple one of the involved vehicles and detained o
gunshot wounds to the chest. Video the occupants. During the investigation >
surveillance was obtained which depicted they found that the vehicle they stopped W
the specific suspect vehicle used during the was involved in a traffic accident with the N
shooting. A few hours later officers located other vehicle that fled. After the accident,
the vehicle and a lengthy pursuit ensued. the juvenile subjects who the officers E
Officers were able to capture the two detained allegedly got out of their vehicle w
subjects in the vehicle and book them into and fired at the other vehicle. Casings were
jail. located on the street. The juveniles' U
• On June 29, at 10:41pm, officers were attorney advised them not to talk to c
dispatched to a shooting that occurred in officers, so they were released, and their
the 6800 block of S 228th St. The victim vehicle was taken as evidence.
was near a bridge and stepped into a small On July 4, at 10:33pm, officers were
culvert when he heard a gunshot and was dispatched to a shooting at Cascade Mobile c
struck in the leg. He did not know who shot Park. They contacted multiple victims of U
him or where the shot came from. The the shooting. The surviving victims were
victim was immediately transported to the leaving the fireworks display at Lake
hospital to treat his injuries. Meridian and were inside their vehicle.
• On July 1, at 1:50am, officers were They heard what appeared to be an
dispatched to an illegal discharge/shooting argument in the parking lot as they began
that occurred at the Burger Meister located to drive home. They heard gunfire and saw
at 23221 Pacific Hwy S. A bullet entered at least four people running, one directly at
the building from the north, and it was now them. As the victim driver put the vehicle
in reverse to get away from what was
Page 10 of 17
Packet Pg. 16
5.6
occurring, he realized his girlfriend sitting Officers located one of the involved
behind him had been shot. vehicles which was parked in the 24400
• On July 5, at 1:17pm, officers were block of Pacific Hwy S. The other involved
dispatched to a burglary report at Lowes on vehicle allegedly shot at a different vehicle
the west hill. Loss Prevention reported that in Des Moines prior. Then, as the vehicle
overnight their fenced yard had been passed the victims in Kent, someone from
burglarized and approximately $20,000 in the same suspect vehicle fired at them as
riding lawnmowers had been stolen. Video well. No injuries were reported.
footage revealed three suspects took the On July 8, at 3:40am hours, Renton PD
mowers out of the fenced yard and they reported a shooting victim showed up at
appeared to head towards the homeless Valley Medical Center who had been hit in
encampment behind Lowes. A man who the chest. The victim had been dropped off
lived in the homeless encampment and saw by someone in a vehicle and indicated the a
the suspects return to the camp with the shooting occurred in Kent near S 180th St co
stolen mowers. He was able to point out and East Valley Hwy. Officers responded to =
where they were stashed in underbrush the area and located a vehicle that was
and well hidden from sight. Officers went involved in a prior armed robbery in ;
into the encampment and were able to find Renton and subsequently pursued by Kent. L)
all the stolen items and return them to On July 8, at 11:36pm, officers were E
Lowes. dispatched to a shooting that was first °
• On July 5, at 2:12pm, officers responded to reported to have occurred at the Safeway
a reported fraud in which an elderly woman in the 13100 block of SE Kent Kangley Rd. a
had been scammed out of nearly $1.5 The victim sustained a gunshot wound to
million dollars of her retirement and nest his arm. He had been inside the Birchcreek
egg. The suspects were able to clone the apartments with his girlfriend, and they a
Kent PD main line number and used it to had just got out of the vehicle when he was
call her, threatening arrest for a variety of shot. The victim and his girlfriend got back N
L
crimes. The suspects used several different into the vehicle and fled to Safeway to call
individuals, some pretending to be FBI 911. o
agents. On July 9, at 2:25pm, officers were a)
• On July 5, at 11:12am, officers were dispatched to a robbery at the Chevron
dispatched to a shooting in the 1700 block located at 27121 Military Rd S. A male N
of W Meeker St. The victim was riding his suspect came into the store and eventually .E
bike down the street when he was pointed a firearm at the employee. The E
randomly hit by gunfire. The victim was suspect forced him to open the cash w
transported to the hospital due to his registers and ended up taking $300 in cash
injury. Officers were later advised that along with numerous vape pens. U
medical personnel removed a BB from the On July 10, at 6:38pm, officers responded c
victim's neck. to Thea Bowman apartments for a report of
• On July 6, at 3:37am, officers were four subjects associated with a motorcycle •2
dispatched to a shooting that occurred at and a shotgun were seen shooting a
the intersection of W Smith St and firearm at the trees. As officers arrived E
Thompson Ave. The victim indicated he there were two subjects, one male and one u
was shot by someone in a vehicle and female standing near the motorcycle. The
provided a description. One spent casing female was compliant and backed away,
was located in the parking lot of the Blinker but the male jumped on the motorcycle
Tavern, and the victim was transported to and revved the engine. Officers gave
the hospital. multiple commands to stop and get off the
• On July 7, at 1:53am, officers were motorcycle, but he refused and drove
dispatched to a shooting in the 24800 block straight at an officer who was on the
of Pacific Hwy S. Two vehicles were driving sidewalk. The officer single handedly
down the street shooting at each other. extracted the male as he tried to speed
Page 11 of 17
Packet Pg. 17
5.6
away causing the motorcycle to fall to the Cityworks and the creation of web map
ground. The officer's left leg was struck by applications and dashboards related to
the motorcycle, but he was able to hold the utilities.
subject on the ground while other officers Environmental
rushed to assist. The male was taken into Clark Springs Habitat Conservation Plan -
custody and Puget Sound Regional Fire Habitat Conservation Measure (HCM) 8:
Authority arrived to evaluate him. The The Clark Springs Habitat Conservation
subject swallowed Fentanyl and had to be Plan is an agreement with the federal
rushed to the hospital. A male also government that provides 50 years of
contacted at the scene and was arrested protection (beginning in 2011) from
for an outstanding DOC warrant. A loaded lawsuits under the Endangered Species Act
firearm was recovered from the person. as long as the City meets the conditions of
The officer was examined and then the Plan, including a series of Habitat a
transported to Covington ER. He sustained Conservation Measures. A letter formally
a small fracture to his left leg. requesting approval of expenditures
Major Emphasis Patrol towards the completion of HCM 8 was
• On June 16 an arrest was made for submitted to the National Marine Fisheries
unlawful street race attendance Service and U.S. Fish and Wildlife Service U
• Racer emphasis June 30 - July 2: 5 on July 6. This letter describes Kent's E
arrests/citations, 4 infractions, and 1 success in implementing HCM 8 as set forth 0
impound. in the Clark Springs Water Supply System
Events and Awards Habitat Conservation Plan and requests a
• Letters of Commendation approval for the completion of this effort.
o Corrections Sergeant Chris Ward and Following the acquisition of 5 properties V_
Corrections Officers Jill Kinsella and Alex east of Clark Springs that will be a
Ault-Booneel were commended for their maintained in perpetuity for the benefit of
quick actions to save the life of an Rock Creek, Kent has met all obligations )
L
inmate. under HCM 8. This would be the completion
o Corrections Sergeant Mike Armstrong of the final capital project required under o
and Corrections Officers Kevin Langlois the Habitat Conservation Plan.
& Ryan Armstrong were commended for Vegetation Monitoring: Thirteen (13) sites
their quick actions to save the life of an to monitor this year: 72nd Ave, Alvin's N
inmate. Pond, Downey Ph 3, Downey Ph 5, Dvorak c
Barn mitigation, Frager Rd/S216th, UMCD- E
'a
WORKSPUBLIC
Green River Riparian, GRNRA Pump Station w
Survey Advanced Mitigation, HCM 3, HCM 5, Hytek 2
• Survey staff provided construction staking N and Hytek S, KOA, Leber.
for 224th Phase 3 West and the Railroad Green River Natural Resource Area c
Quiet Zone projects. Field staff also (GRNRA): Washington Department of M
provided topographic data of Mill Creek for Natural Resources (WDNR) Natural •�
the culvert cleaning and rehabilitation Heritage Program (WNHP) staff completed
the field work on July 10 for their Floristic E
projects. Professional staff are determining G
Right of Way boundaries and filing Record Quality Assessment study involving U
of Surveys for multiple on-going capital wetlands in different landscape settings
projects. and with varying degrees of disturbance.
• GIS staff continue with updating as-built Rainier Audubon approved to set up a tent
utility data from private development and at GRNRA on July 1 for outreach.
Boeing Levee Setback Habitat
capital projects as well as performing Rehabilitation: City of Kent's application for
QA/QC scripting for GIS layers. Staff are Boeing Rock Recreation/Habitat
fulfilling multiple Public Records Requests Enhancement has been recommended by
weekly, providing on-going GIS support of the King County Advisory Committee for
Page 12 of 17
Packet Pg. 18
5.6
approval to receive $200,000 (pending Critical Area Review is underway. RCO
King County Council approval) under the process on hold until resolution of funds for
Parks Levy - Open Space - River Corridors added work is resolved.
Grant Program. Reith Road - Vicinity S 253rd ST to SR 516:
• Lake Fenwick Alum Treatment: Alum will Critical path activities include construction
be applied to Lake Fenwick to assist in staging/sequencing, reviews, permitting
controlling algae, and, in combination with and approvals. SEPA public notice period
the new aerator, should minimize closed Jun 16; determination of non-
phosphorous and algae over a number of Significance issued. Continuing
years. Schedule for alum application: negotiations with property owners affected
Approval to advertise: July 17, by project footprint.
Spec/Checklist Deadline: July 18, Ad dates: SR 167 Median Drainage: Resubmitted
July 25 and August 1, Bid Opening: August Design Analysis and documentation to a
8, City Council: August 15 WSDOT for review. Updating Traffic Control
• Community Programs/Events: Plans and preparing contract documents.
o Adopt-A-Street/Spot: Final 2nd quarter • Green River Bridge Painting and Deck -
U
numbers: Volunteers: 330; Bags Repair: Discussion of construction phasing ;
removed: 307; Volunteer hours: 553 and sequencing underway. Preparing L)
0 2023 Recycle Collection Events: package for 50% review. E
Promoting upcoming mini event. Friday, • S 212th St Preservation - Green River ,°
July 14th Glenn Nelson Park (West Hill) Bridge to 72nd: Preparing plan set and
from 9 am to noon working with Survey to prepare property a
Design boundaries. Identifying utilities along
• HSIP - 108th Ave SE & SE 264th St - corridor to notify them of upcoming
Compact Roundabout: Project advertised. project. Evaluating pavement condition a
Bids opened Jul 6. Six bidders. Apparent leading towards the bridge.
low bidder is Strickland and Sons 2024 Overlays: Review of existing curb )
L
Excavation with a bid of $1,181,184.34. ramps and determination need for new
Engineer's Estimate is $1,152,799.38. ones underway. Initiated discussion of o
Council Aug 18. Coordinating with WSDOT. complete streets. >
• HSIP - Road Diet Locations: Documents to Construction
obligate and request authorization to West Hill Reservoir: New irrigation control N
advertise to be sent to WSDOT. STIP manifold was installed 7/6. Bainbridge c
amendment submitted Jun 16, due to Electric ran power to the new manifold and E
additional funds received. Once on the switched over from the temp controller. T w
STIP, final documents to obligate and Bailey is waiting on a pave date from
authorize advertisement can be sent to Looker Asphalt to finish Military and
WSDOT. Request to acceptance additional complete striping. Still waiting on an c
funds to be made at upcoming Committee estimate from T. Bailey for addition chain-
as a Whole meeting. Traffic control plans link and removable bollards.
being prepared in-house - necessary for
WSDOT approvals. E
• S 228th St Mitigation Project: Project U
boundaries staked; trees flagged. Kick off }
meeting scheduled for July 12 and work r x
began July 13. w
• East Valley Highway - S 212th St to S
196th St: WSDOT provided comments on
obligation and contract documents; are ="
being revised for next submittal. 76th Avenue South - North Segment:
• Linda Heights: Wetland delineation Extruded curb and final striping in parking
refreshed, no changes to boundaries. lots being scheduled. Handrail fabrication
Page 13 of 17
Packet Pg. 19
5.6
was completed. Delivery and installation began Monday July 24, 2023. PCMS
being scheduled. boards were set out on Tuesday (7/18) to
• S 240th Street and Russell Road TIB warn travelers of the upcoming shutdown.
Sidewalk Improvements: Striping is Water department injected the watermains
complete. Substantial completion has been and set purities on SE 226th, SE 228th and
issued. SE 232nd. Shutdowns for main tie-ins
started Friday the 14th followed by service
renewal and paving.
• Washington Ave S Stormwater Pump
>, Station: Kent City Council has authorized
wool
the award of this project to Rodarte
Construction, Inc. of Auburn, WA. The
contract is executed and the
Preconstruction Meeting was held on
• 2023 Railroad Quiet Zone BNSF Railroad Tuesday, July 25.
Crossing Improvements: James St is last Ovation at Meeker (625 @ Meeker St) - A -
U
crossing remaining. Curb and gutter, road closure for installation of raised ;
sidewalks and paving/striping was done crosswalk at 5th & Meeker is being L)
week of 7/14. Railroad intertie change scheduled for July 17 through July 25. E
order work being negotiated. Anticipated to Streets °
take place in July. Street Maintenance crew ground and paved
the roadway on W James St, 96th Ave S, a
Military Rd S and on 110th PI SE l it�r , installed .�
Tuff curbing on SE 260th St, cleaned a V_= mid-block crosswalk on S 260th St, a
repaired a round-a-bout on Jason Ave N,
removed truncated domes on 1st Ave S, )
hauled asphalt spoils to Renton Recyclers
and cleaned and prepared paving o
• Rectangular Rapid Flashing Beacon equipment.
Crossing Improvements: All four locations Signs and Markings crew painted traffic M
are complete and waiting on RRFB pole and islands on the East Hill and on Central Ave N
Iuminaire delivery. Pole deliver is currently N, painted a curb on S Reith Rd, unloaded c
scheduled for October 6. and cleaned the painting equipment, E
installed recruitment signs at various w
locations Citywide, installed signs on W
Valley Hwy, Kennebeck Ave S and on SE
Kent Kangley Rd, repaired a speed limit c
sign on Reith Rd, dug bases and installed
anti-racing signs on SE Kent Kangley Rd •2
• 2023 Asphalt Overlays: Paving of and on E Valley Hwy, set bases for sign E
Kensington Ave and S 277th St are repairs on 132nd Ave SE, 98th PI S and on c
com lete. E Smith St, set out no parking barricades U
and painted no parking areas and stalls on
i 100th Ave SE, set out and picked up notice
signs and traffic control for the July 4th
Splash event at Lake Meridian Park and set
out notice signs, banners, no parking
barricades and traffic control for
Cornucopia Days and the Street Fair in the
• 2023 Watermain Replacement: James - Downtown area.
Street Shutdown for storm improvements
Page 14 of 17
Packet Pg. 20
5.6
• Solid Waste cleaned up debris along 25th have also been working with contractors
Ave S, SE 256th St, S 260th St and along performing chlorine injections and purity
S 277th St and removed graffiti on samples on new water main installations.
Veterans Dr at the Riverview Blvd S Fire hydrant exercising and maintenance
overpass and other various locations have also continued in the Valley portion of
Citywide. the water system.
• Water Vegetation crews line trimmed, Sewer staff have been video inspecting
mowed and picked up litter at the Seven storm lines at Garrison Creek Park and
Oaks Well, the West Hill and Scenic Hill cleaning and video inspecting sewer and
sites, Armstrong Springs, the 212th storm lines for the 2024 overlay projects in
Treatment Plant, the 208th Well, Kent Point the areas of 81st Ave S and S 196th St and
of Delivery 3 (impoundment site), Kent on W Meeker St from Russell Rd to 64th
East Hill, Operations Center (KEHOC), Kent Ave S. Sewer line cleaning has also a
Springs, Pumpstation #5, Upper Kent occurred in the area of SE 254th PI and co
Springs, the East Hill Well, the Blue Boy 115th Ave SE, S 248th St and 99th PI S =
Tank, 640 Zone Tank, Summit Reservoir, and in the area of S 192nd St to S 180th St
Guiberson, Woodland Way PRV, Garrison from 89th PI S to 72nd Ave S. Staff also ;
Creek, Pumpstation #2 and at the O'Brien installed an automatic water flushing L)
Well. station in the Seven Oaks development on E
• Street Vegetation staff mowed, line Kent's East Hill in an area of low flows to ,°
trimmed and cleared debris along 68th Ave help maintain movement in a line that
S, 64th Ave S, SE 208th St and along the requires frequent maintenance, have been a
traffic islands on Pacific Hwy S and on S assisting with pumpstation wet well
228th St, turned on and repaired irrigation cleaning and have performed routine
systems in the planted beds along W cleanings and inspections. a
Meeker St and at other various locations Source, Supply and Pumpstations W
Citywide, cleaned tree wells in the Source and Supply staff brought the West )
L
downtown core area from 4th Ave S to 1st Hill water tank online, ordered generator 4)
Ave S and from Titus St to Smith St and fuel for the West Hill reservoir, maintained o
watered trees in the downtown area. the vegetation around wellheads and took a)
• The Sidearm crews mowed along SE 196th wellhead samples at various locations W
St, 124th Ave SE, 248th Ave SE, SE 120th Citywide, tested for Per and Polyflouralkyl N
St, SE 144th St, Willis St, Alder Ln, W substance (P fas) at Kent Springs and the c
Valley Hwy, S 192nd St, 84th Ave S, East Hill Well, exercised the offline E
Frager Rd, 104th Ave SE, 108th Ave SE, pumpstations, ran the offline wells, cleaned w
116th Ave SE and along Military Rd S. the fluoride saturators and replaced a 4" 2
• Wetland Mitigation crews line trimmed, drain line for the fluoride tank at Clark
removed weeds and ran the irrigation Springs, planned and scheduled an c
system at the Downey site, built and ran isolation valve replacement for Water W
the irrigation system at the Hytek site, line pumpstation #3 on Reith Rd, prepared the •2
trimmed and removed weeds at the 212th Treatment Plant for startup, checked '
E
Cottonwood Forest site and line trimmed the property line fences for any c
along 72nd Ave S. maintenance needed at various locations U
Water/Sewer Citywide, switched from gravity flow to
• Water staff have completed the water main pumping at Kent Springs, received a
installation project at SE 276th St and have Caustic delivery at Pumpstation #5,
begun to work on a 12-inch water main pressure washed and cleaned various
installation on State Ave N between E pumpstations throughout the City,
Smith St and E Pioneer St. The project performed preventative generator
includes 502-feet of 12-inch restrained maintenance at various locations Citywide,
joint ductile iron pipe, four new water collected and tested fluoride lab samples
services and two new fire hydrants. Staff for active sources and performed
Page 15 of 17
Packet Pg. 21
5.6
maintenance inspections of Pressure Maplewood Grove on SE 240th St, Hanna's
Reducing Valves (PRVs) at various Wetland on SE 262nd St, Stillwater
locations Citywide. Shadows on SE 261st PI, Meridian Forest B
• SCADA staff worked with Go-Tek/RH2/Duc on SE 236th PI, Meridian Glen Division on
on Tacoma communications, installed a SE 272nd Ct, Top of the Hill on SE 242nd
conduit and wiring for an electrical outlet at PI, Lake Meridian Outlet Channel B on SE
the GRNRA, worked on the screen design 272nd St, Lake Meridian Outlet Channel C
for the new SCADA servers, wired and on SE 274th St, Country Club North on
tested the new pump drives at the Union 138th Ave SE, Pheasants Hollow A and D
Pacific station, tested the new SCADA on 127th Ave SE, Pheasants Hollow B on
servers' script and operation and worked 125th PI SE, Swan Court on 112th Ave SE,
on troubleshooting issues at the Renton Chelmsford A and B on SE 236th St,
inter-tie. Chelmsford C on SE 234th PI, Kent Senior a
• Pumpstation crews installed the #3 check Center on E Smith St, Earthworks Dam on 0
valve at the Lindental Pumpstation and put Reiten Rd and at Kennebeck on Kennebeck =
back online, installed conduits and wire to Ave.
provide power at Lagoons, pumped out the Holding Pond crews line trimmed and ;
sewer wet well and set up the bypass mowed at Cherrywood, Lexington Square L)
pumping at Lindental, prepared the Mill and the 277th Corridor #3 on 114th Ave E
creek pumpstation for fence and backflow SE, Oakhill A on SE 264th PI, Oakhill B on ,°
device repairs, replaced the mechanical SE 265th PI, Blueberry Farm on 110th PI
seal #1 at Victoria Ridge, serviced the SE, Starwood on SE 265th PI, the 277th a
Godwin pumps, inspected and cleaned wet Corridor #2 on SE 275th St, Erin Glade on
wells and pressure washed and cleaned 110th Ave SE, Plat of Kentara on SE 272nd
Pumpstations at various locations Citywide. PI, Heritage Lakeland on 105th Ave SE, a
Storm Drainage/Vegetation Bremier Bluff on 104th Ave SE, Hutchison
• Storm crews replaced castings on SE 212th Landing on 106th Ave SE, West View Malik N
L
St, reshaped a bioswale on S 214th PI, saw on S 243rd PI, Bandon East on 94th Ave S,
cut for a pipe replacement on 118th Ave Woodridge Short Plat on 97th Ave S, Goff o
SE, assisted Pumpstation crews with Property on 106th Ave SE, Alvin's Pond on
installation of conduits and wiring at SE 260th PI, Kingstone on 115th Ave SE,
Lagoons, installed a catch basin and line on the 277th Corridor #1 on Green River Rd N
SE 276th St, repaired the curb and gutter S, Top of the Hill on 102nd Ave SE, c
on 64th Ave S, potholed for utilities and Strawberry Fields on 100th PI SE, Park E
drainage improvements on Woodford Ave Place on S 242nd PI, Walnut Ridge on S w
N, repaired a culvert end on SE 204th PI, 242nd Ct, Kentview Heights (Balterra) on S °'
removed debris at 12414 SE 218th Ct, 239th PI, Canterbury Eastwood on SE
performed wetland mitigation at Swan 247th PI, Canyon Crossing on SE 248th St, c
Court on SE 241st PI, hauled asphalt and Goodwin Short Plat on S 247th Ct,
dirt from and ecology blocks to the Vactor Wildberry on 94th Ct S and at Schneider on •2
site, cleaned for the Soos Creek Project on S 230th PI. Crews also installed a fence at '
E
S 218th St and performed TV cleaning for Cedar Pointe on SE 253rd PI and assisted c
the 2024 overlays on SE 232nd St and on the storm crews with wetland mitigation at u
109th Ave SE. Crews also performed Swan Court on 112th Ave SE.
National Pollutant Discharge Elimination Fleet/Warehouse
System (NPDES) assessing on Military Rd The Warehouse crew have continued to
S, SE Kent Kangley Rd, S 280th St, S assist with CDL training, maintained the
208th St and on SE 278th St and pumping shops yard, keeping it clean and free of
on Reith Rd, S 260th St, SE 278th St, SE litter and debris, cleaned and maintained
Kent Kangley Rd and on 46th Ave S. the wash rack, washed and vacuumed
• Wetland Maintenance performed line motor pool vehicles, issued Personal
trimming and mowing of wetlands at Protection Equipment (PPE) and motor pool
Page 16 of 17
Packet Pg. 22
5.B
vehicles to staff and hydrant meters to
contractors, repaired small equipment as
needed, received parts and inventory
orders and hauled spoils as time and
equipment were available.
• Fleet staff worked on scheduled and non-
scheduled maintenance repairs, worked on
mower repairs, received new vehicles and
moved them to KEHOC, upfitted and set up
vehicles, put a new Maverick pick-up truck
into service for Public Works
Administration, prepared a new litter truck
for service, delivered new vehicles to Parks a
and Water and sent out vehicles for
Auction. C
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Page 17 of 17
Packet Pg. 23
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
June 20, 2023
Date: June 20, 2023
Time: 5:27 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Boyce called the meeting to order.
Attendee Name _ Title Status Arrived
Bill Boyce Council President Present c
Brenda Fincher Councilmember Remote
Satwinder Kaur Councilmember Present °
Q.
Marli Larimer Councilmember Present a
Zandria Michaud Councilmember Excused
Toni Troutner Councilmember PresentLn
a
Les Thomas Councilmember Present
LO
M
II. PRESENTATIONS c
1 2022 Year End Financial Report Paula Painter 30 MIN. c
N
C
Finance Director, Paula Painter presented the 2022 Year End Financial Status
Report. °
a�
Painter advised that revenues came in 8% over budget.
Painter detailed:
General Fund and Other Fund Revenues comparing 2021 actuals to 2022 a
budget
Permit and Plans Review fees were compared from 2018 - 2022. Q
Utility Tax Share by Type - Telephone and cable taxes continue to decline.
General Fund spending by classification - Came in 6.81% under budget ;
General Fund ending Fund Balance
Reviewed 2020-2022 actuals.
Real Estate Excise Tax came in $7.2M above budget for 2022 and Painter
explained the Intergovernmental Revenue for streamlined sales tax that will
eventually go away in 2026.
Capital spending details were provided.
Painter closed by conveying:
Overall, 2022 tax revenue came in better than anticipated
Packet Pg. 24
City Council Workshop Workshop Regular June 20, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
• Sales Tax remained strong in 2022, coming in 12% greater than in 2021
• B&O Tax remains strong in 2022, coming in just over budget
Department expenditures came in under budget.
Financial Planning Manager, Michelle Ferguson presented the May 2023
Monthly Financial Report.
Ferguson pointed out General Fund Sales Tax revenue is coming in 4%
higher than 2022, Utility Taxes are coming in strong, Water Utility revenues
and expenditures higher, and Solid Waste Utility revenues are coming in 3
higher and expenditures are coming in lower.
2 Transportation Sustainability Rob Brown 45 MIN. 0
7i
0
Transportation Street and Vegetation Manager, Bill Thomas provided the a
Council with an update on the City's transportation system. Thomas indicated a
the goal is to move towards a more sustainable transportation system.
LO
Thomas provided an overview of the City's Transportation System and the
many assets the City maintains. M
N
O
Thomas went on to recap: o
2022 In house completed projects N
c
2022 Contract completed projects
79th Avenue South in-house project completed. 0
2023 Pavement Preservation Workplan
2023 In-house workplan
2023 Contract work
Curb Ramps
2024 Pavement Preservation work plan
2024 In-house projects
2024 Contract projects
Grant funded street projects a
City streets eligible for overlay grants.
City of Kent Streets not eligible for grants.
o Criteria used to determine which roads to do each year and why?
Overfall Pavement condition rating map was reviewed.
Unfunded mandate:
Retro-reflectivity for line striping for better visibility of the lines and for self-
driving and driver assist cars use paint lines to navigate by. The City will
need to create a new program - these are federal mandates and will require
more frequent painting of the road striping.
2023 Bridges and overpasses were reviewed, including the Meeker Street
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 25
City Council Workshop Workshop Regular June 20, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
bridge painting and deck repairs project that is 100% grant funded.
Thomas provided an overview of the 2023 Sidewalk work, including missing
sidewalks. Thomas also reviewed inspection, removing and replacing
sidewalks in addition to street-funding sidewalk repairs from 2015-2022.
Transportation Engineering Manager, Rob Brown, provided the Council with
the Traffic Signal System Overview, including:
N
Traffic Signals and pedestrian crossings - New APS at seven intersections and 3
LPI at 5 intersections.
Signal Damage due to vehicle crashes, 1 electrocuted and 4 lifecycle 4-
replacements. 0
7i
Streetlight damage o
Wire theft - 2022 36,000 feet stolen a
Vandalism and power theft a
Graffiti and cabinet wraps
LO
Brown talked about the Residential Traffic Calming Program:
24 requests in 2022 M
58 open requests (31 qualified, 27 awaiting traffic studies) N
0
cm
The City's ADA Transition Plan is being updated and will be needed for federal
grant funds.
4-
0
Brown provided details on the 2022 Crash Study.
r
Public Works Director, Chad Bieren provided an overview of pavement
resurfacing/repair accomplishments from 2013.
c
Bieren talked about inflation and the cost of materials that have dramatically
increased since 2020 and also conveyed challenges related to theft, accidents
and staffing levels. a
a�
Meeting ended at 6:31 p.m.
Ki4�ley A. Ko-wwto-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 3 Packet Pg. 26
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
June 20, 2023
Date: June 20, 2023
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Council President Boyce called the meeting to order.
c
2. ROLL CALL
Attendee Name itlAE— Status Arrived °
Bill Boyce Council President Present c
Brenda Fincher Councilmember Remote a
Satwinder Kaur Councilmember Present a
Marli Larimer Councilmember Present
Toni Troutner Councilmember Present a
0
Les Thomas Councilmember Present
Zandria Michaud Councilmember Excused N
0
N
3. AGENDA APPROVAL N
A. I move to approve the agenda as presented.
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas
c
M
a
4. PUBLIC COMMUNICATIONS
A. Public Recognition N
as
i. Proclamation for Macrina Bakery Day
Council President Boyce presented the Proclamation for Macrina Bakery Day
to Leslie Mackie, founder of Macrina Bakery. Mackie expressed appreciation
of the Proclamation.
ii. Presentation of City's Charitable Contributions Committee Donation to
Sound Generation's Meals on Wheels Program
Council President Boyce presented the City's Charitable Contribution
Committee donation to Dale Hoover from Sound Generation's Meals on
Wheels program.
Packet Pg. 27
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
Alesha Hart, representative from the City of Kent Charitable Contributions
Committee conveyed that City of Kent employees purchased plants and
donated money to raise funds for this charity.
Hoover expressed words of appreciation for the donation.
B. Community Events
Council President Boyce announced upcoming events at the accesso ShoWare
Center.
N
d
Councilmember Fincher announced upcoming concerts and invited the public
to attend the Fourth of July Splash event at Lake Meridian park.
C. Public Safety Report o
7i
Chief Padilla presented the Public Safety Report. o
a
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Chief Padilla provided backgrounds on two new officers: David Doucett and a
Brandon Lyon. Both are laterals. Council President Boyce performed the
swearing in. o
0
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Chief Padilla announced recent promotions of: N
Sergeant Doug Whitley N
Sergeant Corey Chapman N
c
Chief Padilla presented Lifesaving Awards to:
Corrections Officer Scott Kulin, Corrections Officer Alicia Day and Corrections o
Officer Shareka Alexander are being commended for their quick actions as it a
most certainly contributed to saving the life of the inmate. These officers
embody the Kent Police Department mission of protecting and caring for
people in our community, our value of service, and our vision of improving
the lives of our community members.
a
a�
Chief Padilla presented Officer Matthew Fisher with his second Lifesaving a
Award. Officer Fisher is being commended for his extreme bravery and
selflessness while providing critical lifesaving aid. His actions along with the
actions of the three Good Samaritans directly resulted in the patient
surviving his heart attack. Officer Fisher embodies the Kent Police
Department mission of protecting and caring for people in our community,
our value of service, and our vision of improving the lives of our community
members.
Additionally, Chief Padilla awarded three Good Samaritans: Phil Zegler,
Martin Flores, and Hector Gomez, with the Chief's Award for Citizen's
Commendation for administering CPR to the driver.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 8 Packet Pg. 28
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
Mark & Shelly McMasters Quality Towing Company presented a $10,000
donation to the Kent Police Foundation.
Chief Padilla awarded Officer Jonathan Silas with the Chief's Award of
Exceptional Duty. Officer Silas is being commended for his courageous and
selfless actions to protect his fellow officer. Officer Silas exemplifies the Kent
Police Department vison of providing the highest level of law enforcement
service with is utmost professionalism and heroism.
Chief provided details on the recent Gun Buyback event.
w
Chief Padilla advised two additional intersections have Red Light Cameras
that were activated. The warning period begins June 151" and tickets will be 0
issued starting July 16t". The locations of the additional intersections are:
• 116th Ave SE / SE 240th Street 0
• 68th Ave S / S 228th Street a
a
Chief Padilla closed his report by providing information on the Department's a
past and ongoing Street Racer Emphasis. o
0
ti
S. REPORTS FROM COUNCIL AND STAFF N
0
A. Mayor Ralph's Report N
0
No report.
B. Chief Administrative Officer's Report 4-
0
Chief Administrative Officer, Pat Fitzpatrick advised a proposal will be r
brought to the Council in July regarding utilizing opioid funds recovered in its
lawsuit against opioid manufactures. The proposal will include using funds to
provide actual treatment to those that cannot afford it.
c
Fitzpatrick indicated his report included in today's agenda packet.
C. Councilmembers' Reports a
Council President Boyce provided an update on the Operations items on
today's Committee of the Whole agenda.
Boyce serves as the chair of the City Council Workshop and provided a recap
of the two presentations from tonight's meeting.
Councilmember Troutner provided an overview of the Economic and
Community Development agenda items from tonight's Committee of the
Whole agenda.
Councilmember Fincher indicated the Mental Illness and Drug Dependency
Council and the King Conservation District are reviewing their annual reports.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 8 Packet Pg. 29
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
Fincher invited the public to visit the art exhibit in the City of Kent Centennial
Center.
Fincher provided an overview of the Public Works agenda items from
tonight's Committee of the Whole agenda.
6. PUBLIC HEARING
None.
N
d
7. PUBLIC COMMENT
Serra Angel Schmeising, a Kent resident, provided public comment relating -
to the Mill Creek Middle School track and field. i
0
Stephen Schmeising, a Kent resident, provided public comment relating to a
the Mill Creek Middle School track and field. a
Melinda Schmeising, a Kent resident, provided public comment relating to the a
0
Mill Creek Middle School track and field. o
ti
M
Kyle Johannes, a coach at the Mill Creek Middle School and resident of the N
City of Seattle, provided public comment relating to inequity in funding at o
various Kent School District schools.
Molly Rutter, a Kent educator and resident of Auburn, provided public 0
comment on behalf of a Kent student relating to the Mill Creek Middle School a
track and field.
8. CONSENT CALENDAR ai
c
I move to approve consent items A - R.
a
a�
RESULT: APPROVED [UNANIMOUS] a
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas
A. Approval of Minutes
Council Workshop - Workshop Regular Meeting - Jun 6, 2023 5:15 PM
City Council Meeting - City Council Regular Meeting - Jun 6, 2023 7:00 PM
B. Payment of Bills - Approve
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 8 Packet Pg. 30
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
MOTION: I move to approve the payment of bills received
through 5/31/23 and paid on 5/31/23 and approve the checks
issued for payroll 5/16/23 - 5/31/23 and paid on 6/5/23, all
audited by the Committee of the Whole on 6/6/23.
C. Excused Absence for Councilmember Michaud - Approve
D. Accept the accesso ShoWare Scoreboard Replacement Project
as Complete - Authorize
MOTION: I move to authorize the Mayor to accept the accesso
ShoWare Scoreboard Replacement Project as complete and w
release retainage to Daktronics, Inc. upon receipt of standard
releases from the State and the release of any liens.
4-
0
E. Amendment to the Regional Water Supply System Repayment i
Agreement to Remove Covington Water District - Authorize 0
a
MOTION: I move to authorize the Mayor to sign the Amended a
Regional Water Supply System Repayment Agreement which
removes Covington Water District, who paid off their share of a
the repayment obligation during the 2023 bond refunding, o
subject to final terms and conditions acceptable to the Finance
Director and City Attorney. o
N
F. ARPA Reallocation; Agreements with National Development o
Council - Authorize
MOTION: I move to reallocate $600,000 of ARPA funds 4-
budgeted for expansion and start-up of businesses and non-
profit day care and early learning operators to the Commercial
Affordability Grant Program, to award to the National
Development Council $1,600,000 in ARPA funds to use to
award grants to Kent businesses, to contract with National
Development Council to establish a Commercial Affordability
Grant Program and provide technical assistance at a cost of
$100,000, and authorize the Mayor to sign all necessary a
documents, subject to terms and conditions acceptable to the
Economic and Community Development Director and the City
Attorney.
G. 2024 South King Housing and Homelessness Partners (SKHHP)
Work Plan and Operating Budget - Approve
MOTION: I move to Approve the 2024 South King Housing and
Homelessness Partners Work Plan and Operating Budget as
adopted by the SKHHP Executive Board on May 19, 2023.
H. Agreement with Totem Logistics for On-Call Garbage Cleanup
Services - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 8 Packet Pg. 31
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to sign a Goods and
Services Agreement with Totem Logistics, in the amount of
$175,000 subject to final terms and conditions acceptable to
the Public Works Director and City Attorney.
I. Multi-Service Center Housing Navigation SLFRF Agreement -
Authorize
MOTION: I move to authorize the Mayor to sign an agreement
with the Multi Service Center for the Housing Navigation
Program providing up to $255,847 in ARPA funds, subject to
final terms and conditions acceptable to the Parks Director and
City Attorney.
J. Lower Russell Levee Setback - Memorandum of Agreement o
with US Army Corps of Engineers and WA Historic Preservation
Officer - Authorize °
a
a
MOTION: I move to authorize the Mayor to sign the a
Memorandum of Agreement between the U.S. Army Corps of
Engineers and the Washington State Historic Preservation o
Officer, subject to final terms and conditions acceptable to the
City Attorney and Parks Director. N
0
K. Regional Agreement Re: Opioid Abatement Council - Authorize N
0
MOTION: I move to authorize the Mayor to sign an interlocal
agreement that creates the King County Opioid Abatement
Council to monitor expenditure reporting of settlement funds o
received through class action lawsuits related to community a
impacts from opioids, subject to final terms and conditions
acceptable to the Chief Administrative Officer and City
Attorney.
c
L. Purchase of Police Supplies under a Cooperative Purchasing 2
Agreement with the Washington State Department of
Enterprise Services - Authorize a
MOTION: I move to authorize the Police Department to
purchase ammunition through the cooperative purchasing
agreement the Washington State Department of Enterprise
Services has with the San Diego Police Equipment Company, if
those purchases are within the City's established budgets and
made during the term of the state contract, including any
renewals.
