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HomeMy WebLinkAboutCity Council Committees - Kent City Council - 10/17/2023 (3) KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, October 17, 2023 W A S H IN G T O N 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: 846 5359 5527 Passcode: 903194 Join the 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 - Oct 3, 2023 4:00 PM Committee of the Whole Committee of the Whole - October 17, 2023 Regular Meeting B. Payment of the Bills - Approve YES Paula Painter 01 MIN. C. 2023 Legislative Agenda YES Briahna Murray 30 MIN. D. Write-offs of Uncollectable YES Molly Bartlemay 10 MIN. Accounts - Authorize E. Amendments to Chapter 7.02 of YES Molly Bartlemay 10 MIN. the Kent City Code related to the City's Water Utility Billing Services - Adopt F. INFO ONLY: August 2023 NO Michelle Ferguson 10 MIN. Financial Report Economic and Community Development—Council member Troutner, Subject Matter Chair G. INFO ONLY: Grant Applications NO Kristen Holdsworth 15 MIN. Public Safety—Councilmember Kaur, Subject Matter Chair H. Grant Agreement with the YES Sara Wood 05 MIN. Washington Department of Commerce for the Community Immersion Law Enforcement Program - Accept Public Works—Councilmember Fincher, Subject Matter Chair I. Contract Amendment with YES Mike Mactutis 10 MIN. Republic Services of Kent - Authorize 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 Citvclerk@kentwa.cQov, 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.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes October 3, 2023 Date: October 3, 2023 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER c Councilmember Boyce called the meeting to order. 0 2. ROLL CALL o Attendee Name Title Status Arrived a Bill Boyce Council President Present Brenda Fincher Councilmember Present a Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present M Zandria Michaud Councilmember Present N Les Thomas Councilmember Present M Toni Troutner Councilmember Present o 0 3. AGENDA APPROVAL A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember Q. SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a as c 4. DEPARTMENT PRESENTATIONS A. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Sep 19, 2023 4:00 PM Packet Pg. 3 Kent City Council - Committee of the Whole October 3, 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, Larimer, Michaud, Thomas, Troutner B. Payment of Bills - Authorize MOTION: I move to approve the payment of bills. N RESULT: MOTION PASSES [UNANIMOUS] Next: 10/17/2023 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember 0 AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 0 L C. Resolution Relating to the Utilization of Opioid Funds - Adopt Q City Attorney, Tammy White presented details on the Resolution relating to the utilization of opioid litigation and settlement funds. o 0 White reviewed the history of the opioid lawsuit, settlement funds, and N agreements the City entered into with the state and municipalities that N related to the use of funds. M r U The funds can be used to remediate, respond, and abate the opioid crisis. o However, in determining how to use opioid settlement funds, each a municipality agreed to provide an opportunity for community-based input on 3 priorities for programs and services to be funded using those funds. This resolution outlines the community input process. c The draft resolution would provide that proposals related to the City's use of a opioid settlement funds be evaluated during the budget or mid-biennial budget development process, and that the community be provided an a opportunity to provide input and comment during the budget process on any proposed opioid remediation and abatement effort proposed to be funded. This resolution defines the process that will apply to the submission of staff proposals for use of opioid settlement funds and the community input that is required as part of Council's consideration of those proposals. MOTION: I move to adopt Resolution No. 2067 that establishes a process for the submission of community input on priorities for allocation strategies in the City's use of its opioid settlement funds. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 4 Kent City Council - Committee of the Whole October 3, 2023 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 10/3/2023 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner D. Agreement with Evergreen Technologies, Inc for Access Control and Security Camera Upgrades at the City Shops - Authorize Parks Facilities Superintendent, Will Moore advised the City wishes to contract with Evergreen Technologies for the new access control and security updates at the City's Russell Road shops facility. 4- 0 The project includes the installation of a new key card system and security cameras. 00 L MOTION: I move to authorize the Mayor to sign an agreement Q with Evergreen Technologies, Inc. in the amount of $153,936.32, subject to final terms and conditions acceptable a to the Parks Director and City Attorney. o RESULT: MOTION PASSES [UNANIMOUS] Next: 10/17/2023 7:00 PM c MOVER: Zandria Michaud, Councilmember N M SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o E. Agreement with Convergint Technologies, LLC for Fire Alarm 3 Upgrades at the Centennial Center - Authorize Moore presented details on the fire panel and fire alarm upgrades in the City's Centennial Center. CU a aD The fire alarm notification will add alarms in all areas of the building. Q MOTION: I move to authorize the Mayor to sign an agreement a with Convergint Technologies, LLC in the amount of $153,263.60, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 10/17/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner F. Amendment to Consultant Services Agreement with Berger Partnership for Garrison Creek Park - Authorize ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 5 Kent City Council - Committee of the Whole October 3, 2023 Committee of the Whole - Regular Meeting Kent, Washington Minutes Parks Planning and Development Project Manager, Dana Wilk presented information on Garrison Creek Park. The park was originally built in 1973 and renovated in 1997. This project was identified as a high priority, near-term project in the Parks and Open Space Plan. Project objectives include: • Enduring solution to court surfacing • Replace the playground r • Expand play opportunities to include amenities like soccer, pickleball, etc. • Improve the trail connection down to Garrison Creek 4- • Consider restoring lighting ° The sport courts were built on top of a water reservoir that has presented Q long-standing court resurfacing issues. Q Wilk advised the future vision is to optimize the configuration of the park a according to public engagement feedback. o M Prioritization of active areas include: o • Children's play N M • Tennis r U • Pickleball o • Basketball ° a� w Prioritization of passive uses include: • Connection to the creek • Pollinator meadows • Walking trails • Picnic and seating areas • Shade a Wilk advised of the ongoing public engagement and advised the survey closes October 5, 2023. Wilk reviewed the details of the contract, including Amendment #3. Wilk advised the anticipated construction will be in the summer of 2024. MOTION: I move to authorize the Mayor to sign an amendment to the Consultant Services Agreement with Berger Partnership in the amount of $182,582, subject to final terms and conditions acceptable to the Parks Director and City Attorney. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 5 Packet Pg. 6 Kent City Council - Committee of the Whole October 3, 2023 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 10/17/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner G. INFO ONLY: Pacific Highway Speed Limit Change Transportation Manager, Rob Brown conveyed to the Council that the speed limit for Pacific Highway South, from South 2771h to Kent Des Moines Road a will be reduced from 45 to 40 mph effective October 14, 2023. S. ADJOURNMENT o Council President Boyce adjourned the meeting. L a Meeting ended at 4:23 p.m. a Kerley A. Ko-mo�to- City Clerk N 0 N M r V 0 O N d 3 C N V C R Q d V V Q N d 7 C ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 5 Packet Pg. 7 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of the Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: Packet Pg. 8 4.0 OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER Pat Fitzpatrick, Chief Administrative Officer 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253.856.5781 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: 2023 Legislative Agenda MOTION: I move to adopt the City's 2024 state legislative agenda. SUMMARY: The City develops a state legislative agenda every year, which identifies the legislative priorities and policies for the City for the upcoming Washington state legislative session. Contract lobbyist Briahna Murray of Gordon Thomas Honeywell Government Affairs met with the Mayor, Chief Administrative Officer, and department directors over the last few weeks to identify issues and priorities for the upcoming state legislative session. This legislative agenda will form the basis for staff work during the upcoming session, and the positions the City will take as bills move through the Legislature. The agenda will move from this meeting to the Council meeting of November 7, 2023, under the Consent portion of the 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. 2024 Draft Policy Document (PDF) Packet Pg. 9 4.C.a 2024 Top Legislative Priority Councilmanic Public Safety Sales Tax: Public safety is the Kent community's most significant concern. In response, the City of Kent has worked diligently to utilize existing resources to create a safer community while simultaneously ensuring police accountability and transparency. However,the City has reached the limit on what it can accomplish with existing resources. The Kent City Council is willing and committed to approving a local tax to generate the resources necessary to improve public safety— however, state law does not provide the council with that authority. The City of Kent urges the Legislature to approve councilmanic taxing authority to fund public safety now—in 2024—so that the City Council can effectively lead the community and help residents feel safe at home, work, parks, restaurants and throughout their daily lives. Q. 0 2024 Policy Document a Administration:The City of Kent strives to operate as efficiently and cost-effectively as possible to administer t the City. Administrative departments include City Administration, City Attorney's Office, Human Resources, and Information Technology. Public Records Act/Open Public Meetings Act—The City will monitor proposals amending the Public Records Act and/or the Open Public Meetings Act and will support those proposals that provide N increased cost recovery or greater efficiencies while maintaining transparency. In 2022, the City of N Kent received 8,159 Public Records Act requests and dedicated approximately 6,666 hours of M personnel time fulfilling these requests. c Personnel Benefits and Costs—The City is supportive of providing its workforce with support and resources to excel professionally and personally. As the Legislature considers labor-related proposals, o the City will advise legislators on any added costs and requirements so the fiscal, as well as policy, o implications are well understood. 0 a Access for Non-English-Speaking Individuals—According to a 2023 WalletHub report, the City of Kent is the most diverse city in Washington State, the 6t" most diverse City in the nation, and over 136 c` languages are spoken within the community. Over 44 percent of Kent's residents speak a language It other than English at home. The City is implementing a Language Access Plan, currently identifying vital "' r documents for translation. Kent supports increased funding to ensure improved communication and access to government for non-English-speaking individuals. 0 r Procurement/Contracting—The City supports efforts to make public procurement and contracting Q more flexible. The City will monitor proposals related to prevailing wage and apprenticeship utilization, and will support those proposals that facilitate increased apprenticeship opportunities. For example, the City of Kent is supportive of efforts to increase apprenticeship opportunities for tribal members and allowing parks departments to contract with non-profit organizations more easily. Right-of-Way Management—The City of Kent manages city-owned right-of-way for the benefit of the Kent community, such as streets, sidewalks, trails, rivers, and more. The City provides permits and access to the right-of-way for a variety of uses. Kent opposes any legislation that limits the City's control and management over the right-of-way. Packet Pg. 10 4.C.a Honoring Local Community Decisions—The City of Kent encourages the Legislature to honor local decision-making authority, especially on regulatory and land use decisions.The City is the government closest to the people and is in the best position to assess and respond to the needs of the community. Economic&Community Development: The Kent Valley is an economic asset to Washington State, providing a global aerospace and advanced manufacturing hub in the heart of the Seattle Metro Area that is strategically located near the Ports of Seattle and Tacoma. Over 12,000 businesses are in the Kent Valley providing over 250,000 jobs and generating $4.6 billion in revenue. Economic Development Tools— Kent requests additional economic development tools that assist in maintaining, expanding, and modernizing local infrastructure to help spur local private sector investment. a 0 Q Workforce Development Aerospace Legislation—The City of Kent supports legislation that establishes a business and occupation (B&O) tax credit for aerospace manufacturing training and education expenses. South King County aerospace industries contribute over$13 billion annually to King County a GDP, providing a key source of local revenues and supplying increasingly rare middle wage occupations. The tax base and diversity of careers available for south King County workers is supported by a healthy and competitive aerospace industry. Incentivizing more on-the-job training and T, apprenticeship programs through tax policy helps Kent's employers bring more residents into well- _J paying, living wage careers while contesting the cost pressures inherent on aerospace manufacturing in o an increasingly congested King County. `" M ti Kent Valley Advanced Technology Teaching Center—The City of Kent is excited about the potential for development of the Kent Valley Advanced Technology Teaching Center on the Naden property in the c City's downtown. As the vision for the site becomes further refined, the City is hopeful that the state E M will invest in a STEMnasium on the site to further youth opportunities and workforce development in o the technology sector. Childcare— Kent encourages the state to enact policy changes and investments to increase available °a childcare throughout the state. The City supports ongoing efforts to create a child care license to allow for "parent" childcare licenses for organizations to operate multiple sites, such as a parks organization. a N O N Truck Parking Solutions— Being located between the Port of Seattle and Tacoma and along 1-5 and SR 167, the City of Kent is a hub for freight movement. The lack of adequate truck parking in Washington State has created local code enforcement issues and negative impacts to the quality of life for Kent truckers and residents. The City supports statewide policies and funding to address freight truck parking. Q Resources for Planning, Development and Permitting Staff—Statewide, there is a shortage of staff with land use planning and development expertise, including planning, building, and engineering staff. Kent has two long-range planners and eight permit reviewers. With this limited workforce, the City reviews approximately 5,000 permits per year and has recently undertaken significant land use reforms around the multi-family property tax exemption, accessory dwelling unit regulations, and more to increase development capacity within the community. Kent has proactively implemented a new electronic permit system and innovative permit streamlining. Even with this technological advancement, experienced staff are needed to implement the rapid influx of state legislation and to Packet Pg. 11 4.C.a process development permits in a timely manner. The City requests state funding and resources to add staff and expertise for planning and development reviews. Implementation Timing-The City of Kent is in the process of updating its Comprehensive Plan as required by the Growth Management Act. The City has conducted significant public outreach and is on track to adopt the plan in 2024 to meet state law requirements. Additional legislative changes would be difficult to incorporate into this Comprehensive Plan update given the community engagement and staff time invested thus far. Additionally, the City is conducting an Environmental Impact Statement (EIS) on the Comprehensive Plan to allow housing and development to be exempt from the State Environmental Protection Act (SEPA), consistent with SB 5412 (2023). Additional changes may conflict with this exemption creating an increased barrier to housing development. Q. 0 Housing: Kent adopted a Housing Options Plan in June 2021, providing the City with a roadmap for local a housing policies in the coming years. The Plan included four key strategic policy objectives: 1) Preserve affordable housing options in Kent while minimizing and mitigating displacement; 2) Make it easier to grow Kent's housing stock while increasing housing variety and choice; 3) Leverage and expand partnerships to a further housing-related goals; and 4) Share Kent's housing story in coordination with the South King Housing Homeless Partner (SKHHP). Additionally, the City has utilized the local option affordable housing sales tax (HB 1590) and sales tax credit _J (HB 1406) and has identified multi-family tax exemption (MFTE) target areas near high-capacity transit. The o Department of Commerce and King County recently released housing need allocations under HB 1220, which N indicate that 60% of the new housing units in Kent constructed by 2044 should serve households making 80- 120% of the area median income (AMI). Most of the City of Kent's current housing is serving households making 30-80% of the AMI, and a majority of new units in the permitting pipeline are projected to provide housing units at 30-60%AMI. E 0 Support for Mixed-Income Communities—The City of Kent aspires to become an integrated community, creating mixed-income neighborhoods that uplift low-income workers and reduce 2 0 commute times by providing housing to serve the range of low and high wage jobs centered in the a Kent valley. These mixed-income communities are necessary to attract the grocery stores, coffee shops, restaurants, services, and other small businesses that create walkable 15-minute complete communities. o N r+ C Preservation of Existing Affordable Housing— Because most of Kent's current housing units are 0 E serving households making under 80% of the area median income, any new housing policies and tools should ensure existing affordable housing can be