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HomeMy WebLinkAboutCity Council Committees - Kent City Council - 09/05/2023 (2) KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, September 5, 2023 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 869 8780 1117 Passcode: 718606 Join Zoom Meeting Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas Councilmember Marli Larimer Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Boyce, Subject Matter Chair A. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 15, 2023 4:00 PM B. Payment of Bills - Authorize YES Paula Painter 01 MIN. Committee of the Whole Committee of the Whole - September 5, 2023 Regular Meeting C. Repeal of Resolution No. 1950, YES Ellaine Wi 05 MIN. and Adoption of Updated Americans with Disabilities Act (ADA) Grievance Policy - Resolution - Adopt D. Tiburon Renewal with YES Tara Duckworth 05 MIN. CentralSquare Technologies, LLC - Authorize E. INFO ONLY: July, 2023 Monthly NO Michelle Ferguson 10 MIN. Financial Report Economic and Community Development-Councilmember Troutner, Subject Matter Chair F. Targeted Residential Investment YES Lindsay Walker 10 MIN. Program - Astro Park Townhomes Agreement - Authorize G. Appointment to the Kent Special YES Kurt Hanson 05 MIN. Events Public Facilities District Board - Appoint Parks-Councilmember Michaud, Subject Matter Chair H. Home Repair Senior AC Unit YES Merina Hanson 05 MIN. Purchase - Ratify I. Washington State Recreation and YES Kerry O'Connor 05 MIN. Conservation Office Local Parks Maintenance Grant - Resolution Authorizing - Adopt J. Easement to Lake Meridian Water YES Terry Jungman 05 MIN. District for Backwash Tank at Sun Meadows Park - Authorize K. Easement to Puget Sound Energy YES Terry Jungman 05 MIN. for Well House at Sun Meadows Park - Authorize Public Safety-Council member Kaur, Subject Matter Chair L. Washington Traffic Safety YES Sara Wood 05 MIN. Commission Interagency Agreement for Region 8 Target Zero Manager - Authorize Public Works-Councilmember Fincher, Subject Matter Chair M. Consultant Services Agreement YES David Paine 05 MIN. Committee of the Whole Committee of the Whole - September 5, 2023 Regular Meeting with Fehr and Peers, Inc. for the Local Road Safety Plan Update - Authorize N. Joint Funding Agreement with the YES Mike Mactutis 05 MIN. US Geological Survey - Authorize O. INFO ONLY: Department of NO Tony Donati 10 MIN. Ecology - 2023-2025 Ramp Litter Cleanup Grant S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. 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 Committee of the Whole 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 Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.cov. 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. Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WASHINaTON Regular Meeting Minutes August 15, 2023 Date: August 15, 2023 Time: 4:00 p.m. Place: Chambers N 1. CALL TO ORDER Council President Boyce called the meeting to order. c 2. ROLL CALL ° a 0. Attendee Name Titl Status Arrived a Bill Boyce Council President Present 2 Brenda Fincher Councilmember Present a. 0 Satwinder Kaur Councilmember Late IR Zandria Michaud Councilmember Present N Les Thomas Councilmember Present N Toni Troutner Councilmember Present Marli Larimer Councilmember Excused a 3. AGENDA APPROVAL as A. I move to approve the agenda as presented. c SER ULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember a AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner Q N N r 7 4. BUSINESS Operations A. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 1, 2023 4:00 PM Packet Pg. 4 Kent City Council - Committee of the Whole August 15, 2023 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner B. Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2023 and June 30, 2023 - Adopt Financial Planning Manager, Michelle Ferguson provided details on the technical gross budget adjustment ordinance reflecting an overall budget increase of $4,638,240. 4- 0 Ferguson reviewed the adjustments totaling $4,248,390 that have previously been approved by Council. ° a a Q Ferguson reviewed the remaining adjustments totaling $389,850 that have not been previously approved by Council. a 0 MOTION: I move to adopt Ordinance No. 4472, consolidating budget adjustments made between April 1, 2023 and June 30, N 2023, reflecting an overall budget increase of $4,638,240. N L r RESULT: MOTION PASSES [UNANIMOUS] 0 MOVER: Les Thomas, Councilmember Q SECONDER: Toni Troutner, Councilmember ° AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner 2 c C. INFO ONLY: June 2023 Financial Report ai Financial Planning Manager, Michelle Ferguson presented the June 2023 Financial Report. Ferguson advised sales tax revenues continue to come in strong and Q reviewed the B&O Tax, Licenses and Permit, Intergovernmental and .2 Miscellaneous revenues. _ Ferguson provided additional context to the variances from 2022 for the Capital Resources, Criminal Justice, Fleet Services and Unemployment funds. Public Works D. Federal Way Link Extension Staffing Agreement - Authorize Engineering Manager, Derek Hawkes provided details on the Amendment 2 to the Sound Transit Task Order #2. ................................................................................................................................................................................................................. .............................................. Page 2 of 3 Packet Pg. 5 Kent City Council - Committee of the Whole August 15, 2023 Committee of the Whole - Regular Meeting Kent, Washington Minutes ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Task Order #2 provided agreement that Sound Transit will pay the City a fixed fee in the amount of $335,000 per quarter for twenty quarters for a total amount of six-million-seven-hundred-thousand dollars ($6.7 million) for staff time and fees related to the Federal Way Link Extension Project. Since the project was awarded, delays in the project have resulted in additional staff time needed to complete the review of the FWLE project. These delays include impacts from COVID, world-wide supply chain issues, labor disputes, soil conditions and scheduling the opening of FWLE with other Sound Transit light rail projects. c Sound Transit has proposed an amendment to Task Order 2 which provides 4- for an additional $1,750,000 to cover additional City costs which will be made 0 in quarterly payments. Two additional $335,000 quarterly payments will be o made through the second quarter of 2024, followed by six quarters of a payments of $180,000 with final payment scheduled through the second a quarter of 2026. 2 a MOTION: I move to authorize the Mayor to sign the o Amendment to Task Order 2 of the City Services Agreement between the City of Kent and Sound Transit for additional o funding of $1,750,000, subject to final terms and conditions N acceptable to the Chief Administrative Officer and City r Attorney. Q RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner c r S. ADJOURNMENT a Council President Boyce adjourned the meeting at 4: 18 p.m. N a� r c Meeting ended at 4: 18 p.m. Ki44 Ley A. Ko-wwto- City Clerk ................................................................................................................................................................................................................. .............................................. Page 3 of 3 Packet Pg. 6 4.6 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Authorize MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 7 4.0 HUMAN RESOURCES DEPARTMENT Holly Harvey-Smith - Human Resources Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5270 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Repeal of Resolution No. 1950, and Adoption of Updated Americans with Disabilities Act (ADA) Grievance Policy - Resolution - Adopt MOTION: I move to repeal Resolution No. 1950, and adopt Resolution No. 2065, updating the City's Grievance Procedure under the Americans with Disabilities Act. SUMMARY: In 2017, City Council adopted Resolution No. 1950, which established the process under which individuals may file complaints with the City alleging discrimination under the Americans with Disabilities Act ("ADA"). The original procedure designated a specific employee to serve as the ADA Program Coordinator, tasked with receiving any of these complaints. This new resolution repeals Resolution No. 1950 and re-adopts an updated policy. Instead of naming an actual employee as the ADA Program Coordinator, the updated policy designates the position of Risk Manager to serve in this role. The other provisions of the policy remain the same. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. ADA Resolution (PDF) Packet Pg. 8 4.C.a c �a a� V a 0 a RESOLUTION NO. 2065 Q N 2 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. y 1950 and adopting an updated policy outlining the process under which individuals may file complaints with the City alleging discrimination under the Americans with Disabilities Act (ADA) and updating the ADA Coordinator. E a RECITALS A. The Americans with Disabilities Act of 1990 ("ADA") requires cities with more than 50 employees to establish a grievance policy for o r- individuals who wish to file a complaint alleging discrimination on the basis a of disability in the provision of services, activities, programs, or benefits by Q the City. c B. Previously in 2017, Resolution No. 1950 was adoptedLO establishing the grievance policy for the City and designating a specific o employee to serve as the ADA Coordinator charged with investigating any 0 complaints received. 0 C. This Resolution repeals Resolution No. 1950 and designates the position of Risk Manager to serve as the ADA Coordinator. The other o 0 provisions of the policy remain the same. a aD N NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, M WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: o .2 RESOLUTION aD SECTION 1. Repealer. Resolution No. 1950 relating to ADA o Q grievance procedure is hereby repealed in its entirety. c a� 1 Resolution - E ADA grievance policy Q Packet Pg. 9 4.C.a c SECTION 2. Adopt. The City of Kent adopts a policy entitled "ADA Grievance Policy," attached hereto and incorporated as Exhibit A. 0 a 0 Q SECTION 3. Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. N 0 3 SECTION 4. Corrections by City Clerk. Upon approval of the ° city attorney, the city clerk is authorized to make necessary corrections to a� this resolution, including the correction of clerical errors; resolution, section, E Q or subsection numbering; or references to other local, state, or federal laws, ° codes, rules, or regulations. 4- 0 c SECTION 5. Effective Date. This resolution shall take effect ° a and be in force immediately upon its passage. Q c ° September 19, 2023 0 Ln o� DANA RALPH, MAYOR Date Approved o z c 0 ATTEST: 0 CD September 19, 2023 W 4- 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a as APPROVED AS TO FORM: M C O 3 TAMMY WHITE, CITY ATTORNEY 0 N N Q Q C N 2 Resolution - E ADA grievance policy U Q Packet Pg. 10 4.C.a Exhibit A •L CITY OF KENT o Grievance Procedure a under The Americans with Disabilities Act N 0 A. Overview 3 c This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of E Kent. The City's Personnel Policy governs employment-related complaints of disability discrimination. The procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination or unaccommodated barriers to access. Every effort will be made to resolve complaints informally c at the city level. o a B. Procedures 0 Q Any individual, group of individuals or entity that believes they have been subjected to E_ discrimination or faced unaccommodated barriers to access as defined by the ADA may file a written o complaint with the City's ADA Program Coordinator using the procedure outlined below. The City's o Risk Manager is designated as the ADA Program Coordinator. o z 1. FILING A COMPLAINT (GRIEVANCE) 0 Contents of the Complaint 3 The complaint should be in writing and contain information about the alleged discrimination a such as name, address, phone number of complainant and location, date, and description of W the problem. Alternative means of filing complaints, such as personal interviews or a tape c recording of the complaint, will be made available for persons with disabilities upon request. Q as Deadline to File a Complaint W The complaint should be submitted by the complainant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation. 0 Where to File a Complaint The complaint should be submitted to 0 City Risk Manager/ADA Program Coordinator City of Kent Q City Clerk's Office Q 220 Fourth Avenue South Kent, WA 98032 riskmanagement@kentwa.gov 1 Q ADA Grievance Procedure Packet Pg. 11 4.C.a 2. RESOLUTION OF THE GRIEVANCE (COMPLAINT) Review by the ADA Coordinator Upon receiving the written complaint, the ADA Program Coordinator, in consultation with other city staff, will determine if an external entity should conduct the investigation. If the complaint is against the City of Kent, the city may request that an external entity conduct a the investigation. If the complaint is against an entity under contract with the city, the a appropriate department and/or division will be notified of the complaint within 15 calendar days, and the city will determine if an external entity should conduct the investigation. Q N N Meeting_ with the ADA Coordinator ' Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee, will meet with the complainant to discuss the complaint and the possible o resolutions. 3 Response from ADA Coordinator Within 60 calendar days of receipt of the complaint, the ADA Coordinator or his/her L designee, will prepare a written investigative report for the appropriate department director and Chief Administrative Officer. The report shall include a narrative description of the Q incident, identification of persons interviewed, findings and recommendations for resolution. Appeal of Response from ADA Coordinator If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve o the issue, the complainant and/or his/her designee may appeal the decision within 15 0 calendar days after receipt of the response to the Chief Administrative Officer. a O Response to Appeal from Chief Administrative Officer Within 15 calendar days after receipt of the appeal, the Chief Administrative Officer or his/her designee, will schedule a time to meet with the complainant to discuss the complaint and o possible resolutions. Within 15 calendar days after the meeting, the Chief Administrative Officer or his/her designee will respond in writing and where appropriate, in a format o accessible to the complainant, with a final resolution of the complaint or with a date by which .- a final resolution will be issued. 0 3 O N N 3. RETENTION OF COMPLAINT FILES 0 All written complaints received by the ADA Coordinator, appeals to the Chief Administrative Q Officer, or their designees, and responses from these two offices will be retained by the City of Kent in accordance with the City's adopted records retention policy. N �o M C O 3 O N N Q Q C N E t V R 2 Q ADA Grievance Procedure Packet Pg. 12 4.D INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South KENT Kent, WA 98032-5895 WAS"'N G T O N 253-856-4600 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Tiburon Renewal with CentralSquare Technologies, LLC - Authorize MOTION: I move to authorize the Mayor to sign the Renewal Order with CentralSquare Technologies, LLC, in the amount of $150,689.99, subject to final terms and conditions acceptable to the IT Director and City Attorney; and authorize the IT Director to sign future renewals that are within established budgets; and to ratify past actions consistent with this motion. SUMMARY: Tiburon is software used by the Police Department for computer aided dispatch, records management, mobile and data communications, and field reporting. The City currently contracts with CentralSquare Technologies, LLC for the Tiburon software. The original master support agreement for Tiburon was executed in 2005 with the company CompuDyne and it is renewed each year. Since then, CompuDyne was acquired and the City now contracts with CentralSquare Technologies, LLCC. The upcoming renewal from September 9, 2023 to September 8, 2024 will cost $150,689.99. The terms of the original master support agreement are still in place. Through the years, some renewals were authorized through budget line items, but other renewals occurred without the requisite authority. Staff asks Council to authorize the upcoming renewal, any future renewals within established budgets, and to ratify past actions. With this renewal, the City will have spent $2,275,566.22 on Tiburon. A new system will be replacing Tiburon and is expected to go live in 2024 or 2025. BUDGET IMPACT: The $150,689.99 annual cost is being funded by the IT Operating and Maintenance budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 13 4.D ATTACHMENTS: 1. Master Services Agreement (PDF) 2. Amendment #1 to Master Services Agreement (PDF) 3. Renewal Order (PDF) Packet Pg. 14 4.D.a MASTER SUPPORT AGREEMENT This Master Support Agreement(this"Agreement') is entered into tip' �C� � I , 2005 (the "Effective Date"), by and between the City of Kent, with its principal place of business at 220 4 Ave S., Kent, Washington 98032 (the "City") and CompuDyne— Public Safety&Justice, Inc., a Virginia corporation having its primary place of business at 39350 Civic Center Drive, Fremont, California 94538 ("CompuDyne"). WHEREAS, the City has determined that it desires to obtain from CompuDyne certain support services relating to a computer automated system previously developed and implemented by CompuDyne for the G City; and N •L 0 WHEREAS, CompuDyne is qualified to provide the support services specified in this Agreement and, subject to the terms and conditions set forth in this Agreement, CompuDyne desires to provide such support Q services; 3 NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and CompuDyne hereby agree as follows: c 1.0 Definitions 0 Capitalized terms used herein and in any exhibit hereto shall have the definitions set forth on Exhibit A, ~ "Common Terms And Conditions Between The City Of Kent And CompuDyne Public Safety & Justice, Inc.", unless otherwise defined herein. a "Account Manager" shall mean a single individual to act as the CompuDyne account manager for purposes of r coordinating technical support. U "Additional Support Option"as defined in Section 2.2 of this Agreement. M to "Agreement"shall mean this Master Support agreement including all Exhibits. In the event of a conflict between any provisions of this Agreement the following precedence shall be observed: c aD E • Change orders to this Master Support Agreement; 0 m • Exhibit A, Common Terms and Conditions between The City of Kent and CompuDyne Public Safety& a, Justice, Inc.; Q N • Sections 1 through 7 of this Master Support Agreement; • Exhibit 1 though Exhibit 6 with the lower numbered exhibit taking precedence over the higher numbered exhibit. L "Authorized Server" shall mean,with respect to any of the Covered Applications, the server identified as N corresponding to such Covered Application on Exhibit 1, "Covered Applications", of the Master Support Agreement. c "Authorized Site"shall mean,with respect to any of the Authorized Servers, the address and room number E identified as corresponding the such Authorized Server on Exhibit 1, "Covered Applications", of the Master 0 Support Agreement. f° Q "Basic Support" is defined in Section 2.1, Basic Support, of this Agreement. "Covered Application" shall mean each software application and custom interface developed by CompuDyne in accordance with the Functional System Specifications identified as a Covered Application on Exhibit 1, "Covered Applications", of the Master Support Agreement, including all Maintenance Modifications thereto, all Derivative Works thereof, and all related Documentation. Page 1 of 10 Master Support Agreement Kent WA Packet Pg. 15 4.D.a "Out of Scope Services"shall consist of any services provided under the Master Support Agreement that are outside the scope of those services specifically and expressly identified under, and provided pursuant to, Section 2.1, "Basic Support", Section 2.2, "Additional Support", or Section 2.3, "Enhancements", of the Master Support Agreement. "Payment Date"shall mean August 30 of each year during the term of this Agreement. "Priority One Call"shall mean a call requesting technical support for an Error in any Covered Application or a failure of the Authorized Server on which such Covered Application is installed that prevents continued use or operation of the System, impacts all or substantially all operators using the System, halts or severely impacts critical System operations or endangers the integrity of any database on any of the Authorized Servers. The N term Priority One Call shall not include calls requesting technical support relating to a problem encountered with 0 substantially less than all functions of a Covered Application or all records of a database on any of the Authorized Servers, or to a failure in individual components of the network communications equipment, Q communications lines, terminals,workstations, printers, terminal servers or modems. The City shall have exclusive authority for determining whether a technical service request constitutes a Priority One Call. ?: c "Site Specifications" is defined in Exhibit 4, Site, System and Network Specifications. c "System Configuration"shall mean the configuration in which the existing Covered Applications are installed ° as of the Effective Date together with any modifications permitted by this MSA. The configuration includes: m • the configuration of the Authorized Servers R • any operating system installed on any of the Authorized Servers a • any database or other third party software products installed on any of the Authorized Servers • any PC operating system,database or anti-virus software having access to any of the Covered Applications a� U • any network communications equipment • any wiring, cabling and connections to any of the Authorized Servers M "Technical Support Coordinator" is defined in Section 5.11 of this Agreement. c 2.0 Scope of Work E m m 2.1 Basic Support. Subject to the terms and conditions set forth in this Agreement, CompuDyne shall provide the following support for the Covered Applications ("Basic Support"). y (a) Application Errors. CompuDyne will correct any Error in any of the Covered Applications and custom Interfaces provided by CompuDyne discovered by CompuDyne or the City during the term of this Agreement, provided (a) the City provides all information regarding such Error that may be requested by CompuDyne in accordance with Section 5.1, N "Technical Service Requests", (b) such Error is reproduced by CompuDyne or the City in accordance with Section 5.4, "Error Reproduction", and (c) the City has provided CompuDyne with remote access to the System as required under Section 5.2, "Remote a Access". E t c.� (b) Customer Support Center. CompuDyne will provide toll-free telephone support for Q routine operational and technical assistance. Support for Priority One Calls relating to all Covered Applications deployed for the City shall be available twenty four hours a day, seven days a week. Support for all other calls will be available during CompuDyne's normal support hours of 8:00 a.m. to 5:30 p.m. Pacific Time (not including weekends and CompuDyne holidays). CompuDyne reserves the right to charge reasonable call-out fees for any non-priority one call received other than during CompuDyne's normal support hours. (c) Account Manager. CompuDyne will designate, in a written notice delivered in accordance with Section 19, "Notices" of Exhibit A, an Account Manager. The Account Page 2 of 10 Master Support Agreement Kent WA Packet Pg. 16 • • Manager shall ensure CompuDyne's compliance with, and shall coordinate appropriate schedules in connection with, its obligations set forth herein. CompuDyne may change the individual designated hereunder by providing the City with advance written notice delivered in accordance with Section 19, "Notices", of Exhibit A, designating the new individual authorized to act as the Account Manager. (d) Status Reports. CompuDyne will provide the City with a monthly status report (a "Monthly Status Report"), Each Monthly Status Report will include a summary of site activity and a summary of requests by the City for technical services delivered in accordance with Section 5.1, "Technical Service Requests". Each Monthly Status Report will be delivered to the City in accordance with the notice provisions set forth in Section 19, "Notices", of Exhibit ^' A. o r (e) Interface Updates. CompuDyne will provide updates to the National Crime Q Information Center interface and related Documentation, including all existing screen formats developed and currently supported by CompuDyne, for all legal requirements or ?: modifications mandated by the National Crime Information Center, when such requirements = or modifications require a modification to the Source Code relating to any Covered Application and are necessary for the proper performance of the Covered Applications. 0 Changes mandated or offered by any state, county, city or municipal governmental entity as well as changes to the National Crime Information Center communications protocols are -2 outside the scope of this section. ~ m L R (f) Operations Review. So long as the City's annual fees hereunder exceed Seventy a Thousand Dollars (70,000) in the aggregate, CompuDyne will be available to visit the City's facilities at CompuDyne's own expense at least annually to meet with management, r operations and other City personnel to conduct an operations review of the Covered Applications and the System and an analysis of the City's automation requirements. A L) report will be produced to include observations and recommendations regarding the City's M use of the Covered Applications and the System. CompuDyne will work with the City to M document this review in the form of a multi-year automation plan. -- c (g) Version Management Program: City is entitled to participation in CompuDyne's E Version Management Program (VMP) as described in the CompuDyne Public Safety & Justice, Inc. Version Management Program (VMP) Reference Manual dated September 2, 2005, which is incorporated as Exhibit 6. Q (h) Level One DBA Support: The database services are limited and do not include preventative monitoring of Client databases and assumes that periodic database backups, backup functionality monitoring, periodic database maintenance, and database recoveries in 2 L case of disaster fall under the Client's database administration responsibilities. CompuDyne W provides consultation to diagnose and resolve database problems related to the CompuDyne Covered Applications. c 2.2 Additional Support Options. In addition to Basic Support, the City may purchase E E Additional Support Options, such as Advanced Database Support, Advanced System Support, Advanced Network Support and other services that may, from time to time, be offered by CompuDyne (each, an "Additional Support Option"). The City may request information regarding Q the Additional Support Options currently available from the CompuDyne Account Manager. The terms and conditions for each Additional Support Option shall be set forth in a separate exhibit which, upon payment of the required annual fee for such Additional Support Option, shall automatically become part of this Agreement and shall be subject to the terms thereof. The City may discontinue any Additional Support Option by providing CompuDyne at least ninety (90) days prior written notice identifying the Additional Support Option to be discontinued; provided, however, that such discontinuance shall not be effective until the next occurring Payment Date. Page 3 of 10 Master Support Agreement Kent WA Packet Pg. 17 4.D.a 2.3 Enhancements. From time to time, the City may request CompuDyne to provide under this Agreement services and materials to furnish, install and implement an Enhancement. The installation and implementation of such Enhancement shall be provided, at CompuDyne's option, on a fixed-quote basis with payment milestones or on a time and material basis at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. No Enhancement shall be provided under this Agreement unless (a) this Agreement is amended as necessary or appropriate to include the Enhancement Terms relating to the Enhancement; (b) the Enhancement Terms are attached to this Agreement as a new exhibit and, except as specifically set forth therein, are subject to the terms hereof; (c)the Enhancement Terms include terms regarding final acceptance of the Enhancement; (d) the Enhancement Terms provide that, upon final acceptance of the Enhancement, Exhibit 1, "Covered Applications", to this L Agreement shall be amended to include the Enhancement as a Covered Application subject to the 0 City's payment of any necessary additional support fees relating to the Enhancement; and (e) the Q Enhancement Terms provide that, upon final acceptance of such Enhancement, the Software , License Agreement shall be amended as necessary or appropriate to grant to the City the i appropriate rights to use the Enhancement, subject to payment in full of all amounts due under the 3 Enhancement Terms. c a� o: 2.4 Out of Scope Services. From time to time, the City may request CompuDyne to provide o under this Agreement certain Out of Scope Services. CompuDyne shall be under no firm obligation to perform any Out of Scope Services, but shall undertake to make a good faith effort to perform -2 such services to the extent that it is capable of doing so without substantial) ~ p g y interfering with its other obligations under this Agreement or with its obligations to its other customers. Any Out of 3 Scope Services shall be provided, at CompuDyne's option, on a fixed-quote basis with payment a milestones or on a time and material basis at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. Under no circumstances will any r Out of Scope Services be performed without the City Representative's prior written consent. a U 2.5 .Altering Functionality. In the course of updating or enhancing the software application, M CompuDyne may alter an application's functionality. However, CompuDyne shall not eliminate or to substantially alter any existing functionality without the express written permission of the City. c 2.6 Program Retirement. CompuDyne will provide the City with six months written notice in E advance of the retirement of any Covered Application. After the effective date of any such retirement, CompuDyne may cease to provide enhancements or any further development to the a, affected Covered Application(s) but will continue to provide maintenance support in accordance Q with the Master Support Agreement for the Covered Application(s)for not less than three (3) years from such effective date, or not less than five (5) years from the Effective Date of this Agreement whichever is longer. The City acknowledges that certain components or features of any Covered Application may depend on software supplied to CompuDyne by third parties or may depend on L characteristics of the Operating Environment, and in such cases the scope of maintenance support N may be limited by factors outside CompuDyne's commercially reasonable control. 2.7 Operating Environment Support. CompuDyne's maintenance support will be available for a the CompuDyne Applications functioning with the computer operating systems, database platform, E network operating system, and network communication protocols on which the CompuDyne Applications are installed (the City's "Operating Environment") until the earlier of five (5) years from the date the City issues its Final Acceptance of all CompuDyne Applications or the date on which Q CompuDyne is otherwise no longer obligated to provide support. As a condition of continued support, from time to time City may be required to upgrade components of the Operating Environment to a more recent version of the same component from the same vendor, and such upgrade shall be at City's expense. (For example, Oracle 8 to Oracle 9, Windows 2000 to Windows XP, etc.) CompuDyne may discontinue support for the City's Operating Environment at any time prior to the expiration of the aforesaid period, if CompuDyne provides, at no cost to City, all commercially reasonable assistance necessary to move the City to an Operating Environment of the City's choice, acquired by the City, that is then supported by CompuDyne. This assistance will Page 4 of 10 Master Support Agreement Kent WA Packet Pg. 18 4.D.a 0 0 include installation and configuration of the CompuDyne Applications in the new operating environment, conversion of data from the unsupported operating environment to the new operating environment, and training necessary to operate and maintain the system in the new environment. 3.0 Term The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated as provided in this Agreement. 4.0 Fees and Payment N 4.1 Annual Support Fees o r (a) Basic Support. The City shall pay an annual fee for Basic Support for each of the Q Covered Applications. The amount of such annual fee shall be set forth on Exhibit 1, "Covered Applications", and shall be paid in advance on or prior to the expiration of any 3 warranty period designated in Exhibit 1, for such Covered Application and, thereafter, on each Payment Date during the term of this Agreement. c (b) Additional Support Options, The City shall pay an annual fee for any requested ° Additional Support Options. The amount of such annual fee shall be set forth on the exhibit -2 pertaining to such Additional Support Option and shall be paid on or prior to the commencement of any services relating to such Additional Support Option and, thereafter, R on each Payment Date during the term of this Agreement unless such Additional Support ' Option has been discontinued in accordance with Section 2.2, "Additional Support Options". L 4.2 Annual Adjustments. The fees payable pursuant to Section 4.1, "Annual Support Fees" _ a� will be increased on an annual basis by no more than five percent (5%) upon at least thirty (30) v days prior written notice to the City. Any such increase shall become effective on the next occurring Payment Date. to M 4.3 Invoices. Invoices for the annual fees required pursuant to Section 4.1, "Annual Support Fees", shall be payable on or prior to each Payment Date during the term of this Agreement. All other invoices issued hereunder shall be payable within thirty(30) days of receipt unless otherwise specifically provided therein. L a� Q 4.4 Consequences of Late Payment. Failure to pay any amount owing hereunder when such amount is due shall constitute a material default under this Agreement and could result in the termination of this Agreement or all or part of the Basic Support or any Additional Support Option. The City shall reimburse CompuDyne for all collection fees, including reasonable attorneys' fees and expenses, incurred by CompuDyne in connection with the collection of any amount owing w; hereunder. CompuDyne reserves the right to charge the City an administrative fee to reinstate any part of its support that has lapsed due to nonpayment. The administrative fee may equal up to ten percent(10%)of the then-current annual support fee for the lapsed support. a� 5.0 City Responsibilities t �a 5.1 Technical Service Requests. The City shall provide all information requested by Q CompuDyne necessary to complete its Technical Service Request Form for each request for technical services, whether under this Agreement or otherwise. 5.2 Remote Access. The City shall install and monitor during the term of this Agreement a dial-up modem to provide CompuDyne remote access to the System. CompuDyne shall not be responsible for any costs relating to the installation, maintenance and use of such equipment and any associated telephone use charges. CompuDyne shall use the data connection solely in connection with the provision of its services hereunder. The City will run appropriate tests following each remote access Page 5 of 10 Master Support Agreement Kent WA Packet Pg. 19 4.D.a 0 as requested by CompuDyne. if the City fails to run the requested tests (including having City IT staff reasonably available, as mutually agreed , in order to verify that a fix/correction is successful) , CompuDyne will provide appropriate services and will charge the City for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses. 5.3 Physical Access. The City shall provide CompuDyne with physical access to the System as mutually agreed upon during normal business hours. After normal business hours, the City shall ensure that a City Representative can be reached by phone or pager to (a) provide physical access to the System within two (2) hours of CompuDyne's request for such access, and (b) remain on-site until CompuDyne determines that there is no longer a need for physical access. N L O 5.4 Error Reproduction. Upon detection of any Error in any of the Covered Applications, the City shall provide CompuDyne a listing of output and any other data, including databases and back-up Q systems, that CompuDyne may reasonably request in order to reproduce operating conditions similar ' to those present when the Error occurred. 3 a� _ 5.5 Maintenance and Back-Ups. The City shall ensure that maintenance and back-up activities relating to the Covered Applications and the System, including without limitation backing up databases and journal logs, purging out-of-date records and running reports and performing ° diagnostics as requested by CompuDyne, are carried out in accordance with the schedule and methodology specified on Exhibit 5, "Back Up Schedule and Procedures". m L 5.6 Data Input. The City shall update and maintain the input data as may be required by a CompuDyne for satisfactory operation of the Covered Applications, and be responsible for the cn accuracy of all City-provided data. L r 5.7 Third-Party Product Support. The City is fully responsible to support the Third-Party L) Products as specified on Exhibit 3, "Third-Party Support Contracts" and to provide support services to M CompuDyne as needed. 4LO M 5.8 System Security. The City shall ensure that the security of the System conforms in all respects to the state-mandated law enforcement telecommunications requirements. The City shall ensure that no workstations have access to the Covered Applications other than those licensed by CompuDyne to access the Covered Applications and that such access is limited to only those TCP/IP addresses and TCP/IP service ports identified by CompuDyne required to support such workstations. Q N 5.9 System Modifications. The City shall ensure that, with respect to each Covered Application, such Covered Application is installed only on the Authorized Servers and only at the Authorized Sites. m The City shall ensure that each Authorized Site conforms in all respects to the Site Specifications set forth on Exhibit 4, "Site, System and Network Specifications". The City shall ensure that no changes w or other alterations or modifications are made to the System Configuration without the prior consent of CompuDyne; provided, however, that this requirement is not intended to constitute in any manner CompuDyne's approval, certification, endorsement or warranty of the System Configuration. W 5.10 Authorized City Representative. The City shall designate, in a written notice delivered in E accordance with Section 19, "Notices", of Exhibit A, a single individual to act as the City's authorized representative for purposes of this Agreement(the"City Representative"). Such individual (a) must be Q authorized to act on the City's behalf with respect to all matters relating to this Agreement; (b) shall ensure the City's compliance with its responsibilities under this Agreement; and (c) shall coordinate appropriate schedules in connection with CompuDyne's services under this Agreement. The City may change the individual designated hereunder by providing CompuDyne advance written notice delivered in accordance with Section 19, "Notices", of Exhibit A designating the new individual authorized to act as the City Representative. Page 6 of 10 Master Support Agreement Kent WA Packet Pg�20 _ 4.D.a 5.11 Technical Support Coordinators. The City shall designate, in a written notice delivered in accordance with Section 19, "Notices", of Exhibit A, one or more individuals to act as the City's technical support coordinator (a "Technical Support Coordinator"). The City shall ensure that each Technical Support Coordinator designated hereunder shall have received the training required under pp 9 g Section 5.12, "Training", and shall otherwise be familiar with the Covered Applications and the System. The City shall ensure that, a Technical Support Coordinator is available (a) to screen operational assistance calls and handle operational problems, where appropriate; (b) to provide access to the System as required under Section 5.3, "Physical Access'; (c) to provide on-site technical assistance as required by CompuDyne to aid CompuDyne in performing its services hereunder; and (d) to review all Monthly Status Reports delivered hereunder and, if required, provide CompuDyne with required direction regarding recommended preventative maintenance activities. N The City may change any individual designated hereunder by providing CompuDyne with advance o written notice delivered in accordance with Section 19, "Notices", of Exhibit A designating the new 5 individual authorized to act as a Technical Support Coordinator. Q 5.12 Training. The City shall ensure that all Technical Support Coordinators have received the 3 training specified on Exhibit 2, "Training", and otherwise maintain sufficient personnel with sufficient training and experience to perform its obligations under this Agreement. _ 5.13 Operations Review. The City shall meet with CompuDyne as may be reasonably requested ° to discuss operational issues and the status of the Covered Applications and the other components of the System, and as required to provide timely responses to issues identified by CompuDyne related to maintenance of the Covered Applications or the other components of the System. The City shall cc ensure that key personnel designated by CompuDyne participate in the operations review process. a 6.0 Exclusions r 6.1 Failure to Observe Obligations. Basic Support provided hereunder is expressly conditioned c) on the observance of the responsibilities of the City set forth in Section 5, "City Responsibilities", and in M the Software License Agreement. Any Additional Support Option provided hereunder is expressly (.0 conditioned on the observance of the responsibilities of the City set forth in Section 5, "City Responsibilities", in the Software License Agreement and in the exhibit pertaining to such Additional Support Option. ° E m 6.2 Erroneous Reported Problems. If CompuDyne performs diagnosis of erroneously reported problems CompuDyne reserves its right to charge for excessive use of those services. In Q that event the City will be charged for such services at CompuDyne's then current technical service rates plus all related travel, per diem, and other expenses as incurred. However, CompuDyne will not unilaterally dispatch personnel to the City's site without the City's prior approval. Additionally, CompuDyne will provide a not-to-exceed estimate of costs for the visit to the City's site, if a visit were required, and CompuDyne will not charge the City for Travel time to and from the City's site. w; 6.3 Failure of Remote Access. If the City fails for any reason to provide remote access to the System as required by Section 5.2, "Remote Access", CompuDyne will, at the City's request, c provide on-site services to correct an Error to the extent otherwise required hereunder and will aD charge the City for such services at CompuDyne's then current technical service rates plus all t related travel, per diem and other expenses invoiced as incurred. r Q 6.4 Unauthorized Modifications. CompuDyne is under no obligation to correct any Error in any of the Covered Applications if the Error is due to an unauthorized modification or alteration to such Covered Application in violation of the terms of the Software License Agreement or caused by any portion of such Covered Application that has been affected by software not developed and installed by CompuDyne. CompuDyne is under no obligation to correct any problems caused by any modification or alteration to any component of the System or to the System Configuration in violation of the terms of this Agreement or caused by software or hardware not developed and installed by CompuDyne. If requested by the City, CompuDyne will provide technical support Page 7 of 10 Master Support Agreement Kent WA Packet Pg. 21 4.D.a services to resolve such problems pursuant to Section 2.4, "Out of Scope Services", and will charge the City for such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. 6.5 Unauthorized Use. CompuDyne is under no obligation to correct any Error in any of the Covered Applications or any problems with any other component of the System if such Error or other problem is caused by (a) accident, neglect, misuse or abuse on the part of any party other than CompuDyne; (b) is due to exposure to conditions outside the range of the environmental, power and operating specifications provided by CompuDyne in the Site Specifications delivered pursuant to Section 5.9, "System Modifications"; or (c) use of any of the Covered Applications or any other component of the System for any purpose other than authorized by CompuDyne. If N requested by the City, CompuDyne will provide technical support services to resolve such problems o pursuant to Section 2.4, "Out of Scope Services"', and will charge the City for such services at 5 CompuDyne's then current technical service rates plus all related travel, per diem and other Q expenses invoiced as incurred. ' 3 6.6 Third-Party Products. CompuDyne shall have no responsibility for correcting or resolving any errors, defects or failures in any Third-Party Products. CompuDyne's only obligation with respect to such Third-Party Products is to assist with the coordination of support services with the appropriate third-party vendor to the extent such support services are available to the City. ° 6.7 Third-Party Product Compatibility. CompuDyne shall have no responsibility for any Third- Party Product provided and installed on or integrated into the System by any other party without L CompuDyne's prior written authorization, including but not limited to responsibility for the installation a and integration of any such Third-Party Products, the condition, operation and performance of any (n such Third-Party Products, the compatibility of any such Third-Party Products with the Covered L Applications, and any impact any such Third-Party Products have on the overall operation or performance of any of the Covered Applications or any other component of the System. If L) requested by the City, CompuDyne will provide technical support services pursuant to Section 2.4, "Out of Scope Services", to resolve any operation or performance problems relating to any of the (.0 Covered Applications or any other component of the System caused by any such Third-Party Products or to assist with the integration of any such Third-Party Products with or into any of the Covered Applications or any other component of the System. CompuDyne will charge the City for E any such services at CompuDyne's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. a� Q 6.8 General Disclaimer. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, y a� COMPUDYNE DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY OF THE COVERED APPLICATIONS OR ANY OTHER COMPONENT OF THE SYSTEM, EXPRESS OR IMPLIED, m INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. m w 7.0 Termination c 7.1 Termination for Failure of License. If the City terminates or breached its obligations under aD the Software License Agreement for any of the Covered Applications, CompuDyne may terminate its obligation to provide support for the Covered Applications under this Master Support Agreement, but only after the City and CompuDyne have first undertaken the Informal Dispute Resolution process set Q forth in Exhibit A. 7.2 Termination for Payment Defaults. In the event that the City fails to pay when due all or any portion of the annual fees required under Section 4.1, "Annual Support Fees", CompuDyne may after providing notice and an opportunity to cure as provided in Section 19, "Notices", of Exhibit A, terminate this Agreement or suspend all or any portion of the services hereunder for all or any portion of the Covered Applications until the City's account is brought current. Page 8of10 Master Support Agreement Kent WA Packet Pg. 22 16 0 7.3 Termination for Other Defaults. Subject to completion of the dispute resolution procedures set forth in Section 7, "Dispute Resolution" of Exhibit A, in the event that either party hereto materially defaults in the performance of any of its obligations hereunder (other than payment defaults covered under Section 7.2, "Termination for Payment Defaults", the other party may, at its option, terminate this Agreement, by providing the defaulting party thirty (30) days' prior written notice of termination delivered in accordance with Section 19, "Notices" of Exhibit A, which notice shall identify and describe with specificity the basis for such termination. If, prior to the expiration of such notice period, the defaulting party cures such default to the satisfaction of the non-defaulting party(as evidenced by written notice delivered by the non-defaulting party in accordance with Section 19, "Notices"of Exhibit A, termination shall not take place. a� N 7.4 Consequences of Termination. Upon termination of this Agreement for whatever reason, (a) o CompuDyne shall be under no further obligation to provide support or any other services hereunder. 5 The following provisions shall survive the termination of this agreement: Q • General Disclaimer, Section 6.8 of this Master Support Agreement. 3 • Confidential Information as set forth in Section 2.0 of Exhibit A. • Indemnification as set forth in Section 3.0 of Exhibit A. • Governing LawNenue as set forth in Section 5.0 of Exhibit A. o • Attorney's Fees as set forth in Section 6.0 of Exhibit A. • Patent Protection as set forth in Section 14.0 of Exhibit A. m L R L f+ U M M C E d d L Q N V d L w+ C� C E V Q Page 9 of 10 Master Support Agreement Kent WA Packet Pg. 23 4.D.a SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands as set forth below. The City of Kent CompuDyne— Public Safety&Justice, Inc. By: USL AA/ ) By: 9� N Name: sue Le` iff- Name: &A) o Title: ry✓ 1 1T Title: 7i 3 a� c a� o: c 0 L r L R L r U M M C E d d L Q N V d L C� C E V Q Page 10 of 10 Master Support Agreement Kent WA Packet Pg. 24 • . 