M. SOAR Orders, Designated No Racing Zones - Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4467, which amends
KCC 9.43.030 by designating two new areas within the City as
"No Racing Zones."
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 8 Packet Pg. 32
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
N. Lodging Tax Grant Awards for Spring 2023 Application Cycle -
Authorize
MOTION: I move to award Spring 2023 Lodging Tax Grants to
the recipients and at the funding levels identified by the
Lodging Tax Advisory Committee, in the total amount of
$170,000, and authorize the Mayor to sign all grant
agreements, subject to final terms and conditions acceptable to
the City Attorney.
O. 2023 State Legislative Criminal Code Amendments - Emergency
Ordinance - Adopt
MOTION: I move to recommend Council declare an emergency
4-
and adopt Ordinance No. 4468, amending the Kent City Code to 0
implement state legislation that enacts new crimes, addresses
drug paraphernalia, and criminalizes the possession and public a
use of drugs. a
P. City Council Bylaws, Rules, and Procedures - Resolution -
Adopt o
R
MOTION: I move to adopt Resolution No. 2062, which enacts
new bylaws, rules, and procedures of the Kent City Council and o
repeals Resolution No. 2061. N
0
Q. Land Use Implementation of SB 5536 (Blake Fix) - Ordinance -
Adopt
4-
MOTION: I move to adopt Ordinance No. 4469, amending Title
15 of the Kent City Code to implement amendments made to
the Revised Code of Washington concerning the location and
operation of opioid treatment programs, recovery residences,
and harm reduction programs.
R. Agreement with Kinetic West for STEM and Career Connected
Education Development Project - Authorize
a
MOTION: I move to authorize the Mayor to enter into an
agreement with Kinetic West to develop a STEM and Career
Focused set of educational resources to be utilized in the Kent
School District, in an amount not to exceed $140,000 in ARPA
funds, subject to final terms and conditions acceptable to the
Mayor and City Attorney.
9. OTHER BUSINESS
None.
10. BIDS
None.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 7 of 8 Packet Pg. 33
Kent City Council City Council Regular Meeting June 20, 2023
Minutes Kent, Washington
......................... ................._......
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Council President Boyce adjourned the meeting.
Meeting ended at 8:21 p.m.
Kit a Ley A. Kcwwto-
City Clerk
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Page 8 of 8 Packet Pg. 34
8.6
•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 6/15/23
and paid on 6/15/23 and approve the checks issued for payroll 6/1/23-
6/15/23 and paid on 6/20/23, all audited by the Committee of the Whole
on June 20, 2023.
SUMMARY:
Approval of payment of the bills received through: 06/15/23
and paid 06/15/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
06/15/23 Wire Transfers 9727 9746 $3,018,414.11
06/15/23 Regular Checks 770421 770872 $5,691,046.11
06/15/23 Payment Plus 105117 105163 $217,048.75
Void Checks $0.00
Void Payment Plus $0.00
06/15/23 Use Tax Payable $3,732.42
Total Accounts Payable: $8,930,241.39
Approval of checks issued for Payroll: 06/01/23 - 06/15/23
and paid 06/20/23
Date Document Numbers Amount
06/20/23 Checks $2,372,695.72
06/22/23 Checks $1,896.86
Voids and Reissues $0.00
06/20/23 Advices FR&P 463576 463582 $4,370.65
Total Payroll: $2,378,963.23
BUDGET IMPACT: None.
06/20/23 Committee of the Whole MOTION PASSES
Packet Pg. 35
8.B
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 36
8.0
•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Consultant Services Agreement, CeCe Kermie LLC -
Authorize
MOTION: I move to authorize the Mayor to sign the Consultant Services
Agreement with CeCe Kermie, LLC, in an amount not to exceed
$375,000.00, subject to final terms and conditions acceptable to the IT
Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with a number of employment agencies to retain temporary workers, on
an as-needed basis, to support many of the City's technology projects and service
needs. From January 1, 2023 through December 31, 2024, the City has signed
contracts with four different employment agencies to meet these needs: Protingent
Inc., TEKsystems, Inc., Robert Half International, Inc., and Affirma, LLC.
The City's IT Department seeks Council approval to enter into this agreement with
CeCe Kermie, LLC, for project management consulting services, provided that the
costs associated can be paid for within the budget established and authorized by
Council for the 2023 and 2024 biennium. This not to exceed amount is part of the
$2,200,000.00 approved by Council for the IT Department's temporary staffing
budget.
IT will monitor the fees charged under this contract, as well as the previous staffing
agreements authorized by Council to ensure the amounts paid to all staff agencies
for temporary workers does not exceed this approved budgeted amount.
BUDGET IMPACT:
Description Cost Impact
2023 & 2024 Operating and Capital Budget $375,000.00
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
Packet Pg. 37
8.0
1. Consultant Services Agreement (PDF)
06/20/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 38
8.C.a
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
CeCe Kermie LLC
N
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THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter 0
the "City"), and CeCe Kermie LLC organized under the laws of the State of Washington, located and doing a
business at 9209 Fox Ridge Ln Se Olympia, WA 98513 (hereinafter the "Consultant"). ,
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I. DESCRIPTION OF WORK. �
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The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications: Y
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Consultant shall provide project management services as described in Exhibit A — Statement
of Work. a
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the N
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in c
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the v
work described in Section I by December 31, 2024.
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III. COMPENSATION. M
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed E
$375,000.00, for the services described in this Agreement. This is the maximum amount to N
be paid under this Agreement for the work described in Section I above and shall not be a�
exceeded without the prior written authorization of the City in the form of a negotiated and Q
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate W
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) •2
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing ci
rates shall be as delineated in Exhibit A.
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B. The Consultant shall submit bi-weekly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall provide o
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any U
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that c
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion. z
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C. Card Payment Program. The Consultant may elect to participate in automated credit card a
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 39
8.C.a
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which the L
Consultant's services under this Agreement will be performed. 0
C. The Consultant has an established and independent business that is eligible for a a
business deduction for federal income tax purposes that existed before the City J
retained the Consultant's services, or the Consultant is engaged in an independently —J
established trade, occupation, profession, or business of the same nature as that •2
involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax v
documents with appropriate federal and state agencies, including the Internal Revenue v
Service and the state Department of Revenue.
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E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number Q
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its cn
business.
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of c
this Agreement. After termination, the City may take possession of all records and data within the t)
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal LO
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exposure to the Consultant.
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VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or o,
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent N
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
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protective equipment requirements that may be required under federal, state, or local law in response to c
the current pandemic. 2
If any future performance is prevented or delayed by a force majeure event, the party whose o
performance is prevented or delayed shall promptly notify the other party of the existence and nature of v
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be c
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and r-
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. r
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Notwithstanding other provisions of this section, the Consultant shall not be entitled to, 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 Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 40
8.C.a
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant. C
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VII. DISCRIMINATION. In the hiring of employees for the performance of work under this 0
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the a
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who J
is qualified and available to perform the work to which the employment relates. The Consultant shall execute —J
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative •°'
Policy 1.2. E
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, v
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or v
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be a
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, cn
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's c
negligence. v
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION 00
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was 0
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court N
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and i
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal c)
on the Consultant's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. N
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IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, v
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. c
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable u
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under r
this Agreement. a
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 41
8.C.a
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this -L
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of =0
inspection to secure satisfactory completion. a
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary J
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the —J
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall •2
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work. Y
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XIV. MISCELLANEOUS PROVISIONS. U
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the m
covenants and agreements contained in this Agreement, or to exercise any option conferred by this •2
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a)
covenants, agreements or options, and the same shall be and remain in full force and effect. r
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and N
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any c
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means v
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in LO
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writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or E
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement. a,
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
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. r
E. Assignment. Any assignment of this Agreement by either party without the written consent o
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, v
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c
without additional written consent. E
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement r
shall be binding unless in writing and signed by a duly authorized representative of the City and the a
Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 42
8.C.a
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to 0
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, a
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the J
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties -J
and obligations under the Public Records Act. 2
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J. City Business License Required. Prior to commencing the tasks described in Section I, Y
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the v
Kent City Code. v
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 43
8.C.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
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 L
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed 0
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CONSULTANT: CITY OF KENT:
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By: By: Y
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Print Name: Print Name: Dana Ralph
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Its Its Mayor
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: .2
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CONSULTANT: CITY OF KENT: N r
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Chawntain Kermen Brian Rambonga N
CC Kermie LLC City of Kent =
9209 Fox Ridge Ln SE 220 Fourth Avenue South ti
Olympia WA 98513 Kent, WA 98032 Q;
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(360)298-7088 (telephone) (253)253-4610 (telephone)
cece@cecekermie.com (email) brambonga@kentwa.gov (email) c
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APPROVED AS TO FORM: Q
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Kent Law Department cn
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ATTEST: r
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Kent City Clerk
[In this field,you may enter the electronic filepath where the contract has been saved] E
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 44
8.C.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who .N
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perform work with relation to this Agreement shall comply with the regulations of the City's equal 0
employment opportunity policies. a
The City of Kent and its contractors are subject to and will comply with the following:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. E
252), (prohibits discrimination on the basis of race, color, national origin); Y
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil U
Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964). a
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations". U)
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The following statements specifically identify the requirements the City deems necessary for any a-
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of �
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined a
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. L
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The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, 2
race, color, national origin, age, or the presence of all sensory, mental or physical disability. N
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3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer. E
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and a
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
Packet Pg. 45
8.C.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract. N
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B. Non-discrimination: The contractor, with regard to the work performed by it a
during 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 leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including E
employment practices when the contract covers any activity, project, or program Y
set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and b
Equipment: In all solicitations, either by competitive bidding, or negotiation made E
by the contractor for work to be performed under a subcontract, including N
procurements of materials, or leases of equipment, each potential subcontractor or a
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will N
permit access to its books, records, accounts, other sources of information, and its c
facilities as may be determined applicable to contractor's contract by the City or the U
Washington State Department of Transportation to be pertinent to ascertain
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compliance with such Acts and Regulations and instructions. Where any information M
required of a contractor is in the exclusive possession of another who fails or ,
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth N
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may (n
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the o
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
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F. Incorporation of Provisions: The contractor will include the provisions of U
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 subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
Packet Pg. 46
8.C.a
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities: a
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Y
(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 U
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, y
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(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), cn
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or r_
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sex); U
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
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coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by c
expanding the definition of the terms "programs or activities" to include all of the E
programs or activities of the Federal-aid recipients, sub-recipients and contractors, L
whether such programs or activities are Federally funded or not); Q
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination W
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities C
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation v
regulations at 49 C.F.R. parts 37 and 38; N
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 0
(prohibits discrimination on the basis of race, color, national origin, and sex);
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X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with a
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
Packet Pg. 47
8.C.a
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the 0
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above. J
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By:
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Title:
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Date:
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8.C.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 a
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APPROVED BY Dana Ralph, Mayor a
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POLICY: Y
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the r-
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination ci
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement. E
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Q
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these r
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EXHIBIT A
Statement of Work
This Statement of Work ("SOW") is issued pursuant to and is subject to and governed by the
terms and conditions of the Consultant Services Agreement ("Agreement") executed by the City
of Kent and CeCe Kermie, LLC. This SOW, together with the Agreement, shall sets out the
expectations, goals, and objectives of the parties concerning the services to be provided under N
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this agreement. Accordingly, the parties agree that CeCe Kermie, LLC shall provide the following 0
project management services in accordance with the terms of the Agreement: a
• Establishes the overall project objectives and negotiates and coordinates resource
availability. a
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• Assist IT Managers through the City's Procurement Process, including reviewing contracts Y
with Legal, creating and managing RFPs, assembling all required documentation for IT
Administration, and presenting requests for approval to all necessary committees (e.g.,
Operations, TAB, etc.). r
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• Responsible for the work, plans and carries out the oversight assignments, resolves most
conflicts that arise, coordinates work with others and interprets policies in terms of
established business and project objectives. a
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• Keeps project stakeholders informed of progress, potentially controversial matters or far-
reaching implications. ci
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• Working with assigned Business Analyst(s) and/or Business Systems Analysts, prepares
for and conducts business process analysis and requirements elicitation, documentation U)
and modeling. U
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• Analyze TCO/Total Cost of Ownership considerations and present alternatives, risks & LO
mitigation options to management and project stakeholders.
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• Cultivate contacts within customer areas, vendor domains and product technical spaces. E
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• Obtain information about future requirements in related functional areas including product Q
and service developments in the solution provision space—look to influence those a
developments in ways favorable to the City.
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• Lead the applicable SDLC/Sofware Development Lifec cle design, testing, planning and
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implementation of complex projects for systems that typically affect multiple users and
often need to adhere to various rules, regulations, policies and standards.
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• Establish liaison relationships with related vendors and professional service providers.
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• Present oral and written reports defining requirements, plans, risks and issues and E
resolutions to customers, management and business units. o
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• Lead the effort to align the City's business strategies with associated technology and
services.
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8.C.a
• Capture requirements through the inclusion of task and workflow analysis, document
analysis, requirements workshops, surveys, site visits, business process descriptions, use
cases, scenarios and sound business analysis practices.
• Confer and collaborate with user, technical teams and vendors to analyze business needs
and requirements, which include specific project deliverables.
• Interpret customer business needs and translate them into application and operational N
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requirements. 0
• Act as liaison between customers and the Lead Systems & Design Engineer for custom a
developed applications. U
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• Act as liaison between customers and the service area Business Systems Analyst for all E
purchased applications. Y
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• Ensure deployed software systems and associated services are complete and viable.
• Ensure all new solutions include a viable and on-going User Training by working closely
with the Technical Writer/Trainer.
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• Analyze information from surveys and workshops, task analysis, and business process Q
descriptions.
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• Attend meetings, seminars and training sessions to maintain current knowledge of in
industry advances in project management, business analysis, business domain
considerations and business system computer applications.
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• Perform feasibility analysis, scope projects, and work closely with the users and the IT U
management team to prioritize deliverables and negotiate on product functionalities.
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• Coordinate and participates in applicable testing tasks including UT/Unit Testing,
IT/Integration Testing, UAT/User Acceptance Testing and FT/Functionality Testing.
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• Actively support the mission, vision, values and goals of the department and City. L
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Work performed under this agreement shall be billed at an hourly rate of $130.00 per hour, with
the total hours of services provided under this agreement not to exceed 32 hours per week
unless expressly approved by the City in writing though a properly negotiated and executed
contract amendment.
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8.C.a
ATTACHMENT 6
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against N
claims for injuries to persons or damage to property which may arise from or in connection with 'o
the performance of the work hereunder by the Consultant, their agents, representatives,
employees or subcontractors. a
Minimum Scope of Insurance J
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Consultant shall obtain insurance of the types described below: E
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1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 a�
01 and shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 E
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 ISO a
additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing
equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the in
State of Washington.
3. Professional Liability insurance appropriate to the Consultant's profession. N
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Minimum Amounts of Insurance
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Consultant shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000
products-completed operations aggregate limit. ;v
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2. Professional Liability insurance shall be written with limits no less than $250,000 per •2
claim and $250,000 policy aggregate limit. a)
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8.C.a
EXHIBIT B (Continued
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any N
Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess `o
of the Consultant's insurance and shall not contribute with it.
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2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt J
requested, has been given to the City. 2
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3. The City of Kent shall be named as an additional insured on all policies (except Professional Y
Liability) as respects work performed by or on behalf of the Consultant and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance U
policies. The Consultant's Commercial General Liability insurance shall also contain a clause a
stating that coverage shall apply separately to each insured against whom claim is made or E
suit is brought, except with respects to the limits of the insurer's liability.
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D. Acceptability of Insurers y
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
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E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory c
endorsements, including but not necessarily limited to the additional insured endorsement, U
evidencing the insurance requirements of the Consultant before commencement of the work.
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F. Subcontractors
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Consultant shall include all subcontractors as insureds under its policies or shall furnish separate a�
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be Q
subject to all of the same insurance requirements as stated herein for the Consultant.
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8.D
•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Cooperative Purchasing Agreement for Staffing Services -
Robert Half, International - Authorize
MOTION: I move to authorize the Mayor to contract for staffing and
recruiting services through the cooperative purchasing agreement
between Houston-Galveston Area Council and Robert Half International,
Inc., if the purchase of these services is within established budgets and
made during the term of the cooperative purchasing agreement.
SUMMARY: In 2014, the City entered into an agreement with the Houston-
Galveston Area Council ("HGAC"), which allows the City to utilize the competitively
bid contracts that HGAC procures. HGAC provides public entities, like the City, with
purchasing power they can leverage to obtain better value pricing and superior
contract terms than they could obtain on their own. HGAC has in turn entered into
an agreement with the staffing agency, Robert Half International, Inc. ("Robert
Half"). Purchasing goods and services through a public purchasing cooperative
satisfies the competitive bid requirements established by Council under KCC
3.70.110(F).
The City's Information Technology ("IT") needs to contract with staffing and
recruiting agencies to retain temporary workers to help staff various vacancies.
Under the terms of the HGAC contract, the City was able to negotiate an agreement
with Robert Half for the specific staffing services needed by the City, so long as the
terms of this agreement do not conflict with the terms of the HGAC and Robert Half
contract.
The City's IT Department seeks Council approval to enter into this contract with
Robert Half through the HGAC contract, provided that the costs associated with this
contract can be paid for within the budget of $2,200,000.00 established and
authorized by Council for the 2023 and 2024 biennium.
IT will monitor the fees charged under this contract, as well as the previous staffing
agreements authorized by Council to ensure the amounts paid to all staff agencies
for temporary workers does not exceed this approved budgeted amount.
BUDGET IMPACT:
Description Cost Impact
2023 Operating and Capital Budget $2,200,000.00
Packet Pg. 54
8.D
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. EXH A - City Interlocal with HGAC 2014 (PDF)
2. EXH 131 - Robert-Half-HGAC (PDF)
3. EXH 132 - Executed Amendment 1-Robert Half International Inc (PDF)
4. EXH 133 HGAC RH Amendment (PDF)
06/20/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 55
8.D.a
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INTERLOCAL CONTRACT 1z C N
THE SMART PURCHASING 4#GACB
FOR COOPERATIVE PURCHASING No.; �
Permanent N7mnbCr assigned by H-GAC .>
THIS INTERLOCAL CONTRACT("Contract'),made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter to
791,Texas Government Code(the"Act"),by and between the Houston-Galveston Area Council,hereinafter referred to as"H-GAG," c
having its principal place of business at 3555 Timmons bane,Suite 120,Houston,Texas 77027,and*City of Kent. WA.
a local government, a state agency, or a non profit corporation N
created and operated to provide one or more governmental functions and services,hereinafter referred to as"End User,"having its
principal place of business at*220.4th Avenue South, Kent, Washington 98032-5895
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WITNESSETH
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WHEREAS,H-GAC is a regional planning commission and political subdivision ofthe State of Texas operating under Chapter 391, Q
Texas Local Government Code;and aD
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WHEREAS, pursuant to the Act,H-GAC is authorized to contract with eligible entities to perform governmental functions and L
services,including the purchase of goods and services;and a
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WHEREAS,in reliance on such authority,H-GAC has instituted a cooperative purchasing program under which it contracts with 0
eligible entities under the Act;and U
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WHEREAS,End User has represented that it is an eligible entity under the Act,that its governing body has authorized this Contract on
*Q 1/Q 1/2Q 14 (Date),and that it desires to contract with H-GAC on the terms set forth below; o
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NOW,THEREFORE,H-GAC and the End User do hereby agree as follows: cu
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ARTICLE 1: LEGAL AUTHORITY Q
The End User represents and warrants to H-GAC that(1)it is eligible to contract with H-GAC under the Act because it is one of the o
following;a local government,as defined in the Act(a county,a municipality,a special district,or other political subdivision of the u
State of Texas or any other state),or a combination of two or more of those entities,a state agency(an agency of the State of Texas as >
defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created
and operated to provide one or more governmental functions and services,and(2)it possesses adequate legal authority to enterinto this
Contract.
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ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,regulations,and =
ordinances and laws in effect or promulgated during the term of this Contract.
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ARTICLE 3: WHOLE AGREEMENT `n
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This Contract and any attachments,as provided herein,constitute the complete contract between the parties hereto,and supersede any
and all oral and written agreements between the parties relating to matters herein.
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ARTICLE 4: PERFORMANCE PERIOD N
�011Q1/2014 U
The period of this Contract shall be for the balance of the fiscal year of the Had User,which began• and Q
ends* 12/31/2014 . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, C9
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- _
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. r
ARTICLE S. SCOPE OR SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- p
GAC Cooperative Purchasing Program. End User will access the Program through HG1CBuv.com and by submission of any duly L
executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership(title)to
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products purchased through H-GAC shall transfer directly from the contractor to the End User. r
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ARTICLE b: PAYMENT5
H-QAC ivsp confirm each order and Issue noticelo contractor to proceed, Upon dolivory Gf goods or services purchased,and C/)
presentatfon of aproperly documented invoice,tho End User shall promptly,and in any case within thirty(30)days,pay E-GAC's c
contractor the full amount ofthe invoice.Allpayments for goods or services willbemade from cunentrevenuea available to thopaying
party. In no event shall H-GAChava any financial liability to the End User for any goods or sarvioes End User procures frtun ati H
GAC contractor, cA
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TICLL •CHANGES AND ADRDMMETS }
This Contract=y be amended only by a vMtten amandraW executed by both parties,exoopt that any alterations,additlong,or W
deletions to the tam of tbis Contract wHoh am required by changes in Federal and State law or rogulations axe automatically E
incorporated into this Contract without written amendment hereto and shallbecome e#botive on the date designated bysuoh law or m
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regulation.
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H-OACreserves therightlornake changes In ibo scope ofproducts and services of eredthrough.theH GAC Cooperative Purchasing y
Program to be performed hereunder. >_
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ARWCLE 81 MRMUTIONPROcmIlI�.S
H C L
AC or this Contraotat'anytimeupon thirty days writtennotioe by aartifiednadltothe otherpat" �
tbis Contract, The obligations ofthe End User,including its Aligatlonto pqH GAC's contractor for all costs incurred under this 0
Contract prior to such notice sbali survive such cancellation,as well as any other obligation inotanred under this Contract,until U
performed or discharged by the End User,
ART-I-C-LE_9t SEVERABILITY 3
Allpartles agree that should anyprovidon ofthis Contractbe detemnincdlobolavalid orunenforceable,suehdate>mination shailnot 0
affect any other term ofibls Contract,which shall continue in fall form and offaet. V
to
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ART-M-1 IUt P4RCI1 MAdT�f7RE Q
Toth*iWontthat eltherpartytothis Contraot sbdlbowhollyorpartlanypreventedAlDm theperfonnanco witbintha tormspodflod of
anycbligadon ordutyplaoed on suohpattybyreasonof or tlirough strikes,stoppage oflabor,riot;fire,flood,acts ofwar,insurrection, 0
accident,order of any court,at of Uod,or spodflo came reasonably beyond the patcyrs control andtiot attributable to its neglect or y
nonfeasance,In such event,the timo for tboperfarmanca of such obligation or dutyshall be suspendelunff suchdisability topedbrmis >
removed;provided,howover,foncemaf eum sball not excaso an obligation sele4rtopq fiends.Determinationofforce m4eum shall 0
rest solely with H GAC,
ART10411, VENUB o
Disputes bettvecaprocueng party andVandor agate be resolved in accordtvith the law and venue rules of-the State ofpurohese, n
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THL,S INSTRUMENT HAS BEEN EXECUTM)IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLL �
*City of Kent Haustan-Gulveslo�i.�teu Connell
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TImOdEnWarr loaargosu'I�rur7tl ageney,ornalprnfltoorpwrrltPn�' 3555 Ieu ntfe oustom,TX77027
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*220 4th Avenue, South HlAtf.
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*Kent WA 99082-5896
City iota M Coda r1rf der.
SIZOR Bated or appointed moist
* ze coke, Mayor o
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
H-GAC
Houston-Galveston Area Council
P.O.Box 22777 • 3555 Timmons • Houston,Texas 77227-2777
Cooperative Agreement-Contract-Robert Half International,Inc.-Public Services- ID: 6943 =
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GENERAL PROVISIONS W
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This Agreement is made and entered into,by and between the Houston-Galveston Area Council hereinafter y
referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120,Houston, Texas
77027 and Robert Half International, Inc.,hereinafter referred to as the Contractor,having its principal place of
business at 2884 Sand Hill Road,Menlo Park, CA 94025.
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WITNESSETH:
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WHEREAS,H-GAC hereby engages the Contractor to perform certain services in accordance with the I
specifications of the Agreement; and
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WHEREAS,the Contractor has agreed to perform such services in accordance with the specifications of the i
Agreement;
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NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
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ARTICLE 1: LEGAL AUTHORITY �j
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this
Agreement. The Contractor's governing body,where applicable,has authorized the signatory official(s)to enter
into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments v
hereto. m
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ARTICLE 2: APPLICABLE LAWS c
The Contractor agrees to conduct all activities under this Agreement in accordance with all federal laws, w
executive orders,policies,procedures, applicable rules,regulations, directives, standards, ordinances, and laws, in >
effect or promulgated during the term of this Agreement, including without limitation,workers' compensation
laws,minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When c
required,the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. w
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ARTICLE 3: PUBLIC INFORMATION =
Except as stated below, all materials submitted to H-GAC, including any attachments,appendices, or other o
information submitted as a part of a submission or Agreement, are considered public information, and become the M
property of H-GAC upon submission and may be reprinted,published,or distributed in any manner by H-GAC v
according to open records laws,requirements of the US Department of Labor and the State of Texas, and H-GAC Q
policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the =
Texas Public Information Act, it shall so; however,the determination of the Texas Attorney General as to whether 'F
such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request
such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not
responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material c
from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any
time during the evaluation process. m
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ARTICLE 4: INDEPENDENT CONTRACTOR a0i
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
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The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the =
independent status of H-GAC or the Contractor.No provision of this Agreement or act of H-GAC in performance
of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC,the State c
of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and W
supervision of the Contractor. The Contractor is solely responsible for employee related disputes and c
discrepancies, including employee payrolls and any claims arising therefrom. y
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ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition
or otherwise restrain trade.
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ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(2 CFR 180.220)must not I
be made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 E
Comp.p. 189)and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions i
contains the names of parties debarred, suspended,or otherwise excluded by agencies, as well as parties declared a
ineligible under statutory or regulatory authority other than Executive Order 12549.
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Pursuant to the Federal Rule above,Respondent certifies that neither it nor its principals are presently debarred, Q.
suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation by any federal °o
department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its t�
principals will be debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from
participation by any federal department or agency or by the State of Texas Respondent shall immediately provide
the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when v
submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of m
the Respondent that the Respondent is not debarred, suspended,ineligible,or voluntarily excluded from the Q
covered contract,unless the H-GAC knows the certification is erroneous.
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ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S >
BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) M
H-GAC's goal is to assure that small and minority businesses,women's business enterprises, and labor surplus c
area firms are used when possible in providing services under a contract. In accordance with federal procurements w
requirements of 2 CFR§200.321, if subcontracts are to be let,the prime contractor must take the affirmative steps c
listed below: _
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; o
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever
they are potential sources;
3. Dividing total requirements,when economically feasible, into smaller task or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises; _
4. Establishing delivery schedules,where the requirement permits,which encourage participation by small
and minority businesses, and women's business enterprises; _
5. Using the services and assistance as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce. c
6. W
Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or m
unavailable. The Small Business Administration(SBA)is the primary reference and database for information on =
requirements related to Federal Subcontracting https://www.sba.izov/federal-contractina/contracting-guide/prime- w
subcontracting
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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises z
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
such as: Small Disadvantaged Business (SDB),Historically Underutilized Business(HUB),Minority Owned =
Business Enterprise(MBE),Women Owned Business Enterprise(WBE)and Disabled Veteran Business Enterprise
(DVBE)or other designation as issued by a certifying agency. 0
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Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as o
may be required by any rules,processes or programs they might have in place. Assistance may include y
compliance with reporting requirements,provision of documentation,consideration of Certified/Listed
subcontractors,provision of documented evidence that an active participatory role for a DBE entity was
considered in a procurement transaction,etc.
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ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement. Cnc°
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ARTICLE 9: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jun 012021 and ends May 31 2024. All E
services under this Agreement must be rendered within this performance period,unless directly specified under a i
written change or extension provisioned under Article 21,which shall be fully executed by both parties to this
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Agreement.
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ARTICLE 10: PAYMENT OR FUNDING `m
Payment provisions under this Agreement are outlined in the Special Provisions. H-GAC will not pay for any 0
expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of U
the contract.
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ARTICLE 11: PAYMENT FOR WORK v
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the m
goods or completion of the services and submission of the subsequent invoice. Q
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ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS w
If discounts for accelerated payment,pre-payment,progress payment, or quantity discounts are offered,they must >
be clearly indicated in the Contractor's submission prior to contract award. The applicability or acceptance of
these terms is at the discretion of the Customer. c
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ARTICLE 13: REPORTING REOUIREMENTS 0
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this x
Agreement, or otherwise fails to satisfactorily render performances hereunder,H-GAC may terminate this c
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agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of M
the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform v
may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to
timely submit any report may also be considered cause for termination of this Agreement.Any additional =
reporting requirements shall be set forth in the Special Provisions of this Agreement.
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ARTICLE 14: INSURANCE
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Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as 0
outlined and defined in the attached Special Provisions.
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ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS =
Except as may be set forth in the Special Provisions,the Contractor agrees not to assign,transfer, convey, sublet X
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or otherwise dispose of this Agreement or any right,title, obligation or interest it may have therein to any third
party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any
subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all z
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8.D.b
subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance =
rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and d
regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by 0
applicable law or regulation,H-GAC shall not be responsible for monitoring Contractor's compliance, or that of W
Contractor's subcontractors,with any laws or regulations. c
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an
independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local
government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be
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conducted in accordance with applicable professional standards and practices. The Contractor understands and
agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- �
GAC. I
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ARTICLE 17: TAX EXEMPT STATUS E
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally i
exempt from Federal and State sales,excise or use taxes. Respondent must not include taxes in its Response. It is
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the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request. W
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ARTICLE 18: EXAMINATION OF RECORDS o
The Contractor shall maintain during the course of the work complete and accurate records of all of the t0
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC,
through its staff or designated public accounting firm,the State of Texas,and United States Government, shall
have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized v
representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not m
limited to the required retention period,but shall last as long as the records are retained. Failure to provide access Q
to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the
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Contractor shall include(without limitation): (1)personnel and payroll records,including social security numbers w
and labor classifications, accounting for total time distribution of the Contractor's employees working full or part >
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other
evidence of disbursement of payroll payments; (2)invoices for purchases,receiving and issuing documents,and c
all other unit inventory records for the Contractor's stocks or capital items; and(3)paid invoices and cancelled w
checks for materials purchased and for subcontractors'and any other third parties'charges. 0
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Contractor agrees that H-GAC will have the right,with reasonable notice,to inspect its records pertaining to c
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purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the
examination of records outlined in this article shall be included in all subcontractor or third-party agreements. v
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ARTICLE 19: RETENTION OF RECORDS �
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The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other
financial, statistical,property,participant records, and supporting documentation for a period of no less than seven x
(7)years from the later of the date of acceptance of the final payment or until all audit findings have been
resolved. If any litigation,claim,negotiation, audit or other action involving the records has been started before 0
the expiration of the retention period,the records shall be retained until completion of the action and resolution of
all issues which arise from it, or until the end of the seven(7)years,whichever is later,and until any outstanding m
litigation, audit, or claim has been fully resolved. _
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ARTICLE 20: DISTRIBUTORS,VENDORS,RESELLERS
Contractor agrees and acknowledges that any such designations of distributors,vendors,resellers or the like are
for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all z
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obligations under the Contract and the performance of any designated distributor,vendor,reseller, etc. Contractor =
is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and d
forwarding of the Purchase Order to the designated distributor, vendor,reseller, etc.to complete the sale or 0
service. H-GAC reserves the right to reject any entity acting on the Contractor's behalf or refuse to add entities W
after a contract is awarded. c
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ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions,or deletions to the terms of this Agreement,which are required by changes in
federal or state law or by regulations, are automatically incorporated without written amendment hereto,
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and shall become effective on the date designated by such law or by regulation.
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B. To ensure the legal and effective performance of this Agreement,both parties agree that any amendment 1
that affects the performance under this Agreement must be mutually agreed upon and that all such
amendments must be in writing. After a period of no less than 30 days subsequent to written notice, E
unless sooner implementation is required by law, such amendments shall have the effect of qualifying the i
terms of this Agreement and shall be binding upon the parties as if written herein.
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C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the M
purposes of clarification or inclusion of additional specifications, qualifications,conditions, etc. The 4)
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change order must be in writing and agreed upon by Contractor and the Customer agency prior to 0
issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and t�
acknowledged by,H-GAC.
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ARTICLE 22: CONTRACT ITEM CHANGES 0
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A. If a manufacturer discontinues a contracted item,that item will automatically be considered deleted from Q
the contract with no penalty to Contractor. However,H-GAC may at its sole discretion elect to make a c
contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at
its sole discretion,to be in the best interests of its Customers. _>
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B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, 1�
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Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole w
discretion. If the change is rejected,H-GAC will remove the item from its program and there will be no 0
penalty to Contractor. However,H-GAC may at its sole discretion elect to make a contract award to the
next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion,to 0
be in the best interests of its Customers. chi
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C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Q
Contractor shall advise H-GAC of the details. If the 'new'item is equal to or better than the originally =
contracted item,the 'new'item shall be approved as a replacement. If the change is rejected H-GAC will M
remove the item from its program and there will be no penalty to Contractor. However,H-GAC may at its x
sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any
other action deemed by H-GAC at its sole discretion,to be in the best interests of its Customers. o
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D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items m
or as published options,routine published changes to products and pricing will be automatically =
incorporated into the contract. However, Contractor must still provide thirty(30)calendar days written w
notice and an explanation of the changes to products and pricing. H-GAC will respond with written c
approval.
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ARTICLE 23: CONTRACT PRICE ADJUSTMENTS =
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Price Decreases 0
If Contractor's Direct Cost decreases at any time during the full term of this award, Contractor must immediately W
pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost c
means Contractor's cost from the manufacturer of any item or if Contractor is the manufacturer,the cost of raw y
materials required to manufacture the item,plus costs of transportation from manufacturer to Contractor and
Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases
set out below. The price decrease shall become effective upon H-GAC's receipt of Contractor's notice. If
Contractor routinely offers discounted contract pricing,H-GAC may request Contractor accept amended contract
pricing equivalent to the routinely discounted pricing
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Price Increases I
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve
(12)months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed E
actual documented increase in Contractor's Direct Cost and will not exceed 10%of the previous bid price. i
Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges,
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or other economic factors. m
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Price Changes `m
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a 0
price change. Temporary increases in pricing by whatever name (e.g. `surcharge', `adjustment', `equalization U
charge', `compliance charge', `recovery charge', etc.),are also considered to be price changes. For published
catalogs and price sheets as part of an H-GAC contract,requests to amend the contract to reflect any new
published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The v
request must include the new catalog or price sheet. M
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All Products shall, at time of sale,be equipped as required under any then current applicable local, state, and
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federal government requirements. If, during the course of any contract, changes are made to any government w
requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the >
extent of Contractor's actual cost increase. The increase must be substantiated with support documentation
acceptable to H-GAC prior to taking effect.Modifications to a Product required to comply with such requirements c
which become effective after the date of any sale are the responsibility of the Customer. w
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Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty(30)calendar days prior to the requested effective date o
of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the M
Contractor's current price,revised price,the actual dollar difference and the percentage of the price increase by v
line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the
documentation used to submit pricing in the original Response and be supported with substantive documentation =
(e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.)clearly showing that
Contractor's actual costs have increased per the applicable line item bid. The Producer Price Index(PPI)may be x
used as partial justification, subject to approval by H-GAC,but no price increase based solely on an increase in
the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and 0
updating of the website. The letter and documentation must be sent to the Bids and Specifications manager,
William Burton, at William.Burtongh- a� m
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Review/Approval of Requests w
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective
until Contractor receives this notice. If H-GAC does not approve Contractor's price increase, Contractor may d
terminate its performance upon sixty(60)days advance written notice to H-GAC,however Contractor must fulfill z
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any outstanding Purchase Orders. Termination of performance is Contractor's only remedy if H-GAC does not =
approve the price increase.H-GAC reserves the right to accept or reject any price change request.
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ARTICLE 24: DELIVERIES AND SHIPPING TERMS W
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order c
acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor's risk and will leave y
H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver
any item within five(5)working days, or as agreed to on any corresponding customer Purchase Order.
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Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase
order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has
accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. �
The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the I
Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.
Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise. E
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ARTICLE 25: RESTOCKING(EXCHANGES AND RETURNS) Q
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms
of any award. If the Customer wishes to return items purchased under an awarded contract,the Contractor agrees W
to exchange,these items for other items,with no additional charge incurred. Items must be returned to Contractor Q.
within thirty(30)days from date of delivery. If there is a difference in price in the items exchanged,the °o
Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or t�
refund for any decrease in price per Customer's preference. On items returned, a credit or cash refund will be
issued by the Contractor to Customer. This return and exchange option will extend for thirty(30) days following
the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same v
merchantable condition as when received. Items that are special ordered may be returned only upon approval of m
the Contractor. Q
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ARTICLE 26: MANUALS w
Each product delivered under contract to any Customer must be delivered with at least one(1)copy of a safety
and operating manual and any other technical or maintenance manual. The cost of the manual(s)must be included
in the price for the Product offered. c
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ARTICLE 27: OUT OF STOCK,PRODUCT RECALLS,AND DISCONTINUED PRODUCTS 0
H-GAC does NOT purchase the products sold pursuant to a Solicitation or Agreement. Contractor is responsible x
for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall o
Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have
the option of accepting any equivalent product or canceling the item from Customer's Purchase Order. Contractor v
is not authorized to make substitutions without prior approval.