preserved. r a Homeownership—A significant portion of Kent residents are renters rather than homeowners. The City of Kent supports increasing homeownership opportunities, particularly for communities of color. The City supports increased assistance, reforms to condominium laws, and other policies that open doors to homeownership. Transit-Oriented Development—The City of Kent has a Sounder Station in downtown, two light rail stations under construction on the west hill adjacent to 1-5 and Pacific Highway, and a forthcoming RapidRide bus line that will run north/south through the east hill. Kent has allowed unlimited heights downtown, and significant density around the two light rail stations; however, the market has been slow to respond to this zoning even with development incentives in place. The City is also planning for Packet Pg. 12 4.C.a nodes of density along key stops on the RapidRide line. Any statewide policy on transit-oriented development should honor each community's unique housing market and recognize that infrastructure is needed to support transit-oriented development. Housing Grant Programs— Kent supports full funding for the Housing Trust Fund and other housing grant programs and encourages a portion of the funds be dedicated to the preservation of existing affordable housing units. Mobile Home Park Legislation— Kent supports proposals that preserve existing mobile home parks that are safe and fit for human habitation and enhance mobile home park tenant relocation assistance. Homeless Encampments— Kent supports funding to assist cities with housing individuals living in o homeless encampments and the abatement and prevention of those encampments. Any legislation a adopted by the state should ensure that the city's ability to regulate encampments is maintained. c a� Recreational Vehicles— Kent is experiencing health and safety challenges related to individuals a experiencing homelessness who live in recreational vehicles (RVs). The City of Kent supports a statewide response to homelessness issues related to RVs given their potential impacts to the o environment, challenges in disposing of abandoned RVs, and that RVs are often moved from Mn, community to community. _J M N O Finance: The City of Kent faces structural fiscal challenges. While each city in Washington State has similar `'' taxing tools, cities can have a tax base that varies dramatically based on the mix of industries located in the community. As a strong hub of manufacturing and distribution, Kent does not have significant sales tax generators and property values are lower in Kent than in many other King County cities. The City of Kent's = as budget predominantly relies on sales tax, property tax, B&O tax, and utility taxes. The City of Kent's 2023-24 E Budget was most challenged because inflation was at 9.5%, while property taxes were limited to growth of 1% o plus new construction. The biennial budget maintained status quo. Additions to the budget came with a revenue stream or expenditure reductions to support it. o IL L Streamlined Sales Tax Mitigation/Warehousing and Manufacturing Assistance Program—When the state adopted destination-based sales tax in 2007, the state committed to mitigating the loss of c revenue to jurisdictions, like Kent, that have significant manufacturing and distribution businesses cm located within their community and are therefore "shipping out" sales tax transactions to other E communities. The Legislature has committed to continuing this mitigation until 2026 through the Warehousing and Manufacturing Assistance Program. The City will closely monitor any proposals r impacting this program and will support measures to extend the mitigation program. Q Local Option Councilmanic Authority& Revenue Flexibility—The Kent Mayor and City Council were elected by City voters to lead the City and are held accountable by those voters. Kent is supportive of the state providing additional local option tools that can be imposed through a vote of the council, rather than a vote of the people. Additionally, the City encourages the state to provide flexibility with existing revenue streams to best meet the needs of the local community. Unfunded Mandates— Kent urges the Legislature to refrain from imposing new unfunded or underfunded mandates on cities and to protect local revenue authority critical to enabling cities to provide core services their residents depend upon. Packet Pg. 13 4.C.a State-Shared Revenues— Kent supports ongoing funding for state-shared revenues, including liquor excise tax revenue, liquor profit revenue, and municipal criminal justice revenue. B&O Tax/Business Licensing— Kent will advocate to ensure that any legislation on local business & occupation taxes or business licensing is revenue-neutral and achievable for cities. Additionally, the City supports legislation clarifying how the business and occupation tax applies to royalties. 1% Property Tax— Kent supports legislative proposals that remove or increase the 1% cap on property tax levy increases. The current 1%growth limit allowed for a 2024 increase in the budget of$338,282. A 3% increase would have allowed for a $1,014,845 increase ($676,563 more than the 1%). Q. 0 Parks: Kent recently updated its Parks and Open Space Plan, which has been approved by the Recreation and a Conservation Office (RCO). This new plan establishes a vision for Kent's park system that reflects the community's diverse population. A primary objective of this plan is to establish a baseline of geospatial mapping and analysis through information layering and a scoring system based on park access, quality and a quantity of amenities, and equity metrics to reveal patterns and deficiencies that can guide planning and priorities. This plan can be found: Parks Planning & Development I City of Kent (kentwa.gov) • Park Maintenance and Operation Funding—Kent joins communities throughout the state in requesting increased and sustainable funding for a newly created grant program, Local Parks N Maintenance (LPM), administered by the Recreation and Conservation Office (RCO), to address the N backlog of park maintenance and preservation needs. The LPM Program offered one-time grants of up M to $100,000 for deferred maintenance at local parks. The City of Kent applied for this 2023 funding, up to the max allowable of$100,000. This funding has only been allocated in the state's budget as a one- time funding option. Park and recreation agencies across the state, including Kent, have a cumulative maintenance backlog of over $725 million in need to address maintenance backlogs on park infrastructure, most of which was installed in the 70s and 80s, especially at a time, when parks, trails o and open space are seeing record setting public use by its communities. Kent has a current deferred maintenance backlog of its park system forecasted to be over $21 million in the next two years alone. 0 Recreation and Conservation Office Grant Programs—The City of Kent supports full and increased c` funding for grant programs administered through the Recreation and Conservation Office (RCO), that N support public park infrastructure, including the Washington Wildlife & Recreation Program (WWRP), N the Youth Athletic Facilities program (YAF), the Aquatic Lands Enhancement Account (ALEA), and the Land and Water Conservation Fund (LWCF). The successful implementation of the Kent Parks and Open E Space Plan relies heavily on the City's ability to apply for and receive RCO grants from the sources listed above. RCO is Kent Parks' primary external funding source and is utilized annually as grant Q funding capacity allows. Unfortunately, there is so much park infrastructure need across the state, many critical projects advancing equity gaps are left unfunded every year. Public Safety and Human Services: The Kent Police Department is composed of officers and civilians working together to enforce laws and care for their Kent neighbors, businesses, and visitors. The City is committed to building public trust within the community through open communication and transparency. The City is one of the first police departments to deploy body cameras, has implemented an innovative community immersion program for new hires, and utilizes the Fire Department Community Assistance, Referrals and Education Services (FD CARES) model for alternative response. The City operates its own municipal court, and within that Packet Pg. 14 4.C.a court has a DUI Court and Community Court—therapeutic court models designed to divert offenders into treatment rather than incarceration. Behavioral Health— Kent supports improving access to the entire continuum of behavioral health services and substance use disorder (SUD) treatment for adults and juveniles, including crisis treatment, inpatient, intensive outpatient, and ongoing behavioral and mental health treatment and SUD treatment. This includes, but is not limited to, support to improve workforce and staffing issues at community treatment centers, and additional state funding for establishment and expansion of treatment facilities. Implementation of 988 -The City supports the 988 Suicide & Crisis Lifeline and the need to develop a Q. robust system to triage, provide rapid response, follow-up services, and to coordinate 911, law a enforcement, and behavioral health. , c Possession of Controlled Substances— Kent supports direct funding to cities to offset the costs of implementing the state's new drug possession law, including funding for staffing law enforcement assisted diversion, co-responder teams, therapeutic courts, and diversion programs. The City supports technical fixes to address implementation issues that have been identified and supports proposals that ensure those suffering from substance abuse are provided ample opportunity to engage in treatment, while also facing consequences for failure to engage in or complete treatment. N 0 N Therapeutic Courts— Kent requests ongoing funding and increased use of therapeutic courts, such as M the City's DUI Court and Community Court model. The City supports efforts to expand therapeutic M courts to additional areas of addiction, such as gambling. as E Basic Law Enforcement Academy Funding— Kent supports increased funding for training classes at the mu Basic Law Enforcement Academy, and expansion of the Academy to regional locations. Wait times for o new officers to attend the basic academy continues to be four months or more. These long wait times 1 directly impact police staffing and further hamper local jurisdictions' ability to deploy more officers on a the street. L 0 Human Trafficking— Kent supports efforts to stop human trafficking in Washington State. c N Organized Retail Theft—The City of Kent supports policies and funding that aim to reduce instances of organized retail theft. E Vehicular Pursuits— Kent supports legislation clarifying the ability for law enforcement to conduct Q vehicle pursuits using a reasonable suspicion standard for certain property crimes, auto theft, and street racing. Police Body-Worn and Dash Cameras— Kent will monitor any legislation regulating police body-worn cameras. The City has developed local policies for the deployment of police body-worn cameras and is piloting dash cameras. Kent will monitor policies impacting its ability to respond to public records requests associated with footage from the cameras. Packet Pg. 15 4.C.a Forfeiture— Kent opposes legislation that undermines the ability of law enforcement to conduct drug and property forfeiture operations. These forfeitures are an important tool in addressing illegal drug activity and organized crime in the community and throughout South King County. Co-Responder Funding— Kent supports increased funding for mental health co-responders, community service officers and similar programs. Climate/Environment—The City of Kent recognizes the impact of climate on the community. The City has committed to including a climate element in the 2024 Comprehensive Plan periodic update, well in advance of state mandates directing that work. Given the state's commitment to addressing climate change, the City encourages the state to continue making investments in South King County to improve air quality, reduce greenhouse gas emissions, and mitigate the impacts of climate change in the community. o a Truck Electrification—The City of Kent supports grants and subsidies to assist the trucking industry to convert from diesel to electric. a� Zero-Emission Landscaping Equipment— Kent supports an incentive-based approach to bring zero- emission power landscaping equipment to the market in a way that can be phased in by local governments using such equipment. a� Reductions to the Waste Stream - Kent supports policies that reduce the waste stream, such as J M producer responsibility proposals, incentivizing the reduction of plastics, and encouraging recycling. o N Urban Wildfire Protection: As summers get hotter and drier, and as illicit activities rise, concerns are M growing about the risks of urban wildfires. Kent Parks seeks cooperation and resources to protect Mill Creek Canyon, Clark Lake, Fenwick Park, and other parks from wildfires. a� E Public Works—The City Public Works Department is responsible for roadways, sidewalks, stormwater, flood U control, water and sewer utilities, and solid waste management. From a transportation perspective, the City of o Kent is challenged in establishing east-west connectivity. Several north-south corridors (1-5, SR 167, BNSF, UP, and SR 516)traverse the City. Creating east-west connectivity over/under these corridors can be challenging. a° Additionally, as home to the state's largest warehousing, manufacturing, and distribution center, the City of Kent has a disproportionately significant amount of freight traffic utilizing local roadways which reduces the a life expectancy of its roadways. c N r+ Timely Implementation of Planned Projects—The state has invested in the Kent community by committing funds to several important connectivity projects. Below is the current planned funding E timeline for these projects. The City asks that these timelines are honored: r • Meet Me on Meeker (multimodal corridor connecting downtown Kent to west Kent): $3 Q million in 23-25; $7 million in 25-27 • 224' Corridor (key east-west connection corridor between the Kent Valley and east hill): $10 million in 23-25; $10.6 million in 25-27 • Interurban Trail (multimodal connection in the east hill): $2 million in 25-27 • Puget Sound Gateway project State Route 167 Funding and Phasing Plan —Washington State Department of Transportation (WSDOT) recently completed an updated 167 Master Plan as part of the 1-405 and SR 167 corridor being combined into one corridor. The City supports funding for a State Route 167 funding and phasing plan to realize the projects identified in the 167 Master Plan in proportion to the investments on 1-405. Packet Pg. 16 4.C.a State Route 167 Tolls—The Washington State Transportation Commission plans to establish a new toll rate schedule in 2025 for State Route 167 as part of toll infrastructure upgrades and the combining of State Route 167/Interstate 405 into a single corridor. The City requests that new toll rates for express toll lanes demonstrate additional value to South King County. Traffic Safety/Vision Zero—The City of Kent is developing a Road Safety Plan utilizing a Puget Sound Regional Council grant and will be adopting a safe-system approach to address increasing traffic safety concerns. The City supports state policies that align with implementation. Transportation Preservation & Maintenance—The City of Kent requests increased state funding for transportation preservation and maintenance of street and sidewalk infrastructure. The freight traffic o that accompanies Kent's industrial and manufacturing industry deteriorates infrastructure at an a accelerated rate—each fully loaded truck is the equivalent of 7,000 cars. This makes Kent's preservation and maintenance needs greater than most other Washington State communities. a� a Infrastructure Grant Programs— Kent supports ongoing funding to the Transportation Improvement Board, the WSDOT Pedestrian and Bicycle Program, Safe Routes to School Program, the Freight Mobility Strategic Investment Board, Public Works Assistance Account, and Floodplains By Design. The T, City has successfully secured multiple grants from these important grant programs. _J M N O Stormwater Funding— Kent supports increased grant funding for jurisdictions to meet the new NPDES `.4 permit requirements. M Local Culvert Funding— Kent encourages the state to make fish passage investments on a watershed r_ basis, funding both state and local culverts in a manner that maximizes the amount of fish habitat E improved with each investment. o 0 Nutrient General Permit for Wastewater Treatment Plants—The City of Kent contracts with King 2 0 County for wastewater treatment services. The City is closely monitoring the impact of the Department a of Ecology's recently issued nutrient general permit for wastewater treatment plants in the Puget Sound region and supports efforts to identify cost-effective approaches to reducing nutrients and reducing impacts to utility ratepayers. N r c Flooding/Habitat Restoration—The Green River traverses through the City of Kent, historically creating flooding challenges for the community. The City has worked with the King County Flood Control District to rebuild levees along the Green River to meet federal levee certification Q requirements, reduce flooding, enhance habitat, and increase recreational opportunities. As such, the City supports state efforts to fund flooding and habitat restoration projects. Packet Pg. 17 4.D FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Write-offs of Uncollectable Accounts - Authorize MOTION: I move to authorize the Mayor to write off uncollectable accounts owed to the City in the amount of $62,619.98, subject to final approval of the Finance Director. SUMMARY: Finance has adopted a procedure to write-off all delinquent accounts receivable invoices older than 3 years, not including current year, unless requested by the department. The write-off does not forgive the debt. For accounts in collections, they may stay in collections if the billing department ensures all backup documents are retained while the accounts remain with the collection agency. The $62,619.98 of uncollectible receivables represents 3.25% of the receivables balance, in addition to $3,739.38 in interest/finance charges. Of the $62,619.98: $14,675.50 represents unpaid violations and fines; $13,019.58 is for taxes and $4,233.03 is fire permits; $28,514.89 is miscellaneous Public Works service & repairs and $2,176.98 is comprised of Utility Billing. All write-offs are from 2016 to 2019. BUDGET IMPACT: There are no expected budget impacts as a result of this motion. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2023 Write-offs Summary (PDF) Packet Pg. 18 2023 Write-offs Summary Accounts Receivables Write-offs: Year: Summary: Amount: Services, Fines & Fees: 2019 Code Violations & Fines 14,675.50 Accounts in Collection with AllianceOne 2018-2019 Misc.Taxes 13,019.58 Busn's Closed/ Bankruptcy- Uncollectable 2019 Fire Permits 4,233.03 Accounts in Collection with AllianceOne 2019 Public Works- Service & Repairs 28,514.89 Accounts in Collection with AllianceOne N L 2016-2018 Utility Billing 2,176.98 Billing/System errors - Uncollectable 0 r 2023 WRITE-OFFS: $62,619.98 a U) c 0 a 0 c 0 U) w 0 as N N ti M R E E 7 co N 4 O d L M N O N r C d E t V a Packet Pg. 19 4.E FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Amendments to Chapter 7.02 of the Kent City Code related to the City's Water Utility Billing Services - Adopt MOTION: I move to adopt Ordinance No. 4473, amending sections in Chapter 7.02 of the Kent City Code, relating to the City's water utility services. SUMMARY: The Finance Department is recommending repealing sections 7.02.060 and 7.02.250 of Kent City Code as they do not align with the current City water rate structures nor match current billing practices. In addition, revisions in Sections 7.02.190 and 7.02.210 are recommended to create a consistent fee of $45 for the turn off and turn on of a water meter. There is also a recommended technical revision in Section 7.02.180 to clarify the fees imposed when there has been an unauthorized water meter turn on. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Water Ordinance - KCC 7.02 (PDF) Packet Pg. 20 4.E.a r a 0 a ORDINANCE NO. 4473 r AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections within Chapter 7.02 of the Kent City Code N entitled "Water", relating to the City's water utility r services, in order to simplify administrative billing U practices and update the fee imposed for stopping or restoring water service. o RECITALS i U U A. Chapter 7.02 of the Kent City Code relates to the City's water N R utility services. Some sections of this Chapter no longer align with the L current City water rate structure, and revisions are necessary to recognize CU current billing practices. 0 r B. The revisions to the Kent City Code made by this ordinance r simplify administrative billing practices, recognize the capabilities of the E City's current billing technology, and update fees imposed for stopping or restoring water service to be more consistent and easier to administer. a M M ti NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, N WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: U U ORDINANCE Y c SECTION 1. - Repeal - KCC 7.02.060. Section 7.02.060 of the Kent City Code, entitled "Existing service to more than one building" is � 0 L hereby repealed in its entirety. r 1 Amend KCC 7.02 - Re; Water Service E R a Packet Pg. 21 4.E.a r a 0 SECTION 2. - Amendment - KCC 7.02.180. Section 7.02.180 of Q the Kent City Code, entitled "Water turned on by owner or tenant prohibited" is amended as follows: y c Sec. 7.02.180. Water turned on by owner or tenant r prohibited. If the water is turned on to the premises by anyone other than an employee of the water utility or the finance department after it has ; 0 been turned off at the city stop cock, it will be turned off again at the city N stop cock and locked, and will not be turned on again until the charges as r U prescribed in this chapter have been paid. These charges are based on the 0 actual cost per hour, including overhead, of sending water utility employees to address the unauthorized meter turn onrctuFn seFVfee te the L -account, plus a turn on charge of . In no case will the charge be less U U than $45-329. Y N R ti L SECTION 3. - Amendment - KCC 7.02.190. Section 7.02.190 of CU the Kent City Code, entitled 'Vacant premises - Water supply" is amended U 0 r as follows: r a� E Sec. 7.02.190. Vacant premises - Water supply. If it is decided to discontinue the use of water supply to vacant premises for a period of a M 30 days or more, notice in writing must be given to the finance ti M_ department. The water will be turned off and will be turned on again upon N 0 written application at a charge of $4530 for such turn on. No remission of charges will be made for a lesser period than 30 days or without receipt of Y notice by the finance department. �a c L O L d R f+ 2 Amend KCC 7.02 - a� Re; Water Service E R a Packet Pg. 22 4.E.a r SECTION 4. - Amendment - KCC 7.02.210. Section 7.02.210 of o the Kent City Code, entitled "Turn off and turn on charges" is amended as Q follows: L a� Sec. 7.02.210. Turn off and turn on charges. c A. For the purpose of paying the expense to the water utility or finance r department, a charge as set forth in this chapter is hereby fixed and made to turn off or turn on the water service to any building for the making r within the building of any inspection, repair, maintenance, enlargement, N r replacement, addition, or change in or to the water line or lines, or � plumbing, or plumbing fixtures, or for the purpose of connecting any kind 0 of machine, appliance, toilet, or bath facilities, or any kind of plumbing in or to the water system located within the building when the building does L not have stop and waste cock as required in this section. U Y N O B. The total charge shall be $45 for the turn off and turn on of the L meter during regular business hoursmf the turn eff er turn en as dene=within CU which charge shall be U 0 r paid to the finance department before any water service turned eff er a� E c a� E Q fFE)n9 the time ef the initial censurrieF M M request, the ti M the water service and $39 te turn en the service. The charge shall be paid N te the finance department befere any water service is tUFned eff eF tUFned D. if mere than one turn eff and turn en request eccurs any 12- ngenth ti U U Y a� c �a c L a charge in the arrieurit ef $45 shall be assessed against the O � L d f+ 3 Amend KCC 7.02 - a� Re; Water Service E R a Packet Pg. 23 4.E.a r a 0 SECTION 5. - Repeal - KCC 7.02.250. Section 7.02.250 of the a Kent City Code, entitled "Billing for service" is hereby repealed in its U entirety. it c SECTION 6. - Severability. If any one or more section, subsection, r or sentence of this ordinance is held to be unconstitutional or invalid, such , decision shall not affect the validity of the remaining portion of this 2 0 ordinance and the same shall remain in full force and effect. 3 U SECTION 7. - Corrections by City Clerk or Code Reviser. Upon 0 approval of the city attorney, the city clerk and the code reviser are a� authorized to make necessary corrections to this ordinance, including the a� L correction of clerical errors; ordinance, section, or subsection numbering; or references to other local state or federal laws codes rules or Y CN regulations. ti L Q SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. ° N r C d E C d November 7, 2023 E DANA RALPH, MAYOR Date Approved M M ti M ATTEST: CIA ti U November 7, 2023 Y KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c cc November 10, 2023 'a L Date Published O L d 4 Amend KCC 7.02 - Re: Water Service E ca a Packet Pg. 24 4.E.a r a O APPROVED AS TO FORM: a a� L TAMMY WHITE, CITY ATTORNEY y c r L U m t O a� a� L U U Y N R ti L Q Cu U O r N r C d E C d E Q M M ti M N R ti U U Y a� c �a c E L O L d R f+ 5 Amend KCC 7.02 - a� Re; Water Service E R a Packet Pg. 25 4.F FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: August 2023 Financial Report SUMMARY: Financial Planning Manager, Michelle Ferguson will present the August 2023, Financial Report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. August 2023 Financial Report (PDF) Packet Pg. 26 ReportAugust 2023 Monthly Financial City of Kent, Washington General Fund Overview Adj Budget YTD Est Actual Favorable Favorable (Unfavorable) (Unfavorable', Revenues 117,372,750 77,030,448 126,179,270 8,806,520 7.5% Expenditures 121,095,410 70,130,981 118,298,260 2,797,150 2.3% Net Revenues Less Expenditures (3,722,660) 6,899,467 7,881,010 11,603,670 Beginning Fund Balance 51,504,084 51,504,084 0 Ending Fund Balance 47,781,424 59,385,094 0. a) 39.5% 50.2% w .v c c� c ii Required Endina Fund Balance Calculation M N O Estimated Expenditures for 2023 (from above) 118,298,260 r 18.0% rn 0 18% GF Ending Fund Balance 21,293,687 Q millions General Fund Ending Fund Balance 10-year History (excluding Annexation) Z 70.00 0 60.00 59.39 0 51.50 U- 47.66 Z 50.00 41.97 40.00 32.98 ti 30.00 18.92 20.65 21.66 20.00 9.46 11.91 O 10.00 Q 0.00 2014 2015 2016 2017 2018 2019 2020 2021 2022 Est.2023 c0 C ns C ILL M N O N rn 3 Cl 7 a ;_ a Page 1 of 14 Packet Pg. 27 ReportAugust 2023 Monthly Financial City of Kent, Washington General Fund Overview - Revenues Revenue Categories Adj Budget YTD Est Actual Favorable Favorable (Unfavorable) Taxes: Property 15,670,870 8,614,099 15,855,800 184,930 1.2% Sales & Use 30,323,830 22,322,344 33,524,900 3,201,070 10.6% Utility 24,349,760 17,947,983 26,087,030 1,737,270 7.1% Business &Occupation 19,120,500 9,733,309 19,647,400 526,900 2.8% Other 806,120 592,661 985,500 179,380 22.3% Licenses and Permits 7,468,380 4,630,890 6,806,550 (661,830) -8.9% Q. Intergovernmental Revenue 3,246,020 2,390,143 3,365,450 119,430 3.7% Charges for Services 6,632,210 5,258,495 7,674,000 1,041,790 15.7% 6 Fines and Forfeitures 738,080 585,672 754,860 16,780 2.3% c Miscellaneous Revenue 2,016,600 3,004,852 4,477,400 2,460,800 122.0% c Transfers In 7,000,380 1,950,000 7,000,380 - u. M Total Revenues 117,372,750 77,030,448 126,179,270 8,806,520 7.5% c N a+ N 7 7 Q 2023 Estimated General J Fund Revenues o B&O Taxes O u. 16% Other Taxes Z 0.8% M Licenses and Permits N ti S% Utility Taxes Intergovernmental 21% 6% 0 d Charges for Services 6% io v c Other es arLa FUME c 19% jy M N O Misc&Transfers In N 9% tin >3f a Sales Taxes Property Taxes d 26% 12% E t v R r r Q Page 2 of 14 Packet Pg. 28 August 2023 Monthly - • • 4.F.a City of Kent, . • 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 1r $60,000 July 9,739 8,509 11,107 0 $40,000 August 7,994 6,240 9,206 W $20,000 - September 6,622 6,327 0 .@ $0 October 21,272 20,657 0 c to Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 11,145 8,784 0 c December 20,582 12,537 0 LL 23 Bud f22 Prelim 23 Act M Total 134,376 117,373 77,032 N 0 N r N Property TPrior Year Budgeted Actual 7 Q $35,000 Revenues Revenues Revenues J $30,000 January - 0 0 Z February 57 99 125 O O $25,000 March 1,289 578 648 Z $20,000 April 12,892 6,037 6,254 May 3,048 1,276 1,378 N $15,000 - 1-1 June 101 279 80 $10,000 _ July 59 69 74 V August 214 74 56 Q. $5,000 September 415 251 0 $0 October 11,127 5,726 0 ca Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 3,487 1,182 0 c tv December 147 99 0 23 Bud f22 Prelim 23 Act Total 32,835 15,671 8,614 M N Prior Year Budgeted Actual N N 7 $35,000 Revenues Revenues Revenues Q - January 2,063 2,328 2,202 $30,000 February 2,329 2,731 2,609 E $25,000 - March 2,112 2,343 2,717 u $20,000 April 2,063 2,161 2,711 r 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 3,119 $5,000 September 2,334 2,528 0 $0 October 2,379 2,558 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,445 2,719 0 December 2,806 3,098 0 �23 Bud f22 Prelim -4-23 Act Total 27,944 30,324 22,322 Page 3 of 14 Packet Pg. 29 2023 Monthly - • • 4.F.a City of Kent, Washington General Fund Revenues ($ 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 June 1,690 1,816 1,943 0 $10,000 July 1,713 2,149 2,308 $5,000 _ August 1,581 1,877 2,014 September 1,672 2,078 0 �a $0 October 1,656 1,874 0 ii Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,575 1,934 0 M N December 1,878 1,955 0 0 23 Bud f22 Prelim --+--23Act N Total 21,044 24,350 17,948 y 3 Other TaxesPrior Year Budgeted Actual $10,000 - J Z January 2 80 2 0 $8,000 - February 3 3 2 LL March 79 10 33 Z $6,000 - April 3,087 3,211 3,373 N May 1,549 1,579 1,772 Cl) $4,000 - - June 97 200 100 t July 3,501 3,902 3,339 0 0. $2,000 - August 1,493 1,246 1,704 m w September 141 154 0 -i; $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 December 5,670 6,025 0 M 23 Bud A 22 Prelim --+--23 Act M Total 20,448 21,599 10,326 N 0 N r Other Revenues(Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues) 7 Prior Year Budgeted Actual 7 Q $35,000 Revenues Revenues Revenues d January 2,068 2,595 1,728 E $30,000 February 755 926 1,236 $25,000 - March 1,815 2,352 3,855 Q $20,000 - April 2,028 1,968 2,154 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 2,312 $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 17,822 Page 4 of 14 Packet Pg. 30 August 2023 Monthly Report City of Kent, Washington General Fund Overview - Expenditures %Variance FavorableDepartment Adj Budget YTD Est Actual Favorable (Unfavorable) (Unfavorable,' City Council 440,600 284,012 424,800 15,800 3.60/ Administration 3,310,760 1,235,494 3,035,080 275,680 8.30/ Economic & Community Dev 10,672,430 6,599,042 10,393,100 279,330 2.60/ Finance 3,467,640 2,166,564 3,422,200 45,440 1.30/( Fire Contracted Services 4,109,990 2,659,450 3,868,700 241,290 5.90/, �E Human Resources 2,323,130 1,304,724 2,096,300 226,830 9.80 a / a� Law 1,647,990 876,857 1,485,100 162,890 9.90/ Municipal Court 4,254,230 2,525,575 4,008,300 245,930 5.80/ .� Parks, Recreation & Comm Svcs 23,264,010 13,768,074 22,264,500 999,510 4.30/ r- Police 55,556,550 35,895,129 55,251,800 304,750 0.50/ LL Non-Departmental 12,048,080 2,815,771 12,048,080 N Total Expenditures 121,095,410 70,130,981 118,298,260 2,797,150 2.30/( N r Variance analysis for expenditures is provided for particular departments or those in which the estimated actual amount differs from the budgeted amount by at least 10% or a minimum of $500,000. a Variance Notes J Z Parks, Recreation, & Community Services: Estimated spend by Parks, Recreation, & Community Services is $1rr O under budget due to reduced spending on Salaries & Benefits ($690k) and services ($442k), offset by an increase in 00 supplies ($36k) z M N ti M 2023 Estimated General Fund V_ 0 Expenditures Police c 47% ii M Non-Departmental City Council c 04 10% 0.36% N Human Q Resources m 0 Other I 2/0 3% U Ad 'nistration � Q Law 1% ECD 9% Parks, Recreation& Finance Comm Svcs 3% Fire Contracted Services 19% Municipal Court 3% 3% Page 5 of 14 Packet Pg. 31 ReportAugust 2023 Monthly Financial City of Kent, Washington General Fund BudgetActual Actual Adj Beginning Fund Balance 41,969,901 47,660,526 51,504,084 51,504,084 51,504,084 Revenues Taxes: Property 32,052,967 32,835,026 15,670,870 8,614,099 15,855,800 Sales & Use 24,828,972 27,943,579 30,323,830 22,322,344 33,524,900 Utility 20,262,726 21,048,283 24,349,760 17,947,983 26,087,030 0 o Business & Occupation 17,060,649 19,517,633 19,120,500 9,733,309 19,647,400 Other 613,502 930,044 806,120 592,661 985,500 76 Licenses and Permits 7,171,129 8,567,857 7,468,380 4,630,890 6,806,550 u Intergovernmental Revenue 3,297,871 3,406,561 3,246,020 2,390,143 3,365,450 Charges for Services 5,299,515 8,492,824 6,632,210 5,258,495 7,674,000 Fines and Forfeitures 809,361 590,339 738,080 585,672 754,860 N Miscellaneous Revenue 1,192,043 (375,462) 2,016,600 3,004,852 4,477,400 N Transfers In 1,442,364 11,445,001 7,000,380 1,950,000 7,000,380 Total Revenues 114,031,100 134,401,684 117,372,750 77,030,448 126,179,270 Q Expenditures J City Council 272,914 288,639 440,600 284,012 424,800 Z O Administration 2,847,633 3,031,347 3,310,760 1,235,494 3,035,080 O Economic & Community Dev 7,469,721 7,791,962 10,672,430 6,599,042 10,393,100 Z Finance 2,574,151 2,810,207 3,467,640 2,166,564 3,422,200 Fire Contracted Services 3,357,891 3,900,542 4,109,990 2,659,450 3,868,700 ti Human Resources 1,529,193 1,795,361 2,323,130 1,304,724 2,096,300 Law 1,444,860 1,383,659 1,647,990 876,857 1,485,100 -t Municipal Court 3,386,007 3,433,032 4,254,230 2,525,575 4,008,300 m Parks, Recreation & Comm Svcs 17,758,211 19,439,188 23,264,010 13,768,074 22,264,500 W Police 45,793,526 50,394,511 55,556,550 35,895,129 55,251,800 T Public Works (720) - 289 300 Non-Departmental 21,957,021 36,289,679 12,048,080 2,815,771 12,048,080 E Total Expenditures 108,390,407 130,558,126 121,095,410 70,130,981 118,298,260 -M N O N Net Revenues less Expenditures 5,640,693 3,843,558 (3,722,660) 6,899,467 7,881,010 N a� Ending Fund Balance 47,610,594 51,504,084 47,781,424 58,403,551 59,385,094 a Ending Fund Balance Detail: General Fund Reserves 47,660,526 51,504,084 47,781,424 59,385,094 based on same year actuals/budget 44.0% 39.4% 39.5% 50.2% r r Q Page 6 of 14 Packet Pg. 32 ReportAugust 2023 Monthly Financial 4.F.a City of Kent, Washington General Fund Year-to-Year Month Comparison 2021 i % 011 thru August thru August thru August Variance BudgQ Revenues Taxes: Property 17,286,592 17,659,155 8,614,099 (9,045,056) -51.2% 55.0% Sales & Use 16,113,907 17,979,989 22,322,344 4,342,355 24.2% 73.6% Utility 13,545,377 14,262,674 17,947,983 3,685,310 25.8% 73.7% Business &Occupation 8,217,683 9,334,906 9,733,309 398,403 4.3% 50.9% a Other 219,286 476,277 592,661 116,384 24.4% 73.5% Licenses and Permits 4,759,419 5,465,734 4,630,890 (834,844) -15.3% 62.0% Intergovernmental Revenue 2,068,063 2,009,018 2,390,143 381,124 19.0% 73.6% U Charges for Services 3,071,401 5,400,043 5,258,495 (141,547) -2.6% 79.3% c�a Fines and Forfeitures 639,398 446,929 585,672 138,744 31.0% 79.4% ii Miscellaneous Revenue 1,276,044 1,434,309 3,004,852 1,570,543 109.5% 149.0% m Transfers In - 285,000 1,950,000 1,665,000 584.2% 27.9% N Total Revenues 67,197,170 74,754,033 77,030,448 2,276,416 3.0% 65.6% N Expenditures City Council 185,165 194,847 284,012 89,165 45.8% 64.5% Q Administration 904,350 685,748 1,235,494 549,747 80.2% 37.3% Economic &Community Dev 4,819,007 5,006,795 6,599,042 1,592 247 31.8% 61.8% Z p Finance 1,688,322 1,737,901 2,166,564 428,663 24.7% 62.5% p LL Fire Contracted Services 2,435,256 3,032,740 2,659,450 (373,290) -12.3% 64.7% Z Human Resources 991,856 1,110,547 1,304,724 194,177 17.5% 56.2% Law 920,884 891,367 876,857 (14,509) -1.6% 53.2% N Municipal Court 2,241,173 2,236,125 2,525,575 289,450 12.9% 59.4% .m Parks, Recreation &Comm Svcs 10,907,599 12,218,038 13,768,074 1,550,035 12.7% 59.2% t Police 29,405,466 33,023,106 35,895,129 2,872,023 8.7% 64.6% 0 CL Non-Departmental 6,275,465 3,142,397 2,815,771 (326,626) -10.4% 23.4% Total Expenditures 60,774,542 63,279,610 70,130,981 6,851,371 10.8% 57.9% U c c GF Revenues thru August GF Expenditures thru August LL M N 30,000,000 40,000,000 N 25,000,000 35,000,000 30,000,000 � 20,000,000 - Q 25,000,000 15,000,000 _ ■2021 20,000,000 0 2021 CD a 2022 15,000,000 _ W 2022 t 10,000,000 - v U 2023 10,000,000 c . , V 20235,000,000 1Aji5,000,000 0 p 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. 