4.D.a c N D G) o y p C " CL U O O O o Cn 0 ccv w QI V N N SZ C C E Q Co a E Co 0 O N V U a) E Q=m a) _ * O O Q y `3 p Q N O c m Q X d .r a) N W N C E O N C) D U U U U U U U U 0 0 0 0 0 O U U Ca C� U 0 •L N Cn _CO C C C C C C C C C Q Q O O O O C C C C O C O O O 3 L) N •— — — — — — — — — fo CN � r 1ti •— — — — — mCm r �O Q R r Efl 64 H3 a 69 WC 3 ' O C R ` ° f E Co � B Nw °+-' OOCfloCDCD rot0Oto C0coCoCoC0 (owto (D0otQ c o N Q CU Q O O OO 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o O v � 8 800 00 Co Co Co Co Co Ca Co 00 Co Co Co o'o 0o ao ao a0 o ao d s a) 'o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 -0 "D 0 •� O 0rnrna) rn0rn0rna) a) a) a) a) a) m 0 0 0 m � � � � � 'r. +•' 00O0000000OOOOOOoOoOoo o a) � m }' N) 0 - R W Z E Q U) L :+ tf] to U) Ln LO LO O LO to LO to LO Cn to to to 0 0 In In In In /a♦ OC O 23 Co �4 RoOOO_ O_ OOO_ OO_ oO oOOOOOOOOO L T Ql V Q 5 -a Cn (� � � � � � � � � � � � � � +r L N 0) 0 O Q 0 CA O O) O O C) a) CA O Ca) O O CA C� CA m CA C 0 V �+ O O Q O Q O Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CV m O � 0. 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C O .L CU C O U fn N y C7 N c,4 C7 C� ton O � O v C N U N ._ '� G3 C t'I) U J Q C V U' C7 (D (3 O O U O O — N ti to Co O v Cl) (4 0 X ❑ c - o co Co m ca v s. C 07 < > > Co � @ Cy o N p o J J M (7 J _j E cc a) UU0. -GLL F- OQC n (D2 J o p 3TTT c T �' � U..p c E U) 0 2 N LL 12� d N ¢ p cG rn QaZau � ¢ � LO � _� O a c0a OC Y t ©O j o f- F- V) a CL Q • • • a, � Packet Pg. 26 4.D.a 'b C U roO i U_ U LH Co ti O. a ^ U i a� r R l3 N 'L N V L roCo Ch 3 a.CY a� vi m m �•' i-y L U r/� Q. O fC o o — O O O fn O 0 p M W) O �' U 2 40 rJ N .. G 0 y lO t0 t� O 0 'ti ? :� N O . +n p. p U M v 4-a W N 4� ar rl N G7 O3 r_ N C/] � to d O 0CIO a E (U ai cVa « G c� 0 Cai .w z3 O 0 Cz C CA O v ai `�' � 0Cz > "a w Co 0 v 'C 5 � � �O c��a L CZJ Cn Co C -0 O p y U v O `� to `*" 4� sUw O 0.CAN Y Fes". 'C O OOP cam., c�i 'C3 m y N Co en �" t ID U IR! U U O c�".O 'C y L7 'd G N O O O to - Ca U Q 0 :a C;j U VCu 0 4 0 0 0o .O O cC N ca 'C7 0 CD bb www � a oa .°aci a, Q Q p cn Q • • • • • • • • • • • • w • • • • `m -Z� Xy C H � Y Packet Pg. 27 . 4.D.a EXHIBIT 2 To Master Support Agreement TRAINING This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated ��Pim1 �YL 9 , 2005 between the City and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. N L 0 The City's Technical Support Coordinators shall have received training in the following areas: Q • System Setup— RMS/Ti and CMS/Ti ' • WebQuery--• RMS/Ti and CMS/Ti 3 • Alpha System—RMS/Ti:and CMS/Ti c • Incident/LocationNehicle— RMS/Ti • Property and Evidence— RMS/Ti 0 • Arrest and Booking— RMSITi • Special Flags— RMSITi -2 • Case Management— RMSITi L • Incident Report Writing— RMS/Ti cc • Traffic Management—RMSITi • UCR—RMS/Ti • Crime Analysis— RMSITi • Facility Management—CMS/Ti v • Booking and Release Processing—CMS/Ti • Classification—CMS/Ti • Incident/Disciplinary Reporting—.CMS/Ti • Inmate Programs—CMS/Ti • Inmate Property Management—CMS/Ti • ARS Training m m L Q N V d L C� C E V Q Master Support Agreement Page 1 of 1 Exhibit 2—Training Kent WA Packet Pg. 28 4.D.a EXHIBIT 3 To Master Support Agreement THIRD-PARTY SUPPORT CONTRACTS This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated .�Ir-M-nn6GR 9 2005 between the City and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the N Agreement, the terms and conditions set forth in the Agreement shall prevail. o r The following servers(hardware and connections)and operating software: Q • "NZ" - HP DL380 G3, SIN DL308LDN1 H896 i 3 • "PF" - HP DL360 G2, SIN 6J2CJNT1 D04C c • "FJ" - HP DL380 G2, SIN D303JZG2D201 • "AW" -HP DL380 G3, SIN EAPTLDN42D o • "MP"— HP DL360 G3, SIN M039KYD32C i= m L R L f+ U M M C E d d L Q N V d L C E V Q Master Support Agreement Page 1 of 1 Exhibit 3—Third Party Support Contracts Kent WA Packet Pg. 29 • � 4.D.a EXHIBIT 4 To Master Support Agreement SITE, SYSTEM AND NETWORK SPECIFICATIONS This Exhibit is atta ed to, incorporated into and forms part of the Master Support Agreement, dated _SCPT0--M0Ja I , 2005 between the City and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. N •L O The City furnished and installed all hardware associated with this project. They assume all responsibilities for the normal upkeep and maintenance of all hardware. If required CompuDyne will assist in the installation Q and/or setup of CompuDyne software, associated databases and any additional third party software required ' to support the CompuDyne applications. 3 aD c CompuDyne did not provide any networking hardware or services as part of this contract. The City must provide network connectivity for each of the CompuDyne Servers that conforms to the minimum requirements listed below. 0- 1. Physical. a. 100Mbs Ethernet Copper 10013aseT network connect for each server. cc b. CompuDyne recommends a switched 100Mbs/full duplex connection for each server. a 2. Logical cn a. Standard TCP/IP networking protocol is required to support all CompuDyne Applications. r b. TCP/IP connectivity is required between each server and all workstations requiring access to the CompuDyne application. L) M The following are the servers located at the IT Data Center, 220 4"'Ave S., Kent, Washington 98032: (.0 M • "NZ" - HP DL380 G3 Server, S/N DL308LDN1 H896 "PF" - HP DL360 G2 Server, S/N 6J2CJNT1 D04C E • "FJ" - HP DL380 G2 Server, S/N D303JZG2D201 E L The following are servers located at the Fire Station 74, 24611 1161h Ave SE, Kent, Washington 98032: Q N • "AW" - HP DL380 G3 Server, S/N EAPTLDN42D • "MP"— HP DL360 G3 Server, S/N M039KYD32C L C� C E V Q Master Support Agreement Page 1 of 1 Exhibit 4—Site,System,and Network Specification Kent WA Packet Pg. 30 4.D.a EXHIBIT 5 To Master Support Agreement BACK UP SCHEDULE AND PROCEDURES This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated SS Pr1 wt(he]Z , 2005 between the City and CompuDyne (herein referred to as the "Agreement'). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement,the terms and conditions set forth in the Agreement shall prevail. N L O CompuDyne is not responsible for any backup to data recovery on any of the servers or workstations supporting the CompuDyne application. The City should perform regularly scheduled backups of the Q CompuDyne applications and all associated databases. In the event that data recovery is required the City ' must work with CompuDyne's technical staff to recover the required file(s)to the associated system. 3 CompuDyne recommends that daily backups of all application and database file be performed and that off site storage of back media is utilized. _ The City of Kent performs daily differential backups and weekly full backups on the following servers/drives P for PRD(Production servers): • NZ(Database server)-HP DL380 G3 SIN DL308LDN1 H896 C:Operating system, program files including Oracle and RMS Ti for PRD ;v R D:Oracle and Oradata files(PRD, TRN, DEV databases) F: Backup and misc files(e.g., conversion) cn L f+ • PF(Web Server)- HP DL360 G2 Server, SIN 6J2CJNT1 D04C = a� C: Operating system, program files, data files v c� • FJ (TIPS Server and Crystal Reports)- HP DL380 G2 Server, SIN D303JZG2D201 0 C: Operating system, program files, data files including TIPS database _ a� E m m L Q N V d L C� C _ E V Q Master Support Agreement Page I of 1 Exhibit 5—Back up Schedule and Procedures Kent WA Packet Pg. 31 4.D.a EXHIBIT 6 To Master Support Agreement VERSION MANAGEMENT PROGRAM This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated SLR iFMrbk; t.. 9 , 2005 between the City and CompuDyne (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. N L O Q R 3 a� c a� c 0 L r L R L f+ U M to M C E d d L Q N V d L C� C E V Q Master Support Agreement Page 1 of 1 Exhibit 6—Version Management Program Kent WA Packet Pg. 32 • 4.D.a CompaDyne Proprietary \EPoushill; Justice A ConrpuDylie Company N � �y O 'N Q t S 3 2F Version Management f xY 4 Program - VMP Version 10 �,;k� `�c�,art '�: ��✓ '' A �.f,r d �' ✓3`h d 4 x ; September 2,2005 A. Y ( g [ i � y Compullyne-Public Safety&Justice,Inc. } 39350 Civic Center Drive,Suite 100 ys Fremont,CA 94538 ,_� 1510»92-2108 ,Sx ' �' ...,� e -•,f.�.,�,ram i,•�rY;� CompaDyne Proprietary Packet Pg. 33 4.D.a Version 10 ersion Management Program CompuDyne Proprietary Notices: New publications incorporate all updates issued since the previous publication. Update packages, issued between publications,contain additional and/or replacement pages which should be merged into the most recent publication of the guide. CompuDyne reserves the right to alter or improve the equipment, software and/or specifications detailed in this document at any time and without any notice. The information detailed in this documentation could contain technical or typographical errors. CompuDyne waives any responsibilities incurred by anyone outside the company for labor or material cost as a result of using this document. CompuDyne shall not be held liable for any damages including, but not limited to, consequential, incidental special damages or loss of profits y as a result or in connection with this document or its use. N •L O While every effort has been made to prepare an accurate,thorough and error-free document,your 3 comments and suggestions regarding improvements to this user's manual are appreciated. Q Copyright: All rights reserved. No part of this document may be reproduced in any form,including photocopying i or translation to another language,without the prior written consent of CompuDyne. at Copyright©2005 by CompuDyne. c O Printed in the United States of America. H Trademarks: The following are trademarks or service marks of CompuDyne and are registered or pending in the y United States of America. R zs M Computer Aided Dispatch/2000 CAD/2000®, Records Management System/2000 RMS/20000, Message Switching System/2000 MSS/2000®, c) Judicial Management System JMS/2000®, Corrections Management System CMS/20000, Court Management System/2000 CMS/20004, Jail Management � System/2000 JMS/2000@, PIMS/2000, JDL, GPA, GMS, RTM, APS/2000, CAD Activity Reporting System/CARS, Computer Assisted Public Safety c System/CAPS, Premier IMS©,CorrMedica© E E m m All other brand and product names referenced in this guide are trademarks of their respective a� companies. Q N O C> Publication History: Publication Version Date to L w+ Version Management Program(VMP) Version 10 September 2,2005 cc This document was printed on September 9,2005 c a� E DISCLAIMER: Example application screens, forms, and/or reports contained in this document are representative of the typical,or standard, forms distributed with the product. The actual screens,forms,and/or reports in use in Q any particular installation may look substantially different than the samples contained in this document, due to customization and tailoring of those items. CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 34 4.D.a . Version 10 r/ersion Management Program low CompuDyne Proprietary Table of Contents 1. OVERVIEW...................................................................................................................................... 1 1.1 INTRODUCTION...............................................................................................................................................1 1.2 UPGRADE PROGRAMS.....................................................................................................................................1 1.3 NATIONAL REPORTING STANDARDS...............................................................................................................3 1.4 INTERFACES....................................................................................................................................................4 2. SS/2000 BASED ARCHITECTURE SYSTEMS..................... 5 N 2.1 SYSTEM ELIGIBILITY REQUIREMENTS............................................................................................................5 LO 2.2 DEFINITIONS...................................................................................................................................................6 r.+ 2.3 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENTS 2.4 COMPUDYNE PRODUCT DEPLOYMENT...........................................................................................................7 R 3. CAD/TI..............................................................................................................................................8 ai 3.1 SYSTEM ELIGIBILITY REQUIREMENTS............................................................................................................8 C 3.2 DEFINITIONS..................... 3.3 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENTS........................................................................................9 3.4 COMPUDYNE PRODUCT DEPL.oYMENT................. 9 o 0 4. PREMIER IMS AND CORRMEDICA........................................................................................... 10 F- 4.1 SYSTEM ELIGIBILITY REQUIREMENTS......................................................... ........l o L.............. ...... cc 4.2 DEFINITIONS..................... ..10 cc a 5. FACTS COURT MANAGEMENT.......................................................................... ...... 11 5.1 SYSTEM ELIGIBILITY REQUIREMENTS L 5.2 DEFINITIONS................... .....12 = U M M C E d d L Q to V d L C� C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 35 4.D.a Version 10 ersion Management Program CompuDyne Proprietary 1. OVERVIEW 1.1 INTRODUCTION The Version Management Program (VMP) provides CompuDyne clients with ongoing product enhancements and new features as an integral component of the CompuDyne's Master Support Agreement(MSA). a� N •L Under the VMP, baseline clients are offered release updates to key CompuDyne products. These updates 0 include additional functionality, support for new releases of operating systems, relational databases and Q other third party products, and, in many cases, the introduction of new technology. Client input through Steering Committees and Focus Groups drives the majority of these product updates. i a� While there are optional for-fee services, the majority of the costs for the VMP are included in the annual maintenance fee. There are situations where the release requires additional license fees, non-CompuDyne product upgrades, additional equipment, or costs for migration for custom interfaces. These fees are extra cost items. As part of each new release,the Company will advise clients on these matters. L The Version Management Program applies to selected versions of CompuDyne baseline products. This R document has a section for each of CompuDyne's main product lines explaining "if" and "how" that a product participates in the VMP program. L f+ 1.2 UPGRADE PROGRAMS c; M 1.2.1 BASELINE SYSTEMS to Baseline clients using certain Tiburon applications are eligible to fully participate in the VMP. The standard support program for Baseline Systems includes the technical services to install the new E application release at the server or workstation level. Costs may be incurred for required hardware and L operating system upgrades,third parry products,possible additional license fees,and costs to migrate Q custom interfaces to support the new version. aD Baseline System clients may have tailoring applied to their systems. CompuDyne personnel will migrate existing tailoring to the GUI Forms and Web Forms as applicable with the new version. cn L CompuDyne will perform data conversion from one release to the next as required, using standard tools cc and utilities developed by CompuDyne. c User training may be required once a new release is installed. As part of the VMP, CompuDyne will E provide an on-site overview of the additional functionality in the way of a "train-the-trainer" session (usually one day). If additional on-site training is desired,a quote will be provided. f° Q CompuDyne Proprietary CompuDyne September 2,2005 page I Packet Pg. 36 4.D.a Version 10 ersion Management Program NOW CompuDyne Proprietary 1.2.2 CUSTOM SYSTEMS Custom systems are not eligible to participate in the VMP. A number of CompuDyne clients are defined as Custom agencies. The amount of customization varies from agency to agency. Upon request, a CompuDyne Account Manager will provide a quote for CompuDyne to work with the agency and identify the steps necessary to get the site back under the VMP with an upgrade proposal. As a part of this quote, CompuDyne will work with the agency to identify site specific customizations that are not part of the current base product and potential ramifications. While it is possible to upgrade (outside of the VMP) retaining customizations, the site remains custom at the new level, affecting continuing maintenance costs and the cost of upgrading to a next release or version. If customization exists in the database that requires modification to our standard set of tools and utilities to perform the data r conversion,there will be an associated fee to perform a Non-Standard Data Conversion. Q 1.2.2.1 CUSTOM SYSTEM UPGRADE OPTIONS i 3 Clients with Custom Systems may elect to become eligible for the VMP by upgrading to the new Baseline c product release at any time. While the upgrade will provide the features and enhancements of the new version, existing customization will be forfeited. However, this is potentially less costly than installing 0 selected enhancements offered to Custom System clients,and affords clients the opportunity to participate in the VMP for future product versions. m Please note with the level of integration of CompuDyne's products, clients with Custom Systems require cc an upgrade of the entire infrastructure in order for the next release or version to be properly installed for a a Baseline System a� Opt Descriptions v Option 1 CompuDyne will upgrade the system to the current Baseline System version and convert the custom database to the baseline version. All other to project-associated costs will apply, and additional costs may be incurred for any hardware/operating system upgrades, third-party products, or +, additional license fees required to support the new version. Option 2 CompuDyne will provide a price quote for the technical services, project E management and training to upgrade the Custom System to the next version. Technical services costs will be incurred to retrofit the existing client customization (if desired) on the server and workstation application Q into the new version. These costs are dependent on the amount of existing customization to be retained. Costs may also be incurred for required hardware and operating system upgrades, third-party products and additional license fees to support the new version. L CC� C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 37 4.D.a . Version 10 Wersion Management Program CompuDyne Proprietary Options . Descriptions Option 3 After reviewing CompuDyne's Product Version Notes, clients with Custom Systems can request price quotes to install selected enhancements in the Custom System. This will allow clients to install selected new features and functions for the cost to fit only the customization affected by the new feature or function. Custom System clients will not be charged for the development of the new enhancements: the only costs incurred by the Custom client are those associated with the installation effort, and any potential license fees, hardware/operating system upgrades or third-party products that may be N required to support the new version. o r The standard support program includes standard tools and utilities to perform data conversion from one release version to the next as required. Q These tools and utilities are developed to perform with CompuDyne's i standard release or version. If, due to client-specific customization, 3 modifications to the data conversion tools and utilities are required to perform a data conversion,costs for technical services will be incurred. ar a= c Any Custom client may elect to participate in the VMP and install the full o L new product version at any time. While doing so would provide the Custom client the features and enhancements of the new version, the client would H forfeit their existing customization. However, the Custom client may prefer m this option, as it is potentially less costly than installing the available 3 selected enhancements, and will allow the client to participate in the VMP a for future product versions. L r 1.2.3 MATURE SYSTEMS Mature systems are those that operate on platforms other than on the standard certified VMP platforms for each product, or those systems that are more than two releases earlier than the current release. Because of M the complexities encountered in supporting multiple versions of products, CompuDyne charges higher maintenance fees for mature products. E d Since mature systems may be out-of-step with the upgrade program, not participating in the VMP can be costly. For a fee, the mature system can be made VMP eligible again. Upon request, a CompuDyne Q Account Manager will provide a quote for CompuDyne to work with the agency and identify the steps necessary to get the site back under the VMP. m 1.3 NATIONAL REPORTING STANDARDS w CompuDyne's objective is to ensure that our clients' systems are compliant with State and Federal cc mandates for applicable programs such as UCR, NFBRS, NBBRS and IBRS. Therefore, new State- and 4 Federal-mandated changes are available through the VMP for these programs, though the client remains a responsible for the maintenance of certain forms and reports(such as Reformatter transactions and Crystal E Reports). New State and Federal mandates that are not captured within the baseline subsystem installed at the agency are considered outside the scope of the VMP program. The client must have the related Q CompuDyne product license to participate in this program; that is a UCR-bascd client must have the NIBRS license to receive NIBRS updates. CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 38 4.D.a Version 10 Version Management Program CompuDyne Proprietary 1.4 INTERFACES Baseline interfaces will be included in the VMP, assuming that the current baseline interface will be utilized for the implementation. For clients with custom interfaces, CompuDyne will provide a quote for the technical services required to upgrade each interface and migrate it to the product release being installed. As an example, most 911/ALI interfaces are considered baseline. An example of a custom interface is a site-specific mainframe interface or other non-standard third party systems. N There may be additional costs incurred for hardware and operating system upgrades or other third party°, products needed to support the interface-under the new version. ' Q 1.4.1 INTERFACE COMPLIANCE CompuDyne's objective is to ensure that our clients' systems are compliant with Federal and local state mandates, and, to the extent practical, updates are provided as part of the Master Support Agreement c (MSA). However,please note that Communications Protocol changes are considered outside the scope of ° CompuDyne's support program and MSA. For example, any mandated change such as encryption is considered a protocol change and a quote will be provided as needed. An additional example is a state interface changing protocols from SNA to TCP/IP. R a L f+ U M to to M C E d d L Q N V d L Ccc C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 39 4.D.a i Version 10 Wersion Management Program CompuDyne Proprietary 2. SS12000 BASED ARCHITECTURE SYSTEMS The Version Management Program applies to the products built upon the SS/2000 architecture. This architecture includes the Records Management Systems, both RMS/2000 (Unix) and RMS/Ti (Microsoft Windows)platforms, and the CAD/2000 system(Unix). M 1 2.1 SYSTEM ELIGIBILITY REQUIREMENTS N •L A site is eligible to participate in the VMP program when all systems are under a current Master Support 0 Agreement (MSA), systems are current at version 7.x, there are no site customizations, and maintenance Q billings are current. Clients under warranty coverage are not eligible for the VMP program until the , entire warranty period is complete and a MSA has been put into place. i aD Once a system is at version 7.0, in order to remain VMP-eligible,the system must be within three releases of the current product release. Once the third release is made available, the agency will have one year to update their system(s) to the latest release. If the one-year time limit passes,the agency will no longer be 0- eligible for future VMP for that product and the system will be considered mature, and will be classified as a custom system for purposes of the VMP. m L R Once an agency is more than three releases behind the latest product release, the MSA cost for the a product will increase by 20% annually, as the system will be considered custom and will therefore be more difficult and costly for CompuDyne to support. L a� Client hardware must be sufficient to support the installation and operation of two complete systems v running concurrently, and must also meet the minimum requirements required for the release. For to RMS/Ti and CMS/Ti systems, this will require a separate application server/PC or new hardware for the to upgrade. c a� E m m L Q N V S' d L Ccc C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Noe 5 Packet Pg. 40 4.D.a Version 10 ersion Management Program CompuDyne Proprietary 2.2 DEFINITIONS O S Term Definition Version A version covers major paradigm shifts in the product infrastructure, user interface, database management and/or platform, which may involve some rewrite of the applications. A version may involve substantial changes to the database that warrant a database conversion. CompuDyne envisions that significant services will be required to upgrade a site to the new version, with an upgrade cost quotation required. CompuDyne expects to announce N new versions of many of our products every three to five years. The L numbering scheme used for versions is 6.0,7.0,8.0,etc. 0 Product Release A release includes bug fixes, patches, minor changes, features identified by 3 the Steering Committees and changes necessary for state and federal Q compliance. CompuDyne envisions that minimal on-site time will be necessary to upgrade a site to a new release, provided that the site is 3 r "release current". CompuDyne provides product releases periodically. The c numbering scheme used for releases is 7.1, 7.2,7.3, etc. Patch Release A Patch Release includes only bug fixes. The numbering scheme used for Patch Release is 7.3.2,7.3.3,7.4.1, etc. 0- Tailoring During the deployment of its products, CompuDyne normally performs a series of setup and configuration steps to tailor the product to the client's needs. Database views, some screen label name changes, and certain L types of edits are included as tailoring. Existing tailoring, where applicable, cc will be migrated during the VMP upgrade. a Customization Programming changes are considered customization. Field name changes on reports are identified as customization if they require application program changes. U 2.3 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENTS M_ The following applications are currently eligible for the VMP. c a� 2.3.1 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENT L Q N PRODUCT VERSION `ENVIRONMENT UNIX CAD 7.0 or later RS16000 AIX HP-UX m Police RMS 7.0 or later RS16000 AIX HP-UX Windows/2000 L Server or Windows12003 Server- Oracle w; or SQL Server R Fire RMS 7.0 or later RS/6000 AIX HP-UX Windows/2000 Server or Windows12003 Server-Oracle or SQL Server CMS 7.0 or later RS/6000 AIX HP-UX Windows/2000 E Server or Windows/2003 Server-Oracle or SQL Server r MDS(MAKO) 7.0 or later RS16000 AIX HP-UX Windows/2000 Q Server or Windows/2003 Server-Oracle or SQL Server. Windows 2000 or XP for client applications. ARS 7.0 or later RS16000 AIX HP-UX Windows/2000 Server or Windows/2003 Server-Oracle or SQL Server. Windows 2000 or XP for client applications. CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 41 4.D.a Version 10 Wersion Management Program CompuDyne Proprietary 2.4 COMPUDYNE PRODUCT DEPLOYMENT CompuDyne deploys our products on various platforms and operating environments for a broad range of clients. In addition to variations in platform and client requirements, the Company provides varying degrees of custom development. All IBM mainframe, Stratus VOS, and Unix other than AIX or HP-UX, are considered"custom systems" even at the version 7 level. N •L Note: Due to the level of integration of CompuDyne's products,a custom agency may be required tom°, upgrade its entire infrastructure to allow the next version to be properly installed for a Baseline Q system. The level of effort required to upgrade the custom system infrastructure to the next Baseline release will be quoted as an additional cost. 3 a� c a� o_ c 0 L r L R L f+ U M to to M C E d d L Q N 2 d L Ccc C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 42 iVersion 10 aersion Management Program CompuDyne Proprietary 3. CUM The CAD/Ti product is certified for the Version Management Program. 3.1 SYSTEM ELIGIBILITY REQUIREMENTS To be eligible to participate in VMP, clients must have all systems that have shared infrastructure or shared code tables under a current Master Support Agreement (MSA). The CAD/Ti system must be at ^' •L version level 2.0 or later. The client must have sufficient disk space to accommodate large-scale data 0 conversion and a Test System comparable in size to the Production System. Client hardware must be sufficient to support the installation and operation of two complete systems running concurrently, and Q must also meet the minimum requirements required for the release. 3 aD Once a system is at the stated version level, in order to remain VMP-eligible, the system must be within two releases of the current product version. Once the third release is made available,the agency will have c one year to update their systems) to the latest version. If the one-year time limit passes, the agency will o L no longer be eligible for future VMP for that product version and the system will be considered mature, and will be classified as a custom system for purposes of the VMP. m L R Once an agency is more than 3 releases behind the latest product release the MSA cost for the product a will increase by 20% annually as the system will be considered custom and will be more difficult and costly for CompuDyne to support. L a� U M to M C E d d L Q N V d V7 L Ccc C E V Q CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 43 4.D.a Version 10 Wersion Management Program CompuDyne Proprietary 3.2- DEFINITIONS Term Definition Version A version covers major paradigm shifts in the product infrastructure, user interface, database management and/or platform, which may involve some rewrite of the applications. A version may involve substantial changes to the database that warrant a database conversion. CompuDyne envisions that significant services will be required to upgrade a site to the new version, with an upgrade cost quotation required. CompuDyne expects to announce N new versions of many of our products every three to five years. The L numbering scheme used for versions is 1.0,2.0,3.0 etc. 0 Product Release A release includes bug fixes, patches, minor changes,features identified by 3 the Steering Committees and changes necessary for state and federal Q compliance. CompuDyne envisions that minimal on-site time will be necessary to upgrade a site to a new release, provided that the site is 3 "release current". CompuDyne provides product releases periodically. The numbering scheme used for releases is 2.1,2.2, 2.3 etc. Patch Release A Patch Release is also known as a minor build. Builds typically include only application bug fixes. On the CADITi platform CompuDyne provides 0- patch releases or builds when necessary to fix technical service requests that cannot wait until the next major build. CAD/Ti is treated as a product H and there is no source code at client sites; the fix is applied to current and m past and present releases. The numbering scheme used for builds is 9.139, 9.149, 10.14,etc(the product release may prefix the build identifier). a Tailoring During the deployment of its products, CompuDyne normally performs a series of set-up and configurations steps to tailor the product to the client's r needs. For the CADM product tailoring metrics are defined during the BPR = process; a document is created and signed off by the client during that U phase. Tailoring, as applicable to the new release,will be migrated during a VMP upgrade. to Customization Programming changes of any type/level are considered customization. M c 3.3 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENTS The following applications are currently eligible for the VMP. Q N 3.3.1 CERTIFIED PRODUCT ELIGIBILITY REQUIREMENT Peoduct 'Version Environment CAD/Ti 2.0 or later Microsoft Windows: Server12000, Server/2003; Database: Oracle, N SQL Server 3.4 COMPUDYNE PRODUCT DEPLOYMENT While elements of the Version Management Program benefit the vast majority of the Company's clients, it benefits most those sites with baseline,tailored,non-customized products. Q Note: Due to.the level.of:integration.of CompuDyne's products, a custom agency may be required to upgrade the entire infrastructure to allow the next version to be properly installed for a Baseline system. :The:level of.effort involved to upgrade the custom system infrastructure to the next Baseline.release will be quoted as an additional cost. CompuDyne Proprietary CompuDyne September 2,2005 Packet Pg. 44 4.D.a Version 10 Skersion Management Program CompuDyne Proprietary 4. PREMIER IMS AND CORRMEDICA The CompuDyne portfolio has two main products Premier IMS— an Institutional Management System— and CorrMedica—a Corrections Medical package. All Premier IMS and CorrMedica clients are considered custom and mature sites; as such, they cannot take advantage of the baseline upgrade feature of the VMP program. However, certain features identified by CompuDyne added to the current program release will be made available to clients for integration and N installation costs only. 0 r The remainder of this section describes the current Premier IMS and CorrMedica software versioning and Q process. 3 a� 4.1 SYSTEM ELIGIBILITY REQUIREMENTS All Premier IMS and CorrMedica clients are considered custom; as such, they are not certified for the o L Version Management Program. 4.2 DEFINITIONS cc Term Definition Version A new Premier IMS and CorrMedica software version contains: r • Database changes a=i • System Change Requests(SCRs) U • Enhancements M to • Software defect fixes reported by the client M • Software defect fixes found by Boulder Operations • Software defect fixes found in other clients systems A new version is available periodically. E Patch Release A Patch Release includes only bug fixes. Patches are done on an as- L needed basis. Patches can fix defects and can be done in a background a� program or as a data-change. Q Tailoring During the deployment of its products, CompuDyne normally performs a series of setup and configuration steps to tailor the product to the client's •2 needs. Database views, data element name changes, and certain types of edits are included as tailoring. Please note that several data and parameter changes can affect the tailoring questions within the application, the work w flows, label changes,and business rules for application behavior. Customization System Change Requests(SCRs)are considered customizations. c aD E t �a r Q CompuDyne Proprietary CompuDyne September 2,2005 P Packet Pg. 45 4.D.a 0 Version 10 ersion Management Program CompuDyne Proprietary 5. FACTS COURT MANAGEMENT 5.1 SYSTEM ELIGIBILITY REQUIREMENTS FACTS clients are currently on eight(8) different versions of FACTS, ranging from the oldest Version 3, to the newly released Version 7.0. The Master Support Agreement (or Extended Service Agreement) for each client encourages them to remain current with the latest version, releases and builds of the product. However, for various reasons, a number of clients have chosen to remain at a certain older version level L rather than moving forward. All versions are currently supported in client production sites. 0 r For the latest releases of FACTS (V6 and above), all systems are baseline. For the older versions, there Q are several customized systems. Moving forward, the FACTS product plans include all new functionality 3 in the baseline product, with only minor exceptions for certain customizations that will require a branch c on a given release. Pricing for FACTS modifications includes the time for incorporating the functionality in baseline of the latest release, and ensures the functionality will be ported forward into future releases. 0 L Each of the FACTS state reporting requirements completed to date have been funded enhancements by either the client or a group of clients requiring the same state compliance reporting capabilities. m L R Upgrades similar to the Version Management Program for SS/2000 Tiburon applications are available for a baseline FACTS clients at Version 6 and above,provided they are within one version for the upgrade(V6 to V7 for instance). Included is the installation of the program release, scripted database conversion, and r up to a one-day overview of the additional functionality in the way of a "train-the-trainer" session. v Database changes or non-scripted database conversion(site-specific)are provided at additional costs,as is additional training. to to n Client hardware must be sufficient to support the installation and operation for the upgrade and must also } meet the minimum requirements required for the release. E m m L Q N V S' d L w+ Ccc C E V Q CompuDyne Proprietary CompuDyne September 2,2005 P11 Packet Pg. 46 4.D.a Version 10 ersion Management Program CompuDyne Proprietary 5.2 DEFINITIONS Our current definitions are as follows: Term Definition Version A version release is scheduled periodically, targeting every 12-18 months. A version release covers major paradigm shifts in the product infrastructure, user interface, database management and/or platform, which may involve some rewrite of the applications. A version may involve substantial changes to the database that warrant a database conversion. CompuDyne envisions N that significant services will be required to upgrade an earlier version (pre V6) site to the new O version, with an upgrade cost quotation required. The numbering scheme used for versions is r 1.0,2.0,3.0 etc. Q A Version contains: i Significant database changes 3 W Significant functional changes/additions C Release A new Release is scheduled every 6 to 12 months. A Release contains: Limited database changes o Additional functionality Includes fixes since the last build H Build Builds are done with a 2 to 4 month frequency, and include only fixes. L Patch Patches are done on an interim frequency, and on an as-needed basis. Patches are sent to cc address fixes,or to deliver a branch specific enhancement. L f+ a) U M to M C W E d d L Q N V ' d V7 L C� C i_ V Q CompuDyne Proprietary CompuDyne September 2,2005 P Packet Pg. 47 AIL - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. The terms and conditions presented in this exhibit shall apply to the following agreements between the City of Kent and CompuDyne to the extent specified in those agreements: • System Implementation Agreement(the"SIA")dated November I,2002. • Software License Agreement(the"SLA")referenced at Section 8.2 of the SIA • Master Support Agreement(the"MSA")referenced at Section 13.3 of the SIA ar N •L 1.0 Independent Contractor Status 0 r CompuDyne is an independent contractor under this agreement, and nothing shall be construed to create a Q partnership,joint venture, or agency relationship between the parties. Neither party shall have any authority to i enter into agreements of any kind on behalf of the other,and neither party shall have any power or authority to bind or obligate the other in any manner to any third party. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Each party represents that it is acting on its own and is not acting as an agent for any third party. o L 2.0 Confidential Information L 2.1 City Confidential Information cc a All City Confidential Information shall be held in strict confidence by CompuDyne,and CompuDyne shall not, without the City's prior written consent, (a) disclose such information to any person or entity other r than to CompuDyne's employees or consultants legally bound to abide by the terms hereof and having a = ar need to know such information in connection with CompuDyne's performance of its obligations hereunder, tU or (b) use such information other than in connection with the performance of its obligations hereunder. ; CompuDyne understands and agrees that the unauthorized use or disclosure of City Confidential to Information may irreparably damage the City. In the event of CompuDyne's breach or threatened breach of any of the provisions in this section, the City shall be entitled to an injunction obtained from any court � having appropriate jurisdiction restraining CompuDyne from any unauthorized use or disclosure of any City Confidential Information. E m L 2.2 CompuDyne Confidential Information Q N To the extent allowed by law, all CompuDyne Confidential Information shall be held in strict confidence (D_ by the City, and the City shall not, without CompuDyne's prior written consent, (a) disclose such information to any person or entity other than to the City's employees or consultants legally bound to abide y by the terms hereof and having a need to know such information in connection with the City's performance of its obligations hereunder, or(b)use such information other than in connection with the performance ofcc n its obligations hereunder. The City understands and agrees that the CompuDyne Confidential Information constitutes a valuable business asset of CompuDyne, the unauthorized use or disclosure of which may irreparably damage CompuDyne. In the event of the City's breach or threatened breach of any of the (D provisions in this section, CompuDyne shall be entitled to an injunction obtained from any court having E appropriate jurisdiction restraining the City from any unauthorized use or disclosure of any CompuDyne 0 Confidential Information. Q 2.3 Exclusions Notwithstanding Subsections 2.1 and 2.2 hereof, either parry's confidential information shall not include information which the other party can demonstrate by competent written proof(a) is now, or hereafter becomes,through no act or failure to act on the part of the receiving party,generally known or available or otherwise part of the public domain; (b) is rightfully known by the receiving party without restriction on use prior to its first receipt of such information from the disclosing party as evidenced by its records; (c) is Kent/CompuDyne Page 1 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 48 EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. hereafter furnished to the receiving party by a third party authorized to furnish the information to the receiving party, as a matter of right and without restriction on disclosure; or(d) is the subject of a written permission by the disclosing party to disclose. 2.4 Exceptions Notwithstanding Subsections 2.1 and 2.2 hereof, disclosure of either parry's confidential information shall not be precluded if; � N a) such disclosure is in response to a valid order of a court or other governmental body of the United 0 States or any political subdivision thereof; r 3 Q b) such disclosure is necessary to establish rights or enforce obligations under this agreement, but ' only to the extent that any such disclosure is necessary for such purpose;or `i 3 (D c c) The receiving party received the prior written consent to such disclosure from disclosing party, but only to the extent permitted in such consent. 0 L 2.5 Survival H The obligations with respect to each item of CompuDyne Confidential Information and City Confidentialcc ;v Information shall survive the termination or expiration of this agreement. a 3.0 indemnification L f+ 3.1 Software Indemnification U c� to (a) The parties acknowledge that CompuDyne will deliver a highly complex software system M that, upon completion of testing and acceptance, will be operated solely by the City, in an +, environment controlled by the City, and by personnel under the sole direction and control of the City. Further, CompuDyne will have no control over what data is entered into the system by the E City. Moreover, CompuDyne will not have any control over the various external systems and 0 internal networks with which its system will interact. However,the parties also acknowledge that, Q upon completion of testing and acceptance and subject to the City's independent control and y operation described above, CompuDyne's software and embedded systems must accurately store, 0 process and report data. m (b) In the context of the acknowledgements stated in the preceding paragraph, CompuDyne shall not, in any event, be liable for the accuracy or completeness of City-entered data, but n otherwise CompuDyne shall protect, defend, indemnify, and save the City, its agents, officials, a employees, or any firm, company, organization, or individual to whom the City may be 4 contracted,harmless from any and all claims, injuries,damages,losses or suits arising out of or in (D connection with the performance of this agreement,including,without limitation,the infringement E or violation of any third parry's trade secrets,proprietary information,trademark,copyright,patent 0 right or proprietary right, but only to the extent of CompuDyne's negligence or willful misconduct. Q Kent/CompuDyne Page 2 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 49 4.D.a - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. 3.2 Services and Other Indemnification: Except as modified by the preceding "Software Indemnification", CompuDyne agrees to protect, defend, indemnify, and save the City, it agents, officials, employees, or any firm, company, organization, or individual to whom the City may be contracted, harmless from any and all claims, injuries,damages,losses or suits arising out of or in connection with the performance of this agreement,but only to the extent of CompuDyne's negligence or willful misconduct. 3.3 Indemnification — General: This subsection applies to both of the preceding indemnification provisions. CompuDyne will defend or settle at its sole expense all suits or proceedings arising out of the foregoing, provided that the City gives CompuDyne prompt notice of any such claim of which it learns. N No settlement that prevents the City from continuing to use the software products, other products or o software documentation as provided in this agreement will be made without the City's prior written 3 consent. In all events, the City will have the right to participate at its own expense in the defense of any Q such suit or proceeding through counsel of its own. choosing. This indemnification will survive the ' expiration or termination of this agreement. i 3 aD c 3.4 Damages Indemnified: SUBJECT TO THE LIMITATIONS AND QUALIFICATIONS IN THIS SECTION 3,"INDEMNIFICATION",COMPUDYNE'S LIABILITY FOR ANY CLAIM,WHETHER IN c TORT, CONTRACT OR OTHERWISE, SHALL BE LIMITED TO TWO MILLION DOLLARS o ($2,000,000). CompuDyne's indemnifications shall apply to all direct or actual damages incurred by the City except as provided herein. Under no circumstances shall CompuDyne be liable for special,indirect or consequential damages unless those damages are covered under insurance policies provided pursuant to ;v Section 4 herein. To the extent insurance applies, CompuDyne shall be responsible for any applicable 3 deductible amounts. In any event, however, if no insurance coverage applies, CompuDyne will be liable a for special, incidental or consequential damages up to a maximum of ONE HUNDRED THOUSAND DOLLARS AND NO CENTS($100,000.00). _ a� 4.0 Insurance V M 4.1 CompuDyne shall procure and maintain in effect during the term of this Agreement the following M insurance coverages with an insurance company or companies authorized to do business in the State of Washington and approved by the City with a Best rating of no less than A:VI1 to be applied against claims for injuries to persons or damage to property that may arise from on in connection with the performance of E the contract work: m L (a) Workers' Compensation and Employers Liability insurance in accordance with Q the laws of the City's respective State with liability limits of Five Hundred Thousand Dollars($500,000)per accident. .2 m L C� C I_ V Q Kent/CompuDyne Page 3 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 50 4.D.a -EXHIBIT A Rp - COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. (b) Comprehensive General Liability and Broad Form Comprehensive General Liability or Commercial General Liability including bodily injury, personal injury, and property damage in the amount of a combined single limit of One Million Dollars ($1,000,000)each occurrence,and Two Million Dollars($2,000,000)in aggregate limit. (e) Professional Liability — Professional Liability insurance written on a claims made basis with limits not less than One Million Dollars($1,000,000)per occurrence. a� (d) Comprehensive Auto Liability including bodily injury, personal injury and L property damage in the amount of a combined single limit of One Million Dollars 0 ($1,000,000). Coverage must include all automobiles utilized by CompuDyne in connection with its performance of the services hereunder. Q 7i (e) Excess Liability — Excess Liability insurance with limits not less than One Million Dollars($1,000,000)per occurrence and aggregate. c (t) Deductible — Any payment of deductible or self-insured retention shall be the sole responsibility of CompuDyne. H m (g) Endorsement — Upon contract execution, the City, its officers, officials, R employees, agents, and volunteers shall be named as an additional insured on the a insurance policy,as respects work performed by or on behalf of CompuDyne,and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance no later than the date of contract execution. _ a� U (b) Coverage—CompuDyne's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, to except with respects to limits of the insurer's liability. c a� 0) Primary — CompuDyne's insurance shall be primary insurance as respects the E City,and the City shall be given thirty(30)calendar days prior written notice by certified L mail, return receipt requested, of any cancellation, suspension or material change in Q coverage. N V S' 4.2 CompuDyne shall give prompt written notice to the City of all known losses,damages,or injuries (n to any person or to property of the City or third persons that may be in any way related to the services being m provided hereunder or for which a claim might be made against the City. CompuDyne shall promptly n report to the City all such claims that CompuDyne has noticed, whether related to matters insured or uninsured. No settlement or payment for any claim for loss, injury or damage or other matter as to which the City may be charged with an obligation to make any payment or reimbursement shall be made by (D CompuDyne without the prior written approval of the City. E 4.3 A failure to provide insurance coverage and written acceptance of the tendered policy shall be Q deemed to constitute a material breach of contract by CompuDyne. The City reserves the right to then award the contract to another bidder. In order to protect the public interest and notwithstanding any provisions herein to the contrary, CompuDyne's failure to comply with any provision in this Section shall subject the contract to immediate termination without notice and without recourse by any person. 