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ARTICLE 28: WARRANTIES, SALES,AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the x
Agreement; any warranties offered by a dealer will be in addition to the manufacturer's standard warranty and
will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. 0
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Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, m
Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims =
that have been assigned to a third party. w
ARTICLE 29: TERMINATION PROCEDURES a0i
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. z
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H-GAC will not pay for any expenses incurred after the termination date of the contract. _
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A. Convenience 0
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H-GAC may terminate this Agreement at any time, in whole or in part,with or without cause,whenever W
H-GAC determines that for any reason such termination is in the best interest of H-GAC,by providing c
written notice by certified mail to the Contractor.Upon receipt of notice of termination, all services
hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the
notice of termination.
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The Contractor may cancel or terminate this Agreement upon submission of thirty(30)days written c
notice,presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it E
has received notice of default from H-GAC. �
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B. Default
H-GAC may,by written notice of default to the Contractor,terminate the whole or any part of the E
Agreement, in any one of the following circumstances: i
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any a
extension thereof, or m
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason
whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of
services herein specified within the Agreement term is significantly endangered,and in either of these 0
two instances does not cure such failure within a period often(10)days (or such longer period of time t�
as may be authorized by H-GAC in writing)after receiving written notice by certified mail of default
from H-GAC.
(3) In the event of such termination,Contractor will notify H-GAC of any outstanding Purchase Orders and V
H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the m
Contractor to complete the Purchase Order.If Contractor is unable to do so,Contractor may be subject Q
to a claim for damages from H-GAC and/or the End User.
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ARTICLE 30: SEVERABILITY >
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement,which shall continue in full c
force and effect. w
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ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of Q
any obligation or duty placed on such party by reason of or through strikes, stoppage of labor,riot, fire, flood, acts M
of war,insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the parry's v
control and not attributable to its neglect or nonfeasance, in such event,the time for the performance of such
obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure =
shall rest solely with H-GAC. 'F
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ARTICLE 32: CONFLICT OF INTEREST
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No officer,member or employee of the Contractor or subcontractor,no member of the governing body of the 0
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the W
review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement m
which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this =
Agreement. w
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires
contractors contracting or seeking to contract with H-GAC to file a conflict of interest questionnaire(CIQ) z
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if they have an employment or other business relationship with an H-GAC officer or an officer's close =
family member. The required questionnaire and instructions are located on the H-GAC website or at the d
Texas Ethics Commission website https://www.ethics.state.tx.us/fortns/CIQ.pdf. H-GAC officers include its 0
Board of Directors and Executive Director,who are listed on this website. Respondent must complete and W
file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office c
or an officer's close family member as defined in the law exists. y
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B. Certificate of Interested Parties Form—Form 1295: As required by Section 2252.908 of the Texas
Government Code. H-GAC will not enter a Contract with Contractor unless(i)the Contractor submits a Un
disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or aM
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(ii)the Contractor is exempt from such requirement. The required form and instructions are located at the
Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. �
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. 1
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ARTICLE 33: FEDERAL COMPLIANCE E
Contractor agrees to comply with all federal statutes relating to nondiscrimination,labor standards, and i
environmental compliance.With regards to"Rights to Inventions Made Under a Contract or Agreement,"If the a
Federal award meets the definition of"funding agreement"under 37 CFR§ 401.2(a)and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the W
substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, o
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, t0
Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
Contractor agrees to be wholly compliant with the provisions of 2 CFR 200,Appendix II. Additionally, for work
to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of v
equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance m
obligations. These may include,but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) Q
which prohibits discrimination on the basis of race,color or national origin; (b)Title IX of the Education
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Amendments of 1972, as amended(20 U.S.C. §§ 1681-1683, and 1685-1686),which prohibits discrimination on w
the basis of sex; (c)the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the >
Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e)the Age Discrimination in Employment Act of c
1967 (29 USC 621 et. seq.)and the Age Discrimination Act of 1974, as amended(42 U.S.C. §§ 6101-6107), w
which prohibits discrimination on the basis of age; (f)the Drug Abuse Office and Treatment Act of 1972(P.L. 92- 0
255), as amended,relating to nondiscrimination on the basis of drug abuse; (g)the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended,relating to the o
nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service M
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse v
patient records; (i)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),as amended,relating to
nondiscrimination in the sale,rental or financing of housing; 0)any other nondiscrimination provisions in any =
specific statute(s) applicable to any Federal funding for this Agreement; (k)the requirements of any other
nondiscrimination statute(s)which may apply to this Agreement; (1) applicable provisions of the Clean Air Act =
(42 U.S.C. §7401 et seq.),the Federal Water Pollution Control Act, as amended(33 U.S.C. §1251 et seq.),
Section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738, and the Environmental Protection 0
Agency regulations at 40 CPR Part 15; (m)applicable provisions of the Davis-Bacon Act(40 U.S.C. 276a -
276a-7),the Copeland Act(40 U.S.C. 276c),and the Contract Work Hours and Safety Standards Act(40 U.S.C. m
327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n)the mandatory standards and =
policies relating to energy efficiency which are contained in the state energy conservation plan issued in w
compliance with the Energy Policy and Conservation Act(P.L. 94-163).
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ARTICLE 34: CRIMINAL PROVISIONS AND SANCTIONS z
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The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set =
forth by the H-GAC,the State of Texas, and the acts and regulations of any related state or federal agency. The
Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity c
through the filing of a written report within twenty-four(24)hours of knowledge thereof. Contractor shall notify W
H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement c
within twenty-four(24)hours of such occurrence. Theft or willful damage to property on loan to the Contractor y
from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two(2)hours of
discovery of any such act.
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The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies,the State of Texas,
the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full
investigation of all such incidents. �
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The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor
pertaining to this Agreement or which would adversely affect the Contractor's ability to perform services under E
this Agreement. i
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ARTICLE 35: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement,whether for breach of contract,warranty,negligence, strict liability, in W
tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, Q.
loss of time, inconvenience, commercial loss,lost profits or savings or other incidental, special or consequential °o
damages to the full extent such use may be disclaimed by law. Contractor agrees,to the extent permitted by law, t�
to defend and hold harmless H-GAC, its board members,officers, agents, officials, employees and indemnities
from any and all claims, costs,expenses(including reasonable attorney fees), actions, causes of action,
judgements, and liens arising as a result of Contractor's negligent act or omission under this Agreement. v
Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this m
Agreement. Q
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ARTICLE 36: LIMITATION OF CONTRACTOR'S LIABILITY w
Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability >
under this Agreement,whether for breach of contract,warranty,negligence, strict liability, in tort or otherwise, M
but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold c
hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not w
as warranted. In no event will Contractor be liable for any loss of use,loss of time, inconvenience, commercial c
loss,loss of profits or savings or other incidental, special or consequential damages to the full extent such use may x
be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon o
demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement. v
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ARTICLE 37: TITLES NOT RESTRICTIVE �
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The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be 'F
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considered restrictive of the subject matter of any Article, or part of this Agreement. x
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ARTICLE 38: JOINT WORK PRODUCT 0
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This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by
H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms m
and, in the event of any ambiguities,no inferences shall be drawn against any party. _
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ARTICLE 39: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1)procuring only items z
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designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the =
highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of
competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the 0
preceding fiscal year exceeded$10,000; (2)procuring solid waste management services in a manner that W
maximizes energy and resource recovery; and(3)establishing an affirmative procurement program for c
procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as y
required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)),Respondent
certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in
the performance of the Contract will be at least the amount required by the applicable contract specifications or
other contractual requirements.
ARTICLE 40: COPELAND "ANTI-KICKBACK"ACT
Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may I
be applicable,which are incorporated by reference into the contract. The contractor or subcontractor shall insert in
any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a E
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor i
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
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clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment >
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. W
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ARTICLE 41: DISCRIMINATION 0
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. U
These include,but are not limited to:
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a) Title VI of the Civil Rights Act of 1964(P.L. 88-352),which prohibits discrimination on the basis of v
race, color, or national origin;
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b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§1681-1683, and 1685- Q
1686),which prohibits discrimination on the basis of sex;
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c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. §794),which prohibits w
discrimination on the basis of handicaps; >
d) The Age Discrimination Act of 1975, as amended(42 U.S.C. §§6101-6107),which prohibits
discrimination on the basis of age; c
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,relating to w
nondiscrimination on the basis of drug abuse; 0
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of x
1970(P.L. 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; M
g) Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee-3), v
as amended,relating to confidentiality of alcohol and drug abuse patient records; Q
h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.),as amended,relating to =
nondiscrimination in the sale,rental, or financing of housing;
i) Any other nondiscrimination provisions in the specific statute(s)under which application for Federal x
assistance is being made; and
j) The requirements of any other nondiscrimination statute(s)that may apply to the application. 0
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ARTICLE 42: DRUG FREE WORKPLACE m
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. _
For the purposes of this Section, "drug-free"means a worksite at which employees are prohibited from engaging w
in the unlawful manufacture, distribution, dispensation,possession, or use of a controlled substance. H-GAC may
request a copy of this policy.
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ARTICLE 43: APPLICABILITY TO SUBCONTRACTORS =
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will
be bound by the foregoing terms and conditions. 0
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ARTICLE 44: WARRANTY AND COPYRIGHT o
Submissions must include all warranty information, including items covered, items excluded, duration, and y
renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 45: DATA HANDLING AND SECURITY y
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data c
appropriately during the project to prevent unauthorized access to all data,products,and deliverables.
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ARTICLE 46: DISPUTES I
All disputes concerning questions of fact or of law arising under this Agreement,which are not addressed within
the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H- E
GAC or his designee,who shall reduce his decision to writing and provide notice thereof to the Contractor. The i
decision of the Executive Director or his designee shall be final and conclusive unless,within thirty(30) days
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from the date of receipt of such notice,the Contractor requests a rehearing from the Executive Director of H-
GAC. In connection with any rehearing under this Article,the Contractor shall be afforded an opportunity to be W
heard and offer evidence in support of its position. The decision of the Executive Director after any such Q.
rehearing shall be final and conclusive. The Contractor may,if it elects to do so, appeal the final and conclusive °o
decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute t�
hereunder,the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H-GAC's final decision.
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ARTICLE 47: CHOICE OF LAW: VENUE m
This Agreement shall be governed by the laws of the State of Texas.Venue and jurisdiction of any suit or cause Q
of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas.
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Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the w
state of purchase. Contractor shall immediately notify H-GAC of such disputes. >
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ARTICLE 48: ORDER OF PRIORITY c
In the case of any conflict between or within this Agreement,the following order of priority shall be utilized: 1) �°,
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General Provisions, 2) Special Provisions, 3) Scope of Work, and,4) Other Attachments. 0
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ARTICLE 49: WHOLE AGREEMENT Q
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete M
Agreement("Agreement")between the parties hereto,and supersede any and all oral and written agreements v
between the parties relating to matters herein. Except as otherwise provided herein,this Agreement cannot be
modified without written consent of the parties. _
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SIGNATURES: W
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written o
above,as accepted by: '-
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Robert Half International,Inc. H-GAC
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DocuSigned by: DocuSigned by: U)
Signature `` v�s`�"`"�`� -Signatur
77F9EDBD4C1045E... 82EC270D5D61423... r
Name Greg Freeman Name Chuck Wemple I
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Title vice President Title Executive Director E
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Date 6/22/2021 Date 6/24/2021 Q
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H-GAC
Houston-Galveston Area Council
P.O.Box 22777 • 3555 Timmons • Houston,Texas 77227-2777 =
Cooperative Agreement-Contract-Robert Half International,Inc.-Public Services- 6943 1`
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SPECIAL PROVISIONS o
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Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into cc
the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal. M
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ARTICLE 2: END USER AGREEMENTS ("EUA") E
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement("EUA)with the i
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC a
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's terms
and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions
that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that termination of its a
Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall 00
in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this v
Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with
END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, 0
surviving termination of this Agreement between H-GAC and Contractor.
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ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE c
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other _>
governmental customers within the State of Texas, and offers the same or substantially the same �?
products/services offered to H-GAC on a basis that provides prices, warranties,benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten(10)business days 0
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date 3:
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, c
warranties,benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. M
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty,benefit, Q
or term that was charged or offered to another entity during the term of this Agreement, does not constitute =
more favorable treatment, than Contractor shall, within ten (10)business days, notify H-GAC in writing, setting
forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, 3F
after due consideration of Contractor's written explanation, may decline to accept such explanation and 0
thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective 0
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
benefits, or terms to H-GAC and the END USER. m
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EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, w
proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid a
concession], or to any prices offered to the Federal Government and its agencies. z
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ARTICLE 4: PARTY LIABILITY =
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. 0
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Contractor agrees either to refund the purchase price or to repair or replace product(s)that are not as warranted. E
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
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ARTICLE 5: GOVERNING LAW &VENUE a�
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes. I
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ARTICLE 6: SALES AND ORDER PROCESSING CHARGE E
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Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an a
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge,
after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty(30) calendar days or ten (10) c
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's v
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to 0
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including,but L
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing Q
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END o
USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order
processing charges on any portion of the Agreement actually performed, and for which compensation was M
received by Contractor.
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ARTICLE 7: LIQUIDATED DAMAGES c
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER x
purchase order is placed,to determine terms for any liquidated damages. o
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ARTICLE 8: INSURANCE v
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the Q
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Aggregate limit of at least two times the Single Occurrence limit.
b. Product liability insurance with a Single Occurrence limit of at least$1,000,000.00, and a General
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Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire W
Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. m
c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while x
in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and Ill
the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be
carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a E
Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance
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certificate(s) submitted to H-GAC. a
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d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and
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for any extensions thereof, plus the number of days/months required to deliver any outstanding order after 3:
the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the W
insured and showing coverage and limits for the insurances listed above. E
f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are
required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a
separate insurance certificate must be submitted for each such party.
g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and in
document accuracy. c
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ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS W
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H-GAC's contractual requirements DO NOT include a Performance &Payment Bond(PPB); therefore, c
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to E
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for i
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END a
USER's purchase order.
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ARTICLE 10: ORDER PROCESSING CHARGE a
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the °o
exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most v
current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.
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ARTICLE 11: CHANGE OF STATUS v
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Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, a)
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to c
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to N
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and >
including cancellation of Agreement. a
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ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered x0
must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and o
with at least the following: °;
a. Be new,unused, and not refurbished.
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b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to Q
preclude the Contractor from offering new models or configurations which incorporate improvements in =
a current design or add functionality,but in which new model or configuration may be new to the
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marketplace. x
c. Include all accessories which may or may not be specifically mentioned in the Agreement, but which are
normally furnished or necessary to make the Product ready for its intended use upon delivery. Such 0
accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time ,
of delivery. m
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout x
the entire quantity of a Product as may be purchased simultaneously by any Customer. w
e. Be designed and constructed using current industry accepted engineering and safety practices, and
materials. E
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f. Be available for inspection at any time prior to or after procurement.
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ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle =
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement,unless the Texas Motor Vehicle �°
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor E
Vehicle Board documentation to H-GAC upon request. °
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ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Agreement will be subject to inspection/testing by or at the direction of H- y
GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a c
Product fails to meet or exceed all requirements of this Agreement, and unless otherwise agreed in advance, the
cost of any inspection and/or testing, will be the responsibility of the Contractor.
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ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous E
three (3)month period. Reports must include,but are not limited, to the following information: a)
a. Customer Name a
b. Product/Service purchased, including Product Code if applicable
c. Customer Purchase Order Number
d. Purchase Order Date �-
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e. Product/Service dollar amount °
f. HGACBuy Order Processing Charge amount
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ARTICLE 15: BACKGROUND CHECKS 0
Cooperative customers may request background checks on any awarded contractor's employees who will have L
direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost Q
of obtaining any background information requested by the Customer.
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ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL M
CERTIFICATION
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As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does
not boycott Israel; and 2)will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, c
Texas Government Code: _
1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking Cn
any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not Q
include an action made for ordinary business purposes; and
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2. "Company"means a for-profit sole proprietorship, organization, association, corporation,partnership,
joint venture, limited partnership, limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary,parent company or affiliate of those entities or business
associations that exist to make a profit. 0
ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION m
As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a =
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company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization— w
specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively r
declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions
regime relating to a foreign terrorist organization is not subject to the contract prohibition.) a
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ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN =
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 W
and as amended October 26, 2020) C
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Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered E
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. "Covered telecommunications equipment or services means 1)
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any
subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities,
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physical security surveillance of critical infrastructure, and other national security purposes, video surveillance c
and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities);
3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) 1
telecommunications or video surveillance equipment or services produced or provided by an entity that the a
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal E
Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country. a
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Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26
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requires that Contractors review SAM prior to completing their required representations. This rule applies to all c
acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of v
commercial items, including commercially available off the-shelf items.
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ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) 0
With respect to products purchased by Customers for use in the National School Lunch Program and/or L
National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations a
with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to 0
the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such
programs. M
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In the event Contractor or Contractor's supplier(s) are unable or unwilling to certify compliance with the Buy w
American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers c
may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on x
all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such o
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requirement.
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ARTICLE 20:BUY AMERICA REQUIREMENT(Applies only to Federally Funded Highway and Transit
Pro'ects
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall
comply with all federal procurement laws and regulations with respect to such projects, including the Buy i
American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel c
and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. W
Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to m
products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all =
federal procurement laws and regulations with respect to such projects, including the Buy American provisions w
set forth in 49 U.S.C. Section 53230)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.
Contractor agrees to provide all certifications required by Customer regarding such programs.
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ARTICLE 21: DOMESTIC PREFERENCE
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In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using
federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, _
acquisition, or use of goods, products, or materials produced in the United States (including but not limited to
iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement �°
in all subawards including all contracts and purchase orders for work or products under the federal grant award. E
If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the
Customer to provide all required certifications and other documentation needed to show compliance.
ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.
§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this
Agreement and will not be discriminated against on the grounds of race, color, or national origin in I
consideration for an award.
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ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the a
definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal 2-
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,pg.339), as amended by c
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and v
implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
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The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor L
agrees that such provision applies to any contract that meets the definition of"federally assisted construction a
contract" in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. o
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ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT m
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to c
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. °
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7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must c
be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency x
(EPA).
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Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of v
the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C.
1251-1387) and will remain in compliance during the term of the Contract. _
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ARTICLE 25: PREVAILING WAGE i
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the c
Davis-Bacon Act, 40 U.S.C. 276a—276a-5, as amended, and the regulations adopted thereunder contained in 29 wo
C.F.R. pt. 1 and 5. IL
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ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS X
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As per the Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708),where applicable, all
Customer Purchase Orders in excess of,000 that involve the employment of mechanics or laborers must include 0
a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
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every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a half times =
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to �°
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These E
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of,000, a Customer may be required to negotiate profit as a
separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate
with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees
that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, I
including any applicable discount, under any awarded contract.
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ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment(31U.S.C. 1352)—Contractors that apply or bid for an award exceeding ,000 a
must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence 2-
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee c
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered v
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise 0
comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in L
compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) and will a
continue to be in compliance throughout the term of the Contract and further certifies that:
d
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any M
person for influencing or attempting to influence an officer or employee of any agency, a Member of c
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection w
with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the c
entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or x
modification of a Federal contract, grant, loan, or cooperative agreement. o
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing, or attempting to influence, an officer or employee of a Member of Congress in connection v
with a Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit
Standard Form—LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subcontractors shall certify and disclose accordingly. c
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This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction =
imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be w
subject to a civil penalty of not less than ,000 and not more than ,000 for each such failure.
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE AGREEMENTS,AND CONTRACTS =
Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as �°
amended(13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR E
Part 15. °
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ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT
Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to y
energy efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
FORM F-MARKETING Invitation No.: TS06-21
Offeror Name:
Bidder shall provide a written narrative explaining in some detail actiities that will be undertaken to actively market and promote
an H-GAC contract to local government and non-profit End Users.
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Robert Half will continue to implement the following approach and actions in order to promote HGAC's end-users utilization o U
the HGACBuy contract: _
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As a current provider under an H-GAC contract, Robert Half would continue to communicate all key contractual parameters and c
specifics of the H-GAC agreement to our branch offices, equipping them to best market to your member organizations as well as U
non-member organizations.
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Our internal staff is trained and experienced in how to direct non-member organizations to becoming part of H-GAC, helping to
facilitate them through the sign-up process. Our teams will also review and update skill definitions,pricing,procedural guidelines
for placing temporary staff,and all required documentation as dictated by the client agreement.
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As has been Robert Half s process to date, all relevant H-GAC information, including use of the H-GAC sign-up form, is posted o
to the Strategic Accounts section of Robert Half s Intranet, the site used by our field staff as a reference and to receive any H-
GAC cooperative member updates. This process enables our national salesforce of Staffing Professionals to be knowledgeable =
and maintain current account information. c
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Robert Half will continue to actively participate and coordinate with H-GAC regarding attendance at trade shows and other public
marketing events in order to promote joint marketing efforts. In addition,we will continue to assist H-GAC with internal rollouts U
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to members by drafting marketing material or content for the H-GAC internal member website. C9
41
These steps along with Robert Half s broad coverage help to ensure candidate availability to H-GAC program members, f°
providing the level of service that members require and have come to expect. L
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
Attachment A
Robert Half International,Inc. --
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Temporary Staffing,Direct-Hire and Other Employer Services =
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Contract No. TS06-21
_
FORM D1 -PRICING PAGE#1
Cost of services,Mark-up (MU)percentage pricing: _
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When using the DOL website guidelines,as the Base pricing rate for Temporary Hire: �
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1.) What is the percentage of Mark-Up added to the Base rate for an
65%
Administrative position?
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2.) What is the percentage of Mark-Up added to the Base rate for an
Light Industrial position? NA E
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3.) What is the percentage of Mark-Up added to the Base rate for an
Heavy Industrial position? NA
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4.) What is the percentage of Mark-Up added to the Base rate for an IT Q
70%
position? >
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Varies from 641 - a
5.) What is the minumum conversion time in(hours) for a temporary °
employee to be hired without incurring a conversion or buyout fee? 1561 depending on v
position —
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6.) Are there any liquidation fees if the above conversion hours are not t0
met? yes/no > > Yes
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7.) If there are liquidation fees or charges for the above transaction,what °
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fee: > > > See below chart >
hours: > > > See below chart
percentage> > See below chart c
OfficeTeam Only M
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x
Length of Assignment Fee c
0-160 hours 25%of annual starting salary M
Explain here:
161-320 hours 20%of annual starting salary
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321 -480 hours 15%of annual starting salary
481 -640 hours 10%of annual starting salary x
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641+ hours No Fee �a
x
Robert Half Technology, Accountemps,The Creative Group, Robert Half c
8.) Direct-Hire annual salary percentage of Mark-up. 25% m
** The annual salary must be equal to or less than X
hourly rate provided in the job descriptions listed on w
Form D-Page#2,using the multiplier of 2080
hours. E
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9.) Direct-Hire guarantee period in hours. 520 Q
Packet Pg. 80
DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
10.) Payrolling percentage of Mark-Up. NA
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
Attachment A
Robert Half International,Inc.
Temporary Staffing, Direct-Hire and Other Employer Services
Contract No. TS06-21
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FORM D2-PRICING PAGE#2.1 `m
Code Occupation Description Pricing Range Mark-Up % Total Total
Please Use a
x
Whole Number
Low High as the%(MU). Low High o
Example 25%= W
1.25 E
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Accounting:
A01 Accountant I $20.30 $31.90 1.70 $34.51 $54.23 0
A02 Accountant Il $30.00 $49.00 1.70 $51.00 $83.30 c0
A03 Financial Analyst 1 $21.00 $32.50 1.70 $35.70 $55.25
A04 Financial Analyst II $33.00 $52.80 1.86 $61.38 $98.21
A05 Payroll Clerk $17.00 $25.00 1.70 $28.90 $42.50
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A06 Cost Accounting Specialist $22.00 $44.00 1.70 $37.40 $74.80 I
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A07 CPA $25.00 $50.00 1.70 $42.50 $85.00
A08 Financial/Business Analyst $22.00 $49.50 1.86 $40.92 $92.07
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A09 Controller $35.20 $60.001 1.86 $65.47 $111.60 �
A10 Auditor $19.80 $30.801 1.70 $33.66 $52.36 Q
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All Auditor lI $29.00 $48.001 1.70 $49.30 $81.60
Administrative Support and Clerical:
BO1 Accounting Clerk 1 $12.00 $18.00 1.70 $20.40 $30.60 0
B02 Accounting Clerk II $18.00 $21.00 1.70 $30.60 $35.70 v
B03 Accounting Clerk IIl $21.00 $24.00 1.70 $35.70 $40.80
B04 Administrative Assistant $13.00 $19.00 1.65 $21.45 $31.35 0
B05 Call Center Representative $15.00 $26.00 1.65 $24.75 $42.90
B06 Copy Machine Operator $12.00 $15.00 1.65 $19.80 $24.75 L
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B08 Customer Service Representative I $15.00 $18.00 1.65 $24.75 $29.70 0
B09 Customer Service Representative lI $18.00 $22.00 1.65 $29.70 $36.30
B10 Customer Service Representative III $22.00 $27.00 1.65 $36.30 $44.55
Bl l Data Entry Operator I $12.00 $16.00 1.65 $19.80 $26.40
B12 Data Entry Operator lI $16.00 $20.00 1.65 $26.40 $33.00 0
B13 Document Preparation Clerk $12.00 $18.00 1.65 $19.80 $29.70 c
B 14 Executive Assistant $19.00 $29.00 1.65 $31.35 $47.85 x
B 15 General Clerk I $12.00 $15.00 1.65 $19.80 $24.75
CD
B16 General Clerk II $15.00 $20.00 1.65 $24.75 $33.00 M
B17 General Clerk III $20.00 $24.00 1.65 $33.00 $39.60 v
B 18 Legal Secretary I $18.00 $24.00 1.70 $30.60 $40.80
B19 Legal Secretary 11 $24.00 $31.00 1.70 $40.80 $52.70 x
B20 Mail Room Clerk $12.00 $15.00 1.65 $19.80 $24.75 f°
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B22 Personnel Assistant(Employment)I $12.00 $15.00 1.65 $19.80 $24.75
B23 Personnel Assistant(Employment) 11 $15.00 $18.00 1.65 $24.75 $29.70 c
B24 Personnel Assistant(Employment)III $18.00 $22.00 1.65 $29.70 $36.30
B25 Production Control Clerk $15.00 $25.00 1.65 $24.75 $41.25 m
B26 Secretary $12.00 $15.00 1.65 $19.80 $24.75
B27 Secretary 11 $15.00 $18.00 1.65 $24.75 $29.70 W
B28 Secretary III $18.00 $25.00 1.65 $29.70 $41.25
B30 Receptionist/Switchboard Operator $12.00 $18.00 1.65 $19.80 $29.70 E
B31 Records Management Clerk $15.00 $25.00 1.65 $24.75 $41.25 U
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B35 Word Processor 1 $12.00 $15.001 1.65 $19.80 $24.75 a
B36 Word Processor II $15.00 $18.001 1.65 $24.75 $29.70
B37 Word Processor III $18.00 S22.001 1.65 $29.70 $36.30
Packet Pg. 82
DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
8.D.b
General Services and Materials Handling Support :
D13 Shipping/Receiving Clerk 1 $12.001 $18.001 1.65 1 $19.801 $29.70
Health:
E04 Claims Processor $15.00 $24.50 1.65 $24.75 $40.43
E05 Claims Processor(Senior) $19.00 $30.00 1.65 $31.35 $49.50
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Ell Eligibility/Insurance Verifier $13.00 $22.00 1.65 $21.45 $36.30 c
E12 Eligibility Referral Coordinator $13.00 $22.00 1.65 $21.45 $36.30
E 14 Insurance Coordinator 1 $15.001 $24.501 1.65 1 $24.75 $40.43 =
E20 Medical Record Clerk 1 $13.001 $19.001 1.65 1 $21.45 $31.35
Information Technology: 0
FO1 Application Developer $40.00 $75.00 1.70 $68.00 $127.50 E
F02 Application Support Analyst $30.00 $60.00 1.70 $51.00 $102.00 ,L-
F03 Applications Engineer $40.00 $75.00 1.70 $68.00 $127.50
F04 Computer Operator I $18.00 $27.00 1.70 $30.60 $45.90
F05 Computer Operator 11 $25.00 $34.00 1.70 $42.50 $57.80
F06 Computer Operator lIl $32.00 $39.00 1.70 $54.40 $66.30
F07 Computer Operator IV $40.00 $49.00 1.70 $68.00 $83.30
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F08 Computer Operator V $48.00 $60.00 1.70 $81.60 $102.00 �
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F09 Computer Programmer I $33.00 $49.50 1.70 $56.10 $84.15
Flo Computer Programmer II $50.00 $60.50 1.70 $85.00 $102.85
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Fl l Computer Programmer 111 $61.00 $77.00 1.70 $103.70 $130.90
F12 Computer Programmer IV $78.00 $93.50 1.70 $132.60 $158.95 a'
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F13 Computer Systems Analyst I $30.00 $40.00 1.70 $51.00 $68.00
F14 Computer Systems Analyst II $40.00 $50.00 1.70 $68.00 $85.00
F15 Computer Systems Analyst Ill $50.00 $77.00 1.70 $85.00 $130.90
F16 Customer Support Administrator $17.00 $35.00 1.70 $28.90 $59.50 0
F17 Customer Support Specialist $15.00 $20.00 1.70 $25.50 $34.00 -
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F18 Database Administrator $38.50 $70.00 1.70 $65.45 $119.00
F19 Data Center Support Specialist $35.00 $70.00 1.70 $59.50 $119.00 Lj
F20 Desktop Support Manager $35.00 $55.00 1.70 $59.50 $93.50
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F21 Desktop Support Specialist $18.00 $26.00 1.70 $30.60 $44.20 Q
F22 Developer $35.00 $70.00 1.70 $59.50 $119.00
F23 Director of Technology $40.00 $95.00 1.70 $68.00 $161.50
F24 Front End Web Designer $45.00 $55.00 1.77 $79.65 $97.35
F25 GIS (Geographic Info. Systems) Tech. I $33.00 $55.00 1.70 $56.10 $93.50
F26 GIS (Geographic Info. Systems) Tech. II $44.00 $66.00 1.70 $74.80 $112.20
F27 Help Desk Specialist $15.00 $20.00 1.70 $25.50 $34.00 0
F28 Help Desk Technician $15.00 $25.00 1.70 $25.50 $42.50
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F29 Information Systems Project Manager $35.00 $60.00 1.70 $59.50 $102.00 CD
F30 Information Technology Coordinator $20.00 $35.00 1.70 $34.00 $59.50
F31 Information Technology Director $40.00 $95.00 1.70 $68.00 $161.50 v
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F32 Information Technology Manager $33.00 $68.00 1.70 $56.10 $115.60
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F33 IT Support Manager $33.00 $50.00 1.70 $56.10 $85.00
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F34 IT Support Specialist $18.00 $30.00 1.70 $30.60 $51.00 ?
F35 IT Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00
F36 Java Developer $40.00 $75.00 1.70 $68.00 $127.50 0
F37 Management Information Systems Director $40.00 $80.00 1.70 $68.00 $136.00
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F38 Network/Communications Support Clerk $22.00 $38.50 1.70 $37.40 $65.45 m
F39 Network Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00 x
F40 Peripheral Equipment Operator $18.00 $30.00 1.70 $30.60 $51.00 w
F41 Senior Database Administrator $30.00 $65.00 1.70 $51.00 $110.50 E
F42 Senior Network System Administrator $45.00 $90.00 1.70 $76.50 $153.00
F43 Senior Programmer $40.00 $75.00 1.70 $68.00 $127.50
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F44 Senior Programmer Analyst $25.00 $40.00 1.70 $42.50 $68.00 Q
F45 Senior Security Specialist $40.001 $90.00 1.70 $68.00 $153.00
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DocuSign Envelope ID: 11 D932BD-E01 E-4AEF-A04C-09875ABADA2A
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F46 Senior Support Specialist $28.00 $40.00 1.70 $47.60 $68.00
F47 Senior System Administrator $40.00 $75.00 1.70 $68.00 $127.50
F48 Senior System Analyst $30.00 $65.00 1.70 $51.00 $110.50
F49 Senior Web Administrator $35.00 $55.00 1.70 $59.50 $93.50
F50 Senior Web Developer $40.00 $70.00 1.70 $68.00 $119.00
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F51 Software Developer $45.00 $75.00 1.70 $76.50 $127.50 c
F52 Software Quality Assurance Analyst $35.00 $55.00 1.70 $59.50 $93.50 '-
F53 Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 x
F54 Systems Administrator $30.00 $45.00 1.70 $51.00 $76.50
F55 Systems Analyst $20.00 $35.00 1.70 $34.00 $59.50 0
F56 Systems Designer $30.00 $55.00 1.70 $51.00 $93.50 E
F57 System Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 ,0
F58 Technical Operations Officer $40.001 $80.00 1.70 $68.00 $136.00
F59 Technical Support Specialist $18.00 $28.00 1.70 $30.60 $47.60
F60 Technical Specialist $20.00 $32.00 1.70 $34.00 $54.40 Cn
F61 Telecommunications Specialist $18.00 $32.00 1.70 $30.60 $54.40
F62 Web Administrator $32.00 $45.00 1.70 $54.40 $76.50
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F63 Web Developer 1 $35.001 $55.00 1.70 $59.501 $93.50 �
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F64 I Web Master 1 $35.001 $55.00 1.70 $59.501 $93.50
Procurement:
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G04 Purchasing Manager 1 $33.001 $77.001 1.86 1 $61.381 $143.22 i
Professional:
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HOl Attorney $30.00 $50.00 1.78 $53.40 $89.00
H04 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90
H05 Contract Specialist $25.00 $30.00 1.70 $42.50 $51.00
H08 Compliance Manager $32.00 $44.00 1.70 $54.40 $74.80 L00)
H09 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 -
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H10 Contract Manager $30.00 $40.00 1.70 $51.00 $68.00
H11 Executive Consultant $45.00 $80.00 1.86 $83.70 $148.80 0
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H14 Grant Administrator $22.00 $35.00 1.70 $37.40 $59.50
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H16 Human Resources Coordinatior $18.00 $27.00 1.70 $30.60 $45.90 Q
H17 Human Resources Manager $27.50 $49.50 1.86 $51.15 $92.07
H18 Human Resources Specialist $22.00 $38.00 1.70 $37.40 $64.60
H27 Marketing Specialist $20.00 $24.00 1.77 $35.40 $42.48
H28 Paralegal/Legal Assistant I $16.00 $20.00 1.70 $27.20 $34.00
H29 Paralegal/Legal Assistant 11 $20.00 $24.00 1.70 $34.00 $40.80
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H30 Paralegal/Legal Assistant 111 $28.00 $34.00 1.70 $47.60 $57.80 0
H31 Paralegal/Legal Assistant IV $36.00 $49.00 1.70 $61.20 $83.30
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H33 Presentation Designer $28.00 $35.00 1.77 $49.56 $61.95 CD
H34 Principle Consultant $38.00 $70.00 1.86 $70.68 $130.20
H35 Proofreader $28.00 $32.00 1.77 $49.56 $56.64 U
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H40 Senior Writer $25.00 $40.00 1.77 $44.25 $70.80
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H41 Social Media Manager $28.001 $35.00 1.77 $49.56 $61.95
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H43 Website Designer 1 $30.001 $38.001 1.77 $53.101 $67.26 ?
Miscellaneous:
J02 IDesk Clerk 1 $12.001 $16.001 1.65 1 $19.801 $26.40 0
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DocuSign Envelope ID:96FAF381-80B0-449E-9DEB-627460D6FC96
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H—GACBUY COOPERATIVE PURCHASING
ROBERT HALF INTERNATIONAL,INC.
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AMENDMENT ONE—PARENT ID #6943
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This document serves as amendment one(1)to contract#6943 between H-GAC and Robert Half International,Inc.This
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amendment clarifies the following language in the General and Special Provisions:
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(a)Article 4-Independent Contractor of the General Provisions is amended to replace the second to the last sentence of 'J
the Article with the following language:
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Employees of CONTRACTOR are subject to the exclusive control over the employment relationship and human resource supervision by CONTRACTOI 0
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(b)Article 3-Most Favored Customer Clause of the Special Provisions is amended to read as follows: Q
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If CONTRACTOR,at any time during this Contract,routinely enters into agreements with other governmental customers within the State of Texas, and N
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offers the same or substantially the same products/services offered to H-GAC on a basis that routinely provides pricing more favorable than those >
to
provided to H-GAC hereunder,CONTRACTOR shall notify H-GAC within ten(10)business days.This Contract between H-GAC and CONTRACTOR
C
shall be automatically amended,effective the date of notification. �O-,
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The Parties accept the following definition of routine:A prescribed,detailed course of action to be followed regularly;a standard procedure.The Parties =
accept the following definition of agreement:A contractual document that applies to more than one staffing assignment and contains defined pricing p
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rates." M
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If CONTRACTOR claims that a more favorable price,warranty,benefit,or term that was charged or offered to another governmental entity in the State E
of Texas during the term of this Agreement,does not constitute more favorable treatment,than CONTRACTOR shall,within ten(10)business days, C
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notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes the aforesaid offer is not in fact most favored treatment.H-GAC, W
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after due consideration of CONTRACTOR's written explanation,may decline to accept such explanation and thereupon this Agreement between H-GAC
and CONTRACTOR shall be automatically amended,effective retroactively,to the effective date of the most favored agreement,to provide the same
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prices,warranties,benefits,or terms to H-GAC and the END USER. O
2
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder,proposer or contractor,which are not within N
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bidder's/proposer's control[example;a manufacturer's bid concession],or to any prices offered to the Federal Government and its agencies. W
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(c)Attachment A,Form D1,section 7 is revised to read as follows:
OfficeTeam Only C
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Length of Assignment Fee Q
0-160 hours 25%of annual starting salary
161-320 hours 20%of annual starting salary G1
321-480 hours 15%of annual starting salary 3
481-640 hours 10%of annual starting salary d
641+hours No Fee K
NJ
Robert Half Technology,Accountemps,The Creative Group,Robert Half Legal N
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Length of Assignment Fee X
0-240 hours 25%of annual starting salary W
241-480 hours 20%of annual starting salary
481-720 hours 15%of annual starting salary C
721-960 hours 10%of annual starting salary O
961+hours No Fee E
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Robert Half Management Resources(Non-SPS)
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Length of Assignment Fee
0-1,560 hours Case-by-case
1,561+hours No Fee Packet Pg. 85
DocuSign Envelope ID:96FAF381-80BO-449E-9DEB-62746OD6FC96
8.D.c
All other General and Special Provision language agreed upon in contract#6943 remain,and no other changes to the contract documents other than
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those detailed above are made through execution of this amendment.These changes to the contract provisions are only applicable to this contract
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effort#6943. E
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II. REVIEW AND APPROVAL
This amendment requires the review and approval of the H-GAC Executive Director
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III. SIGNATURES ci
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for the Houston-Galveston Area Council for Robert Half International,Inc. Q
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DoocuuSjiggnned by: V DocuSigned/�ooby: Q
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Charles Wemple, Executive Director Mathieu Ulmschneider-VP Strategic Accounts c
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8/23/2021 8/17/2021
Date: Date: O
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DocuSign Envelope ID:Al21EA26-2777-479B-99C0-EACF8B24B95F
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HOUSTON—GALVESTON AREA COUNCIL c
SERVING TODAY PLANNING FOR TOMORROW w
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Area Council O
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August 19, 2022 N
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Ms. Melinda Alison E
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Vice President i
Robert Half International, Inc.