33 4.F.a August 2023ReportCity • - Washington Fund Balances • Estimated Beginning Estimated Estimated Ending Fund Fund Balance Revenues Expenditures Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. a General Fund as 76 General Fund 51,504,084 126,179,270 118,298,260 59,385,094 u M Special Revenue Funds c ii Street Fund 13,861,516 20,732,470 18,760,160 15,833,826 N LEOFF 1 Retiree Benefits 1,015,707 1,178,690 1,169,310 1,025,087 N r Lodging Tax 450,235 272,840 268,880 454,195 Youth/Teen Programs 491,003 1,115,160 1,049,920 556,243 a Capital Resources 30,961,924 27,820,520 34,487,830 24,294,614 Criminal Justice 11,069,148 12,342,070 13,412,020 9,999,198 J z Human Services 2,546,748 4,436,600 3,446,530 3,536,818 O ShoWare Operating 2,317,345 1,151,400 3,429,620 39,125 Z Impact Fee Fund 4,150,840 4,150,840 Other Operating 596,733 112,700 112,700 596,733 ti M Debt . Councilmanic Debt Service 1,618,923 7,456,260 8,259,280 815,903 0. m Special Assessments Debt Service 313,116 269,660 201,900 380,876 Enterprise Funds U c Water Utility 18,547,892 32,076,570 32,165,490 18,458,972 E ii Sewer Utility 5,597,752 38,104,300 39,108,990 4,593,062 N Drainage Utility 16,762,891 26,606,450 29,733,400 13,635,941 N Solid Waste Utility 540,274 1,074,560 997,750 617,084 N Golf Complex 881,181 3,665,180 3,063,080 1,483,281Internal Service Funds a CD Fleet Services 6,975,009 8,561,350 9,330,400 6,205,959 E z Central Services 152,440 329,780 271,170 211,050 u r Information Technology 2,440,550 12,950,520 13,172,850 2,218,220 Q Facilities 4,615,828 6,761,990 8,118,880 3,258,938 Unemployment 1,335,834 193,620 221,680 1,307,774 Workers Compensation 1,750,855 1,882,470 2,565,090 1,068,235 Employee Health & Wellness 9,605,774 16,502,710 15,293,630 10,814,854 Liability Insurance 5,532,196 4,454,000 4,617,120 5,369,076 Property Insurance 1,000,528 954,880 1,009,560 945,848 Page 8 of 14 Packet Pg. 34 r- August 2023 • Report 4.F.a City of • 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 9,944,639 20,732,470 Expenditures 16,768,746 18,646,932 21,067,060 8,595,448 18,760,160 Q. Net Revenues Less Expenditures 3,650,689 2,827,493 (516,150) 1,349,191 1,972,310 76 LEOFF 1 Retiree Benefits U Revenues 1,199,965 1,119,751 1,289,890 582,057 1,178,690 c�a Expenditures 1,519,460 1,375,512 1,581,160 642,243 1,169,310 ii Net Revenues Less Expenditures (319,495) (255,761) (291,270) (60,186) 9,380 N 0 Lodging Tax r Revenues 221,252 565,735 280,260 179,414 272,840 Expenditures 165,720 244,710 268,880 247,553 268,880 T Net Revenues Less Expenditures 55,532 321,025 11,380 (68,139) 3,960 Q Youth/Teen Programs J Revenues 977,243 1,021,842 1,049,920 765,182 1,115,160 p Expenditures 822,054 925,650 1,049,920 4,413 1,049,920 p Net Revenues Less Expenditures 155,189 96,192 760,769 65,240 Z Capital Resources M Revenues 28,353,626 27,054,816 27,422,170 15,657,522 27,820,520 ti Expenditures 18,092,140 20,632,883 35,001,710 4,181,153 34,487,830 Net Revenues Less Expenditures 10,261,487 6,421,934 (7,579,540) 11,476,370 (6,667,310 t 0 Criminal Justice Q- m Revenues 9,774,373 10,036,211 10,298,340 8,073,384 12,342,070 W Expenditures 7,540,042 9,102,237 14,708,430 6,327,882 13,412,020 Net Revenues Less Expenditures 2,234,331 933,974 (4,410,090) 1,745,502 (1,069,950 0 Human Services Revenues 3,796,657 4,220,533 4,100,220 2,827,705 4,436,600 M Expenditures 2,704,110 2,813,399 4,100,220 386,839 3,446,530 c Net Revenues Less Expenditures 1,092,547 1,407,133 2,440,866 990,070 ShoWare Operating a� 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 2,663,759 3,429,620 Q Net Revenues Less Expenditures 987,897 (2,336,397) (2,279,620) (2,662,364) (2,278,220 CD Impact Fee Fund Revenues 3,957,718 3,152,179 4,150,840 627,208 4,150,840 r Expenditures 3,958,033 3,152,179 4,150,840 568,490 4,150,840 Q Net Revenues Less Expenditures (316) 58,718 Other Operating Revenues 128,175 136,681 112,700 112,700 Expenditures 104,945 130,685 112,700 27,840 112,700 Net Revenues Less Expenditures 23,230 5,996 (27,840) Page 9 of 14 Packet Pg. 35 r- August 2023 • Report 4.F.a City of • 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 7,456,260 Expenditures 8,348,722 8,563,855 8,259,280 2,132,666 8,259,280 Q. Net Revenues Less Expenditures (360,174) (656,252) (700,840) (28,921) (803,020 Special Assessment Debt Service 16 U Revenues 1,035,745 720,252 238,000 283,696 269,660 Expenditures 858,473 682,020 201,900 201,900 Net Revenues Less Expenditures 177,272 38,232 36,100 283,696 67,760 M N O EnterpriseN a+ Water Utility Revenues 29,810,341 27,653,347 31,520,630 20,760,405 32,076,570 T Expenditures 28,183,254 25,713,818 32,767,620 14,269,718 32,165,490 Q Net Revenues Less Expenditures 1,627,087 1,939,529 (1,246,990) 6,490,687 (88,920 Sewer Utility p Revenues 34,846,524 35,612,755 37,418,820 25,631,351 38,104,300 O Expenditures 33,974,459 33,041,535 39,108,990 23,147,216 39,108,990 Z Net Revenues Less Expenditures 872,065 2,571,220 (1,690,170) 2,484,135 (1,004,690 7. M N Drainage Utility .~M. Revenues 25,408,140 24,634,562 26,762,680 17,845,280 26,606,450 Expenditures 23,609,481 27,537,869 31,591,100 11,266,283 29,733,400 0 Net Revenues Less Expenditures 1,798,659 (2,903,307) (4,828,420) 6,578,997 (3,126,950 Solid Waste Utility Revenues 855,492 1,419,785 788,860 734,110 1,074,560 Expenditures 995,385 1,151,021 932,240 753,688 997,750 Net Revenues Less Expenditures (139,893) 268,764 (143,380) (19,577) 76,810 ii M Golf Complex c Revenues 2,526,316 3,468,448 3,372,200 2,541,119 3,665,180 04 Expenditures 4,513,837 2,963,754 3,063,080 2,194,054 3,063,080 Net Revenues Less Expenditures (1,987,522) 504,694 309,120 347,064 602,100 Internal Service Funds CD Fleet Services z Revenues 5,674,822 8,180,653 8,206,270 5,487,741 8,561,350 Expenditures 4,894,499 5,176,283 11,939,000 5,886,933 9,330,400 Q Net Revenues Less Expenditures 780,323 3,004,370 (3,732,730) (399,192) (769,050 Central Services Revenues 355,897 315,714 370,960 206,125 329,780 Expenditures 320,247 286,653 375,610 161,871 271,170 Net Revenues Less Expenditures 35,650 29,061 (4,650) 44,255 58,610 Page 10 of 14 Packet Pg. 36 August 2023 Monthly Financial Report 4.F.a 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 8,297,995 12,950,520 Expenditures 10,411,640 11,386,844 13,192,950 8,607,913 13,172,850 Net Revenues Less Expenditures 94,496 25,582 (298,640) (309,918) (222,330 a Facilities Revenues 6,704,998 6,271,666 6,630,870 4,155,307 6,761,990 j6 Expenditures 6,222,434 7,693,874 8,401,690 4,214,907 8,118,880 uc Net Revenues Less Expenditures 482,564 (1,422,209) (1,770,820) (59,600) (1,356,890 Unemployment u_ Revenues 134,862 117,126 168,370 133,892 193,620 c Expenditures 161,765 119,475 206,990 159,906 221,680 N Net Revenues Less Expenditures (26,902) (2,349) (38,620) (26,014) (28,060 U) Workers Compensation Revenues 1,019,589 3,172,019 1,761,030 1,285,635 1,882,470 Q Expenditures 1,788,435 2,852,220 2,387,570 1,662,590 2,565,090 J Net Revenues Less Expenditures (768,845) 319,800 (626,540) (376,955) (682,620 Z Employee Health & Wellness U_ Revenues 15,795,365 15,793,817 16,286,430 11,196,641 16,502,710 Z Expenditures 14,736,998 14,796,643 15,893,380 9,951,982 15,293,630 r� Net Revenues Less Expenditures 1,058,367 997,174 393,050 1,244,659 1,209,080 M Liability Insurance o Revenues 8,119,358 8,677,522 4,007,230 3,073,615 4,454,000 Expenditures 4,307,222 5,626,577 4,617,120 3,823,279 4,617,120 Net Revenues Less Expenditures 3,812,136 3,050,944 (609,890) (749,664) (163,120 2 c Property Insurance Revenues 605,819 1,171,973 940,320 637,840 954,880 ii Expenditures 677,950 814,057 915,820 1,497,451 1,009,560 N Net Revenues Less Expenditures (72,131) 357,915 24,500 (859,611) (54,680 N a� Other Fund Revenues Other Fund Expenditures a 80,000,000 o Special 80,000,000 CD70,000,000 o Special Revenue 70,000,000 E 60,000,000 - Revenue Funds 60,000,000 U 50,000,000 LJ Enterprise 50,000,000 - Funds Q 40,000,000 - Funds 40,000,000 a Enterprise 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. 37 August 2023 Monthly Financial Report 4.F.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru August thru August thru August Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 9,005,463 10,275,638 9,944,639 (331,000) -3.2% o Expenditures 7,301,593 10,038,510 8,595,448 (1,443,061) -14.4% Net Revenues Less Expenditures 1,703,870 237,129 1,349,191 76 LEOFF I Retiree Benefits U c Revenues 671,586 633,691 582,057 (51,634) -8.1% Expenditures 964,384 908,104 642,243 (265,861) -29.3% ii Net Revenues Less Expenditures (292,798) (274,413) (60,186) M 04 N Lodging Tax r N Revenues 112,805 437,635 179,414 (258,221) -59.0% Expenditures 108,307 179,972 247,553 67,581 37.60/c Q Net Revenues Less Expenditures 4,498 257,663 (68,139) J Youth/Teen Programs Z Revenues 664,067 696,069 765,182 69,114 9.90/0 0 Expenditures 5,200 4,187 4,413 227 5.40/a LL Net Revenues Less Expenditures 658,867 691,882 760,769 Z Capital Resources N Revenues 16,676,831 16,281,536 15,657,522 (624,013) -3.8% .n Expenditures 3,297,748 1,928,321 4,181,153 2,252,832 116.80/a V_ Net Revenues Less Expenditures 13,379,083 14,353,215 11,476,370 0 m Criminal Justice Revenues 6,212,674 6,630,529 8,073,384 1,442,855 21.80/a Expenditures 4,207,643 5,172,479 6,327,882 1,155,404 22.30/a Net Revenues Less Expenditures 2,005,031 1,458,050 1,745,502 ii M Human Services N 0 Revenues 1,857,638 2,687,648 2,827,705 140,058 5.20/a c Expenditures 58,928 107,396 386,839 279,443 260.20/c Net Revenues Less Expenditures 1,798,710 2,580,251 2,440,866 a ShoWare Operating Revenues 855 1,395 1,395 m Expenditures 1,058,147 2,026,796 2,663,759 636,962 31.40/a t Net Revenues Less Expenditures (1,057,292) (2,026,796) (2,662,364) r r Admissions Tax revenues received quarterly (April, July, September, January) Q Impact Fee Fund Revenues 1,745,914 1,526,324 627,208 (899,116) -58.9% Expenditures 1,090,439 1,072,394 568,490 (503,904) -47.0% Net Revenues Less Expenditures 655,476 453,930 58,718 Other Operating Revenues Expenditures 53,484 118,040 27,840 (90,200) -76.4% Net Revenues Less Expenditures (53,484) (118,040) (27,840) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 38 August 2023 Monthly Financial Report 4.F.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru August thru August thru August 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/. o Expenditures 2,340,783 2,245,512 2,132,666 (112,846) -5.0% Net Revenues Less Expenditures (25,972) (29,412) (28,921) 76 Debt service payments are generally due in June and December. U c Special Assessments Debt Service Revenues 472,962 139,787 283,696 143,909 102.9% ii Expenditures 4,073 4,353 (4,353) -100.00/0 N Net Revenues Less Expenditures 468,889 135,433 283,696 N r N 7 Enterprise Funds Water Utility Q Revenues 20,098,396 17,539,554 20,760,405 3,220,852 18.40/c Expenditures 13,349,478 12,342,649 14,269,718 1,927,069 15.60/c ZO Net Revenues Less Expenditures 6,748,918 5,196,904 6,490,687 0 U_ Sewer Utility ? Revenues 23,106,207 23,654,570 25,631,351 1,976,780 8.40/a Expenditures 20,315,994 21,363,874 23,147,216 1,783,342 8.30/a ti Net Revenues Less Expenditures 2,790,213 2,290,697 2,484,135 Drainage Utility 0 0. Revenues 15,722,129 16,148,299 17,845,280 1,696,981 10.50/a Expenditures 11,895,011 10,751,034 11,266,283 515,249 4.80/a Net Revenues Less Expenditures 3,827,118 5,397,265 6,578,997 c Solid Waste Utility Revenues 557,905 823,125 734,110 (89,015) -10.80/c ii Expenditures 653,213 785,605 753,688 (31,918) -4.10/c N Net Revenues Less Expenditures (95,308) 37,520 (19,577) N Golf Complex Revenues 1,763,741 2,355,521 2,541,119 185,598 7.90/a Expenditures 3,566,598 2,084,871 2,194,054 109,183 5.20/c Q Net Revenues Less Expenditures (1,802,857) 270,649 347,064 m E Internal Service Funds t U Fleet Services r Revenues 3,832,631 4,005,370 5,487,741 1,482,371 37.00/a Q Expenditures 3,127,815 3,247,021 5,886,933 2,639,912 81.30/a Net Revenues Less Expenditures 704,816 758,350 (399,192) Central Services Revenues 250,244 201,883 206,125 4,242 2.10/c Expenditures 216,896 187,679 161,871 (25,808) -13.80/c Net Revenues Less Expenditures 33,349 14,204 44,255 Information Technology Revenues 6,094,834 6,602,780 8,297,995 1,695,214 25.70/c Expenditures 6,250,479 6,866,288 8,607,913 1,741,625 25.4% Net Revenues Less Expenditures (155,644) (263,508) (309,918) Page 13 of 14 Packet Pg. 39 August 2023 MonthlyReport 4.F.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2021 2022 2023 2023-2022 thru August thru August thru August Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Facilities Revenues 3,714,149 3,745,613 4,155,307 409,694 10.9O/C Expenditures 3,083,636 3,545,019 4,214,907 669,888 18.90/c �E Net Revenues Less Expenditures 630,513 200,594 (59,600) 0 a� Unemployment Revenues 104,098 102,524 133,892 31,368 30.60/c 76 Expenditures 137,628 77,727 159,906 82,179 105.70/c Net Revenues Less Expenditures (33,530) 24,797 (26,014) ii Workers Compensation N Revenues 747,531 1,018,404 1,285,635 267,231 26.20/c N Expenditures 1,114,769 1,495,806 1,662,590 166,785 11.20/a N Net Revenues Less Expenditures (367,239) (477,402) (376,955) Q Employee Health & Wellness Revenues 10,773,735 10,070,713 11,196,641 1,125,928 11.20/a _J Expenditures 9,440,632 9,505,297 9,951,982 446,686 4.70/c z Net Revenues Less Expenditures 1,333,103 565,416 1,244,659 p LL z Liability Insurance Revenues 6,768,334 2,162,246 3,073,615 911,370 42.10/c N Expenditures 3,426,767 3,394,475 3,823,279 428,804 12.60/c M Net Revenues Less Expenditures 3,341,567 (1,232,230) (749,664) V_ 0 Property Insurance m Revenues 409,558 521,361 637,840 116,479 22.30% Expenditures 998,748 1,201,226 1,497,451 296,225 24.70/c .0 Net Revenues Less Expenditures (589,190) (679,864) (859,611) c ii M Other Fund Revenues thru August Other Fund Expenditures thru August N 80,000,000 ' 70,000,000 50,000,000 - Q 60,000,000 40,000,000 — y 50,000,000 E t 30,000,000 - U 40,000,000 ■2021 0 2021 r 30,000,000 0 2022 20,000,000 0 2022 Q 20,000,000 u 2023 10,000,000 a 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. 40 4.G ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Grant Applications SUMMARY: An update will be provided on the following two grants: 1. The federal Environmental Protection Agency (EPA) has announced a competitive grant process for up to $500,000 available for a community assessment brownfield grants. Economic and Community Development Department is applying for this grant on behalf of the City. The project will focus on two "target areas" (Midway and Downtown) to provide opportunities for implementation of existing planning efforts, including Comprehensive Plan, Envision Midway Subarea Plan, and Downtown Subarea Plan. If the grant is received, work is anticipated to start in late 2024/early 2025. 2. The Puget Sound Regional Council (PSRC) has set aside over $6 million in Federal Highway Administration (FWHA) Surface Transportation grants to identify and evaluate improvements for addressing equity in the distribution of PSRC funding. Together, the Economic and Community Development and Public Works departments are applying for a $750,000 grant to support the creation of a plan for the Benson Corridor. The Benson Corridor plan will provide visioning, policy and specific actions to continue to evolve the corridor into a 20-minute neighborhood. Phase I Comprehensive Plan outreach has identified strengths and opportunities for this corridor - Bus Rapid Transit (BRT) service starts in 2026, diverse populations, amenities and greenspace nearby, as well as the opportunity to accommodate more residents and activities along the corridor. If awarded, the work will start in early 2025 and will provide the necessary analysis and implementation plan to support a mixed-use, vibrant BRT-adjacent community to create a successful corridor similar to the work of"Meet Me on Meeker" project. Any grant funds received will supplement anticipated 2025 work plans. 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. Packet Pg. 41 4.G Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 42 4.H POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-852-2121 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Grant Agreement with the Washington Department of Commerce for the Community Immersion Law Enforcement Program - Accept MOTION: I move to accept $110,000 in grant funds from the Washington Department of Commerce for the Community Immersion Law Enforcement Program, and authorize the Mayor to sign all necessary documents subject to terms acceptable to the Police Chief and City Attorney. SUMMARY: In 2021, the Kent Police Department implemented the CILEP pilot program using allocated funds from the Washington State Department of Commerce. The CILEP program immerses newly hired Kent police officers into community- based organizations prior to their required law enforcement training at the Criminal Justice Training Commission. The pilot program was evaluated by the University of Washington and determined to be a promising approach to community policing. In the summer of 2023, the Kent Police Department was made aware of the Innovation Grant Program through the Washington State Department of Commerce's Office of Firearm Safety and Violence Prevention. The Innovation Grant Program is funded by federal Department of Justice through its Justice Assistant Grant program. The Kent Police Department submitted a grant application to expand its CILEP program and the grant application was funded in the amount of $110,000. This grant will allow eight newly hired Kent officers to be immersed in up to three community-based organizations each serving 320 community service hours. Placement will be determined upon hiring processes and dates. The grant will allow for mentorship between the community-based organization and the newly hired officer and the service hours will be completed prior to the officer attending the required law enforcement training at the Criminal Justice Training Commission. Each community-based organization will receive a stipend from this grant project of $5,000 for each officer placed. Grant funds will also be used for further research of this program with the goal of confirming it is a best practice community policing program that other law enforcement agencies are able to replicate. This agreement is a one-year agreement with a total funding amount of $110,000. Packet Pg. 43 4.H The funding will become available as soon as the agreement is fully executed and will run through September 30, 2024. Approval of this agreement will necessitate an amendment to the City budget, and will authorize expenditure of funds. BUDGET IMPACT: Grant funding for a total of $110,000 over one-year period. 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. Grant Agreement for Community Immersion Law Enforcement Program(PDF) Packet Pg. 44 4.H.a c a� E .�►. Washington State o Department of �i►� Commerce ° N d t r t Federal Interagency Agreement with 3 E City of Kent a 'L^ V through M ti M E Office of Firearm Safety & Violence Prevention — Community Safety o Unit a E L ° 4- W Contract Number: F22-34440-506 ° .y For E Building program capacity of the Community Immersion Law Enforcement Program in the E Kent Police Department enhancing community collaborations and expanding program delivery. E E Dated: Sunday, October 15, 2023 U L ° E d d L Q 'L^ V E V Q Packet Pg. 45 Nleshiny:on Slale Depa'u of Commerce w c a� Table of Contents i fC Q TABLE OF CONTENTS..............................................................................................................................................2 FACE SHEET w SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 t 1. AUTHORITY.............. . 