4.4 Waiver of Washington State Industrial Insurance Immunity: VENDOR SHALL SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51, RCW. Further, this Kent/CompuDyne Page 4 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 51 - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefits acts,or other employee benefit acts. 5.0 Governing Law and Venue The construction and performance of this agreement shall be governed exclusively by the laws of State of Washington without regard to any conflict of laws provisions. CompuDyne consents to the venue,jurisdiction and rules of the King County Superior Court located in King County, Washington with respect to any right of action N arising under this agreement. o r 6.0 Attorneys Fees Q Subject to the indemnification provisions set forth in this agreement, if any action or suit is brought with 3 respect to a matter or matters covered by this agreement, each party shall be responsible for all its own costs and expenses incident to those proceedings, including attorneys'fees. _ 7.0 Dispute Resolution P 7.1 The parties to this agreement shall exercise their best efforts to negotiate and settle promptly any ~ L dispute that may arise with respect to this agreement in accordance with the provisions set forth in this cc section. a a) If either party (the "Disputing Party") disputes the interpretation of any provision of this r agreement, or any conduct by the other party under this agreement, that party shall bring the = matter to the attention of the other party at the earliest possible time in order to resolve such U dispute. to to b) If the dispute is not resolved by the employees responsible for the subject matter of the dispute within ten(10)calendar days,the Disputing Party shall deliver to the first level of representatives below a written statement(a"Dispute Notice")describing the dispute in detail,including any time E commitment and any fees or other costs involved. E m L c) Receipt by the first level of representatives of a Dispute Notice shall commence a time period Q within which the respective representatives must exercise their best effort to resolve the dispute. If the respective representatives cannot resolve the dispute within the given time period,the dispute V shall be escalated to the next higher level of representatives in the sequence as set forth below. m If the parties are unable to resolve the dispute in accordance with the escalation procedures set forth below,the parties may assert their rights under this agreement, v cc a Escalation Timetable CompuDyne Representative City Representative Calendar Days) (, 0 to 5 Project Manager Project Manager E t 6` to 10` Regional Manager Systems Group Manager Q 11` to 151 Executive Officer Information Technology Director d) If the Information Technology Director and the Executive Officer cannot resolve the dispute,the only means of resolving the dispute shall only be by filing suit exclusively under the venue, rules Kent/CompuDyne Page 5 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 52 -EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. and jurisdiction of the King County Superior Court,King County, Washington,unless the parties agree in writing to an alternative dispute resolution process. 7.2 Notwithstanding that the parties may be attempting to resolve a dispute in accordance with the informal dispute resolution procedures set forth in Section 6.1 hereof,the parties agree to continue without delay all their respective responsibilities under this agreement that are not affected by the dispute. 7.3 Notwithstanding the foregoing, either parry may, before or during the exercise of the informal dispute resolution procedures, apply to a court having jurisdiction for a temporary restraining order or 4 preliminary injunction where relief is necessary to protect its interests pending completion of such informal o dispute resolution procedures. 3 Q 8.0 Source Code Escrow ' 3 CompuDyne shall retain a copy of CompuDyne Application source code, and shall also deposit a copy of that source code into an escrow account pursuant to a Master FlexSAFE Agreement with DSI Technology Escrow Services. The City shall be a named beneficiary of that account, and will receive deposit c verification and semi-annual deposit histories directly from DSI. CompuDyne will deposit copies of all ° modules associated with CompuDyne Application(s) implemented hereunder, and those deposits shall include the developer's notes. In an event whereby the City is granted access to the source code held in escrow,the City will not be assessed any additional license fees for the Use of the Source Code. 8.1 Source Code Release Conditions a L As used in this Agreement, "Release Condition"shall mean the existence of any one or more of the c following circumstances, uncorrected for more than thirty(30) days: L) a. Entry of an order for relief under Title 11 of the United States Code; to M b. The making by Depositor of a general assignment for the benefit of creditors; } c a� c. The appointment of a general receiver or trustee in bankruptcy of Depositor's business or E property;or m L d. Action by Depositor under any state or federal insolvency or similar law for the purpose of its y bankruptcy, reorganization, or liquidation. m 9.0 Force Majeure w If the performance of this agreement or of any obligation hereunder is prevented, restricted, or interfered with by reason of fire or other casualty or accident; strikes or labor disputes; inability to procure raw materials, or power; war, terrorism or other violence; any law, order, proclamation, regulation, ordinance, (D demand, or requirement of any governmental agency or intergovernmental body other than a party to this E agreement; or any other act or condition beyond the reasonable control of the parties, the party so 0 affected, upon giving notice to the other party, shall be excused from performance to the extent of the prevention, restriction, or interference; provided that the party so affected shall use reasonable efforts Q under the circumstances to avoid or remove the causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever those causes are removed. 10.0 Assignment Kent/CompuDyne Page 6 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 53 4.D.a - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. This agreement may not be assigned by either party without the written consent of the other, except that this agreement may be assigned to a successor to all of either party's business. 11.0 Modification This agreement may not be altered, amended or modified, except by written instrument signed by the duly authorized representatives of both parties. a� 12.0 Waiver L 0 No waiver of breach of any provision of this agreement shall constitute a waiver of breach of any other Q provision. Failure of either party to enforce a provision of this agreement shall not be construed as a , waiver. 3 aD 13.0 Validity o: The invalidity in whole or part of any provision of this agreement shall not void or otherwise affect the o validity of any other provision. 14.0 Patent Protection L cc CompuDyne shall protect, indemnify, defend and save harmless the City from any and all claims or lawsuits alleging a violation by CompuDyne Application software of a third party's copyright or patent rights. So long as the City gives CompuDyne prompt notice of any infringement claim brought against the City regarding the software and the City gives CompuDyne information, reasonable assistance, and sole v authority to defend or settle any infringement claim, then, in the defense or settlement of an infringement claim, CompuDyne shall, in its reasonable judgment and at its option and expense: (i) obtain for the City to the right to continue using the software; (ii) replace or modify the software so that it becomes non- infringing while giving equivalent performance; or (iii) if CompuDyne cannot obtain the remedies in (i) or (ii),the parties may proceed to a court of competent jurisdiction to determine the amount of damages that must be paid to Licensee. CompuDyne shall have no liability to indemnify or defend the City to the E extent the alleged infringement is based on: (i) a modification of the software by the City or others authorized by the City but not by CompuDyne; or(ii) use of the software other than in accordance with the a, documentation and this Agreement. Notwithstanding this section, the City retains the right and ability to Q defend itself against any claims that the licensed software infringes any patent or copyright. If the City chooses to defend itself or enter into a settlement.agreement without CompuDyne's prior knowledge, •2 consent, and specific agreement to pay costs, the City understands that CompuDyne will not indemnify a) the City for its costs and expenses. to L 15.0 Equal Employment CompuDyne shall comply with all federal, state, and local laws, rules, regulations, and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or the E presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational 0 qualification. Further, CompuDyne will comply with the City's Minority and Women Contractors Policy dated January 1, 1998, and provide all written statements required by that policy. Q 16.0 Conflict of Interest CompuDyne warrants that, to the best of its knowledge and belief, no person except bona fide employees, agents, consultants, or representatives of CompuDyne or any of its subcontractors has been employed or retained to solicit or secure this agreement. Kent/CompuDyne Page 7 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 54 - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. 17.0 Year 2000 Compliance Statement CompuDyne certifies that all licensed CompuDyne Application software is Year 2000 compliant according to the remainder of this Subsection: The computer software and embedded systems must accurately store, process and report data before, during and beyond the year 2000. The standards by which this compliance is judged include: a� ♦ Century Compliant: The system must accurately process data and perform calculations o based on dates. Common calculations include subtraction, sorting, and comparative r operations. Q ♦ Leap Year Compliant: The system must accurately process data and perform calculations based on all valid leap years. February 29, 2000, is a rare century leap year, ?: and all systems must recognize and correctly process this date. ♦ Interface Compliant: Connected systems must accurately share data with other systems as designed. Common formats and protocols must be implemented between connected °L systems to ensure all data is processed including dates. ♦ Projections and Analysis: The system must correctly perform all processes across the lv year 2000 boundary in both directions. This means that all functions and reports must cc perform correctly looking forward for projections as well as backward for functions such a as trend analysis. L f. U 18.0 No Rights in Third Parties ; This agreement is entered into for the sole benefit of CompuDyne and the City and their approved assigns. Nothing in this agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including,without limitation, the general public or any member thereof, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this agreement. a� Q 19.0 Notices y a� All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person; (b) one (1) business day after w being deposited with a reputable overnight air courier service; or (c) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre- a paid and return receipt requested. All notices and other communications regarding default or termination of J this agreement shall be delivered by hand or sent by certified mail, postage pre-paid and return receipt E requested. Either party may from time to time change the notice address set forth below by delivering E notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective. Q To City: To CompuDyne: City of Kent CompuDyne, Inc. 220 4"h Ave S 39350 Civic Center Drive, Suite 100 Kent,WA 98032 Fremont, CA 94538 Attention: Pam Gettman Attention: Contracts Administrator Kent/CompuDyne Page 8 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 55 -EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. Phone:253-856-4659 Phone: 510-792-2108 Fax:253-8564735 Fax: 510-742-1057 20.0 Construction The paragraph and section headings used in this agreement or in any exhibit are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this agreement. Any term referencing time, days or period for performance shall be deemed calendar days L and not business days, unless otherwise expressly provided herein. 0 r Q 21.0 DEFINITIONS i 3 a� 21.1 "City"shall mean Kent, Washington with its principal place of business at 220 4rr'Avenue S, Kent,Washington 98032. 0 L 21.2 "City Confidential Information" shall include all City data from whatever source derived, ' information related to accessing the City's computer network, and written information of a confidential nature clearly labeled by the City as being confidential. L R 21.3 "City Representative" shall mean the individual designated by the City to coordinate :s schedules and ensure the City's compliance with its obligations as described in the SIA and MSA. L f. 21.4 "Derivative Works" shall mean, with respect to any Licensed Application, any translation, v abridgement, revision, modification, or other form in which such Licensed Application may be recast, transformed, modified, adapted or approved after acceptance of the Functional System Specifications M for such Licensed Application in accordance with the applicable implementation agreement. Kent developed web queries and Oracle Views are not considered derivative works. E 21.5 "Documentation" shall mean any written, electronic, or recorded work that describes the use, functions, features, or purpose of the System, or any component or subsystem thereof, and that Q is published or provided to the City by CompuDyne, CompuDyne's subcontractors or the original y manufacturers or developers of third party products provided to the Licensee by CompuDyne, including, without limitation, all end user manuals, training manuals, guides, program listings, data •2 models,flow charts, logic diagrams,and other materials related to or for use with the System m L 21.6 "Effective Date"is the date established in the preamble to the MSA,SIA, and the SLA, and m shall represent the date specific to that Agreement. c 21.7 "Enhancement"shall mean,with respect to any CompuDyne Application while the warranty or Master Service Agreement is in effect, a computer program modification or addition, other than a °' Maintenance Modification, that alters the functionality of, or adds new functions to, such CompuDyne Application. +a Q 21.8 "Error" shall mean, with respect to any CompuDyne Application, a defect in the CompuDyne Application that prevents it from functioning in conformity with Functional System Specifications. Kent/CompuDyne Page 9 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 56 -EXHIBIT A- 1P 4.D.a COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND COMPUDYNE, INC. 21.9 "Functional System Specification" shall mean, with respect to any of the CompuDyne Applications, the specifications for such CompuDyne Application delivered to the City upon the City's acceptance of such CompuDyne Application in accordance with the applicable Statement of Work set forth in the SIA. 21.10 "Licensed Application" shall mean each of the software applications and interfaces set forth on Exhibit 1 of the Software License Agreement including all Derivative Works, Maintenance Modifications, Change Orders, Enhancements and Documentation modifying these software applications and interfaces N L O 21.11 "Maintenance Modifications"shall mean, with respect to any CompuDyne Application while the warranty or Master Service Agreement is in effect, a computer software change to correct an Error Q in, and integrated into, such CompuDyne Application, but that does not alter the functionality of such ' CompuDyne Application. 3 aD c 21.12 "Object Code" shall mean computer programs assembled or compiled from Source Code o: in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or reverse- 0- engineering. 21.13 "Project Manager" shall mean the individual designated by CompuDyne to coordinate CC schedules and ensure CompuDyne's compliance with their obligations as described in the SIA. a 21.14 "Software License Agreement" shall mean any software license agreement between L CompuDyne and the City delivered in accordance with Section 8 of the SIA pursuant to which = CompuDyne grants a limited license to use any of the CompuDyne Applications in accordance with the U terms and conditions thereof,as the same may be amended or otherwise modified from time to time. M 21.15 "Source Code" shall mean computer programs written in higher-level programming M languages, sometimes accompanied by English language comments. Source Code is intelligible to trained programmers and may be translated to Object Code for operation on computer equipment through the process of compiling. E m m 21.16 "Statement of Work" shall mean the principal activities, responsibilities and deliverables Q of CompuDyne and the City as specified in Section 1 of the SIA. y aD 21.17 "Support Agreement" shall mean any support agreement between CompuDyne and the City delivered in accordance with Section 15.2 of the SIA pursuant to which CompuDyne provides warranty and extended support for any of the CompuDyne Applications in accordance with the terms N and conditions thereof,as the same may be amended or otherwise modified from time to time. 21.18 "System"shall mean the City's computer automated system consisting of the CompuDyne c Applications combined with deliverables specified in the Pacing Summary to be delivered and installed E by CompuDyne under the Agreement, including without limitation servers and other computer and network hardware and equipment, operating systems, any database or other third party software r products,any PC or other workstation equipment having access to any of the CompuDyne Applications, Q any communications interfaces and any wiring, cabling and connections. 21.19 "Third-Party Products" shall mean all software and hardware components specified in the Pricing Summary and delivered by CompuDyne under this Agreement for integration into the System other than the CompuDyne Applications. Kent/CompuDyne Page 10 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 57 - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN . THE CITY OF KENT AND COMPUDYNE, INC. 21.20 "CompuDyne" shall mean CompuDyne, Inc., with its principal place of business at 39350 Civic Center Drive, Fremont, California 94538 21.21 "CompuDyne Application"shall mean each software application developed by CompuDyne and delivered to the City under this Agreement and in accordance with the Functional System Specification relating thereto, including all Maintenance Modifications thereto, all Derivative Works thereof,and all related Documentation. 21.22 "CompuDyne Confidential Information" shall include the CompuDyne Applications and all N other software applications developed by CompuDyne, whether or not licensed to the City, as well as o any written information of a confidential nature clearly labeled by CompuDyne as being confidential. 5 Q i 3 a� c a� o: c 0 L r L R L f+ U M to M C E d d L Q N V d L C� C E V Q KentlCompuDyne Page 11 of 11 Revision Date:090205 Common Terms and Conditions Packet Pg. 58 . 4.D.a k �a i aC_ CompuDyne m E Public e Justice'rm 9t " N .O t 7 Q 3 a� c m c 0 L d L Warranty & -W Maintenance Support - Guidelines & Options .- Version 2.2 as E d L Q d V d Cn L d C� G E V r September 9,2005 Q CompuDyne-Public Safety&Justice,Inc.(CPSJ) 39350 Civic Center Drive Fremont,CA 94538 1510I 792-2108 Packet Pg. 59 4.D.a Warranty&Maintenance Suppd. Version 2,2 . Guidelines&Options Notices: New publications incorporate all updates issued since the previous publication. Update packages, issued between publications,contain additional and/or replacement pages which should be merged into the most recent publication of the guide. CompuDyne - Public Safety & Justice, Inc. (CPSJ) reserves the right to alter or improve the equipment, software and/or specifications detailed in this document at any time and without any notice. The information detailed in this documentation could contain technical or typographical errors. CompuDyne-Public Safety&Justice,Inc.waives any responsibilities incurred by anyone outside the company for labor or material cost as a result of using this document. CompuDyne - Public Safety & Justice, Inc. shall not be held liable for any damages including, but not limited to, consequential, incidental special damages or loss of profits as a result or in connection with this N document or its use. O t While every effort has been made to prepare an accurate,thorough and error-free document,your Q comments and suggestions regarding improvements to this user's manual are appreciated. R Copyright: All rights reserved. No part of this document may be reproduced in any form,including photocopying ai or translation to another language,without the prior written consent of CompuDyne-Public Safety& c Justice,Inc. at c Copyright©2005 by CompuDyne-Public Safety&Justice,Inc. 0 Printed in the United States of America. H (D L cc Trademarks: The following are trademarks or service marks of CompuDyne-Public Safety&Justice, Inc.and are registered or pending in the United States of America. zs L CAD - Computer Aided Dispatch®, Computer Aided Dispatch/20000, c CAD/20000, Records Management System/2000®, RMS/20000, Message c) Switching System/20000, MSS/2000®, Judicial Management System/20009, JMS/20000, Corrections Management System/20008, CMS/20000, to PIMS/20006, JDL®, GPA®, GMS®, RTM®, APS/20006, CAD Activity Reporting System/CARS®, Computer Assisted Public Safety System/CAPS® E All other brand and product names referenced in this guide are trademarks of their respective L companies. at Q to V Publication History: Publication Version Date Warranty&Maintenance Support y Guidelines&Options 2.0 May 25,2005 n R Warranty&Maintenance Support Guidelines&Options 2.1 July 11,2005 Warranty&Maintenance Support t Guidelines&Options 2.2 September 9,2005 cu r This document was printed on September 9,2005 Q CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 60 4.D.a Warranty&Maintenance Supp Version 2.2 Guidelines&Options Table of Contents 1. INTRODUCTION......................................................... .......................................... 1 2. SYSTEM ACCEPTANCE-WARRANTY l MAINTENANCE.........................................................2 2.1 WARRANTY CERTIFICATION................... 2.2 ACCOUNT MANAGEMENT.............................................................................................................................2 3. THE CLIENT SUPPORT CENTER.....................................................................................................3 3.1 SUPPORT GUIDELINES............................................................................................................................3 N 3.1.1 Methods for Contacting the CSC.................................................................................... ..3 0 3.1.2 Prioritizing TSRs .................. ...................................................................4 3.1.3 Emergency After Hours Assistance...........................................................4..........................5 ' 3.1.4 Technical Service Request-Reporting Procedures..............4....... ...5 4. BASIC SUPPORT ..................6 3 aD 4.1 MONTHLY STATUS REPORTS 4.2 LEVEL 1 DBA SUPPORT......................................................................................................................6.........6 4.3 CPSJ WEB SITE(W W W.TIBURONINC.COM) ......6 4.3.1 Call Logging—CompuDyne Client Support(CCS) System............................ ` 4.3.2 CCS Self Service...................................................................................................................7 4.3.3 CSC Discussion Forum.......................................................................................4.................7 L 4.3.4 Report Template Sharing Pool......................... ..................7 ................................................... 4.4 CPSJ USER GROUP ...........7 ss 4.5 PRODUCT STEERING COMMITTEES................................................................................................................7 iC L 4.6 VERSION MANAGEMENT PROGRAM..................... ...8 5. OPTIONAL SUPPORT PROGRAMS...........................................................................4.....................9 v 5.1 24 X 7 SUPPORT FOR ADDITIONAL CPSJ SYSTEMS.......................................................................................9 ch 5.2 NETWORK SUPPORT......................................................................................................................................9 coo 5.3 HARDWARE SUPPORT .......9 M C 0 E d d L Q to 0 V d L w+ CC� C E Q CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 61 Warranty&Maintenance Supp Version 2.2 Guidelines&Options 1. INTRODUCTION This document provides a detailed description of the service programs available to our warranty and maintenance clients covered under CPSJ's Master Service Agreement(MSA). This document defines all standard and optional support programs, explains the procedures that clients must follow to take full advantage of the programs offered, and clarifies the responsibilities of both the client and CPSJ. As part of CPSJ's ongoing commitment to its clients, we strive to provide the most comprehensive, beneficial support services possible. In response to client recommendations,we have refined our internal N methods and augmented our technical support capabilities. We are pleased offer a variety of enhanced o services to our clients under the CPSJ warranty and maintenance programs. 5 Q CPSJ's warranty and maintenance programs maximize the integrity of the client's system and minimize ' the potential for serious problems. The warranty and maintenance programs offer various levels of 3 operational and technical support as well as provisions for CPSJ software upgrades. c a� a_ c 0 L r L R L f+ U M to to M C E d d L Q N V d L Ccc C l_ V Q CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 62 Warranty&Maintenance Suppc, Version 2.2 . Guidelines&Options 2. SYSTEM ACCEPTANCE - WARRANTY 1 MAINTENANCE. When a system is accepted by a client, it transitions from the Project phase to the warranty or maintenance programs. Leading up to this major milestone, warranty certification takes place and an Account Manager is assigned to the client. The following sections describe these activities. 2.1 WARRANTY CERTIFICATION N CPSJ conducts an extensive internal warranty certification process before a project enters the warranty o program. Warranty certification ensures that Client Support personnel are equipped with accurate, site- 5 specific documentation, including contact information, dial-in and restart instructions, system Q specifications, and hardware/operating system and network schematics. Working together, CPSJ's assigned Project Manager and Account Manager verify the accuracy of this data as entered in the CPSJ ai client support database, based on FrontRange Solutions' HEAT® software. The HEAT database stores all pertinent client system information, and enables CPSJ staff to provide the most consistent and timely support services possible. The HEAT database is also available to on-call after-hours support staff, o providing easy, secure access to the critical information necessary for after-hours support. 2.2 ACCOUNT MANAGEMENT To ensure the highest level of client satisfaction during the warranty and maintenance programs, CPSJ assigns a regional Account Manager to each client to act as the primary liaison between the client and CPSJ. The CPSJ Account Manager is the client advocate and will act as a facilitator for client interaction U with CPSJ. The Account Manager ensures that clients are aware of critical information distributed by the Client Support Center and informs clients of new technology available from CPSJ. The availability of a to regional Account Manager allows us CPSJ to provide individual attention to each site, as they become involved in the day-to-day issues facing the client. The Account Manager facilitates client involvement in regional programs such as user groups,focus groups and training programs. aD E m m L Q N V d L Ccc C E V Q CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 63 Warranty&Maintenance Supp* Version 2.2 . Guidelines&Options 3. THE CLIENT SUPPORT CENTER CPSJ's Client Support Center(CSC) is dedicated to the handling of client support calls 24 hours a day, 7 days a week, including weekends and holidays. The CSC is responsible for all Technical Service Requests (TSRs) for warranty and maintenance clients. Once a system goes into production operation, the CSC provides a central point of contact for all client needs. The CSC provides a consistent and focused approach to problem resolution while providing accurate record keeping and timely feedback to client inquiries. a� N •L 3.1 SUPPORT GUIDELINES Q CPSJ has established support guidelines that must be followed to ensure timely response and resolution to issues reported to the CSC. The guidelines include methods for contacting the CSC, prioritization of 3 TSRs, and emergency after-hours assistance. Standard Technical Service Request (TSR) reporting procedures have been established to include problem reporting and information requests, client specific W enhancement requests,and product enhancement submissions. o L 3.1.1 METHODS FOR CONTACTING THE CSC L CPSJ provides several method of contact for the CSC. R a Method Procedure Telephone Please use the following telephone numbers to contact the CSC: (877)445-2110(CSC toll free line) (510)579-4609(CSC backup cell phone) v (510) 579-1714(Call if no answer to the above listed numbers) (.0 All Priority 1 calIs must be reported by phone to the CSC to ensure timely M response to critical issues. c Web Site Clients may submit a Problem Report,Enhancement Request, Steering aD Committee issue or request for information via the internet by connecting to www.tiburoninc.com and clicking on the HEAT Self Service link. Clients may a, also access historical TSR information for their site via this link. The CSC staff Q will provide clients with the login and password required to access the client support system during regular business hours. Regular business hours are defined as 8:00 am to 5:30 pm in the client's time zone,Monday thru Friday excluding CPSJ holidays. cc TSRs submitted via the HEAT Self Service link send updates to the HEAT database in real-time mode. As such,the current status of any call may be viewed at any time. TSRs entered via HEAT Self Service are reviewed and (D assigned within 24 hours of receipt, during regular business hours. If an email t address is included with the issue submission,a confirming email is sent to the submitting erson,to include the HEAT Call ID used for trackingu oses. Q Email Clients may submit TSRs to the CSC via email to support gcompudyne.com. TSRs sent to the CSC via email are entered into the HEAT system and receipt is confirmed by a follow-up e-mail message to the submitting person,which includes the HEAT Call ID used for tracking purposes. Email is processed during regular business hours. CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 64 Warranty&Maintenance Supp Version 2.2 Guidelines&Options Method : Procedure Fax Address faxes to CPSJ Client Support Center, and fax to: (510)742-9590 (CSC fax) (510)494-5360(CSC back-up fax) Faxes are processed during regular business hours. U.S. Mail Mail TSRs to: Client Support Center CompuDyne—Public Safety&Justice,Inc. 39350 Civic Center Drive Fremont, CA 94538 TSRs received via U S Mail are processed during regular business hours. N L O 3.1.2 PRIORITIZING TSRs a To ensure TSRs receive the appropriate response and attention required clients should assign each TSR a 3 priority code that is consistent with the definitions outlined below. All problems are addressed according to their priority level. c 0 NOTE: CPSJ staff may recommend a priority level other than that requested by the client, if the requested priority level does not meet the criteria defined below. m L Priori Level Cate o Definition R Priority I Urgent The Entire System or a Major Component is DOWN. a Client cannot use system to continue operations. L Impacts multiple users,halts or severely impacts c critical operations,or database integrity is ci compromised. ; NOTE: FOR PRIORITY 1 ISSUES,CLIENTS MUST CONTACT THE CSC IMMEDIATELY BY c TELEPHONE. DO NOT DELAY RESOLUTION E BY SUBMITTING A PRIORITY I TSR BY WEB, EMAIL, FAX,OR U. S. MAIL. Q Priority 2 High A major component or function does not work y properly. Impacts an individual or small group. c°', Normal operations impaired,but can continue. s' Priority 3 Standard Impacts an individual or small group. Service may be cn delayed until a mutually established future time. m w Priority 4 Information Issue is informational or educational in nature. Enhancement requests and Steering Committee issues should be reported as Priority 4 TSRs. c aD E Priority 1 TSRs reported during regular business hours are logged and assigned to a CPSJ technician for 0 investigation and resolution as soon as the information is gathered from the reporting person. For clients and systems with 24 x 7 coverage,Priority 1 TSRs may be reported 24 hours a day, 7 days a week. Q Clients and systems without 24 x 7 coverage may report issues via the CPSJ web site, email or fax at any time—those requests will be processed during regular business hours. Clients and systems without 24 x 7 coverage may contact the CSC by telephone during regular business hours to report any TSR. CompuDyne—Public Safety&Justice,Inc. September 9,2005 Page 4 Packet Pg. 65 Warranty&Maintenance Supp* Version 2.2 i Guidelines&Options TSRs for Priority 2, 3 and 4 calls are assigned to the applicable technical team for review, assessment, scheduling, and resolution. Regular TSR reviews between the client and the Project Manager or Account Manager will allow CPSJ technicians to focus on problem resolution and improve the TSR resolution time. 3.1.3 EMERGENCY AFTER HOURS ASSISTANCE Emergency assistance after regular business hours is subject to the following special condition. 24 x 7 support is standard for all CAD, Corrections (CMS and IMS), and Message Switch systems and remote support for Priority 1 calls for any covered system will be provided at any time. If a client selects the 24 x 7 service option for any additional system, remote support for Priority 1 calls for any covered N system will be provided at any time. If a client requests after hours support for a system without 24 x 7 r coverage, a call out fee will be assessed. Q 3.1.4 TECHNICAL SERVICE REQUEST — REPORTING PROCEDURES i All problems and enhancement requests for all systems used in a production environment must be reported to the CSC utilizing submission procedures described in this document. Whenever possible, supporting documentation or screen shots of examples should be provided when reporting problems. o Following the proper reporting procedures will expedite the problem resolution process. 3.1.4.1 PROBLEM REPORTS AND INFORMATION REQUESTS L Ca Once a client system is placed into productive use, clients should report all known problems and a functional questions to the CSC so that they may be logged, assigned, and addressed as soon as possible. All TSRs are addressed according to their assigned priority. Once a TSR has been resolved, the client is r contacted by telephone, if possible, or by email and advised that the call has been resolved. The client a=i may either confirm resolution of the call at that time or request additional time to test the resolution of the v call. If the client cannot be contacted, or if the client requests time to test the resolution of the problem, to the call is placed in Test Request mode. Calls placed in Test Request mode without any further M information or activity for 30 days will be automatically closed. +; c 3.1.4.2 ENHANCEMENT REQUESTS E a� When clients encounter a situation where a change or additional feature would enhance the functionality of their system, an enhancement request may be submitted to the CSC. The CSC logs all enhancement Q requests in the HEAT client support system to allow the CSC and the Project Manager or Account Manager to monitor their progress from the initial request to the issuance of a price quote. Once the request is entered in the HEAT client support system, it is assigned to the client's Project Manager or Account Manager, who works with the client and CPSJ's Product Management) staff to define the requirements and develop a price quote for the work involved. CPSJ's goal is provide enhancement v quotes to clients within 14 days for minor enhancement requests and within 30 days for more complex requests. c 3.1.4.3 STEERING COMMITTEE ISSUES t When clients encounter a situation where a change or additional feature would enhance the functionality 2 of the system, and they would like to submit this issue for discussion and potential inclusion in CPSTs Q baseline product, a Steering Committee request should be submitted to the CSC. Steering Committee requests that have been submitted are posted on CPSTs web site in the password protected area for client viewing. CompuDyne—Public Safety&Justice,Inc. September 9,2005 Noe Packet Pg. 66 4.D.a Warranty&Maintenance Suppe Version 2.2 . Guidelines&Options 4. BASK SUPPORT 4.1 MONTHLY STATUS REPORTS Each month, CPSJ sends warranty and maintenance clients Monthly Status Reports. Status reporting allows both the client and CPSJ to monitor all site activity and facilitates the scheduling of future activity. The report covers the previous month's Technical Service Request (TSR) and enhancement activities. It is important that clients review reports for accuracy to ensure thorough problem resolution. Clients N should inform the Client Support Center immediately if any discrepancies are discovered, in order to 0 equip CPSJ with the accurate information required for timely problem resolution. 5 r Q Client Support announcements are often included in the Monthly Status Report mailings. Client Support announcements are used to inform CPSJ clients of upcoming CPSJ holidays, Critical Product 3 aD Notifications,Requests for Information,Upcoming Events, and other CPSJ news. o_ 4.2 LEVEL 1 DBA0 SUPPORT 3 Level 1 DBA Support is a standard feature of CompuDyne's Master Support Agreement(MSA). Level 1 L DBA Support services mainly involve the creation of production and training databases to be used by 3 CompuDyne Applications for clients that do not have their own database administration(DBA) capabilities. Database services offered as part of the Level I DBA Support are limited. For instance,they L do not include preventive monitoring of the client's databases. It also [requires that Periodic Database = Backups, Backup functionality monitoring, Periodic Database maintenance, and database recoveries in v the event of disaster fall under the client's DBA responsibilities. During the project phase before"go ; live", CompuDyne is available to assist with configuration of the database backups.Thereafter, to CompuDyne will be available primarily for consultation to diagnosis/resolve database problems that are directly related to the CompuDyne Applications. a� E For clients that do not have access to the services of qualified DBA personnel,CompuDyne also offers its m optional added-cost DBA service plans: Level 2 Client DBA Support, Level 3 Client DBA Support and 0� Client DBA support on a time-and material basis Q N V 4.3 CPSJ WEB SITE (WWW.TIBURONINC.COM) L The CPSJ web site is a valuable client resource. It provides convenient, around-the-clock access to N information and special announcements about CPSJ's products and services. Many of the areas of this website are password protected. Clients may contact the CSC during regular business to obtain the login and password for your client site. E 4.3.1 CALL LOGGING — COMPUDYNE CLIENT SUPPORT (CCS) SYSTEM a The CPSJ Client Support Center uses HEAT®Call Logging software provided by FrontRange Solutions, Inc. It is an online database that allows us to maintain a central repository of all product, project, maintenance, and enhancement activity. This software has been customized to meet the unique needs of CPSJ and its clients. The system allows not only the tracking of Technical Service Requests (TSRs), but also provides a central repository to document each client's hardware, network configurations, product versions, support needs, and specific requirements. Working with the clients, the Project Managers and Account Managers periodically review and update the data stored in the client support system. They also CompuDyne—Public Safety&Justice,Inc. September 9,2005 Packet Pg. 67 4.D.a Warranty&Maintenance Suppo Version 2.2 Guidelines&Options periodically validate key and primary contact names, titles, positions, addresses, telephone numbers and email addresses. 4.3.2 CCS SELF SERVICE This area of the website is password protected. All active CPSJ clients may access the CCS Self Service system via the internet 24 x 7. Clients may view all Open calls, as well as all calls closed within the previous 30 days. The calls may be viewed in list format, and you may drill down to an individual call to view all information on the call. A link is provided to send additional information to the Client Support Center, such as a screen shot of the problem encountered. A link is provided to send a notice to the Client Support Center advising that a call may be closed. A link is provided to generate a Crystal Report of all a, open calls and all calls that have been closed within the past seven days. This information may then be exported to a client's computer and manipulated using Microsoft Excel.°, 4.3.3 CSC DISCUSSION FORUM a This area of the website is password protected. Any client may post a bulletin board issue on any topic ai that may be viewed by all other CPSJ clients. Replies to issues may be posted. CPSJ encourages all clients to participate in this valuable exchange of information. c 4.3.4 REPORT TEMPLATE SHARING POOL A Report Template Sharing Pool was launched in the fall of 2002. This area of the website is password (D protected. CPSJ users are encouraged to submit report templates for posting on this link so that other R CPSJ users may share other client knowledge and expertise with their agency. All report template a submissions should be sent via email to support a)co.mpudyne.com and must include the name of the report, the name, telephone number and email address of the report author, and a brief description of the report. U 4.4 CPSJ USER GROUP M The CPSJ User Group provides an important vehicle for communicating with other users and CPSJ staff. Each year, CPSJ hosts the conference, offering training sessions, presentations and product m demonstrations. The annual conference enhances communication among users, introduces new products L and product upgrades, and provides working sessions focused on specific areas of user interest. Each Q agency may send as many representatives to the annual conference as desired. 4.5 PRODUCT STEERING COMMITTEES L Product Steering Committees allow CPSJ clients to participate in product development and direction for cc all major Tiburon Application products. Each Product Steering Committee is composed of a chairperson a elected by the CPSJ User Group, and up to five additional members selected by the chairperson. The Product Steering Committee members solicit input from CPSJ clients licensed for each product line, and °' compile suggested product changes to discuss at the annual Product Steering Committee meetings which are held in the spring each year. A CPSJ product advocate and CPSJ product technical lead attend the annual Product Steering Committee meetings. Each session begins with a full demonstration of the Q current product version, followed by a discussion of potential changes and enhancements. As a result of these discussions, the Product Steering Committees determine which changes will be applied to the next product version. Product Steering Committee information may be accessed via the password protected area of CPSJ's website. Posted information includes annual Product Steering Committee Enhancement lists, as well as Product Steering Committee issues submitted by clients for discussion at the next annual Product Steering Committee meeting. CompuDyne—Public Safety&Justice,Inc. � September 9,2005 Packet Pg. 68 Warranty&Maintenance SuppA Version 2.2 Guidelines&Options 4.6 VERSION MANAGEMENT PROGRAM The Version Management Program (VMP) provides CompuDyne clients with ongoing product enhancements and new features as an integral component of the CompuDyne's Master Support Agreement(MSA). Under the VMP,baseline clients are offered release updates to key CompuDyne products. These updates include additional functionality, support for new releases of operating systems, relational databases and other third party products, and, in many cases, the introduction of new technology. Client input through Steering Committees and Focus Groups drives the majority of these product updates. N •L While there are optional for-fee services,the majority of the costs for the VMP are included in the annual r maintenance fee. There are situations where the release requires additional license fees,non-CompuDyne Q product upgrades, additional equipment,or costs for migration for custom interfaces. These fees are extra cost items. As part of each new release,the Company will advise clients on these matters. 3 a� c The Version Management Program applies to selected versions of CompuDyne baseline products. For full details of the Version Management Program, please refer to the current Version Management Program o Guide. L m L R L f+ U M M C E d d L Q N V d L Ccc C E V Q CompuDyne—Public Safety&Justice,.Inc. September 9,2005 Packet Pg. 69 Warranty&Maintenance Supp Version 2.2 Guidelines&Options 4.D.a 5. OPTIONAL SUPPORT PROGRAMS CPSJ's Account Manager will work with the client to tailor support programs to the client's specific needs and develop pricing associated with these needs. 5.1 24 X 7 SUPPORT FOR ADDITIONAL CPSJ SYSTEMS CIients may upgrade to 24 x 7 support for any CPSJ system at an additional cost per system. 24 x 7 N support is standard for all Tiburon CAD,CMS,and Message Switch systems o r 5.2 NETWORK SUPPORT a 3 CPSJ offers optional network support as described below. aD c a� o_ Support Level Definition c 0 On-Site Network and System CPSJ is available to provide diagnostic analysis and support for Administrator problems that arise in day-to-day operations. For example,this analysis might cover the failure of one of the network hardware components or m one of the network devices, such as PCs or printers. CPSJ takes the R lead in working with the hardware vendor to repair the network a equipment. L f+ The on-site network administrator responsibilities may include v monitoring traffic flow for adequate bandwidth and response time. CPSJ takes responsibility for applying any set-up changes and proposes � any required bandwidth upgrades to accommodate future growth. c 5.3 HARDWARE SUPPORT E L CPSJ can provide optional hardware support from initial hardware purchase, which may include Q maintenance directly from the hardware vendor. When hardware problems arise, the client may either contact the hardware vendor directly,or opt for CPSJ to act as the single point of contact. m L Ccc C I_ 0 Q CompuDyne—Public Safety&Justice,Inc. September 9,2005 Page 9 Packet Pg. 70 DocuSign Envelope ID:3A228E61-5F07-4061-9256-5EOB57A7FEDC 4.D.b AMENDMENT# 1 TO THE MASTER SUPPORT AGREEMENT City of Kent, WA ("the City") and N 0 CentralSquare Technologies, LLC Q ("CentralSquare") 3 m c m WHEREAS, The City and CompuDyne— Public Safety &Justice, Inc. ("CompuDyne") entered into a Master Support Agreement with an execution date of September 9, 2005 (the ° "Agreement"); and WHEREAS, In or about 2016 TriTech Software Systems acquired all assets of CompuDyne; and 3 WHEREAS, On or about September 2018 through asset purchase, CentralSquare Technologies, vai LLC, is the owner of all TriTech Software Systems' products, services, and contractual obligations, including those of TriTech's subsidiaries; and M This Amendment (the "Amendment") amends the Agreement expressly as provided for in this M Amendment. r c as E The effective date of this Amendment is the last date signed as shown on the signature page of L this Amendment. °f a as The City and CentralSquare, intending to be legally bound, agree as follows: it as L 1. Amendment to and Modification of the Agreement. 