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2884 Sand Hill Road
Menlo Park, California 94025 2
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RE: Contract Changes on Contract TS06-21 for the Supply of Temporary Staffing, Direct Hire and 00
Other Employer Services
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Dear Ms. Alison: c
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The Houston-Galveston Area Council has reviewed your request for contract changes in the a
above referenced contract(see attachments). We have determined that the changes are reasonable and c
conform to the provisions of the contract. Therefore, the request is approved.
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Sincerely,
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ouc�u�S�i�g neDd by:
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Ro �nnie O. Barnes
Director of Public Services
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Enclosures 3:
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Street: 3555 Timmons Lane,Suite 120,Houston,TX 77027•Mail: P.O. Box 22777, Houston,Texas 77227-2777
Phone: (713)627-3200• Fax: (713)993-2414•Web: h-gac.com•Social:@HouGalvAreaCog Packet Pg. 87
DocuSign Envelope ID:Al21EA26-2777-479B-99C0-EACF8B24B95F
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Date: June 13, 2022 0
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To: Brian Denzel E
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From: Jim Glover
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RE: Contract Change Request
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Contract# TS06-21 0'
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Contractor: Robert Half International,Inc.
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Robert Half International, Inc., in correspondence dated June 7, 2022 has requested that their
contract be amended to reflect price updates effective July 8, 2022.
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Staff has reviewed the request and determined it to be in accordance with applicable contract '-
requirements. The new pricing is 3 to 4%higher and reflects current market pricing. Approval is
recommended. c
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Please advise if and when request is approved so that we may advise appropriate staff and
arrange for website update.
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Thank you.
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Attachments/ a
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Packet Pg. 88
DocuSign Envelope ID:A121EA26-2777-479B-99C0-EACF8B24B95F
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AccountsStrategic
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June 7,2022 0
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Attention:
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Brian Denzel
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Brian,good afternoon.
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We really enjoyed getting togetherfor lunch last month. Greatto see you, the team,and catch up. U)
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In follow up to our rate increase discussion at lunch, we wanted to discuss a pricing increase for a few
areas of our business. E
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The 3 areas we would propose an increase include:
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• For our contract accounting practice group—we are proposing an increase to a 75%mark up
o This would apply to the following Codes:A01-A03; A05-A07; A10-A11; 601-1303—
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highlighted Won rate card 0-
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• For our contract administrative support and clerical practice group—we are proposing an 0
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increaseto a 71% markup —
o This would apply to the following Codes: 1304-1306; 1308-1317; B20; 622-1328;1330-1331;
B35-B37;D13; E04-E05; Ell-E12; E14;E20;J02—highlighted BLUE on rate card Lj
• For our contract information technology practice group—we are proposing an increase to a 75%
mark up Q
o This would apply to the following Codes: F01-F23; F25-F66 —highlighted GREEN on rate o
card y
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** see PDF attachment of 6.7.2022 Proposed Rate Card Changes
This proposal is based on many factors: o
• Over the past 12 months,average hourly earnings have increased by 5.2 percent.
• Reservation Wage—the minimum a candidate will take for a job offer—has increased 25% in the =
past year. c
• In a survey of 376 C-suite executives—done by Robert Half—62%are increasing salaries for M
current staff to help close wage gaps.
• Demand in technology, administrative,and accounting/finance remainvery high —supply
continues to be an issue—thus increasing the competition to source and retain candidates— E
paying competitively is necessary.
o Technology- Q1 2022 unemployment rate for top 8 IT roles RH places was—on average
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1.96%;compared to the national rate of 3.6%.
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2021
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o Robert Employer Packet Pg. 89
DocuSign Envelope ID:A121EA26-2777-479B-99C0-EACF8B24B95F
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AccountsStrategic
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Tech employers continue to up the ante to attract top talent o
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78% D
64% 54% y
plan to increase the number of are adding new permanent positions. are increasing starting salaries to are offering remote optio
contract employees in their attract and hire skilled candidates. considering candidates out: �_ •ir
department. office's usual geograp
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o Accounting-Addressing digital transformation and skills gaps continues driving hiring in 1
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this sector. Employers are finding they must increase salaries toattract and retain skilled
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professionals.Q1 2022 unemployment rate for top 6 finance roles RH places was—on aEi
average is 1.76%;compared to the national rate of 3.6%.
o Administrative and customer support -Q1 2022 unemployment rate for top 7 roles RH Q
places was—on average 2.84%;compared to the national rate of 3.6%. >
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Thank you for your partnership! a
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Melinda Alison '
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Vice President v
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Strategic Accounts Q
737.346.6414 office 314.480.2080 mobile C
Connectwith us: Linkedln Facebook Twitter Instagram YouTube y
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@2021 Robert Opportunity Employer Packet Pg. 90
DocuSign Envelope ID:Al21EA26-2777-479B-99C0-EACF8B24B95F
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FORM D2-PRICING PAGE#2.1 Procurement No.: TSO6-21
Title: Temporary Staffing,Direct-Hire and Other Employer Services '
Offeror:Robert Half international Inc. 6.7.2022 Proposed Pricing
Code Occupation Description Pricing Range Mark-Up% Total Total Mark-Up% Total Total 0
Please Use a Please Use a E
Whole Number as Whole Number 0
Low High the%(MU). Low High as the%(MU). Low High w
Example 25%= Example 25%= fn
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1.25 1.25 V
Accounting: d
A01 Accountant I $20.301 $31.90 1.70 $34.51 $54.23 1.75 $35.53 $55.83 CO)
A02 Accountant II $30.00 $49.00 1.70 $51.00 $83.30 1.75 $52.50 $85.75 0)
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A03 Financial Analyst I $21.00 $32.50 1.70 $35.70 $55.25 1.75 $36.75 $56.88
A04 Financial Analyst II $33.00 $52.80 1.86 $61.38 $98.21 ram+
A05 Payroll Clerk $17.00 $25.00 1.70 $28.90 $42.50 1.75 $29.75 $43.75
A06 Cost Accounting Specialist $22.00 $44.00 1.70 $37.40 $74.80 1.75 $38.50 $77.00
A07 CPA $25.00 $50.00 1.70 $42.501 $85.00 1.75 $43.751 $87.50
A08 Financial/Business Analyst $22.00 $49.50 1.86 $40.92 $92.07
A09 Controller $35.20 $60.00 1.86 $65.47 $111.60 d
A10 Auditor I Er $19.80 $30.80 1.70 $33.66 $52.36 1.75 $34.65 $53.90 i
Al 1 Auditor II FE $29.00 $48.00 1.70 $49.30 $81.60 1.75 $50.75 $84.00
Al2 Finance Director $55.00 $95.00 1.86 $102.30 $176.70
Ala I Chief Financial Officer $80.00 $150.001 1.86 $148.80 $279.00
Administrative Support and Clerical:
BOl Accounting Clerk $12.00 $18.00 1.70 $20.40 $30.60 1.75 $21.00 $31.50
B02 Accounting Clerk II $18.00 $21.00 1.70 $30.60 $35.70 1.75 $31.50 $36.75 Q-
B03 Accounting Clerk III $21.00 $24.00 1.70 $35.70 $40.80 1.75 $36.75 $42.00 Q
B04 Administrative Assistant $13.00 $19.00 1.65 $21.45 $31.35 1.71 $22.23 $32. V
B05 Call Center Representative $15.00 $26.00 1.65 $24.75 $42.90 1.71 $25.65 $44.4 V
B06 Copy Machine Operator $12.00 $15.00 1.65 $19.80 $24.75 1.71 $20.52 $25.65
B07 Court Reporter p
B08 Customer Service Representative 1 $15.00 $18.00 1.65 $24.75 $29.70 1.71 $25.65 $30.78 V
B09 Customer Service Representative II $18.00 $22.00 1.65 $29.70 $36.30 1.71 $30.78 $37.62
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B1 O Customer Service Representative III $22.00 $27.00 1.65 $36.30 $44.55 1.71 $37.62 $46.17 L
B11 Data Entry Operator $12.00 $16.00 1.65 $19.80 $26.40 1.71 $20.52 $27.36 Q
B12 Data Entry Operator II $16.00 $20.001 1.65 $26.40 $33.001 1.71 $27.36 $34.20 p
B13 Document Preparation Clerk $12.00 $18.00 1.65 $19.80 $29.70 1.71 $20.521 $30.78 f�A
B14 Executive Assistant $19.00 $29.00 1.65 $31.35 $47.85 1.71 $32.49 $49.59
B15 General Clerk $12.00 $15.00 1.65 $19.80 $24.75 1.71 $20.52 $25.65 f�
B16 General Cler 15.00 $20.00 1.65 $24.75 33.00 1.71 $25.65 $34.20 0
B17 General Cie .00 $24.00 1.65 $33.00 .60 1.71 $34.20 $41.04
B18 Legal Secretary I $18.00 $24.00 1.70 $30.601 $40.80 N
B19 Legal Secretary II $24.00 $31.00 1.70 $40.80 $52.70
B20 Mail Room Clerk $12.00 $t5.00 1.65 $19.80 $24.75 $20.52 $25.65 G
B21 Messenger Courier
B22 Personnel Assistant(Employment)I $12.00 $15.00 1.65 $19.80 $24.75 1.71 $20.52 $25.65 Q
B23 Personnel Assistant(Employment)II $15.00 $18.00 1.65 $24.75 $29.70 1.71 $25.65 $30.78
B24 Personnel Assistant(Employment)III $18.001 $22.00 1.65 $29.70 $36.30 1.71 $30.78 $37.62
B25 Production Control Clerk $15.00 $25.00 1.65 $24.75 $41.251 1.71 $25.65 $42.75 ++
B26 Secretary $12.00 $15.00 1.65 $19.80 $24.75 1.71 $20.52 $25.65
B27 Secretary II $15.00 $18.00 1.65 $24.75 $29.70 1.71 $25.65 $30.78 E
B28 Secretary III $18.00 $25.00 1.65 $29.70 $41.25 1.71 $30.781 $42.75
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B29 Supply Technician 4)
B30 Receptionist/Switchboard Operator $12.00 $18.00 1.65 $19.80 $29.70 1.71 $20.52 $30.78 Q
B31 Records Management Clerk $15.00 $25.00 1.65 $24.75 $41.25 1.71 $25.65 $42.75
B32 Travel Clerk I Z
B33 Travel Clerk II
B34 ITravel Clerk III Q
B35 I Word Processor I $12.00 $15.00 1.65 $19.80 $24.75 1.71 $20.52 $25.65 (�
B36 Word Processor II $15.00 $18.00 1.65 $24.75 $29.70 1.71 $25.65 $30.78 =
$1 .00 1.65 $29.70 $36.30 1.71 $30.78 $37.62 M
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Education:
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CO1 TeacherI X
CO2 Teacher II LU
CO3 Teacher III ++
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C04 At Risk Counselor I d
General Services and Materials Handling Support
DOl IForklift Operator IV
D02 Gardener
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D03 General Maintenance Worker Q
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D04 Janitor
D05 Laborer '
D06 Librarian N
D07 Library Aide/Clerk 0
1308 Library Technician
D09 Material Coordinator E
D10 Material Handling Laborer w
DI 1 Order Filler N
D12 Shipping Packer N
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D13 Shipping/Receiving Clerk $12.00 $18.00 1.65 $19.80 $29.70
D14 Stock Clerk d
D15 Park Naturalist
D16 Recreation Specialist
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1317 Warehouse Specialist
Health: O
E01 Breath Alcohol Technician
E02 Certified Occupational Therapist Assistant
E03 Certified Physical Therapist Assistant
04 Claims Processor $15.00 $24.50 1.65 $24.75 $40.43 1.71 $25.65 $41.90 d
Claims P (Senior) $19.00 $30.00 1.65 $31.35 $49.50 1.71 $32.49 $51.30 d
E06 Dental Assistant i
E07 Dental Hygienist
E08 Dietary Aide Q
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E09 EKG Technician
E10 Electroneurodiagnostic Technologist
Ell Eligibility/Insurance Verifier $13.00 $22.00 1.65 $21.45 $36.30 1.71 $22.23 $37.62
E12 Eligibility Referral Coordinator $13.00 $22.00 1.65 $21.45 $36.30 1.71 $22.23 $37.62 Q-
E13 Emergency Medical Technician p
E14 Insurance Coordinator $15.00 $24.50 1.65 $24.75 $40.43 1.71 $25.65 $41.90 V
E15 Licensed Practical Nurse I V
E16 Licensed Practical Nurse 11 C
E17 Licensed Practical Nurse III 0
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E18 Medical Assistant V
E19 Medical Laboratory Technician d
E20 Medical Record Clerk $13.00 $19.00 1.65 $21.45 $31.35 1.71 $22.23 $32.49 L
E21 Medical Record Technician Q
E22 Medical Transcriptionist p
E23 Nuclear Medicine Technologist
E24 Nursing Assistant I d
E25 Nursing Assistant II
E26 Nursing Assistant III 0
E27 Nursing Assistant IV G
E28 Optical Dispenser N
E29 Optical Technician O
E30 Pharmacy Technician O
E31 Phlebotomist 2
E32 Radiologic Technologist O
E33 Registered Nurse I
E34 Registered Nurse II
E35 Registered Nurse III +.
E36 Registered Nurse IV
E37 Scheduler(Drug and Alcohol Testing) E
E38 Substance Abuse Treatment Counselor 'D
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Information Technology: 4)
FOl Application Developer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.001 $131.25 Q
F02 Application Support Analyst $30.00 $60.00 1.70 $51.00 $102.00 1.75 $52.50 $105.00
F03 Applications Engineer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00 $131.25 =
F04 Computer Operator I $18.00 $27.00 1.70 $30.60 $45.90 1.75 $31.50 $47.25 w
F05 Computer Operator II $25.00 $34.00 1.70 $42.50 $57.80 1.75 $43.75 $59.50 Q
F06 Computer Operator III $32.00 $39.00 1.70 $54.40 $66.30 1.75 $56.00 $68.25 (�
F07 Computer Operator IV $40.00 $49.00 1.70 $68.00 $83.30 1.75 $70.00 $85.75 =
F08 Computer Operator V $48.00 $60.00 1.70 $81.60 $102.00 1.75 $84.001 $105.00 M
F09 Computer Programmer I $33.00 $49.50 1.70 $56.10 $84.15 1.75 $57.75 $86.63 m
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F10 Computer Programmer II $50.00 $60.50 1.70 $85.00 $102.85 1.75 $87.50 $105.88 x
Fll Computer ProgrammerIlI $61.00 $77.00 1.70 $103.70 $130.90 1.75 $106.75 $134.75 LV
F12 Computer Programmer IV $78.00 $93.50 1.70 $132.60 $158.95 1.75 $136.50 $163.63
F13 Computer Systems Analyst I $30.00 $40.00 1.70 $51.001 $68.00 1.75 $52.50 $70.00 y
F14 Computer Systems Analyst II $40.00 $50.00 1.70 $68.00 $85.00 1.75 $70.00 $87.50
F15 Computer Systems Analyst III $50.00 $77.00 1.70 $85.00 $130.90 1.75 $87.50 $134.75 V
F16 Customer Support Administrator $17.00 $35.00 1.70 $28.90 $59.50 1.75 $29.75 $61.25
F17 Customer Support Specialist $15.00 $20.00 1.70 $25.50 $34.00 1.75 1 826.25 $35.00 Q
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F18 Database Administrator $38.50 $70.00 1.70 $65.45 $119.00 1.75 $67.38 $122.50
F19 Data Center Support Specialist $35.00 $70.00 1.70 $59.50 $119.00 1.75 $61.25 $122.50 '
F20 Desktop Support Manager $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25 $96.25 (D
F21 Desktop Support Specialist $18.00 $26.00 1.70 $30.60 $44.20 1.75 $31.50 $45.50 0
F22 Developer $35.00 $70.00 1.70 $59.50 $119.00 1.75 $61.25 $122.50
F23 Director of Technology $40.00 $95.00 1.70 $68.00 $161.50 1.75 $70.00 $166.25 C
F24 Front End Web Designer $45.00 $55.00 1.77 $79.651 $97.35 w
F25 GIS(Geographic Info.Systems)Tech.I $33.00 $55.00 1.70 $56.10 $93.50 1.75 $57.75 $96.25 N
F26 GIS(Geographic Info.Systems)Tech.II $44.00 $66.00 1.70 $74.80 $112.20 1.75 $77.00 $115.50 N
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F27 Help Desk Specialist $15.00 $20.00 1.70 $25.50 $34.00 1.75 $26.25 $35.00
F28 Help Desk Technician $15.00 $25.00 1.70 $25.50 $42.50 1.75 $26.25 $43.75 d
F29 Information Systems Project Manager $35.00 $60.00 1.70 $59.50 $102.00 1.75 $61.25 $105.00
F30 Information Technology Coordinator $20.00 $35.00 1.70 $34.00 $59.50 1.75 $35.00 $61.25
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F31 Information Technology Director $40.00 $95.00 1.70 $68.001 $161.50 1.75 $70.00 $166.25
F32 Information Technology Manager $33.00 $68.00 1.70 $56.10 $115.60 1.75 $57.75 $119.00 rO+
F33 IT Support Manager $33.00 $50.00 1.70 $56.10 $85.00 1.75 $57.75 $87.50 CO)
F34 IT Support Specialist $18.00 $30.00 1.70 $30.60 $51.00 1.75 $31.50 $52.50 1
F35 IT Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00 1.75 $61.25 $87.50
F36 Java Developer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.001 $131.25 O
F37 Management Information Systems Director $40.00 $80.00 1.70 $68.00 $136.00 1.75 $70.001 $140.00 d
F38 Network/Communications Support Clerk $22.00 $38.50 1.70 $37.401 $65.45 1.75 $38.501 $67.38 i
F39 Network Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00 1.75 $61.25 $87.50 O]
F40 Peripheral Equipment Operator $18.00 $30.00 1.70 $30.60 $51.00 1.75 $31.50 $52.50 Q
F41 Senior Database Administrator $30.00 $65.00 1.70 $51.00 $110.50 1.75 $52.50 $113.75
F42 Senior Network System Administrator $45.00 $90.00 1.70 $76.50 $153.00 1.75 $78.75 $157.50
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F43 Senior Programmer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00 $131.25
F44 Senior Programmer Analyst $25.00 $40.00 1.70 $42.50 $68.00 1.75 $43.75 $70.00 O-
F45 Senior Security Specialist $40.00 $90.00 1.70 $68.00 $153.00 1.75 $70.00 $157.50 Op
F46 Senior Support Specialist $28.00 $40.00 1.70 $47.601 $68.00 1.75 $49.001 $70.00 V
F47 Senior System Administrator $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00 $131.25 V
F48 Senior System Analyst $30.00 $65.00 1.70 $51.00 $110.50 1.75 $52.50 $113.75 C
F49 Senior Web Administrator $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25 $96.25 0
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F50 Senior Web Developer $40.00 $70.00 1.70 $68.00 $119.00 1.75 $70.00 $122.50 V
F51 Software Developer $45.00 $75.00 1.70 $76.50 $127.50 1.75 $78.75 $131.25
F52 Software Quality Assurance Analyst $35.00 $55.00 1.70 $59.50 $93.501 1.75 $61.25 $96.25 L
F53 Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 1.75 $31.501 $49.00 Q
F54 Systems Administrator $30.00 $45.00 1.70 $51.00 $76.50 1.75 $52.501 $78.75 C
F55 Systems Analyst $20.00 $35.00 1.70 $34.00 $59.50 1.75 $35.00 $61.25 N
F56 Systems Designer $30.00 $55.00 1.70 $51.00 $93.50 1.75 $52.50 $96.25 d
F57 System Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 1.75 $31.50 $49.00
F58 Technical Operations Officer $40.00 $80.00 1.70 $68.00 $136.00 1.75 $70.00 $140.00 0
F59 Technical Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 1.75 $31.50 $49.00 G
F60 Technical Specialist $20.00 $32.00 1.70 $34.00 $54.40 1.75 $35.00 $56.00 N
F61 Telecommunications Specialist $18.00 $32.00 1.70 $30.60 $54.40 1.75 $31.501 $56.00 O
F62 Web Administrator $32.00 $45.00 1.70 $54.40 $76.50 1.75 $56.00 $78.75 O
F63 Web Developer $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25 $96.25
F64 Web Master $35.00 $55.00 1.70 1 $59.501 $93.50 1.75 $61.25 $96.25 O
F66 ERP Consultant $82.35 $120.00 1.70 $140.00 $204.00 1.75 $144.11 $210.00 0
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GO1 Buyer ++
G02 Buyer II d
G03 Buyer III E
G04 Purchasing Manager $33.00 $77.00 1.86 $61.38 $143.22 'a
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Professional: N
HO1 Attorney $30.00 $50.00 1.78 $53.40 $89.00 Q
H02 Business Development Manager
H03 Business Development Sales Rep. _
H04 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 V
H05 Contract Specialist $25.00 $30.00 1.70 $42.50 $51.00 Q
H06 Community Relations Representative II (�
H07 Community Relations Representative III =
H08 Compliance Manager $32.00 $44.00 1.70 $54.40 $74.80 M
H09 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 =
H1O Contract Manager $30.00 $40.00 1.70 $51.00 $68.00 X
Hll Executive Consultant $45.00 $80.00 1.86 $83.70 $148.80 LV
H12 Facility Manager
H13 Fire/HAZMAT Specialist y
H14 Grant Administrator $22.00 $35.001 1.70 1 $37.401 $59.50
H15 Housing Specialist I I I I V
H16 Human Resources Coordinatior $18.00 $27.001 1.70 1 $30.601 $45.90 t4
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H17 Human Resources Manager $27.50 $49.501 1.86 1 $51.151 $92.07 Q
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H18 Human Resources Specialist $22.00 $38.00 1.70 $37.40 $64.60
H19 Inspection Manager
H2O Inspection Specialists (D
H21 Insurance Specialist 1 0
H22 Insurance Specialist II
H23 Insurance Specialist III E
H24 Law Enforcement Specialist w
H25 Logistics Specialists to
H26 Logistics Manager V
H27 Marketing Specialist $20.00 $24.00 1.77 $35.40 $42.48
H28 Paralegal/Legal Assistant I $16.00 $20.00 1.70 $27.20 $34.00 y
H29 Paralegal/Legal Assistant II $20.00 $24.00 1.70 $34.00 $40.80 N
H30 Paralegal/Legal Assistant III $28.00 $34.00 1.70 $47.60 $57.80 �
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H31 Paralegal/Legal Assistant IV $36.00 $49.00 1.70 $61.20 $83.30
H32 Park Ranger r0+
H33 Presentation Designer $28.00 $35.00 1.77 $49.56 $61.95
H34 Principle Consultant $38.00 $70.00 1.86 $70.681 $130.20 1 1
H35 Proofreader $28.00 $32.00 1.77 $49.56 $56.64 rr
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H36 Public Assistance Specialist O
H37 Safety Manager d
H38 Security-unarmed i
H39 Security-armed
H40 Senior Writer $25.00 $40.00 1.77 $44.25 $70.80 Q
1-141 Social Media Manager $28.00 $35.00 1.77 $49.561 $61.95 >
H42 Transportation Manager
H43 Website Designer 1 $30.001 $38.001 1.77 1 $53.101 $67.26
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102 Environmental Coordinator I U
103 lGeologist
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J02 Desk Clerk $12.00 $16.00 1.65 $19.80 $26.40 1.71 $20.52 $27.36 V
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•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Changes to the Cultural Communities Board - Ordinance -
Adopt
MOTION: I move to adopt Ordinance No. 4470, which amends Chapter 2.56
of the Kent City Code to rename the Cultural Communities Board and
realign its missions and goals.
SUMMARY: The Cultural Communities Board has had various iterations, serving
the Mayor and City Council since the mid-1990s. Recently, members saw the need
to refocus the purpose and responsibilities of the Board to align with the
implementation of the City's first Race & Equity Strategic Plan.
To accomplish this goal, this ordinance amends the Kent City Code to realign the
purpose and responsibilities of the Board to reflect these ideals more closely. This
includes renaming the Cultural Communities Board to the Diversity, Equity,
Inclusion, and Belonging Board. The new Diversity, Equity, Inclusion, and Belonging
Board will play a significant role in the evaluation of the Race & Equity Strategic
Plan's implementation and future updates.
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. Ordinance 4470 - Cultural Communities Board Ordinance - KCC 2.56 (PDF)
06/20/23 Committee of the Whole MOTION PASSES
Packet Pg. 95
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RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 96
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ORDINANCE NO. 4470 0
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 2.56 of c
the Kent City Code, entitled "Cultural Communities N
Board", in order to realign the mission and goals of
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RECITALS
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A. The Cultural Communities Board has had various iterations, U
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serving the Mayor and City Council since the mid-1990s. Recently, members Y
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saw the need to refocus the purpose and responsibilities of the Board to
align with the implementation of the City's first Race & Equity Strategic Plan.
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B. To accomplish this goal, this ordinance amends the Kent City
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Code to realign the purpose and responsibilities of the Board to reflect these m
ideals more closely. This includes renaming the Cultural Communities Board a
to the Diversity, Equity, Inclusion, and Belonging Board. The new Diversity,
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Equity, Inclusion, and Belonging Board will play a significant role in the 0
evaluation of the Race & Equity Strategic Plan's implementation and future UI
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updates. '
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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8.E.a
ORDINANCE ,
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SECTION 1. - Amendment - KCC 2.56. Chapter 2.56 of the Kent 0
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City Code, entitled "Cultural Communities Board" is amended as follows: a
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CHAPTER 2.56 E
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DIVERSITY, EQUITY, INCLUSION, AND BELONGING
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BOARD
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Sec. 2.56.010. Establishment of board. There is hereby 0
established a Diversity, Equity, Inclusion, and Belonging Boardeultur-al a,
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beard, which shall serve in an advisory capacity to the Mayor
and Ceity Ceouncil of the Ceity of Kent, subject to the general provisions
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applicable to boards and commissions as provided for under Chapter 2.50
KCC, except as those provisions are modified by the following provisions
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specific to the Diversity, Equity, Inclusion, and Belonging Board eultur-al
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Sec. 2.56.020. Purpose. Th. "I}" al communitiesbeaFd will
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SeFVices by an! cultural communities within the city ef The Board will r
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provide recommendations to the Mayor and City Council on the E
development, implementation and evaluation of policies, plans, programs, 0
and budget proposals that seek to eliminate racial inequity in the CE
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community.
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Sec. 2.56.030. Responsibilities. The Bboard shall have the ,
following responsibilities: o
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A. Te advise en issues and seFve as a reseurce relating to the
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civic
elvengent.To advise on equity and inclusion issues and serve as a E
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resource relating to the social and civic participation of Kent's multicultural U
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communities.
B. Te advise en pelicies feF effective integFat.en ef neW Fesidentsv
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Deng Kent's nqultmeu' e �.To advise on policies, plans, and
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procedures related to effective inclusion and belonging of all residents from
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Kent's multicultural communities.
C. Te advise en strategies for culturally r..,— v
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provide the Mayor and City Council an annual plan implementation report
and progress rating for the City's Race and Equity Strategic Plan.
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D€. To serve as a liaison among community members, residents,
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businesses, and Ceity government on issues that affect the Ceity and its m
quality of life, including identifying needs, suggesting resources, and
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connecting cultural and ethnic communities to existing Ceity resources.
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E. To co-design future updates to the City's Race and Equity E
Strategic Plan.
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Sec. 2.56.040. Composition of the board. The B-board will consist
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of up to 18 members, two of whom will be youth representatives, to the
extent reasonably practicable. Membership shall be Kent residents who are
representative of the cultural and ethnic diversity of the Kent community.
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Sec. 2.56.050. Terms of appointment. All members appointed to
the Booard shall serve two-year terms. Members may only serve up to three o
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consecutive two-year terms, for a total consecutive period of service of six
years. A member who is ineligible to serve for having served six consecutive
years may again serve: E
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A. After two years have elapsed from the expiration of their last U
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term; or
B. After no other qualified applicant applied for the available U
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position and the Mffiayor requests the member continue serving on the c
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appointive commission.
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The board chair shall be appointed annually by the Bboard's members.
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Sec. 2.56.060. Staffing. Repealed by Ord. No. 4406.
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Sec. 2.56.070. Meetings. Repealed by Ord. No. 4406. Y
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Sec. 2.56.080. Attendance and vacancies. Repealed by No. Ord.
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4406.
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SECTION 2. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this ordinance E
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
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approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Effective Date. This ordinance shall take effect and be ,
in force thirty days from and after its passage as provided by law. o
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DANA RALPH, MAYOR Date Approved 0
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ATTEST:
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a,
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Date Published M
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APPROVED AS TO FORM: U?
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TAMMY WHITE, CITY ATTORNEY �
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8.F
KENT
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Safe Streets and Roads For All Action Plan Grant
Acceptance — Authorize
MOTION: I move to authorize the Mayor to sign all necessary documents to
execute an agreement with the Puget Sound Regional Council for the Safe
Streets and Roads For All Action Plan, in the amount of $472,000, amend
the budget and authorize expenditure of grant funds of up to $118,000 in
local matching effort, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The United States Department of Transportation (USDOT) issued a
notice of funding opportunity in 2022 for the new Safe Streets and Roads for All
(SS4A) discretionary program. The SS4A program funds grants to regional, local,
and Tribal initiatives intended to prevent roadway deaths and serious injuries. The
City partnered with 5 other jurisdictions to submit a grant application with Puget
Sound Regional Council (PSRC) as the lead agency. The proposal was accepted and
PSRC was designated by USDOT to serve as grant facilitator.
The 2022 Kent Local Road Safety Plan (LRSP) lays out an evidenced-based analysis
of crashes, with recommendations for spot improvements at top crash locations.
The SS4A Action Plan expands on the LRSP and will enable the City to qualify and
compete for additional federal funding. An SS4A-qualified Action Plan will include
engagement with public and private stakeholders, identifying and prioritizing safety
treatments and pedestrian facility needs, with education and outreach on Safe
Systems Approach that focuses on reducing serious and fatal crashes.
The project is estimated to cost $590,000, including a local match of 20%
($118,000) with plan work to begin in 2023. Staff proposes using the Street Fund
for required match.
BUDGET IMPACT: Local funded effort of up to $118,000 through Public Works
Department staff time as the match for Federal funds.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 102
8.F
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. PSRC Agreement KENT SS4A 05-30-23 DRAFT v2a (PDF)
06/20/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 103
DRAFT8•F.a
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Puget Sound Regional Council
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Subaward Agreement Between _
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Puget Sound Regional Council -
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City of Kent
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Safe Streets and Roads for All Action Plan
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Date Entered into Agreement: a
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Subaward Agreement #:
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Pass-through Entity (PTE): Puget Sound a�
Subrecipient: City of Kent
Regional Council
Subaward Period of Performance: Amount Funded: Subaward Agreement#:
Start: End: $472,000.00
Federal Awarding Agency: US Department of Q
Transportation FAIN: 693JJ32340054
Federal Award Issue Date: 05/19/2023 Total Amount of Matching Funds: $118,000.00 (�
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ALN No. and Name: 20.939, Safe Streets and Roads for All
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Project Title: Safe Streets and Roads for All Action Plan
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R& D Award ❑ Yes ® No Unique Identifier#GALJSHRB2EM6 Q
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This SUBAWARD (hereinafter the "Award"), is made and entered into this day of Month, Year by o
and between the Pass-through Entity, Puget Sound Regional Council, (hereinafter"PSRC") and u-
Subrecipient, City of Kent (hereinafter"KENT"), and supports the work described in the approved final
scope of work, which is incorporated by reference into this Award and attached in Exhibit A. All work on c
this project should be consistent with the Authorized Scope of Work unless modified by the appropriate
authority as described in 4.2 below.
PSRC is a Metropolitan Planning Organization under federal law(23 USC 134) and a Regional Planning
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Transportation Planning Organization under state law (RCW 47.80) and has all powers necessary for the
performance of the work and obligations of this Agreement, and has the authority to contract with member C�
and non-member agencies for special services; and
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KENT is a US Local Government under state law; and has all powers necessary for the performance of 1�
the work and obligations of this Agreement;
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The U.S. Department of Transportation (hereinafter the"USDOT"), has expressly consented to this N
Award; and >
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NOW, THEREFORE, in consideration of the covenants, assurances and mutual promises herein the
Parties agree as follows: o
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2.
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1 DESIGNATED REPRESENTATIVES O
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To ensure effective intergovernmental cooperation and efficiencies, the Parties each designate a Q
representative (the "Designated Representative")who shall be responsible for coordination of y
communications between the Parties and shall act as a central point of contact for each Party. The
Designated Representatives shall each be responsible for the administration and performance of the Z
Scope of Work of this Award, as well as ensuring that schedule, budget, and funding limitations of this W
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Agreement are satisfied. Each Designated Representative is also responsible for coordinating the input
and work of its respective governmental agency or department staff, consultants and contractors as it
relates to the scope of this Agreement.
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A Party may change its Designated Representative by written notice to the other Party. Each Party's Q
Designated Representative is named below with the individual's contact information. L)
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PSRC Designated Representative. The Designated Representative for PSRC is Project Manager. They a-
may designate other staff as the principal contact for daily work coordination. All official correspondence
concerning this Agreement shall be directed to the Designated Representative at the following address:
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Puget Sound Regional Council Phone: (XXX)XXX-XXXX
Attn: Project Manager, Title Fax: 206-587-4825 Q
1011 Western Avenue, Suite 500 Email:
Packet Pg. 105
8.F.a
Seattle, WA 98104
KENT Designated Representative. The Designated Representative for KENT is Project Manager. They i
may designate other staff as the principal contact for daily work coordination. All official correspondence
concerning this Agreement shall be directed to the Designated Representative at the following address:
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Subawardee Phone: (XXX)XXX-XXXX
Attn: Project Manager Title: TITLE Fax: (XXX)XXX-XXXX Q
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ADDRESSADDRESS
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CITY, STATE ZIP Email:
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3.0. TERMS AND
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CONDITIONS
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3.1. In its performance of this Subaward Agreement, KENT shall be an independent entity and not an Q
employee or agent of PSRC. Q
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3.2. KENT must obtain the prior written approval of PSRC whenever any programmatic changes are N
anticipated, including but not limited to the following:
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a) Any revision of the Scope of Work or objectives of the project(regardless of whether there is an
associated budget revision requiring prior approval).
b) Changes in key persons in cases where specified in an application or a grant award. In research r
projects, a change in the project director or principal investigator shall always require approval
unless waived by the USDOT. C�
C) Under non-construction projects, contracting out, subgranting (if authorized by law) or otherwise
obtaining the services of a third party to perform activities, which are central to the purposes of
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the award.
d) Transfer of budgeted amounts.
e) No-cost extensions.
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3.3. Governmentwide Debarment and Suspension >
KENT shall comply with the provisions of 2 C.F.R. Part 200, Appendix II, "Contract Provisions for Non-
Federal Entity Contracts Under Federal Award", Section I, (published in the Federal Register on
December 26, 2013, 78 FR 78608), which generally prohibit entities that have been debarred, p
suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either
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through primary or lower tier covered transactions, and which sets forth the responsibilities of recipients of c
Federal financial assistance regarding transactions with other persons, including subrecipients and
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contractors.
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KENT (and all subcontractors, if any) must maintain current registration in the System for Award N
Management (www.sam.gov) at all times during which they have active federal awards or subawards,
including for this Agreement. w
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3.4. Indemnification c
To the extent permitted by law, each Party to this Agreement shall indemnify the other Party and its
officers, officials, employees, and agents, while acting within the scope of their employment, from any and
all costs, claims, demands,judgments, damages, or liability of any kind including injuries to persons or a,
damages to property, which arise out of, or in any way result from, due to, any acts or omissions of the Q
indemnifying Party in the implementation of this Agreement or any agreement between KENT and its W
subcontractor(s). Cn
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No Party shall be required to indemnify the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the Party seeking indemnification. E
Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity c°
provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Q
Packet Pg. 106
8.F.a
Each Party by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that
would otherwise be available against such claims under the industrial insurance provisions of Title 51 i
RCW.