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................4 m t 3. CONTRACT MANAGEMENT.............................................................................................................................4 r t 4. COMPENSATION..............................................................................................................................................4 r 5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................4 r c 6. INDIRECTCOSTS ..............................................................................................................................................4 d 7. BILLING PROCEDURES AND PAYMENT.............................................................................................................4 (D aD 8. AUDIT..............................................................................................................................................................5 9. FRAUD AND OTHER LOSS REPORTING.............................................................................................................6 Q 10. DEBARMENT....................................................................................................................................................6 L 11. INSURANCE......................................................................................................................................................7 C9 12. ORDER OF PRECEDENCE..................................................................................................................................7 M ti GENERAL TERMS AND CONDITIONS.......................................................................................................................8 Cl) 1. DEFINITIONS....................................................................................................................................................8 E R 2. ALL WRITINGS CONTAINED HEREIN.................................................................................................................9 0 3. AMENDMENTS................................................................................................................................................9 d 4. ASSIGNMENT...................................................................................................................................................9 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ...........................................................................9 0 E 6. COPYRIGHT......................................................................................................................................................9 (D L 7. DISPUTES.......................................................................................................................................................10 ,o 8. GOVERNING LAW AND VENUE ......................................................................................................................10 w 9. INDEMNIFICATION ........................................................................................................................................10 3 R 10. LICENSING,ACCREDITATION AND REGISTRATION.........................................................................................10 c 11. RECAPTURE....................................................................................................................................................10 0 12. RECORDS MAINTENANCE..............................................................................................................................11 13. SAVINGS ........................................................................................................................................................11 E 14. SEVERABILITY.................................................................................................................................................11 E 15. SUBCONTRACTING ........................................................................................................................................11 c 16. SURVIVAL.......................................................................................................................................................11 17. TERMINATION FOR CAUSE.............................................................................................................................12 E 18. TERMINATION FOR CONVENIENCE................................................................................................................12 0 CU 19. TERMINATION PROCEDURES.........................................................................................................................12 0 0 20. TREATMENT OF ASSETS.................................................................................................................................13 r c 21. WAIVER .........................................................................................................................................................14 a) E aD ATTACHMENT A:SCOPE OF WORK.......................................................................................................................15 L ATTACHMENTB: BUDGET....................................................................................................................................18 Q c 0 ,L^ V E Page 2 of 19 r a Packet Pg. 46 Wi Depa�:anent; ing.cn Slale o Commercef c Face Sheet Contract Number: F22-34440-506 a a� 0 Community Services Division—Community Safety Unit ❑Subrecipient c 0 Justice Assistance Grant(JAG) Innovation Fund ®Contractor a, c 1. Contractor 2. Contractor Doing Business As (as applicable) City of Kent Mailing Address: 220 4th Ave S, Kent, WA 98032 r r 3 3. Contractor Representative 4. COMMERCE Representative Sara Wood Anica Stieve 1011 Plum St. SE E a� Community Education Coordinator, Kent Police JAG Program Manager Olympia, WA 98504 Department 360-890-6199 Q (253)856-5856 Anica.stieve(@commerce.wa.gov c swood(a.kentwa.gov U 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $110,000 Federal: ® State: ❑ Other: ❑ N/A: ❑ 10/15/2023 9/30/2024 9. Federal Funds (as applicable) Federal Agency: ALN Indirect Rate $110,000 Department of Justice 16.738 De Minimus 10% E L 10. Tax ID # 11. SWV# 12. UB1 # 13. UEI # 0 L 91.6001254 SWV0000552 173-000-002 GALJSHRB2EM6 a �. 14. Contract Purpose To build program capacity of the Community Immersion Law Enforcement Program in the Kent Police Department by aEi enhancing community collaborations and expanding program delivery. o 4- c COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above, acknowledge and accept the terms of this w Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above.The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: J Contractor Terms and Conditions including Attachment"A"—Scope of Work Attachment"B"—Budget o y L FOR CONTRACTOR FOR COMMERCE E E .E E Dana Ralph, Mayor Cindy Guertin-Anderson, Assistant Director E 0 U L 0 Signature Date a� E d m APPROVED AS TO FORM ONLY Date BY ASSISTANT ATTORNEY GENERAL Q APPROVAL ON FILE 'L^ V E Page 3 of 19 Q Packet Pg. 47 Niashing.cn Slale Depa:anent of Commerce c Special Terms and Conditions E 1. AUTHORITY 0 COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal 0 Cooperation Act, Chapter 39.34 RCW. a, c 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING y Federal Award Date: 10/1/20; 10/1/21 Federal Award Identification Number (FAIN): 15PBJA-21-GG-00291-JAGX; 15PBJA-22-GG- 00610-JAGX Total amount of the federal award: $3,644,335; $3,721,562; 3 c The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by Grant No. 15PBJA-21-GG-00291-JAGX; 15PBJA-22-GG-00610- Q JAGX awarded by Office of Justice Programs (OJP) Department of Justice (DOJ). Points of view in c this document are those of the author and do not necessarily represent the official position or policies of the Department of Justice. Grant funds are administered by the Community Safety Unit, Washington State Department of Commerce." M ti 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. 0 L The Representative for COMMERCE and their contact information are identified on the Face Sheet a of this Contract. a� The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. o 0 4. COMPENSATION w COMMERCE shall pay an amount not to exceed$110,000 for the performance of all things necessary J for or incidental to the performance of work as set forth in the Scope of Work. r_ 0 .y 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as E agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. E "Subcontractors" shall mean subcontractors of any tier. E 0 U L 6. INDIRECT COSTS 0 Contractor shall provide their indirect cost rate that has been negotiated between their entity and the E federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total d direct costs (MTDC)will be used. L Q 7. BILLING PROCEDURES AND PAYMENT 0 L COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly t9 completed invoices, which shall be submitted to the Representative for COMMERCE on a monthly a� E Page 4 of 19 Q Packet Pg. 48 Vvi Depa�:anent; ing.cn Slale o Commercef c basis through the Secure Access Washington (SAW) portal. If contractor is billing monthly, the last E monthly invoice of the quarter may not be reimbursed without receipt of the coinciding required quarterly report. Invoices and quarterly reports are due on the 20t" of the month following the end of the previous month or quarter. o c 0 The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work a, performed, the progress of the project, and fees. The invoice shall include the Contract Number F22- S 34440-501. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must be retained by the contractor to document any single expenses in the amount of $50.00 or more; commerce may request this documentation during contract monitoring activities. A copy of a General Ledger (G/L) report from the contractor detailing all expenses billed to this contract on the quarterly r invoice will accompany each invoice in order to receive reimbursement. 3 Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the E Contractor. m L COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Q Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or i condition of this Contract. 0 co No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. E Invoices and End of Fiscal Year L Invoices are due on the 20th of the month following the provision of services. ° a Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. E The Contractor must invoice for all expenses from the beginning of the contract through September 0 30, 2024 regardless of the contract start and end date. 0 c w Duplication of Billed Costs 3 The Contractor shall not bill COMMERCE for services performed under this Agreement, and J c COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will o be paid by any other source, including grants, for that service. E Disallowed Costs E The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. E COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until c acceptance by COMMERCE of the final report (or completion of the project, etc.). v L 0 4- 8. AUDIT c as If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all m sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: Q 'L^ V E Page 5 of 19 Q Packet Pg. 49 Wi Depa�:anent; ing.cn Slale o Commercef c A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200, E reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. o c If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit c requirement. The Grantee shall send all single audit documentation to the Federal Audit y Clearinghouse. m t r 9. FRAUD AND OTHER LOSS REPORTING r Contractor shall report in writing all known or suspected fraud or other loss of any funds or other 3 property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. m L 10. DEBARMENT Q A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant, been convicted of or had a E civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private o agreement or transaction, violation of Federal or State antitrust statutes or a commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making E a� false claims, or obstruction of justice; L iii. Are not presently indicted for or otherwise criminally or civilly charged by a 4° c governmental entity(Federal, State, or local)with commission of any of the offenses w enumerated in paragraph (1)(b)of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or J c more public transactions (Federal, State, or local)terminated for cause of default. o B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee m shall attach an explanation to this Grant. E C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier E covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. E D. The Grantee further agrees by signing this Grant that it will include the clause titled o "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower v L Tier Covered Transaction," as follows, without modification, in all lower tier covered 4° transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS E i. The lower tier Grantee certifies, by signing this Grant that neither it nor its L principals is presently debarred, suspended, proposed for debarment, Q declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. L 0 r c as E Page 6 of 19 Q Packet Pg. 50 Vvi Depa�:anent; ing.cn Slale o Commercef c ii. Where the lower tier Grantee is unable to certify to any of the statements E in this Grant, such contractor shall attach an explanation to this Grant. a E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered o transaction, person, primary covered transaction, principal, and voluntarily excluded, as = O used in this section, have the meanings set out in the Definitions and Coverage sections of a, the rules implementing Executive Order 12549. Grantee may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. INSURANCE as r Each party certifies that it is self-insured under the State's or local government self-insurance r liability program, and shall be responsible for losses for which it is found liable. 3 c 12. ORDER OF PRECEDENCE as In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Q • Applicable federal and state of Washington statutes and regulations i • Special Terms and Conditions 0 • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget E c� L O L a. E V L O 4- C W 3 J C O .y L E E Y E E O U L O E d d L Q 'L^ V E Page 7 of 19 Q Packet Pg. 51 Niashing.cn Slale Depa:anent of Commerce c General Terms and Conditions E 1. DEFINITIONS 0 As used throughout this Contract, the following terms shall have the meaning set forth below: o 0 a� c A. "Authorized Representative" shall mean the Director and/or the designee authorized in y writing to act on the Director's behalf. B. "COMMERCE" or"Department" shall mean the Washington Department of Commerce. r r C. "Contract" or "Agreement" or "Grant" means the entire written agreement between 3 COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. L D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing Q service(s) under this Contract, and shall include all employees and agents of the c Contractor. E. "Modified Total Direct Costs" (MTDC)shall mean all direct salaries and wages, applicable M fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each M subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion 0 of each subaward in excess of$25,000. a c F. "Personal Information" shall mean information identifiable to any person, including, but not E limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses,telephone o numbers, social security numbers, driver license numbers, other identifying numbers, and c any financial identifiers, and "Protected Health Information" under the federal Health w Insurance Portability and Accountability Act of 1996 (HIPAA). J c G. "State" shall mean the state of Washington. g .y L H. "Subaward" shall mean an award provided by a pass-through entity to a subrecipient for E the subrecipient to carry out part of a Federal award received by the pass-through entity. E It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. E E I. "Subcontractor"shall mean one not in the employment of the Contractor,who is performing U all or part of those services under this Contract under a separate contract with the `o Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. a� E J. "Subrecipient" shall mean a non-Federal entity that receives a subaward from a pass- L through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of Q other Federal awards directly from a Federal awarding agency. L 0 r c a� E Page 8 of 19 Q Packet Pg. 52 Wi Depa�:anent; ing.cn Slale o Commercef c 2. ALL WRITINGS CONTAINED HEREIN E This Contract contains all the terms and conditions agreed upon by the parties. No other Q. understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to p exist or to bind any of the parties hereto. o 0 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. m 4. ASSIGNMENT r Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by 3 the Contractor without prior written consent of COMMERCE. a� 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION E as A. "Confidential Information" as used in this section includes: a, Q i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential' by COMMERCE; and M iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. c L a. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential a� Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps ° c to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, w transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide COMMERCE with its policies and —J procedures on confidentiality. COMMERCE may require changes to such policies and o procedures as they apply to this Contract whenever COMMERCE reasonably determines i that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor E shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. E E C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) v working days of any unauthorized use or disclosure of any confidential information, and shall L take necessary steps to mitigate the harmful effects of such use or disclosure. ° 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for L hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for Q hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and L r c a� E Page 9 of 19 Q Packet Pg. 53 Wi Depa�:anent; ing.cn Slale o Commercef c interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to E COMMERCE effective from the moment of creation of such Materials. a "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. c t For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. 3 c The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract,of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of Q infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. co 7. DISPUTES M In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in E the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. cLa The members so appointed shall jointly appoint an additional member to the Dispute Board. The 0 Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing.The determination of the Dispute Board shall be final and binding on the parties hereto.As 0 an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. o 0 8. GOVERNING LAW AND VENUE w This Contract shall be construed and interpreted in accordance with the laws of the state of J Washington, and the venue of any action brought hereunder shall be in the Superior Court for r_ Thurston County. ° .y L 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. E 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and E E registration requirements or standards necessary for the performance of this Contract. 