0 The Agreement is amended and modified as follows: r c A.) All references to "CompuDyne" shall be replaced with "CentralSquare Technologies, LLC". m E 2. Integration Provision. Except as expressly modified by this Amendment, the Agreement a r shall remain in full force and effect. As of the Execution Date,the Agreement,as further amended a by this Amendment constitutes the entire understanding of the parties as regards the subject matter hereof and cannot be modified except by written agreement of the parties. a Page 1 of 2 Packet Pg. 71 DocuSign Envelope ID:3A228E61-5FO7-4061-9256-5EOB57A7FEDC 4.D.b CentralSquare Technologies, LLC City of Kent,WA BY: LDocuSignei by: 4w Q. 9V'jkV)6W BY: PRINT NAME: Ron A. Anderson PRINT NAME: Mike Carrington N �L 0 PRINT TITLE: chief Sales officer PRINT TITLE: IT Director Q DATE SIGNED: 8/11/2023 DATE SIGNED: 08/18/2023 c m c 0 L L 3 a L d U M m co M a+ C d E N N L Q V it N L N C� G 0 r cd G E Q E V Q Page 2 of 2 Packet Pg. 72 4.D.c CENTRALSQUARE Renewal Order prepared by: Paola Ceballos paola.ceballos@centralsquare.com Renewal Order#: Q-139590 Renewal Order prepared for: Start Date: September9,2023 Christy Warren,Support Services Manager End Date: September8,2024 Kent Police Department Billing Frequency: Yearly 2204th Ave South Subsidiary: Tritech Software Systems Kent,WA 98032 (253)856-5810 Thank you for your continued business.We at CentralSquare appreciate and value our relationship and lookforward to N serving you in the future. CentralSquare provides software thatpowers over8,000 communities.More information aboutall of 0 our products can be found at www.centralsquare.com. Q WHAT SOFTWARE IS INCLUDED? 3 m c a� PRODUCT NAME QUANTITY TOTAL 0 1. Case ManagementAnnual Maintenance Fee 1 1,440.01 USD 2. Citation and Collision Data Upload Annual Maintenance Fee 1 7,056.98 USD ~ m L 3. Classification Annual Maintenance Fee 1 2,162.02 USD f° 0 a 4. CopLogic Interface(TB)Annual Maintenance Fee 1 621.74 USD N 0 L 5. Crime Analysis(TB)Annual Maintenance Fee 1 2,881.35 USD c a� 6. Escrow Annual Maintenance Fee 1 0.00 USD U M 7. FAS (ARS)Annual Maintenance Fee 1 0.00 USD M 8. GCT Annual Maintenance Fee 1 0.00 USD m 9. Get Case Interface Annual Maintenance Fee 1 0.00 USD O 10. Identix Interface Annual Maintenance Fee 1 5,043.38 USD 3 11. Incident Reporting Annual Maintenance Fee 1 1,680.68USD 12. Incident/DisciplinaryAnnual Maintenance Fee 1 2,162.02 USD c 13. Inmate Programs Annual Maintenance Fee 1 3,600.69 USD E t 14. Inmate Property Mgnt Annual Maintenance Fee 1 1,680.68 USD c� 15. Jail Initialize Interface Annual Maintenance Fee 1 0.00 USD Q 16. JailRECORDSAnnual Maintenance Fee 1 18,700.08 USD 17. L2 DBA Annual Maintenance Fee 1 0.00 USD 18. LawRECORDS Annual Maintenance Fee 1 26,893.56 USD 19. Microfocus Annual Maintenance Fee 1 4,170.28 USD MORE INFORMATION AT CENTRALSQUARE.COM Packet Pg. 73 4.D.c CENTRALSQUARE Renewal Order prepared by: Paola Ceballos paola.ceballos@centralsquare.com 20. PRC Intf Annual Maintenance Fee 1 4,507.22 USD 21. TIPS Video Capture(2 Lic)Annual Maintenance Fee 1 6,002.05 USD 22. TIPS View Station (9 Lic)Annual Maintenance Fee 1 3,602.03 USD 23. Traffic ManagementAnnual Maintenance Fee 1 1,200.68 USD 24. UCR Crime Statistics Annual Maintenance Fee 1 2,640.69 USD 25. Workstation(TB)Annual Maintenance Fee 1 40,820.34 USD N •L O Renewal Order Total: 136,866.48 USD Q 3 m c Billing Information Fees will be payable within 30 days of invoicing. o Please note that the Total Price shown above has been rounded to the nearesttwo decimal places fordisplaypurposes only. H The actual price may include as manyas five decimal places.Forexample,an actual price of$21.37656 will be shown as a Total Price of$21.38.The Total for this quote has been calculated using the actual prices for the product and/or service,rather than the Total Price displayed above. a Prices shown do notinclude any taxes that mayapply.Any such taxes are the responsibilityof the Customer.This is notan L invoice. c a� U For customers based in the United States or Canada,any applicable taxes will be determined based on the laws and regulations ofthe taxing authority(ies)governing the"Ship To" location provided by Customeron the Renewal Order Form. m M L L O 3 m c a� c a� E c� a MORE INFORMATION AT CENTRALSQUARE.COM Packet Pg. 74 4.E FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: July, 2023 Monthly Financial Report SUMMARY: Financial Planning Manager, Michelle Ferguson will present the Council with the July, 2023 Monthly Financial Report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. July 2023 Financial Report (PDF) Packet Pg. 75 4.E.a July 2023 Monthly Financial Report City of Kent, Washington General Fund Overview Adj Budget YTD Est Actual Favorable Favorable (Unfavorable) (Unfavorable', Revenues 117,372,750 67,824,788 125,041,560 7,668,810 6.5% Expenditures 120,788,310 62,074,938 118,766,160 2,022,150 1.7% Net Revenues Less Expenditures (3,415,560) 5,749,851 6,275,400 9,690,960 Beginning Fund Balance 50,920,209 50,920,209 O a Ending Fund Balance 47,504,649 57,195,609 39.3% 48.2% .v c R c ii 21 Required Endina Fund Balance Calculation t c Estimated Expenditures for 2023 (from above) 118,766,160 O 18.0% M 18% GF Ending Fund Balance 21,377,909 c N $in millions General Fund Ending Fund Balance 10-year History (excluding Annexation) 70.00 >- 57.20 J 60.00 Z 47.66 50.92 O 50.00 — 41.97 O 40.00 ILL 32.98 Z 30.00 2 18.92 0.65 21.6 20.00 10.00 9.46 11.91 0.00 O 2014 2015 2016 2017 2018 2019 2020 2021 Prelim 2022 Est.2023 0- N w C C ILL M N O N 21 7 r C d E L V a Page 1 of 14 Packet Pg. 76 4.E.a July 2023 Monthly Financial Report City of Kent, Washington General Fund Overview - Revenues Revenue Categories Adj Budget YTD Est Actual Favorable Favorable (Unfavorable) Taxes: Property 15,670,870 8,558,071 15,896,800 225,930 1.4% Sales & Use 30,323,830 19,203,170 33,524,900 3,201,070 10.6% Utility 24,349,760 15,933,954 26,087,030 1,737,270 7.1% Business &Occupation 19,120,500 8,251,541 19,426,300 305,800 1.6% Other 806,120 370,066 948,700 142,580 17.7% o CL Licenses and Permits 7,468,380 4,122,424 7,176,900 (291,480) -3.9% Intergovernmental Revenue 3,246,020 2,342,502 3,365,450 119,430 3.7% Charges for Services 6,632,210 4,123,936 7,391,300 759,090 11.4% Z c Fines and Forfeitures 738,080 419,745 634,500 (103,580) -14.0% Miscellaneous Revenue 2,016,600 2,549,379 3,589,300 1,572,700 78.0% LL Transfers In 7,000,380 1,950,000 7,000,380 - 2' t Total Revenues 117,372,750 67,824,788 125,041,560 7,668,810 6.5% 0 M N O N 2023 Estimated General Fund Revenues J B&O Taxes Z 15% Other Taxes O 0.8% OL Licenses and Permits Z 6% Utility Taxes ` Intergovernmental 21% I 6% M Charges for Services p 6% y Other dines and o e� 17% { c Misc&Transfers In LL M $/ O N 21 7 Sales Taxes Property Taxes 27% 13% t tv .r a Page 2 of 14 Packet Pg. 77 ReportJuly 2023 Monthly Financial City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $160,000 Revenues Revenues Revenues $140,000 January 6,113 6,140 6,450 February 5,033 5,523 6,204 $120,000 March 7,099 7,600 9,524 $100,000 - - April 21,928 19,548 16,944 $80,000 May 10,834 9,079 10,441 June 6,013 6,429 7,157 O $60,000 O• July 9,739 81509 11,107 $40,000 August 7,994 6,240 0 $20,000 - September 6,622 6,327 0 $0 October 21,272 20,657 0 c Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 11,145 8,784 0 jL December 20,582 12,537 0 23 Bud f22 Prelim 23 Act Total 134,376 117,373 67,826 C O Property Tax Prior Year Budgeted Actual O N $35,000 Revenues Revenues Revenues 7 January - 0 0 $30,000 } February 57 99 125 J $25,000 March 1,289 578 648 Z O $20,000 April 12,892 6,037 6,254 O LL May 3,048 1,276 1,378 Z_ $15,000 - June 101 279 80 $10,000 _ July 59 69 74 August 214 74 0 $5,000 September 415 251 0 $0 October 11,127 5,726 0 d Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 3,487 1,182 0 December 147 99 0 23 Bud f22 Prelim 23 Act Total 32,835 15,671 8,558 M c I.L M N O BudgetedPrior Year Actual N $35,000 Revenues Revenues Revenues 2' 3 $30,000 January 2,063 2,328 2,202 February 2,329 2,731 2,609 O $25,000 - March 2,112 2,343 2,717 t $20,000 April 2,063 2,161 2,711 0 May 2,411 2,592 3,087 Q $15,000 June 2,167 2,384 2,803 $10,000 July 2,239 2,192 3,074 August 2,595 2,688 0 $5,000 September 2,334 2,528 0 $0 October 2,379 2,558 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,445 2,719 0 December 2,806 3,098 0 �23 Bud f22 Prelim -4-23 Act Total 27,944 30,324 19,203 Page 3 of 14 Packet Pg. 78 ReportJuly 2023 Monthly Financial =sit City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax Prior Year Budgeted Actual $30,000 212evenues Revenues Revenues January 1,980 2,415 2,517 $25,000 February 1,889 2,039 2,233 $20,000 March 1,805 2,066 2,272 April 1,859 2,172 2,452 $15,000 - - May 1,745 1,975 2,209 0 rL June 1,690 1,816 1,943 $10,000 July 1,713 2,149 2,308 $5,000 - August 1,581 1,877 0 3 September 1,672 2,078 0 $0 October 1,656 1,874 0 LL Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,575 1,934 0 t .r December 1,878 1,955 0 - 23 Bud f22 Prelim --+--23Act 0 Total 21,044 24,350 15,934 2 M N TaxesOther O N Prior Year Budgeted Actual $10,000 - - Revenues Revenues Revenues January 2 80 2 J $8,000 - February 3 3 2 ZZ March 79 10 33 O $6,000 - April 3,087 3,211 3,373 z Z_ May 1,549 1,579 1,772 $4,000 - - June 97 200 100 m July 3,501 3,902 3,339 $2,000 - August 1,493 1,246 0 September 141 154 0 0. $0 1 1 1 1 October 3,591 4,074 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,234 1,113 0 v December 5,670 6,025 0 23 Bud A 22 Prelim --+--23 Act to Total 20,448 21,599 8,622 5 IL CO) Other Revenues N (Interg O • for Forfeits, . N Prior Year Budgeted Actual $35,000 Revenues Revenues Revenues +-� C $30,000 January 2,068 2,595 1,728 February 755 926 1,236 t v $25,000 - March 1,815 2,352 3,855 $20,000 - April 2,028 1,968 2,154 Q May 2,081 1,725 1,996 $15,000 June 1,957 2,418 2,231 $10,000 - July 2,227 2,124 2,310 August 2,110 1,512 0 $5,000 September 2,059 2,172 0 $0 October 2,520 2,666 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,404 1,891 0 December 10,082 4,753 0 23 Bud f22 Prelim �23Act Total 32,106 27,102 15,510 Page 4 of 14 Packet Pg. 79 July 2023 Monthly Report City of Kent, Washington General Fund Overview - Expenditures FavorableDepartment Adj Budget YTD Est Actual Favorable (Unfavorable) (Unfavorable', City Council 440,600 248,771 426,700 13,900 3.20/ Administration 3,310,760 1,059,980 3,035,080 275,680 8.30/ Economic & Community Dev 10,365,330 5,608,272 10,246,200 119,130 1.10/ Finance 3,467,640 1,921,649 3,418,300 49,340 1.40/ Fire Contracted Services 4,109,990 2,645,647 4,080,900 29,090 0.70/( o a Human Resources 2,323,130 1,168,299 2,131,600 191,530 8.20/ Law 1,647,990 759,317 1,500,500 147,490 8.90/ Municipal Court 4,254,230 2,188,603 4,023,100 231,130 5.40/ u Parks, Recreation & Comm Svcs 23,264,010 11,933,681 22,371,300 892,710 3.80/ Police 55,556,550 31,829,994 55,484,200 72,350 0.10/ LL 21 Non-Departmental 12,048,080 2,710,508 12,048,080 Total Expenditures 120,788,310 62,074,938 118,766,160 2,022,150 1.70A oo 2 Variance analysis for expenditures is provided for particular departments or those in which the estimated actual N amount differs from the budgeted amount by at least 10% or a minimum of $500,000. N Variance Notes Parks, Recreation, & Community Services: Estimated spend by Parks, Recreation, & Community Services is J $893k under budget due to reduced spending on Salaries & Benefits ($756k)and services ($251k), offset by an Z increase in supplies ($129k) O O u_ Z 2023 Estimated General Fund Expenditures o Police 47% v c Non-Departmental City Council ii 10% 0.36% th 0 N 21 Human Resources r 2% Other E 3% v Ad 'nistration� Q Law 1% ECD 9% Parks,Recreation& Finance 3% Comm Svcs Fire Contracted Services 19% Municipal Court 3% 3% Page 5 of 14 Packet Pg. 80 ReportJuly 2023 Monthly Financial City of Kent, Washington General Fund BudgetActual Actual Adj Beginning Fund Balance 41,969,901 47,660,526 50,920,209 50,920,209 50,920,209 Revenues Taxes: Property 32,052,967 32,835,026 15,670,870 8,558,071 15,896,800 Sales & Use 24,828,972 27,943,579 30,323,830 19,203,170 33,524,900 Utility 20,262,726 21,048,283 24,349,760 15,933,954 26,087030 oa m Business & Occupation 17,060,649 19,517,633 19,120,500 8,251,541 19,426:300 W Other 613,502 930,044 806,120 370,066 948,700 Licenses and Permits 7,171,129 8,567,857 7,468,380 4,122,424 7,176,900 Intergovernmental Revenue 3,297,871 3,406,561 3,246,020 2,342,502 3,365,450 9 Charges for Services 5,299,515 8,492,824 6,632,210 4,123,936 7,391,300 LL >, Fines and Forfeitures 809,361 590,339 738,080 419,745 634,500 m, Miscellaneous Revenue 1,192,043 (375,462) 2,016,600 2,549,379 3,589,300 0 Transfers In 1,442,364 11,445,001 7,000,380 1,950,000 7,000,380 2 M Total Revenues 114,031,100 134,401,684 117,372,750 67,824,788 125,041,560 c N Expenditures 3 City Council 272,914 288,639 440,600 248,771 426,700 7 Administration 2,847,633 3,031,347 3,310,760 1,059,980 3,035080 Z Economic & Community Dev 7,469,721 7,791,962 10,365,330 5,608,272 10,246:200 p Finance 2,574,151 2,810,207 3,467,640 1,921,649 3,418,300 0 LL Fire Contracted Services 3,357,891 3,900,542 4,109,990 2,645,647 4,080,900 Z Human Resources 1,529,193 1,795,361 2,323,130 1,168,299 2,131,600 Law 1,444,860 1,383,659 1,647,990 759,317 1,500,500 Municipal Court 3,386,007 3,433,032 4,254,230 2,188,603 4,023,100 Parks, Recreation & Comm Svcs 17,758,211 19,439,188 23,264,010 11,933,681 22,371,300 c Police 45,793,526 50,394,511 55,556,550 31,829,994 55,484,200 Q' Public Works (720) - 217 200 Non-Departmental 21,957,021 36,289,679 12,048,080 2,710,508 12,048,080 Total Expenditures 108,390,407 130,558,126 120,788,310 62,074,938 118,766,160 c E Net Revenues less Expenditures 5,640,693 3,843,558 (3,415,560) 5,749,851 6,275,400 N 0 N Ending Fund Balance 47,610,594 51,504,084 47,504,649 56,670,060 57,195,609 Ending Fund Balance Detail: c m General Fund Reserves 47,660,526 50,920,209 47,504,649 57,195,609 E based on same year actuals/budget 44.0% 39.0% 39.3% 48.2% 0 .r a Page 6 of 14 Packet Pg. 81 4.E.a July 2023 Monthly Financial Report City of Kent, Washington General Fund Year-to-Year Month Comparison 2021 i i % 011 thru July thru July thru July Variance Budg Revenues Taxes: Property 17,096,722 17,444,844 8,558,071 (8,886,773) -50.9% 54.6% Sales & Use 13,942,071 15,384,495 19,203,170 3,818,675 24.8% 63.3% Utility 11,913,633 12,681,973 15,933,954 3,251,981 25.6% 65.4% Business &Occupation 7,087,711 8,056,645 8,251,541 194,896 2.4% 43.2% m Other 130,218 261,590 370,066 108,476 41.5% 45.9% d' Licenses and Permits 4,277,316 4,911,311 4,122,424 (788,887) -16.1% 55.2% Ti Intergovernmental Revenue 1,965,601 1,954,312 2,342,502 388,190 19.9% 72.2% Charges for Services 2,742,720 4,297,310 4,123,936 (173,373) -4.0% 62.2% a Fines and Forfeitures 532,821 374,132 419,745 45,613 12.2% 56.9% LL 21 Miscellaneous Revenue 1,182,404 1,108,808 2,549,379 1,440,571 129.9% 126.4% t .. Transfers In - 285,000 1,950,000 1,665,000 584.2% 27.9% c Total Revenues 60,871,218 66,760,419 67,824,788 1,064,370 1.6% 57.8% a M N Expenditures N City Council 163,332 172,088 248,771 76,683 44.6% 56.5% >; Administration 831,910 586,946 1,059,980 473,034 80.6% 32.0% Economic &Community Dev 4,185,642 4,320,840 5,608,272 1,287,432 29.8% 54.1% Finance 1,519,394 1,546,243 1,921,649 375,405 24.3% 55.4% Z Fire Contracted Services 2,161,515 2,513,652 2,645,647 131,995 5.3% 64.4% O Human Resources 861,831 984,339 1,168,299 183,959 18.7% 50.3% OLL Law 794,961 790,570 759,317 (31,253) -4.0% 46.1% z_ Municipal Court 1,959,110 1,950,588 2,188,603 238,015 12.2% 51.4% Parks, Recreation &Comm Svcs 9,352,348 10,527,143 11,933,681 1,406,538 13.4% 51.3% Police 25,989,997 29,305,758 31,829,994 2,524,237 8.6% 57.3% Non-Departmental 5,404,984 2,441,804 2,710,508 268,704 11.0% 22.5% Total Expenditures 53,225,026 55,139,972 62,074,938 6,934,966 12.6% 51.4% Q. a� GF Revenues thru July GF Expenditures thru July 30,000,000 35,000,000 LL M 25,000,000 30,000,000 0 N 25,000,000 >+ 20,000,000 - � ■2021 20,000,000 ■2021 15,000,000 +-� a 2022 15,000,000 - ti 2022 10,000,000 LJ2023 10,000,000 - V 2023 0 M 5,000,000 5,000,000 0 0 Property Sales& Utility Other Police Parks *General ECD Non-Dept Taxes Use Taxes Taxes Revenues Govt. &Other *General Govt. includes City Council,Administration, HR, IT,&Finance Page 7 of 14 Packet Pg. 82 4.E.a July 2023 Monthly • • City of Kent, Washington Fund Balances 2023 2023 Beginni.ng Estimated Estimated Ending Fund Fund Balance Revenues Expenditures Balance Estimated Estimated Operating revenues and expenditures only; capital and non-capital projects are excluded. C General Fund General Fund 50,920,209 125,041,560 118,766,160 57,195,609 Special Revenue Funds c ii 21 Street Fund 18,146,053 20,550,910 18,760,160 19,936,803 LEOFF 1 Retiree Benefits 1,015,707 1,199,450 1,237,850 977,307 0 Lodging Tax 450,235 259,800 268,880 4411155 M Youth/Teen Programs 482,625 1,120,570 1,049,920 553,275 N 0 N Capital Resources 30,876,919 27,222,170 34,113,950 23,985,139 >; Criminal Justice 11,447,849 11,430,800 13,071,590 9,807,059 Human Services 2,544,857 4,436,600 3,446,530 3,534,927 J ShoWare Operating 4,009,903 1,151,400 3,429,620 1,731,683 Z O Impact Fee Fund 4,150,840 4,150,840 O Other Operating 596,733 112,700 112,700 5961733 Z Debt Service Funds co m Councilmanic Debt Service 1,430,000 7,558,440 8,259,280 7291160 Special Assessments Debt Service 313,116 268,600 201,900 379,816 c Enterprise Funds 0. Water Utility 18,111,475 31,705,160 32,686,610 17,130,025 '5 c Sewer Utility 5,576,474 38,166,900 39,108,990 4,634,384 Drainage Utility 16,825,386 26,693,630 29,733,400 13,785,616 u- M Solid Waste Utility 541,955 1,018,900 997,750 563,105 0 Golf Complex 731,090 3,548,720 3,063,080 1,216,730 ', Internal Service Funds Fleet Services 7,276,391 8,536,400 9,893,310 5,919,481 Central Services 144,866 328,500 271,170 2021196 Information Technology 2,322,409 12,970,790 13,141,480 2,151,719 .01 Facilities 3,420,229 6,684,640 8,118,880 1,985,989 Q Unemployment 1,347,482 193,620 221,680 1,319,422 Workers Compensation 2,380,429 1,882,470 2,565,090 1,697,809 Employee Health & Wellness 9,621,934 16,502,710 15,384,970 10,739,674 Liability Insurance 7,245,529 4,315,210 4,617,120 6,943,619 Property Insurance 996,581 954,880 1,009,560 941,901 Page 8 of 14 Packet Pg. 83 ReportJuly 2023 Monthly Financial =sit City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Actual Actual Adj Budget YTD Est Actual Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Revenue Funds Street Fund Revenues 20,419,435 21,474,426 20,550,910 8,696,180 20,550,910 o CL Expenditures 16,768,746 18,646,932 21,067,060 7,613,345 18,760,160 m Net Revenues Less Expenditures 3,650,689 2,827,493 (516,150) 1,082,835 1,790,750 LEOFF 1 Retiree Benefits R Revenues 1,199,965 1,119,751 1,289,890 516,159 1,199,450 .� Expenditures 1,519,460 1,375,512 1,581,160 579,024 1,237,850 LL Net Revenues Less Expenditures (319,495) (255,761) (291,270) (62,865) (38,400; c Lodging Tax a Revenues 221,252 565,735 280,260 143,021 259,800 M Expenditures 165,720 244,710 268,880 202,622 268,880 0 Net Revenues Less Expenditures 55,532 321,025 11,380 (59,601) (9,080 Youth/Teen Programs Revenues 977,243 1,021,842 1,049,920 683,100 1,120,570 Expenditures 822,054 925,650 1,049,920 3,862 1,049,920 Z Net Revenues Less Expenditures 155,189 96,192 679,239 70,650 p Capital Resources OL Revenues 28,353,626 27,054,816 27,422,170 15,137,529 27,222,170 z Expenditures 18,092,140 20,632,883 34,570,830 3,102,402 34,113,950 Net Revenues Less Expenditures 10,261,487 6,421,934 (7,148,660) 12,035,127 (6,891,780 ww M Criminal Justice Revenues 9,774,373 10,036,211 10,298,340 6,316,113 11,430,800 0 Expenditures 7,540,042 9,102,237 14,176,900 5,121,633 13,071,590 Net Revenues Less Expenditures 2,234,331 933,974 (3,878,560) 1,194,480 (1,640,790' W Human Services Revenues 3,796,657 4,220,533 4,100,220 2,434,119 4,436,600 Expenditures 2,704,110 2,813,399 4,100,220 351,487 3,446,530 Net Revenues Less Expenditures 1,092,547 1,407,133 2,082,632 990,070 M N ShoWare Operating N Revenues 3,079,558 1,794,223 1,150,000 1,395 1,151,400 >, Expenditures 2,091,661 4,130,620 3,429,620 1,684,008 3,429,620 Net Revenues Less Expenditures 987,897 (2,336,397) (2,279,620) (1,682,613) (2,278,220: m Impact Fee Fund E Revenues 3,957,718 3,152,179 4,150,840 568,490 4,150,840 U Expenditures 3,958,033 3,152,179 4,150,840 532,908 4,150,840 21 Net Revenues Less Expenditures (316) 35,582 Q Other Operating Revenues 128,175 136,681 112,700 112,700 Expenditures 104,945 130,685 112,700 21,220 112,700 Net Revenues Less Expenditures 23,230 5,996 (21,220) Page 9 of 14 Packet Pg. 84 ReportJuly 2023 Monthly Financial =sit City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Actual Actual Adj Budget YTD Est Actual Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Debt Service Funds Councilmanic Debt Service Revenues 7,988,547 7,907,603 7,558,440 2,103,745 7,558,440 o Expenditures 8,348,722 8,563,855 8,259,280 2,129,419 8,259,280 m Net Revenues Less Expenditures (360,174) (656,252) (700,840) (25,674) (700,840 Special Assessment Debt Service Revenues 1,035,745 720,252 238,000 264,637 268,600 Expenditures 858,473 682,020 201,900 201,900 ii Net Revenues Less Expenditures 177,272 38,232 36,100 264,637 66,700 Enterprise Funds c 0 Water Utility N Revenues 29,810,341 27,653,347 31,520,630 17,890,695 31,705,160 N Expenditures 28,183,254 25,713,818 32,767,620 12,727,651 32,686,610 �,; Net Revenues Less Expenditures 1,627,087 1,939,529 (1,246,990) 5,163,044 (981,450 Sewer Utility Revenues 34,846,524 35,612,755 37,418,820 22,575,723 38,166,900 Z Expenditures 33,974,459 33,041,535 39,108,990 20,263,457 39,108,990 O Net Revenues Less Expenditures 872,065 2,571,220 (1,690,170) 2,312,266 (942,090: 00 z Drainage Utility Revenues 25,408,140 24,634,562 26,762,680 15,779,818 26,693,630 Expenditures 23,609,481 27,537,869 31,591,100 9,979,356 29,733,400 Net Revenues Less Expenditures 1,798,659 (2,903,307) (4,828,420) 5,800,462 (3,039,770: 0 Solid Waste Utility Q- a� Revenues 855,492 1,419,785 788,860 612,717 1,018,900 W Expenditures 995,385 1,151,021 932,240 686,222 997,750 5 Net Revenues Less Expenditures (139,893) 268,764 (143,380) (73,505) 21,150 Golf Complex Revenues 2,526,316 3,468,448 3,372,200 2,143,641 3,548,720 M Expenditures 4,513,837 2,963,754 3,063,080 1,900,456 3,063,080 c Net Revenues Less Expenditures (1,987,522) 504,694 309,120 243,185 485,640 21 Internal Service Funds c Fleet Services E E Revenues 5,674,822 8,180,653 8,206,270 4,778,932 8,536,400 0 Expenditures 4,894,499 5,176,283 11,939,000 4,954,431 9,893,310 Net Revenues Less Expenditures 780,323 3,004,370 (3,732,730) (175,500) (1,356,910 Q Central Services Revenues 355,897 315,714 370,960 173,935 328,500 Expenditures 320,247 286,653 375,610 122,098 271,170 Net Revenues Less Expenditures 35,650 29,061 (4,650) 51,837 57,330 Page 10 of 14 Packet Pg. 85 July 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Budget2021 2022 2023 2023 2023 Actual Actual Adj Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Information Technology Revenues 10,506,136 11,412,426 12,894,310 7,275,973 12,970,790 Expenditures 10,411,640 11,386,844 13,192,950 7,630,279 13,141,480 0 Net Revenues Less Expenditures 94,496 25,582 (298,640) (354,306) (170,690: Facilities Revenues 6,704,998 6,271,666 6,630,870 3,574,936 6,684,640 (,1 Expenditures 6,222,434 7,693,874 8,401,690 3,861,013 8,118,880 Net Revenues Less Expenditures 482,564 (1,422,209) (1,770,820) (286,076) (1,4341240: LL Unemployment _>+ Revenues 134,862 117,126 168,370 116,382 193,620 Expenditures 161,765 119,475 206,990 156,133 221,680 0 Net Revenues Less Expenditures (26,902) (2,349) (38,620) (39,752) (28,060: Workers Compensation N Revenues 1,019,589 3,172,019 1,761,030 1,128,145 1,882,470 Expenditures 1,788,435 2,852,220 2,387,570 1,480,040 2,565,090 Net Revenues Less Expenditures (768,845) 319,800 (626,540) (351,896) (682,620: J Employee Health & Wellness Z Revenues 15,795,365 15,793,817 16,286,430 9,640,083 16,502,710 p Expenditures 14,736,998 14,796,643 15,893,380 8,762,717 15,384,970 u- Net Revenues Less Expenditures 1,058,367 997,174 393,050 877,367 1,117,740 m Liability Insurance Revenues 8,119,358 8,677,522 4,007,230 2,567,282 4,315,210 Expenditures 4,307,222 5,626,577 4,617,120 3,586,635 4,617,120 0 Net Revenues Less Expenditures 3,812,136 3,050,944 (609,890) (1,019,353) (301,910 Property Insurance Revenues 605,819 1,171,973 940,320 559,660 954,880 c Expenditures 677,950 814,057 915,820 1,493,581 1,009,560 c Net Revenues Less Expenditures (72,131) 357,915 24,500 (933,921) (54,680; M N O N Other Fund Revenues Other Fund Expenditures21 80,000,000 o Special 80,000,000 o Special y 70,000,000 Revenue 70,000,000 60,000,000 - Funds 60,000,000 Revenue E t 50,000,000 LJ Enterprise 50,000,000 Funds 40,000,000 - Funds 40,000,000 a Enterprise Q 30,000,000 - 30,000,000 Funds 20,000,000 - o Internal 20,000,000 — 10,000,000 - 10,000,000 Service 0 o Internal 0 Funds 2021 2022 2023 2021 2022 2023 Service Funds Actuals Prelim Budget Actuals Prelim Budget Page 11 of 14 Packet Pg. 86 July 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru July thru July thru July Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 8,007,501 9,205,047 8,696,180 (508,867) -5.50/. CL 0 Expenditures 6,447,538 8,959,177 7,613,345 (1,345,833) -15.00/c Net Revenues Less Expenditures 1,559,964 245,870 1,082,835 LEOFF I Retiree Benefits Revenues 594,784 562,492 516,159 (46,333) -8.29% LL Expenditures 834,549 813,423 579,024 (234,400) -28.8% >, Net Revenues Less Expenditures (239,765) (250,931) (62,865) c 0 Lodging Tax 2 Revenues 90,743 408,887 143,021 (265,866) -65.0% N Expenditures 91,485 159,334 202,622 43,288 27.20/a N Net Revenues Less Expenditures (743) 249,553 (59,601) Youth/Teen Programs Revenues 586,752 622,117 683,100 60,984 9.80/a Expenditures 4,550 3,663 3,862 198 5.40/0 O Net Revenues Less Expenditures 582,202 618,453 679,239 0 LL Capital Resources z_ Revenues 13,791,500 14,593,067 15,137,529 544,462 3.70/c Expenditures 3,131,579 1,776,660 3,102,402 1,325,742 74.60/a coo Net Revenues Less Expenditures 10,659,921 12,816,407 12,035,127 M Criminal Justice 0 0. Revenues 5,385,756 5,799,004 6,316,113 517,109 8.9O/C Expenditures 3,758,435 4,617,822 5,121,633 503,811 10.9O/C Net Revenues Less Expenditures 1,627,321 1,181,182 1,194,480 c Human Services ii Revenues 1,515,608 2,286,284 2,434,119 147,835 6.50/a M Expenditures 55,793 88,067 351,487 263,420 299.10/c c Net Revenues Less Expenditures 1,459,815 2,198,217 2,082,632 N ShoWare Operating r Revenues 855 1,395 1,395 m Expenditures 1,037,647 2,078,267 1,684,008 (394,259) -19.0% E Net Revenues Less Expenditures (1,036,792) (2,078,267) (1,682,613) Admissions Tax revenues received quarterly (April, July, September, January) Q Impact Fee Fund Revenues 1,745,914 1,526,324 568,490 (957,834) -62.8% Expenditures 1,090,439 1,072,394 532,908 (539,486) -50.3% Net Revenues Less Expenditures 655,476 453,930 35,582 Other Operating Revenues Expenditures 47,259 51,951 21,220 (30,730) -59.2% Net Revenues Less Expenditures (47,259) (51,951) (21,220) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 87 July 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru July thru July thru July Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Service Funds Councilmanic Debt Service Revenues 2,314,811 2,216,099 2,103,745 (112,354) -5.10/. a Expenditures 2,337,537 2,239,019 2,129,419 (109,599) -4.9% Net Revenues Less Expenditures (22,726) (22,919) (25,674) 1 Debt service payments are generally due in June and December. Special Assessments Debt Service LL Revenues 398,049 138,546 264,637 126,091 91.0% >, Expenditures 3,564 3,809 (3,809) -100.0% Net Revenues Less Expenditures 394,485 134,736 264,637 0 Enterprise Funds M N O N Water Utility >; Revenues 17,371,339 15,053,827 17,890,695 2,836,868 18.8% Expenditures 12,037,583 10,973,715 12,727,651 1,753,937 16.00/c Net Revenues Less Expenditures 5,333,756 4,080,113 5,163,044 z Sewer Utility 0 Revenues 20,182,336 20,710,642 22,575,723 1,865,081 9.0% 0 Expenditures 17,765,830 20,696,030 20,263,457 (432,573) -2.1% z Net Revenues Less Expenditures 2,416,506 14,612 2,312,266 co m Drainage Utility Revenues 14,024,957 14,399,934 15,779,818 1,379,885 9.60/a Expenditures 10,758,912 9,451,075 9,979,356 528,282 5.60/c Q. Net Revenues Less Expenditures 3,266,046 4,948,859 5,800,462 Solid Waste Utility Revenues 501,664 516,383 612,717 96,334 18.70/a c Expenditures 581,396 703,983 686,222 (17,762) -2.59/c Net Revenues Less Expenditures (79,732) (187,600) (73,505) ii CM Golf Complex o Revenues 1,447,899 1,981,769 2,143,641 161,872 8.20/a C14, Expenditures 3,333,191 1,775,968 1,900,456 124,488 7.0°/a Net Revenues Less Expenditures (1,885,292) 205,801 243,185 �, c Internal Service Funds m E t Fleet Services Revenues 3,377,136 3,543,051 4,778,932 1,235,881 34.90/a Q Expenditures 2,784,935 2,854,482 4,954,431 2,099,949 73.60/a Net Revenues Less Expenditures 592,201 688,568 (175,500) Central Services Revenues 224,423 167,796 173,935 6,140 3.70/a Expenditures 163,383 134,367 122,098 (12,269) -9.10/0 Net Revenues Less Expenditures 61,040 33,429 51,837 Information Technology Revenues 4,636,186 5,751,743 7,275,973 1,524,230 26.50/c Expenditures 5,595,207 6,221,398 7,630,279 1,408,881 22.6% Net Revenues Less Expenditures (959,021) (469,655) (354,306) Page 13 of 14 Packet Pg. 88 July 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2021 2022 2023 2023-2022 thru July thru July thru July Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Facilities Revenues 3,235,293 3,254,404 3,574,936 320,532 9.80/c Expenditures 2,642,150 3,053,647 3,861,013 807,366 26.40/c o Net Revenues Less Expenditures 593,142 200,757 (286,076) m Unemployment Revenues 90,848 94,689 116,382 21,692 Expenditures 125,137 74,710 156,133 81,423 109.0O/C R Net Revenues Less Expenditures (34,288) 19,980 (39,752) LL 21 Workers Compensation Revenues 667,978 886,687 1,128,145 241,457 27.20/c c Expenditures 935,004 1,298,334 1,480,040 181,706 14.00/c Net Revenues Less Expenditures (267,027) (411,646) (351,896) N 0 N Employee Health & Wellness Revenues 9,354,335 9,184,780 9,640,083 455,303 5.00/c Expenditures 8,258,477 8,331,393 8,762,717 431,323 5.20/c Net Revenues Less Expenditures 1,095,858 853,387 877,367 _J z O Liability Insurance O Revenues 6,541,665 1,901,691 2,567,282 665,591 35.0% Z Expenditures 3,191,449 2,685,161 3,586,635 901,474 33.60/c Net Revenues Less Expenditures 3,350,215 (783,470) (1,019,353) m M Property Insurance Revenues 358,244 456,490 559,660 103,170 22.60/c o Expenditures 995,619 1,198,115 1,493,581 295,466 24.70/c Net Revenues Less Expenditures (637,375) (741,625) (933,921) c Other Fund Revenues thru July Other Fund Expenditures thru July LL M N 70,000,000 25,000,000 N 21 60,000,000 20,000,000 50,000,000 m 40,000,000 15,000,000 E ■2021 ■2021 v 30,000,000 p 2022 10,000,000 0 2022 +� 20,000,000 Q u 2023 5,000,000 W 2023 10,000,000 0 - 0 Special Enterprise Internal Special Enterprise Internal Revenue Funds Service Funds Revenue Funds Service Funds Funds Funds Page 14 of 14 Packet Pg. 89 4.F ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Targeted Residential Investment Program - Astro Park Townhomes Agreement - Authorize MOTION: I move to authorize the Mayor to sign a contract with Southworth Properties, LLC, providing an 8-year Multifamily Tax Exemption for the Astro Park Townhome development under the City's Targeted Residential Investment Program, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The Targeted Residential Investment Program provides an 8-year ad valorem property tax exemption for multifamily developments in our targeted residential areas (Downtown or Midway). Astro Park Townhomes has applied for a tax exemption consistent with the program criteria. City Council will need to provide authorization to move forward with this process. Multi Family Tax Exemption History: The Washington State Legislature passed "Taxation of New and Rehabilitated Multi-Unit Dwellings in Urban Centers" in 1995 to stimulate new residential opportunities in urban areas. Attracting residential growth to the downtown area is a core tenant in the City of Kent's Comprehensive Plan and Economic Development Plan. Use of the exemption has been common practice for development in the Puget Sound, including the City of Kent. The Multifamily Tax Exemption ordinance was originally adopted on May 1st, 2001 (Resolution No. 1586). When the program expired on June 30, 2019. City Council adopted a new program, renamed the Targeted Residential Investment Program on May 19, 2020 (Ordinance No. 4360). Project Overview: Astro Park Townhomes is a 7-unit townhome development proposed at 303 West Meeker Street in Downtown Kent. This development will replace a vacant building next to Maggie's on Meeker. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 90 4.F ATTACHMENTS: 1. DRAFT Multifamily Housing Property Tax Exemption Agreement (PDF) Packet Pg. 91 4.F.a L MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION c AGREEMENT y Q THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (hereinafter E "Agreement") is entered into on the last date signed below, by and between Southworth Properties LLC (hereinafter "Applicant"), and the CITY OF KENT, a a municipal corporation (hereinafter "City"). a� Recitals. N as c 1. Applicant has applied to City for an eight-year limited property tax — exemption as provided for in Chapter 84.14 RCW and Chapter 3.25, Kent City Code (' KCC") for multifamily residential housing located in the Downtown residential targeted area, as defined in KCC Section 3.25.020, and the Administrator of Economic and Community Development (hereinafter "Administrator") has approved the application; and 2 a� L 2. Applicant has submitted to City preliminary site plans and floor plans for new multifamily housing units to be constructed as part of a mixed-use project known as Astro Park Townhomes (hereinafter "Project") on property located at 303 W Meeker Street, Kent, Washington, and more fully described in Exhibit 1 attached hereto, (hereinafter "Property"); and E 3. Applicant is the owner of the Property; and a� a 4. City has determined that the Project will, if developed as proposed, satisfy o the requirements for a final certificate of tax exemption. a E a) NOW, THEREFORE, in consideration of the mutual promises herein, City and w Applicant do mutually agree as follows: X 1. Conditional Certificate of Acceptance of Tax Exemption a 0 L City agrees, upon execution of this Agreement, and subject to approval by a the City Council, to issue a conditional certificate of acceptance of tax exemption (hereinafter "Conditional Certificate"), which shall expire three (3) years from the � date of approval of this Agreement by the City Council, unless extended by the x° Administrator, or his or her designee, as provided in KCC Section 3.25.090. —>' T n: 2. Agreement to Construct Multifamily Housing_ a. Applicant agrees to construct the Project on the Property substantially as described in the site plans and floor plans on file with the City's Economic and Community Development Department as of the date of the City Council's approval o c Multifamily Housing Property Tax Page 1 of 10 E Exemption Agreement a a Packet Pg. 92 4.F.a Y of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such 0 construction provide fewer than four (4) new multifamily housing dwelling units N designed for permanent residential occupancy and at least fifty percent (50%) of a the space within the Project shall be intended for permanent residential occupancy. E L b. Applicant agrees to comply with all applicable zoning requirements, a land use regulations, and building and housing code requirements, including but not limited to the City's comprehensive plan, building, fire, housing, and zoning codes, downtown design review guidelines, multifamily design review, and mixed use N design review if applicable (hereinafter, collectively, "Development Regulations"). The project must comply with any other standards and guidelines adopted by the — City Council for the residential targeted area. Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate by the City pursuant to KCC Section 3.25.080, in no way constitutes approval of proposed improvements on the Property with respect to W applicable provisions of the City's Development Regulations or obligates the City to 2 approve proposed improvements to the Property. CU C. Applicant agrees that the Project will be completed within three (3) years from the date of approval of this Agreement by the Council, unless extended by the Administrator for cause as provided in KCC Section 3.25.090. r c a� 3. Requirements for Final Certificate of Tax Exemption. E a� L Applicant may, upon completion of the Project and upon issuance by City of a a temporary or permanent certificate of occupancy, request a final certificate of tax o exemption (hereinafter "Final Certificate"). The request shall be filed with the a Administrator, and be accompanied by the following: E x w a. A statement of expenditures made with respect to each multifamily X housing unit and the total expenditures made with respect to the entire Project and Property; a 0 b. A description of the completed work and a statement of qualification a for the multifamily housing property tax exemption; .N C. The total monthly rent, or total sale amount of each multifamily = housing unit rented or sold to date; 21 T d. A statement that the Project was completed within the required three- r (3) year period or any authorized extension, and documentation that the Project was completed in compliance with the terms of this Agreement; a W 0 r Multifamily Housing Property Tax Page 2 of 10 Exemption Agreement r a Packet Pg. 93 4.F.a Y e. Any further information that the Administrator deems necessary or useful, pursuant to Chapter 84.14 RCW or KCC Chapter 3.25, to evaluate the c Project's eligibility for the Final Certificate. N a 4. Agreement to Issue Final Certificate of Tax Exemption. E L City agrees to file a Final Certificate with the King County Assessor within a forty (40) days of submission by the Applicant of all materials required by paragraph 3 above, if Applicant has: E a. Successfully completed the Project in accordance with the terms of this Agreement and KCC Chapter 3.25; — 2 b. Filed a request for a Final Certificate with the Administrator and submitted the materials described in paragraph 3 above; o: C. Paid to City a fee in the amount of one thousand dollars ($1,000); and 2 a� L d. Met all other requirements provided in KCC Chapter 3.25 for issuance � of the Final Certificate. 5. Annual Certification and Report. r a� Within thirty (30) days after the first anniversary of the date City issued the E Final Certificate and each year thereafter for a period of eight (8) years, Applicant agrees to file a notarized declaration and annual report with the Administrator. The a report shall contain such information as required by RCW 84.14 and as the o Administrator may deem necessary or useful, and shall at a minimum include the a following: E x w a. A statement of the occupancy and vacancy of the multifamily housing X units during the twelve (12) months ending with the anniversary date; b. A certification that the multifamily housing units, Project, and Property c have not changed use since the date the City issued the Final Certificate; a C. A statement that the multifamily housing units, Project, and Property continue to be in compliance with this Agreement and the requirements of RCW = 84.14 and KCC Chapter 3.25; 21 T d. A description of any improvements or changes to the Project made r after the City issued the Final Certificate; 2 U- a o: 0 r c Multifamily Housing Property Tax Page 3 of 10 Exemption Agreement r a Packet Pg. 94 4.F.a e. The total monthly rent of each multifamily housing unit rented, or the total sale amount of each multifamily housing unit sold to an initial purchaser c during the twelve (12) months ending with the anniversary date; y Q f. A breakdown of the number, type, and specific multifamily housing units rented or sold during the twelve (12) months ending with the anniversary date; and o a g. Any additional information requested by the Administrator in order to meet any reporting requirements under RCW 84.14. E as 6. No Violations for Duration of Exemption. ` For the duration of the property tax exemption granted under KCC Chapter 3.25, Applicant agrees that the Project and the Property will have no violations of applicable zoning requirements, land use regulations, building code requirements or fire code requirements, for which the applicable code enforcement officer, pursuant to KCC Chapter 1.04, shall have issued a correction notice, a notice of violation, or other notification that is not resolved by a voluntary correction agreement, certificate of compliance, certificate of release, withdrawal or other method that proves either compliance or that no violation existed, within the time period for compliance, if any, provided in such notice of violation, citation or other notification or any extension of the time period for compliance granted by the code enforcement officer. E a� L 7. Notification of Transfer of Interest or Change in Use. a c Applicant agrees to notify the Administrator within thirty (30) days of any a transfer of Applicant's ownership interest in the Project, the Property or any E improvements made to the Property. Applicant further agrees to notify the x w Administrator and the King County Assessor in writing within sixty (60) days of any X change of use of any or all of the multifamily housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, c interest, and penalties pursuant to state law. a a� 8. Cancellation of Exemption - Appeal. 0 x a. The City reserves the right to cancel the tax exemption and revoke the >, Final Certificate if, at any time, the Administrator determines that the multifamily E housing units, the Project, or the Property no longer complies with the terms of this Agreement or with the requirements of KCC Chapter 3.25.040, or for any other reason no longer qualifies for a property tax exemption. U- a 0 c Multifamily Housing Property Tax Page 4 of 10 Exemption Agreement a Packet Pg. 95 4.F.a b. If the property tax exemption is canceled for non-compliance, Applicant acknowledges that state law requires that an additional real property tax c be imposed in the amount of: (1) the difference between the property tax paid and y the property tax that would have been paid if it had included the value of the Q nonqualifying improvements, dated back to the date that the improvements E became nonqualifying; (2) a penalty of twenty percent (20%) of the difference calculated under (1) of this subsection b; and (3) interest at the statutory rate a charged on delinquent property taxes, calculated from the last date the tax could have been paid without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW. Applicant acknowledges N that, pursuant to RCW 84.14.110, any additional tax owed, together with interest c and penalty, shall become a lien on the Property and attach at the time the — Property or portion of the Property is removed from multifamily housing use, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. a� C. Upon determining that the tax exemption is to be canceled, the Administrator shall notify the Applicant, along with any other owner of record, by certified mail, return receipt requested. The Applicant may appeal the determination in accordance with RCW 84.14.110 and KCC Section 3.25.130.13. E 9. Amendments. a� a No modification of this Agreement shall be made unless mutually agreed o upon by the parties in writing and unless in compliance with the provisions of KCC a Section 3.25.080.E, including but not limited to Applicant's payment of a five E hundred dollars ($500) contract amendment fee. w x M 10. Binding Effect. ;, a� The provisions, covenants, and conditions contained in this Agreement are c binding upon the parties hereto and their legal heirs, representatives, successors, a assigns, and subsidiaries, and are intended to run with the land. .N 11. Recording of Agreement. x° 21 The Administrator shall cause this Agreement to be recorded, at Applicant's expense, in the real property records of the King County Recorder, along with any other documents as will identify such terms and conditions of eligibility for 2 exemption as the Administrator deems appropriate for recording. a 0 c Multifamily Housing Property Tax Page 5 of 10 Exemption Agreement a Packet Pg. 96 4.F.a 12. Audits and Inspection of Records. a 0 Applicant understands and agrees that City has the right to audit or review y appropriate records to assure compliance with this Agreement and to perform Q evaluations of the effectiveness of the multifamily housing property tax exemption E program. Applicant agrees to make appropriate records available for review or audit upon seven (7) days' written notice by City. Any refusal by Applicant to provide a such records to City may be grounds for cancellation of the tax exemption. a� 13. Notices. E All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business hours, when actually received by e-mail, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. W a� a� L APPLICANT: ti M a+ C a) Phone: Email: E Attention: a� a CITY: City of Kent o Economic and Community Development a 220 Fourth Avenue South E a) Kent, WA 98032 w Phone: (253) 856-5454 Email: Planning@KentWA.Gov X Attention: Planning Department a� 14. Severability. c L a. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement that can ; be given effect without the conflicting terms or clause, and to this end, the terms of = the Agreement are declared to be severable. 21 T IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. 2 U_ a 0 c Multifamily Housing Property Tax Page 6 of 10 Exemption Agreement ns a Packet Pg. 97 4.F.a L CITY OF KENT APPLICANT: 0 L Y N Q E By: By: Its: Its: 0 Date: Date: a c as E as c c a� as a� r a� a� L ti M a+ C d E N N L Q 0 Y Q E 0 X W x m a 0 L 9L .N 0 C� C Q Multifamily Housing Property Tax Page 7 of 10 Exemption Agreement Q Packet Pg. 98 4.F.a STATE OF WASHINGTON ) ss. c COUNTY OF KING ) y Q I certify that I know or have satisfactory evidence that XXX is the person who E appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged ° it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. E Dated: > a� -Notary Seal Must Appear Within This Box- U) d' IN WITNESS WHEREOF, I have hereunto set my hand and official seal a the day and year first above written. L ti M (Signature) NOTARY PUBLIC, in and for the State E of Washington, residing at a My appointment expires a c 0 a E am x w x m a 0 L a. .N 0 21 T C� C Q Multifamily Housing Property Tax Page 8 of 10 E Exemption Agreement a Packet Pg. 99 4.F.a STATE OF WASHINGTONa. ) ss. 0 0 COUNTY OF KING ) y Q I certify that I know or have satisfactory evidence that E is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and ° voluntary act for the uses and purposes mentioned in the instrument. a a� Dated: N -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the N day and year first above written. a� a� L (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires E a� L Q 0 P:\Civil\Files\Open Files\0648-Economic-CD-General 2011\Multi-Family Housing Property Tax Exemption Agreement Template.doc }, 0- E d K W x m a 0 L a. .N 0 21 T C� C Q Multifamily Housing Property Tax Page 9 of 10 Exemption Agreement a Packet Pg. 100 4.F.a L a. 0 L Y N MULTIFAMILY HOUSING PROPERTY a L 0 L TAX EXEMPTION AGREEMENT a c EXHIBIT 1 E LEGAL DESCRIPTION c c a� as as r as a� L ti M a+ C d N N L Q 0 Y Q E a) X W x m a 0 L a. .N 0 C� C Q Multifamily Housing Property Tax Page 10 of 10 Exemption Agreement a Packet Pg. 101 4.G ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Appointment to the Kent Special Events Public Facilities District Board - Appoint MOTION: I move to appoint Zenovia Harris to the Kent Special Events Public Facilities District Board for an initial first term of 4 years from September 1, 2023 - August 31, 2024. SUMMARY: In May, 2020, Council appointed Zenovia Harris to fill the vacated Position No. 5 on the Kent Special Events Public Facilities District Board for a term that expired on August 31, 2023. This term was not considered an official first full term, so Harris is eligible to serve an official first term for the period of September 1, 2023 - August 31, 2027. Harris has served as the Chair of the Kent Special Events Public Facilities District Board since 2022 and has expressed a desire to continue serving on the Board. Under Kent City code, KCC 2.63.020(A), board members are appointed by the Kent City Council. Harris was appointed as the Chief Executive Officer for the Kent Chamber of Commerce, becoming the first African American CEO to lead the chamber in its 70+years. Her role serves as the spokesperson for the business community in the 6th largest city in the state which was ranked top 10 in the most diverse cities in America according to Wallet hub. Harris is a Certified Diversity Professional ("CCDP") who serves as the President for the Washington Diversity Council Advisory Board. In the last decade she has worked in higher education, sales and marketing and has owned her own businesses. Harris knows how diversity and inclusion can impact an organization bottom line and culture. She was recently awarded the "Diversity Spirit Achievement Award" from City Career Fair productions for her active support of Diversity in the community and workplace. Harris is a dynamic leader and known for her tenacity and ability to create thriving work cultures that are inclusive, innovative and results driven. Packet Pg. 102 4.G Along with her CDP, Harris holds a bachelor's degree in business management, a master's in Public Administration, a real estate brokers license and a signing notary certification with the National Notary Association. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 103 4.H PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASH I N G T O N Kent, WA 98032 253-856-5100 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Home Repair Senior AC Unit Purchase - Ratify MOTION: I move to ratify the purchase of 372 portable AC units in the amount of $198,601.46. SUMMARY: On June 6, 2023, Council authorized the Mayor to sign a Grant Agreement between the Parks Human Services Division and King County Adult Services Division in the amount of $250,000 from the King County Veterans and Human Services Levy to assist low-income Kent seniors with portable air conditioning units. These are one-time funds that are not expected to renew at the end of the contract period on December 31, 2023. The contract was signed by the Mayor on June 22nd, 2023. Human Services Division staff then moved forward with an initial purchase of 186 air conditioning units with Home Depot for $99,300.73 prior to opening the application process to residents on July 24t", 2023. The program received an overwhelming number of applications (approximately 1,000) through the open application period, which ended on August 4t", 2023. Staff was preparing to move forward with the Council approval process to secure a second batch of units when high temperatures throughout the region began to contribute to a rapidly diminishing inventory of the AC units. In June 2023, there were over 3,400 units available at Home Depot and by the first week of August this number had dropped to 340. Due to the inventory concerns and continuing high temperatures, the Human Services Division asked the Mayor to sign a purchase order for the purchase of an additional 186 additional units for an additional $99,300.73 on August 9t", 2023. This guaranteed the division's ability to purchase the maximum number of air conditioning units the levy would be able to fund and allowed staff to begin efforts to distribute them as quickly as possible. The total amount expended purchasing the portable air conditioning units for this project was $198,601.46. BUDGET IMPACT: No Budget impacts. Funding for this short-term project is provided entirely from King County Veterans, Seniors, and Human Services Levy. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 104 4.H 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. HHS-Home Depot-AC Units-Exhibit A (PDF) 2. HHS-Home Depot-AC Units-Exhibit B (PDF) Packet Pg. 105 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • Dir/Dep: For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Brittany Levens Parks, Recreation & Community Services Date Sent: Date Required: , � 06/20/2023 ASAP M o � C. Authorized to Sign: Date of Council Approval: N QMayor or Designee M L Budqet Account Number: Grant? Yesw] Now] a H00085.63180.6001 Budget?❑Yes ONO Type: N/A V Q L Vendor Name: Category: g The Home Depot Contract CO) L Vendor Number: Sub-Category: C = 36409 Original 4-0 Project Name: Portable AC Units for Seniors x° N c Project Details: Quote for purchase of 186 Whynter 14k air conditioning units for Home M = Repair Senior AC Unit Distribution Program ., Agreement Amount: $99,300.73 Basis for Selection of Contractor: Other w E *Memo to Mayor must be attached y i Start Date: Upon contract execution Termination Date: a1 � Q Local Business? Yes W]No*If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Q Business License Verification: Exempt(KCC 5.01.045) Authorized Signer Verified Q Yes�ln-Process� d G Notice required prior to disclosure? Contract Number: Yes W1 No CAG2023-365 0 x y Comments: _ 2 Memo requesting exception to procurement requirements included. as i E 3 � f0 a1 to _ = a a� 3 0 a, Inc Date Received:City Attorney: 6/20/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements Y Packet Pg. 106 M4.H.a � Customer Invoice Sales Person AU6081 Store Phone#(253)852-1017 ►� l 6115/2023,6:38 AM PDT Store#4722 Location 26120 104TH AVENUE SE, KENT,WA 98030 Validation Area Customer Information CITY OF KENT DARREL CITY OF KENT/PARKS/HOME REPAIR (253)856-5079 220 4TH AVE S DHAMMACK4KENTWA.GOV KENT,WA 98032 r R Invoice#H4722-196075 PO/Job Name Whynter Portable 14K AC/Dehumidifier w N CC /Remote L dl • Will Call Details Estimated Arrival Alternate Pickup Person Will Call Whynter 13 Days ? CITY OF KENT DARREL U Customer will be notified when order Q L is ready for pickup O d rA Item Description Model# SKU# Unit Price City Subtotal L Q 01 Whynter Whynter 14,000 BTU Portable Air Conditioner& 1005504716 S64-9.424-eaeA 186 S90.191.40 a) Dehumidifier w/Remote(115V(400 Sq Ft)ARC-14S ) S484.90/each d [QC:33768143) DISCOUNTS25.52 OFF EACH p 2 N ti M Q t X W to U Q r O a- O O 90 DAY RETURN POLICY.The Home Depot reserves the right to limit/deny returns.Please see the return policy sign in the stores for details. E O 2 Subtotal S94,938.12 Pro Xtra 2023 Pro Xtra Spend Pro Xtra Savings = = Member Statement(as of 06/14) $29,293.58 $167.00 .. Discounts -S4,746.72 Visit ProXtra:httos/lwww.homedecot com/c/Pro XIL - - - — — d Sales Tax S9,109.33 r, R r r Invoice Total $99,300.73 Q Invoice is only valid for today:Thursday,June 15 98010100647694 Page 1 of 1 1 We reserve the right to limit the quantities of merchandise sold to customers. Packet Pg. 107 No.H4722-1 The Home Depot Special Services Will Call/Direct Ship/Delivery Returns: E-xsept where proWbited bylaw, all returned SpeGial-9FdeF-A4eFGhandise iSSUbjeGt to a fifteen percent-f45%�rester-king fee. Custom made goods are net re4umable. �. CM(Jun 15 Will Call: The Home Depot Store will call the number provided on the invoice when your order is available. A Will Call held at the store for over thirty (30) days shall be subject to the abandoned property laws in your state. .Direct Ship: Direct Ship merchandise will be sent by the vendor and/or manufacturer to the address on the invoice. Delivery: The Home Depot shall arrange for its delivery agent to deliver the merchandise to the address identified on the invoice pursuant to the following terms and conditions: N Roads Notice: The delivery address must be accessible by vehicle over roads and bridges rated toCU handle up to and including (40) forty ton loads. If any portion of delivery agent's route must traverse a section of road that is not rated to handle a forty ton load or heavier, Customer will be responsible for a seeking a waiver, at Customer's expense, from the appropriate governmental authority. If Customer is unable to obtain a waiver, delivery service will not be available to the delivery address. Unattended Drop: If Customer will not be present to accept the delivery, and the delivery can a L be left unattended, please initial below: ° By initialing here, I authorize The Home Depot and its delivery agent to leave N the merchandise unattended following delivery, and I accept full responsibility for any resulting loss of, L or damage to, the merchandise. Outside Deliveries Only: If you are purchasing merchandise designated by The Home Depot for outside delivery only, your purchase does not include delivery of the merchandise beyond E curbside; however, additional services may be available to deliver the merchandise to a location = that you designate. In that event, you will be presented with the following waiver at the time of N delivery, which you must sign as a condition of receiving any additional delivery services: In consideration of the delivery of the merchandise that I purchased from The Home Depot ("Merchandise") to a location designated by me at my request, I, , on Q behalf of myself and my agents, successors, and assigns, hereby RELEASE AND FOREVER DISCHARGE, WITHOUT CONDITIONS, Home Depot U.S.A., Inc. and its w affiliates, employees, officers, directors, managers, agents, contractors and any other person working through or under it (hereinafter collectively "The Home Depot"), from any and all claims, causes of action, demands, liabilities, damages, costs and expenses, of D U every kind and nature, whether known or unknown, suspected or unsuspected, which exist Q now or in the future (hereinafter "Claims"), relating and/or arising out of the delivery of the a Merchandise. I FURTHER EXPRESSLY, FULLY, AND UNCONDITIONALLY ASSUME o ANY AND ALL RISKS AND FULL LIABILITY FOR ANY RESULTING PERSONAL INJURY, DAMAGE TO PROPERTY OR DAMAGE TO MERCHANDISE WHICH MAY o GIVE RISE TO CLAIMS AGAINST ME AND/OR THE HOME DEPOT. I HAVE FULLY Cn INFORMED MYSELF OF THE NATURE OF THE RISKS INHERENT IN THE DELIVERY = OF THE MERCHANDISE AND VOLUNTARILY AGREE TO ALLOW DELIVERY OF THE MERCHANDISE ONTO MY PREMISES. I HAVE CAREFULLY READ AND a COMPLETELY UNDERSTAND THIS RELEASE AND ASSUMPTION OF RISK FORM BEFORE SIGNING IT. This agreement shall become effective upon my signature and shall r be governed by the laws of the State of Georgia. a If you choose not to utilize additional delivery services beyond curbside delivery, you will not be required to sign the above waiver. Accepted by: x __ _ 0.6/15/2023_ Customer's Signature Date No.H4722-196075 Packet Pg. 108 4.H.a City of Kent - Home Depot - AC Units Final Audit Report 2023-06-15 Created: 2023-06-15 By: Phung Huynh(phuynh@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAoonR11pM5No39jvuJpWUZVXmSFUOSHCw r d N t "City of Kent - Home Depot - AC Units" History Document created by Phung Huynh (phuynh@kentwa.gov) 2023-06-15-6:59:10 PM GMT U Q L O Document emailed to courtney_mireles@homedepot.com for signature 2023-06-15-6:59:54 PM GMT N Email viewed by courtney_mireles@homedepot.com W m 2023-06-15-7:00:11 PM GMT E O 2 Signer courtney_mireles@homedepot.com entered name at signing as CM 0;; ti 2023-06-15-7:00:30 PM GMT M Q Document e-signed by CM (courtney_mireles@homedepot.com) Signature Date:2023-06-15-7:00:32 PM GMT-Time Source:server t K W Agreement completed. c 2023-06-15-7:00:32 PM GMT U Q r O Q O O E O 2 Cn 2 2 C d E L v R r Q Powered by Adobe KENT_ Acrobat Sign Packet Pg. 109 4.H.a CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES • Julie Parascondola, Director KENT 220 41 Avenue South W n s H i N c r o N Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5100 Memo To: Dana Ralph, Mayor as From: Julie Parascondola, Director CC: Merina Hanson, Human Services Manager Date: June 16, 2023 a c Re: Request for exception to procurement requirements for AC distribution program U a The City's Parks, Recreation, and Community Services (PRCS) Department requests an exception and L0 waiver to the bidding and procurement requirements under KCC 3.70.080 and KCC 3.70.110 for the purchase and distribution of portable Air Conditioning Units. Under section 3.70.080(D), for purchases N L where the estimated cost exceeds sixty-five thousand dollars ($65,000), the city shall publish notice Q calling for sealed bids at least one (1) time, and at least seven (7) calendar days prior to the last date upon which bids will be received, or such other reasonable time as the director may deem appropriate. E KCC 3.70.110(A) allows the mayor to waive bidding requirements for the purchase of services upon 0 a finding that the bidding requirements would otherwise not be practicable or in the City's best = interests under the circumstances. PRCS is requesting an exception of bidding requirements and ti authorization of waiver described above for the following reasons: On June 6, 2023, Council made a motion to authorize mayor signature on a contract between the a Parks Human Services Division and King County Adult Services Division in the amount of $250,000 -2 from the King County Veterans and Human Services Levy to assist low-income Kent seniors with w portable air conditioning units. These are one-time funds that are not expected to renew at the end u) of the contract period (December 31, 2023). Human Services is proposing to purchase 186 high c efficiency air conditioning units at a cost of $99,300.73 including Washington State sales tax. U a As we are heading into the hottest months of the year, we anticipate challenges in securing portable 0 AC units as they are in high demand and supply is diminishing. Given the short timeline to spend o these funds and the urgency to get units into the homes of our most vulnerable seniors as soon as possible, it is our belief that advertising and acquiring bids for this project will create additional barriers o that will delay timely deployment. x vh For these reasons, I respectfully request that you authorize this exception and ratify the waiver of = bidding requirements by signing below. a� Thank you for your consideration. r APPROVED: a -�Dajr\_ 06/22/2023 Mayor Dana Ralph Date Packet Pg. 110 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement g Routin Form DirAsst:N . V�w • For Approvals,Signatures and Records Management Dir/Dep NI147KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Phung Huynh for Merina Hanson Parks, Recreation & Community Services Date Sent: Date Required: ,5+ > 08/09/2023 8/9/2023 0 C. Authorized to Sign: Date of Council Approval: N a M Q Mayor or Designee t L Budget Account Number: Grant? Yes NoF,—/] a H00085.63180.6001 Budget? Yes ONo Type' N/A U ' Q L Vendor Name: Category: g The Home Depot Contract CO) L Vendor Number: Sub-Category: C 36409 Original d = 0 E Project Name: portable AC Units for Seniors X 1. Project Details: cm 0 Quote for purchase of 186 Whynter 14k air conditioning units for M Home Repair Senior AC Unit Distribution Program m _ Z Basis for Selection of Contractor: t Agreement $99,300.73 Other � E *Memo to Mayor must be attached W i Start Date: Upon contract execution Termination Date: Q � Local Business?❑Yes Fv—(]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. V Business License Verification: �Yes�In-Process❑Exempt(KCC 5.01.045) Authorized Signer Verified Q 0 Notice required prior to disclosure? Contract Number: G F—]YesF✓ No E 0 x Comments: y Per disussion with Mayor Ralph on 08/08/23 due to sudden supply shortage = L and pending high temperatures, staff requested and received approval to purchase remaining stock of A/C units from Home Depot ASAP. The E _ = program received overwhelming response from the community with over 'c\n� c 1,000 vulnerable seniors requesting A/C units to help cool their homes. a 3 cc .� S&�; L o"a (U ey a � Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office adccW223731_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Packet Pg. 111 4.H.b No.H4722-200670 The Home Depot Special Services �oct�the�Mi�eG�r Will Call/Direct Ship/Delivery Courtney Mireles Returns: 0 Will Call: The Home Depot Store will call the number provided on the invoice when your order is available. A Will Call held at the store for over thirty (30) days shall be subject to the abandoned property laws in your state. Direct Ship: Direct Ship merchandise will be sent by the vendor and/or manufacturer to the r address on the invoice. Delivery: The Home Depot shall arrange for its delivery agent to deliver the merchandise to the , address identified on the invoice pursuant to the following terms and conditions: Roads Notice: The delivery address must be accessible by vehicle over roads and bridges rated to handle up to and including (40) forty ton loads. If any portion of delivery agent's route must traverse a ; section of road that is not rated to handle a forty ton load or heavier, Customer will be responsible for a seeking a waiver, at Customer's expense, from the appropriate governmental authority. If Customer is unable to obtain a waiver, delivery service will not be available to the delivery address. Unattended Drop: If Customer will not be present to accept the delivery, and the delivery can Q L be left unattended, please initial below: ° By initialing here, I authorize The Home Depot and its delivery agent to leave in the merchandise unattended following delivery, and I accept full responsibility for any resulting loss of, L or damage to, the merchandise. �- Outside Deliveries Only: If you are purchasing merchandise designated by The Home Depot for outside delivery only, your purchase does not include delivery of the merchandise beyond curbside; however, additional services may be available to deliver the merchandise to a location x° that you designate. In that event, you will be presented with the following waiver at the time of N delivery, which you must sign as a condition of receiving any additional delivery services: In consideration of the delivery of the merchandise that I purchased from The Home Depot ("Merchandise") to a location designated by me at my request, I, , on m behalf of myself and my agents, successors, and assigns, hereby RELEASE AND FOREVER DISCHARGE, WITHOUT CONDITIONS, Home Depot U.S.A., Inc. and its x affiliates, employees, officers, directors, managers, agents, contractors and any other w person working through or under it (hereinafter collectively "The Home Depot"), from any and all claims, causes of action, demands, liabilities, damages, costs and expenses, of D every kind and nature, whether known or unknown, suspected or unsuspected, which exist Q now or in the future (hereinafter "Claims"), relating and/or arising out of the delivery of the Merchandise. I FURTHER EXPRESSLY, FULLY, AND UNCONDITIONALLY ASSUME ANY AND ALL RISKS AND FULL LIABILITY FOR ANY RESULTING PERSONAL o INJURY, DAMAGE TO PROPERTY OR DAMAGE TO MERCHANDISE WHICH MAY GIVE RISE TO CLAIMS AGAINST ME AND/OR THE HOME DEPOT. I HAVE FULLY x° INFORMED MYSELF OF THE NATURE OF THE RISKS INHERENT IN THE DELIVERY Ch OF THE MERCHANDISE AND VOLUNTARILY AGREE TO ALLOW DELIVERY OF THE _ MERCHANDISE ONTO MY PREMISES. I HAVE CAREFULLY READ AND COMPLETELY UNDERSTAND THIS RELEASE AND ASSUMPTION OF RISK FORM BEFORE SIGNING IT. This agreement shall become effective upon my signature and shall be governed by the laws of the State of Georgia. If you choose not to utilize additional delivery services beyond curbside delivery, you will not be a required to sign the above waiver. Accepted by: X 08/09/2023 Customer's Signatu Date No.H4722-200670 Packet Pg. 112 4.H.b Returns for items purchased at a The Home Depot Store: OUR STORE RETURN POLICY N Our Store Return Policy Basics L Returns within 90 days of purchase and with a valid sales receipt will be exchanged, refunded in a cash, credited to your account or refunded via The Home Depot store credit. U Return and Product Exceptions Q L • Purchases made with store credit, gift certificates and Gift Cards will be refunded as store e credit. Store credits cannot be used to purchase Gift Cards. • Gasoline-powered equipment may be returned within 30 days of purchase with a valid sales N receipt. After 30 days, item may be sent out for repair at the customer's expense,unless covered Coctyth2�MiYeGe r under warranty. CM , , z ozni Por • ° , E rector inn fee Qee SPOGi l Cervices Desk at our y ler. ore l St for details, O � 2 • Cash and cash equivalent purchases,exceeding $1,000, may be refunded as mail check. •• N Checks are mailed from The Home Depot's Store Support Center in Atlanta, GA. • Receipts for purchases made with credit, debit or check within the last 90 days may be located in our system. Ask a store associate about receipt look up. 00 • The Home Depot reserves the right to limit or refuse to accept the return of merchandise at any time and for any reason. w • Items purchased at The Home Depot U.S.,The Home Depot Canada or The Home Depot Mexico may not be returned across borders. • Returns of merchandise after 90 days in Massachusetts and Connecticut,and after 120 days in Rhode Island from the date of original purchase with a receipt: Sales tax will NOT be refunded. Q Customers will be issued credit for the purchase price of the item(s) only.NOTE: Even a exchanges of merchandise are not affected by this rule. o • Customer Agreement purchases must be returned to the same store location where originally purchased. o • Sorry, Returns Not Available on the Following Products: Custom made products and custom Cn tinted paint, utility trailers, Gift Cards,Gift Certificates and Store Credits. _ x c a� E U r r a Packet Pg. 113 4.H.b ��,�t1C�.,t�t Customer Invoice Sales Person AUB081 Store Phone#(253)852-1017 ►Y,ae 8/08/2023,12:42 PM PDT Store If 4722 Location 26120 104TH AVENUE SE,KENT,WA 98030 Validation Area Customer Information CITY OF KENT DARREL CITY OF KENT/PARKS/HOME REPAIR (253)856-5079 220 4TH AVE S r DHAMMACK@KENTWA.GOV KENT,WA 98032 Invoice#H4722-200670 PO/Job Name ARC-14s Whynter 212 U) t L .+y�. 11VIIl Call � Will Call Details Estimated Arrival Alternate Pickup Person Whynter 13 Days CITY OF KENT DARREL Customer will be notified when order U is ready for pickup Q L O Item Description Model If SKU# Unit Price Qty Subtotal N N L 01 Whynter Whynter 14,000 BTU Portable Air Conditioner& 1005504716 $610.42 f eaeh 62 $30,063.80 Dehumidifier w/Remote(115V(400 Sq Ft)ARC-14S) S484.90/each [QC:34756334] W*DISCOUNT$25.52 OFF EACH d E O 2 .y. Will Call Will Call Details I'j Estimated Arrival Alternate Pickup Person N Whynter 13 Days CITY OF KENT DARREL ti Customer will be notified when order is ready for pickup m Item Description Model# SKU# Unit Price Oty Subtotal t K 02 Whynter Whynter 14,000 BTU Portable Air Conditioner& 1005504716 S&10 494-eases 62 $30,063.80 W Dehumidifier w/Remote(115V(400 Sq Ft)ARC-14S) S484.90/each [QC:347563471 DISCOUNT$25.52 OFF EACH U a 0 Delivery Address PA Delivery Options ( Delivery Date �F Delivery 715 IN Smith St Outside Delivery Customer will be notified when Q y Kent,WA 98032 delivery is ready to be Q scheduled N E Item Description Model# SKU If Unit Price Oty Subtotal O 2 Ch 03 Whynter Whynter 14,000 BTU Portable Air Conditioner& 1005504716 66#8:424-eae4 62 S30,063.80 = Dehumidifier w/Remote(115V(400 Sq Ft)ARC-14S) S484.90/each = [QC:34755104] C W#DISCOUNT$25.52 OFF EACH d E t V R r Q Invoice is only valid for today:Wednesday,August 9 98010100652013 Page 1 of 2 1 We reserve the right to limit the quantities of merchandise sold to customers. Packet Pg. 114 4.H.b Customer Invoice Sales Person AU6081 Store Phone#(253)852-1017 ►`r+� 8/0812023, 12:42 PM PDT Store#4722 Location 26120 104TH AVENUE SE.KENT,WA 98030 Item Description Model# SKU# Unit Price oty Subtotal 04 Outside Delivery 515663 S;8$9� 1 $0.00 eash i MARKDOWN S79.00 OFF EACH S0.00/each r R d to R t v L U a L 0 L Q cd E 0 x N ti t0 M m a+ t K W to U a 0 a a� 90 DAY RETURN POLICY.The Home Depot reserves the right to limit/deny returns.Please see the return policy sign in the stores for delai Is. N j Subtotal $95,017.12 = Pro Xtra 2023 Pro Xtra Spend Pro Xtra Savings Member Statement(as of 08/08) $124,925.01 S4,993.50 j x Discounts -$4,825.72 x Visit ProXlra:hltosJ/ymw.homedeW.com/c/Pro_ C Sales Tax $9,109.33 E v Invoice Total $99,300.73 r r Invoice is only valid for today:Wednesday, August 9 98010100652013 Page 2 of 2 1 We reserve the right to limit the quantities of merchandise sold to customers. Packet Pg. 115 4.H.b Home Depot Agreement Final Audit Report 2023-08-09 Created: 2023-08-09 By: Phung Huynh(phuynh@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAANAw4BRtF2m-AKkNF5K7GptaWZDmdU16H d N t "Home Depot Agreement" History Document created by Phung Huynh (phuynh@kentwa.gov) 2023-08-09-4:35:12 PM GMT U a L O -'� Document emailed to courtney_mireles@homedepot.com for signature 2023-08-09-4:36:28 PM GMT (0 L Q Email viewed by courtney_mireles@homedepot.com 2023-08-09-4:42:09 PM GMT d E O Lyo Signer courtney_mireles@homedepot.com entered name at signing as Courtney Mireles N 2023-08-09-4:42:53 PM GMT ti m M 6�0 Document e-signed by Courtney Mireles (courtney_mireles@homedepot.com) m Signature Date:2023-08-09-4:42:55 PM GMT-Time Source:server t K W Q1 Agreement completed. u) 2023-08-09-4:42:55 PM GMT U a O a a� 0 a� E O x vh x x c m E U r r a Powered by Adobe ENT Acrobat Sign Packet Pg. 116 4.H.b Huynh, Phung From: Mireles, Courtney <COURTNEY_MIRELES@homedepot.com> Sent: Wednesday, August 9, 2023 9:50 AM To: Huynh, Phung Subject: Re: Home Depot Agreement between City of Kent, WA and Courtney Mireles is Signed and Filed! r R EXTERNAL EMAIL Hello Phung, L Q. I am the store manager at this location. c Thanks Q L 0 Courtney Mireles L Store Manager #4722 Q 26120 lo4th Ave SE, Kent, WA 98030 � (253) 852-1017 ext. 500 0 Cell: (253)5t8-8729 N ti t0 INTERNAL USE M m From: Huynh, Phung<PHuynh@kentwa.gov> Sent:Wednesday, August 9, 2023 9:44 AM w To: Mireles, Courtney<courtney_mireles@homedepot.com> u) Subject: [EXTERNAL] FW: Home Depot Agreement between City of Kent,WA and Courtney Mireles is Signed and Filed! U Hi Courtney, Q 0 a Can you confirm your job title for me? o a� E Thanks! 0 x v� Phung K. Huynh, Business and Operations Manager = x Administration ! Parks, Recreation &Community Services phuknh(caKentWA.aov m E t From:Adobe Sign <adobesign@adobesign.com> U r Sent: Wednesday, August 9, 2023 9:43 AM a To: Courtney Mireles<courtney_mireles@homedepot.com>; Huynh, Phung<PHuynh@kentwa.gov> Cc: prods_4722@homedepot.com Subject: Home Depot Agreement between City of Kent, WA and Courtney Mireles is Signed and Filed! Packet Pg. 117 4.H.b CITY OF K PARKS, RECREATION &COMMUNITY SERVICES Julie Parascondola, Director 220 4th Avenue South KEN T Kent, WA 98032 WASHINGTON Fax: 253-856-6050 PHONE: 253-856-5100 Memo To: Dana Ralph, Mayor From: Julie Parascondola, Director V) CC: Merina Hanson, Human Services Manager 2 Date: August 9t", 2023 a Re: Request for exception to procurement requirements for AC distribution program U The City's Parks, Recreation, and Community Services (PRCS) Department requests an exception and c waiver to the bidding and procurement requirements under KCC 3.70.080 and KCC 3.70.110 for the •2 purchase and distribution of portable Air Conditioning Units. Under section 3.70.080(D), for purchases in where the estimated cost exceeds sixty-five thousand dollars ($65,000), the city shall publish notice calling for sealed bids at least one (1) time, and at least seven (7) calendar days prior to the last date upon which bids will be received, or such other reasonable time as the director may deem appropriate. KCC 3.70.110(A) allows the mayor to waive bidding requirements for the purchase of services upon E a finding that the bidding requirements would otherwise not be practicable or in the City's best x° interests under the circumstances. PRCS is requesting an exception of bidding requirements and •• N authorization of waiver described above for the following reasons: M On June 6, 2023, Council made a motion to authorize mayor signature on a contract between the m Parks Human Services Division and King County Adult Services Division in the amount of $250,000 from the King County Veterans and Human Services Levy to assist low-income Kent seniors with x portable air conditioning units. These are one-time funds that are not expected to renew at the end W of the contract period (December 31, 2023). Human Services is proposing to purchase 186 high efficiency air conditioning units at a cost of $99,300.73 including Washington State sales tax. U As we are heading into the hottest months of the year, we anticipate challenges in securing portable Q AC units as they are in high demand and supply is diminishing. Given the short timeline to spend a these funds and the urgency to get units into the homes of our most vulnerable seniors as soon as o possible, it is our belief that advertising and acquiring bids for this project will create additional barriers that will delay timely deployment. ° Ch For these reasons, I respectfully request that you authorize this exception and ratify the waiver of bidding requirements by signing below. c a� Thank you for your consideration. E U APPROVED: r a C, Mayor Dana Ra Date Packet Pg. 118 4.1 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASH I N G T O N Kent, WA 98032 253-856-5100 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Washington State Recreation and Conservation Office Local Parks Maintenance Grant - Resolution Authorizing - Adopt MOTION: I move to adopt Resolution No. 2064, authorizing the signing and submittal of grant application #23-1552M to the Recreation and Conservation Office, to assist with the Lake Meridian Playground Surfacing Replacement. SUMMARY: This is one-time grant funding provided by the Washington State Recreation and Conservation Office (RCO) for Local Park Maintenance, which is a new category of funding. Staff is requesting authorization for electronic signature and grant submission in order to submit grant applications to RCO for the Lake Meridian Playground Surfacing Replacement project. This item is also scheduled on the City Council Consent agenda for this same day. If the motion does not pass unanimously, this item will be moved to Other Business on today's City Council agenda. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. RCO Grant Resolution - Park Maintenance (PDF) Packet Pg. 119 4.I.a r c �a ,L^ V V RESOLUTION NO. 2064 Y L a �a A RESOLUTION of the City Council of the J City of Kent, Washington, that: (1) authorizes the 0 submission of applications for grant funding assistance through the Recreation and Conservation N Office for Local Parks Maintenance Programs; and (2) identifies Parks personnel and/or the Mayor as N the City's authorized representatives for purposes of o securing the grant and binding the City to the grant's terms and conditions. Q 0 r RECITALS o a� A. The City of Kent ("City") is working on the Lake Meridian M Playground Renovation 23-1552M, PRISM Number 23-1552M. c �a c B. The City considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through Y L the Washington Recreation and Conservation Office to aid in financing the a cost of those projects. c .2 3 O N O NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: O U r c O E t 1 Recreation & Conservation Office Grants Q Lake Meridian Playground Renovation 23-1552M Packet Pg. 120 4.I.a RESOLUTION r c SECTION 1. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office ("Office") for the Lake Meridian Playground Renovation r c 23-1552M ("Project"). Y L SECTION 2. - Authorized Representatives. The City authorizes the a �a following person or persons holding specified titles/positions (and J subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: N a� Name N of Signatory or of L PersonGrant Document • • to • r 3 Grant application submission thereof Dana Ralph, Mayor a Project contact (day-to-day administering Kerry O'Connor, Park Planner g r of the grant and communicating with the ' RCO) �°�, Agreement/amendment Approver Terry Jungman, Park Planning and Development Manage RCO Grant Agreement Signer Dana Ralph, Mayor M Agreement Amendments Signer Julie Parascondola, Parks Director �a The above persons are considered an "authorized 2 representative(s)/agent(s)" for purposes of the documents indicated. The Y City shall comply with a request from the RCO to provide updated a documentation of authorized signers, if needed. 0 w 3 O SECTION 3. - Leciai Authoritx. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized L representative(s)/agent(s) identified above have full legal authority to act and 0 sign on behalf of the City for their assigned role/document. r c a� E 2 Recreation & Conservation Office Grants Q Lake Meridian Playground Renovation 23-1552M Packet Pg. 121 4.I.a SECTION 4. - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with the Office is purely r c voluntary on the City's part. c SECTION 5. - Varying Policies and Requirements. The City r c understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the a �a City. 0 SECTION 6. - Allowable Costs. Any grant assistance received will be U W used for only direct eligible and allowable costs that are reasonable and N necessary to implement the project(s) referenced above. N L 0 SECTION 7. - Maintenance of Local Park Proper . The City a ty acknowledges that the grant will only be used for maintenance of local park o r property owned by the City. 0 a� SECTION S. - Resolution a Part of Application. This resolution is M deemed to be part of the formal grant application to the Office. �a SECTION 9. - Certification. The City warrants and certifies that this c resolution was properly and lawfully adopted following the requirements of Y L the City and applicable laws and policies, and that the City has full legal a authority to commit itself to the warranties, certifications, promises and c w obligations set forth herein. 3 0 a� c ,L^ V 0 U r c E t 3 Recreation & Conservation Office Grants Q Lake Meridian Playground Renovation 23-1552M Packet Pg. 122 4.I.a SECTION 10. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. c a� r c September 5, 2023 DANA RALPH, MAYOR Date Approved (L ra U 0 J ATTEST: 0 U N September 5, 2023 0) KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N L 0 3 APPROVED AS TO FORM: a c 0 r 0 m TAMMY WHITE, CITY ATTORNEY M d V C C O r C Y L O 3 O N O C R ,L^ V 0 U r c O E t U 4 Recreation & Conservation Office Grants Q Lake Meridian Playground Renovation 23-1552M Packet Pg. 123 4.J PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPPO, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Easement to Lake Meridian Water District for Backwash Tank at Sun Meadows Park — Authorize MOTION: I move to authorize the Mayor to sign the Easement Agreement with the Lake Meridian Water District in the amount of $2,250.81 to the City, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated King County. The City of Kent annexed the area in 1996, and the park property was formally conveyed from King County to the City of Kent in 1999. At the time of conveyance, Water District #111, now legally known as Lake Meridian Water District (District), owned and operated a municipal water well identified as Well #6 and a water treatment building on the park property, which were and continue to be an integral part of the water utility's service infrastructure. On May 4, 2021, the Kent City Council authorized easements related to the ongoing operation of Well #6 granting the District a permanent easement over property included within Sun Meadows Park to allow the District to continue to maintain and operate its existing well, to drill and construct a second well and associated infrastructure, and to continue maintenance and operation of its facilities within Sun Meadows Park. The new well was necessitated by the failing Well #6 and was necessary to maintain a safe, adequate water supply for nearby residents. This new easement agreement incorporates the area of the previously executed easement and adds a new easement area related to a backwash tank being added to the existing pump house on the south end of Sun Meadows Park. This backwash tank necessitates a modest expansion into the park, resulting in additional 843 square feet of permanent easement. As compensation for providing this additional easement, the City will receive $2,250.81 from the District based on an appraised value of $2.67 per square foot. Funding will be used for improvements to Sun Meadows Park to be incorporated into a future parks capital project. The proposed easements have been incorporated into a park site plan so that future improvements will not conflict with the granted easements. Packet Pg. 124 4.J BUDGET IMPACT: Additional, unbudgeted revenue of $2,250.81. SUPPORTS STRATEGIC PLAN GOAL: Evolvin4 Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. PPD_LMWD - Sun Meadows Easement - ExhibitA (PDF) 2. PPD_LMWD - Sun Meadows Easement - ExhibitB (DOCX) Packet Pg. 125 4.J.a EASEMENT AGREEMENT AND 3 DECLARATION OF PROTECTIVE COVENANTS 2 cc THIS EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE COVENANTS (this "Agreement"), made and entered into effective as of the later of the N signature dates below (the "Effective Date"), is by and between the CITY OF KENT, a 3 Washington municipal corporation (herein "City" or"Grantor") and LAKE MERIDIAN WATER DISTRICT, a Washington special purpose municipal corporation (herein"District" or m "Grantee") (individually a"Party" and collectively the "Parties"). ,o V RECITALS: y 0 L A. City is successor-in-interest to King County, Washington (the"County") as owner 2 of the real property commonly known as Sun Meadows Park and legally described on Exhibit A attached hereto (the "Property"). L B. Pursuant to Title 57 RCW, District supplies potable water to customers within its boundaries through a public water system. District's public water system is comprised of source Y wells, storage and treatment facilities, and distribution mains. 0 C. Pursuant to Permit Number FS-14-85 issued on May 17, 1985 (the "Permit"), including its Terms and Conditions, Special Provisions, and Declaration of Covenant Running E With the Land, the County authorized District (f/k/a"King County Water District No. I I I")to construct, operate, and maintain a well for public water supply on the Property. By its express w terms, the Permit expired automatically after five (5)years, unless renewed, and the Parties have identified no agreements renewing the Permit. M D. In accordance with the Permit, District constructed a well ("Well#6"), connecting pipelines, and a water treatment facility (the "Treatment Building") on the Property in the w locations depicted on Exhibit B attached hereto (the "Existing Improvements"). Following the , City's acquisition of the Property from the County in 1999, the District obtained City permit and land use approval for significant improvements to the Treatment Building, which were thereafter made by District. The Existing Improvements have been continuously used and operated by the District and are essential for the District's supply of potable water to its customers. y 3 0 E. Well #6 is failing, and a replacement well (the "New Well") has been drilled but still needs to be installed and constructed on the Property, for incorporation into District's water supply system. Without limitation of District's continuing use of Well#6 for water withdrawal if necessary to maximize District's water rights and supply, District intends to use existing Well#6 as a monitoring well when the New Well has been constructed and is operational. F. On March 8, 2022, the Parties recorded an executed Easement Agreement and of Declaration of Protective Covenants (the "First Easement Agreement") with the King County a- Recorder's Office, Instrument# 20220308001054, in order to grant the District a permanent c as -1- E z 10688564.5-049361-0134 r a Packet Pg. 126 4.J.a easement for the Existing Improvements, as well as for the New Well, for an eight-inch 3 connecting line between the New Well and the Treatment Building (the"New Well Connecting W Line"), and for an eight-inch connecting line from Well#6 to the New Well Line (the "Well 6 = Connecting Line") (collectively, the "Additional Improvements"). z G. This First Easement Agreement also granted the District a temporary construction 3 easement for District's construction and installation of the Additional Improvements, as well as confirming and setting forth certain protections required for the District's operation of its m facilities and improvements on the Property, including sanitary control areas necessary to keep ,o water supplied by District from the Property free from impurities that might be injurious to the public health. y 0 L H. The Parties desire to modify the area of the permanent easement granted to the 2 District in the First Easement Agreement by replacing the First Easement Agreement with this c Agreement. 2 L NOW, THEREFORE, in consideration of the terms and conditions hereof and other good and valuable consideration, the receipt and sufficiency of which the Parties mutually Y acknowledge, the Parties agree as follows. 0 1. Termination and Replacement of Existing Easement Agreement. The Parties agree that the First Easement Agreement shall terminate upon execution of this Agreement. This E Agreement shall replace the First Easement Agreement in its entirety. w 2. Permanent Easement for Existing and Additional Improvements. City, as Grantor, hereby grants and conveys to District, as Grantee, a permanent easement (the "Permanent M Easement") on, over, and under that portion of the Property legally described on Exhibit C attached hereto and depicted on Exhibit C-1 attached hereto (the "Permanent Easement Area") for the below stated purposes. All connecting pipelines must be installed by the District at least w two (2) feet below the surface of the land within the Permanent Easement Area so as to avoid , interference with the City's installation, maintenance, or repair of an irrigation system. The Permanent Easement shall be nonexclusive with respect to the District, except as expressly stated E otherwise in this Agreement. The following are the existing and additional improvements contemplated under this Agreement: y 3 0 2.1 Well #6: for operating, inspecting, maintaining, and repairing Well #6 and all appurtenances thereto; c 2.2 Treatment Building: for operating, inspecting, maintaining, and repairing the Treatment Building and all appurtenances thereto; 2.3 New Well: for locating, drilling, installing, constructing, operating, DI inspecting, maintaining, and repairing the New Well, the New Well's building structures, and all a- appurtenances thereto; c as -2- E z 10688564.5-049361-0134 r a Packet Pg. 127 4.J.a c 2.4 New Well Connecting Line: for laying, constructing, installing, operating, inspecting, maintaining, and repairing the New Well Connecting Line between the New Well = and the Treatment Building; and 2.5 Well #6 Connecting Line: for laying, installing, operating, inspecting, 3 maintaining, and repairing the Well#6 Connecting Line between Well#6 and the New Well Connecting Line. m L 0 2.6. Backwash Tank Expansion: for constructing, installing, operating, 2 inspecting, maintaining, and repairing the Backwash Tank Expansion and all appurtenances y thereto. o L d Any replacement of the District's Existing Improvements or Additional Improvements will require the good faith cooperation between the City and the District to: (i) ensure the City is sufficiently compensated for any expansion or intensification of the District's use of the Property :2 L or the Permanent Easement, and(ii) mitigate the impact the District's expanded or intensified use has to other users of the Property, including the City's use of the Property, which may Y necessitate a revision to this Agreement or the easement rights conveyed herein to the District. For avoidance of doubt, however, the provisions of this paragraph do not apply to any expansion o of the north side of the Treatment Building up to and including to the north wall of the existing underground Backwash Tank located beneath the concrete slab on the north side of the building, E if District determines such expansion is reasonably required for telemetry, upgraded power, and piping in support of the New Well. The north wall of the existing underground Backwash Tank w lies approximately 16 feet from the north wall of the Treatment Building. �o M The Permanent Easement includes the non-exclusive right of ingress and egress for all of the foregoing purposes. The Permanent Easement shall be exclusive to District only with respect to the footprint of its constructed facilities, such as the width of installed connecting pipelines w within the subsurface of the Permanent Easement Area, the area within the foundation of the Treatment Building, including the existing Backwash Tank, the Backwash Tank Expansion, and the building's primary structure, and the area within the diameter of its constructed wells and their associated pump houses/building structures. However, this exclusivity does not include the area within the Sanitary Control Areas, nor does it prohibit the City or other authorized users from using the surface or subsurface area within the Permanent Easement Area for other o purposes, including installation, maintenance, repair, and use of an irrigation system or recreational amenities. The purpose of the limited exclusivity granted to the District by this section is that neither the City nor other users will access the District's Treatment Building, the wells' pump houses or building structures, the area within the wells themselves, or the same trench that holds the District's well connecting lines. 3. Temporary Construction Easement. In addition to the foregoing Permanent of Easement, City, as Grantor, hereby grants and conveys to District, its agents, employees, a- contractors, consultants, and permittees, as Grantee, a temporary construction easement(the c as -3- E 10688564.5-049361-0134 r a Packet Pg. 128 4.J.a "TCE") on, over, across, and through that portion of the Property legally described on Exhibit D 3 and depicted on Exhibit D-1 attached hereto (the "TCE Area") for any and all purposes relating to or for(a) designing, drilling, installing, and constructing the New Well, the New Well's = building structures, and related appurtenances, (b) designing, laying and installing the New Well Connecting Line, the Well#6 Connecting Line, and the Backwash Tank Expansion, and(c) N staging and storage of materials and equipment used in connection with the foregoing work. The 3 TCE shall include rights of ingress and egress for such studies, tests, surveys, and examinations reasonably required for performance of the foregoing work. District shall have the right to install CO temporary fencing around all or any portion of the TCE Area. ,o 2 Should the District require use of the Property outside of the Permanent Easement Area y to conduct future maintenance or repair work on the Existing Improvements or the Additional o L Improvements once initially constructed, the parties agree to negotiate in good faith the terms of °' any future Temporary Construction Easement or license that may be required to authorize that temporary use. L 4. Duration of TCE. The TCE shall commence on the Effective Date and shall automatically terminate and expire upon the earlier of(a) issuance of a permit by the Washington Y State Department of Health and/or receipt by District of approval from the Department of Ecology and/or any other governmental approvals necessary for the use and operation of the New Well, or(b)the date that is eighteen(18) months after the Effective Date,unless extended by mutual agreement of the Parties. E 5. Construction of, or Maintenance and Repairs to, the Improvements. w c� ti 5.1 Compliance With Laws. District shall construct, maintain, and repair the M Additional Improvements in a workmanlike manner and in compliance with applicable statutes, ordinances, rules, and regulations of all governing authorities. x 5.2 Approval of Construction Plans. w c as 5.2.1 Existing Improvements. Within 30 calendar days after the date E this Agreement is fully signed, the District shall provide City with existing documentation in the District's records that identifies the location, to the extent documented, of the depth and y horizontal location of the District's Existing Improvements on the Property. The City agrees to 0 protect those records from further dissemination as may be authorized under state public disclosure laws. c 5.2.2 Approval of Construction Drawings for Additional Improvements. Before constructing the Additional Improvements provided for by this Agreement, the District shall provide a copy of its final construction drawings to the City for the City's approval, which approval shall not be unreasonably withheld. If the City fails to advise the District of any of concerns related to those final construction drawings within 30 calendar days of their receipt by a the City, the final construction drawings shall be deemed approved. If the City advises the c as -4- E z 10688564.5-049361-0134 r a Packet Pg. 129 4.J.a District of concerns within the time required by this section, the City and the District will 3 negotiate in good faith to resolve those concerns in a manner acceptable to both the City and the 2 District. The District agrees to construct the Additional Improvements consistent with the �e approved final construction drawings and applicable building codes,permits, and regulations. z 5.2.3 As-Builts for Additional Improvements. Within 60 calendar days 3 after completion of the construction of the Additional Improvements, the District shall provide the City with final as-built drawings that show the actual physical location and construction of CO the District's Additional Improvements on the Property. ,o V 5.2.4 Coordination of Future Maintenance or Repairs. District agrees to y notify City before undertaking any future maintenance or repairs on the Existing Improvements o L or the Additional Improvements that would require disruption of the surface of the Property within the Permanent Easement Area, and, except in the case of any emergency maintenance or repairs, shall use good faith efforts to coordinate scheduling of the maintenance and repair work so as to mitigate the impact that work may have to other users of the Property, including the L City's use of the Property, while nevertheless completing the work to be performed. as 5.3 Restoration. Should any work the District undertakes on the Property in exercising its rights under this Agreement, either within the Permanent Easement, within any o TCE Area, or within any other part of the Property, damage or disrupt the surface of the Property, the City's Recreational Elements, the City's irrigation system or other facilities, or E other users' facilities, (collectively, "Property and Facilities"), the District shall restore the Property and Facilities, at the District's sole cost, to substantially the same condition in which it existed prior to commencement of such activities. �o M 6. Insurance. District shall at all times during the existence of the easements described herein maintain a policy of commercial general liability insurance insuring, on an occurrence basis, against any and all claims or causes of action for death, bodily injury, or w property damage resulting from the negligence of District or any of District's employees, agents, , contractors, or subcontractors, with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and not less than Three Million Dollars ($3,000,000.00) annual aggregate. The E City of Kent shall be named as an additional insured on the District's policy of commercial general liability insurance with respect to this Agreement. Upon City's request, District shall y provide City with proof of insurance evidencing District's compliance with the foregoing o provisions of this Section 6. 