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This indemnification shall survive the termination of this Agreement.
3.5. Compliance with Federal Award Obligations. The Award is subject to, and KENT shall comply Q
with, the terms and conditions of the PTE Award and the Department of Transportation General Terms c
and Conditions (March 28, 2023) (see attachments 1 and 2), including all applicable statutes, regulations, f°
executive orders (E.O.$), Office of Management and Budget (OMB) circulars, provisions of the OMB
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Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 5
(codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), and approved applications. a-
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i BUDGET & PAYMENT PROCEDURE
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4.1. Budget Q
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The estimated budget to accomplish the tasks described in the Scope of Work for this is incorporated in
Exhibit B of this Agreement. This budget reflects the Parties' best estimates of the amounts that may be
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required to accomplish the total work under this Agreement. Actual amounts reimbursable shall be based
on actual work performed. In the event it is determined that the Scope of Work has been accomplished
by Commerce for a lesser amount, PSRC shall only pay reimbursements for documented costs. In no
event shall Commerce be aid for costs that are not documented pursuant to the requirements of this
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Agreement.
4.2. Payments/Invoices
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PSRC shall reimburse KENT not more often than monthly for costs incurred in the performance of this
Award, which are determined to be allowable, allocable, & reasonable in accordance with 2 CFR Part
200. All invoices shall be submitted using KENT's standard invoice, but at a minimum shall include
current and cumulative costs, subaward number, and certification (Exhibit C), as required in 2 CFR ca
200.415 (a). PSRC shall not transfer nor be obligated to transfer any funds in advance of its approval of >
such requests.
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Documentation of all expenses eligible for reimbursement shall be maintained by KENT and shall, upon p
request by PSRC, be provided prior to reimbursement as required by this Award. All invoices presented M
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for payment shall include a reasonable description of the tasks performed that correspond to the amounts d
invoiced.
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To assure payment processing in a timely manner, KENT shall submit all invoices, required reports, and
documentation to the attention of: N
PSRC Z
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Attn: Patty Mosure Y
1011 Western Ave, Suite 500
Seattle, WA 98104 E
206-971-3291
Finance(d0src.orq
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PSRC's shall review and pay reimbursable amounts within 45 days of receipt of the invoice. W
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PSRC reserves the right to withhold payments pending timely delivery and proper completion of the
reports or documents as may be reasonably required under this Agreement.
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4.3. Prohibited Use of Funds
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KENT may not use funds for the following ineligible activities: Q
Packet Pg. 107
8.F.a
(a) Ineligible costs under 2 C.F.R Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards;
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(b) Any activities prohibited under the Grant between USDOT and PSRC dated May 19, 2023
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4.4. Final Payment
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Final payment will be made to KENT upon final completion of the work and upon written acceptance by
PSRC's Designated Representative. Any required adjustments shall be reflected in the final invoice.
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4.5. Use of Consultants/Contractors f°
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For all proposals and contracts where costs are expected to exceed $100,000, the scope of work and the o
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costs of such must be submitted to and approved by USDOT prior to employment of such consultants or
contractors. KENT will ensure that any consultant or contractor paid from funds provided under this award Q
is bound by all applicable award terms and conditions. USDOT shall not be liable hereunder to a third Q
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party nor to any party other than the PSRC. 1°
In addition, all procurements shall adhere to PSRC's Procurement Policies and Procedures as updated
March 2023. o
$10,000 or under Micro purchase: No competition required. c
$10,001-$250,000* Small purchase: Competition required with documentation of an adequate
number of price/rate quotes. m
Over$250,000* Competitive proposal: Competition required with documentation of at least C�
two formal, written bids, proposals or qualifications, as well as an
independent cost estimate. �
Pre-approval required Noncompetitive proposal: Only when competitive method is infeasible and M
certain situations apply. --
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5. H
1 REPORTING AND RECORDSQ
5.1. Reports and Documentation
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Project Progress Reports: KENT agrees to assist PSRC with Project Progress Reports on a I?
basis for the period(s) ending or any portion thereof. KENT will supply report content, e.g. o
summaries of work completed, to PSRC no later than 10 days following the end of the period. Reports
are due no later than 30 days following the end of the period.
Performance Progress Reports submitted to USDOT by PSRC should include the following: z
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i. Provide a clear, concise overview of the activities undertaken during the Project Period;
ii. Document accomplishments, benefits, and impacts that the Project and Activities are having.
Recipients should note specific outcomes where activities have led to job creation/retention,
private investment, increased regional collaboration, engagement with historically excluded
groups or regions, enhanced regional capacity, and other positive economic benefits; Q
iii. Highlight any upcoming or potential press events or opportunities for collaborative press events to v
highlight benefits of the USDOT investment; Cn
iv. Compare progress with the project timeline, explaining any departures from the targeted a-
schedule, identifying how these departures are going to be remedied, and projecting the course
of work for the next period; E
V. Outline challenges that currently impact or could impact progress on the grant over the next
reporting period and identify ways to mitigate this risk; and c°
vi. Outline any areas where USDOT assistance is needed to support the project or any other key Q
information that would be helpful for your USDOT Project Officer to know.
Packet Pg. 108
8.F.a
Final Project Reports may be posted on USDOT's website, used for promotional materials or policy
reviews, or may be otherwise shared. Recipients should not include any copyrighted or other sensitive i
business information in these reports. There is no specific page limit for Final Project Reports; however,
such reports should concisely communicate key project information, and should:
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i. Outline the specific regional need that the project was designed to address and update on
progress made during the reporting period that will mitigate need and advance economic Q
development; c
ii. Provide a high-level overview of the activities undertaken; f°
iii. Detail lessons learned during the project period that may be of assistance to USDOT or other
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communities undertaking similar efforts;
iv. Outline the expected and actual economic benefits of the project as the time that the report is a-
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written; and 0
V. Any other key information from the relevant project period Q
5.2. Availability of Records Q
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All project records in support of all costs and actual expenditures incurred by KENT and its Sub- N
Contractor(s) under this Agreement shall be maintained by KENT and its Sub-Contractor(s) and open to
inspection by PSRC (or its federal funding agency) during normal business hours, and shall be retained 0
and made available for such inspection for the duration of the State and Federal records retention
requirements from final payment of funds under this Agreement to PSRC. Copies of said records shall be
furnished to PSRC and/or its federal funding agency upon request. This requirement shall be included in r
all subcontracts related to the work entered into by KENT to fulfill the terms of this Agreement.
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Certifications • AssurancesF
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By signing the Subaward Agreement, the Authorized Official of Subrecipient certifies, to the best of
his/her knowledge and belief, that:
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Certification Regarding Lobbying ca
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, >
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal p
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the M
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extension, continuation, renewal, amendment, or modification of any Federal contract, grant, d
loan, or cooperative agreement.
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2) If any funds other than Federal appropriated funds have been paid or will be paid to any person c
for influencing or intending to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in N
connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the Z
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Pass-through Entity. Y
3) The Subrecipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under E
grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose aoi
accordingly. a,
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This certification is a material representation of fact upon which reliance was placed when this transaction W
was made or entered into. Submission of this certification is a prerequisite for making or entering into this Cn
transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required a
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure. E
Debarment, Suspension, and Other Responsibility Matters
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Packet Pg. 109
8.F.a
Subrecipient certifies by signing this Subaward Agreement that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any federal department or agency. i
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Audit and Access to Records
Subrecipient certifies by signing this Subaward Agreement that it complies with the Uniform Guidance, will
provide notice of the completion of required audits and any adverse findings which impact this subaward
as required by 2 C.F.R. parts 200.501 and 200.521, and will provide access to records as required by Q
parts 200.336, 200.337, and 200.201 as applicable. c
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Right to Audit and Disallow and Recover Funds
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The Federal government reserves the right to seek recovery of any funds that were not expended in
accordance with the requirements or conditions of this Agreement based upon USDOT review, the final a
audit, or any other special audits or reviews undertaken. USDOT has the right to order a special audit, o
even if PSRC's auditor or a cognizant agency has already conducted one. Q
7.0. CONTRACT ADMINISTRATIONand SUBRECIPIENT MONITORINGQ
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KENT shall be solely responsible for the administration of and the completion and quality of work
performed under any contracts executed by KENT. In no event shall any contract executed by KENT be
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construed as obligating PSRC. Any claims arising out of the separate contracts of KENT for work under
this Agreement are the sole responsibility of KENT. All contracts shall comply with all applicable public
works and procurement laws and regulations, including, but not limited to, applicable bonding, prevailing
wage, nondiscrimination, retainage, insurance, and workers compensation requirements.
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7.1. Direct Supervision Cn
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Nothing in PSRC's exercise of the right to inspect or accept the work performed by KENT shall reduce rn
KENT's responsibility for the proper execution of the work or relieve KENT from its responsibility for direct
supervision of the work. When PSRC exercises its right to inspect or accept the work performed by
KENT, it shall not be deemed or construed to be in control of the work under this Agreement.
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7.2. Sub-recipient Monitoring >
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PSRC reserves the right to monitor and manage subrecipients, including lower tier subrecipients. At a
minimum, monitoring of KENT will include: p
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i. Review of financial and programmatic reports; d
ii. Following-up and ensuring that KENT takes timely and appropriate action on all deficiencies
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pertaining to the Federal award provided to KENT from PSRC detected through audits, on-site c
reviews, and other means; and
iii. If applicable, issuing a management decision for audit findings pertaining to the Federal award N
provided to KENT from PSRC as required by 2 C.F.R. § 200.521 (Management decision).
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PSRC requires all subrecipients, including lower tier subrecipients, under the award to comply with the Y
provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200)
and all associated terms and conditions. E
8.0. INSURANCE
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KENT will maintain at all times during the term of this Agreement, satisfactory limits of insurance and/or W
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self-insurance to protect against claims arising out of this Agreement. Such insurance or self-insurance a-
shall include General Liability, Business Automobile Liability, and Workers' Compensation in accordance
with statutory requirements under Title 51 RCW. °'
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Each Party will require and cause its respective subcontractors of all tiers to maintain such insurance as r
described above in sufficient amounts to protect the interest of the Parties. Such insurance shall be Q
confirmed by a Certificate of Insurance prior to commencement of the work.
Packet Pg. 110
8.F.a
The Parties hereby agree to require their respective insurers and their respective subcontractors of all
tiers, to waive subrogation rights against the other Party and such other Party's insurers. i
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It is understood and agreed that insurance and/or self-insurance provided by the Parties under this
Agreement is not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by the Parties or their Contractors of any tier under their respective contracts or imposed by
applicable laws or regulations. Q
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9.0 TERMINATION OF
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9.1. Termination for Default a
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Either Party may terminate this Agreement, in whole or in part, if the other Party substantially fails to fulfill 0
any or all of its obligations under this Agreement through no fault of the other Party, provided that insofar Q
as practicable, the Party terminating the Agreement will give: Q
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a. Notice of intent to terminate at least thirty (30) calendar days prior to the date of termination stating L°
the manner in which the other Party has failed to perform the obligations under this Agreement; and
b.An opportunity for the other Party to cure the default as provided in section 15.1 of the Department
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of Transportation General Terms and Conditions. If KENT is the party in default, PSRC shall
provide an opportunity of KENT to cure the default. If PSRC is the party in default, KENT shall give
PSRC a Notice of Termination stating the time period in which cure is permitted and any other
appropriate conditions.
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c. Provided however, that if PSRC's funding agency terminates financial support for the project at any
time, either party shall have the right to immediately terminate this Agreement by giving written Cn
notice thereof.
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If the other Party fails to remedy the default or the breach to the satisfaction of the other Party within the
time period established in the Notice of Termination or any extension thereof granted by the Party not at
fault, the other Party may terminate this Agreement. However, any terms of this Agreement relevant to a
dispute that is unresolved at the time of termination shall survive until the dispute is finally resolved. N
9.2. Termination for Convenience
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Either Party may terminate this Agreement, in whole or in part, for its convenience provided that the p
terminating Party shall provide the other Party with an advance notice of at least thirty (30) calendar days. M
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9.3. Notice of Termination
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Notice of termination shall be given by the Party terminating this Agreement to the other Party in writing.
The notice shall specify the effective date of termination, which shall not be sooner than the non- N
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terminating Party's receipt of the notice.
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9.4. Rights and Duties of Parties Upon Termination Y
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A termination by any Party shall not extinguish or release either Party from liability, claims, or obligations E
to third parties existing as of the time of termination. Any costs incurred prior to the effective date of
termination will be borne by the Parties in accordance with the terms of this Agreement and this Section. a,
The record keeping requirements, payment, release and indemnification provisions set forth in this Q
Agreement and all remedial provisions shall survive termination of this Agreement. W
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Upon termination of this Agreement by expiration of the term or upon termination for the convenience of a
the Parties, the Parties agree to work together cooperatively to develop a coordinated plan for terminating
the scope of work rendered up until the time of termination and determining reasonable contract close-out E
costs for termination for convenience or as a result of PSRC's default or breach. In the event of
termination by default or breach, PSRC shall only be obligated to compensate KENT for the portion of c°
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Packet Pg. 111
8.F.a
work that has been satisfactorily rendered to the date of termination according to the terms of this
agreement.
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10.0. GENERAL CONTRACT - • •
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10.1. Rights and Remedies
The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies
provided by law, except as otherwise provided in this Agreement. cLa
10.2. No Agency
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No joint venture or partnership is formed as a result of this Agreement. No employees, agents or
subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other
Party. Q
10.3. Third Party Rights o
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It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and USDOT,
and gives no right to any other entity. Nothing in this Agreement, whether express or implied, is intended
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to confer any rights or remedies under or by reason of this Agreement on any persons other than the
Parties and USDOT.
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10.4. Assignment/Successors
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No Party shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the Cn
same, whether by assignment or novation, without prior written consent by the other Party. This limitation
does not, however, prevent KENT from selecting subcontractors or consultants to perform the work co
authorized by this Agreement. All of the terms, provisions, and conditions of this Agreement will be
binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted
assigns, and legal representatives.
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10.5. Compliance with Laws >
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KENT shall comply, and to the best of its ability shall ensure, that its employees, agents, consultants, and
representatives comply with all federal, state, and local laws, regulations, and ordinances applicable to p
the work to be performed. The work performed by KENT under this Agreement shall comply with all M
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applicable public works and procurement laws and regulations, including, but not limited to, bonding, d
prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements.
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10.6. Governing Law and Venue
This Agreement will be governed by, and construed and enforced in accordance with, the laws of the
State of Washington. Any legal action resulting from this Agreement shall be brought in the Superior Z
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10.7. Notice E
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All notices or requests required or permitted under this Agreement shall be in writing, shall be personally a,
delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission Q
and shall be deemed received three (3) business days following the date when mailed or on the date W
when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All Cn
notices or requests shall be sent to the PSRC and KENT addressed as shown in Section 2.0. a
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10.8. Waiver of Default E
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of c°
a provision of this Agreement, including failure to require full and timely performance of any provision, Q
Packet Pg. 112
8.F.a
shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such in writing, signed by authorized
parties, and attached to the original Agreement. i
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10.9. Severability
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If any of the terms and conditions of this Agreement are determined to be invalid or unenforceable by a
court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full Q
force and effect. The Parties agree to negotiate in good faith to reform the Agreement to replace any c
invalid or unenforceable term and/or condition with a valid and enforceable term and/or condition that f°
comes as close as possible to the intention of the stricken term and/or condition.
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10.10. Warranty of Right to Enter into Agreement a
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The Parties each warrant that they have the authority to enter into this Agreement and that the persons Q
signing this Agreement have the authority to bind such person's respective entity. _
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10.11. Publicity o
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The Parties to this Agreement shall not make any formal press releases, news conferences or similar
public statements concerning this Agreement without prior consultation with the other Party. G
10.12. Future Support
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PSRC makes no commitment of future support and assumes no obligation for future support of the
activity contracted herein except as set forth in this Agreement. ih_
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10.13. Exhibits o
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All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent
otherwise provided herein. M
10.14. Limitation on Payments to Influence Certain Federal Transactions
Section 1352 of Title 31 of the U.S. Code provides in part that no appropriated funds may be expended U_
by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for o
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and M
officer or employee of Congress, or an employee of Member of Congress in connection with any of the N
following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, M
the making of any Federal loan, the entering into of any cooperative agreement, and the extension, c
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Q
agreement.
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Statutory Provisions r
1. Non-Federal entities shall comply with 2 C.F.R. § 200.450 ("Lobbying"), which incorporates the
provisions of 31 U.S.C. § 1352; the "New Restrictions on Lobbying" published at 55 FR 6736 E
(February 26, 1990); and OMB guidance and notices on lobbying restrictions. In addition, non-Federal
entities must comply with the DOC regulations published at 15 C.F.R. Part 28, which implement the a'
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"New Restrictions on Lobbying". These provisions prohibit the use of Federal funds for lobbying the v
executive or legislative branches of the Federal Government in connection with the award, and W
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require the disclosure of the use of non-Federal funds for lobbying. Lobbying includes attempting to a-
improperly influence, meaning any influence that induces or tends to induce a Federal employee or
officer to give consideration or to act regarding a Federal award or regulatory matter on any basis
other than the merits of the matter, either directly or indirectly. Costs incurred on to improperly
influence are unallowable. See 2 C.F.R. § 200.450(b) and (c). r
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2. Disclosure of Lobbying Activities
Packet Pg. 113
8.F.a
Any non-Federal entity that receives more than $100,000 in Federal funding shall submit a completed
Form SF-LLL, "Disclosure of Lobbying Activities," regarding the use of non-Federal funds for
lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the calendar i
quarter in which there occurs any event that requires disclosure or that materially affects the accuracy
of the information contained in any disclosure form previously filed. The non-Federal entity must
submit any required Forms SF-LLL, including those received from subrecipients, contractors, and
subcontractors, to the Grants Officer.
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10.16. Entire Agreement f°
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This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the
matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior a-
negotiations and draft written agreements are merged into and superseded by this Agreement. 0
20.0. FLOW DOWN PROVISIONS
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If KENT contracts or subawards funds under this Agreement with a person or entity to perform work under U°
this award, Commerce shall include in the contract or subaward agreement such provisions as may be
necessary to ensure that all contractors and subgrantees comply with the requirements of the grant and
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reporting provisions as set forth in these terms and conditions or as established by USDOT and the Office
of Management and Budget(OMB)
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All subgrantees are required to obtain a DUNS numbers (or update its existing DUNS record), and
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register with the System for Award Management prior to award.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Agreement as of
the date written below. co
City of Kent: PSRC:
ADDRESS Puget Sound Regional Council
ADDRESS 1011 Western Avenue, Suite 500
CITY, STATE ZIP Seattle, Washington 98104 >
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By: By: o
Name Josh Brown, Executive Director M
Title, Subawardee Puget Sound Regional Council c
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Date: Date: Q
Approved as to form: z
NAME,CONTRACTOR Attorney Y
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NAME,TITLE
Subawardee °f
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Exhibit A
Scope of Work and Budget Summary
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for City of Kent Safe Streets and Roads For All Action Plan a
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Amounts based on $472,000 from USDOT Award No. 693JJ32340054 and $118,000 local match. Q
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This Exhibit contains two sections: (1) Task and budget summary table describing tasks and CU
approximate associated budget, (2) description of the local match committed by the City of Kent,
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consistent with the components of the USDOT Agreement with Puget Sound Regional Council,
effective May 19, 2023.
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Kent will use awarded funds to convert the City's adopted 2022 Local Road Safety Plan (LRSP) Q
into a Safe Streets and Roads For All (SS4A)-compliant Action Plan. This includes expanding Q
crash and safety solutions employing low-cost, high-impact strategies that improve safety over a o
wider geographic area. The SS4A project will enable additional efforts - engagement with the U_
depth and breadth of public and private stakeholders, expansion of supportive strategies and
projects; and accelerating the development and implementation of projects and strategies 0
promoting safety equitably.
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The plan will be in alignment with the principles of the Target Zero: Washington State Strategic r
Highway Safety Plan from the Washington Traffic Safety Commission and will include analysis L
of crashes on managed access state highways in Kent. Locations to add sidewalk, fill in Cn
sidewalk gaps will be completed with GIS- and stakeholder-informed process are included.
I. Tasks and Budget Summary Table: ti
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Task I Description I Lead TBudget Timing �?
1. Safe Systems Approach — understanding where we are N
1.a - Trends in data, identify a High Injury Network Kent & $62,000 Fall
- Safe Systems Approach outreach, translation consultant 2023 <
1.b - Supplemental data Kent & $30,000 0
Contractual N
2. Task Force Assignment o
2.a - Council or Mayor designate Task Force for Kent $10,000 0
solutions Winter Q
2023 —
2.b - Alternatives development, Local Road Safety Kent & $85,000 U)
Plan methodology consultant Spring
2024 Z
2.c - Sidewalk and crossing need, prioritization (GIS) Consultant $108,000 Y
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3. Multilingual, Inclusive Engagement Fall
3.a - Stakeholder engagement, translation services Kent & $108,000
2023 — E
- Public engagement report consultant 2024 er Q
4. Equity Impact Analysis and Action Plan L)
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4.a - Equity Impact Analysis to inform Kent & $28,000 a
recommendations consultant Spring -
4.b - Prioritize programs and projects with Kent & $61,000 Summer E
stakeholder input consultant 2024
- Scoping and development of prioritized safety
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Packet Pg. 115
8.F.a
4.c - Safety policy creation - with timeframe to Kent $18,000
reduce fatal and severe injury crashes
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4.d - Draft Plan Consultant $30,000
4.e - Final Plan, Adoption Kent & $20,000
consultant
5. Reporting and Administration Through Q
5.a Reporting period, final report to DOT Kent $30,000 April 30, i
2026
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II. City of Kent Match o
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The city of Kent will provide approximately 0.75 FTE from a variety of City Public Works Q
Department staff during the term of the project, staff time paid using local funds, including work Q
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related to the data analysis, public engagement, GIS analysis, policy adoption and reporting. U-
Based on direct salary and benefits cost with proportional overhead cost, and public
engagement space rental, this staff commitment is estimated to be valued at approximately c
$118,000 through April, 2025.
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Exhibit B
Project Budget I
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Amounts Based on $472,000 Grant Award, $118,000 Match 9
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Item Grant Share Match
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Personnel $83,000 $100,000 c
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Fringe Benefits $8,000 $10,000 c
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Contractual $322,000 $3,000
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Indirect Charges $54,000 $5,000
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Total Charges $472,000 $118,000 N
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Exhibit C
Requisition for Payment
and Reporting Template
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To: Puget Sound Regional Council From: Subawardee
Attn: Accounts Payable ADDRESS
1011 Western Avenue, Suite 500 ADDRESS a
Seattle, Washington 98104 CITY, STATE ZIP r-
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Project Title: TITLE Q
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Budget Table
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Travel $ $ $ M
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Total Requisition this Period $ $ $
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1 certify that the expenses listed above have been properly incurred in the accomplishment of the services
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Name, Title Date
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8.G
KENT
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Accept Grant Funding through the Washington Department
of Transportation Highways and Local Programs Office -
Authorize
MOTION: I move to authorize the Mayor to accept grant funding through
the Washington State Department of Transportation Highways and Local
Programs Office in the amount of $40,469,000, amend the budget,
authorize expenditure of grant funds and matching funds to complete the
projects and authorize the Mayor to sign all necessary documents subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Each year, the City is eligible to apply for multiple grant opportunities.
Each grant has specific eligibility requirements and evaluation criteria to award
funding, often including prior adoption in the City's Transportation Master Plan
(TMP) and six-year Transportation Improvement Program (TIP). At the beginning of
each grant cycle, staff present potential projects or programs to Council for grant
requests. The following notices of award are from 2022 requests to the State
Legislature as noted below:
Move Ahead Washington Transportation Budget for Meet Me on Meeker
Multimodal Improvements, in the amount of $10,000,000.
In 2023, the Washington State Legislature approved Move Ahead Washington,
providing transportation funding over a 16-year period starting July 1, 2023. The
Move Ahead Washington funding supports new transportation projects and
programs statewide. Legislators worked with constituents to identify projects that
meet communities goals. Inclusion of the Meet Me on Meeker project reflects the
Legislature's commitment to advancing multimodal transportation in Kent.
The project will add a two-way bike facility on West Meeker Street, and enhanced
pedestrian crossing facilities between Kent Elementary and the Interurban Trail.
The project will be built to the Meet Me on Meeker Street design standards adopted
by Council in 2016. The improvements will support the link between neighborhoods
and downtown Kent, providing transportation users of all modes with pedestrian
crossing facilities, lighting, and separated bicycle facilities. Construction is expected
to start in 2024.
Packet Pg. 119
8.G
Move Ahead Washington Transportation Budget for the 224t" Corridor
Completion, in the amount of $20,600,000.
The project will complete widening of S 218t" and S 2161" Streets from 941" Place S
to 108t" Avenue SE (SR 515/Benson Highway), including a new two-way left turn
lane, planted pedestrian buffers, sidewalks, street lighting and underground
utilities. The improvements will support the link between neighborhoods and the
valley for users of all modes.
The overall project estimate is $26,200,000, with match coming from the Street
Fund, Traffic Impact Fees, and Local Improvement District #363.
State Transportation Budget for the 761" Avenue S (South Phase), in the
amount of $5,000,000.
The project will construct drainage and road improvements on 76th Avenue S from
S 220th Street to S 223rd Street. The roadway will be raised above the FEMA base
flood elevation with a full width concrete roadway; undersized culverts will be
replaced with three bridges, one on 76t" Avenue S and two for access to existing
businesses; Mill Creek will be widened and improved with new habitat measures;
new storm and water systems, planter strips, sidewalks, street lighting and street
channelization.
The overall project estimate is $17,980,000, including a local contribution of 56%
($9,980,000), with construction anticipated to begin in winter 2023/2024. Council
previously approved required match funds from the B&O, Drainage Utility and
Street funds.
Pedestrian & Bicycle Safety Program Budget for the Meeker Street - Kent
Elementary Separated Bikeway, in the amount of $1,807,000.
In 2022, the City applied for grant funding from the Washington State Department
of Transportation (WSDOT) Pedestrian & Bicycle Safety Program to construct a
separated bikeway along the frontage of Kent Elementary School. The project
award for Kent is one of 28 awarded across the state for the 2023-25 biennium.
The project will add a new, two-way separated bike facility on the south side of the
street along with other Meet Me on Meeker street standards from 64th Avenue S to
750 feet east of 64th Avenue S. The project will narrow the roadway to three lanes
and include construction of raised median islands, buffer between the two-way bike
path and travel lanes, street lighting, landscaping, and pedestrian amenities. The
improvements will support the link between neighborhoods and downtown Kent,
and promote active transportation use for people of all ages and abilities.
The overall project estimate is $2,610,000, including a local contribution of 31%
($803,000), with design underway this fall. Council previously approved required
match funds from the B&O and Street funds.
Packet Pg. 120
8.G
Pedestrian & Bicycle Safety Program grant for the SR 99 Pedestrian Hybrid
Beacon at 24800 to 25000 Block, in the amount of $559,000.
The City applied for grant funding from the Washington State Department of
Transportation (WSDOT) Pedestrian & Bicycle Safety Program in 2022 to design and
construct a Pedestrian Hybrid Beacon (PHB) at the 24800 to 25000 block of SR 99,
or Pacific Highway South. The project award for Kent is one of 28 awarded across
the state for the 2023-25 biennium. The project will add a PHB-enhanced crosswalk
and associated lighting and signage. The improvements will support local
commercial and pedestrian activity.
The total project cost estimate is $621,000, including a local contribution of 10%
($62,000), with design to begin in 2023. Staff proposes to allocate match funds
from the Street Fund.
Connecting Communities Pilot Program grant - Willis Street Road Diet, in
the amount of $623,000.
This project was nominated by a working group from the Washington State
Department of Transportation (WSDOT) and Puget Sound Regional Council (PSRC)
for a new pilot program, authorized by the Washington State Legislature, that is
focused on connecting communities across state highways. The project was
previously submitted to WSDOT as part of a Highway Safety Improvement Program
(HSIP) grant application. The project award for Kent is one of five awarded to cities
across the state as part of the pilot program for the 2023-25 biennium.
The project will add an RRFB-enhanced crosswalk at 2nd Avenue and reconfigure the
roadway from 2nd Avenue to Central Avenue by narrowing the roadway to one,
westbound lane. The improvements will support local commercial and pedestrian
activity, and implement a top project identified in the 2022 Local Road Safety Plan.
The total project cost estimate is $990,000, including an estimated local
contribution of 31% ($307,000), with design to begin in 2023. Staff proposes to
allocate match funds from the Street Fund.
Safe Routes to School Program Funding for the Meeker Street and 641" Ave
S Transit & Non-Motorized Intersection Improvements grant in the amount
of $1,880,000.
In 2022 the City applied for grant funding from the Washington State Department
of Transportation (WSDOT) Safe Routes to Schools Program to construct transit and
non-motorized improvements at the W Meeker Street and 641" Ave S intersection,
which serves as the principal access point for Kent Elementary School for all
students and employees by bus, walking, biking, rolling, or by private car.
The project will reconstruct the intersection, adding curb and bus bulb-outs to
decrease the pedestrian crossing distance. The project includes bus stop
improvements on the north and south side of W Meeker Street east of 64th Avenue
Packet Pg. 121
8.G
S, and signal improvements including transit signal priority. The project will be built
to the Meet Me on Meeker Street design standards.
The overall project is estimated to cost $2,464,000, including a local contribution of
24% ($584,000), with design already under way, enabled by a prior grant award.
Council previously approved required match funds from the B&O fund. Staff
proposes to budget and appropriate the local match for the construction portion of
the project from the Street Fund.
BUDGET IMPACT:
Meet Me on Meeker Multimodal Improvements: No new impacts, prior Council
allocation of $500,000 will be used for grant match.
224th Corridor Completion: Local matching funds of $5,600,000 and prior grant
awards were previously allocated by Council.
76th Avenue S (South Phase): Local funds of $9,980,000 and prior grant awards
were previously allocated by Council.
Meeker Street - Kent Elementary Separated Bikeway: Local match funds of
$24,000 and prior grant awards were previously allocated by Council.
SR 99 Pedestrian Hybrid Beacon: Estimated $62,000 match is proposed from
the Street Fund.
Willis Street Road Diet: Estimated $307,000 match is proposed from the Street
Fund.
Meeker Street and 64t" Ave S Improvements: Estimated $326,000 in local
match proposed from Street Fund, along with prior grant award and local match of
$36,000 from B&O funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Kent TPB v23 MMoM Multimodal (PDF)
2. Kent vE23 LEGE MAW 224th Corridor Award Letter (PDF)
3. 2023 Freight Mobility Letter Kent - 76th Ave S (South Phase) (PDF)
4. WSDOT Meeker Street - Kent Elementary Separated Bikeway (PDF)
Packet Pg. 122
8.G
5. 2023 Ped Bike Safety Letter Kent SR99 (PDF)
6. 2023 Connecting Communities State Letter Kent (PDF)
7. 2023 SRTS Federal Funding Letter Kent (PDF)
06/20/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 7/18/2023
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner
Packet Pg. 123
8.G.a
Adw
Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E.
P � P.D.Box 47300
Olympia,WA 98504-7300 >,
360-705-7000 ca
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TTY:1-800-833-6388 t
www.wsdot.wa.gov
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May 19, 2023
0
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Mr. Chad Bieren, PE
Public Works Director
City of Kent o
220 Fourth Avenue South
Kent, WA 98032-5838 E
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RE: Meet Me on Meeker Multimodal Improvements
Move Ahead Washington—Tier Pedestrian & Bicycle a)
2023-25 Transportation Budget 5
State Funding
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Dear Mr. Bieren:
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0
WSDOT is pleased to advise you that the above-mentioned project was selected to receive o
funding in the 2023-25 Transportation Budget through the Move Ahead Washington
(MAWA)—Tier Pedestrian&Bicycle program. The state funding is limited as shown E
below:
c
0
Meet Me on Meeker Multimodal Improvements $40,000,000 L
2023-25 Available Funding: $3,000,000 e.
2025-27 Available Funding: $7,000,000
a
Scope: To complete the Meet Me on Meeker multimodal corridor, which will provide a
bike/pedestrian promenade that connects high density housing to the Kent's T_
downtown and the Sounder Station. The project includes a two-way separated
bikeway and sidewalk with buffer and amenity zones.
0
E
The MAWA legislation intends to provide funding in future biennia for this project. r
However,until the remaining appropriations are provided by future legislatures, we can only
reimburse your agency for the approved work completed on the project, up to the 2023-25 0
available funding amount. Since, WSDOT is unable to pay more than the biennial amount, it
is critical that the city plan its work and schedule so that the funds match the work. As a M
reminder, the amount of MAWA funds available in each biennium is contained within the >
enacting legislation. a
w
In order to meet state requirements, the following are required: Y
■ Project expenditures incurred before receiving notice from Local Programs of state
fund authorization are not eligible for reimbursement. E
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Packet Pg. 124
8.G.a
Mr. Chad Bieren, PE
City of Kent
May 19, 2023
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■ Please refer to the Local Programs webpage for detailed authorization information, o
including: (hqp://www.wsdot.wa.gov/localpro rg ams�
✓ Local Agency Guidelines (LAG) manual for detailed requirements; 0.
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✓ Transportation Improvement Program (TIP) and Statewide Transportation
Improvement Program(STIP) amendments, as applicable; o
✓ Funding and billing forms;
✓ Local Project Report is required to be completed by the end of June and
December each year. To access the database you will need an account name
and password. Your account name is Kent and your password is Kent291.
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The password is case sensitive.
aM
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Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
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For assistance, please contact your Region Local Programs Engineer, Mehrdad Moini, at
(206) 440-4734 or Mehrdad.Moini(c�wsdot.wa.gov. c
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Sincerely, c
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Jay Drye, PE a,
Director Q.
Local Programs
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cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer 0
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Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E.
P � P.D.Box 47300
Olympia,WA 98504-7300
360-705-7000
TrY:1-800-833-6388 0
www.wsdot.wa.gov C
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May 19, 2023
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Mr. Chad Bieren, PE °�,
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Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
0
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RE: 224t" Corridor Completion 0
Move Ahead Washington—Capital Projects a,
2023-25 Transportation Budget E
State Funding
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Dear Mr. Bieren:
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WSDOT is pleased to advise you that the 2023-25 Transportation Budget has revised the
above-mentioned project funding through the Move Ahead Washington (MAWA)—Capital a
Projects program. The state funding is limited as shown below: N
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224th Corridor Completion $20,600,000 i
as
2021-23 Available Funding: $ 0
2023-25Available Funding: $10,000,000
2025-27 Available Funding: $ 10,600,000 3
Scope: Complete widening of S 218th and S 216th Streets from the Kent Valley to SR 515 a
(Benson Hwy) to meet modern standards, including a new two-way left-turn lane,
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planted pedestrian buffers, sidewalks, street lighting and underground utilities. `o
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The MAWA legislation intends to provide funding in future biennia for this project. Based N
on the revised funding provided by the legislature, we can only reimburse your agency for N
the approved work completed each biennium, as reflected above. Therefore, it is critical that Q
the city plan its work and schedule so that the funds match the work. As a reminder, the 2
amount of MAWA funds available in each biennium is contained within the enacting w
legislation.
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In order to meet state requirements, the following are required: >
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■ Project expenditures incurred before receiving notice from Local Programs of state Y
fund authorization are not eligible for reimbursement.
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■ Please refer to the Local Programs webpage for detailed authorization information, E
including: (hqp://www.wsdot.wa.gov/localpro rg ams�
Packet Pg. 126
8.G.b
Mr. Chad Bieren, PE
City of Kent
May19, 2023
0
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✓ Local Agency Guidelines (LAG) manual for detailed requirements;
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✓ Transportation Improvement Program (TIP) and Statewide Transportation c
Improvement Program(STIP) amendments, as applicable; c
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✓ Funding and billing forms;
✓ Local Project Report is required to be completed by the end of June and
December each year. To access the database you will need an account name
and password. Your account name is Kent and your password is Kent291.
The password is case sensitive. tM
0
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Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
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For assistance, please contact your Region Local Programs Engineer, Mehrdad Moini, at
(206) 440-4734 or Mehrdad.Moini(cwsdot.wa.gov.
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Sincerely, C
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Jay Drye, PE M
Director L
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Local Programs
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cc: Kelly McGourty, Transportation Director, PSRC Q
Mehrdad Moini,Northwest Region Local Programs Engineer
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Washington State Transportation Building
310 Maple Park Avenue S.E.
Department of Transportation P.O.Box 47300
Olympia,WA 98504-7300 r
360-705-7000 y
TrY:1-800-833-6388 E
www.wsdot.wa.gov r_
May 25,2023 0.
0
Mr. Chad Bieren,PE c
Public Works Director c
City of Kent z
220 Fourth Avenue South
Kent,WA 98032-5838
a�
RE: 76th Avenue S (South Phase)
0
2023-25 Transportation Budget—Capital Project c
State Funding
Dear Mr. Bieren:
c
WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding through
c
the 2023-25 State Transportation Budget. The state funding is limited as shown below: M
a�
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76th Avenue S(South Phase) $5,000,000
2023-25Available Funding: $5,000,000 a
Scope: Construct drainage and road improvements of 76th Ave South. Project begins south of the intersection N
of 76th Ave South and South 212th Street.
M
In order to meet state requirements,the following are required: y
■ Project expenditures incurred before receiving notice from Local Programs of state fund authorization M
are not eligible for reimbursement. a
■ Please refer to the Local Programs webpage for detailed authorization information, including: W
(http://www.wsdot.wa.gov/localpro rg ams/) Cn
✓ Local Agency Guidelines(LAG)manual for detailed requirements; co
✓ Transportation Improvement Program(TIP) and Statewide Transportation Improvement
Program(STIP) amendments, as applicable; Q
✓ Funding and billing forms; 45
✓ Local Project Report is required to be completed by the end of June and December each year.