0 U 11. RECAPTURE ,o In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an E d amount to compensate COMMERCE for the noncompliance in addition to any other remedies L available at law or in equity. Q Repayment by the Contractor of funds under this recapture provision shall occur within the time period 0 specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments 0 due under this Contract. c a� E Page 10 of 19 Q Packet Pg. 54 Wi Depa�:anent; ing.cn Slale o Commercef c 12. RECORDS MAINTENANCE E The Contractor shall maintain books, records, documents, data and other evidence relating to this Q. contract and performance of the services described herein, including but not limited to accounting p procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature o expended in the performance of this contract. c The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost,these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. r If any litigation, claim or audit is started before the expiration of the six (6) year period, the records 3 shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS as 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 Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the"Termination for Convenience" clause, without the ten calendar day i notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding 0 limitations and conditions. M 14. SEVERABILITY M The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid E c� for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. L a. 15. SUBCONTRACTING c as The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. 0 If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to C w subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, 3 COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or c entity; or(c) require the Contractor to rescind or amend a subcontract. ° .y L Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term E or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach ' in the performance of the Contractor's duties. E 0 Every subcontract shall include a term that COMMERCE and the State of Washington are not liable v for claims or damages arising from a Subcontractor's performance of the subcontract. ,o 16. SURVIVAL E The terms, conditions, and warranties contained in this Contract that by their sense and context are d m intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. Q 0 'L^ V E Page 11 of 19 Q Packet Pg. 55 Wi Depa�:anent; ing.cn Slale o Commercef c 17. TERMINATION FOR CAUSE E In the event COMMERCE determines the Contractor has failed to comply with the conditions of this Q. contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before p suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need o to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. r COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or 3 prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to E terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is m determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or Q her control, fault or negligence. +, c The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. c? 18. TERMINATION FOR CONVENIENCE M ti M Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days'written E notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms c of this Contract for services rendered or goods delivered prior to the effective date of termination. a 19. TERMINATION PROCEDURES as Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or o acquired for the performance of such part of this contract as has been terminated. The provisions of c the "Treatment of Assets" clause shall apply in such property transfer. U COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for i completed work and services for which no separate price is stated, iipartially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree E E with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. E E The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in U addition to any other rights and remedies provided by law or under this contract. `o 4- After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: E A. Stop work under the contract on the date, and to the extent specified, in the notice; L B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not L r c a� E Page 12 of 19 Q Packet Pg. 56 Niashing.cn Slale Depa:anent of Commerce c terminated; E E C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the o orders and subcontracts so terminated, in which case COMMERCE has the right, at its o discretion, to settle or pay any or all claims arising out of the termination of such orders a, and subcontracts; S N D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be r final for all the purposes of this clause; 3 E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent a� directed by the Authorized Representative any property which, if the contract had been E completed, would have been required to be furnished to COMMERCE; L F. Complete performance of such part of the work as shall not have been terminated by the Q Authorized Representative; and i 0 G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS E L Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property c furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor E under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property L in the performance of this contract, or(ii) commencement of use of such property in the performance p of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, C w whichever first occurs. 3 A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. o .y L B. The Contractor shall be responsible for any loss or damage to property of COMMERCE E that results from the negligence of the Contractor or which results from the failure on the E part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall E immediately notify COMMERCE and shall take all reasonable steps to protect the property G from further damage. c 4- D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E d m E. All reference to the Contractor under this clause shall also include Contractor's employees, Q agents or Subcontractors. 'L^ V E Page 13 of 19 Q Packet Pg. 57 Vvi Depa�:anent; ing.cn Slale o Commercef c 21. WAIVER E Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or Q. breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless p stated to be such in writing and signed by Authorized Representative of COMMERE o 0 a� c t N O d t r t r 3 c a� E a� m L Q 'L^ V M ti M E L O L a. E V L O 4- C W 3 J C O .y L E E Y E E O U L O E d d L Q 'L^ V E Page 14 of 19 Q Packet Pg. 58 Niashing.cn Slale Depa:anent of Commerce c Attachment A: Scope of Work E JAG Innovation Fund Background & Context: Q- a� The JAG Innovation Fund is a new initiative within Washington's overall JAG strategy. During 2023, the 0 Washington JAG Advisory Committee developed a Strategic Plan to guide the investment of JAG funds a, across the state. As part of the strategic plan, the JAG Innovation Fund will provide flexibility and broaden S the scope of the impact of the JAG program in Washington communities. JAG Innovation Fund projects are new approaches, or adapted efforts based on lessons learned from existing programs and projects, within communities. Innovative projects will offer fresh perspectives in an effort to advance criminal legal system improvement and community health and safety. Projects funded 3 by the JAG Innovation Fund will work at the local, regional or state level to address emerging needs, and +. implement best practices or new ideas. The intent of the JAG Innovation Fund is provision of resources to E new and/or adaptive efforts within the JAG Purpose Areas. The JAG Innovation Fund is a key component of Washington's JAG Strategic Plan and aligns with Washington's JAG mission of "advancing criminal legal system improvement in Washington state by investing in innovative, sustainable, and data- Q driven practices to enhance community safety, increase collaboration and support victims of crime and those involved in the criminal legal system." 0 Kent Police Department Community Immersion Law Enforcement Program (CILEP) Background & M Context M CILEP is a unique pre-academy internship program for newly hired police recruits in Kent, Washington. E The first of its kind in the United States, CILEP places newly hired police recruits in local non-profit cm community agencies in the Kent community. The focus of the program is to help strengthen police- ° community relationships, with particular attention placed on building relationships between the Kent a Police Department and the diverse communities within the City of Kent. In 2021, the Kent Police 4) Department (KPD) launched CILEP as a "pilot" program which was designed collaboratively with input aEi from various stakeholders including many Kent local community members and non-profit leaders. o 0 Scope of Work Funded by this Contract: w 3 In order to expand CILEP, KPD will assign eight newly hired officers to four Community Based Organizations (CBOs) in Kent. KPD recruits will be assigned to work 40 hours a week embedded with the o CBO prior to any law enforcement training. The recruits will provide community service hours, completing y L work to support the mission of the CBO providing direct services to clients. Program Implementation and Impact: E KPD will recruit CBOs for this year's CILEP project beginning in November 2023 with priority given to stakeholder organizations that serve youth and people of color. E E Once assigned to the CBOs, recruits will complete a minimum of 320 (3 months/12 weeks) community U service hours. Recruits will be assigned a mentor from within the CBO to help guide the recruit through `o any work or cultural nuances, such as who in the specific community to communicate with, fear of police, etc. Mentors will work to facilitate the discussion and learning goals for the recruit during these meetings. A multi-prong evaluation tool will be utilized to measure the outcomes of the program, recruits will E complete weekly reports, and a quarterly progress report will be generated outlining project performance. CILEP program goals include providing officers firsthand experience and in-person engagement designed Q to ingrain understanding, empathy, compassion, and trust in culturally diverse populations with a longer- term outcome of sustained community-centered law enforcement partnerships r c a� E Page 15 of 19 Q Packet Pg. 59 Vvi Depa�:anent; ing.cn Slale o Commercef c Collaboration: E E As a member of the JAG Innovation Fund cohort, the Contractor may be required to attend in person or Q. virtual collaboration meetings at the request of Commerce up to twice during the contract performance p period. _ 0 Subcontractors: t CILEP Evaluation -A professional researcher will conduct the CILEP evaluation. The researcher will significantly expand on the previous evaluation of this program from the pilot year by analyzing longer- term outcomes with all recruits who have graduated from CILEP. A preliminary report from the continued r CILEP evaluation will be delivered to KPD. KPD will follow procurement policies and guidelines to identify r the subcontractor for this work. Funds for subcontracting are included in this contract budget. 3 c Participating CBOs- Contracts will be entered into with each of the community-based organizations CILEP recruits are assigned to. We anticipate eight community organizations during the fiscal year of this grant. KPD will execute a subcontract with each of these CBOs; contracts will include a scope of work 0) and $5,000 budget. Each contract process will follow City of Kent procurement policies and all applicable Q regulations and requirements in this contract. KPD will submit copies executed subcontracts to Commerce. 0 Goals: During the 2023-2024 funding period, CILEP has the following goals: ti M 1. Provide officers firsthand experience and in-person engagement designed to ingrain understanding, empathy, compassion, and trust E 2. Develop community-centered law enforcement training partnerships with community stakeholders c who serve our diverse community members a 3. Provide officers with one-on-one guidance and ongoing mentorship from community leaders who represent our BIPOC community 4. Forge life-long personal relationships between officers and community members 5. Strengthen communication between the Kent Police Department and our community members to 0 enhance police and community relationships. w Outcomes and Performance Measures: During the 2023-2024 funding period, CILEP will measure the following outcomes: J c 0 1. Total number of recruits participating in the program during the performance period 2. Number of weekly reports generated by recruits E 3. Number of quarterly reports generated during the performance period E 4. Total number of community service hours completed (320 per participating recruit) during the performance period 5. Number of new CBO partnerships established during performance period E E Reporting Requirements: G U L In order to comply with reporting requirements for federal funding, the contractor will comply with 4° COMMERCE and BJA on the collection of required performance measurement data. The Contractor will complete the required reports using the BJA Performance Measure Tool (PMT) online platform. It is E required to select and report on all accountability measures that pertain to JAG-funded activities. L Contractor is responsible for entering data and creating reports within the PMT on a quarterly basis. Report within the PMT. (See https://b'apmt.omp.gov/help/jagdocs.htmi ). For this contract, the contractor will report performance measures based on the Law Enforcement reporting template (JUSTICE L ASSISTANCE GRANT (JAG) PROGRAM ACCOUNTABILITY MEASURES OCTOBER 2016 (o0p.aov)). 0 r c a� E Page 16 of 19 Q Packet Pg. 60 Washing-on State,ram, 4.H.a Department of %J,W Commerce c The Contractor may also be required to enter several performance data metrics into Commerce's E Contract Management System (CMS)with submission of their monthly billing invoice. a as 0 c 0 a� c N O d t r t r 3 c a� E aD m L Q 'L^ V M ti M E L O L a. E V L 0 4- r- W 3 J C O .y L E E Y E E O U L O E d d L Q 'L^ V E Page 17 of 19 Q Packet Pg. 61 ,ram,Washinq-on State Department Df Commerce w c E M Attachment B: Budget o Program Budget Funding period October 15,2023-September 30,2024 Agency Name: Kent Police Department Program Name: Community Immersion Law Enforcement Program Contract Number F22-34440-506 to Amount by Fund Source d COMMERCE Other Other Item Funding Fund Fund Other Fund Source Total Project PERSONNEL SERVICES 3 Salaries[Full-&Part-Time) $ - $ - $ - $ - }, Personnel Benefits $ - $ - $ - $ - SUBTOTAL-PERSONNEL # - # - I # - # - # - O GOODS l4 SERVICES Office Supplies $ - $ - $ - $ - Operating Supplies $ 20,000.00 $ - $ - $ - $ 20,000.00 Q Equipment $ - $ - $ - $ - $ - r.r Consultant and Subcontracted $ 80,000.00 $ - $ - $ - $ 80,000.00 O Automobile Expense $ - $ - $ - $ - $ - L Printing&Duplicating $ - $ - $ - $ - $ - Insurance $ - $ - $ - $ - $ - to Rentals-Buildings $ - $ - $ - $ - $ - Rentals-Equipment $ - $ - $ - $ - $ - SUBTOTAL-GOODS l4 # 100,000.00 # - # - # - # 100,000.00 E Travel $ 10,000.00 $ - $ - $ - $ - Training $ - $ - $ - $ - $ - Other Misc.Expenses $ - $ - $ - $ - $ - 0. Indirect&Administration Costs $ - $ - $ - $ - $ - f1 C TOTAL EXPENDITURES # 110,000.00 # - # - # - # 110,000.00 d E N 1 Identify specific funding sources included under the Operating Supplies-Itemize below: L "Other"oolumn(s)above: 0 $ - Laptops for officers $ 20,000.00 LI W $ - $ to $ _ $ J Total # - Total # 20,000.00 0 O L a Equipment-Itemize below: "Consultant and Subcontracted Services-Itemize below: tV E $ R--h7Eva1ua6—fahePre — $ 40,000.00 E Cemm�nitr Bared or-0anixatien Cn.--($5888 x 8 $ contraccrforthareary $ 40,000.00 $ $ $ $ E Total # - Total # 80,000.00 G U L 'Other Miscellaneous Expenses-Itemize below: 'Indirect Administration Costs-Itemize below: Travel-presentations on CILEP to C other organizations $ 10,000.00 $ d $ $ $ $ d L $ $ Total # 10,00Q00 Total # - Q C to 'L^ V E Page 18 of 19 .-r Q Packet Pg. 62 Vvi Depa�:anent; ing.cn Slale o Commercef c The Contractor may vary from the approved distribution of funds by shifting up to ten percent(10%)of the E total awarded funds between categories of expense. Contractor will contact the Commerce Program Manager for approval prior to shifting funds in this way. This authority to shift funds is limited by the following: grant funds may not be shifted into zero budgeted categories of expense except Benefits, and any shifts made may not constitute a significant change to the Scope of Work (Attachment A). a� c t N O d t r t r 3 c a� E a� m L Q 'L^ V M ti M E L O L a. E V L O 4- r- W 3 J C O .y L E E Y E E O U L O E d d L Q 'L^ V E Page 19 of 19 Q Packet Pg. 63 4.1 PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: October 17, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Contract Amendment with Republic Services of Kent - Authorize MOTION: I move to authorize the Mayor to sign Amendment No. 2 to the contract between the City and Republic Services of Kent, subject to final terms and conditions acceptable to the Public Works Director and City Attorney; and to approve the Sustainability Adjustment for 2024 in accordance with Amendment No. 2. SUMMARY: In March 2022, the King County Council approved a 2023 rate restructure for garbage disposal which affects the 37 cities utilizing King County's solid waste system. The King County Council later decided to delay implementation of the rate restructure until January 1, 2024. The restructure moves from a single per-ton tipping fee ($168.68/ton in 2023) to a fixed annual charge (FAC) and a per- ton tipping fee. King County calculated the 2024 FAC to realize a targeted amount of revenue, consistent with previous revenue generation plus inflation. The targeted revenue was proportioned among King County municipalities based on the total tonnage of waste each jurisdiction sends to Cedar Hills Landfill. Countywide, for participating municipalities, the total FAC is $22.6 million. Kent's share of the FAC in 2024 is approximately $2.7 million. In future years, the County will use the same methodology to adjust the FAC for each city on an annual basis. As a result, the City must update its contract with Republic Services to reflect the new approach. Rates are comprised of a service component and a disposal component, as established in the City's contract with Republic Services. Under the current contract, Republic Services pays King County for the total tonnage of waste disposed. Amendment No. 2 revises the disposal component to include an FAC component. In addition to the rate restructure language, this amendment proposes a schedule revision to move all annual rate adjustments related to the contract to January 1 of each year. These date changes will mean all rate adjustments will occur at the same time rather than two rate adjustments per year. Finally, Amendment No. 1 of the contract requires City Council approval of the Packet Pg. 64 4.1 Sustainability Adjustment if the recalculated adjustment is greater than or equal to 5% of the original Adjustment which took effect September 1, 2019. Due to continuing changes in commodity values and increasing processing costs, the 2024 rates will be approximately 15% higher than they were originally set in 2019. For a single family customer, the original Sustainability Adjustment was 96-cents per month, and for commercial/multi-family the rate set in 2019 was $2.98/cubic yard. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Kent KCRR Disposal Amendment Language (PDF) Packet Pg. 65 4.I.a AMENDMENT #2 TO GARBAGE, RECYCLING, YARD & FOOD WASTE COLLECTION AND DISPOSAL/MARKETING CONTRACT L 0 r This Amendment #2 is between Rabanco, Ltd., dba Kent Meridian Disposal dba a Republic Services of Kent ("Contractor"), and the City of Kent, Washington ("City"). i aD 1 RECITALS — ch aD A. Contractor and City entered into a Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract dated April 1, 2016 ("Agreement"). The parties entered into Amendment #1 to the Agreement on September 1, 2019. B. Pursuant to the Agreement all Garbage and residues from Recyclables and Organics must be delivered to the King County Disposal System. r C. King County has made changes to their billing systems that impacts disposal with the King County Disposal System. c D. City and Contractor now desire to make certain changes to the Agreement E to accommodate such changes, as more fully set forth below. a L E. City and Contractor also desire to make other certain changes to the o Agreement to improve service to city customers and efficiencies to the Contractor. U LO AGREEMENT M ti M Now therefore, for good and valuable consideration the receipt and sufficiency of which the parties acknowledge, including but not limited to the mutual and dependent promises contained herein, the parties agree as follows: J r c Section 1. Inclement Weather and Other Service Disruptions. Section 2.1.7 of the Agreement, entitled "Inclement Weather and Other Service Disruptions" shall be amended to add the following paragraph: E a The Contractor may implement early collection starting no earlier than 6:00 a.m. for a any day when Accuweather forecasts temperatures to reach ninety degrees o Fahrenheit (901 F) or higher in the Kent downtown area. The Contractor must notify the City and Customers at least one day in advance of its early collection plans. Y Notification is required for each day early collection is implemented and shall include automated Customer all-calls and website messaging. The Contractor shall provide a Y no-cost return trip to any Customer who may be missed due to the early collection. aD E t r r Q 1 Packet Pg. 66 4.I.a Section 2. Equipment Age/Condition. Section 2.1.13 of the Agreement, entitled "Equipment Age/Condition" shall be amended as follows: N All collection vehicles regularly used by the Contractor during the term of this Contract `0 shall have chassis that meet model year 2010 or newer emissions standards. Back-up vehicles used fewer than thirty (30) days per year shall not be subject to the age and a mileage limits that apply to regularly-used vehicles, but shall be presentable, in safe working order, and subject to all other conditions of this Section. Y 0 Collection vehicles shall meet the specifications as submitted in the Contractor' s 2009 RFP response, Exhibit C2 (Attachment H). The Contractor may request permission to use alternative vehicles if the Contractor has continued unresolvable operating problems with in the use of the vehicles. The City shall consider the request, provide its own investigations, •2 and provide a response to the Contractor within thirty (30) days of receiving the Q Contractor's request. Contractor will maintain collection equipment with the ability to service limited access 3 areas. This is to ensure that all Customers receive equal service. E Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed as needed to maintain a clean and E a presentable appearance, but in any event not less than once each week. Vehicles shall be repainted as needed and/ or at the request of the City. 0 All collection equipment shall have appropriate safety markings, including all highway LO lighting, flashing and warning lights, clearance lights, warning flags, and sound warning signalization systems, all in accordance with current statutes, rules, and regulations. Equipment shall be maintained in good working condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no discharges, i. e., no liquid wastes ( such as Garbage or Yard & Food Waste leachate) r or oils ( lubricating, hydraulic, or fuel) are discharged to Customer premises or City streets. The Contractor shall immediately take off- line any Contractor vehicles with leaks E and repair them. Contractor shall report any hazardous waste or leachate spills within the City of Kent from Contractor vehicles or collection operations immediately to the City of Q Kent Spill Hotline, 253- 856- 5600. N 0 0. Unremediated spills and failure to repair vehicle leaks shall be subject to liquidated o damages. Any equipment not meeting these standards shall not be operated on City roads until repairs are made. L) Y All collection vehicles shall be labeled with signs on both the front, rear, and driver' s side Y door which clearly indicate the vehicle inventory number. A Customer complaint telephone number shall be labeled on the side of the vehicle. Signs shall use lettering not less than four (4) inches high and shall be clearly visible from a minimum distance of M twenty (20) feet. Signs, sign locations, and the complaint telephone number shall be o subject to approval by the City. No advertising shall be allowed on Contractor vehicles a 2 Packet Pg. 67 4.I.a other than the Contractor's name, logo, and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City' s prior written approval. o All collection vehicles used on this Contract shall meet existing street weight limits in the a City. The Contractor shall not exceed any collection vehicle weight limit at any time. The Contractor's monthly report, Section 2.3.4.1, shall include the date, time, vehicle number, Y total weight, and weight exceeding weight limits for any overweight vehicle. If any c collection vehicle is found to exceed the weight limit, the Contractor shall provide the City a written plan for addressing the overweight vehicles within fourteen (14) calendar days of the date of the monthly report identifying the overweight vehicle(s). Vehicles exceeding the weight limit by one thousand (1,000) pounds or more may be subject to liquidated damages as set forth in Section 4.1. Q. a� All Contractor route, service, and supervisory vehicles shall be equipped with properly 3 licensed two-way communication equipment. The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. c a� Section 3. Promotion and Education. Section 2.3.5 of the Agreement, entitled a "Promotion and Education" shall be amended as follows: The Contractor shall have primary responsibility for developing, designing, disseminating, and executing general waste reduction/recycling public education and outreach L) programs. Any and all materials distributed shall be reviewed and approved by the City LO prior to distribution. The Contractor shall have primary responsibility for providing service- ti oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. Working collaboratively with the City, the Contractor will develop and implement a public o education plan to include the strategy and development of materials to support the roll- J out of the new collection and recycling services program, with a special emphasis on new recycling programs and sustainability initiatives. Over the course of the Contract on at least a quarterly basis, the Contractor shall meet regularly with City staff to review and discuss progress on the plan to determine effectiveness of the outreach strategy and Q educational materials. N 0 0. The Contractor shall maintain a complete list of all Multifamily Complex and Commercial o Customer sites within the City Service Area, and the status of each site' s participation in Contractor- provided services. The Contractor shall annually contact, by telephone or site Y visit, the manager or owner of each site to encourage participation and to inform the manager or owner of all available services and ways to decrease Garbage generation. Y Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multifamily Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multifamily Complex and Commercial Customer sites, recycling status, container sizes a 3 Packet Pg. 68 4.I.a and types, contact dates, outcome, and suggestions for increasing participation or other program improvements. N L The Contractor shall keep the public informed of programs and encourage participation through an annual service update mailer. Each fall, the Contractor shall provide an annual a service update for each service sector, the format, content and timeframe of which shall , be subject to prior review and approval by the City. The annual service update shall be Y mailed to all Customers and the City by November 10t" each year as a self-mailer, c independent of regular billing notices. The annual service update mailer—and, at a minimum, shall include an informational brochure indicating ro�the collection calendar, all services available, materials preparation and other service requirements, contact information, inclement weather, and other policies and ^+useful Customer information. Additional messaging about rates shall be posted twice in the local newspaper referencing new rates located on the RepublicServicesKent.com website by November 10th Ix t r 3 The Contractor shall develop, print, periodically update, and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and written approval by the City, prior to distribution. Upon approval, materials shall be mailed to every new Customer prior to the Customer' s first billing and a shall, at a minimum, include a statement of applicable rules and service policies, rates, services, and preparation requirements, collection days, Contractor customer service information, and City contact information. Materials shall be available in accessible and ci alternative language formats upon request. LO M ti M The Contractor shall permit the City to insert, at no charge, single- sheet information bulletins into Customer bills. When the insert is beyond one (1) page and increases Contractor cost, the City shall pay the incremental difference. The City shall work cooperatively with the Contractor for timely inclusion of such materials. J r c Section 4. Compensation to the City. Section 3.2 of the Agreement, entitled "Compensation to the City" shall be amended to add the following paragraph: E The City may adjust the administrative fee in any year beyond the adjustment listed in N Section 3.3, provided that the adjustment is synchronized with the annual rate a adjustment in Section 3.3.1. The City shall notify the Contractor of the new o administrative fee for the following year by September 1st, and the Contractor shall itemize and include this adjustment in its Rate Adjustment Statement provided Y October 1 st of each year. If the administrative fee is adjusted, the Contractor shall add an amount equivalent to the State excise tax on the increase to the Administrative Fee Y (1.75% in 2023), as may be adjusted from time to time by the State. a� E U a 4 Packet Pg. 69 4.I.a Section 5. Annual Rate Adjustment. Section 3.3.1 of the Agreement, entitled "Annual Rate Adjustment" shall be amended as follows: N The Contractor's collection service charges, excluding waste disposal fees, for each `o level of service shall increase or decrease every year by an inflation adjustment factor based on three (3) indices, or successor indices (if approved by City), computed by a the United States Department of Labor, Bureau of Labor Statistics and the United State Energy Information Administration (EIA). The three (3) indices and their weights Y are: G 1. The annual consumer price index for Urban Wage Earners and Clerical Workers, (CPI-W) Seattle-Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SAO which will have a weight of forty-two (42) percent. 2. The Energy Information Agency (EIA) annual average Natural Gas Transportation Sector Vehicle Fuel Price (NGVFP), not adjusted for inflation, which will have a weight of eight (8) percent. 3. The Employment Compensation Cost Index for Private Industry (ECCI), in current 3 dollars, not seasonally adjusted, December 2005=100, for unionized service providing industries, CIU201S0000005101 (B,H), which will have a weight of fifty (50) percent. The base reference values for these three (3) indices will be: the published value for December 2013 for the ECCI, and the 2013 12-month averages for the CPI-W and to, NGVFP. All annual rate adjustments during the Contract period will be calculated o based on the weighted average change of the three index values for the most recent L) year's December/Annual Average relative to the corresponding base reference M values.All subsequent years' adjustments will be GaIGUIated relative to the index base M r efGr 2fGe values fer December ARR al Average 20 Q � � i31 C Effective January 2024, the collection service charges shall be adjusted annually on January 1. For rates starting January 2024, the adjustment to the collection service charges shall be based upon a twelve (12) month period ending June 30th of the Previous year. All subsequent years' adjustments shall be calculated based upon a twelve (12) month reference period ending June 30th of the previous year that the E request for increase is made. Q The non-disposal component of all rates in Attachment B shall be multiplied by this a calculated adjustment factor. Specific examples of annual rate adjustments are o provided in Attachment C. Adjustments to the Contractor's collection service charge shall be made in units of Y one cent ($0.01), with all adjusted rates rounded to the nearest cent. Fractions less than one cent ($0.01) shall not be considered when making adjustments. �i Rates be adjusted annually, beginning April r n16The Contractor shall submit � to the City for review and approval a Rate Adjustment Statement by Cohru aFy 1 n+h E October 1st of each year, calculating the new rates for the next Contract year. Unless o the City disapproves of the rate adjustment within fGUFteen (1 n) days of the ('ifi,'c Q 5 Packet Pg. 70 4.I.a TeE�.t of e-Gontra^+� rote adjustment by October 15th, or the next Monday if October 15th falls on a Saturday or Sunday, the new rates shall take effect on April G January 1 of the following each year. o Customers shall be notified by mail of the annual rate adjustment effective ApA January 1, by MaFGh 1, thirty (30) a minimum of forty-five (45) calendar days prior to a the new rate, as specified in Section 2.3.5. If the Contractor fails to mail notification to ratepayers not reGei„e n0tifiGatinn by nn, November 10, due to missed deadlines `S or; rate calculation errors by the Contractor,--e-r rate disapproval by the City, o implementation of the new rates may be delayed by one (1) month intervals until resolved without opportunity for recovery of lost revenue. Contractor will post details of the new rate on its web site no later than Apri4 January 1 of each year. cn Section 6. Periodic Adjustments. Section 3.3.2 of the Agreement, entitled "Periodic Adjustments" is deleted and replaced in its entirety with the following: r Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in King County disposal fees for Garbage with the intent to maintain the disposal component as a pass through. a� E Specific examples of periodic adjustments due to Consumer Price Index and disposal a composite rate changes are provided in Attachment C. L r c Section 7. Changes in Disposal or Yard & Food Waste Processing Sites. Section 3.3.3 of the Agreement, entitled "Changes in Disposal or Yard & Food Waste LO Processing Sites" shall be amended as follows: M a� The Contractor assumes all risk for the processing and marketing of Recyclables and Yard & Food Waste. However, if the Contractor is required by the City to use J processing sites or markets other than those being used at the initiation of this Contract, the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The City and Contractor agree to negotiate in good faith any rate changes to offset these costs or savings. The Contractor may seek rate increases to offset Yard & Food Waste tipping fees that a exceed the Contractor's disposal costs at the implementation of the Contract or as o adjusted by the escalation in Section 3.3. Such request must be received and N approved by the City ninety (90) days prior to potential increases in rates. Any increase o will only occur coincident with other rate adjustments on January 1. The City will not o: unreasonably withhold the escalation of rates to cover the increase costs in Yard & Y Food Waste tipping fees. aD Y Section 8. Sustainability Adjustment. Section 3.3.4 of the Agreement, entitled E "Sustainability Adjustment" shall be amended as follows: r r Q 6 Packet Pg. 71 4.I.a To fund the increased costs of the recycling program due to changes in markets for recyclable commodities, including increased costs associated with the processing and marketing of Recyclables and Gempestable mat as well as additional education and contamination enforcement costs, a sustainability adjustment ("Adjustment") shall be added to each Customer with regular recurring TeGUrrinn (1.8. ITIGRthly er weekly) Garbage service and Recyclables service. The ' Adjustment for Single-family Residential Customers shall be a flat-rate per month, Y regardless of the number of additional cans/carts or extra units. The Adjustment for c Multifamily Complex Customers and cart-based Commercial Customers shall be based upon the monthly cubic yards of regular, recurring Garbage service and shall not apply to extra units or Temporary Services. The Adjustment shall take effect on September 1, 2019, and terminate on March 31, 2029. The Adjustment shall initially be $0.96 per month for single-family residential customers and $2.98 per cubic yard of monthly garbage service for Multifamily Complex Customers and cart-based Commercial Customers. The Adjustment shall be subject to the senior low-income and disabled resident discount for qualifying single-family residential customers. 3 c The Adjustment shall be re-evaluated, and potentially modified, on an annual basis. By October 1, 2023Fehruary 14, 2020, and every year thereafter until the Contract expires or is terminated, the Contractor shall submit an Annual Sustainability E Adjustment Report ("Rfeportl with the following information from the previous twelve a (12,) month period ending June 30th: i c 1. number of current Single-family residential, multifamily, and cart-based U Commercial Customers; M 2. tonnage of recycling produced by Single-family residential) and-multifamily and M cart-based Commercial Customers; 3. monthly garbage service levels for multifamily and cart-based Commercial Customers (expressed in cubic yards); 4. Commodity Revenue (expressed in dollars per ton); 5. Commodity Sampling for Single-family residential and multifamily recycling (expressed as a percentage of all commodities collected); E 6. comparison of Commodity Revenue and Commodity Sampling to those of the basepfe*+eas period; aPA E 7. recalculation of the Total Adjustment-.Land Q 8. A summary of the monthly contamination monitoring reports for the previous ,year o as required in the approved contamination reduction plan. 0 The Total Adjustments shall be based on changes in commodity value and processing costs. GhaRg8G in DrE)nocciRg Costs may be nonsidered when Y reeyalu atiRg the / dj stmont +' C N Y The change in commodity value shall be calculated as follows: a� E 1. Multiply the base Commodity Revenue (June, 2017, applied for the 2019 base) by U the Single-family residential, Multifamily Complex and Commercial Customer a 7 Packet Pg. 72 4.I.a sampling rates from 2017 (applied for the 2019 base) for each commodity and by the tonnages of recycling from City customers in the adjustment evaluation period. w 2. Add the revenue of the separate commodities together. This is the "Base I- Commodity Value." 