7. Declaration of Protective Covenants. City covenants and agrees that the City, its successors and assigns, will not construct, maintain, or suffer to be constructed or maintained within one hundred feet (100') of Well#6 or within one hundred feet (100') of the New Well, as such radii are legally described on Exhibit E attached hereto and depicted on Exhibit E-1 attached hereto (the "Sanitary Control Areas") any potential source of contamination, such as of cesspools, privies, septic tanks, drainfields, sewer lines, manure piles, underground storage tanks, a roads, railroad tracks, vehicles, structures, barns, chicken houses, rabbit hutches,pig pens, feed as -5- E z 10688564.5-049361-0134 r a Packet Pg. 130 4.J.a stations, grazing animals, enclosures for maintaining fowl or other animals or manure, liquid or 3 dry chemical storage, herbicides, insecticides, hazardous waste, or garbage of any kind or description, nor use or apply within the Sanitary Control Area any herbicides, insecticides, or = other toxic chemicals or substances. City acknowledges that the Sanitary Control Areas and I foregoing covenants and restrictions are necessary and required by law in order to keep the water N supplied by District from Well#6 and the New Well free from impurities that might be injurious 3 to public health and to satisfy King County Department of Health or other regulatory requirements, the Parties have executed and recorded the Restrictive Covenant Public Water CO Supply (Well) attached as Exhibit F hereto. District agrees to advise the City of any changes to ,o state or county health regulations concerning the Sanitary Control Areas that may impact the 2 City's use and maintenance activities on the Property. y 0 L The District intends to construct a driveway within the Permanent Easement and Sanitary 2 Control Area to access the New Well's pump house, to which the City intends to construct a connected asphalt pedestrian path. Additionally, the District is aware of the City's intended construction of a sand volleyball court and asphalt pickleball courts ("Recreational Elements"), :2 and the continued maintenance of an asphalt basketball court, within the Sanitary Control Areas. A conceptual drawing of the proposed Recreational Elements is attached and incorporated as Y Exhibit G. By signing this Agreement, the District affirms that it has discussed the construction of these Recreational Elements and the continued maintenance of the existing basketball court c within the Sanitary Control Areas with the state Department of Health and Public Health— Seattle & King County, and has confirmed that the identified uses and materials, including E asphalt and necessary overlays, are not sources of contamination and will not conflict with the restrictions applicable to the Sanitary Control Area set forth in the first paragraph of this w Section 7 and the provisions of Exhibit F hereto. �o M 8. Maintenance and Repair. District shall be solely responsible for maintenance, repair, and replacement of District's facilities and improvements within the Easement Area. City shall be solely responsible for maintenance, repair, and replacement of all other facilities and w improvements and all landscaping on the Property. c as 9. Indemnity. District shall defend, indemnify, and save City harmless from and E against any and all claims, demands, losses, damages, expenses, liens, charges, and liabilities of any kind and description arising from or in connection with: (a) any claim, demand, suit or action y brought against City for bodily injury(including death), personal injury, or damage to or loss of o or destruction of property suffered or alleged to have been suffered by any person, firm, corporation, or entity from District's negligent acts or omissions relating to the Permanent Easement granted herein or from the District's use of the Property, except to the extent any such ; injuries, death, or damages are caused by the City's negligent acts or omissions;provided, however, that to the extent the easement rights granted herein are subject to the provisions of RCW 4.24.115, it is agreed that where liability for damages arising out of bodily injury to persons or damage to property is caused by or results from the concurrent negligence of the City of and the District, or their respective officers, agents, employees, or representatives, the District's a c as -6- E 10688564.5-049361-0134 r a Packet Pg. 131 4.J.a indemnity obligations under this Section 9 shall be effective only to the extent of District's 3 negligence. W In consideration of City's execution of this Agreement, District hereby waives any immunity it may have under applicable workers' compensation benefits or disability laws, N including, but not limited to, Title 51 RCW, in connection with the indemnity set forth in this 3 Section 9. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT OF MUTUAL NEGOTIATION. m L 0 10. Termination by District, Removal of Surface Improvements. This Agreement, including the Permanent Easement and the Protective Covenants regarding the Sanitary Control y Areas, may be terminated by: (i) District upon written notice to City, (ii)the District's o L abandonment or permanent non-use of the wells to furnish water for public consumption; or 2 (iii)mutual agreement of the Parties. If City concludes the District has abandoned or permanently ceased use of the wells to furnish water for public consumption, the City shall provide written notice to District of the City's determination. Upon any such termination, and unless otherwise agreed in writing by City, District agrees (a) to remove the Treatment Building and the Well#6 and New Well surface improvements, (b)to remove the underground waterlines, Y (c)to decommission all Wells in compliance with applicable law, and(d) to restore the surface of the Easement Area and any portion of the Property damaged by such removal or decommissioning of the Wells to a reasonably level and clean condition. E as 11. Successors and Assigns. The easements, covenants, restrictions, and agreements set forth in this Agreement shall (a)be effective on the Effective Date, (b run with the land, and (c) be binding upon and inure to the benefit of the Parties and their respective successors and �o assigns. 12. Notices. Any desired notices or other communications required or permitted under this Agreement shall be in writing and shall be (a)personally delivered(including by w means of professional messenger service), (b) sent by registered or certified U.S. Mail, postage , prepaid, return receipt requested, or(c) sent by overnight delivery using a nationally recognized overnight courier service, to the Parties at the following addresses: E �a To District/Grantee: Lake Meridian Water District w 27224 1441h Avenue SE o Kent, WA 98042 Attn: General Manager c With a copy to: Inslee Best Doezie & Ryder, P.S. 10900 NE 41h Street, Suite 1500 Bellevue, WA 98004 Attn: Curtis Chambers of a a. c d -7- E z 10688564.5-049361-0134 r a Packet Pg. 132 4.J.a To City/Grantor: City of Kent 220 Fourth Avenue South '2 cc Kent, WA 98032 = Attn: Parks Planning and Development Manager I`� z With a copy to: City of Kent 3 220 Fourth Avenue South Kent, WA 98032 m Attn: City Clerk ,o 2 Notices personally delivered shall be effective upon delivery. Notices sent by certified or y registered U.S. Mail shall be effective on the third business day following deposit in the mail. o L Notices sent by overnight courier service shall be effective one business day following delivery to the courier. Either Parry may change its address for notice by written notice given to the other Party at any time. L 13. Attorney's Fees. If either Party brings any suit, action, arbitration or other legal proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the Y Parties with respect hereto, each such Party shall be responsible for its own attorney's fees in connection therewith. This provision shall not apply to any indemnification and defense obligation the District is required to provide under Section 9 above. E as 14. Specific Performance. If either Party fails to perform its obligations under this Agreement, the aggrieved Party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies afforded under this Agreement or Washington law. M 15. Authori1y. Each person executing this Agreement on behalf of a Party hereto represents and warrants to the other Party, on his or her own behalf and on behalf of the Party for w which such person signs, that he or she has full authority to bind such Party to the terms of this , c Agreement. E as 16. Entire Agreement, Recitals; Exhibits; Amendment. This Agreement represents the entire Agreement between the Parties with respect to the subject matter hereof. The Recitals and y Exhibits hereto are a part of and incorporated into this Agreement by this reference. This o Agreement may only be modified or amended by a written document mutually signed by the Parties. c 17. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. J I [Signature page follows] a c as -8- E 10688564.5-049361-0134 r a Packet Pg. 133 4.J.a c IN WITNESS WHEREOF, the Parties have executed this Agreement. '2 cc CITY/GRANTOR: DISTRICT/GRANTEE: z CITY OF KENT, LAKE MERIDIAN WATER DISTRICT, 3 a Washington municipal corporation a Washington special purpose municipal corporation m L O V �L By: By: y Print Name: Print Name: o L Its: Its: ca c cv 'a L C� C J O r C d E d N W to ti t0 QM Q x w c as E a� �a w 3 O a� c 0 J I 0 d a. c d -9- E 10688564.5-049361-0134 r a Packet Pg. 134 4.J.a ACKNOWLEDGEMENTS 3 Cn cc STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) z c� On this day of 2023,before me personally appeared ,to me known to be the of the CITY OF KENT,the Washington municipal corporation that m executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on '�°, oath stated that he or she was authorized to execute said instrument. L A In witness whereof,I have hereunto set my hand and affixed my official seal the day and year first above written. c 2 (Print Name) NOTARY PUBLIC in and for the State of Washington,residing at J O My appointment expires r c m STATE OF WASHINGTON ) ss. w COUNTY OF KING ) co ti On this_day of , 2023,before me personally appeared M to me known to be the General Manager of LAKE MERIDIAN WATER DISTRICT,the Washington special purpose municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for x the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said w instrument. .r c d E In witness whereof,I have hereunto set my hand and affixed my official seal the day and year N ca first above written. w 3 O a� (Print Name) a NOTARY PUBLIC in and for the State of Washington,residing at 0 My appointment expires J I 0 d a. c d —10— E 10688564.5-049361-0134 r a Packet Pg. 135 4.J.a EXHIBIT A PARCEL NO. 809141-1150 r r- m TRACT`C', SUN MEADOWS DIVISION NO. 2,AS RECORDED IN VOLUME 130 OF PLATS, PAGES 61-62, ~ RECORDS OF KING COUNTY, WASHINGTON. y 3 (REFERENCE DEED AFN 199909300002393, RECORDS OF KING COUNTY, WASHINGTON) m L O V r N L d R �L C� C Q� J O r r C d E d N R W w ti M Q t x W C O E O N R W N O R d C 3 U) J I 0 d a PERM.DOCX KPG IACOMA•IlAI ILL t v r r Q Packet Pg. 136 4.J.a EXHIBIT 'B' 50 I N I _ I 1 0' WATER T - - - - - - - - D 33 34 = I REC. N0. 8501100711 501501 1 0071 1 II IL 20' GREENBELT ESM'T--1 I 3 o_Lr I c o Q I Y z\ \ CITY OF KENT \ \ TAX PARCEL No. \ \ 809141-1150 \ 100' RADIUS \5 WELL SITE m \ \ \ I rn L 100 \v I • (-jI 0 Q lC 1 i o I WELL #6 I �I p 0 :a I 0 I o NN I o cc I I I CO I a� I IN I WELL 6 I / m CONNECTING L/ I LINE I I I Q I I® x T I I I w I � ' I w Z I { TREATMENT W 50' I cNa m BUILDING f W / co N I I � cC N I 232.00'_ N88'50'46"W S.E. 282ND WAY \ I J I LAKE MERIDIAN WATER =FOUND MONUMENT IN CASE DISTRICT WELL 6 REHABILITATION TAX PARCEL NO. 809141-1150 r 0 30' so' 120' EXISTING IMPROVEMENTS a EXHIBIT 'B' Packet Pg. 137 4.J.a EXHIBIT C PARCEL NO. 809141-1150 PERMANENT EASEMENT THAT PORTION OF TRACT`C', SUN MEADOWS DIVISION NO. 2,AS RECORDED IN VOLUME 130 OF PLATS, 1° PAGES 61-62, RECORDS OF KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: Y R BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, SAID PLAT OF SUN MEADOWS DIVISION NO. 2; m L THENCE NORTH 01°41'49"WEST ALONG THE COMMON LINE BETWEEN SAID LOT 1 AND TRACT`C'A ,0 DISTANCE OF 108.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 88°00'13"WEST ALONG THE COMMON LINE BETWEEN SAID LOT 1 AND TRACT`C'A r DISTANCE OF 5.52 FEET, N THENCE NORTH 14'11'02"WEST A DISTANCE OF 59.97 FEET, THENCE SOUTH 75°48'58"WEST A DISTANCE OF 2.50 FEET, +; THENCE NORTH 14'11'02"WEST A DISTANCE OF 61.70 FEET, THENCE NORTH 07°3941"EAST A DISTANCE OF 21.26 FEET, THENCE NORTH 14'47'17"WEST A DISTANCE OF 28.47 FEET; � THENCE SOUTH 75°12'43"WEST A DISTANCE OF 15.00 FEET; =a THENCE NORTH 14'47'17"WEST A DISTANCE OF 20.00 FEET; y THENCE SOUTH 75°12'43"WEST A DISTANCE OF 47.05 FEET TO THE WESTERLY LINE OF SAID TRACT`C' AND THE BEGINNING OF A 825.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 75°54'24"WEST; J THENCE NORTHERLYALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE A DISTANCE OF 20.00 0 FEET, THROUGH A CENTRAL ANGLE OF 01°23'20"- +' r THENCE NORTH 75°12'43"EAST A DISTANCE OF 47.05 FEET; � m THENCE NORTH 14'47'17"WEST A DISTANCE OF 11.00 FEET; E THENCE NORTH 75°12'43"EAST A DISTANCE OF 29.00 FEET, m N THENCE NORTH 14'47'17"WEST A DISTANCE OF 9.00 FEET; � THENCE NORTH 75°12'39"EAST A DISTANCE OF 31.00 FEET, u l THENCE SOUTH 14'47'17"EAST A DISTANCE OF 71.22 FEET; � THENCE SOUTH 07°3941"WEST A DISTANCE OF 47.64 FEET, co THENCE SOUTH 14'11'02"EAST A DISTANCE OF 14.14 FEET; THENCE NORTH 89°49'30"EAST A DISTANCE OF 75.98 FEET TO THE EASTERLY LINE OF SAID TRACT`C'; Q THENCE SOUTH 01°05'58"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 10.00 FEET, THENCE SOUTH 89°49'30"WEST A DISTANCE OF 73.27 FEET; t THENCE SOUTH 14'11'02"EAST A DISTANCE OF 30.50 FEET K w THENCE SOUTH 75°48'58"WEST A DISTANCE OF 12.50 FEET; THENCE SOUTH 14'11'02"EAST A DISTANCE OF 72.27 FEET; c THENCE SOUTH 88°50'46"EAST A DISTANCE OF 58.21 FEET TO THE EASTERLY LINE OF SAID TRACT`C'; THENCE SOUTH 01°05'58"WEST ALONG SAID EASTERLY LINE A DISTANCE OF 75.98 FEET TO THE m BEGINNING OF 25.00 FOOT RADIUS CURVE TO THE RIGHT; cNa THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE EASTERLY AND w SOUTHERLY LINE OF SAID TRACT`C'A DISTANCE OF 39.29 FEET, THROUGH A CENTRAL ANGLE OF 3 90°03'16"; 0 THENCE NORTH 88°50'46"WEST ALONG THE SOUTHERLY LINE OF SAID TRACT`C'A DISTANCE OF 44.95 c�a m FEET TO THE POINT OF BEGINNING, 03�21�2023 c CONTAINS 17,706 SQUARE FEET, MORE OR LESS. to PovL R t", o J I b o d po PERM.DOCX " a �S FGT S P KPG '��qL LA�4 s IACOMA-5LA tLL a Packet Pg. 138 4.J.a c SE 1/4, SEC. 33, T. 22 N, R. 5 E., W.M. in \ \ 9.00 �,�31 p0 I c 1 29•p0� I I � 11.00 1 \ TRACT C � SUN MEADOWS DIVISION 2 m VOL. 130, PG 61-62 I� ,0 R=825.00 PERMANENT EASEMENT c, L=20.00 ` AREA = 17706 S.F.t z 15.00' P Cn I fA CO X 1 11 c0 w 1 cNS1 I \j �75.98' �z1Jo F'lI n- 73.27 w LA C W I 50' 0 Q +. rT1 I I \ `12.50' ROW 2.50 N I Ln I N r W c4\ I I _Y O I to I Y\ \ CCD to I PROPERTY LINE �I �I 58.21' ZI a 5.52' —— N � wl W E LOT 1 � N c w ZIP I o oi( I m I 00 POB 44.95 � I " SE 282ND WAY N 88°50'46" W J� DATE: MARCH 21, 2023 FILE: EXHIBIT C.DWG a KPG a EXHIBIT C-1 Seattle PARCEL 809141-1150 E 3131 Elliott Avenue,Suite 400 Sea Tacoma IWenatcA 98121 z08KPG.cm PERMANENT EASEMENT Tacoma I Wenatchee I KPG.com +�+ Q Packet Pg. 139 4.J.a EXHIBIT `D' Owner: City of Kent N Parcel No. 809141-1150 2 Temporary Construction Easement Legal Description D Q I LEGAL DESCRIPTION OF GRANTOR'S PARCEL �c L R a Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62, records of King County, Washington. o (Reference Deed AFN 19990930002393, Records of King County Washington) c w LEGAL DESCRIPTION OF EASEMENT AREA Y c R That portion of the hereinabove described Grantor's Parcel described as follows: COMMENCING at the Northwest Corner of said Tract `C'; Y THENCE North 74029'23" East along the Northerly line of said Tract `C' a distance of 85.95 feet to the POINT OF BEGINNING; m L THENCE Continuing North 74029'23" East along said Northerly line a distance of 20.00 feet; ,0 THENCE South 14047'17" East a distance of 79.65 feet; THENCE North 75012'43" East a distance of 40.00 feet; y THENCE South 14047'17" East a distance of 80.00 feet; o THENCE South 75012'43" West a distance of 100.00 feet; a�Li THENCE North 14047'17" West a distance of 20.00 feet; CU THENCE South 75012'43" West a distance of 42.23 feet to the Westerly line of said Tract `C' and the beginning of a 825.00 foot radius curve to the left, the center of which bears South 2 76036'04" West; THENCE Northerly along the arc of said curve and said Westerly line a distance of 40.00 feet, through a central angle of 02046'42"; THENCE North 75012'43" East a distance of 82.23 feet; THENCE North 14047'17" West a distance of 99.40 feet to the POINT OF BEGINNING. ° r c m Contains 10,473 Square Feet, more or less. E y R W ti M Q t X W C (D E d R W O R O C 3 U) J I d d C d E t v R .r .r Q Page 1 of 1 Packet Pg. 140 4.J.a EXHIBIT 'D-1' I I--- - - � - - - -� - - -I 50' I N I 1 I I I 33 34 \ I I I Y \ — a / P.O.B. �29 — I o N.W. COR. o I I c TRACT 'C' J I N o I ., o I L \ I 0 \ 1 to I V \ � \ L35 rn Lg3 I W p J I L 36 U) \S�6 TEMPORARY I a \ 1 CONSTRUCTION\ �I0 EASEMENT I NIA Q\ r- i o I 10,473 S.F.t 10 0 I IN C I CO�J I 91 � I 00\ r E I CITY OF KENT I I I I TAX PARCEL No. 809141-1150 1 I I ti I Q W IW d ao T 50' I cNa Q? w 232.00' N_ N88'50'46"W S.E. 282ND WAY J NOTE:SEE PAGE 2 pl CURVE TABLE. F 2 FOR LINE AND LAKE MERIDIAN WATER a =FOUND MONUMENT IN CASE DISTRICT E WELL 6 REHABILITATION m 0 30' 60' 120' TAX PARCEL NO. 809141-1150 r TEMPORARY CONSTRUCTION EASEMENT Q 1"=60' EXHIBIT 'D-1' PAGE 1 OF 2 Packet Pg. 141 4.J.a EXHIBIT 'D-1' W N_ 2 O H Q I L R a N O R d C 3 r.+ R C Cu H t N R v m LINE TABLE CURVE TABLE o LINE BEARING LENGTH CURVE RADIUS LENGTH DELTA L L28 N74°29'23"E 85.95' C3 825.00' 40.00' 002°46'42" ch L29 N74°29'23"E 20.00' +; Cu L30 S 14°47'17"E 79.65' c L31 N75°12'43"E 40.00' •L L32 S 14°47'17"E 80.00' L33 S75°12'43"W 100.00' Y J L34 N 14°47'17"W 20.00' O L35 S75°12'43"W 42.23' c m L36 N75°12'43"E 82.23' E a� y L37 N14°47'17"W 99.40' W ti M Q t X W C (D E d Cu W O Cu O C 3 U) J I LAKE MERIDIAN WATER DISTRICT E WELL 6 REHABILITATION TAX PARCEL NO. 809141-1150 TEMPORARY CONSTRUCTION EASEMENT Q EXHIBIT 'D-1' PAGE 2 OF 2 Packet Pg. 142 4.J.a EXHIBIT `E' Owner: City of Kent N Parcel No. 809141-1150 0 Sanitary Control Areas = D Q I L EXISTING 100 FOOT WELL SITE a N That portion of Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, -00a Pages 61-62, records of King County, Washington, described as follows: A 100 foot radius Well Site easement as shown on said plat of Sun Meadows Division No. 2, the center of which being 100.00 feet Westerly of the Easterly line of said Tract `C' and w 100.00 feet Northerly of the Northerly line of Lot 1 of said Plat, both of which are measured Y perpendicular to their respective line. CU Said 100 foot radius shall be trimmed along the Westerly line of said Tract `C'. 3 �a NEW 100 FOOT WELL SITE m L O That portion of Tract `C', Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62, records of King County, Washington, described as follows: y 0 A 100 foot radius, the center of which lies as follows: BEGINNING at the Northeast corner of said Tract 'C'; CU THENCE South 01 005'58" West along the Westerly line of said Tract `C' a distance of 123.25 feet; THENCE North 88054'02" West a distance of 100.00 feet to the center of the herein 2 described radius. Said 100 foot radius shall be trimmed along the Westerly line of said Tract `C'. J O C d E d y R W ti M Q t X W C O E d R W O R O C 3 U) J I d d C d E t v R .r .r Q Page 1 of 1 Packet Pg. 143 4.J.a EXHIBIT 'E-1' I 50__ - - - __\ - - - = =I� N I - - - - - - 10' WATER ESM T I I =REC. NO. 8501 1 0071 1 33 34 20' GREENBELT i �" �• . I 3 \ \ N.E. COR. / o TRACT 'C' I I 00 NEW 100' I N \ o, \ RADIUS WELL p Nlo i z SITE \• \ .T I lC 25' 100.00' I 1 I m \ \ --N88'54'02 W i \ EXISTING 100' \I W \ \ RADIUS WELL SITE I i 1 1 I I -100 1 ro 1 I LO 0 0 I I I INN CO I co CO � I n � \No. NCITY OFyTAX PAR 809141I I W I ti I I x I ,w E / rn � t i t 50' Lj _ 0 °' 0 \ 232.00' N_ N88'50'46"W S.E. 282ND WAY J NOTE:SEE PAGE 2 p� CURVE TABLE. F 2 FOR LINE AND LAKE MERIDIAN WATER a =FOUND MONUMENT IN CASE DISTRICT E WELL 6 REHABILITATION m 0 30' 60' 120' TAX PARCEL NO. 809141-1150 r SANITARY CONTROL AREAS Q 1"=60' EXHIBIT 'E-1' PAGE 1 OF 2 Packet Pg. 144 4.J.a EXHIBIT F r Restrictive Covenant Public Water Supply (Well) c 3 m L O r V �L r N L d �L C� C J O r C d E d N W to ti t0 M Q t K W C N E N N cC W N 3 O c� m c co 0 J I d IL c m E -20- 10688564.5-049361-0134 r r Q Packet Pg. 145 Instrument Number: 2112214261JOH814 Document:COV Rec: 52116.511 Page-1 of 4 Recurd Datc.,4126l20 2 2:36 PM ElectrunicHily Recorded King County,WA c to cc c H z N cc 3 Recording Requested by and M When Recorded Mail To: 0 Lake Meridian Water District V L 27224—1441b Avenue SE n Kent,WA 98t142 L DooumetiCride: Rcstrietive Covenant Publit Water Supply(Well) c 2 Grantor: City of Kent � L Grantee' I.ake Meridian Water Di�,irict m Legal Description J (abbreviated): Sun Meadows Div.No. 02 Open Area o r c FULL LEGAL DESCRIP'TTONS PAGES I AND 2,BELOW m E m N !Assessor's Tax Parcel [D# 86914 1-1 1 50 f° w Reference Nos.of Documents c° ti Released or Assigned,- NIA tO Name of Well System: Wells 6A and 6B x w RESTRICTIVE COVENANT PUBLIC WATER SUPPLY(WELL) E d The CITY OF KENT,a Washington municipal corporation("Grantor"). is the owner of the w fOClowing described reed property situated in King County,State of Washington,to wit• y 3 Tract C,Sin Meadows Division No.2,as recorded in Volume 130 of Plats, Pages b 1- 0 62,records of King,County,Washington (Reference Deed APN 199909300U2343,Records of King County,Washington) ("Gran[o.r's Land")ort which LAKE_MERIDIAN WATER Di STRICT,a Washington special t] purpose municipal corporation C"Grantee")owns and operates two wells and waterworks supplying � water for public use located on said real estate,to wit; 0 rL 1S623".2-049361-01M a. r C d E t C) r a ILC2022042611110K C 4.s101 Packet Pg. 146 Instrument Number. 24122CM264MK1814 Dorumcnt.COY Rea: S206.50 Page-2 of 4 Rccord Date:V2612022 2:36 PM King County.WA c cc Well 6A: z A 100 foot radius Well Site,as shown on said plat of Sun Meadows Division No.2, � the ccriter of which being 100.00 feet Westerly of the Easterly line of said 3 Tract V and 100,00 feet Northerly of the Noa:therly line of Lot 1 of said Plat, both of which are measured perpendicular to the respective line. Said 100 foot radios shelf m he trimmed along the Westerly Line of said Tract `C." .° Well 68 L A 100 foot radius,the center line of which lies as follows; L REGINNING at the Northmt corner of said Tract`C", THENCE South 01 MYSS"West along the Westerly Iine of said Trsct 'C'a distance of 123.25 feet; c THENCE North 88'54'02" West a distance of 100.00 feet to tlac center of the e° herein described radius. So id 100 foot radius shall be Iriinm¢d along the Westerly Iine of said Tract`C. � m Wells 6A and 6B(the-WeIIs")arc depicted on Exhibit A attached hereto and incorporated J herein by this rcf=nec. The Webs and waterworks are located an Grantor's Land,and Grantee is G required to keep the water supplied from said Wells free from impurities which might be injurious to r the public health. It is the purpose or these grants and covenants to prevent certain practices hereinaf ar U) enumerated in the use of Grantor's Land which might contaamina3te said water supply, W co ArOW THEREFORE,the Grantor agrees and covenants that said Grantor,its heirs,successors, � and assigns,will maintain the sbove-described radii around the respective Wells free from the `✓ encroachrne:nt of animals by a physical barrier and will not construct,maintain,or suffer to be constructed or maintained upon Grantor's land and within the above-describcd radii of the Wells,sa long,as the same are operated to furnish potable water for public consumption,any of the fallowing: E cesspools;sewers; pressure eMuont pipes;building sewers; privfes;septic tanks;drainfields, and any lt.l other receptacle for the storage,conveyance.treatment,or disposal of'sewage;manure piles;manure, sewage,and other lagoons-,building foundations;garbage of any kind or description; I oaf ing shod; � animal feeding stations; barns:,chicken houses;rabbit hutches;dog kcnneis;pigpens;or other E enclosures or structures for the keeping or maintenance of fowl,aanimais;underground storage tanks; � hazardous waste sites;storage ofliquid or dry chemicals;herbicides,or insecticides;public roads, w surface water; railroad trades;power utiI;ty or gas lines;or known or suspected sources of coritamination such as use or application of Iiquid or dry chemicals;herbicides or insecticides,on or -oa around household foundations or any other structural fiaundations;and NO storage tanks. No well � shall be driIled within 10D0 feet of known sanitary and abandoned I and f Its. c "these covenants shall run with the land and shall be binding on all parties having,or � acquiring any right,title,or interest in Oc Land described herein or any part thereof,as long as said p Wells or waterworks are used for the purpose of furnishing potable water for publio consumption. J I -2- d 1Srz2354.2-049351-M 34 d c ev E z c� a I LC 20 220426000 S 14,002 Packet Pg. 147 Instrument Number: 2022tM264MR1814 Dncumcnt:COY Rre: 5206.50 Page-3 of 4 Record Date:V2612022 2:36 PM King County.WA c cc WITNESS the Signature of Grantor this day of April .2022, _ z GRANTOR. cc 3 CITY OF KENT. cc a Washington municipal corporation m L O r V �L 3Y. y Print Dame: Dana L Its: J C R STATE OF WASHINGTON ) � COUNTY OF KING ) Y On this k dayApril 2022, before m personalty appeared J 0 Dana Ralph to me known to be the aYo'r of the CITY OF l{ENT.the Washington +' r municipal corporation that executed the within and foregoing inarument,and acknowledged said instrument to be the free and voluntary act end deed oFsaid municipal corporation,for the rises and E purposes therein mentioned,and on oath stated that he or she was authori=d to excCute said � instrument. W co I witness whereof, I have herounto set my hand and affixed my official seal the day and year first above writicn. �����1ti1l11St31 t D Mee III iY. irJ` a 4 7C 'L S� 1ti1341t't f# X _ #rry fj (Print Name) W _ * '5�� NOTARY PUBLIC in and for the .r a143" S State of Washington,residing at 11j '41 My appointment expires o't W 1 OA-I WAH 9 y #Ili11ti11��\���� 3 0 a� c 0 J I t] -3- a 155B541-049361-0134 a. c d E z c� a TLC 20220426000814,€03 Packet Pg. 148 ]nstrument Number: 2022(M264MKI814 Dncunlent:COY Rec:S206.50 Page-4 of 4 Record Date:V2612022 2:36 PM Kink,County.WA c M M i:MBiT'PV �1u�YYATQI xguT ` S RM h4 ftbHM71Y r rUL. ;'ik Flu 5 lii Y3 m 1 O y a'p 5 r,.0 1YiSIpI: MEl4 i L 7i3 lid' 1 ' I R TKA 1 L` I Gal7t+c.YGO' uLLVIT r I m �y M O I ar � to r_ 1+��ca r I ul 1 i s sa' W 'YAY .e+Fa'w &E 29MWAY YC —— — W S[i Mc 2 OF.2 FOR LNE AND✓IIF+ OUWK TA6Y1 Q LAKE MEFUD yGp 1g wU4r+uaexTina•w p ir�T d �� 5 RE}IA91LlT■7iCn {s lY7' 6' TAR PARCEL WO. B04411-11W = h �1 J � TAiRY CONTROL 8AE4S y 1160' EXMHT'X Pace 1 aF x J I -4- a 1562354.E•NMI-0134 a. r _ d E t t� co r a TLC 20 220426000814,0(9 Packet Pg. 149 4.J.a EXHIBIT G Cn City Recreational Elements o - -'-----------____—___—_,---_--- -` CPFLBEFORF YDU BIGI n { ————— — -- --� ��=—�v�- ��.ti—-----~----- _ ( —� — — ----------1 "IMP -- m 'j i i I � r�!1y� �a6�4I I ,� rl L: il• �� o Zo n � Z)a j�l•� II}44 III �,4 ` i _ - _ "� -- w�„�.M�------- � p� yZL �I _U g C� It If IIj —� Evsiw rxF�raw�a.a< rs�� = — NAIERIALF IEEFNO \\\\4 J r� - w L-X ti �� t0 QM Q x w c 0 E a� �a w 3 0 a� c 0 J I r� d a. c d E -25- 10688564.5-049361-0134 r a Packet Pg. 150 4.J.b AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT RE: EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK N r c 1. The City of Kent ("City") is the owner of certain real property commonly known as Sun Meadows Park("Park"). 3 2. The City previously granted certain easement rights to Lake Meridian Water District m ("District") at or near the Park and received full and complete consideration for these ,0 easement rights in the form of$45,000 toward the cost of the City's contemplated park improvements. w 0 L 3. The City and District now plan to execute an additional EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and incorporated herein by this reference ("Easement Agreement"). This Easement Agreement c�v replaces the previous easement and slightly expands the footprint.This represents m $2,250.81 of the total consideration paid to the City in Section 5. 2 m 4. The City and Puget Sound Energy("PSE") also intend to execute the EASEMENT attached as J 0 Exhibit 2 to this Agreement and incorporated herein by this reference (the "Utility r c Easement"). This Utility Easement shall benefit the District by allowing PSE to service the m E District's improvements.This represents$4,274.67 of the consideration paid to the City in m Section 5. w co ti 5. In recognition of and in full and complete consideration for the Easement Agreement and M Utility Easement and the disruption in use of the Park during construction,the District has m agreed to contribute to City, and City has agreed to accept from District,the sum of $6,525.48 (the "Consideration")toward the cost of City's contemplated park improvements. x w 6. The District will pay the Consideration to the City within 30 days of the City's delivery to the = a� District of the Easement Agreement and a copy of the Utility Agreement signed by its E m Mayor. cNa w 7. This agreement is effective as of the later of the signature dates below. 0 c� m c 0 J I d IL c m E z U 0 r r Q Page 1 of 2 Packet Pg. 151 4.J.b IN WITNESS WHEREOF, City and District have executed this Agreement. CITY/GRANTOR: DISTRICT/GRANTEE: c CITY OF KENT LAKE MERIDIAN WATER DISTRICT, t a Washington municipal corporation a Washington special purpose municipal corporation Y L) M m L By: By: ,o r Print Name: Print Name: r Its: Its: m Date: Date: c �a a� m J O r r C d E d N R W co ti M m t X W C O E O N R W N O R d C 3 U) J I 0 d IL c a� E t r r Q Page 2 of 2 Packet Pg. 152 4.K PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Easement to Puget Sound Energy for Well House at Sun Meadows Park - Authorize MOTION: I move to authorize the Mayor to sign the Easement Agreement with Puget Sound Energy in the amount of $4,274.67 to the City, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated King County. The City of Kent annexed the area in 1996, and the park property was formally conveyed from King County to the City of Kent in 1999. At the time of conveyance, Water District #111, now legally known as Lake Meridian Water District (District), owned and operated a municipal water well identified as Well #6 and a water treatment building on the park property, which were and continue to be an integral part of the water utility's service infrastructure. On May 4th, 2021, the Kent City Council authorized easements related to the ongoing operation of Well #6 granting the District a permanent easement over property included within Sun Meadows Park to allow the water district to continue to maintain and operate its existing well, to drill and construct a second well and associated infrastructure, and to continue maintenance and operation of its facilities within Sun Meadows Park. The new well was necessitated by the failing Well #6 and was necessary to maintain a safe, adequate water supply for nearby residents. Related and in furtherance of the operation of this new well, the District has requested new energy service from Puget Sound Energy ("PSE") to operate the mechanical components of the well pumps. Under this easement agreement, the City will authorize the necessary easement to PSE for this new service line, which is approximately 1,601 square feet and located within existing easements granted previously to the District. As compensation for providing this additional easement, the City will receive $4,274.67 from the District based on an appraised value of $2.67 per square foot. Funding will be used for improvements to Sun Meadows Park to be incorporated into a future parks capital project. The proposed easements have been incorporated into a park site plan so that future improvements will not conflict with the granted easements. Packet Pg. 153 4.K BUDGET IMPACT: Additional unbudgeted revenue of $4,274.67. SUPPORTS STRATEGIC PLAN GOAL: Evolvin4 Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. PPD_PSE - Sun Meadows Easement - Exhibit A (PDF) 2. PPD_PSE - Sun Meadows Easement - Exhibit B (PDF) Packet Pg. 154 4.K.a Y L a N 3 O RETURN ADDRESS: m Puget Sound Energy, Inc. Attn: ROW Department(MRN) 1660 Park Lane N Burlington,WA 98233 c�v a� 3 O 2 PUGET SOUND ENERGY L EASEMENT .° a� L REFERENCE#: N/A GRANTOR(Owner): CITY OF KENT W GRANTEE(PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: TRACT C, SUN MEADOWS DIVISION NO. 2 (SE'/4 SEC 33-22N-05E) p ASSESSOR'S PARCEL#: 809141-1150 N r m a� For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby d acknowledged, CITY OF KENT a municipal corporation of the State of Washington ("Owner" herein), hereby grants r and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described E real property(the"Property"herein)in King County,Washington: N O W TRACT C, SUN MEADOWS DIVISION NO. 2, AS RECORDED IN COLUME 130 OF PLATS, PAGES 61-62, RECORDS OF KING COUNTY,WASHINGTON. ti m M Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property Q ("Easement Area"herein)described as follows: +, SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A K SURVEY DEPICTING THE EASEMENT AREA IS ATTACHED HERETO AS EXHIBIT"B." W 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution E and sale of electricity. Such systems may include, but are not limited to: W Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic 3 cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and O pads, manholes, meters,fixtures, attachments and any and all other facilities or appurtenances necessary or ca convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may,from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over T and across the Property to enable PSE to exercise its rights granted in this easement. w U) 2. Easement Area Clearing and Maintenance. PSE shall have the right,but not the obligation to cut,remove ILI and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but a not the obligation, to control, on a continuing basis and by any prudent and reasonable means,the establishment and a growth of brush,trees or other vegetation in the Easement Area. +: c a� PSE UG Electric Easement 2014 E W0#105103237/RW-130653 Page 1 of 5 r Q Packet Pg. 155 4.K.a Y L 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees a located on the Property outside the Easement Area that could, in PSE's sole judgment,interfere with or create a hazard 3 to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such 0 trees and make a reasonable effort to give Owner prior notice that such trees will be cut,trimmed,removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber(if any) cut and removed from the Property by PSE. c 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent Co reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the M condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case (D 0 Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed 0 as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause = the minimum amount of disruption to Owner's use of the Property. — a� 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted,provided, however,Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner >+ a� shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. y c 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the W negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require c PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence 0 of others. N r ZM m 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of d Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. r 41 c 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all M of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing,the rights and obligations of the parties shall be binding upon their respective successors and assigns. M W ti ti m M Q a+ t X W C N E d cC W N 3 0 ca a� c U) W a I 0 a a c a� PSE UG Electric Easement 2014 E W0#105103237/RW-130653 M Page 2of5 r Q Packet Pg. 156 4.K.a Y L DATED this day of 20. a N 3 0 OWNER: CITY OF KENT A MUNICIPAL CORPORATION 4) c r R By: N DANA RALPH o 2 Its: MAYOR L0 STATE OF WASHINGTON ) y ) SS COUNTY OF ) W c 0 On this day of 20 , before me, the undersigned, a Notary Public N in and for the State of Washington, duly commissioned and sworn, personally appeared DANA RALPH, to me known a) to be the person who signed as Mayor, of CITY OF KENT, the corporation that executed the within and foregoing instrument,and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary d act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was r authorized to execute the said instrument on behalf of said corporation. a� IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. N W ti (Signature of Notary) M Q (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing x at W My Appointment Expires: y E m Notary seal,text and all notations must be inside 1"margins W 3 0 ca a� c U) W U) IL I 0 a a c a� PSE UG Electric Easement 2014 E W0#105103237/RW-130653 Page 3 of 5 r Q Packet Pg. 157 4.K.a L EXHIBIT A y PARCEL NO. 809141-1150 O PSE EASEMENT a� A 10.00 FOOT WIDE STRIP OF LAND WITHIN TRACT`C', SUN MEADOWS DIVISION NO. 2, AS RECORDED IN r VOLUME 130 OF PLATS, PAGES 61-62, RECORDS OF KING COUNTY, WASHINGTON, LYING 5.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 3 O BEGINNING AT THE INTERSECTION OF SOUTHEAST 282ND WAYAND 132ND AVENUE SOUTHEAST; _ THENCE NORTH 01°05'58"EAST ALONG THE CENTERLINE OF SAID 132ND AVENUE SOUTHEAST A y DISTANCE OF 239.17 FEET, 3: THENCE NORTH 88°54'02"WEST A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID c CENTERLINE; '~ THENCE SOUTH 89°49'30"WEST A DISTANCE OF 79.78 FEET; L THENCE NORTH 14'11'02"WEST A DISTANCE OF 19.01 FEET; c THENCE NORTH 07°3941"EAST A DISTANCE OF 40.86 FEET; W THENCE NORTH 14°4724"WEST A DISTANCE OF 20.49 FEET TO A POINT OF TERMINUS; c CONTAINING 1,601 SQUARE FEET, MORE OR LESS. O r a� d O r r c a� E aD �a W ti ti co M Q t X W C O E d R W N O R d C 3 N W N a i 0 a PSE.DOCX Page 1 of 1 a KPG TACOMA•SEATTLJ E t r Q Packet Pg. 158 4.K.a L SE 1/4, SEC. 33, T. 22 N, R. 5 E., W.M. a \ I 3 \ / " y/ N 14'47 24 W I, i � r 5 p0 \ 20.49' 1° 1 I as \ \ PSE EASEMENT I� o AREA = 1601 S.F.t �, x \ z - N N 07 39 41 E L 1 , 40.86' o I >, 1 „ Q � 01� , N 14'11 02 W I 19.01 w N 88°54'02" W 50.00' 1� W c I I \ U' co I \\ \ S 89'49'30" W i w \ 79.78' I 50' > ' Q a I G ROW ° \ EXISTING LAKE ��\\ \ ICN ° I MERIDIAN WATER \ \ rn I DISTRICT I \ Icy W I jPR MENT \\ \ I ERTY LINE I, C° NIA �_ W U t w00 N 1 o w c LOT 1 0 z (D N w w to orn rn I O O 0 I C I 3 " SE 282ND WAY , W N 88`50'46" W POP a1 DATE: MARCH 21, 2023 FILE: PSE ESMT EXHIBIT.DWG a KPG EXHIBIT B a Seattle PARCEL 809141-1150 3131 Elliott Avenue,Suite 400 E Seattle,WA 9812' 206,286,1640 PSE EASEMENT V Tacoma I Wenatchee I KPG.com Q Packet Pg. 159 4.K.b AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT RE: EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK a N 3 0 0 1. The City of Kent ("City") is the owner of certain real property commonly known as Sun m Meadows Park("Park"). r 2. The City previously granted certain easement rights to Lake Meridian Water District a� ("District") at or near the Park and received full and complete consideration for these 0 easement rights in the form of$45,000 toward the cost of the City's contemplated park x improvements. L 3. The City and District now plan to execute an additional EASEMENT AGREEMENT AND � DECLARATION OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and °f a� incorporated herein by this reference ("Easement Agreement").This Easement Agreement w replaces the previous easement and slightly expands the footprint.This represents c $2,250.81 of the total consideration paid to the City in Section 5. 0 r m 4. The City and Puget Sound Energy ("PSE") also intend to execute the EASEMENT attached as a' Exhibit 2 to this Agreement and incorporated herein by this reference (the "Utility o Easement").This Utility Easement shall benefit the District by allowing PSE to service the District's improvements.This represents$4,274.67 of the consideration paid to the City in a) E Section 5. N W 5. In recognition of and in full and complete consideration for the Easement Agreement and Utility Easement and the disruption in use of the Park during construction,the District has agreed to contribute to City, and City has agreed to accept from District,the sum of m $6,525.48 (the "Consideration")toward the cost of City's contemplated park improvements. z x 6. The District will pay the Consideration to the City within 30 days of the City's delivery to the w District of the Easement Agreement and a copy of the Utility Agreement signed by its Mayor. E c� 7. This agreement is effective as of the later of the signature dates below. N 3 0 ca a� c U) w IL i 0 a IL c a� E z U r Q Page 1 of 2 Packet Pg. 160 4.K.b 2 IN WITNESS WHEREOF, City and District have executed this Agreement. a CITY/GRANTOR: DISTRICT/GRANTEE: 3 O CITY OF KENT LAKE MERIDIAN WATER DISTRICT, a Washington municipal corporation a Washington special purpose municipal corporation r a� By: By: o x Print Name: Print Name: Its: Its: `o Date: Date: aD c w c O r a� a� a O r r c a� E aD �a w ti ti co M m t X W C O E d R W N O R d C 3 W N a i 0 a IL c aD E t U r Q Page 2 of 2 Packet Pg. 161 4.L POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-852-2121 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Washington Traffic Safety Commission Interagency Agreement for Region 8 Target Zero Manager - Authorize MOTION: I move to accept grant funds in the amount of $255,000 from the Washington Traffic Safety Commission for the partial funding of a Region 8 Target Zero Manager, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Chief of Police and City Attorney. SUMMARY: For the past two decades, the Kent Police Department has served as the host agency for one of the Target Zero Managers assigned in King County. Funded over these years by the Washington Traffic Safety Commission, traffic safety work in King County has grown in priority as WTSC strives to reach "Target Zero" or "0" serious injury/fatal collisions across the state. King County represents over 50% of the serious injury and fatal crashes in the state and WTSC continues to invest funding to sustain and grow the traffic safety work across King County. Working with Public Health - Seattle & King County and the two Target Zero Manager positions housed there, Kent PD's Target Zero Manager coordinates a law enforcement committee, an educator/outreach committee, high visibility enforcement funding for 26 King County area police departments, media outreach and education, and manages three different grants to support this work. This agreement is a three-year agreement with a total funding amount of $255,000 spread equally over each year ($85,000 per year). The funding will become available October 1, 2023 and will run through September 30, 2026. Each year of funding will provide .5 FTE to coordinate traffic safety projects and programs for King County. A total of $72,000 will fund the .5 FTE position with $13,000 identified for overtime as needed. BUDGET IMPACT: Grant funding of $85,000 each year for a total of $255,000 over the three-year period. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 162 4.L 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. Interagency Agreement-2024-Sub-grants-5102-Region 8 Target Zero Manager (PDF) Packet Pg. 163 4.L.a c O y E E O WEMS U r O U) r_ R INTERAGENCY AGREEMENT 0 BETWEEN THE Washington Traffic Safety Commission AND L Kent Police Department THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety N Commission, hereinafter referred to as "WTSC," and Kent Police Department, hereinafter referred to as 4 "SUB-RECIPIENT." 12 co NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, o terms, conditions, covenants, and performance contained herein, or attached and incorporated and mad( a part hereof, the parties mutually agree as follows: o U2 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the 6 Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.600, for traffic safety grant project 2024-Sub-grants-5102-Region 8 Target Zero Manager. N 2. PERIOD OF PERFORMANCE E a� The period of performance of this Agreement shall commence upon the date of execution by both partieE or October 01, 2023, whichever is later, and remain in effect until September 30, 2026, unless terminates sooner, as provided herein. a 3. STATEMENT OF WORK r The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the r Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a a a e 1 of 30 Packet Pg. 164 4.L.a c 0 potential amendment. All Federal and State regulations will apply. E 0 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity U) Communities have limited resources to address traffic safety concerns, especially on a regional scale. Washington's diversity calls for a customized approach to reaching Target Zero. This diversity from community to community creates a need for community-level approaches to traffic safety improvements. r • Diversity in people — ethnicity, language, political beliefs, socio-economic status, etc. • Diversity in roads — rural vs. urban differences in roads include roadway design, safety features, and options available for roadway improvements • Diversity in resource availability — capacity to make traffic safety improvements varies greatly from community to community M L 3.1.2 Project Purpose and Strategies This program provides resources that support traffic safety at a local level - based on the needs of 0 specific communities so that: N aD • Local communities can implement strategies to increase traffic safety. • Local leaders recognize the importance of traffic safety. co • Community members feel empowered and take ownership to solve traffic safety problems identified in o their community. N Target Zero Managers (TZMs) guide local Target Zero task forces around many counties and tribal reservations in the state. These task forces are ideally composed of engineering, enforcement, educatior 4 and emergency medical services (EMS) experts, as well as other community agencies and organizations aT with an interest in traffic safety. The TZMs and task forces coordinate local traffic safety efforts and resources by tracking data, trends, and issues in their area. They develop and provide a variety of traffic safety programs, services, and public outreach throughout their communities by working with local N partners. (D E 3.2 PROJECT GOALS a 1) Goal 1-1 . Establish and maintain coalition(s) of traffic safety stakeholders. 2) Goal 1-2. Identify, recruit, and engage new stakeholders across the region in traffic safety efforts. 3) Goal 1-3. Raise awareness among and seek input from community members and organizations acros r the region through attending meetings/conferences and delivering presentations to foster engagement S r with traffic safety efforts. 4) Goal 1-4. Develop expertise in improving traffic safety. a a e2of30 Packet Pg. 165 4.L.a c 0 5) Goal 1-5. Report on progress and activities through in person meetings, virtual meetings, and written reports. o 6) Goal 2-1 . Complete a traffic safety assessment. 7) Goal 3-1 . Establish shared priorities for traffic safety in the assigned county/region. 8) Goal 4-1 . Select strategies/countermeasures and develop logic models and implementation plans. u) 9) Goal 5-1 : Pilot test communications. 10) Goal 6-1: Execute the implementation plan(s) and guide the conversations created. 11) Goal 7-1. Assess execution of implementation plans and coalition member satisfaction and r engagement. 3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 c 12 this AGREEMENT. For the purposes of this section only, the parties' DESIGNATED CONTACTS, as listed in clause 42, are authorized to execute these amendments to Appendix A. M 3.3. COMPENSATION a 0 3.3.1 The cost of accomplishing the work described in the SOW will not exceed $255,000.00, for the N entire period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT (D COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each year's budget is independent of the others. 00 r_ 0 3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. N 0 U2 3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives ani 4 measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC), 2 as set forth in the SOW. 4 3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established N in accordance with WTSC policies, and an approved cost allocation plan may be required to be submittei to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject E a� to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the indirect rate increase from other budget categories so that the total budget does not increase. The total a budget may not increase without an amendment to this agreement executed by both parties. L 3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the r scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and a a e3of30 Packet Pg. 166 4.L.a c 0 for all travel outside of the continental United States. E 0 3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB- RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this I information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If r following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) tc 27 support reimbursement requests, including the A-40 Travel Authorization form if required. 3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000 must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from thi: M agreement is used to purchase a portion of an item with a purchase price of $5,000 or higher. Approval for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval has been gained or denied. Failure to receive pre-approval will preclude reimbursement. SUB- 0 RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the N project, and documentation showing that it is made in America. Any equipment purchased with NHTSA funds, must be used exclusively for traffic safety purposes or the cost must be pro-rated. 00 3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to 0 maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each year when requested. o U2 3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of $5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a unit cost of$300 or more: 4 • Laptops and Notebook Computers N • Tablets and Smart phones aD E Small and attractive assets also include the following if they have a unit cost of $1000 or more: a • Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders • Cameras and Photographic Projection Equipment • Desktop Computers (PCs) r • Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) S r c a� E a Dacie4of30 Packet Pg. 167 4.L.a c 0 y 3.4 PROJECT COSTS E E 0 U The costs for the work under the SOW to be provided by the SUB-RECEIPIENT are as follows: U) Total 3 year funding total: $255,000.00 FFY2024: $85,000 FFY2025: $85,000 0 FFY2026: $85,000 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS ~ M The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, training reports, advertising, social media posts, meeting agendas, and any statistical data generated in o project execution in the reports. The final report will be submitted to WTSC within 30 days of termination N r of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are & received and approved. 00 r_ 5. ADVANCE PAYMENTS PROHIBITED 0, a No payments in advance of or in anticipation of goods or services to be provided under this Agreement N shall be made by the WTSC. U2 U) 6. AGREEMENT ALTERATIONS AND AMENDMENTS M L This Agreement may be amended by mutual agreement of the parties in the form of a written Amendmer T to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel cn authorized to bind each of the parties. o N 7. ALL WRITINGS CONTAINED HEREIN E This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to a exist or to bind any of the parties hereto. c a 8. ASSIGNMENT a The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, s without the express prior written consent of the WTSC, which consent shall not be unreasonably withhelc a The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements enterec E a a e5of30 Packet Pg. 168 4.L.a c 0 into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable . 02 federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of E the funds provided under this Agreement include funds from NHTSA, such third-party contracts and L) agreements must include the federal provisions set forth in this Agreement in sections 32 through 41. 