To access the database you will need an account name and password. Your account name is c
Kent and your password is Kent291. The password is case sensitive. Y
L
As a reminder,Local Programs encourages all agencies to submit monthly progress billings to ensure timely r
reimbursement of eligible expenditures.
For assistance,please contact your Region Local Programs Engineer,Mehrdad Moini, at 206.440.4734 or
Mehrdad.Moinigwsdot.wa..og_v. °
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Sincerely,
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/Ja3��ye,
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N IP N
Director c
Local Programs E
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cc: Kelly McGourty, Transportation Director,PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer Q
Packet Pg. 128
8.G.d
Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E. G
P � P.D.Box 47300
Olympia,WA 98504-7300
360-705-7000 a)
TTY.1-800-833-6388 E
www.wsdot.wa.gov
May 19, 2023
c
Mr. Chad Bieren, PE �0
Public Works Director
City of Kent y
220 Fourth Avenue South
Kent, WA 98032-5838
RE: Meeker Street—Kent Elementary Separated Bikeway 0
2023-25 Pedestrian& Bicycle Safety Program o
State Funding
a�
c
Dear Mr. Bieren:
WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding through
the Pedestrian&Bicycle Safety program. The state funding is limited as shown below: `0
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a
as
Meeker Street—Kent Elementary Separated Bikeway $1,807,000 U
Scope: See attached project summary. Q
N
In order to meet state requirements,the following are required:
■ Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement. 3
■ Please refer to the Local Programs webpage for detailed authorization information, including: Y
(htips:Hwsdot.wa.gov/business-wsdot/support-local-pro rg ams) 00
✓ Local Agency Guidelines(LAG)manual for detailed requirements.
✓ Transportation Improvement Program(TIP) and Statewide Transportation Improvement
Program(STIP) amendments, as applicable.
✓ Funding and billing forms; and
✓ Local Project Report required to be completed by the end of June and December each year.
To access the database, you will need an account name and password. Your account name is
Kent and your password is Kent291. The password is case sensitive.
w
As a reminder,Local Programs encourages all agencies to submit monthly progress billings to ensure timely
reimbursement of eligible expenditures. Y
a
For assistance,please contact your Region Local Programs Engineer, Mehrdad Moini, at(206)440-4734 or
Mehrdad.Moini(cr�,wsdot.wa. og_v. 2
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as
Sincerely,
O
co
Jay Drye, PE
Director
Local Programs E
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cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer a
Packet Pg. 129
8.G.d
0
Project Summary
E
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Program: Pedestrian and Bicycle Program a
Date: May 2023 0
Agency: City of Kent o
Project Title: Meeker Street—Kent Elementary Separated Bikeway
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Project Description: Parking Barrier Near Crossings, Curb Extensions/Bulb-outs, Median Refuge Island,
Raised Crosswalk, Rectangular Rapid Flashing Beacon (RRFB), Lane Number Reductions, Pedestrian Scale
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Crossing Illumination, Pedestrian Scale Segment Illumination, Separated Bike Lane
z
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Detailed Project Description: o
1) On W Meeker St from —175' west of intersection of 64th Ave S with 68th Ave S and extending
—600' long (project is roughly from Starbucks to Burger King): a'
c
a. Reduce drive lanes to one in each direction
c
b. Develop two-way, separated bike lane (5' lanes each direction) on south side of roadway
for—600'
c. Install landscaped median with raised midblock crossing at Green River Court housing a,
i. Construct curb extension on north side of road and pedestrian island north of
separated bike lane
ii. Install RRFBs (3) and pedestrian scale illumination for crossing Q
d. Install pedestrian scale illumination along project extent C"
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Project Schedule:
Begin PE 10/23 Y
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Environmental Documents Approved 12/23
Right-of-Way Approved 01/24
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Estimated Contract Ad 03/24 Q'
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Estimated Contract Award Date 05/24
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Open to Traffic 10/24
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Design Complete (Design-only projects) E
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Project Cost and Award Amount:
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Phase Total Project Amount Requested Amount Awarded Y
Cost
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Preliminary Engineering $310,000 $47,000 $47,000
Right-of-Way $0 $0 $0 Y
m
Construction $2,300,000 $1,760,000 $1,760,000 m
Match $803,000 N/A N/A
Total $2,610,000 $1,807,000 $1,807,000 Cn
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Note: Local match is committed as shown above and may be applied in any of the project phases.
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Page 1 of 2 Q
Packet Pg. 130
8.G.d
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If you agree to the project summary described above, please sign below and return to Charlotte
Claybrooke or Brian Wood. m
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Concurrence: I agree to the project summary described above. o
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Approving Authority Name (Print):_Chad Bieren, Public Works Director c
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Approving Authority Signature:
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Date:_May 12, 2023 z
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Packet Pg. 131
8.G.e
Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E.
P � P.D.Box 47300
Olympia,WA 98504-7300
C
360-705-7000 O
TTY.1-800-833-6388
www.wsdot.wa.gov r_
May 19, 2023 Q.
to
C
Mr. Chad Bieren, PE
Public Works Director c
City of Kent c
220 Fourth Avenue South E
Kent, WA 98032-5838
a
as
RE: SR 99 Pedestrian Hybrid Beacon at 24800 to 25000 Block
2023-25 Pedestrian& Bicycle Safety Program 0
State Funding E
Dear Mr. Bieren:
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WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding through z
the Pedestrian&Bicycle Safety program. The state funding is limited as shown below: c
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SR 99 Pedestrian Hybrid Beacon at 24800 to 25000 Block $559,000
Scope: See attached project summary.
c
In order to meet state requirements,the following are required:
■ Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement.
■ Please refer to the Local Programs webpage for detailed authorization information, including:
(https:Hwsdot.wa.gov/business-wsdot/support-local-pro rg ams)
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✓ Local Agency Guidelines(LAG)manual for detailed requirements.
✓ Transportation Improvement Program(TIP) and Statewide Transportation Improvement
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Program(STIP) amendments, as applicable.
✓ Funding and billing forms; and
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✓ Local Project Report required to be completed by the end of June and December each year. w
To access the database, you will need an account name and password. Your account name is
Kent and your password is Kent291. The password is case sensitive. Y
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d
As a reminder,Local Programs encourages all agencies to submit monthly progress billings to ensure timely J
reimbursement of eligible expenditures. >,
For assistance,please contact your Region Local Programs Engineer, Mehrdad Moini, at(206)440-4734 or in
Mehrdad.Moini(cr�,wsdot.wa. og_v.
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Sincerely, a
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/a4e,IP
Director E
Local Programs
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cc: Kelly McGourty, Transportation Director, PSRC Q
Mehrdad Moini,Northwest Region Local Programs Engineer
Packet Pg. 132
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Project Summary o
Program: Pedestrian and Bicycle Program 0
Date: May 2023
Agency: City of Kent
Project Title:SR 99 Pedestrian Hybrid Beacon at 24800 to 25000 block 4-
0
r
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Project Description: Median Refuge Island, Pedestrian Countdown Signal, In-Street Stop Here For E
Pedestrian Sign, New Marked Crosswalk, Crossing Advance Stop Bars, Hybrid Beacon (HAWK),
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Pedestrian Scale Crossing Illumination, ADA Curb Ramps o
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Detailed Project Description: °
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1) Midblock on SR 99 between S 252"d St and S 248'St
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a. Pedestrian hybrid beacon N
b. 2 pedestrian countdown signals
c. Pedestrian refuge island r
d. Develop 2 curb ramps
e. Pedestrian scale lighting/illumination at the new crossing o
f. Marked crosswalk with pedestrian advance stop bars for both vehicular approaches
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Project Schedule: =a
Begin PE 9/23
Environmental Documents Approved 12/23
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Right-of-Way Approved 1/24
Estimated Contract Ad 9/24
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Estimated Contract Award Date 10/24 Q
Open to Traffic 6/25 cm
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Design Complete (Design-only projects)
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Project Cost and Award Amount: cn
Phase Total Project Amount Requested Amount Awarded
Cost Y
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Preliminary Engineering $81,000 $59,000 $59,000
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Right-of-Way $10,000 $0 $0 _,
Construction $530,000 $500,000 $500,000
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Total $621,000 $559,000 $559,000
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Match Provided $62,000
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If you agree to the project summary described above, please sign below and return to Charlotte ca.i
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Concurrence: I agree to the project summary described above. r
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Page 1 of 2
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Packet Pg. 133
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Approving Authority Name (Print):_Chad Bieren, Public Works Director
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Approving Authority Signature: %
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Aft
Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E.
P � P.D.Box 47300
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388 C
www.wsdot.wa.gov
May 19, 2023
Mr. Chad Bieren, PE
Public Works Director c
City of Kent c
220 Fourth Avenue South 0
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Kent,WA 98032-5838 N
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RE: Willis Street Road Diet
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2023-25 Connecting Communities Pilot Program
State Funding
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Dear Mr. Bieren:
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c
WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding through
the Connecting Communities Pilot Program. The state funding is limited as shown below:
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Willis Street Road Diet $683,000 a,
Scope: See attached project summary. �.
as
In order to meet state requirements, the following are required: a
■ Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement. M
■ Please refer to the Local Programs webpage for detailed authorization information, including:
(http://www.wsdot.wa.gov/localpro.rg ams/) Y
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✓ Local Agency Guidelines (LAG)manual for detailed requirements; r
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✓ Transportation Improvement Program(TIP) and Statewide Transportation Improvement
Program(STIP)amendments, as applicable;
✓ Funding and billing forms; Cn
N
✓ Local Project Report is required to be completed by the end of June and December each 2
year. To access the database you will need an account name and password. Your account 3
name is Kent and your password is Kent291. The password is case sensitive. E
E
As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure v
timely reimbursement of eligible expenditures.
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For assistance,please contact your Region Local Programs Engineer,Mehrdad Moini, at 206.440.4734 or
Mehrdad.Moinigwsdot.wa.gov. c
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Sincerely, c
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Director �o
Local Programs a
cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer
Packet Pg. 135
8.G.f
Project Summary
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Program: Connecting Communities Pilot Program
Date: 12/19/22 E
Agency: City of Kent
Project Title: Willis Street Road Diet o
Location: From 2nd Avenue S. to Central Avenue
c
If on a state route: (SR stands for state route, SRMP stands for state route milepost, ARM stands for o
accumulated route mileage—for more information, see: c
htt s://stor ma s.arc is.com/stories/3563eOl d9l b8444f875af320564fef7b N
SR: SRMP start: SRMP end: ARM star: ARM end:
SR 516 5.06 5.30 5.33 5.57
If not on a state route: (provide location references as available)
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Road/route name: Start cross End cross c
street/address/coordinates: street/address/coordinates:
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Phases Funded: Design, Construction
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Instructions: a
When filling in the following sections, address how the project will meet the following
expectations:
• Projects will need to provide facilities for people walking and bicycling at a level of traffic
stress of two (LTS 2) or better, consistent with the Complete Streets requirement for a
state transportation projects (see httns:Ilwsdot.wa.qov/construction-planning?/complete- N
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streets. M
https-Ilwsdot wa qov/publications/fulltext/ProiectDev/ProjectDeliveryMemos/Memo22- ,
03.pdf, Design Bulletin 2022-01 Designing of level of traffic stress (wa.gov)). The linear Y
facilities required may be provided in a parallel route if it offers a similar level of route
directness (see https-Ilwsdot.wa qov/sites/default/filesl2021-12lATP-2020-and-
Beyond.pdf). �
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• Grantees will be expected to describe how the project improves access by vulnerable
populations to a transit stop, community facility, commercial center, and/or community- U)
identified assets (for a definition of vulnerable populations, see
https-//app leg wa qov/RCW/default.aspx?cite=47.04.380).
• Grantees will be expected to make reasonable efforts to use minority and women-owned
businesses and community-based organizations in planning, community engagement, E
design, and/or construction of the project, and to provide information on results of these 0
efforts in final reporting on the project.
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1. Project Description: o
This project will include road reconfiguration, median channelization barrier, shoulders, U
ADA curb ramps, sidewalk, pedestrian median island, rectangular rapid flashing beacon, o
audible pedestrian signal, crosswalk markings, signs, and illumination. N
c
2. Project Background: E
The Willis Street Road Diet (SR 516) project will implement an active transportation project
conceived in the 2021 Kent Transportation Master Plan and further defined as a top project in r
the City's needs-based Local Road Safety Plan (LRSP 2022). The Kent TMP included a multi- Q
Page 1 of 4
Packet Pg. 136
8.G.f
year, community-representative and goals-focused program and project nomination process. A
needs-based safety analysis completed as part of the 2022 Kent LRSP, proposed design
elements include a marked crosswalk, median refuge island, and conversion of one westbound o
lane to accommodate the complete streets design. As proposed, the right-sizing of Willis Street
with a "road-diet" section, will maintain two east-bound travel lanes and one westbound travel E
lane for the regional arterial, converting the remaining westbound lane into a pedestrian refuge a
with RRFB-enhanced crossing. The project maintains projected levels of automobility while o
incorporating complete streets design and traffic operations directives making the corridor safer
0
and more comfortable for all users.
c
2nd Avenue South is the planned north-south Level of Traffic Stress-2 (LTS-2) corridor for
downtown Kent south of the historic center—connecting with city hall and the commercial center
of town, transit center, and Sounder rail station. The combined design elements will implement
an LTS-2 level crossing and facility along the corridor, significantly improving the route
directness between the neighborhood and these community assets. Willis Street terminates at °f
Central Avenue, and the base of the steep east hill, at which point SR 516 continues north along 0
Central Avenue, adjacent to a commercial area before continuing east and up the East Hill of .�
Kent. The east-west LTS designated route through this area is parallel to Willis Street, via
Meeker and Gowe streets in the central district of town, and via the Green River shared-use-
path trail south of Willis Street. No east-west bike path is planned on this portion of Willis Street,
specifically, as there are limited community destinations immediately east and steep topography
of the hill adjacent to the east is restrictive of further development. a�
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A wider buffer area between the edge of sidewalk and travel lanes will improve the pedestrian
experience through the corridor from the current LTS-3 to LTS-2. The RRFB-enhanced a
crosswalk with median refuge at 2nd Avenue S. will enhance the cross-corridor movement from
an LTS-3 to LTS-2 for both bikes and pedestrians, more directly reconnecting the Kent South o
Park neighborhood to the historic Kent CBD and centralized transit space.
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Willis Street also crosses two key rail corridors. In planning discussions with the owner- Y
operators, BNSF and Union Pacific rail companies, each also expressed interest in reducing the r
number of crossings or total number of lanes crossing the rail corridors. And where this project J
would also move the system toward that shared goal, the added permitting, coordination and r
development discussions with the railroad can also entail extended timeframes. The project 2
schedule reflects the added time and complexity—with a construction date estimated as early-
to mid-2025. No additional right-of-way is needed.
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The Willis Street (SR 516) project improves upon several needs: E
• Fills gaps in active transportation network both along and across the corridor, that will 0
connect an area of town with high poverty rates and other vulnerable population 0,
demographics noted above to the central employment center and better access to
transit, two groceries, and social services. The improvement is represented through an
enhanced cross-level of traffic stress for pedestrians and cyclists (LTS 2). o
• Provides ADA-accessible facilities near essential goods and services and in L)
neighborhood that has one of the highest rates of people with disabilities in the N
community, region, and state (12.7%), as well as greater rates for five other possible CD
demographic categories defining a population as vulnerable under state and local policy
noted above. E
• Reduce active transportation mode exposure to safety risk in an area with above
average history of serious or fatal crashes. r
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Project Benefits for Vulnerable Populations:
The project is situated at the edge of the South Park neighborhood of Kent and noted as census
tract 297.01. Considering demographics-based needs, this tract is significantly above regional 0
and state average for a number of measures including: the % population that are people of color
(45%) are greater, a higher percent of the population with a disability (12.7%) than the region E
and state, a lower homeownership rates than the regional and state average (40%), lower a
median household income than the region and state ($58,545), a higher percentage of zero-car o
households (17.3%), and higher limited English proficiency than the regional and state average c
(17.8%). When considering categories of need, Washington State has designated the area a 10
out of possible 10 on their mapping scale, for both socioeconomic factors as well as
environmental health disparities. Similarly, the area is designated as Overburdened by
Washington state, as well as historically Disadvantaged by the USDOT. Similarly, via its
Transportation Master Plan (TMP) representative advisory group, the City also defined the area
as an Underserved Community through a similar combination of socioeconomic and
environmental factors — leading to prioritizing transportation projects that serve the area.
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3. Detailed Project Description:
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1. Linear improvement on Willis Street between 2nd Ave S and Central Ave S:
a. Road reconfiguration, restriping to provide two east-bound travel lanes and one
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westbound travel lane.
b. Construct raised median channelization barrier curb (6+ inches tall and 2 ft wide)
for the length of the project
c. Add shoulders, 4-5 ft wide, on both sides of the street a
d. ADA curb ramp retrofits r
e. Fill sidewalk gaps M
2. On Willis Street between 1st Ave Sand Railroad Ave S install:
a. 8 ft wide sidewalk on both sides of the street
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3. At the intersection of Willis Street and 2Ave S install: Y
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a. Pedestrian median refuge and crossing island
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b. ADA-Compliant rectangular rapid flashing beacon system _J
c. High visibility crosswalk markings with advanced stop bars
d. Pedestrian scale illumination at the pedestrian crossing N
e. ADA curb ramp retrofits
f. Bicycle wayfinding signs
4. At the intersections of Willis Street and 1 st Ave S, Railroad Ave, and Bridges Ave provide ;
high visibility crosswalk markings for the east-west crosswalks and provide appropriate E
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pedestrian warning signs.. 0
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Packet Pg. 138
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4. Project Schedule:
Begin Planning 6/2022
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Planning Complete 6/2023
Begin PE 6/2023 E
Design Complete 12/2024 a
Environmental Documents Approved 12/2024 0
Right-of-Way Approved 12/2024 0
Estimated Contract Ad 1/2025
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Estimated Contract Award Date 2/2025
Open to Users 9/2025
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5. Project Cost and Award Amount:
Phase Total Project Amount Amount Awarded 0
Cost Requested
Grant Match $0 $0 $0 c
Planning $0 $0 $0
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Community Engagement $8,000 $0 $0
Preliminary Engineering $132,000 $60,000 $60,000
Right-of-Way $0 $0 $0
Construction $850,000 $623,000 $623,000 a
Total $990,000 $683,000 $683,000
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If you agree to the project summary described above, please sign below and return to Celeste
Gilman and Barb Chamberlain. Y
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Concurrence: I agree to the project summary described above. J
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Approving Authority Name (Print):
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Kelly Peterson, AICP
Deputy Director-Engineering E
Kent Public Works 0
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Approvin honty Signature: _
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Date: 3/31/2023 CD
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Page 4 of 4
Packet Pg. 139
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Washington State Transportation Building
•, De artment of Trans rtation 310 Maple Park Avenue S.E.
P � P.D.Box 47300
Olympia,WA 98504-7300
360-705-7000 2
TTY.1-800-833-6388
www.wsdot.wa.gov
May 19, 2023 N
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Mr. Chad Bieren, PE
Public Works Director o
City of Kent
220 Fourth Avenue South E
Kent, WA 98032-5838 a
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RE: Meeker Street and 64th Ave S Transit&Non-Motorized Intersection Improvements c
2023-25 Safe Routes to School Program a,
Federal Funding E
Dear Mr. Bieren:
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WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding
through the 2023-25 Safe Routes to School program. The federal funding is limited as shown below: o'
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Meeker Street and 64th Ave S Transit&Non-Motorized Intersection Improvements $1,880,000
Scope: See attached project summary. c
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In order to meet state and federal requirements,the following are required:
■ Project expenditures incurred before receiving notice from Local Programs of state fund c
authorization are not eligible for reimbursement. M
■ Please refer to the Local Programs webpage for detailed authorization information, including: a
(http://www.wsdot.wa.gov/localpro.ram/)
✓ Local Agency Guidelines(LAG)manual for detailed requirements; Q
✓ Transportation Improvement Program(TIP) and Statewide Transportation Improvement N
Program(STIP) amendments, as applicable;
✓ Funding and billing forms;
✓ Local Project Report is required to be completed by the end of June and December each
year. To access the database you will need an account name and password. Your account Y
name is Kent and your password is Kent291. The password is case sensitive.
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As a reminder,Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
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For assistance,please contact your Region Local Programs Engineer, Mehrdad Moini, at(206)440-4734
or Mehrdad.Moini(cr�,wsdot.wa. og_v.
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Sincerely,
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e,IP N
Director
Local Programs E
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cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini,Northwest Region Local Programs Engineer a
Packet Pg. 140
8.G.g
Project Summary o
Program:Safe Routes To School 0
Date: May 2023
Agency: City of Kent
Project Title: Meeker Street and 64th Ave S Transit and Non-Motorized Intersection Improvements --
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Project Description: Curb extensions/bulb-outs, new marked crosswalk, crossing advance stop bars, E
pedestrian countdown signal, leading pedestrian intervals, pedestrian signal phase separated from left
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turn phase, lane width reduction, lane number reductions, pedestrian scale crossing illumination, and o
ADA curb ramps.
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Detailed Project Description:
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1) At the intersection of West Meeker Street and 64th Avenue South install:
a. Curb extensions (3),SE, NE and NW corners
b. Lane reduction (from two through-lanes to one through-lane, both directions of Meeker
St at intersection and for—150' either side of the intersection �
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c. ADA curb ramps (larger with curb bulbs at SE and NW corners; replace corner treatment o
with ADA compliant, larger ramp on NE corner).
d. Signal modification: Pedestrian countdown signal; Pedestrian signal phase separated
from left turn phase; Leading pedestrian interval
e. Pedestrian scale crossing illumination
f. High visibility marked crosswalk
g. Crossing advance stop bars a,
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Project Schedule: U
Begin PE 10/23 Q
Environmental Documents Approved 12/23
Right-of-Way Approved 01/24
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Estimated Contract Ad 03/24
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Estimated Contract Award Date 05/24
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Open to Traffic 10/24 J
Design Complete (Design-only projects) °f
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Project Cost and Award Amount: Li
Phase Total Project Amount Requested Amount Awarded i
Cost
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Preliminary Engineering $377,000 $0 $0 LL
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Right-of-Way $0 $0 $0
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Construction $2,087,040 $1,880,000 $1,880,000 N
Match $584,000 N/A N/A CN
Total $2,464,000 $1,880,000 $1,880,000
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Note: Local match is committed as shown above and may be applied in any of the project phases. v
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Page 1 of 2
Packet Pg. 141
8.G.g
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If you agree to the project summary described above, please sign below and return to Charlotte .
Claybrooke or Brian Wood.
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Concurrence: I agree to the project summary described above.
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Approving Authority Name (Print):_Chad Bieren, Public Works Director
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Approving Authority Signature:
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Date:_May 12, 2023 0
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Page 2 of 2
Packet Pg. 142
8.H
•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: Condemnation Ordinance - Reith Road Roundabout Project
- Adopt
MOTION: I move to adopt Ordinance No. 4471, authorizing the
condemnation of property rights necessary to construct the Reith Road
Roundabout Project.
SUMMARY: The City must acquire property rights from three property owners to
construct the Reith Road Roundabout Project ("Project"). The Project will convert
the existing stop sign controlled intersections at Reith Road & S. 253rd Street and
Reith Road & Lake Fenwick to compact roundabouts. This Project will help to:
reduce vehicle speeds, reduce crash frequency and severity, and improve the
pedestrian crossings at these intersections.
Staff has been making efforts to communicate with impacted property owners.
Litigated condemnation proceedings would be a last resort, and the City is making
every reasonable effort to avoid formal condemnation; however, to maintain the
schedule necessary for completion of the Project, condemnation proceedings may
become necessary if negotiation efforts fail. Having the condemnation ordinance in
place at this time will reduce the time required to file condemnation proceedings
later should it become necessary.
As required by state law, notice of Council's anticipated consideration of the
ordinance was mailed to the affected property owners on June 29, 2023. Notice has
also been published in the Kent Reporter.
BUDGET IMPACT: Property acquisition will be paid out of the Project Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
Packet Pg. 143
8.H
1. Notice letters (PDF)
2. Ordinance 4471 - Reith Road Condemnation Ordinance (PDF)
Packet Pg. 144
CITY CLERK
Kimberley A. Komoto
KEN T City Clerk
WASHINGTON 220Fourth Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
June 29, 2023 .
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VIA CERTIFIED AND REGULAR MAIL '
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Hoang Hoang Khang Tan Paul Kogita and Gloria Lee GEP X West Hill, LLC
Hao Q. Tan 25227 Reith Road Attn: A. Joshua Carper
4327 S. 253rd St. Kent, WA 98032 465 Meeting St., Ste. 500 0
Kent, WA 98032 Charleston, SC 29403-4832 c
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NOTICE OF PLANNED FINAL ACTION c
City of Kent Eminent Domain Proceedings v
Subject Properties: m
Owners as shown on King County Tax Roll: o
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Tan 4327 S. 253rd St. Kent, WA; 289510-0180
Kogita/Lee 25227 Reith Road, Kent, WA; 289511-0020 �°
GEP X West Hill, LLC 24849 46th Ave. S., Kent, WA 222204-9018
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NOTICE IS HEREBY GIVEN that the City Council of the City of Kent will consider taking final �°,
action by approval and passage of a condemnation ordinance that will authorize the City
Attorney or designee to commence eminent domain (condemnation) proceedings against the 0
above-described subject properties, in whole or in part.
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The purpose of this action is to acquire right-of-way and other property and property rights
necessary to construct the Reith Road Roundabout Project. A draft copy of the proposed cM,
condemnation ordinance is attached to this notice.
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The City's Committee of the Whole will consider whether to recommend condemnation at its
meeting on Tuesday, July 18, 2023, at 4:00 p.m. If condemnation is recommended, the
full City Council will consider the proposed condemnation ordinance at its meeting on
Tuesday, July 18, 2023, at 7:00 p.m. Both meetings will occur in the Kent City Council .2
Cha tiers, located at 2 Fo z
u h Avenue South, in the City of Kent, Washington. °
14-1 c
Kimberley A Komoto, Kent Jerk
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Enclosure: a
• Draft Condemnation Ordinance with Exhibits A-F(legal descriptions and depictions of
affected property
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Y City of Kent Administration
!Mayor Dana Ralph Arthur"Pat" Fitzpatrick, Chief Administration Officer
Packet Pg. 145
8.H.a
I, Kimberley A. Komoto, declare as follows:
1. I am a citizen of the United States of America, a resident of the State of
Washington, over the age of 18 years, not a party to the above-entitled action,
competent to be a witness herein, and have personal knowledge of the facts
stated below.
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2. I am employed as the City Clerk for the City of Kent. Q
3. On June 29, 2023, and in the manner indicated below, I mailed the foregoing
Notice of Planned Final Action, and a draft copy of the proposed condemnation
ordinance, to the following individuals or entities:
0
Hoang Hoang Khang Tan Paul Kogita and Gloria Lee 0
Hao Q. Tan 25227 Reith Road
4327 S. 253,d St. Kent, WA 98032 r_
Kent, WA 98032
[X] By U.S. Mail - First Class, Postage Pre-Paid
[X] By U.S. Mail - First Class, Postage Pre-Paid [X] By U.S. Mail - Certified Mail/Return Receipt
[X] By U.S. Mail - Certified Mail/Return Receipt Requested, Postage Pre-Paid. 0
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Requested, Postage Pre-Paid. Article #
Article # [ ] By Facsimile:
[ ] By Facsimile: [ ] By Email: 0
[ ] By Email: d
GEP X West Hill, LLC 0
Attn: A. Joshua Carper
465 Meeting St., Ste. 500 c
Charleston, SC 29403-4832
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[X] By U.S. Mail - First Class, Postage Pre-Paid
[X] By U.S. Mail - Certified Mail/Return Receipt 0
Requested, Postage Pre-Paid.
Article #
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[ ] By Facsimile:
[ ] By Email:
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DATED this 29th day of June, 2023
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Kimberley Komoto Z
Kent City Perk
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Packet Pg. 146
8.H.a
ORDINANCE NO. 0
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AN ORDINANCE of the City Council of the c
City of Kent, Washington, providing for the o
acquisition by eminent domain of real property
needed for the construction of the Reith Road °
Roundabout Project. This ordinance provides for the
condemnation, appropriation, taking, and damaging
of real property necessary for that project and o
provides for the payment thereof out of the Reith U
Road Roundabout Project fund (Fund No. R20123). a
This ordinance also directs the City Attorney to 0
prosecute the appropriate legal condemnation a
proceedings in King County Superior Court, to retain 0
any legal counsel required, and to enter into
settlements, stipulations, or other agreements as
may be necessary.
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RECITALS
A. The purpose of the Reith Road Roundabout Project (the
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"Project") is to convert the existing stop sign controlled intersections at Reith
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Road & S. 253rd Street and Reith Road & Lake Fenwick to compact
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roundabouts. This Project will help to reduce vehicle speeds, reduce crash
frequency and severity, and improve the pedestrian crossings at these Z
intersections.
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B. To complete the Project, the City must acquire certain property M
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and/or property rights on several parcels of land. a
C. City staff will continue their efforts to acquire the property
necessary for this public use by negotiation and settlement agreements;
however, timing is critical because of funding deadlines and Project
1 Condemnation Ordinance -
Reith Road Roundabout Project
Packet Pg. 147
8.H.a
construction costs that continue to rise due to an increase in property values
and inflation.
D. If the necessary property rights cannot be acquired through
negotiations, it is essential that the City be prepared to initiate
condemnation proceedings so that the Project can be timely constructed.
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E. Prior to Council's action on this ordinance, the City provided the Q
requisite notice to the affected property owners in the manner provided for
in RCW 8.12.005 and RCW 8.25.290.
F. The public use and necessity require that the property and o
property rights identified herein be condemned, appropriated, and taken for c
public use by the City for such purposes as it may now or hereafter declare
in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, L)
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE o
SECTION 1. - Public Use and Necessity Declared. After receiving
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the report of City staff, and after reviewing the planned improvements for
the Reith Road Roundabout Project (the 'Project"), the City Council finds c
and declares that the public convenience, use, health, safety, and necessity
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demand that the City of Kent condemn, appropriate, take, and damage
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certain real property located in King County, Washington, in order to acquire M
the necessary real property and/or property rights for the construction of
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the Project, including all necessary appurtenances. The property to be a�
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acquired or which property rights are to be acquired is legally described and
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depicted in Exhibits A through F (collectively, the "Property"). The precise Z
scope of the taking may change if engineering requires modification of
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present plans, and such changes are hereby authorized. The purposes for U
which this condemnation is authorized shall include, without limitation, all a
acts necessary to complete the construction, extension, improvement,
widening, alteration, maintenance, and reconstruction of the Project, and
2 Condemnation Ordinance -
Reith Road Roundabout Project
Packet Pg. 148
8.H.a
any other municipal purpose that may be necessary from time to time on
the Property.
SECTION 2. - Condemnation Authorized. The City Council
authorizes the acquisition by condemnation of all or a portion of the
Property as may be necessary for the construction, extension, 0
improvement, widening, alteration, maintenance, and reconstruction of the Q
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Project, together with all necessary appurtenances and related work to
make a complete improvement according to City standards.
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SECTION 3. - Condemnation Procedures and Proceedings. The City 0
shall condemn the Property only upon completion of all steps and procedures E
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required by applicable federal or state law or regulations, and only after just o
compensation has first been made or paid into court for the owner or owners
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in the manner prescribed by law. o
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SECTION 4. - Project Fund. The City shall pay for the entire cost of
the acquisition of the Property by condemnation through the City's Project
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fund or from any of the City's general funds, if necessary, as may be W
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provided by law. �°
SECTION 5. - City Attorney Authorized. The City Attorney or
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designee is authorized and directed to commence condemnation M
proceedings as provided by law that are necessary to acquire the Property
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as the Project requires. The City Attorney is specifically authorized to retain a�
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any legal counsel or other expert as may be needed, and to sign any retainer
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or other agreement that may be required. In commencing these Z
condemnation proceedings, the City Council authorizes the City Attorney to
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enter into settlements, stipulations, or agreements in order to minimize U
damages. These settlements, stipulations, or agreements may include, but a
are not limited to, the amount of just compensation to be paid, the size and
dimensions of the Property condemned, and the acquisition of temporary
3 Condemnation Ordinance -
Reith Road Roundabout Project
Packet Pg. 149
8.H.a
construction easements and other property interests as the City Attorney
may determine are required.
SECTION 6. - Ratification. Any acts consistent with the authority of
this ordinance and prior to its effective date are ratified and affirmed.
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SECTION 7. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance o
and the same shall remain in full force and effect. c
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SECTIONS. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law. 0
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DANA RALPH, MAYOR Date Approved 0
ATTEST:
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published M
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY Z
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4 Condemnation Ordinance -
Reith Road Roundabout Project
Packet Pg. 150
8.H.a
EXHIBIT_A
TAX LOT 2895100180
THAT PORTION OF LOT 19, GREEN VALLEY HEIGHTS NO.6, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 85 OF PLATS, PAGES 59 THROUGH 60, RECORDS
OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE ,
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., -°a
LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: Q
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE
c
NORTH LINE THEREOF S78048'18"E 0.74 FEET TO A POINT ON THE SOUTH LINE OF
ROAD "B" RIGHT OF WAY AS DESCRIBED IN AFN 7808090866, SAID POINT BEING ON A =a
120.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, O
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°36'06", AN ARC DISTANCE c
OF 32.68 FEET TO THE POINT OF BEGINNING OF SAID LINE DESCRIPTION; THENCE
S25022'23"E 5.40 FEET; THENCE S12°43'14"W 14.10 FEET TO THE TERMINUS OF SAID
LINE DESCRIPTION; SAID TERMINUS BEING ON THE NORTHWESTERLY LINE OF AFN
8710200049. o
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CONTAINING 101 SQUARE FEET, MORE OR LESS. m
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SOU-H 253RD Sr �-`� - 0
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0.74'
R=120'
L=15°36'06" \\
L=32.68' P.O.B.
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PARCEL 5.40'J O a
# 2895100170 PARCEL
# 2895100180 /(LOT 18) 101 SQ.F pT ' 0
(LOT 19) tv
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Project 4 22-3005
IMPORTANT:
THIS IS NOT A SURVEY.IT IS RIGHT OF WAY
FURNISHED AS A CONVENIENCE TO N
LOCATE THE LAND INDICATED HEREON PORTION H AQUISITION
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OF SEC r
WITH REFERENCE TO STREETS AND THE SW
1/4 OF THESE d
2,TOWNSHIP 22 , KENT DRAWN BY: GM
OTHER LAND.NO LIABILITY IS ASSUMED RANGE 4 E,W.M. "'""'• EXHIBIT y
BY REASON OF RELIANCE HEREON- CITY OE KENT SCALE: 1"=20' V
LAND SURVEY SECTION A 1
DATE: 05/12/2023 O
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EXHIBIT_B
TAX LOT 2895100180
THAT PORTION OF LOT 19, GREEN VALLEY HEIGHTS NO.6, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 85 OF PLATS, PAGES 59 THROUGH 60, RECORDS
OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE ,
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., -°a
LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: Q
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE
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NORTH LINE THEREOF S78048'18"E 0.74 FEET TO A POINT ON THE SOUTH LINE OF
ROAD "B" RIGHT OF WAY AS DESCRIBED IN AFN 7808090866, SAID POINT BEING ON A =a
120.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, O
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06026'22", AN ARC DISTANCE c
OF 13.49 FEET TO THE POINT OF BEGINNING OF SAID LINE DESCRIPTION; THENCE
S14012'40"E 34.07 FEET TO THE TERMINUS OF SAID LINE DESCRIPTION; SAID
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TAX LOT 2895110020
THAT PORTION OF LOT 2, REPLAT OF A PORTION OF GREEN VALLEY HEIGHTS NO.6,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 108 OF PLATS, PAGES 1
THROUGH 2, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE ,
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 0
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NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF THE FOLLOWING Q
DESCRIBED LINE:
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SOUTH LINE THEREOF S78048'18"E 9.44 FEET TO A 180.00 FOOT RADIUS, CIRCULAR =a
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CENTRAL ANGLE OF 14037'44", AN ARC DISTANCE OF 45.96 FEET TO THE POINT OF c
BEGINNING OF SAID LINE DESCRIPTION; THENCE S85°59'18"E 30.72 FEET; THENCE
N60019'17"E 0.56 FEET TO A 19.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
30°16'30", AN ARC DISTANCE OF 10.04 FEET TO A 265.00 FOOT RADIUS, COMPOUND o
CURVE TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A c�
CENTRAL ANGLE OF 11°33'49", AN ARC DISTANCE OF 53.48 FEET TO A POINT ON THE m
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OTHER LAND.NO LIABILITY IS ASSUMED RANGE 4 E,W.M. w" H-111 EXHIBIT
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LAND SURVEY SECTION DATE: 05/12/2023 C-I r
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EXHIBIT_D
TAX LOT 2895110020
THAT PORTION OF LOT 2, REPLAT OF A PORTION OF GREEN VALLEY HEIGHTS NO.6,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 108 OF PLATS, PAGES 1
THROUGH 2, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 c
NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF THE FOLLOWING Q
DESCRIBED LINE: '
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COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE
SOUTH LINE THEREOF S78048'18"E 9.44 FEET TO A 180.00 FOOT RADIUS, CIRCULAR
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CENTRAL ANGLE OF 03025'27", AN ARC DISTANCE OF 10.76 FEET TO THE POINT OF c
BEGINNING OF SAID LINE DESCRIPTION; THENCE N45°48'06"E 41.12 FEET; THENCE r
S28040'31"E 15.06 FEET; THENCE S58°25'22"E 26.23 FEET; THENCE N30000'08"E 92.91 E
FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 2, SAID POINT BEING THE
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BY REASON OF RELIANCE HEREON. CITY OF�KL;NT SCALE: 1"=30' D-1
LAND SURVEY SECTION DATE: 05/12/2 223
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TAX LOT 2222049018
THAT PORTION OF PARCEL A DESCRIBED BELOW, LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
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COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A; THENCE -°a
ALONG THE EASTERLY LINE THEREOF, S5°44'06"E 20.70 FEET TO THE POINT OF a
BEGINNING; THENCE N35105'32"W 28.70 FEET TO A 406.74 FOOT RADIUS, NON-
TANGENT CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID
CURVE BEARS S14010'28"W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL S
ANGLE OF 06002'42", AN ARC LENGTH OF 42.91 FEET; THENCE N08107'47"E 1.00 0`
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"A" RIGHT-OF-WAY AS CONVEYED TO THE CITY OF KENT BY DEED RECORDED o
UNDER RECORDING NUMBER 7110060365, RECORDS OF KING COUNTY, a
WASHINGTON, AND WESTERLY OF THE WESTERLY MARGIN OF LAKE FENWICK 0
ROAD (J.L. REITH ROAD NO. 2266), AND WESTERLY OF ROAD "B" RIGHT-OF-WAY
AS CONVEYED TO THE CITY OF KENT BY SAID DEED.