3. Multiply the commodity rates for the current evaluation period by the sampling a rates for the current evaluation period and by the tonnages of recycling from City Z customers in the adjustment evaluation period. This is the "Adjustment Commodity Y Value." 0 4. Find the difference between the Base Commodity Value and the Adjustment Commodity Value. This is the "Total Commodity Adjustment Value." a� The change in processing costs shall be calculated as follows: 1. Calculate the "Total Base Processing Cost" by multiplying $70.62 (the 2017 Processing Costs per ton as applied for the 2019 base) by the tonnage of recycling for the Adjustment evaluation period. 3 2. For the January 1, 2024 adjustment, calculate the Processing Cost per ton for Single-family Residential recycling by multiplying $114.46 (the Processing Cost E per ton for Single-family Residential recycling in 2023) by the inflation adjustment c factor as calculated in Section 3.3.1 for the Adjustment evaluation period. To E calculate the Processing Cost per ton for each subsequent January 1 adjustment, a the prior year's calculated Processing Cost per ton shall be multiplied by the i inflation adjustment factor as calculated in Section 3.3.1 for the Adjustment o evaluation period. 3. For the January 1, 2024 adjustment, calculate the Processing Cost per ton for M Multifamily Complex and cart-based Commercial Customer recycling by M multiplying $116.77 (the Processing Cost per ton for Multifamily Complex and Cart- based Commercial Customer recycling in 2023) by the inflation adjustment factor as calculated in Section 3.3.1 for the Adjustment evaluation period. To calculate the Processing Cost per ton for each subsequent January 1 adjustment, the prior year's calculated processing cost per ton shall be multiplied by the inflation adjustment factor as calculated in Section 3.3.1 for the Adjustment evaluation E period. C 4. For the Adjustment evaluation period, multiply the Processing Cost per ton for E Single-family Residential recycling by the Single-family Residential recycling a tonnage and the Processing Cost per ton for Multifamily and Cart-based o Commercial recycling by the Multifamily Residential and Cart-based Commercial Customer recycle tonnage and add them together for the "Total Adjustment o Evaluation Period Processing Cost." 5. Find the difference between the Total Base Processing Cost and the Total L) Y Adjustment Evaluation Period Processing Cost. This is the "Total Processing Cost Adjustment." The Total Commodity Adjustment Value and the Total Processing Cost Adjustment E shall be shown separately and then added together to determine the "Total u Adjustment." a s Packet Pg. 73 4.I.a The City shall either approve the recalculated Total Adjustment or modify it if the City G reasonably believes that the proposed Total Adjustment exceeds the amount necessary to cover losses from Commodity Revenue. The City will base the final r approved Adjustment on the approved Total Adjustment with the goal of providing a additional revenue to match the Total Adjustment on a monthly basis and provide it to Z the Contractor with its decision by October 15. Y 4- 0 Implementing the recalculated m,,, �'�a Adjustment will require City Council approval W if the annual change in the recalculated Adjustment is an increase greater than or equal to 5% of the original Adjustment taking effect on September 1, 2019. The City shall not be required to increase the Adjustment if it exceeds the amount in effect on September 1, 2019. If the approved Total Adjustment shows an increase in revenue Customers subject to the Adjustment will receive a rebate instead of paying the Adjustment. r s= E The following table outlines the evaluation periods and deadlines applying to any modifications to the Adjustment. E Q L Modified c Report City Notify 0 Adjustment Adjustment to City Decision Customers Evaluation Period Effective LO M y By By Date M July 1, 2022 — June 30, 2023 lily 1, 2019 lon 21�29 e iori Q I � n�n R 3 C July 1, 2023�—nJune 30, 2024 February r—G�t2ja y C 31, 202� E July 1, 2024�—(�June 30, 2025 Februaryr, 2021 jaRuary E 31, 2-022 October October a November 0 July 1, 2025 — June 30, 2026 1 115,*� M.,,, * nc. January 0 February 1 702—� Febru 7 Febury 1 10 n* l A�I 1* Vl 31, 2023� 7- 2� � E July 1, 2026 — June 30, 2027 February 'Ie 2023 ia Y 1, 2024 January 1, 2028 —�(Mr�a�rch 31, Y 2028February , 2024 C eb '�`�926 dam 1, 2026 Q 9 Packet Pg. 74 ��+ February 1, 2026 dairy 31 20 27- n' y Febri ap, 1 202-7 —ja ry i 31, 2029 �p � February 1 2029 dam Q 31, 2029 C d Y * If the annual change in the recalculated Adjustment is an increase greater than or c equal to 5% of the original Adjustment, the City may take longer to decide on, notify Customers about, and implement the Adjustment, as approving it will require City Council approval. If the Contractor fails to mail notification to ratepayers by November 10, due to missed deadlines for implementation of the contamination reduction program or for the Adjustment evaluation, or due to rate calculation errors by the Contractor, implementation of the new rates may be delayed by one (1) month intervals without 3 opportunity for recovery of lost revenue, until all provisions of the contract have been met. E E c The following definitions shall apply to this subsection 3.3.4: E a • "Commodity Revenue" means the average revenue, per ton of inbound material, from the sale of commodities produced at the materials recovery facility ("MRF"). o U • "Commodity Sampling" means a proportionate breakdown of each marketed M commodity per ton of processed Recyclables. • "Processing Costs" means the average cost, per ton of inbound material, of operating the MRF that receives the City's Recyclables, including but not limited to the cost of residue disposal. r c a� • "Residue" means the material separated during the processing of Recyclables that E has no market value. E Q 0 a 0 U Y c m Y c m E t v r r Q 10 Packet Pg. 75 4.I.a Section 9. Liquidated Damages. The table within Section 4.1 of the Agreement, entitled "Liquidated Damages" shall be amended as follows: N Action or Omission Amount `o Collection before or after the hours/days Three hundred dollars ($300) per a as specified in Section 2.1.3, or truck route (each truck on each collection other than regular scheduled route is a separate incident). Y collection day, except as expressly c permitted. Action or Omission Amount Repetition of complaints on a route after One Hundred dollars ($100) per 3 notification, including, but not limited to, incident, not to exceed thirty (30) �- a� failure to replace containers in complaints per truck per day. W designated locations, spilling, not closing 3 gates, replacing lids, crossing planted areas, or similar violations. E Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five E Hundred dollars ($500) per incident. L r Leakage from Contractor vehicles or Five Hundred dollars ($500) per vehicle contents. vehicle, per inspection, plus clean- LO up costs. ti M Collection vehicle exceeding existing One thousand dollars ($1,000) per street weight limits by one thousand incident. (1,000) pounds or more. J Failure to collect missed materials within Two hundred and fifty dollars ($ one (1) business day after notification. $250) per incident to a maximum E of five hundred dollars ($500) per c truck per day on Single-family E Residence routes and no maximum Q for Multifamily Complex and o Commercial Customer routes. N 0 Three (3) missed collections of the same Two hundred and fifty dollars W service address within a six (6) month ($250) each occurrence. The period. Customer shall be credited for Y each missed collection during the Y six (6) month period. W E U a 11 Packet Pg. 76 4.I.a Collection as Garbage of Source- Two hundred dollars ($250) per separated Recyclables or Yard & Food incident, up to a maximum of one Waste in clearly identified containers, thousand and five hundred dollars L bags or boxes. ($1,500) per truck, per day. 0 a Collection of Garbage containing visible Fifty dollars ($50) per incident. , quantities of Yard & Food Waste. Y 0 Action or Omission Amount as Rejection of Garbage, Recyclables, or Fifty dollars ($50) per incident. Yard & Food Waste without providing 3 documentation to the Customer of the a a� reason for rejection. Failure to deliver Detachable Containers One Hundred dollars ($100) per 3 to new Commercial Garbage Customers container per day. within three (3) days. E c Failure to deliver, pick up, or replace One Hundred dollars ($100) per E carts, Detachable Containers, or Drop- container per day. a box Containers within three (3) days of i request to Multifamily Complex or o Commercial Customers requesting L) service. LO M ti Failure to deliver, pick up, or replace One Hundred dollars ($100) per Garbage, Recycling or Yard & Food container per day. Waste Carts within seven (7) days of request to Single-family Residence Customers requesting service. r c Failure to collect, increase, or decrease One hundred dollars ($100) per E the regular collection frequency of container per day. designated City street cans, and City E facilities cans, carts, containers, drop Q boxes within (1) one business day after o notification. 0 Material misrepresentation by Five thousand dollars ($5,000) Contractors in records or reporting. per incident. L) Y Failure to make required reports on Two hundred and fifty dollars time. ($250) per incident. Y Failure to comply with reporting Two hundred and fifty dollars requirements in Section 2.3.4 ($250) per incident. U 0 a 12 Packet Pg. 77 4.I.a Failure to replace reported leaking Five hundred dollars ($500) per containers within 24 hours of notice. container/incident, up to maximum W of two thousand dollars ($2,000) L per inspection. 0 Landfilling or incineration of One thousand dollars ($1,000) per a uncontaminated loads of Recyclables or vehicle, per incident. Yard & Food Waste without the express Y written permission of the City. c Action or Omission Amount 2 as Disposal of Recyclables or Yard & Food One thousand dollars ($1,000) per 2 Waste residuals in an amount greater month. than five (5) percent. Failure to meet customer service ring, Two hundred fifty dollars ($250) on-hold time performance requirements. per incident. 3 c Garbage, Recycling, or Yard & Food Two hundred dollars ($250) per E Waste complaints made to the City that unresolved complaint. were unresolved by Contractor within E one (1) business day after notification. Q U Failure to include instructional and One Hundred dollars ($100) per promotional materials when Garbage, incident. 0 U Recycling, and/or Yard & Food Waste Carts are delivered. ti M N fC Section 10. Attachment B. Attachment B of the Agreement, entitled "Contractor a, Rates" shall be updated on an annual basis in accordance with Section 3.3. J r Section 11. Attachment C. Attachment C of the Agreement, entitled "Rate Modification Examples" shall be deleted and replaced in its entirety with the attached Attachment C. E c Section 12. Capitalized Terms. The parties agree that capitalized terms not otherwise E defined in this Amendment shall have the meaning set forth in the Agreement. 0 Section 13. Ratification. All acts consistent with the authority of this Amendment #2 N and prior to its full execution by the parties are ratified and affirmed, and the terms of the Agreement and this Amendment #2 will be deemed to have been applied as of the W effective date of this Amendment. Y Section 14. Effective Date. This Amendment #2 is effective as of the last date signed Y below. a� E U 0 a 13 Packet Pg. 78 4.I.a Section 15. Continuing Effect. Except as specifically amended by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. In W the event of a conflict in meaning between the Agreement and this Amendment, this o Amendment shall prevail. Q Section 16. Counterparts. This Amendment may be executed in one or more , counterparts, each of which shall be deemed an original and all of which combined shall Y constitute one and the same instrument. Facsimile and/or electronic copies of the parties' c signatures shall be valid and treated the same as original signatures. IN WITNESS WHEREOF, the parties have entered into this Amendment to be effective as of the Amendment Effective Date. Rabanco, Ltd. dba Q Kent Meridian Disposal dba Republic Services of Kent City of Kent, Washington 3 By: By: Name: Name: Title: Title: a Date: Date: a L r O U LO M ti M N fC 3 a1 C R J r C d E C N E Q R N O Q N U Y c m Y c m E t v r r Q 14 Packet Pg. 79 4.I.a City of Kent Collections Contract Attachment C (Amended 2023 for King County Disposal Rate Restructure) N L 0 Annual Rate Adjustment Examples a The collection and disposal components of the Customer charges listed in Attachment B shall be adjusted separately, as appropriate. The collection component of Customer charges shall be 4 adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B shall be adjusted only if the City receives notification from the County of a pending disposal fee adjustment and shall not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Q. Collection Component Adjustment W This adjustment will be used for all non-disposal rates, charges, and payments. Example: Adjustment Factor for January 2025 — December 2025 (2025) Rates 3 c a� Inflation July 2023 June 2024 % Weighted Adjustment Index Index Difference Weight Average Component Value Value From Base Change a U CPI-W 205.0 217.0 .0585 42% .02457 c Fuel [21 225.0 270.0 .2000 8% .01600 ci Labor [31 110.0 120.0 .0909 50% .04545 ,n M ti M Weighted Index (total of weighted average of three components + 1.0) [41 1.0860 Example: J 2024 32-Gallon Cart Collection (collection component) Fee: $17.09 2025 Adjustment Weighted Index (calculated as above): 1 .0860 E 2025 32-Gallon Cart Collection (collection component) Fee: $18.56 E Notes a [1] Annual consumer price index for Urban Wage Earners and Clerical Workers, o Seattle-Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SAO, (weight of 0. 42%) [2] US Energy Information Agency Natural Gas Prices, Transportation Sector, Vehicle Fuel Price (annual nominal), (weight of 8%) Y [3] June Employment Total Compensation Cost Index for Private Industry, Unionized Service-Providing Industries, Series ID No. CIU201 S00000051 01 (B, H), (weight of 50%) Y [4] In this example, there is no adjustment for correction to the estimated 2010 index, as described in Section 3.3.1. If there were, it would be added to/subtracted from 1.0860. E U a Rate Modification Examples Page 1 of 4 Packet Pg. 80 4.I.a Disposal Component Adjustment In the case of a disposal fee and/or Fixed Annual Charge (FAC) modification at County disposal facilities, the disposal component of each service level listed in Attachment B shall be adjusted as follows: N L 0 The disposal composite rate per ton shall be derived annually by adding the King County a tipping fee rate per ton plus the FAC increment per ton. aD The City's Base FAC increment per ton shall be derived by dividing the City's total FAC for the Y year by the City's Garbage tonnage from the previous full calendar year as listed in the King County FAC Allocation Table. a� After the initial year, the Base FAC increment per ton shall be adjusted each year based on the rate of change of FAC per ton tonnage over two previous twelve month periods, and the adjustment up or down shall be multiplied by 1.5 and added to the Base FAC increment per a ton for the next year's Adjusted FAC increment per ton calculations. This Adjusted FAC W Increment per ton shall be based on the difference between the FAC increment per ton for the r current year's FAC/tonnage from the prior twelve month period ending June 30t" and the prior year's Base FAC increment per ton. Upon mutual agreement in September, 2025, the City and Contractor shall review and revise the method for calculating the Adjusted FAC Rate per Ton to ensure all FAC and disposal a revenues have been collected to pay the FAC charged by the County. If the adjustment method is revised and agreed to by both the City and Contractor, the revised method shall apply to adjustments applied for rates in 2026 and future years. 0 LO For an example, assume tonnages of 82,000 tons in 2022, 80,000 tons in 2023 and 81,000 ti tons in 2024, equally distributed each month. a� If the City's 2024 FAC was $2,700,000 and the 2022 calendar year tonnage was 82,000 tons, the initial FAC increment per ton for rates effective January 1, 2025 would be $32.93 ($2,700,000 / 82,000). r If the City's 2025 FAC was $2,800,000 and the 2023 calendar year tonnage was 80,000 tons the initial FAC increment per ton for 2025 would be $35.00 ($2,800,000 / 80,000) and would then be adjusted. a The adjustment would be calculated based on the FAC of $2,700,000/80,500 tons (tonnage a from July 1, 2023 — June 30, 2024), or $33.54, minus $32.93 (Base FAC increment per ton o from 2024) with the result multiplied by 1.5. The adjustment of $0.92 would be added to the calculations for January 1, 2025 rates for a FAC increment per ton of $35.92. Y If the tipping fee for 2024 was $170.00 per ton, then the disposal composite rate in 2024 shall Y be $202.93. ($2,700,000 / 82,000) + $170.00 = $202.93 per ton r r If the tipping fee for 2025 was $175.00 per ton, then the disposal composite rate in 2025 shall a be $210.92. Rate Modification Examples Page 2 of 4 Packet Pg. 81 4.I.a ($2,800,000/80,000) + 1.5*(($2,700,000/80,500) — ($2,700,000/82,000)) + $175.00 = $210.92 per ton N •L O t r.+ 7 Q If the old disposal collection component of a 32-gallon Cart is $10.00, the old disposal composite rate is $202.93 per ton, the new disposal composite rate is $210.92, and the current Y excise tax rate is 1.75%, then the new disposal component of the rate shall increase to $10.40 ch on January 1. a� Step 1: BFACR = NFAC/CT Step 2: AFACR = BFACR + 1.5 x (CFAC/NT— PBFACR) a o: Step 3: ADCT = AFACR + NTR r r Step 4: NDC = ADCT/ODCT x ODC Step 5: FNDC=NDC+[(ADCT-ODCT)x CETR] Q Where: NT = New Tonnages from most recent 12 month period ending June 30t" CT = Current Tonnages from the most recent available calendar year 0 OT = Old tonnages from prior 12 month period ending June 30t" LO CFAC = Current Year Total Fixed Annual Charge ti NFAC= Next Year Fixed Annual Charge BFACR = Base Fixed Annual Charge Rate Per Ton PBFACR= Previous Base Fixed Annual Charge Rate Per Ton AFACR = Adjusted Fixed Annual Charge Rate per Ton ADCT = Adjusted Disposal Component per Ton NTR = New Tipping Rate NDC = New Disposal Charge, pre adjusted excise tax ODCT = Old Disposal Charge per Ton ODC = Old Disposal Charge a FNDC = Final New Disposal Charge N CETR = Current excise tax rate (the current State excise tax rate of 1 .75% a used for this example o o: o: U Example for 2025 Y a Y Step 1: $2,800,000/80,000 = $35.00/Ton Step 2: $35.00 + 1.5 x [($2,700,000/80,500) — (2,700,000/82,000)] _ $35.92/Ton r r Step 3: $35.92 + $175.00 = $210.92/Ton a Rate Modification Examples Page 3 of 4 Packet Pg. 82 4.I.a Step 4: ($210.92/$202.93) x $10.00 = $10.39 Step 5: $10.39 + [($10.39 - $10.00) x .0175] = $10.40 a� N �L O So, the new customer rate for a 32-gallon Cart is $28.95 where the new collection component a is $18.56 and the new disposal component is $10.40. a� Y O m m 2 Q. a� r 3 c a� E c a� E a L r O U LO M ti M N fC 3 a1 C R J r C d E C N E Q R N O Q N U Y c m Y c m E t v r r Q Rate Modification Examples Page 4 of 4 Packet Pg. 83