0 Cn 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. `o C 10. BILLING PROCEDURE N The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the LO WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB- M RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for goods received or services performed between July 1 and September 30, must be received by WTSC nc later than November 10 of the same calendar year. WTSC reserves the right to delay the processing of 00 invoices until activity reports required by Section 4 of this agreement, are received and approved. `o 11. CONFIDENTIALITY/ SAFEGUARDING OF INFORMATION N The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of 41 this Agreement, except with prior written consent of the WTSC, or as may be required by law. M 12. COST PRINCIPLES vn 4 Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. o N r C 13. COVENANT AGAINST CONTINGENT FEES E The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, L brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application a for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. L d 14. DISPUTES c 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final 0 page 6 of 30 Packet Pg. 169 4.L.a c 0 and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written 2 decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT'S E 0 appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by L) the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall cu abide by the decision. U) r_ 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. r 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce r any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. M 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. ° aD N r 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order 00 15.2.1 . Applicable federal and state statutes and rules o 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement N 0 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference M L 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, N registration fees, or service charges) must be accounted for, reported to WTSC, and that income must bE o applied to project purposes or used to reduce project costs. aD E 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the a WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB- r RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision S r applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, a a e7of30 Packet Pg. 170 4.L.a c 0 and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that o claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; an( L, provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its cu officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, o u) agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, I employees, agents, contractors, or subcontractors. r 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with to respect to WTSC only, any immunity that would otherwise be available to it against such claims under thi M Industrial Insurance provisions chapter 51.12 RCW. a 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 0 L 18. INDEPENDENT CAPACITY r a� The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be 00 employees or agents of the other party. o a 19. INSURANCE COVERAGE � N 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. L 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prio -6 3 to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or c N commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB- RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. E a� 20. LICENSING, ACCREDITATION, AND REGISTRATION a The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, r and be responsible for payment of all taxes due on payments made under this Agreement. S r c a� 21. RECORDS MAINTENANCE a a e8of30 Packet Pg. 171 4.L.a c 0 .y 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain A books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect c costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this in Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any c these materials during this period. c 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to theLO furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party L are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION L. The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to W any other authorized agent or official of the state of Washington or the federal government, at all L_ reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance ;,0 under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to `o comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any o regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washingtoi T State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, L and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used a; a result of this Agreement. 4 N 23. RIGHTS IN DATA d 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work E Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, M and/or databases to the extent provided by law. Ownership includes the right to copyright, register the c copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 0 page 9 of 30 Packet Pg. 172 4.L.a c 0 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable .E law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all c rights in the Work Product and any registrations and copyright applications relating thereto and any ;, renewals and extensions thereof. Cn 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment c of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work a� performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. to 24. SAVINGS L In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without a the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under N any new funding limitations or conditions. L M 25. SEVERABILITY 00 If any provision of this Agreement or any provision of any document incorporated by reference shall be `0 held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and o the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declare to be severable. L 26. SITE SECURITY ; While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform N in all respects with all WTSC physical, fire, or other security policies and applicable regulations. N c d 27. TAXES E All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. c as 28. TERMINATION FOR CAUSE M L If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement c or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the 0 page 10 of 30 Packet Pg. 173 4.L.a c 0 SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB- y RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the E 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC US r a� 29. TERMINATION FOR CONVENIENCE U) Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered o r or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed M as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB- RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such 2 property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in par N. whichever first occurs. 00 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided o herein or approved by the WTSC, be used only for the performance of this Agreement. N 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which LO results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management a� practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify o the WTSC and shall take all reasonable steps to protect the property from further damage. aD E 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, i termination, or cancellation of this Agreement. a c 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. r S 31. WAIVER a� A failure by either party to exercise its rights under this Agreement shall not preclude that party from E a a e 11 of 30 Packet Pg. 174 4.L.a c 0 subsequent exercise of such rights and shall not constitute a waiver of any other rights under this y Agreement. E 0 U APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): cu U) r_ 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing o r items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determine, y that such domestically produced items would be inconsistent with the public interest, that such materials 3: are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to M purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION ° aD Instructions for Lower Tier Certification N r aD L 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "IowE 00 tier participant") is providing the certification set out below and agrees to comply with the requirements of o 2 CFR part 180 and 23 CFR part 1200. N 33.2. The certification in this section is a material representation of fact upon which reliance was placed U2 when this transaction was entered into. If it is later determined that the lower tier participant knowingly 0 rendered an erroneous certification, in addition to other remedies available to the federal government, the L department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. N 4 N O 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the IOWE C2 r_ tier participant learns that its certification was erroneous when submitted or has become erroneous by E reason of changed circumstances. i a 33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, c person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. r S 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any E_ lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpai E a a e 12 of 30 Packet Pg. 175 4.L.a c 0 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered y transaction, unless authorized by WTSC. E 0 U 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, U) Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. o r 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a y lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows the the certification is erroneous. A participant is responsible for ensuring that its principals are not M suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). ° a N r d 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of ° records in order to render in good faith the certification required by this clause. The knowledge and 00 information of a participant is not required to exceed that which is normally possessed by a prudent o person in the ordinary course of business dealings. N 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposec 4 r- for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded M T from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. c N C Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier E Covered Transactions a 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are c presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frorr participation in this transaction by any federal department or agency. r S 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. a a e 13 of 30 Packet Pg. 176 4.L.a c 0 y 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) E 34.1. The SUB-RECIPIENT shall: r a� 34.1.1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace, and shal specify the actions that will be taken against employees for violation of such prohibition. c 0 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug y counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. M 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. M 34.1.4. Notify the employee in the statement required by paragraph 34.1.1 . of this section that, as a o condition of employment under the grant, the employee will abide by the terms of the statement, notify th N r employer of any criminal drug statute conviction for a violation occurring in the workplace no later than & five days after such conviction, and notify the WTSC within 10 days after receiving notice from an M 00 employee or otherwise receiving actual notice of such conviction. 0 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1 .3. of W this section, with respect to any employee who is so convicted: take appropriate personnel action agains such an employee, up to and including termination, and/or require such employee to participate 2 U) satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a L federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of N 0 all of the paragraphs above. N aD 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and tote a compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic S reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. E a a e 14 of 30 Packet Pg. 177 4.L.a c 0 y 36. FEDERAL LOBBYING E E 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 0 r a� 36.1.1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member 2 of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectio c2 with the awarding of any federal contract, the making of any federal grant, the making of any federal loan o the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, o M modification of any federal contract, grant, loan, or cooperative agreement. y 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person fo influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an M officer or employee of Congress, or an employee of a Member of Congress in connection with this federe L contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 0 L 36.1.3. The undersigned shall require that the language of this certification be included in the award N r documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, L loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. 00 r_ 36.2. This certification is a material representation of fact upon which reliance was placed when this .0 transaction was made or entered into. Submission of this certification 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 subject to a civil penalty of not less than $10,000 and not more than 2 U) $100,000 for each such failure. L 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) N 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: N 0 N 37.1.1 . To comply with all federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: 37.1.1 .1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252 a 37.1.1 .2. 49 CFR part 21 37.1.1 .3. 28 CFR section 50.3 37.1.1 .4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 a 37.1.1 .5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) 37.1.1 .6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) a� 37.1.1 .7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.) a a e 15 of 30 Packet Pg. 178 4.L.a c 0 37.1.1 .8. The Civil Rights Restoration Act of 1987 y 37.1.1 .9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) E 37.1.1 .10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 37.1.1 .11. Executive Order 13166, Improving Access to Services for Persons with Limited English cn Proficiency 37.1.1 .12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government r 37.1.1 .13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. M L 37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way. Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation ° W requirements, as prescribed by law or detailed in program guidance. N aD L M 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination 00 provisions in this contract/funding Agreement, the WTSC will have the right to impose such o contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the N 0 contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding U2 agreement, in whole or in part. L 37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, -6 3 memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take and measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, o N or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected 4 to discrimination under any program or activity, for which the Recipient receives Federal financial E assistance from DOT, including NHTSX. a 37.1.6 To insert this clause, includingallparagraphs, in ever sub-contract and sub-agreement and in Y 9 � every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. L 38. POLITICAL ACTIVITY (HATCH ACT) S r The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with a a e 16 of 30 Packet Pg. 179 4.L.a _ 0 federal funds. A E E 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE ci The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any in aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 0 L 40. STATE LOBBYING `o None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., 3: "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary LO is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative a) officials to favor or oppose the adoption of a specific pending legislative proposal. 0 41. CERTIFICATION ON CONFLICT OF INTEREST 41.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any 0 subaward, including contracts or subcontracts, in connection with this grant shall have, directly or 00 indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest `o would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has z N financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. c 41.2. Based on this policy: 41.2.1. The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The code or standards shall provide that the SUB-RECIPIENT's officers, employees, or agents may neither N solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub- awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other E a� disciplinary actions for violations, as permitted by State or local law or regulation. 41.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written cod( or standards of conduct. as M 41.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to °� perform under a grant or cooperative agreement, whose objectivity may be impaired because of any S related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. 0 page 17 of 30 Packet Pg. 180 4.L.a c 0 y E 41.3.1 . The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably o possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such cu conflict. ) r_ M 42. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all r communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: M Sara Wood Jerry Noviello swood@kentwa.gov jnoviello@wtsc.wa.gov c 253-856-5856 360-725-9897 ext. 0 L N r d 43. AUTHORITY TO SIGN 00 r_ The undersigned acknowledge that they are authorized to execute this Agreement and bind their g respective agencies or entities to the obligations set forth herein. W N O IN WITNESS WHEREOF, the parties have executed this Agreement. 2 U) L Kent Police Department N 4 N O N C d E Signature i a Printed Name L r Title E a a e 18 of 30 Packet Pg. 181 4.L.a c 0 .N N E E Date 0 U r Co WASHINGTON TRAFFIC SAFETY COMMISSION 2 c 0 r c Signature Lo ti to M Printed Name 0 0 0 Title a, N r d L r Date co 0 a� N O N C L 1p 4 N O N C d E 0 N L Q V CU L w r V Y Q a e 19 of 30 Packet Pg. 182 4.L.a c 0 y APPENDIX A E 0 U r Project Costs U) r_ L 0 BUDGET CATEGORY DESCRIPTION DIRECT Indirect Cost Indirect Total AMOUNT Rate Amount Budget Employee salaries and 3-year amount $255,000.00 0% $0.00 $255,000.00 benefits y � M Travel $0.00 0% $0.00 $0.00 �a Contract Services $0.00 0% $0.00 $0.00 M Goods and Services $0.00 0% $0.00 $0.00 N r Equipment $0.00 0% $0.00 $0.00 0 M TOTAL $255,000.00 $0.00 $255,000.00 '00' c 0 a� The budget for FFY2024 - FFY2026 is as follows: o October 1, 2023 - September 30, 2024: $85,000 U2 October 1, 2024 - September 30, 2025: $85,000 October 1, 2025 - September 30, 2026: $85,000 This grant provides funding for approximately 50% of an FTE at Kent Police Department, with some fund v� being used to pay for overtime expenses when the assigned staff person cannot complete required taskE o within their regular schedule. a� E a� Attendance and participation in relevant national or state traffic safety conferences and other relevant tra :3, g and workgroup opportunities must be pre-approved by the WTSC. Travel expenses related to events loc ;,1 outside the Puget Sound area will be reimbursed separately from the total contract amount listed here, ui 2 ;s agreed upon by both the WTSC and the SUB-RECIPIENT. L Important Notes: S r c a� 1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant fedE a a e20of30 Packet Pg. 183 4.L.a c 0 agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by y deducting the amount of the indirect rate increase from other budget categories so that the total budget d E not increase. U r 2. The total annual budget may not increase without a written amendment to this agreement executed by M both parties. 0 L 3. Adjustments between budget categories within the same year can be made upon mutual agreement o C contact for WTSC and the contact for the SUB-RECIPIENT. LO Objectives and Measures to L Goal 1 - Goal 1-1. Establish and maintain coalition(s) of traffic safety stakeholders. 0 L N r d Objective Objective Details Completion M 00 Identify coalitions throughout the region. c Objective 1. Identify existing coalitions that are Determine if any specifically address traffic M willing to address traffic safety. safety, and if not, would be willing to address 12/31/2023 W traffic safety as a subgroup. o Prioritize a coalition based on their willingness Objective 2. Prioritize and select a coalition to and capacity to address traffic safety. This 12/31/2023 IT engage in the 7-step process. coalition will serve as the primary coalition engaged in the 7-step process. N 4 N O Establish a purpose statement aimed at N improving traffic safety. If a purpose statement Objective 3. Determine coalition purpose. related to traffic safety has already been 03/31/2024 E established, review the statement to determine if it aligns with the group. a c Objective 4. Establish regular meeting Determine a regular meeting schedule, no less schedule. frequently than bi-monthly (every other month) 03/31/2024 meetings. c Engage in the value exchange mapping E �a a page 21 of30 Packet Pg. 184 4.L.a c 0 process with the coalition. This exercise Objective 5. Identify the value members bring and receive from the coalition. reveals the value coalition members contribute 03/31/2024 to the coalition and what they hope to receive 0 as a result in participating in the coalition. r a� 0 Ensure coalition members have the knowledge co and skills necessary to improve traffic safety. Capacity building opportunities might include Objective 6. Build the capacity of the coalition traffic safety concerns (including WTSC 09/30/2024 r members to address traffic safety. dashboards), safe system approach, disparities in traffic safety, traffic safety culture, N social ecology, 7-step process, role of coalitions. LO ti to Regularly engage and seek input from coalition members as well as stakeholders Objective 7. Maintain engagement among who are unable to attend coalition meetings or coalition members and other stakeholders. are outside of the area of focus. This may 09/30/2024 include one-on-one meetings, phone calls, 0 informational list-servs, etc. N r a� L Reporting Measure Type Targi 00 Frequency 0 as Number of coalition meetings. Quarterly Process 4 N O Number of coalition capacity building opportunities. Annual Process 4 N c 0 L Goal 2 - Goal 1-2. Identify, recruit, and engage new stakeholders across the region it traffic safety efforts. o N C d E d Objective Objective Details Completion Di a First, determine which sectors, demographics, Objective 1. Brainstorm potential stakeholders and level of the social ecology should be by sector, demographics, and level of the prioritized in your recruitment process. Next, 12/31/2023 social ecology. identify stakeholders, by name, that fit within c those categories. W E Stakeholders will engage at varying levels and �a a page 22 of 30 Packet Pg. 185 4.L.a c 0 .N your investment in keeping them engaged will Objective 2. Prioritize stakeholders to recruit also vary. Determine which stakeholders you E and those to keep informed. will fully engage and those that you will keep 03/31/2024 U informed based on their level of interest and r assets. 0 co Recruit the stakeholders identified. Be clear Objective 3. Recruit new stakeholders. about what you are asking of or offering each 09/30/2024 individual. Describe the coalitions purpose 0 r and inquire about their interest and needs. 0 Measure Reporting Type Targi ti Frequency t, n Number of stakeholders recruited. Annual Outcome 10 a� 0 c 0 0 Goal 3 - Goal 1-3. Raise awareness among and seek input from community member; N and organizations across the region through attending meetings/conferences and L delivering presentations to foster engagement with traffic safety efforts. 00 0 Objective Objective Details Completion Dz N 0 Create and deliver at least four (4) N presentations to raise awareness among the Objective 1. Deliver at least four (4) public about traffic safety issues. These a� presentations should include two-way 09/30/2024 presentations to community members. communication and listening to participants' N 4 input and feedback. These might be within the o area of focus or within the larger region. c as Create and deliver at least four (4) presentations to organizations that play a role a in improving traffic safety. Examples include schools, healthcare organizations, law c enforcement agencies, planning organizations, Objective 2. Deliver at least four (4) etc. Information might include raising r presentations to key organizations (e.g., awareness of traffic safety issues and how that 09/30/2024 school, healthcare providers). organization can contribute to improving traffic c safety. These presentations should include E �a a page 23 of 30 Packet Pg. 186 4.L.a c 0 two-way communication and listening to y participants' input and feedback. These might E E be within the area of focus or within the larger 0 U region. r a� 0 Attending local, state, and national co Objective 3. Represent WTSC at local, state, meetings/conferences provides opportunities or national meetings/conferences and act as to grow skills and knowledge as well as 09/30/2024 an ambassador advancing the WTSC represent the WTSC to advocate for traffic o priorities. safety and WTSC priorities. 0 Reporting Measure Type Targi Frequency ti to n Number of presentations to community members. Quarterly Process 4 0 c Number of presentations to key organizations. Quarterly Process 4 0 L N r d Goal 4 - Goal 1-4. Develop expertise in improving traffic safety. 00 0 Objective Objective Details Completion Dz N O The WTSC will provide training and skill T_ Objective 1. Attend training events required by building opportunities to increase the capacity 09/30/2024 c WTSC. to address traffic safety related issues. Attendance at these events is required. 0f 0 Attendance and participation in relevant N national or state conferences and other CD N Objective 2. Seek out training opportunities to relevant training and workgroup opportunities 09/30/2024 a build knowledge, skills, and abilities. is encouraged. Requests for reimbursement E for training or events must be pre-approved by the WTSC. a c as a� 0 L r Goal 5 - Goal 1-5. Report on progress and activities through in person meetings, virt meetings, and written reports. a page 24 of 30 Packet Pg. 187 4.L.a c 0 .N N E Objective Objective Details Completion M o U Objective 1. Submit current Stakeholder Complete the Stakeholder Summary Tool Summary Tool. describing coalition activity, stakeholder 12/31/2023 engagement, and presentations delivered. 0 L Complete the Stakeholder Summary Tool Objective 2. Submit current Stakeholder describing coalition activity, stakeholder 03/31/2024 0 Summary Tool. engagement, and presentations delivered. 0 Objective 3. Submit current Stakeholder Complete the Stakeholder Summary Tool Summary Tool. describing coalition activity, stakeholder 06/30/2024 0 engagement, and presentations delivered. M L Objective 4. Submit current Stakeholder Complete the Stakeholder Summary Tool Summary Tool. describing coalition activity, stakeholder 09/30/2024 engagement, and presentations delivered. 0 L Objective 5. Submit other required reports Complete all reports required by the WTSC, when due, including updating WEMS each including updating appropriate objectives each 09/30/2024 T month. month and quarterly and final reports. IM 00 c 0 0 W W N Goal 6 - Goal 2-1. Complete a traffic safety assessment. U) L Objective Objective Details Completion DE 3 4 Using WTSC dashboards and other resources, o capture local traffic safety data including those Objective 1. Complete the data review portion related to cultural factors (shared values and 06/30/2024 of the traffic safety assessment tool. beliefs), behaviors, prevalence, and consequences in the traffic safety assessment tool. a c Using the WTSC dashboards, other resources, and the input of coalition members and focus r Objective 2. Identify specific communities and populations (including under-represented 5 populations), identify communities and 06/30/2024 populations overrepresented in the data. W populations experiencing more negative E �a a page 25 of 30 Packet Pg. 188 4.L.a c 0 outcomes related to traffic safety. Add this to y the traffic safety assessment tool. E E 0 U With the coalition, identify current r Objective 3. Identify the current portfolio of strategies/countermeasures taking place to strategies/countermeasures taking place to 06/30/2024 improve traffic safety within the area of focus. improve traffic safety. Once completed, map these strategies. L Submit the completed traffic safety o Objective 4. Submit the traffic safety assessment tool highlighting local traffic safety assessment tool. data as well as current 09/30/2024 E strategies/countermeasures taking place within the area of focus. LO ti to M L Goal 7 - Goal 3-1. Establish shared priorities for traffic safety in the assigned county/region. o N r d L Objective Objective Details Completion Di �T- 00 c Identify which traffic safety issue(s) you will 0 Objective 1. Complete a prioritization process 0 to determine priority traffic safety issues. address by engaging the coalition in a process 09/30/2024 using the Prioritization Tool. o Objective 2. Submit the Prioritization Submit the completed Prioritization Summary. 09/30/2024 Summary. L 0 4 N O Goal 8 - Goal 4-1. Select strategies/countermeasures and develop logic models and implementation plans. L Q Objective Objective Details Completion DE a� c� Review and develop shared understanding of ; Objective 1. Develop shared understanding the logic models for each required with coalition and relevant stakeholders of the strategy/countermeasure. Understanding how 09/30/2024 logic models for each required strategies / a strategy/countermeasure achieves outcomes E �a a page 26 of 30 Packet Pg. 189 4.L.a c 0 countermeasures. (represented in a logic model) is critical to y improving implementation. E E 0 U Review implementation plans provided by r Objective 2. Complete implementation plan(s) WTSC with coalition and stakeholders. Identify for required strategies/countermeasures with opportunities to ensure and/or improve 09/30/2024 2 effectiveness during implementation. Identify coalition and relevant stakeholders. who is completing each task and the appropriate timelines. o 0 c Identify and review possible resources (e.g., N Countermeasures that Work, WTSC's Objective 3. Identify potential strategies / Strategic Highway Safety Plan, resources from LO partners, research) and identify potential ti countermeasures to change the behaviors strategies/countermeasures to change priority 09/30/2024 to identified within traffic safety priority area(s). traffic safety behaviors. This may include working with the appropriate WTSC Program Manager(s). 0 0 L For each strategy/countermeasure identified, N discuss with coalition members and stakeholders its feasibility (can the 0f Objective 4. Review potential strategies / strategy/countermeasure be implemented countermeasures with coalition and 09/30/2024 00 successfully) and viability (will it last). C stakeholders to assess feasibility and viability. 0 Understanding feasibility and viability can inform which strategy/ countermeasure to implement. o Based on feasibility, viability, and other Objective 5. Select one or more strategies / relevant considerations, select one or more 09/30/2024 L countermeasures. strategies / countermeasures to implement. For each strategy/ countermeasure selected, o develop a logic model describing how that N Objective 6. Develop logic models for each strategy/countermeasure will achieve desired strategy/ countermeasure selected. outcomes. Developing a shared understanding 09/30/2024 about how a strategy/ countermeasure results in desired outcomes is critical to successful a implementation as it may have to be adapted. a� a� For each strategy/countermeasure selected, Objective 7. Develop an implementation plan r develop a plan detailing how that strategy/ for each strategy/countermeasure and secure countermeasure will be implemented (funding 09/30/2024 7 necessary resources. tasks, lead staff, timelines, etc.). E �a a page 27 of 30 Packet Pg. 190 4.L.a c 0 .N Objective 8. Update the portfolio of strategies / Revise the portfolio map created in Goal 2-1, E countermeasures to reflect new and/or revised Objective 3 based on new strategies / 09/30/2024 o strategies. countermeasures selected and remove those ) that are no longer taking place. r a� 0 Submit the completed Implementation Plan Objective 9. Submit Implementation Plan Summary Tool including logic models for each Summary Tool. strategy/ countermeasure and their 09/30/2024 associated implementation plan(s). r c Measure Reporting Type Targi Frequency LO ti to M Number of implementation plans developed. Annual Process 1 L C� G Goal 9 - Goal 5-1 : Pilot test communications. o 0 N r d L Objective Objective Details Completion Di � c With a small subset of the focus population 0, (including key stakeholders), pilot test all Objective 1. Pilot test all communications public communications developed by the TZM. 09/30/2024 Qr developed. This may include materials for High Visibility L? Enforcement campaigns, community education pieces, media campaigns, etc. ai Objective 2. Submit summary of pilot testing Each quarter, submit a copy of the pilot testing 09/30/2024 each quarter. summary with your quarterly report. N 0 N C d Measure Reporting Type Targi Frequency a Number of communication pieces pilot tested. Quarter) Process 4 p p Y � a� a� L r Goal 10 - Goal 6-1 : Execute the implementation plan(s) and guide the conversations created. E a page 28 of 30 Packet Pg. 191 4.L.a c 0 .N N E E Objective Objective Details Completion Dz 0 r Execute the implementation plan for each strategy/countermeasure. Track progress on N the plan as the strategy is implemented. Objective 1. Execute implementation plans Document whether the strategy/ 09/30/2024 and track progress. countermeasure is being implemented o according to plan and/or if changes were necessary. 0 Conversations often arise as strategies countermeasures are implemented. These o conversations may occur among those Objective 2. Guide conversations created implementing the strategy, key stakeholders, 09/30/2024 during implementation. and the focus audience. Be in a position (you 0 and/or coalition members) to guide the conversations and answer questions that 0 L arise. 0 N r d L Reporting Measure Fre uenc Type Targi 0 q y 0 a� Number of strategies / countermeasures being implemented. Annual Outcome 3 N O L? Goal 11 - Goal 7-1. Assess execution of implementation plans and coalition member satisfaction and engagement. 4 N O N Objective Objective Details Completion DE a E 0 Respond to the reflection questions on the 0), tM Objective 1. Assess execution of the bottom of the Implementation Plan individually < , implementation plan. and with those involved in implementing the 09/30/2024 c strategies/countermeasures. Revise a) implementation plans if necessary. W r c Gather feedback from members on aspects of Objective 2. Assess coalition functioning with coalition functioning such as planning and 09/30/2024 E the coalition survey. implementation, leadership, engagement, �a a page 29 of 30 Packet Pg. 192 4.L.a a 0 communication, etc. A N E E Summarize the findings from the survey on the c0 Objective 3. Submit updated Implementation Coalition Survey Summary Tool and submit it 09/30/2024 r Plan and Coalition Survey Summary Tool. along with the updated Implementation Plan. 0 Measure Reporting Type Targi Frequency 0 r c Number of respondents to coalition survey. Annual Process 10 N 0 LO ti �o M L C� G 0 L N r d L r 00 0 N� N O N C L 7 4 N O N C d E d N L Q V L r E V Y Q page 30 of 30 Packet Pg. 193 4.M PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Consultant Services Agreement with Fehr and Peers, Inc. for the Local Road Safety Plan Update - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Fehr and Peers, Inc. in an amount not to exceed $306,910, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Transportation Engineering staff completed the 2022 Kent Local Road Safety Plan (LRSP), which lays out an evidenced-based analysis of crashes, with recommendations for spot improvements at top crash locations. Earlier this year, city staff partnered with Puget Sound Regional Council and several other cities to apply for a federal, Safe Streets and Roads for All (SS4A) grant. This grant allows the city to update the LRSP and enhance the document to make more city projects eligible for additional federal grants. Following award of the SS4A grant the city released a request for proposals to update the LRSP. Two qualifying responses were received. Following an interview process conducted in July 2023, Fehr and Peers, Inc. was selected to provide consultant services to the City for analysis and support of the update to the LRSP. This update includes 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. As noted, this update will enable the City to qualify and compete for additional federal funding. BUDGET IMPACT: No impact. The project is funded through a federal grant agreement administered by the Puget Sound Regional Council (PSRC) authorized by Kent City Council on July 18, 2023. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 194 4.M Thrivinci 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. Consultant Services Agreement- Local Road Safety Plan - Fehr and Peers (PDF) Packet Pg. 195 4.M.a KENT WISH IN c r o n CONSULTANT SERVICES AGREEMENT L between the City of Kent and 3 Fehr and Peers, Inc. E THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located and doing a business at 1001 4th Avenue, Suite 4120, Seattle WA 98154, Contact: Kendra Breiland, Phone: 206-576- 4220 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. in r c The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: ) c 0 U The Consultant shall assist in the update of the Local Road Safety Plan. For a description, plese see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by M this reference. V) L 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 Ui time those services are performed. 0 II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in a. p 9 9� >, Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the w work described in Section I by August 30, 2024. in III. COMPENSATION. 0 A. The City shall pay the Consultant, based on time and materials, an amount not to exceed o Three Hundred Six Thousand, Nine Hundred Ten Dollars ($306,910), for the services —J described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services a, contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year N from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. m B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any N 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 U effort to settle the disputed portion. m E C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an r alternative to payment by check and is available for the convenience of the Consultant. If the Q CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 196 4.M.a 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. c 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 Ui accordance with Ch. 51.08 RCW, the parties make the following representations: 3 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. E m as B. The Consultant maintains and pays for its own place of business from which the t Consultant's services under this Agreement will be performed. m C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City cn retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that �° involved under this Agreement. u3, c 0 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 Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the a Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. L F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. c 0 a. 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 this Agreement. After termination, the City may take possession of all records and data within the (n Consultant's possession pertaining to this project, which may be used by the City without restriction. If the 0 City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal �0 exposure to the Consultant. 0 VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure J 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 E delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their a 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 protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. r c If any future performance is prevented or delayed by a force majeure event, the party whose +° performance is prevented or delayed shall promptly notify the other party of the existence and nature of ) the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be o effective only to the extent and duration of the force majeure event causing the prevention or delay in v performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. E Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City r shall not be liable for, the payment of any part of the contract price during a force majeure event, or any Q CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 197 4.M.a 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. c 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 Ui 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 3 extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its a obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be E borne by the Consultant. a� VII. DISCRIMINATION. In the hiring of employees for the performance of work under this y Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the 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 N is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. ) c 0 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 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 N negligence. a) m a- The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. L Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, u- then, in the event of liability for damages arising out of bodily injury to persons or damages to property c caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, a. employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's 2 negligence. cn 0 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION �0, PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL R INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES o FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. J In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was E made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then a the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. m U) The provisions of this section shall survive the expiration or termination of this Agreement. 0 IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, ) insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. o c.� X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable a accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under E this Agreement. 0 r a CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 198 4.M.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 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 3 anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. E m as XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor t with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. as XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall n be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to v materials, tools, or other articles used or held for use in connection with the work. co XIV. MISCELLANEOUS PROVISIONS. M A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its a contractors and consultants to use recycled and recyclable products whenever practicable. A price a preference may be available for any designated recycled product. c� B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this UT Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. .2 C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and T construed in accordance with the laws of the State of Washington. If the parties are unable to settle any cn dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means 0 of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules �° and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the o parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred J in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's E right to indemnification under Section VIII of this Agreement. L 01 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at N the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent ,3n 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 without additional written consent. c m E F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the r Consultant. Q CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 199 4.M.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any Ui language contained in this Agreement, the terms of this Agreement shall prevail. 3 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 4' business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. a N I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may in be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. n c 0 I City Business License Required. Prior to commencing the tasks described in Section I, v Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the co Kent City Code. M U) L L U- a. yr d W 0 W R V 0 J C d E d d L Q V v/ r 0 V r c� C V r a CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 200 4.M.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. U- r IN WITNESS, the parties below execute this Agreement, which shall become effective on 3 the last date entered below. All acts consistent with the authority of this Agreement and prior a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed E to have applied. L a CONSULTANT: CITY OF KENT: c0i a� By: By: c Print Name: Print Name: Dana Ralph of c 0 Its Its Mayor v DATE: DATE: M L NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: a c CONSULTANT: CITY OF KENT: L Kendra Breiland, AICP Chad Bieren, P.E. a_ Fehr & Peers, Inc. City of Kent 1001 4t" Avenue, Suite 4120 220 Fourth Avenue South a Seattle, WA 98154 Kent, WA 98032 w m (206) 576-4220 (telephone) (253) 856-5600 (telephone) cn K.Breiland@fehrandpeers.com (email) PublicWorks@KentWA.gov (email) 0 W APPROVED AS TO FORM: o J C d E Kent Law Department a� a ATTEST: m m Kent City Clerk r c 0 U r c m E t r r Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 201 4.M.a DECLARATION c CITY OF KENT NON-DISCRIMINATION POLICY L as U_ The City of Kent (City) is committed to conform to Federal and State laws regarding equal 3 opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • 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); c • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs N Of The Department Of Transportation-Effectuation Of Title VI Of The Civil c Rights Act Of 1964); U c� • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement M of Title VI of the Civil Rights Act of 1964). L • Ch. 49.60 RCW (Washington Law Against Discrimination) (L c L The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, cn subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined mo below, it will be considered a breach of contract and it will be at the City's sole determination 0° regarding suspension or termination for all or part of the Agreement. 0 J The statements are as follows: a� 1. I have read the attached City of Kent administrative policy number 1.2. L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, N race, color, national origin, age, or the presence of all sensory, mental or physical disability. a� 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. U) 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and U promotion of women and minorities. a� E 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 202 4.M.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 L programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they U- may be amended from time to time, which are herein incorporated by reference 3 and made a part of this contract. a� E B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national a origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or 2 indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and c Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this i contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. a c D. Information and Reports: The contractor will provide all information and reports L required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the a Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information Cn 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 c Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. o J 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 E sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a a� a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of 0 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, Q EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 203 4.M.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. L t a� 6. During the performance of this contract, the contractor, for itself, its assignees, and U_ successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: a� E a� L 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 N 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and ci projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination M on the basis of sex); ;n iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, a (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.), L (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 a sex); r a� vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by �° expanding the definition of the terms "programs or activities" to include all of the Fu programs or activities of the Federal-aid recipients, sub-recipients and contractors, � whether such programs or activities are Federally funded or not); r_ viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination E d on the basis of disability in the operation of public entities, public and private ;v En transportation systems, places of public accommodation, and certain testing entities a Cn (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation 0 regulations at 49 C.F.R. parts 37 and 38; it ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); r X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority N c Populations and Low-Income Populations, which ensures Non-discrimination against 0 minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on E minority and low-income populations; r r Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 204 4.M.