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THE N 112 OF THE SE 1/4 a+
WITH REFERENCE TO STREETS AND OF SEC 22,TOWNSHIP 22 N, KENT DRAWN BY: TLM
OTHER LAND.NO LIABILITY IS ASSUMED �+ EXHIBIT
BY REASON OF RELIANCE HEREON. RANGE 4 E,W.M. CITY OF KENT SCALE: 1"=20' E-1 V
LAND SURVEY SECTION DATE: 05/12/2023 �+
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EXHIBIT F
TAX LOT 2222049018
THAT PORTION OF PARCEL A DESCRIBED BELOW, LYING NORTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
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COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A; THENCE -°a
ALONG THE EASTERLY LINE THEREOF, S05044'06"E 78.64 FEET TO THE POINT OF a
BEGINNING; THENCE S84°15'54"W 15.00 FEET; THENCE N05044'06"W 28.67
FEET TO A 55.01 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 75009'23", AN ARC DISTANCE OF S
72.16 FEET TO A 392.74 FOOT RADIUS, COMPOUND CURVE TO THE LEFT; THENCE
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27022'45", AN ARC c
DISTANCE OF 187.67 FEET; THENCE N18057'40"W 15.00 FEET TO THE NORTHERLY r
LINE OF SAID PARCEL A AND THE TERMINUS OF THE HEREIN DESCRIBED LINE.
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THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION
22, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, m
IN KING COUNTY, WASHINGTON, LYING EASTERLY AND SOUTHERLY OF THE ROAD o
"A" RIGHT-OF-WAY AS CONVEYED TO THE CITY OF KENT BY DEED RECORDED a
UNDER RECORDING NUMBER 7110060365, RECORDS OF KING COUNTY, c
WASHINGTON, AND WESTERLY OF THE WESTERLY MARGIN OF LAKE FENWICK
ROAD (J.L. REITH ROAD NO. 2266), AND WESTERLY OF ROAD "B" RIGHT-OF-WAY
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WITH REFERENCE TO STREETS AND OF SEC 22,TOWNSHIP 22 N, KENT DRAWN BY: TLM Q�
OTHER LAND.NO LIABILITY IS ASSUMED RANGE 4 E,W.M. EXHIBIT
BY REASON OF RELIANCE HEREON. CITY OP�KENT SCALE: 1"=40' F-1
LAND SURVEY SECTION DATE: 05/12/2023 C1
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ORDINANCE NO. 4471
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AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the 0
acquisition by eminent domain of real property
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needed for the construction of the Reith Road ;
Roundabout Project. This ordinance provides for the 0
condemnation, appropriation, taking, and damaging
of real property necessary for that project and o
provides for the payment thereof out of the Reith
Road Roundabout Project fund (Fund No. R20123). c
This ordinance also directs the City Attorney to
prosecute the appropriate legal condemnation
proceedings in King County Superior Court, to retain
any legal counsel required, and to enter into
settlements, stipulations, or other agreements as o
may be necessary.
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RECITALS O
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A. The purpose of the Reith Road Roundabout Project (the
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"Project") is to convert the existing stop sign controlled intersections at Reith
Road & S. 253rd Street and Reith Road & Lake Fenwick to compact U
roundabouts. This Project will help to reduce vehicle speeds, reduce crash o
frequency and severity, and improve the pedestrian crossings at these
intersections.
B. To complete the Project, the City must acquire certain property
and/or property rights on several parcels of land.
C. City staff will continue their efforts to acquire the property c
necessary for this public use by negotiation and settlement agreements; pL
however, timing is critical because of funding deadlines and Project
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construction costs that continue to rise due to an increase in property values .°a
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and inflation.
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D. If the necessary property rights cannot be acquired through
negotiations, it is essential that the City be prepared to initiate o
condemnation proceedings so that the Project can be timely constructed. c
E. Prior to Council's action on this ordinance, the City provided the c
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requisite notice to the affected property owners in the manner provided for
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in RCW 8.12.005 and RCW 8.25.290. L)
F. The public use and necessity require that the property and
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property rights identified herein be condemned, appropriated, and taken for a
public use by the City for such purposes as it may now or hereafter declare �0
in the public interest.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF 0
KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
as
ORDINANCE
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SECTION 1. - Public Use and Necessity Declared. After receiving
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the report of City staff, and after reviewing the planned improvements for
the Reith Road Roundabout Project (the "Project"), the City Council finds o
and declares that the public convenience, use, health, safety, and necessity c
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demand that the City of Kent condemn, appropriate, take, and damage
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certain real property located in King County, Washington, in order to acquire
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the necessary real property and/or property rights for the construction of
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the Project, including all necessary appurtenances. The property to be �0
acquired or which property rights are to be acquired is legally described and
depicted in Exhibits A through F (collectively, the "Property"). The precise
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scope of the taking may change if engineering requires modification of
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present plans, and such changes are hereby authorized. The purposes for
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which this condemnation is authorized shall include, without limitation, all
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acts necessary to complete the construction, extension, improvement,
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widening, alteration, maintenance, and reconstruction of the Project, and .0
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any other municipal purpose that may be necessary from time to time on
the Property. CU
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SECTION 2. - Condemnation Authorized. The City Council
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authorizes the acquisition by condemnation of all or a portion of the
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Property as may be necessary for the construction, extension,
improvement, widening, alteration, maintenance, and reconstruction of the 0
Project, together with all necessary appurtenances and related work to
make a complete improvement according to City standards. &-
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SECTION 3. - Condemnation Procedures and Proceedings. The City
shall condemn the Property only upon completion of all steps and procedures o
required by applicable federal or state law or regulations, and only after just
compensation has first been made or paid into court for the owner or owners W
in the manner prescribed by law.
SECTION 4. - Project Fund. The City shall pay for the entire cost of o
the acquisition of the Property by condemnation through the City's Project
fund or from any of the City's general funds, if necessary, as may be
provided by law. o
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SECTION 5. - City Attorney Authorized. The City Attorney or
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designee is authorized and directed to commence condemnation
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proceedings as provided by law that are necessary to acquire the Property
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as the Project requires. The City Attorney is specifically authorized to retain W
any legal counsel or other expert as may be needed, and to sign any retainer
or other agreement that may be required. In commencing these
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condemnation proceedings, the City Council authorizes the City Attorney to
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enter into settlements, stipulations, or agreements in order to minimize
damages. These settlements, stipulations, or agreements may include, but
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are not limited to, the amount of just compensation to be paid, the size and o
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3 Condemnation Ordinance -
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dimensions of the Property condemned, and the acquisition of temporary
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construction easements and other property interests as the City Attorney
may determine are required.
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SECTION 6. - Ratification. Any acts consistent with the authority of c
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this ordinance and prior to its effective date are ratified and affirmed. c
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SECTION 7. - Severability. If any one or more section, subsection, L)
or sentence of this ordinance is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this ordinance a
and the same shall remain in full force and effect. �0
SECTION 8. - Effective Date. This ordinance shall take effect and be 0
in force 30 days from and after its passage, as provided by law. c
July 18, 2023
DANA RALPH, MAYOR Date Approved
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ATTEST: as
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July 18, 2023 0
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c
July 21, 2023
Date Published
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APPROVED AS TO FORM: v
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TAMMY WHITE, CITY ATTORNEY
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THAT PORTION OF LOT 19, GREEN VALLEY HEIGHTS NO.6, ACCORDING TO THE PLAT r-
THEREOF, RECORDED IN VOLUME 85 OF PLATS, PAGES 59 THROUGH 60, RECORDS o
OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE r-
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: c
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COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE c
NORTH LINE THEREOF S78048'18"E 0.74 FEET TO A POINT ON THE SOUTH LINE OF
ROAD "B" RIGHT OF WAY AS DESCRIBED IN AFN 7808090866, SAID POINT BEING ON A
120.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, o
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15036'06", AN ARC DISTANCE a`
OF 32.68 FEET TO THE POINT OF BEGINNING OF SAID LINE DESCRIPTION; THENCE
S25022'23"E 5.40 FEET; THENCE S12043'14"W 14.10 FEET TO THE TERMINUS OF SAID -0
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OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE r-
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LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: c
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COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE c
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ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06026'22", AN ARC DISTANCE a`
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8.1
•
KENT
W A S M I N G T O N
DATE: July 18, 2023
TO: Kent City Council
SUBJECT: 2023 — 2024 Property Insurance Renewal — Approve and
Ratify
MOTION: I move to approve the City's renewal of its property, crime, and
drone insurance coverage for July 1, 2023 through June 30, 2024, subject
to final terms and conditions acceptable to the City's Risk Manager, and
ratify all prior acts consistent with this motion.
SUMMARY: The City's various insurance coverages renew twice each year. In July,
the City's property, crime & fidelity, and drone insurance coverage renews, and in
January, the City's liability, workers' compensation, and cyber liability insurance
coverage renews. This item addresses only the property, crime & fidelity, and drone
insurance coverage that renews in July.
Prior to each renewal period, the City works with the City's insurance broker,
Alliant, to prepare its renewal application and other supporting documentation. For
property insurance renewals, the City provides its statement of values, and for
liability insurance renewals, the City provides a status update of its outstanding
liability claims. For the coverages that renewed in July, the following is a brief
explanation of the major changes over last year. The City's property insurance
premiums increased 34%; this accounts for a 6% increase in insured values. The
coverage and policy limits remain the same, however, there was a slight change in
the different companies or combination of companies maintaining the different
layers of coverage. (See page 4 of the PowerPoint presentation.) There was also an
increase to the drone insurance premiums, which can be attributed to the market
preparing for future losses.
The HR Department requests Council approve renewal of the City's property, crime,
and drone insurance coverage, subject to the following premium costs:
Property insurance coverage $1,061,329.50
a $269,145.90 increase over last year's premium
Crime insurance coverage $9,040.60
A slight reduction ($15.30) from last year's premium
Unmanned aerial (drones) coverage $4,507.55
Packet Pg. 179
8.1
A $402.05 increase over last year's premium
The biggest percentage increase is in the rate for property insurance coverage. This
increase is largely attributable to two main causes. First, construction cost trends-
the cost of materials and supply chain issues have subsided, but the shortage of
workers and the need to increase wages is impacting the cost of both existing and
new bids. Secondly, the insurance industry continues to sustain catastrophic losses.
In 2022, the insurance industry was heavily affected by Winter Storm Elliott and
hurricanes Nicole and Ian.
Below is a brief history of property insurance coverage procured by the City over
the years:
July 2018 to July 2019 $362,500
Premium increase of 7%, due primarily to increased reinsurance costs resulting
from three (3) hurricanes and the fires in California during 2017.
July 2019 to July 2020 $477,521
Premium increase of 23%, due to severe losses caused by California fires and
flooding, combined with the two (2) major carriers limiting their coverage. To
offset, we've lowered our flood/earthquake limits to $35M and we've lowered our
per occurrence maximum to $150M.
July 2020 to July 2021 $581,822
Premium increase of 22%, due to ongoing volatility in reinsurance markets,
including negative loss development, increased cost of reinsurance and decreased
profitability. Our primary carrier has further limited their participation in the
primary layer in response to the market limitations noted above.
July 2021 to July 2022 $677,599
Premium increase of 16%, which was below average cost increases. Three percent
(3%) of increase is due to increased value of City buildings being insured. The
primary carrier has further limited participation in the first layer of coverage down
from $25M to $10M, which coincides with their corporate strategy to limit risk in
this market. Total coverage remains consistent.
July 2022 to July 2023 $791,678
Total premium increase of 16.8%, due in almost equal parts to a rate increase of
8.6% and an increase in building values of 7.5%. All aspects of the Property
program remain the same as last year, including $25M of flood and earthquake
coverage.
July 2023 to July 2024 $1,061,330
Premium increase of 34%, which includes 6% increase in insured values. Total
coverage and policy limits remain the same.
Packet Pg. 180
8.1
The property insurance market is the "Hardest in a Generation", according to
American Property and Casualty Insurance Association (APCIA). Construction cost
trends and inflation continue to drive up the costs of premiums.
The City's insurance coverage required renewal on July 1, 2023. For that reason,
Council ratification of that coverage renewal as of July 1, 2023 is requested. This
item is being presented to the Committee of the Whole on July 18, 2023, and will
also be placed on the Consent Calendar of the City Council meeting that same
night, unless the Committee of the Whole requests otherwise.
BUDGET IMPACT: Property insurance premium increased due to market
conditions. The 2023 budget impact for the increase in property insurance
premiums will be $90,980 and will be funded with a transfer from the General Fund.
The same will be done in 2024 to account for the increase in property insurance
premiums.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Property Insurance Renewal Memo 2023-2024 Exhibit (PDF)
2. Property Insurance Exhibit (PDF)
Packet Pg. 181
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EXHIBIT: L
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2022/2023 2023/2024
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$150M $150M O
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All Risk Earthquake&Flood Flood A&V All Risk Earthquake&Flood Flood A&V O
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Deductibles: Deductibles: O
All Other Perils $ 100,000.00 All Other Perils $ 100,000.00 0)
Earthquake 5% $100,000 Minimum Earthquake 5%/$100,000 Minimum
Flood $250,000 except 5%/$1 M for Zone A&V(ShoWare) Flood $250,000 except 5%/$1 M for Zone A&V(ShoWare)
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TIV: $ 367,035,979 TIV: $ 389,111,403 (+6%)
Total Cost: $ 792,184 Total Cost: $ 1,061,330 (+34%)
Rate: $ 0.211 Rate: $ 0.267 (+26%) O
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of - Property, Crime and
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Presented by: o
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Brian White and Anne Shackelford o
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Alliant Insurance Services, Inc.
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CA License No. OC36861
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Table of Contents Q
NamedInsured............................................................................................................................................................................................................... 3 a
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Premium, Rate and Total Insurable Value (TIV) Summary Year over Year..................................................................................................................4 3
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PropertyCoverage......................................................................................................................................................................................................... 5
ProgramStructure........................................................................................................................................................................................................ 10
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HistoricalPremium and Exposure................................................................................................................................................................................ 11 P
CrimeCoverage........................................................................................................................................................................................................... 12
UnmannedAerial (Drones) Coverage.......................................................................................................................................................................... 16
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Disclosures................................................................................................................................................................................................................... 19 0
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NYRegulation 194................................................................................................................................................................................................ 20 N
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Privacy.................................................................................................................................................................................................................. 20
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FATCA:.................................................................................................................................................................................................................. 20 c
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NRRA: ................................................................................................................................................................................................................... 21 c
GuaranteeFunds.................................................................................................................................................................................................. 21 M
ClaimsReporting:................................................................................................................................................................................................. 21
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Changesand Developments ................................................................................................................................................................................ 21 w
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Certificates/ Evidence of Insurance .................................................................................................................................................................... 22 =
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Optional Coverages ..................................................................................................................................................................................................... 23 N
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Glossaryof Insurance Terms....................................................................................................................................................................................... 24
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Requestto Bind Coverage........................................................................................................................................................................................... 25 0
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BindingSubjectivities Recap........................................................................................................................................................................................ 26 a;
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Your Service Team Q
Brian White a
bwhite@alliant.com Phone: 206 204 9126 I
SeniorCell: 415 203 5983 3
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Kevin Miller
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PresidentFirst Vice Cell: 602 300 8468
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Anne
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Shackelfordanne.Shackelford@alliant.com Phone: 206 454 8021 a
PresidentFirst Vice Cell: 425 231 4714 °
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Renee Judge rjudge@alliant.com Phone: 206 204 9174 1
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Assistant Vice President Account Executive
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ManagerAccount • R
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JoyceRoberts jeroberts@alliant.com Phone: 206 204 9175 a
Account Manager Lead C
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Jnai.Chatman@alliant.com Phone: 949 660 8179
Account Executive U
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Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 2
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Named Insured
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City of Kent
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NAMED INSURED DISCLOSURE a
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■ Name Insured(s)should match State of Incorporation filing. Inform Alliant if there is a difference or change
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■ The First Named Insured policy status granted includes certain rights and responsibilities.These responsibilities do not apply to other Named Insureds on the
policy. Some examples for First Named Insured status include; (1)being designated to act on behalf of all insureds for making policy changes, (2)receiving of
correspondence, (3)distributing claim proceeds, and (4)making premium payments
■ Are ALL entities listed as named insureds?Coverage is not automatically afforded to all entities unless specifically named. Confirm with your producer and a
service team that all entities to be protected are on the correct policy. Not all entities may be listed on all policies based on coverage line. O
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■ Additional named insured is(1)A person or organization, other than the first named insured, identified as an insured in the policy declarations or an a-
addendum to the policy declarations. (2)A person or organization added to a policy after the policy is written with the status of named insured. This entity c
would have the same rights and responsibilities as an entity named as an insured in the policy declarations(other than those rights and responsibilities 04
reserved to the first named insured).
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■ Applies to Professional Liability, Pollution Liability, Directors&Officers Liability, Employment Practices Liability, Fiduciary Liability policies(this list not all c
inclusive). Check your Policy language for applicability. These policies provide protection to the Named Insured for claims made against it alleging a covered 04
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Premium, Rate and Total Insurable Value (TIV) Summary Year over Year a
Change
Coverage Expiring* Renewal*
3
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YOY W
Property Cost $ 792,184 $ 1,061,329.50 34% c
Total Ins. Value $ 367,035,979 $ 389,111,403 6%
Property Rate $ 0.2108 $ 0.2666 26%
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Crime Cost $ 9,056 $ 9,041 0% a
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Unmanned Aerial (Drones) $ 4,106 $ 4,508 10% a
Cost
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TOTAL r $ 805,345 $ 1,074,879 I 33% N
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*Not including optional TRIA premium, but includes policy fees and surplus lines taxes/fees, where applicable c
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Payment Terms
• Payment to Alliant within 25 Days of Binding
• Agency Bill w
• Payment Plan: Annual W
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Options N
• Reduced Earthquake limit to $20,000,000: Property premium reduces by -$21,250
• Reduced Earthquake limit to $15,000,000: Property premium reduces by --$31,250
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Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 4
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DocuSign Envelope ID: DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Property Coverage Q
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Present Coverage Proposed Coverage
3
Insurance Company 1. Lexington Insurance Company- Primary 75% 1. Lexington Insurance Company-75% of Primary$10M c
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2. SRU (45%Western World /30% Palomar/25% Starstone)- 2. SRU (75%Western World/25% Palomar)-25% of Primary W
Primary 25% $1 OM U
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3. Arch Specialty Insurance Company-46.667% - 3. Arch Specialty Insurance Company-66.67% of$15m xs $1 On
1st Excess 4. Axis Insurance-33.33% of$15m xs $10m
4. StarStone Specialty Insurance Company-33.333% - 1st Excess 5. Landmark American Insurance Company-50% of$125m xs >,
5. Scottsdale Insurance Company/ Paragon-20% - 1 st Excess $25m a
6. Homeland Insurance Company of New York-50% -2nd Excess 6. Paragon (60% Falls Lake/40% Scottsdale)-50% of$25m xs o
7. Landmark American Insurance Company-50% - 2"d Excess $25m a
7. Homeland Insurance Company of New York/ Intact-50% of o
$100m xs $50m cm
I
A.M. Best Rating 1. A (Excellent), Financial Size Category: XV 1. A(Excellent), Financial Size Category: XV c
($2 Billion or greater) as of December 16, 2022 ($2 Billion or greater) as of December 16, 2022 cm
2. A(Excellent), Financial Size Category: XV 2. A(Excellent), Financial Size Category: XV
($2 Billion or greater) as of December 16, 2022 ($2 Billion or greater) as of December 16, 2022
3. A- (Excellent), Financial Size Category: IX 3. A- (Excellent), Financial Size Category: IX
($250 Million to $500 Million) as of June 16, 2022 ($250 Million to $500 Million) as of June 16, 2022
4. A- (Excellent), Financial Size Category: XII 4. A+ (Superior), Financial Size Category: XV w
($1 Billion to$1.25 Billion) as of August 4, 2022 ($2 Billion or greater) as of March 16, 2023 c
5. A+ (Superior), Financial Size Category: XV 5. A(Excellent), Financial Size Category: XV P
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($2 Billion or greater) as of March 16, 2023 ($2 Billion or greater) as of August 12, 2022 0
6. A- (Excellent), Financial Size Category: XII 6. A- (Excellent), Financial Size Category: XII
($1 Billion to$1.25 Billion) as of August 4, 2022 ($1 Billion to $1.25 Billion) as of August 4, 2022
7. A- (Excellent), Financial Size Category: X o
($500M to $750M) as of November 10, 2022 a.
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DocuSign Envelope ID: DDA2F445-2F96-405E-B263-885AD9F9DB6D
1!21
Property Coverage - Continued
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Present Coverage Proposed Coverage
Washington Status Non-Admitted Non-Admitted
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Policy/Coverage Term July 1, 2022 to July 1, 2023 July 1, 2023 to July 1, 2024
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Coverage Form All Risk of Physical Loss or Damage—Lexington Form All Risk of Physical Loss or Damage— Lexington Form
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Total Insured Value $ 367,035,979 $389,111,403 (+6%)
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Cause of Loss Per Lexington Form Per Lexington Form o
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Valuation N
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Buildings & Contents Replacement Cost Replacement Cost I
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Business Income Actual Loss Sustained Actual Loss Sustained c
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Policy Total Limits $ 150,000,000 $ 150,000,000 coo
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Sub-Limits +'
(not in addition to Policy Limit)
Flood $ 25,000,000 $ 25,000,000 w
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Flood $ 5,000,000 $ 5,000,000
(High hazard / 100 Year Zone)
Earthquake $ 25,000,000 $ 25,000,000
Boiler and Machinery $ 100,000,000 $ 100,000,000
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Contractors Equipment $ 25,000 for physical loss or damage to $ 25,000 for physical loss or damage to 0
contractor's equipment per item contractor's equipment per item a.
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subject to a maximum Sublimit of subject to a maximum Sublimit of
$ 1,000,000 per Occurrence $ 1,000,000 per Occurrence t
Extra Expense $ 5,000,000 $ 5,000,000 U
Contingent Time Element $ 1,000,000 $ 1,000,000 a
Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 6
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DocuSign Envelope ID: DDA2F445-2F96-405E-B263-885AD9F9DB6D
1!21
Property Coverage - Continued
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Present Coverage Proposed Coverage
Accounts Receivable $ 10,000,000 $ 10,000,000
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Fire Brigade Charges $ 250,000 $ 250,000
Professional Fees $ 1,000,000 $ 1,000,000 U
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Installation Floater $ 250,000 $ 250,000 f°
Unnamed Location Coverage $2,500,000 $2,500,000 N
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Property in Transit $ 1,000,000 per conveyance subject to a maximum $ 1,000,000 per conveyance subject to a maximum
Sublimit of Sublimit of Q-
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$ 1,000,000 per Occurrence $ 1,000,000 per Occurrence a`
Service Interruption $ 1,000,000 $ 1,000,000 0
Demolition & Increased Cost of $ 10,000,000 $ 10,000,000 N
Construction N
0
Debris Removal $ 10,000,000 or 25% $ 10,000,000 or 25% N
Errors &Omissions $ 2,500,000 except as respects to EQ & FL $ 2,500,000 except as respects to EQ & FL
Electronic Data and Media $ 2,500,000 $ 2,500,000
Fungus, Mold or Mildew $ 500,000 $ 500,000
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Fine Arts $ 150,000 per item sub to a max of$7,476,972 $ 150,000 per item sub to a max of$7,476,972 W
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New Construction and Additions: $ 1,000,000 except as respects Earth Movement, $ 1,000,000 except as respects Earth Movement, c
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Flood, and Named Storm, where the Flood, and Named Storm, where the
Sublimit is $1,000,000. In no event will Sublimit is $1,000,000. In no event will c
the Company pay more than $100,000 the Company pay more than $100,000
for Soft Costs for Soft Costs
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Newly Acquired Property(90 Days) $ 5,000,000 except as respects Earth Movement, $ 5,000,000 except as respects Earth Movement, o
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Flood, and Named Storm, where the Flood, and Named Storm, where the r
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Sublimit is $5,000,000 Sublimit is $5,000,000 m
Vehicles on Schedule $ 13,891,779 (subject to$500,000 per vehicle) $ 13,891,779 (subject to $500,000 per vehicle)
Valuable Papers & Records $ 5,000,000 $ 5,000,000 a
Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 7
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DocuSign Envelope ID: DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Property Coverage - Continued
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Present Coverage Proposed Coverage I
Pairs or Sets $ 250,000 $ 250,000
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Docks and Piers (excluding cover for $ 1,000,000 (Excluding Cover for Dry Docks) $ 1,000,000 (Excluding Cover for Dry Docks)
Dry Docks)
Pollutant Cleanup and Removal $ 500,000 $ 500,000
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Bridges $ 500,000 $ 500,000 v3i
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Days of Ordinary Payroll 90 90
Days of Civil or Military Authority $ 5,000,000 /30 days $ 5,000,000 /30 days a
0
Ingress/Egress $ 5,000,000 /30 days $ 5,000,000 /30 days a`
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Outdoor Property $ 25,000 per item subject to a max of $ 25,000 per item subject to a max of o
$ 1,000,000 $ 1,000,000 N
Days of Extended Period of 365 365 N
0
Indemnity N
Deductible Iq
All Other Losses $ 100,000 $ 100,000
Earthquake 5% Minimum $100,000 5% Minimum $100,000
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Flood $ 250,000 $ 250,000 w
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Flood—High Hazard 5% Minimum $100,000 5% Minimum $100,000 c
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Boiler and Machinery $ 100,000 $ 100,000 3
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Windstorm and Hail $ 100,000 $ 100,000
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Rate .2108 .2666 (+26.46%) 0
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Total Layer$150M Premium $ 773,890.00 Premium $ 1,037,500 Premium
$ 500.00 Market Policy Fee $ 500.00 Market Policy Fee m
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$ 1,500.00 CAT Market Modeling Fee $ 1,500.00 CAT Market Modeling Fee
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$ 16,293.69 SL Tax/Fees $ 21,829.50 SL Tax/Fees
$ 792,183.69 Total Cost $ 1,061,329.50 Total Cost(+34%) a
Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 8
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DocuSign Envelope ID: DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Property Coverage - Continued
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Present Coverage Proposed Coverage I
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Minimum Earned Premium 0 35%for Lexington, Western World, 0 35%for Lexington, Axis, Scottsdale, Western World �
Palomar Excess Starstone, & Homeland and Palomar 0
• 25% for Arch, Scottsdale, Landmark 0 25%for Arch, Landmark, Homeland
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Quote Valid Until No Longer Applicable July 1, 2023
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Binding Conditions N/A See Binding Subjectivities Recap Page a`
*Property Co-insurance: Most property insurance policies contain a co-insurance clause. In exchange for a reduced rate, the insured agrees to carry N
at least the stated percentage of insurance to the total insurable value of the property. If, at the time of loss, the amount of insurance carried is less N
than this percentage, the loss payment will be reduced proportionately. M
N
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See Disclaimer Page for Important Notices and Acknowledgment N
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Alliant Insurance Services, Inc. I www.alliant.com CA License No.OC36861 Page 9
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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O
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Program Structure a
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2022/2023 2023/2024 m
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$150M $150M O
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• a)
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$25M $25M d
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• O
N
Arch/Starstone/Scottsdale Arch/Axis M
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11 M $15M 11 111 $15M G
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$10M • $10M • M
•
Lexington/Western World/ • • Lexington/Western World/ +,
Palomar/Starstone '. • Palomar B
$10M 1 $10M
1 x
111 w
$5M 1 $5M O
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All Risk Earthquake &Flood Flood A&V All Risk Earthquake &Flood Flood A&V c
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Deductibles: Deductibles: N
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All Other Perils$100,000 All Other Perils $100,000 >,
Earthquake 5%/$100,000 Minimum Earthquake 5%/$100,000 Minimum y
Flood $250,000 except 5%/$1M for Zone A&V(ShoWare) Flood $250,000 except 5%/$1 M for Zone A&V(ShoWare) p
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TIV: $ 367,035,979 TIV: 389,111,403(+6%)
Total Cost: $ 792,184 Total Cost: $1,061,330(+34% E
Rate: $ 0.211 Rate: $.2666(+26%)
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Historical Premium and Exposure Q
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Lexington/Western Lexington/Western Lexington/SRU
World/Palomar/Starstone World/Palomar/Starstone Arch/Starstone/ c
PREMIUMS Starstone/Scottsdale/Axis Arch/Starstone/Scottsdale/ Scottsdale/Landmark/ °'
Landmark Landmark/Homeland Homeland
7/1/21 —22 7/1/22—23 7/1/23—24
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Premiums: $662,713 $773,890 $1,037,500
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Inspection/Modeling Fee/Fees
$949 $2,000 $2,000 0
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TOTAL PREMIUM + INS.
MODELING $663,662 $775,890 $1,039,500 NN
Taxes and Fees not included N
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Note: N
19-20 Earthquake and Flood limit is decreased from $75M to $35M
20-21 Earthquake and Flood limit is decreased from $35M to $25M M
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TOTAL INSURED VALUES 7/1/21 —22 7/1/22—23 7/1/23—24 w
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TOTAL $341,370,872 $367,035,979 $389,111,403
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.194 0.2114 0.2671 >%
TOTAL AVERAGE RATE t
(+14%) (+8.6%) (+26%)
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Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 11
Packet Pg. 194
DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Crime Coverage Q
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Present Coverage Proposed Coverage I
Insurance Company National Union Fire Insurance Company of National Union Fire Insurance Company of
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Pittsburgh, PA Pittsburgh, PA
A.M. Best Rating A(Excellent), Financial Size Category: XV A (Excellent), Financial Size Category: XV
($2 Billion or greater) as of December 16, 2022 ($2 Billion or greater) as of May 4, 2023
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Standard & Poor's Rating A+ (Strong) as of May 20, 2022 A+ (Strong) as of May 4, 2023
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Washington Status Admitted Admitted
Policy/Coverage Term July 1, 2022 to July 1, 2023 July 1, 2023 to July 1, 2024 a
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Policy# 01-277-05-98 TBD aL
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Coverage Form Government Crime Policy(Discovery Form)— Government Crime Policy(Discovery Form)—
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CR 00 26 05 06 CR 00 26 05 06 NN
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Coverage Limits Deductible Limits Deductible
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Employee Theft- Per Loss Coverage $2,500,000 $10,000 $2,500,000 $10,000 ,
Forgery or Alteration $2,500.000 $10,000 $2,500.000 $10,000
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Inside the Premises-Theft of Money and $1,000,000 $10,000 $1,000,000 $10,000 w
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Securities
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Inside the Premises- Robbery or Safe $1,000,000 $10,000 $1,000,000 $10,000 f°
Burglary of Other Property
Outside the Premises $1,000,000 $10,000 $1,000,000 $10,000
Computer Fraud $2,500,000 $10,000 $2,500,000 $10,000 c
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Funds Transfer Fraud $2,500,000 $10,000 $2,500,000 $10,000 a
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Money Orders and Counterfeit Money $2,500,000 $10,000 $2,500,000 $10,000
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Crime Coverage - Continued o
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Present Coverage Proposed Coverage I
Endorsement& Exclusions 0 Economic Sanctions Endorsement 0 Economic Sanctions Endorsement f6
3
(Including but not limited to) 0 Washington Changes 0 Washington Changes c
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• Add Faithful Performance of Duty Coverage for • Add Faithful Performance of Duty Coverage for w
Government Employees Government Employees c
• Add Credit, Debit or Charge Card Forgery 0 Add Credit, Debit or Charge Card Forgery P
• Bonded Employees Exclusion Deleted 0 Bonded Employees Exclusion Deleted
• Include Treasurers or Tax Collectors as 0 Include Treasurers or Tax Collectors as
Employees Employees a
• Expenses Incurred to Establish Amount of 0 Expenses Incurred to Establish Amount of o
Covered Loss Covered Loss a-
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• Notice of Claim (Reporting By- Mail) • Notice of Claim (Reporting By- Mail) o
N
• Cancellation Amendatory(Return Pro Rata) • Cancellation Amendatory(Return Pro Rata) I
• Cancellation of Policy Amended 0 Cancellation of Policy Amended N
0
• Employee Post Termination Coverage 0 Employee Post Termination Coverage N
• Include Chairperson and Members of Specified • Include Chairperson and Members of Specified
Committees as Employees Committees as Employees
• Include Designated Persons or Classes of 0 Include Designated Persons or Classes of
Persons as Employees Persons as Employees
• Include Specified Non- Compensated Officers • Include Specified Non- Compensated Officers w
as Employees as Employees
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• Include Volunteer Workers as Employees 0 Include Volunteer Workers as Employees P
• Revision of Discovery and Prior Theft or • Revision of Discovery and Prior Theft or u3i
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Dishonesty- $25,000, Risk Management Dishonesty- $25,000, Risk Management
Department or other department designated to Department or other department designated to
handle insurance matters for the named handle insurance matters for the named o
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insured insured a.
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• Include Leased Workers as Employees 0 Include Leased Workers as Employees
• Vendor Theft Coverage Endorsement- 0 Vendor Theft Coverage Endorsement- E
$1,000,000 Limit excess of vendor insurance $1,000,000 Limit excess of vendor insurance
policy limit ($500,000 minimum) required by policy limit($500,000 minimum) required by a
Alliant Insurance Services, Inc. I www.alliant.com CA License No.OC36861 Page 13
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Crime Coverage - Continued o
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Present Coverage Proposed Coverage I
contract. Coverage not applicable if crime contract. Coverage not applicable if crime f6
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Endorsement& Exclusions—Continued insurance is not required in a written insurance is not required in a written c
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(Including but not limited to) agreement. agreement. IY
• Conditions Amended- Subrogation of Faithful • Conditions Amended- Subrogation of Faithful c
Performance of Duty Claims Performance of Duty Claims P
• Third Party Coverage-Updated • Third Party Coverage-Updated
• Blanket Loss Payee (Where Legally 0 Blanket Loss Payee (Where Legally
Permissible) Permissible)
• Impersonation Fraud Coverage Discovery 0 Impersonation Fraud Coverage Discovery o
Form—Primary to Other Insurance- $250,000 Form — Primary to Other Insurance-$250,000 a-
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sub-limit with $25,000 retention—Does not sub-limit with $25,000 retention — Does not c
apply to any losses prior to 07/01/2015 apply to any losses prior to 07/01/2015 N
• Additional Named Insured -All agencies, Additional Named Insured -All agencies, N
0
authorities and districts (including special authorities and districts (including special N
districts)which are governed directly by the districts)which are governed directly by the
governing body of the Named Insured governing body of the Named Insured M
• Cyberextortion Exclusion (Resulting Directly) 9 Cyberextortion Exclusion (Resulting Directly)
• Unauthorized disclosure of confidential 0 Unauthorized disclosure of confidential
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information information W
• Protected Information Exclusion 0 Protected Information Exclusion °'
• Indirect or Consequential Loss Exclusion 0 Indirect or Consequential Loss Exclusion L
• Acts Committed by You • Acts Committed by You u3,
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• Acts of Employees Learned of by You Prior to • Acts of Employees Learned of by You Prior to
The Policy Period The Policy Period
• Acts of Officials, Employees or • Acts of Officials, Employees or o
Representatives Representatives a.
• Confidential Information 0 Confidential Information
• Governmental Action 0 Governmental Action E
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• Legal Fees, Costs and Expenses 0 Legal Fees, Costs and Expenses U
• Nuclear Hazard 0 Nuclear Hazard a
Alliant Insurance Services, Inc. I www.alliant.com CA License No.OC36861 Page 14
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Crime Coverage - Continued o
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Present Coverage Proposed Coverage
Endorsement& Exclusions—Continued • Pollution • Pollution
3
(including but not limited to) 0 War and Military Action 0 War and Military Action c
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• Inventory Shortages 0 Inventory Shortages
• Trading losses • Trading losses c
• Accounting or Arithmetical Errors or Omissions • Accounting or Arithmetical Errors or Omissions P
• Exchanges or Purchases 0 Exchanges or Purchases
• Fire 0 Fire
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• Money Operated Devices 0 Money Operated Devices a,
• Motor Vehicles or Equipment and Accessories • Motor Vehicles or Equipment and Accessories o
• Transfer or Surrender or Property 0 Transfer or Surrender or Property a-
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• Vandalism 0 Vandalism c
N
• Voluntary Parting of Title to Possession of 0 Voluntary Parting of Title to Possession of
Property Property N
0
• Cyberextortion (Resulting Directly) 0 Cyberextortion (Resulting Directly) N
0
0
Total Cost $ 10,654.00 Policy Premium $ 10,636.00 Policy Premium
$ -1,598.10 Commission Credit $ -1,595.40 Commission Credit
$ 9,055.90 Total Cost $ 9,040.60 Total Cost (0%)
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Quote Valid Until No Longer Applicable July 1, 2023 N
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Binding Conditions No Longer Applicable See Binding Subjectivities Recap Page a
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See Disclaimer Page for Important Notices and Acknowledgment
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Unmanned Aerial (Drones) Coverage
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Present Coverage Proposed Coverage I
Insurance Company National Union Fire Insurance Company of National Union Fire Insurance Company of
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Pittsburgh, PA Pittsburgh, PA
A.M. Best Rating A(Excellent), Financial Size Category: XV A (Excellent), Financial Size Category: XV
($2 Billion or greater) as of December 16, 2022 ($2 Billion or greater) as of December 16, 2022
Standard & Poor's Rating A+ (Strong) as of May 20, 2022 A+ (Strong) as of May 20, 2022
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Washington Status Admitted Admitted
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Policy/Coverage Term July 3, 2022 to July 3, 2023 July 3, 2023 to July 3, 2024 a
0
Policy# UM 062845142-05 TBD a-
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Coverage Form Unmanned Aircraft Aviation Policy- UAS01 (03/14) Unmanned Aircraft Aviation Policy- UAS01 (03/14)
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Covered Aircraft Any unmanned Aircraft owned and operated by the Any unmanned Aircraft owned and operated by the c
Named Insured weighing less than 55 lbs. Named Insured weighing less than 55 lbs. M
Limits
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Liability Limits $ 2,000,000 /$2,000,000 $ 2,000,000 /$2,000,000 W
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Premises Medical Payment $ 5,000 Each Person $ 5,000 Each Person =
Sale of Aircraft $ 2,000,000 $ 2,000,000
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Number of Drones less than 11 pounds 9 10
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Number of Drones 11 pounds -21 pounds 0 1 a
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Purpose of Use As Required by the Named Insured As Required by the Named Insured
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DocuSign Envelope ID:DDA2F445-2F96-405E-B263-885AD9F9DB6D
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Unmanned Aerial (Drones) Coverage - Continued o
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Present Coverage Proposed Coverage I
Territory Worldwide subject to UAS117 limitations, but also Worldwide subject to UAS117 limitations, but also 3
limited to day, visual line-of-sight operations limited to day, visual line-of-sight operations c
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conducted no higher than 400 feet above ground conducted no higher than 400 feet above ground
level (AGL). Flights above 400 feet AGL permitted level (AGL). Flights above 400 feet AGL permitted c
if conducted within 400 foot radius of a structure. if conducted within 400 foot radius of a structure. P
Excludes Russia, Ukraine And Belarus. Excludes Russia, Ukraine And Belarus.
Pilot Warranties Any operator approved by the Named Insured, Any operator approved by the Named Insured,
provided such individual(s) is/are, or is/are under provided such individual(s) is/are, or is/are under Q-
0
the direct supervision of, a properly certificated and the direct supervision of, a properly certificated and aL
rated pilot-in-command who is accompanied at all rated pilot-in-command who is accompanied at all N
0
times by a visual observer. times by a visual observer. N
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Endorsement& Exclusions 0 Airworthiness Certificate Amendment, 0 Airworthiness Certificate Amendment, c
(including but not limited to) Amended Premises Coverage Amended Premises Coverage c!
• Noise and Pollution and Other Perils Exclusion • Noise and Pollution and Other Perils Exclusion
Clause AVN46B Clause AVN46B
• Nuclear Risks Exclusion Clause AVN38B 0 Nuclear Risks Exclusion Clause AVN38B
• Terrorism Exclusion - Certified Acts 0 Terrorism Exclusion - Certified Acts
• War, Hi-Jacking, and Other Perils Exclusion 0 War, Hi-Jacking, and Other Perils Exclusion w
Clause (Aviation)AVN48B -Washington Clause (Aviation)AVN48B -Washington
• Asbestos Exclusion Endorsement 0 Asbestos Exclusion Endorsement P
• Date Recognition Exclusion Clause AVN2000A • Date Recognition Exclusion Clause AVN2000A
• Date Recognition Limited Coverage Clause 0 Date Recognition Limited Coverage Clause
• Broad Coverage Endorsement 0 Broad Coverage Endorsement
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• Electromagnetic Interference Exclusion 0 Electromagnetic Interference Exclusion 0
Amendment Amendment a
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• Exclusion Deletion Endorsement Liability 0 Exclusion Deletion Endorsement Liability
Coverage (Terrorism Risk Insurance Program Coverage (Terrorism Risk Insurance Program E
Reauthorization Act of 2015) Reauthorization Act of 2015) U
• Fellow Employee Coverage Endorsement Fellow Employee Coverage Endorsement a
Alliant Insurance Services, Inc. I www.alliant.com CA License No.OC36861 Page 17
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Unmanned Aerial (Drones) Coverage - Continued o
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Present Coverage Proposed Coverage I
Endorsement& Exclusions—Continued: Knowledge of Occurrence and Failure to Knowledge of Occurrence and Failure to @
3
(including but not limited to) Report Endorsement Report Endorsement c
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• Liability Under Contractual Agreements Liability Under Contractual Agreements
• Pilot/Operator Warranty Endorsement Pilot/Operator Warranty Endorsement c
• Policy Territory Endorsement Policy Territory Endorsement P
• Purpose of Use Endorsement Purpose of Use Endorsement
• Personal Injury Extension Program Reauthorization Act of 2015)
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• Policyholder Notice Personal Injury Extension a,
• Unmanned Aircraft Aviation Policy Provisions • Policyholder Notice o
• Software Affirmation Clause 0 Unmanned Aircraft Aviation Policy Provisions a-
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• Electronic Data Event Liability Exclusion 0 Software Affirmation Clause c
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• Washington Amendatory Endorsement- UAS • Electronic Data Event Liability Exclusion I
• Washington Amendatory Endorsement 0 Washington Amendatory Endorsement- UAS N
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• Exclusionary Endorsement—Washington 0 Washington Amendatory Endorsement N
• Washington Amendatory Endorsement 0 Exclusionary Endorsement—Washington
• Federal Share of Compensation Under TRIA e Washington Amendatory Endorsement c°
and Cap on Losses Endorsement 0 Federal Share of Compensation Under TRIA
and Cap on Losses Endorsement
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Conditions Thirty Days NOC/Ten Day Notice of Cancellation Thirty Days NOC/Ten Day Notice of Cancellation 0
for Non-payment of Premium for Non-payment of Premium
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Total Cost: $ 4,830.00 Policy Premium $ 5,303.00 Policy Premium
Included TRIA Premium Included TRIA Premium
$ -724.50 Commission Credit $ -795.45 Commission Credit
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$ 4,105.50 Total Cost $ 4,507.55 Total Cost(+9.8%) o
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Quote Valid Until No Longer Applicable July 3, 2023
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Binding Conditions No Longer Applicable See Binding Subjectivities Recap Page
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See Disclaimer Page for Important Notices and Acknowledgment Q
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Disclosures
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This proposal of insurance is provided as a matter of convenience and information only. All information included in this proposal, including but not I
limited to personal and real property values, locations, operations, products, data, automobile schedules,financial data and loss experience, is based 3
on facts and representations supplied to Alliant Insurance Services, Inc. by you.This proposal does not reflect any independent study or investigation
by Alliant Insurance Services, Inc. or its agents and employees.
Please be advised that this proposal is also expressly conditioned on there being no material change in the risk between the date of this proposal
and the inception date of the proposed policy (including the occurrence of any claim or notice of circumstances that may give rise to a claim under
any policy which the policy being proposed is a renewal or replacement). In the event of such change of risk, the insurer may, at its sole discretion,
modify, or withdraw this proposal, whether or not this offer has already been accepted.
This proposal is not confirmation of insurance and does not add to, extend, amend, change, or alter any coverage in any actual policy of insurance a
you may have. All existing policy terms, conditions, exclusions, and limitations apply. For specific information regarding your insurance coverage, o
please refer to the policy itself. Alliant Insurance Services, Inc. will not be liable for any claims arising from or related to information included in or a-
omitted from this proposal of insurance. N
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Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including
the types of income that Alliant may earn on a placement, are available on our website at www.alliant.com. For a copy of our policy or for any inquiries N
regarding compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, N
701 B Street, 6th Floor, San Diego, CA 92101. c
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Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth technical understanding of all
aspects of insurance company finances and operations. Insurance brokerages such as Alliant Insurance typically rely upon rating agencies for this
type of market analysis. Both A.M. Best and Standard and Poor's have been industry leaders in this area for many decades, utilizing a combination
of quantitative and qualitative analysis of the information available in formulating their ratings. x
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A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visit them at c
www.ambest.com. For additional information regarding insurer financial strength ratings visit Standard and Poor's website at P
www.standardandpoors.com. u3i
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Our goal is to procure insurance for you with underwriters possessing the financial strength to perform. Alliant does not, however, guarantee the
solvency of any underwriters with which insurance or reinsurance is placed and maintains no responsibility for any loss or damage arising from the a
financial failure or insolvency of any insurer. We encourage you to review the publicly available information collected to enable you to make an Ii
informed decision to accept or reject a particular underwriter. To learn more about companies doing business in your state, visit the Department of
Insurance website for that state.
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NY Regulation 194 0
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Alliant Insurance Services, Inc. is an insurance producer licensed by the State of New York. Insurance producers are authorized by their license to a
confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits
of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction 3
typically involves one or more of these activities. c
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Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s)and insurance contract(s)
the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may
vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors
such as the volume of business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also N
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may affect compensation.
The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale o
of insurance to the purchaser, and (if applicable)compensation expected to be received based in whole or in part on any alternative quotes presented a
to the purchaser by the producer, by requesting such information from the producer.
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Privacy I
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At Alliant, one of our top priorities is making sure that the information we have about you is protected and secure. We value our relationship with you N
and work hard to preserve your privacy and ensure that your preferences are honored. At the same time, the very nature of our relationship may c
result in Alliant's collecting or sharing certain types of information about you in order to provide the products and services you expect from us. Please coo
take the time to read our full Privacy Policy posted at www.alliant.com, and contact your Alliant service team should you have any questions.
Other Disclosures / Disclaimers
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FATCA: c
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The Foreign Account Tax Compliance Act (FATCA) requires the notification of certain financial accounts to the United States Internal Revenue
Service. Alliant does not provide tax advice so please contact your tax consultant for your obligation regarding FATCA.
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Other Disclosures / Disclaimers - Continued o
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NRRA: Q
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The Non-Admitted and Reinsurance Reform Act (NRRA) went into effect on July 21, 2011. Accordingly, surplus lines tax rates and regulations are 3
subject to change which could result in an increase or decrease of the total surplus lines taxes and/or fees owed on this placement. If a change is
required, we will promptly notify you. Any additional taxes and/or fees must be promptly remitted to Alliant Insurance Services, Inc. °'
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Guarantee Funds a
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Established by law in every state, guaranty funds are maintained by a state's insurance commissioner to protect policyholders in the event that an v
insurer becomes insolvent or is unable to meet its financial obligations. If your insurance carrier is identified as 'Non-Admitted', your policy is not
protected by your state's Guaranty Fund.
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Claims Reporting: a
Your policy will come with specific claim reporting requirements. Please make sure you understand these obligations. Contact your Alliant Service N
Team with any questions. `14
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Changes and Developments N
It is important that we be advised of any changes in your operations, which may have a bearing on the validity and/or adequacy of your insurance.
The types of changes that concern us include, but are not limited to, those listed below:
■ Changes in any operations such as expansion to another state, new products, or new applications of existing products.
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■ Travel to any state not previously disclosed. w
■ Permanent operations outside the United States, Canada or Puerto Rico.
■ Mergers and/or acquisition of new companies and any change in business ownership, including percentages.
■ Any newly assumed contractual liability, granting of indemnities or hold harmless agreements. N
■ Any changes in existing premises including vacancy, whether temporary or permanent, alterations, demolition, etc. Also, any new premises
either purchased, constructed or occupied
■ Circumstances which may require an increased liability insurance limit. a
■ Any changes in fire or theft protection such as the installation of or disconnection of sprinkler systems, burglar alarms, etc. This includes any °
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alterations to the system.
■ Immediate notification of any changes to a scheduled of equipment, property, vehicles, electronic data processing, etc.
■ Property of yours that is in transit, unless previously discussed and/or currently insured.
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Other Disclosures / Disclaimers - Continued o
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Certificates / Evidence of Insurance a
A Certificate or Evidence is issued as a matter of information only and confers no rights upon the certificate holder. The certificate does not f6
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affirmatively or negatively amend, extend or alter the coverage afforded by a policy, nor does it constitute a contract between the issuing insurer(s),
authorized representative, producer or recipient.
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You may have signed contracts, leases or other agreements requiring you to provide this evidence. In those agreements, you may assume
obligations and/or liability for others (Indemnification, Hold Harmless) and some of the obligations that are not covered by insurance. We v3i
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recommend that you and your legal counsel review these documents.
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In addition to providing a Certificate or Evident of Insurance, you may be required to name your landlord, client or customer on your policy as a loss o
payee on property insurance or as an additional insured on liability insurance. This is only possible with permission of the insurance company, a-
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added by endorsement and, in some cases, an additional premium. N
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By naming the certificate holder as additional insured, there are consequences to your risks and insurance policy including: N
■ Your policy limits are now shared with other entities; their claims involvement may reduce or exhaust your aggregate limit. N
■ Your policy may provide higher limits than required by contract; your full limits can be exposed to the additional insured. c
■ There may be conflicts in defense when your insurer has to defend both you and the additional insured. M
■ An additional insured endorsement will most likely not provide notification of cancellation. Some insurance companies use a "blanket'
additional insured endorsement that provides coverage automatically when it is required in a written contract. Most insurance companies do
not want to be notified of all additional insureds when there is a blanket endorsement on the policy. If a notice of cancellation is required for x
the additional insured art you must notify us immediate) and we will request an endorsement from our insurance company. There may W
party, Y Y Y q Y p Y Y m
be an additional premium for adding a notice of cancellation endorsement for an additional insured.
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See Request to Bind Coverage page for acknowledgement of all disclaimers and disclosures. c
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Optional Coverages Q
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The following represents a list of insurance coverages that may not be included in this proposal but are optional and may be available with further I
underwriting information. This list is not inclusive of all coverages and if you have questions contact your Alliant representative. If you would like 3
addition quotes please check Yes/No across from the coverage below, sign and return. c
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Target Coverages
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Yes No
CYBER RISK ❑ ❑
MANAGEMENT LIABILITY
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Directors & Officers Liability ❑ ❑ o
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Employment Practices Liability ❑ ❑
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Fiduciary Liability El ElN
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UMBRELLA/ EXCESS LIABILITY(Increased Liability Limits) El ElN
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,-a8LeC4ifa9ihe "Reject All or Accept All" option will override any selections you have made above 0 Reject All
❑ Accept All for Consideration
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S6FA6 901F4CF x
Igna ure of Authorized Insurance Representative Date w
Risk Manager m
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Title P
Ellaine wi
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Printed /Typed Name
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Optional Coverages - Continued
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Other Coverage Options
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Note some of these coverages may be included with limitations or insured elsewhere. This is a partial listing as you may have additional risks not c
contemplated here which are unique to your organization.
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• Business Income/Extra Expense 0 Non-Owned & Hired Automobile Liability
• Earthquake 0 Pollution Liability N
• Employed Lawyers 0 Owned/Non-Owned Aircraft c
• Employee Benefits Liability 0 Owned Watercraft
• Equipment Breakdown 0 Professional Liability a
• Food Borne Illness 0 Property in Transit o
• Foreign Insurance 0 Property of Others (Clients, Employees, Other) a-
• Garagekeepers Liability 0 Special Events Liability c
• Hired Auto Physical Damage 0 Spoilage N
• Kidnap & Ransom 0 Student Accident M
• Law Enforcement Liability 0 Volunteer Accidental Death & Dismemberment(AD&D)
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• Media and Publishers Liability 0 Workers Compensation & Employers Liability `m
• Network Security/ Privacy Liability and Internet Media Liability 0 Workplace Violence
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Glossary of Insurance Terms
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Below are links to assist you in understanding the insurance terms you may find within your insurance coverages: w
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http://insurancecommunityuniversity.com/university-resources/insurance-glossary-free P
https://consumers.ambest.com/content.aspx?rec=261613 u3i
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http://www.irmi.com/online/insurance-glossary/default.aspx
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Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Packet Pg. 207
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Request to Bind Coverage o
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City of Kent
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We have reviewed the proposal and agree to the terms and conditions of the coverages presented. We are requesting coverage to be bound as outlined c
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by coverage line below:
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Coverage Line Bind Coverage for:
Property c
Crime
Unmanned Ariel (Drones) 15K o
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Did you know that Alliant works with premium financing companies?Are you interested in financing your annual premium? o
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please provide us with a financin• quote. No, we • • not wish to finance our premium. N
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This Authorization to Bind Coverage also acknowledges receipt and review of all disclaimers and disclosures, including exposures used to develop
insurance terms, contained within this proposal.
D8o86sAigned by:
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6/26/2023 W(D
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Signature of Authorized Insured Representative Date 3
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Risk Manager
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Title a
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Printed /Typed Name
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This proposal does not constitute a binder of insurance. Binding is subject to the final carrier approval.The actual terms and conditions of the U
policy will prevail. a
Alliant Insurance Services, Inc. I www.alliant.com I CA License No.OC36861 Page 25
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Binding Subjectivities Recap o
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ALL coverages require a written request to bind coverage.
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Additional subjectivities are listed below by Coverage Line.
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Coverage Line
Description of Subjectivity(les)
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Property c
• TRIA Forms '
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Drones
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• TRIA Form N
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In order to complete the underwriting process, we require that you send us any additional information requested above. We are not required to bind N
coverage prior to our receipt and underwriting acceptance of the above information. However, if we do bind coverage prior to such acceptance, the terms
and conditions as indicated above may be amended until such receipt and acceptance. Any agreement to bind coverage in connection with this proposal
must be in writing from an authorized employee of the Insurer.
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DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
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TERRORISM COVERAGE DISCLOSURE NOTICE
TERRORISM COVERAGE PROVIDED UNDER THIS POLICY
The Terrorism Risk Insurance Act of 2002 as amended and extended by the subsequent Terrorism Risk Insurance
Program Reauthorization Acts (collectively referred to as the "Act") established a program within the Department of the
Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist
attacks. An act of terrorism is defined as any act certified by the Secretary of the Treasury, in consultation with the
Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent
act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United
States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and
to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United States Government by coercion.
In accordance with the Act, we are required to offer you coverage for losses resulting from an act of terrorism that is >
certified under the federal program as an act of terrorism. The policy's other provisions will still apply to such an "
act. This offer does not include coverage for incidents of nuclear, biological, chemical, or radiological terrorism 00
which will be excluded from your policy. Your decision is needed on this question: do you choose to pay the premium
for terrorism coverage stated in this offer of coverage, or do you reject the offer of coverage and not pay the premium?
You may accept or reject this offer.
If your policy provides commercial property coverage, in certain states, statutes or regulations may require coverage for
fire following an act of terrorism. In those states, if terrorism results in fire, we will pay for the loss or damage caused by
that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such
coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage i
does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements that N
apply to those coverage forms, or to Legal Liability coverage forms or Leasehold Interest coverage forms.
Your premium will include the additional premium for terrorism as stated in the section of this Notice titled
DISCLOSURE OF PREMIUM. a
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES °
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The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal v
program. The federal share equals 80% in years 2020 through 2027 of that portion of the amount of such insured N
losses that exceeds the applicable insurer deductible during Calendar Year 2020 and each Calendar Year
thereafter through 2027. N
DISCLOSURE OF CAP ON ANNUAL LIABILITY c
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If the aggregate insured terrorism losses of all insurers exceed $100,000,000,000 during any Calendar Year provided in
the Act, the Secretary of the Treasury shall not make any payments for any portion of the amount of such losses that l
exceed $100,000,000,000, and if we have met our insurer deductible, we shall not be liable for the payment of any portion
of such losses that exceeds $100,000,000,000. .
DISCLOSURE OF PREMIUM
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Your premium for terrorism coverage is: $700.00 w
(This charge/amount is applied to obtain the final premium.)
You may choose to reject the offer by signing the statement below and returning it to us. Your policy will be
changed to exclude the described coverage. If you chose to accept this offer, this form does not have to be returned. 3
REJECTION STATEMENT
I hereb decline to purchase coverage for certified acts of terrorism. I understand that an exclusion of
DocuSig�ed y:
-SertairL,terrorism losses will be made part of this policy. Q.
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9886FA60901F4CF... City of Kent d
Policyholder/Legal Representative/Applicant's Named Insured
Signature E
ElIaine wi
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Arch Specialty Insurance Company a
Print Name of Policyholder/Legal Insurance Company
Representative/Applicant
6/30/2023
Date: Policy Number: ESP1012786-01
00 MLT0031 00 12 19 Page 1 of 1
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Property Quotation
Issued 06/13/2023 Valid through 07/13/2023
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POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE ;
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You are hereby notified that under the Terrorism Risk Insurance Act, as amended (the "Act"), that you have a Q
right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of
the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in
concurrence with the Secretary of Homeland Security, and the Attorney General of the United States—to be an 3
act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have
resulted in damage within the United States, or outside the United States in the case of certain air carriers or
vessels or the premises of a United States mission; and to have been committed by an individual or individuals m
as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the c
conduct of the United States Government by coercion.
If, as a part of your policy, you also elect to purchase this terrorism coverage from us, you will be charged an
additional premium of $3,333.
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YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES 0-
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RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED a
BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. N
HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR N
COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED
STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2O15; 84% BEGINNING ON JANUARY N
1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING N
ON JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES
EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY
PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED ABOVE M
AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY
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THE FEDERAL GOVERNMENT UNDER THE ACT.
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YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A w
$100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' a)
LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF c
SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED
LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. N
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NOTICE TO BROKER
MANDATORY POLICYHOLDER DISCLOSURE a
RE: TERRORISM INSURANCE COVERAGE a
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We are required by the Terrorism Risk Insurance Act, as amended (the "Act"), to provide policyholders with
clear and conspicuous disclosures. This notice must be provided at the time of offer and renewal of the policy. E
We have provided you with a notice that meets the Act's requirements. You are instructed to deliver a copy of f°
this notice to our prospective insured when you forward our quote. Q
TRIA OFFER DISCLOSURE 01 15
Includes copyrighted material 2015 National Association of Insurance Commissioners
Page 4 of 4
DocuSigned by:
6/30/2023
9886FA60901F4CF... Packet Pg. 211
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Insured Name and Address: Policy/Quote Number: 0
City of Kent
220 Fourth Avenue South
Kent,WA 98032
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act(the Act), as amended,you have a right to purchase insurance
coverage for losses resulting from acts of terrorism. As defined in Section 102(1)of the Act: The term "act of terrorism" means any
act or acts that are certified by the Secretary of the Treasury- in consultation with the Secretary of Homeland Security, and the
Attorney General of the United States-to be an act of terrorism;to be a violent act or an act that is dangerous to human life, f°
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property, or infrastructure;to have resulted in damage within the United States, or outside the United States in the case of certain air o
carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of a
an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Q
Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM 3
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CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES
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GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER,YOUR POLICY MAY CONTAIN OTHER
EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE
FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80%, BEGINNING ON JANUARY 1, 2020, OF
COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE
COMPANY PROVIDING THE COVERAGE. THE PREMIUM TO BE CHARGED FOR THIS COVERAGE IS PROVIDED BELOW
AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL
GOVERNMENT UNDER THE ACT.
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YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT,AS AMENDED, CONTAINS A$100 BILLION CAP a
THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM N
CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS$100 N
BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAYBE
REDUCED. N
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SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE
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The prospective premium required for your terrorism coverage is: $3,625
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If you wish to reject this offer of coverage, you should check the box below, sign this notice and send it to your agent. K
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An exclusion of terrorism losses, as defined by the Act,will then be made part of your policy. 4)
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I hereby reject the offer of terrorism coverage. I understand that I will have no coverage for losses arising from acts o
X terrorism, as defined in the act.
If your policy includes Property Coverage in one or more of these states: CA, GA, HI, IA, IL, MA, ME, MO, NC, NJ, NY, OR, RI, Q.
WA,WI, or WV; the following statement applies: o
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The terrorism exclusion makes an exception for(and thereby continues your coverage for)property fire losses resulting from an act of c
terrorism. Therefore, if you reject the offer of terrorism coverage, that rejection does not apply to fire losses resulting from an act of E
terrorism-the coverage in your policy for such fire losses will continue. If such a loss occurs, and is certified under the Act, the loss
will be reimbursed by the United States government under the formula detailed above. c�v
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The portion of your policy premium attributable to terrorism (fire only)coverage in all of the states listed above, in which your
policy provides property coverage, is$ Included. This amount is included in your policy premium and cannot be rejected.
Contains copyrighted material of National Association Of Insurance Commissioners with its Page 1 of
PHN 001 IL 12 20 permission.
Packet Pg. 212
city of kent 100 x 50 layer.xlsm
DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
8.I.b
If your policy includes Inland Marine Coverage in one or more of these states: CA, ME, MO, OR or WI,the following statement
applies:
The terrorism exclusion makes an exception for(and thereby continues your coverage for)direct property damage fire losses
resulting from an act of terrorism. Therefore, if you reject the offer of terrorism coverage,that rejection does not apply to direct
property damage fire losses resulting from an act of terrorism-the coverage in your policy for such fire losses will continue. If
such a loss occurs, and is certified under the Act, the loss will be reimbursed by the United States government under the formula
detailed above.
The portion of your policy premium attributable to coverage for direct property damage from fire resulting from terrorism in
all of the states listed above, in which your policy provides Inland Marine coverage, is$ Included. This amount is included
in your policy premium and cannot be rejected.
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EaDocuSigned by: >
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9886FA60901F4CF... Q
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Homeland Insurance Company of New York
Policyholder/Applicant's Signature Insurance Company m
Ellaine wi 6/30/2023
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Print Name Date c
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If you have any questions about this notice, please contact your agent.
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Contains copyrighted material of National Association Of Insurance
PHN 001 IL 12 20 Commissioners with its permission. Page 2 of 2
Packet Pg. 213
city of kent 100 x 50 layer.xlsm
DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
8.I.b
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
(APPLICABLE TO CERTIFIED AND NON-CERTIFIED ACTS)
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase
insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act:The term "act
of terrorism" means any act or acts that are certified by the Secretary of the Treasury—in consultation with the
Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a
violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within
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the United States,or outside the United States in the case of certain air carriers or vessels or the premises of a United
States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian a
population of the United States or to influence the policy or affect the conduct of the United States Government by
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coercion. >
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YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED Q
ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER
A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH 3
MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE
UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% BEGINNING ON JANUARY 1, 2020 OF COVERED
TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY
PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT
INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER
THE ACT. 5
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION Q.
CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING o
FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS a.
$100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAY N
BE REDUCED. N
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Acceptance or Rejection of Terrorism Insurance Coverage c
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I hereby elect to purchase terrorism coverage for a prospective premium of$47,250.
I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will Iq
X have no coverage for losses resulting from certified acts of terrorism. I further understand that the
Insurer does not offer stand-alone terrorism coverage for non-certified acts of terrorism and that by
o -deAt g to purchase coverage for certified acts of terrorism, I am also declining to purchase coverage for t
o c t'fied acts of terrorism. This will be reflected in the policy by a Terrorism Exclusion.L_f: w
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9886FA60901 F4CF._ V
6/30/2023
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Policyholder/Applicant's Signature N
Policyholder/Applicant's Printed Name Date
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DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
8.I.b
♦* PARAGON
Insurance Holdings
Paragon Specialty Property
Underwriting on behalf of carriers listed
QUOTE
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IX
POLICYHOLDER DISCLOSURE
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NOTICE OF TERRORISM INSURANCE COVERAGE o
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TERRORISM RISK INSURANCE ACT
3
Under the Terrorism Risk Insurance Act of 2002, as amended pursuant to the Terrorism Risk Insurance Program c
Reauthorization Act of 2019 (the"Act"), you have a right to purchase insurance coverage for losses arising out of acts a
of terrorism,as defined in Section 102(1)of the Act:The term"certified acts of terrorism" means any act that is certified a
by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General L
of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, y
or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of S
certain air carriers or vessels or the premises of a United States mission; to have been committed by an individual or
individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect o
the conduct of the United States Government by coercion. a
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You should know that where coverage is provided by this policy for losses resulting from "certified acts of terrorism," c
such losses may be partially reimbursed by the United States Government under a formula established by federal law.
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However,your policy may contain other exclusions which might affect your coverage,such as an exclusion for nuclear, N
chemical, biological, or radioactive events. Under the formula, the United States Government agrees to reimburse N
eighty percent (80%) of covered terrorism losses that exceed the statutorily established deductible paid by the c
insurance company providing the coverage. The premium charged for this coverage is provided below and does not
include any charges for the portion of loss that may be covered by the Federal Government under the Act.
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You should also know that the Act, as amended, contains a $100 billion cap that limits United States Government
reimbursement as well as insurers' liability for losses resulting from "certified acts of terrorism" when the amount of w
such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed 4)
$100 billion, your coverage may be reduced.
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CONDITIONAL TERRORISM COVERAGE
The federal Terrorism Risk Insurance Program Reauthorization Act of 2019 is scheduled to terminate at the end of
December 31, 2027, unless renewed, extended or otherwise continued by the federal government. Should you select o
Terrorism Coverage provided under the Act and the Act is terminated December 31, 2027, any terrorism coverage as a.
defined by the Act provided in the policy will also terminate
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IN ACCORDANCE WITH THE ACT, YOU MUST CHOOSE TO SELECT OR REJECT COVERAGE FOR
"CERTIFIED ACTS OF TERRORISM" BELOW:
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PSP 00008 (4-22)
Packet Pg. 215
DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
8.I.b
♦* PARAGON
Insurance Holdings
Paragon Specialty Property
Underwriting on behalf of carriers listed
QUOTE
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The Note below applies for risks in these states: California, Georgia, Hawaii, Illinois, Iowa, Maine, Missouri, New
Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, West Virginia, Wisconsin. o
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NOTE: In these states, a terrorism exclusion makes an exception for (and thereby provides coverage for)fire losses
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resulting from an act of terrorism. Therefore, if you reject the offer of terrorism coverage, that rejection does not apply I
to fire losses resulting from an act of terrorism coverage for such fire losses will be provided in your policy. f°
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If you do not respond to our offer and do not return this notice to the Company, you will have no Terrorism Coverage under this
policy. Please select one of the checkboxes below.
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I hereby elect to purchase certified terrorism coverage for a premium of$7,500 L
I understand that the federal Terrorism Risk Insurance Program Reauthorization Act of 2019 may v3i
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terminate on December 31, 2027. Should that occur my coverage for terrorism as defined by the Act
will also terminate.
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I herebyreject the purchase of certified terrorism coverage. a
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DocuSigned by: o
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Policyh AWRnhff Signature Named Insured/Firm o
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6/30/2023 Print Name Policy Number,if available
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PSP 00008 (4-22)
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DocuSign Envelope ID:3C3BC562-AFB3-448A-BF33-22D4D7FC3EC0
A M W I N S M Quote/Authorization 6/14/2 s•I.b
SPECIAL RISK
UNDERWRITERS
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right
to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1)of the Act, as
amended: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the
Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or
an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or
outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been
committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to
influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for"acts o
of terrorism" shall expire at 12:00 midnight December 31, 2027, the date on which the TRIA Program is scheduled to Q-
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terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the Q
earlier of these dates. I
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YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF
_
TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL
LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE,
SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 80% OF
COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE
INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE
ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL
AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF c
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SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. IF THE AGGREGATE INSURED LOSSES a
FOR ALL INSURERS EXCEED USD100 BILLION, YOUR COVERAGE MAY BE REDUCED. N
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THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES N
FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. o
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I hereby elect to purchase coverage for acts of terrorism for a r
prospective premium of USD: $8,125 s
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I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand W
x that I will have no coverage for losses arising from acts of terrorism.
DocuSigned by:
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9886FA60901F4CF... �
Policyholder/Applicant's Signature On behalf of the subscribing Insurers and their
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respective participants C
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S-2304-0386980-01
Print Name Account Number
6/30/2023 r
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Date
Packet Pg. 217
DocuSign Envelope ID:96017DBD-E3CD-476E-BF9F-72EAAABOB4AF
., 8.Lb
AM W I N S Quote/Authorization 6/14/2023
SPECIAL RISK
UNDERWRITERS
FRAUD WARNING DISCLOSURE
Effective Date: 7/1/2023
Named Insured: City of Kent
THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND CERTIFIES THE INFORMATION PROVIDED TO OBTAIN THIS
COVERAGE IS ACCURATE TO THE BEST OF THEIR KNOWLEDGE.THIS INCLUDES ANY APPLICATIONS, LOCATION SCHEDULES,VALUATION STATEMENTS,
LOSS HISTORY INFORMATION AND ENGINEERING REPORTS.
THE FOLLOWING STATEMENT APPLIES IN ALL STATES EXCEPT THOSE NOTED BELOW:
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an
application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
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Alabama Applicants:Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false f°
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information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination o
thereof. °-
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Arkansas Applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false 3
information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
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Colorado Applicants: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the
purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment,fines, denial of insurance, and civil damages.Any
insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder
or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from
insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
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District of Columbia Applicants: WARNING: It is a crime to provide false or misleading Information to an insurer for the purpose of defrauding the
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insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information N
materially related to a claim was provided by the applicant. c0�l
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Notice to Florida Applicants:Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an N
application containing any false, incomplete or misleading information is guilty of a felony of the third degree. c
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Kansas Applicants: Any person who commits a fraudulent insurance act is guilty of a crime and may be subject to restitution, fines and confinement
in prison. A fraudulent insurance act means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be
presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer or insurance agent or broker, any
written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application w
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for insurance, or the rating of an insurance policy, or a claim for payment or other benefit under an insurance policy, which such person knows to
contain materially false information concerning any material fact thereto; or conceals, for the purpose of misleading, information concerning any fact
material thereto.
Kentucky Applicants:Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance
containing any materially false information, or conceals, for the purpose of misleading, information concerning any fact material thereto commits a o
fraudulent insurance act, which is a crime. a
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Louisiana Applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false
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information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
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Maine Applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of Q
defrauding the company. Penalties may include imprisonment,fines or a denial of insurance benefits.
Maryland Applicants: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or
willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
New Jersey Applicants:Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal
and civil penalties.
New Mexico Applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false
information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.
Packet Pg. 218
DocuSign Envelope ID:96017DBD-E3CD-476E-BF9F-72EAAABOB4AF
8.Lb
AM W I N SM Quote/Authorization 6/14/2023
SPECIAL RISK
UNDERWRITERS
New York Applicants:Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance
or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material
thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the
stated value of the claim for each such violation.
Ohio Applicants: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a
claim containing a false or deceptive statement is guilty of insurance fraud.
Oklahoma Applicants: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the
proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
Oregon Applicants:Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially
false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. In order for us to
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deny a claim on the basis of misstatements, misrepresentations, omissions or concealments on your part, we must show that:
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a.The misinformation is material to the content of the policy;
b.We relied upon the misinformation; and o
c.The information was either: CL
•Material to the risk assumed by us; or
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*Provided fraudulently. 3
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For remedies other than the denial of a claim, misstatements, misrepresentations, omissions or concealments on your part must either be fraudulent
or material to our interests. With regard to fire insurance, in order to trigger the right to remedy, material misrepresentations must be willful or
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intentional. Misstatements, misrepresentations, omissions or concealments on your part are not fraudulent unless they are made with the intent to c
knowingly defraud.
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Pennsylvania Applicants: Any person who knowingly and with intent to defraud any insurance company or other person files an application for
insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any
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fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. a
Rhode Island Applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false N
information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
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Tennessee Applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of
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defrauding the company. Penalties include imprisonment,fines and denial of insurance benefits. W
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Vermont Applicants: Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and
subject to penalties under state law. w
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Virginia Applicants: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of
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defrauding the company. Penalties include imprisonment,fines and denial of insurance benefits. N
Washington Applicants: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of
defrauding the company. Penalties include imprisonment,fines, and denial of insurance benefits. a
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West Virginia Applicants: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false
information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. E
DocuSigned by: t
E� J 7/5/2023
9886FA60901F4CF... Q
Insured Signature Date
Producer Signature Date
Packet Pg. 219
DocuSign Envelope ID:96017DBD-E3CD-476E-BF9F-72EAAABOB4AF
Quote/Authorization
6/14/2 8•I.b
AMWINS '"
SPECIAL RISK
UNDERWRITERS
If the policy issued by Amwins Special Risk Underwriters excludes Flood,the following shall apply:
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Flood Exclusion Acknowledgement
I understand the policy issued by Amwins Special Risk Underwriters does NOT provide coverage for loss or damage caused by or resulting from
Flood,as defined in policy form.
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I understand that Flood insurance can be purchased elsewhere from a private flood insurer or the National Flood Insurance Program. >
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It is strongly recommended that Insureds in"Special Flood Hazard Areas"or areas subject to Flooding,as defined in policy form,obtain Flood Q
coverage.
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I also understand that execution of this form does NOT relieve me of any obligation that I may have to my mortgagees or lenders to purchase y
Flood insurance.
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If the policy issued by Amwins Special Risk Underwriters includes Flood,the following shall apply:
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Flood Coverage
I understand the policy issued by Amwins Special Risk Underwriters does provide coverage for loss or damage caused by or resulting from Flood,
as defined in policy form. Q
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I understand that loss or damage caused by or resulting from Flood,as defined in policy form,will be subject to the Flood sublimit stated d
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elsewhere in the policy. c
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1 understand that if I do not sign this form that my application for coverage may be denied or that my policy issued by Amwins I
Special Risk Underwriters may be cancelled or non-renewed. I have read and I understand the information above. C"
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DocuSigned by:
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Policyholder/Applicant's Signature
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