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure 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); U- xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from 3 discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) a� a 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. .2 By signing below, I agree to fulfill the five requirements referenced above. c U) By: o U For: co to M Title: U) L Date: a c L U- a. yr d W Cn 0 W R V 0 J C d E d d L Q V v/ r 0 U r c� E V r a EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 205 4.M.a CITY OF KENT ADMINISTRATIVE POLICY c L NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 3 r c m E m as L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 a N d APPROVED BY Dana Ralph, Mayor as POLICY: r c Equal employment opportunity and non-discrimination in contracting requirements for the City of N Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and c suppliers of the City must guarantee equal employment opportunity within their organization and, U if holding Agreements with the City amounting to $10,000 or more within any given year, must to take the following affirmative steps: L 1. Provide a written statement to all new employees and subcontractors indicating a commitment as an equal opportunity employer, a c 2. Actively consider for promotion and advancement available minorities and women. a� U- 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 a Policy Declaration, prior to commencing performance. aT w M Any contractor, subcontractor, consultant or supplier who willfully disregards the City's Cn nondiscrimination and equal opportunity requirements shall be considered in breach of contract c and subject to suspension or termination for all or part of the Agreement. W Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public � Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. E a� a� L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a regulations are familiar with the regulations and the City's equal employment opportunity policy. as 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 0 v r c m E r a EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 206 Exhibit A FEHR PEERS L U_ Date: August 15, 2023 c m To: David Paine E m a� From: Taylor Whitaker, Kendra Breiland; Fehr & Peers Q Subject: Scope for Kent Local Road Safety Plan Update a� r c c� The Fehr& Peers team will refine and finalize the work plan, budget, and schedule, as well as N c manage day-to-day operations for the contract. In addition to regularly scheduled meetings, 0 routine communication and close coordination with City staff will be critical to help the project r- progress smoothly, on time, and within budget. ttoo M The purpose of the Local Road Safety Plan (LRSP) update is to incorporate the most recent U' a� available data and expand recommended strategies to reduce severe and fatal crashes over a a wider geographic area.Tasks will include educating stakeholders on the Safe System Approach, c� collect input on proposed mitigation and prioritization using an equity lens, and translate this input into recommendations.The end result will be an updated Kent LRSP that qualifies as an ii action plan for the USDOT Safe Streets and Roads For All program. c IL Task o: Project Management w To facilitate close communication with the City team, the Consultant will host a one hour virtual kick off meeting to review scope, schedule, and budget and discuss key priorities for this project. 0 W The Consultant will work with the City's project manager to schedule and host twice-monthly o check-in coordination calls over the course of this 11-month process to foster frequent J communication on emerging project needs and ensure the project scope, schedule, and budget are effectively managed. m L The Consultant will prepare agendas for all meetings and propose maintaining a shared a document (e.g., Sharepoint, OneDrive, Google Docs) for ongoing coordination meeting notes that can be easily referenced by all parties. Throughout the project, the Consultant will produce and maintain a project schedule confirming meetings, project deliverables, and review deadlines. r Monthly progress reports will be provided with each invoice outlining tasks accomplished and deliverables provided in the monthly billing cycle. N c 0 This scope also includes 'direct costs' which covers project overhead costs such as printing, data v r communications, travel, and other expenses necessary to successfully implement the project. E r a Packet Pg. 207 Exhibit A City of Kent August 15, 2023 Page 2 of 11 c L U_ Deliverables: 3 r • One hour virtual kick off meeting • Twice-monthly check in coordination calls m as • Monthly progress reports a Assumptions: • Project management hours will be billed through tasks 14 rather than as a separate task. c c� Task 1: Safe System Approach N r_ O Task 1.a Trends in Data, Identify High Risk Corridors) Safe Systems Approach v Outreach and Translation o �o M Trends in Data L Kent will conduct an analysis of trends in collision data and perform the systemic safety analysis a and provide a GIS database to the Consultant with processed collision data. c� L Identify High Risk Corridors W u_ The Consultant will perform a geospatial identification (geographic or locational data using maps) of higher risk locations by mode to identify High Risk Corridors for the City. The deliverable for a this task will be a map of the Kent High Risk Corridors by mode, a list of the prioritized corridors, w and a geodatabase of the data. Safe Systems Approach Outreach and Translation G Engagement Plan o J The Kent LRSP will be shaped by an inclusive engagement effort reflective of the full range of Kent residents, businesses, and visitors. The Consultant will begin by developing a foundational E engagement plan that outlines strategies and tools to meaningfully involve residents, businesses, m L and visitors, building off relationships built throughout the Transportation Master Plan. Modeled a on the outreach plan delivered by the consultant for the Kent Transportation Master Plan, the public engagement plan will include an outline of the recommended outreach process to provide m a roadmap for the public engagement throughout the project.This will include when to engage r the public in the process, key questions to ask at each stage, and outreach activities and channels (and may include innovative strategies for web promotion) and administration of the direct compensation for participation in Tasks 2 and 3 0 v r As part of the outreach plan, the Consultant will identify which materials should be translated to 0 best serve community conversations. t U r a Packet Pg. 208 Exhibit A City of Kent August 15, 2023 Page 3 of 11 c L U_ This scope assumes translating three (3) one-page documents at key points in the plan development: two fact sheet/flyers that will cover the beginning, middle, and end products; and 3 r one poster into six (6) languages (Spanish, Punjabi, Ukrainian, Vietnamese, Chinese, Tagalog). Online materials will be supported by Google Translate options for engagement in multiple L languages. If through the course of this outreach process, the City identifies a need for live Q interpretation or additional translation of materials, the Consultant will develop a separate scope and fee to cover this additional effort. as Deliverables: r c c� • A map of the Kent High Risk Corridors by mode, a list of the prioritized corridors, and a N geodatabase of the data. 0 • Public engagement strategy plan and Fact sheet,translations and online materials. v to co Assumptions: MM.. U) • The City will provide the Consultant with the following GIS data: o Roadway segments feature class (L o Processed collision data in excel and GIS format c� L Task 2: Task Force Assignment Task 2.a Council or Mayor Task Force a Having a Target Statement to commit to an eventual goal of zero fatalities and serious injuries will w be critical to securing grant funding through the Safe Streets for All program. To support the in development of this Vision Statement, the Consultant will facilitate a two-hour workshop to c develop this statement. The Consultant will present examples from other similarly situated W R communities that have successfully developed Vision Zero and Target Zero programs. 0 0 J The City of Kent is forming a stakeholder technical advisory group (TAG), which will include a c combination of Kent staff, other agencies, key stakeholders, and residents that are interested in E addressing and improving safety in Kent. The Consultant will lead up to three meetings of the stakeholder group to inform and discuss community priorities for transportation safety, confirm a key corridors and safety countermeasures, and develop buy-in of the draft plan materials. Deliverables: m • Agendas and other materials for the Target Zero workshop and TAG meetings, which r may include handouts,figures, maps, PowerPoint presentations, notes and meeting summaries, etc. U) • Up to four members of the Consultant team will be present at three meetings and one 0 workshop. v r c Assumptions: E L) 0 r a Packet Pg. 209 Exhibit A City of Kent August 15, 2023 Page 4 of 11 c L U_ • It is assumed that City staff will determine the attendees invited to the Target Zero workshop and the TAG meetings. 3 r • The City will determine whether the full TAG will participate in the Target Zero statement workshop. E • City staff will also advise on whether the meeting should be in-person or virtual. For budgeting purposes, we have assumed that the meetings will be in person. a • Up to four meetings will be held, including one workshop to develop a target zero goal. If additional meetings are requested by City staff, the Consultant will put a separate scope together on a cost and materials basis. in • The Target Zero statement workshop will last two hours, other meetings are anticipated c c� to last one and a half hours long. +' • Consultant team will prepare all materials for the Target Zero workshop and TAG c meetings. U • City staff will be responsible for recruiting TAG members, identifying a meeting space, and confirming participation. M • The project team will follow guidance provided by the City, considered in alignment with U) PSRC and the Washington State Office of Equity for compensating ongoing participation L_, and one-time engagement activities involving non-staff. a Task 2.b Alternatives Development I Local Road Safety Plan Methodology L From the subset of high risk corridors and processed collision data received from City staff, the Ui Consultant, in conjunction with City staff, will support up to ten priority project locations consisting of hot spots, sub-corridors, or small zones. The project priority locations will include a a mix of"quick build" projects that can be deployed quickly to address crashes and larger-scale w projects that are more costly and complex to implement, but can address more crashes or crashes in that cannot be addressed through a quick build. This scope includes developing the priority c project location list/map in a two-hour workshop with City staff. W R The Consultant will collaborate with City staff to identify a list of Priority Projects, which will be � based on the results of the collision analysis, collision profile, community engagement, and m systemic evaluation tasks.These locations may include a combination of hot spot locations, key E m collision corridors, and locations identified as having greater potential for future collisions a� through the systemic evaluation. a m Deliverables: as • Identification of up to ten priority project locations in a list and map format Task 2.c Sidewalk Prioritization in GIS N c 0 In conjunction with City staff, the Consultant will identify, formulate and recommend projects and v r other improvements to create a prioritization framework to eventually make walking in Kent easier, comfortable, and connected. The Consultant will evaluate the existing pedestrian U r a Packet Pg. 210 Exhibit A City of Kent August 15, 2023 Page 5of11 c L U_ environment and comfort level using data by utilizing a methodology that identifies the relationship between the built environment, infrastructure connectivity, and pedestrian travel 3 r patterns. Community feedback shall be factored in to select the focus areas.The features listed below may be factored into this task: L • Pedestrian Safety and Barriers (Pedestrian collisions, access to/distance between barrier a N crossings such as high-volume arterials, distance between crosswalks, missing sidewalks) • Connectivity to Community Facilities (Nearby land uses and major trip generators including downtown, schools, parks, major trails, senior housing, public facilities, r hospitals, colleges, government centers, etc.) • Connectivity to Transit(Access to transit stops) ' c • Continuity of Sidewalks (Presence and quality of sidewalks) v • Community Support(Public outreach feedback) to • Equity(Kent Equity Layer) to M Deliverables: U) a� m (L • A geodatabase with the ranked sidewalk recommendations map. c • A brief, replicable summary of the methodology used. L Assumptions: City will provide the available data including: a_ c • Bus stop facilities a • Existing and missing sidewalk inventory JT • RRFB and HAWK Locations c U) • Collision data for the past 5 years • Land uses and major trip generators G W • In progress active transportation projects, planned developments, and adopted plans • Schools o J • Parks and trails }, c m E m Task 3: Multilingual, Inclusive Engagement a Task 3.a Stakeholder Engagement, Translation Services and Public Engagement Report as Stakeholder Engagement r c Steered by the engagement plan and guided by internal partners and local community-based organizations, the scope includes the Consultant conducting three city-wide phases of c engagement.These will be timed to align with and support the work: v r c m E t r a Packet Pg. 211 Exhibit A City of Kent August 15, 2023 Page 6 of 11 c L U_ • Listening and Learning—Understanding that data often captures crash information once it is too late, develop an outreach plan that listens to community members and learns 3 r from their anecdotes on near-miss locations, perceived safety, and ideas for improvement. a� • Integrating Community Input—After working with the data (both quantitative and qualitative), return to the community to share what has been learned and confirm that y feedback has been accurately captured. • Project Prioritization—Return to the community to share initial ideas for projects and prioritization based on the community's priorities established in the TMP, and updated r c from a safety lens. 1g U) The Consultant will use a range of tools throughout each phase to involve people and provide the c planning team with a community lens to inform their work. This task will include attendance at v three public meetings such as community meetings, commission meetings, and/or council too meetings, and up to 40 hours of staff support to prepare materials for community engagement. U) L 3.a.1. In-Person Engagement a Kent is a diverse community with businesses and residents that reflect different ethnicities, cultures, and primary languages. Outreach activities to "hard to reach" groups are anticipated to a� include a range of activities. The Consultant will identify in-person engagement opportunities to U.- meet people where they are, rather than asking people to come to an open house meeting. The Consultant will work with the City to plan up to six (6) pop-in safety-focused discussions with a community members. w The Consultant will develop a set of three boards and two activities to engage with community members, as well as directing them to online engagement opportunities. The scope includes up W to six (6) opportunities for in-person engagement (e.g. grocery store tabling, Farmers Market pop-ups, meeting at established community events, partnering with faith-based organizations for � a focus group, etc.) that will largely be staffed by the City. Of these events, the scope assumes the Consultant staffing three (3) tabling events. m m L The Consultant will work with the City to identify locations and audiences for pop-up events or a focus groups designed to serve traditionally underserved communities. Through the consultant team, community based organizations identified under Task is may be included as sub-contractor and compensated on a per-meeting basis. in r c Deliverables: U) c • Pop-up materials including electronic copies of poster boards and PDF files of hand-outs v • Foam-core or similar reusable backer boards r c m Assumptions: L) r a Packet Pg. 212 Exhibit A City of Kent August 15, 2023 Page 7 of 11 c L U_ • City staff will assist with staffing public outreach events _ • City staff will print any flyers or hand-outs and poster boards 3 r • Up to$6,000 in direct compensation for hosting/engaged community-based organizations and non-staff/agency individual stakeholder incentives, such as as grocery gift cards of a nominal value, is included. a 3.a.2. Online Webmap To collect additional information from members of the public, the Consultant will develop a user- cn friendly, online interactive map where community members can provide input on potential needs c� and improvements in specific locations, as well as a corresponding survey for open-ended comments. c 0 U City staff will review and comment on the draft survey and web map, and the Consultant team will make up to one round of edits. After enough time has passed to allow the public opportunity to M register comments on the website, the Consultant will close the interactive web map for N additional comments, and the Consultant will analyze the results. a As part of the TMP development, an online webmap was used as a tool to guide community c c� conversations and receive input on priority locations. As part of the analysis of results, the Consultant will review comments from the previous webmap to identify similar trends related to Ui potential transportation related safety issues and opportunities. IL The Consultant will use this survey and webmap to incorporate into the final priority locations and m incorporate this information into the final plan. Deliverables: 1° 0 W • Online web mapping application 0 J 3.a.3. Translation Services m This scope includes translating one fact sheet/flyer and one poster into six (6) languages (Spanish, Punjabi, Ukrainian, Vietnamese, Chinese, Tagalog). The translated materials will be available for a City staff to use to recruit Task Force members, including Kent community members who do not v, m speak English as their first language. Online materials will be supported by Google Translate options for engagement in multiple languages. If through the course of the outreach, the City identifies a need for live interpretation or additional translation of materials, the Consultant will develop a separate scope and fee. U) c Deliverables: 0 U r • Translation of one fact sheet and one poster into six(6)languages m E t 0 r a Packet Pg. 213 Exhibit A City of Kent August 15, 2023 Page 8 of 11 c L U- Assumptions: 3 • Google Translate will provide translation for online materials m • Languages assumed in the six(6)scoped languages:Spanish, Punjabi, Ukrainian, E m Vietnamese, Chinese, Tagalog • Live translation services or additional translated materials would require an amendment a N to this agreement 3.a.4. Public Engagement Report in r c The Consultant will create a document that summarizes the outreach efforts that were conducted f° as part of this project, including a description of outreach events and meetings, communities of U) emphasis, and collected feedback. The deliverable for this task will be a draft and final public U engagement report. to to Deliverables: U) L • Draft Public Engagement Report a • Final Public Engagement Report c c� L Assumptions: u_ • The Final Public Engagement Report will respond to a single round of consolidated edits from City staff received on the Draft Public Engagement Report a m Task 4: Equity Impact Analysis and Action Plan Task 4.a Equity Impact Analysis 0 The Consultant will lead an Equity Impact Assessment of the developed projects and strategies to 0 0 highlight how the safety needs of underserved/disadvantaged populations and neighborhoods —J are being prioritized. The analysis will be grounded in the equity framework developed in the Transportation Master Plan, which will inform the priority project development process.The E m equity framework will identify specific priority groups and populations and evaluate how these priority groups/populations are being considered by the plan, both in terms of engagement and N related to crash risk. It will outline how equity could be incorporated in each step of the project delivery, as well as how equity will be considered as part of project implementation. r The equity impact analysis will consider both quantitative and qualitative inputs. The Consultant, in close collaboration with the City, will draw on approaches for similarly situated communities N and available data for quantitative analysis in determining the preferred approach. These may �o include USDOT-developed and endorsed tools such as Equitable Transportation Community c Explorer and Economic Justice Screening Tool, integrating the City's TMP-derived underserved m E populations demographics, other locally-available data, and other equity indices developed at the 0 r a Packet Pg. 214 Exhibit A City of Kent August 15, 2023 Page 9 of 11 c L U_ regional and state level. The agreed upon approach will then be applied to inform project recommendations and strategies. The Consultant will engage as part of Task 2 with the project 3 r team to determine how inputs derived from stakeholder engagement will be used for in the equity analysis. The Consultant will review information gathered from community members and L stakeholders to inform project recommendations and strategies. The Consultant will deliver an a Equity Impact Assessment narrative and graphics based on the Safe System approach, data analysis, engagement from the community and stakeholders to assess the equity impact of the proposed projects and strategies. r c Deliverables: U) • An Equity Impact Assessment, narrative and graphics with descriptive population c characteristics demonstrating the equity impact assessment of the proposed projects v and strategies. to Assumptions: i W m • City staff will be engaged in selecting the appropriate metrics and approaches to guide a the equity impact analysis. L U_ Task 4.b Prioritize Projects, Programs, and Strategies Scoping and Development of Prioritized Safety Projects a, a� w Prioritize Projects, Programs, and Strategies Cn The Consultant will evaluate programmatic strategies and projects to determine how well they c address the needs of populations and geographies identified in Task 4.a. Recommended projects R will be overlaid with equity data to identify those that should be prioritized for more equitable o J outcomes. Projects will also be evaluated and prioritized based on how well they are likely to }, c serve the needs of specific populations (e.g., vulnerable road users, older adults, persons with E disabilities). The evaluation of projects based on how they address the needs of underserved L populations will be summarized in an equity analysis matrix. The Consultant will work closely with M Q City staff to integrate this evaluation with the larger project prioritization process. The Consultant will collaborate with City staff to identify potential time ranges when the prioritized projects and strategies could be deployed.This discussion will consider funding and other administrative realities, as well as findings from the systemic analysis conducted in Task 1 and the countermeasure development conducted in Task 4.This task will be led and influenced by c City Staff. It is assumed that the LRSP will organize the proposed implementation activities by j priority and generally identify quick-build (immediate), near-term (2 to 5 years), mid-term (6 to 10 m E r a Packet Pg. 215 Exhibit A City of Kent August 15, 2023 Page 10 of 11 c L U_ years), and long-term (10+ years) actions to advance those priorities towards implementation. This task could also include a timeframe to reduce fatal and severe injury crashes. 3 r c m Deliverables: E m as L • Equity impact analysis matrix demonstrating the equity impact assessment of the a proposed projects and strategies. • Prioritization criteria to inform prioritization of safety projects,programs, and strategies • Timeframe to reduce fatal and severe injury crashes based on countermeasures and the in r systemic analysis c� Assumptions: r_ 0 U • This task will be lead and strongly influenced by City staff co co Countermeasure Development U) The Consultant will support countermeasure identification and scoping of safety projects and lead cost estimating. Cost estimates will be developed for each engineering project or systemic a project bundles using local bid tabs and/or cost information from comparable communities. L Deliverables: u_ • Support on Countermeasure strategy development with emphasis on systemic, low-cost, c�y high impact strategies to the high risk corridors. a m Task 4.c Safety Policy Creation The Consultant, in close coordination with City Staff, will assess current policies, plans, guidelines, 0 and/or standards to identify opportunities to improve how processes prioritize safety and benchmark them against Safe System best practices.This will help the team identify opportunities 0 to integrate data, contents, and recommendations into the LRSP Action Plan. A matrix will be +, c prepared indicating the current practice under the Safe System best practice. In addition to the E preparation of a matrix, recommendations for policy changes will be referenced in the Action L Plan. The team will meet to discuss the content of the matrix as it is developed and the Consultant M a will revise the matrix based on staff feedback. m The Consultant will develop language to discuss LRSP implementation through the adoption of revised or new policies, guidelines, and/or standards. Specific topics may include context appropriate speed limits, safe routes to school programs, enforcement, emergency vehicle preemption, and emergency response times. c 0 U Deliverables: r c m E 0 r a Packet Pg. 216 Exhibit A City of Kent August 15, 2023 Page 11 of 11 c L U- • Benchmarking exercise to assess current policies,plans, guidelines and standards to �_ identify opportunities to improve how to prioritize safety 3 r c m Assumptions: E as L • City staff will review and comment on all strategies prior to incorporation in the LRSP. a N d Task 4.d Draft Action Plan as The Consultant will develop a draft Plan based on the findings from work conducted under Task 1 N r through Task 4. Plan to be highly visual and graphical, with process graphics, detailed reasonable and actionable steps within means accessible to the City. N c 0 This task includes one round of review from the City to address comments. U r- co Deliverables: M U) • Draft Action Plan a� m • Final Action Plan a c c� Assumptions: a� u_ • The Consultant will develop a final Plan to be published online by the City. c 0 Optional Task ;, w Task Lc Supplemental Data (Optional Task) Wejo uses big data from connected vehicles to provide average speeds on lengths, specifiable to �1°0, time periods. If optioned by the City, the Consultant will use 2022 Wejo data to visualize Speeding and Hard Breaking in Kent. This task includes data download, mapping, and processing for Wejo 0 data. c m Deliverables: L • Mapping of Wejo speeding and hard breaking data in Kent and list of top locations. a m Assumptions: m Cn • The Consultant will only conduct this task if authorized by the City's project manager c Under 23 U.S. Code§ 148 and 23 U.S. Code§409, safety data, reports, surveys, schedules, lists compiled N or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash 0 sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted V into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, E schedules, lists, or data. 0 r a Packet Pg. 217 4.M.a EXHIBIT B Kent LRSP Fee Proposal c R _r 15-Aug-23 7L@adEnypiP@ev Prajfet Principal•in Safety Outraxh Project Project Duvall Joanna Manages Glargf Fulpert Lead Planner/A Graphics Coordina ject WangTaylor Kendra Erin EmllyAllceWhkaker SmIland Ferguson Allhart nalyst tar Analyst $195 $330 $325 $220 St so 5-90 $135 5232 $156 5145 Teak 7-Soh S atomqpmach � I-a Trends in Data,Identify a High M Injury NetworkI Safe 5y5tems 16 2 48 2d 90 E620 $16,160 4 16 2D E3,259 770 $T9,d10 Approach Outreach and Translation N l.b Engagement Plan Development 2 1 12 29 8 52 $370 $9,600 D S0 52 $9,600 i d I.c Supplemental Data(priowi To-4) 2 1 10 13 $90 $7,310 14 4 18 $3,870 31 $11,180 ssnmed Dow is 5i000 d Task 7 Martegemera 19 10 8 37 $320 s6.405 4 4 $930 41 $9,335 'Q Tadlc 2-Task Force Ass anent C 2.a Cgumil or Mayor Task Force 36 10 40 24 12 122 $1,0001 $26,0001 10 j1D E2,32D 132 f28,32D ftf 2.b Alternatives Development I Local 16- 16 4 8 48 76 f570 $14,810 4 8 12 $2,180 88 S76,990 Road Sa Plan Methodologyd 2.c Sidewalk Prioritization in GIS 16 2 48 4 70 $470 $12.210 2 4 6 $990 75 $13,100 LL Task 2 Mdnagemenl 18 12 4 34 E320 56,330 2 2 346DI 36 58.790 r C Task 3-MiltilingmL Inclusive.Erigimpinant � 3A Stake"der Engagement, a Transla Iion Services,and Public 28 6 50 92 28 4 208 f5,570 $49,670 4 4 2 10 fl•840 218 $51,510 Engagement Re +r Task 3 Man meat 18 9 2 2 _ 4 35 $310 S%070 2 2 4 S78D 39 $8,850 4- To*4•Equity Impact Analysis and Acddn Plan Ifs 4.a Equity Impact Analysis 8 1 4 B 21 $180 $4,570 24 32 40 96 f16,360 117 $20,910 f) 4.b Prioritize Projects,Programs,and tC Strategies I&coping and Development 16 4 8 24 52 $430 $11,070 16 60 40 116 $18,870 168 $29194D Q of Prioritized Safety projects W 4x Safety Policy Creation 12 8 4 24 E250 56,530 16 32 32 80 E11340 104 $19,870 V 4d Draft Plan 40 14 8 16 58 68 204 f1,610 f41,770 16 20 36 f6,830 240 f48,600 Q dd Final Plan 8 2 8 9 26 5200 55,140 0 SO 26 $5,140 J Task4 Management 3 5 1 8 17 S1d0 S3,6d5 6 2 8 $1,700 25 $5.3d5 y:r LJire,ct Tasks C 258 91 32 T20 399 153 28 T22 Tfi6 134 m E Q Q Noes: Q N This fee proposal is vmlyd for a period oi`90 days 6om the proposol submittal dale. y Actual Wirng rate of the lime ofsersice may wry depending on the fmof stoi'fvrg plan at the time the pr4"t starts;the overact fee will not be erceeded, _V Mileage is bUted at the IRS rare plus 70%hendidng fee Reyes and non-key staff are st4ect to change at any time without notice,and within the total budget shown Q Approxrenwe estrmotes far engogemenr direct cases: a+ Social Pinpoint licerGe(f750) Q R Translation of one 1Pyerlposter into 8largauges(fFA0) _ 4 Print poster boards for ergagement activities at$50 per board[5200] 3 Compensation for engagement:anticipating 5 non-cfty stakenotders to be paid f WO per meeting for 3 meetings($1,500];anticipating 40 people to receive US for ore-fine engagement activities(S1,c00) � up to 56,000 for groups beyond ind•iduals to Task 3:Engagement Plan DeWopment(Assumes 4 meet nos,up to E1500 per meeting.one COO eadk to be determined during engagement plan development) Q Other Direct Casts include reimbursableexpeases such as mileage cad commmkotions C Q E t V tC Q Packet Pg. 218 4.M.a Exhibit C Insurance Requirements U_ Insurance 3 The Consultant shall procure and maintain for the duration of the E Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the a work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: o U Commercial General Liability insurance shall be written on Insurance to Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, a and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate L Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a ;, substitute endorsement providing equivalent coverage. If a general 2 aggregate limit applies, either the general aggregate limit shall apply Cn separately to this project/location or the general aggregate limit shall c be twice the required occurrence limit. W 0 The Consultant may use Umbrella or Excess Policies to provide the J liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader N coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the N performance of this Agreement. This coverage must be on a primary 0 and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability a Packet Pg. 219 4.M.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. U_ Workers' Compensation coverage for the employees of Consultant and 3 subcontractors as required by the Industrial Insurance laws of the State of Washington. E L Professional Liability or Errors & Omissions insurance appropriate to a the Consultant's profession. B. Minimum Amounts of Insurance in c Consultant shall maintain the following insurance limits: N r_ 0 Commercial General Liability insurance shall be written with limits no U less than $2,000,000 per occurrence, $4,000,000 general aggregate. to Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. a Waiver of Subrogation L Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written ;, with limits no less than $1,000,000 per claim and $2,000,000 policy 2 aggregate limit. Cn 0 0 If the Consultant maintains broader coverage and/or higher limits than the W minimums shown above, the City requires and shall be entitled to the 0 broader coverage and/or the higher limits maintained by the Consultant. Any J available insurance proceeds in excess of the specified minimum limits of 0 insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. a C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance 0 with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in a Packet Pg. 220 4.M.a excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. U_ 2. Consultant's insurer must deliver or mail written notice of 3 cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's E insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days a before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of in any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. N r_ 0 3. The City of Kent shall be named as an additional insured on all U policies (except Professional Liability) with respect to work to performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an additional insured shall be U) attached to the Certificate of Insurance. The City reserves the a right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall L also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. a. w D. Acceptability of Insurers Cn 0 0 Insurance is to be placed with insurers with a current A.M. Best rating of not W less than A:VII. o J E. Verification of Coverage E Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the N additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. N 0 v r c m E 0 r a Packet Pg. 221 4.M.a F. Subcontractors L Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. 3 All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. L Q N d V N N r C 7 N C O U co co M N L L LL a. d W NO w R V O J C d d d L Q V v/ r O U r c� C V r a Packet Pg. 222 4.N PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Joint Funding Agreement with the US Geological Survey - Authorize MOTION: I move to authorize the Mayor to sign the Joint Funding Agreement for Water Resource Investigations between the City of Kent and the U.S. Geological Survey, in the amount of $124,420, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This is an on-going partnership between the City and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2024, the City will contribute $124,420 to the total annual program costs of $169,170 with the USGS with the city of Tukwila providing the remaining $44,750. The stream gages provide valuable information on stream flows and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations in real-time. The stream flow measured at the gage on Rock Creek and Kent-Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criteria to help determine the City's augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at seven gages. Two are located on Mill Creek, one on Springbrook Creek, one on Rock Creek, and three on the Green River. The gage information is available to the public real-time at <http://waterdata.usgs.gov/wa/nwis/current?type=flow> BUDGET IMPACT: Costs for this contract will be charged partially to the Water Utility Fund (Rock Creek gage) and partially to the Stormwater Utility Fund (Green River, Mill and Springbrook gages). SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 223 4.N 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. Joint Funding Agreement (PDF) Packet Pg. 224 4.N.a Form 9-1366 U.S. Department of the Interior Customer#:6000000723 (May 2018) U.S. Geological Survey Agreement#:24YGJFA09800 Joint Funding Agreement Project#:YG00HIU 0100 FOR TIN#:91-6001254 Water Resource Investigations Fixed Cost Agreement YES[X] NO[ ] THIS AGREEMENT is entered into as of the October 1,2023, by the U.S. GEOLOGICAL SURVEY, Washington N Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of `p Kent party of the second part. Q 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program.The USGS legal authority is 43 USC 36C;43 USC 50, and 43 USC 50b. N 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of$0.00 (a) $33,000 by the party of the first part during the period c 0 October 1,2023 to September 30,2024 t9 (b) $124,420 by the party of the second part during the period j October 1,2023 to September 30,2024 am t r (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0.00 .3 c Description of the USGS regional/national program: E a� m L (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. c (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. LL 3.The costs of this program may be aid b either art in conformity with the laws and regulations respectively P 9 Y P Y party Y g P Y o governing each party. 00 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or y their authorized representatives.The methods employed in the field and office shall be those adopted by the party of E the first part to insure the required standards of accuracy subject to modification by mutual agreement. m L 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be Q open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. =a c 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon u_ request, copies of the original records will be provided to the office of the other party. c 0 8.The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program, and if already published by the party of the E first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by c�v either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that Q scientific information and data developed as a result of the Scope of Work(SOW)are subject to applicable USGS review, approval, and release requirements,which are available on the USGS Fundamental Science Practices website(https://www2.usgs.gov/fsp/). Packet Pg. 225 4.N.a Form 9-1366 U.S. Department of the Interior Customer#:6000000723 (May 2018) U.S. Geological Survey Agreement#:24YGJFA09800 Joint Funding Agreement Project#:YG00HIU 0100 FOR TIN#: 91-6001254 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717)established by the U.S.Treasury. N L O r.+ Q USGS Technical Point of Contact Customer Technical Point of Contact ' a� Name: Christopher Laveau Name: Mike Mactutis 3 Supervisory Hydrologist Manager Environmental Engineering N Address: 934 Broadway Suite 300 Address: 220 4th Ave S Tacoma, WA 98402 Kent, WA 98032 Telephone: 701-213-8694 Telephone: (253)856-5520 G Fax: Fax: o Email: cdlaveau us s. ov @ g 9 Email: mmactutis@kentwa.gov � N m t r USGS Billing Point of Contact Customer Billing Point of Contact t Name: Sharbra Gordon-scott Name: Mike Mactutis 3 Budget Analyst Manager Environmental Engineering Address: 934 Broadway Suite 300 Address: 220 4th Ave S E Tacoma, WA 98402 Kent,WA 98032 ;v Telephone: (253)552-1698 Telephone: (253)856-5520 Q Fax: (253)552-1581 Fax: Email: sgordon-scott@usgs.gov Email: mmactutis@kentwa.gov c u_ U.S. Geological Survey United States City of Kent G Department of Interior 00 to m M Signature Signatures N By Date: By Date: Name: Chris Laveau Name: Q Title:Acting Center Director Title: c c By Date: u- Name: c Title: o c m By Date: t Name: U Title: Q Packet Pg. 226 4.N.a City of Kent Attachment for 24YGJFA09800 2023-10-01 to 2024-09-30 SURFACE WATER SITE FUNDS Collection Description USGS COOP TOTAL N 12113150 GREEN RIVER ABOVE S 277TH ST AT KENT,WA N L Full Range Streamflow Station $23,050 $23,050 O 12113310 GREEN RIVER BELOW MEEKER ST AT KENT,WA r Full Range Streamflow Station $23,050 $23,050 O 12113344 GREEN RIVER AT 200TH STREET AT KENT,WA Q Full Range Streamflow Station $11,750 $11,750 12113346 SPRINGBROOK CREEK AT ORILLIA,WA Full Range Streamflow Station $8,250 $14,800 $23,050 j 12113347 MILL CREEK AT EARTHWORKS PARK AT KENT,WA N Full Range Streamflow Station $8,250 $14,800 $23,050 v 12113349 MILL CREEK NEAR MOUTH AT ORILLIA,WA •2 Full Range Streamflow Station $8,250 $14,800 $23,050 O 12118400 ROCK CREEK AT HIGHWAY 516 NEAR RAVENSDALE,WA O Full Range Streamflow Station $8,250 $14,800 $23,050 N Total: $33,000$117,050$150,050 N d CLIMATE r t r� SITE FUNDS 3 Collection Description USGS COOP TOTAL C N 12113346 SPRINGBROOK CREEK AT ORILLIA,WA E Climate,Continuous $2,910 $2,910 N N 12118400 ROCK CREEK AT HIGHWAY 516 NEAR RAVENSDALE,WA Precipitation,Continuous $4,460 $4,460 Q Total: $7,370 $7,370 C GRAND TOTAL: $33,000$124,420$157,420 M LL C O 00 tO tO M C N E d d L Q LL Y O Y E V M r r Q Packet Pg. 227 4.0 PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: September 5, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Department of Ecology - 2023-2025 Ramp Litter Cleanup Grant SUMMARY: To continue the City's efforts to create a cleaner Kent, the City has applied for the Department of Ecology's bi-annual Ramp Litter Cleanup Grant. This competitive grant assists local governments with funding, up to $60,000, litter cleanup activities on Washington State Department of Transportation owned freeway ramps located within the jurisdiction of the local government. Kent will prioritize six ramp locations on both I-5 and Highway 167. If the grant application is successful, a contractor would be hired to perform multiple cleanups of these ramps from October 2023 through June 2025 until funds are expended. No match is required for this grant. 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 Ramp Map (PDF) 2. Application (PDF) Packet Pg. 228 2023-2025 Ramp Litter Cleanup Program Grant — Kent Map ace 0 eaTac 1 S 11�2nkl St % Angle Lake 11 1 U SE 196th St I all Des S St L Moines The Boeing Creek Company Key Park E Fk,., Community 1.0 PerkPerk212th Sl 04 Identified Off-Ramp Locations to Clean(6) C� S 216th Si C%4 Both (2) off-ramps at 84 th Ave 171 Q 4 223rd S1 Both (2) off-ramps at A S/Central Ave along KDM Rd along 1-5 Hwy 167 Other Ramp Locations(15) .2 uj 0 W 0 U I LLI 0 1 Highlii S 240th Si Russell N James St SE 2 40th St uj E Road ant .m E Station C U3 rk Ri—,bnd P.1k Lake < IS S.nj. Vq Vee Ke r�3 1. 0 Park Meridian Park r o SE 248th St Valley Counitry Club kill Ij Kent 11 r�6 z SE.256th ST 1 0 Hilk iest Both (2) off-ramps at 0 U. Willis St along Hwy 167 sAnr z uj La ke f; Meridian —SE-272nd-51- rn r P V. Q. cC S Star La ke j, S,2 Q. E Fiir�, -S 288th Sl n I E Packet Pg. 229 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 General Information Project Title Kent city of- Public Works Project ShortDescription Litter cleanup on state highway ramps. Project LongDescription RLCP assists local governments with funding litter cleanup activities on state ramps r located within the jurisdiction of the local government. A state ramp (also referred to L as an exit ramp/off-ramp or entrance ramp/on-ramp) is a short section of road allowing vehicles to enter or exit a controlled-access highway. In many areas, entering and exiting state highways does not occur on traditional ramps. This is typically true when the state highway is one lane of traffic in each direction. These L) L may be intersections. These state highway intersections are eligible under RLCP. °' J Total Cost $60,000.00* Total Eligible Cost $60,000.00* E Effective Date 7/1/2023 Expiration Date 6/30/2025 N N CD M Ecology Solid Waste Management o N Program O Project Category* Yo RLCP Grant 0 w O c a� Will Environmental Monitoring Data be collected? No Q. a� Overall Goal The overall goal of the Ramp Litter Cleanup Program (RLCP) is to assist counties, cities and towns with the costs of litter cleanup efforts on Interstate, State Route, or J US highway ramps, interchanges and intersections in their jurisdiction. RLCP was o established by Senate Bill 5040, the Welcome to Washington Act, in the 2021 0 legislative session. It is now codified in RCW 70A.200.190(3). Z c� m co M C O cC .Q Q C N E t v cC Q 08/29/2023 Page 1 of 2 Packet Pg. 230 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Project Characterization Project Themes Select a primary and secondary theme that best describes the work to be achieved during this project. Primary Theme: Solid Waste Secondary Theme(s): Litter pickup r Project Website L If your project has a website, please enter the web address below. After entering a website and saving, another a blank row will appear. Up to three websites may be provided. Website Title/Name Web Address U L r Y J Q E R uO N O N M N O N aI O O v W O C N E R N 0 J Z O O U- Z CD m co M C O cC .Q Q C N E t v cC Q 08/29/2023 Page 2 of 2 Packet Pg. 231 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Recipient Contacts Project Manager Tony Donati c a� Contact Information J Tony Donati a Conservation Coordinator 220 Fourth Ave S LO LO Kent, Washington 98032 N (253) 856-5589 N 0 N tdonati@kentwa.gov a� 0 Authorized Signatory Dana Ralph �° 4- 0 Contact Information c as E Dana Ralph Q. Mayor 0 220 Fourth Ave S Kent, Washington 98032 Z (253) 856-5589 O O U- dralph@kentwa.gov dralph@kentwa.gov rn co m Billing Contact Corey Frame c 0 Contact Information .Q Corey Frame a Financial Analyst 220 Fourth Ave S E E Kent, Washington 98032 (253) 856-5511 a 08/29/2023 Page 1 of 2 Packet Pg. 232 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Recipient Contacts cu cframe@kentwa.gov a U L Other recipient signatures on printed agreement J Q Name Title R N O N M N O N O O v W 4- 0 C d E i R Q d J Z O O a_ Z m M C O 'rr R v .Q Q Q r C d E t V r r-+ a 08/29/2023 Page 2 of 2 Packet Pg. 233 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Project Information Amount of Funds Requested $60,000.00 Goal Statement Remove litter from six different State highway off-ramps within the City of Kent. r Project Description L Identify all partners in the project and the roles they play. Also, demonstrate readiness to proceed in detailing 0 a how each phase of the project will occur, include collection, schedule, frequency of cleaning, transport, disposal, etc. Describe how you will coordinate with other litter control groups (EYC, WSDOT, WDOC). U L The City of Kent will hire a contractor to remove litter from 6 State highway off-ramps within the city limits. The city will prioritize 6 off-ramps located on 1-5 as well as Highway 167 (see map). The contractor would perform 6 J 0- cleanups of these 6 off-ramps throughout the grant period for the requested amount. The city currently has an E on-call cleanup hauler under contract and is in the process of procuring two additional on-call cleanup W LO contractors who could help with this work. N CD M If the contractor comes across any encampments the city would partner with EYC, WSDOT, and WDOC to 0 assist in providing services to these people and remove the encampments according to state standards. 0 0 0 w Eligible Costs ° c Staff time to administer the grant, contractor wages, truck hours, dumping fees, and other materials associated with litter cleanup along highway off-ramps. as Community Investments List all partners committed to the project, including contractors, volunteers, and other participants, donated J z goods, waived tipping fees, etc. These demonstrate the degrees of local cooperation and investment. 0 0 U_ City staff will be the project manager and is requesting the full 10% of the Ecology share for the administration Z of this grant. co M The city currently has an on-call cleanup hauler under contract and is in the process of procuring two additional o on-call cleanup contractors who could help with this work. Estimated I Expected Outcomes I Impacts Q Estimate the results of the work you anticipate performing with the Task Budget. These will be the same measures Ecology requires you to track on the Progress Report form. Ecology recognizes these are only estimates and will expect you to report actual numbers quarterly, as work is performed. Hours worked 288 a Miles cleaned 36 To estimate mileage of ramps, assume each ramp section is % mile. In a standard diamond interchange, cleaning the on and off ramps in both directions is 08/29/2023 Page 1 of 4 Packet Pg. 234 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Project Information equivalent to 4 miles. Pounds of material collected 36000 Number of ramps cleaned 6 There are 4 ramps in one diamond interchange. Number of intersections cleaned if applicable) 0 r Number of times ramps/interchanges/intersections 6 L were cleaned during the reporting period 0 a 3 C R d U L r Y J Q E R uO N O N M N O N aI O O V W O C N E R N 0 J Z O O LL Z CD m co M C O cC .Q Q C N E t v cC Q 08/29/2023 Page 2 of 4 Packet Pg. 235 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Proposed Budget Cost Categories Ramp Cleanup Activities Value of Community Ecology Funds Investment Requested Administration $0 $6,000.00 (Ecology share not to exceed 10% of r total grant amount) L Tools/Supplies $0 $0 O a (Identify total cost Disposal Costs $0 $0 m Supervisor and crew wages/benefits $0 $0 L Cannot include correction crews Contracted Services $0 $54,000.00 J a E List the tools/supplies needed to complete the task and estimate their costs LO N O N na N O N aI O O v W O C N E R N 0 J Z O O U- Z CD m co M C O cC .Q Q C N E t v cC Q 08/29/2023 Page 3 of 4 Packet Pg. 236 SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM Organization: Kent city of- Public Works SWMRLCP-2325-KentPW-00010 Uploads Description Upload City Map of Ramps and Locations https://ecyeagl/lntelliGrants_BASE/_Upload/250543_884773-KentRa mpMap.pdf r c ,L^ V Q d U L r Y J Q E R uO N O N M N O N aI O O V W w- O C N E r- R N 0 J Z O O LL Z CD w w M C O cC Q Q C N E t v cC Q 08/29/2023 Page 4 of 4 Packet Pg. 237