HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/7/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, November 7, 2023
KENT 5:00 PM
WASH I NGTON
Chambers
A live broadcast is available on Kent TV21,
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call 1-888-475-4499 or 1-877-853-5257
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 5 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Appointment to the Kent Arts Commission
iii. Proclamation for Holodomor Remembrance Month
B. Community Events
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
City Council Meeting City Council Regular Meeting November 7, 2023
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkCDkentwa.aov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerk0kentwa.gov.
Alternatively, you may email the Mayor and Council at MayorpKentWA._gov and
CityCouncil@KentWA. ocovv. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Oct 17, 2023 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Oct 17, 2023
7:00 PM
B. Payment of the Bills - Approve
C. Excused Absence for Councilmember Thomas - Approve
D. Excused Absence for Councilmember Larimer - Approve
E. Appointment to the Kent Arts Commission - Appoint
F. Write-offs of Uncollectable Accounts - Authorize
G. Ordinance Amending Chapter 7.02 of the Kent City Code related to the
City's Water Utility Billing Services - Adopt
City Council Meeting City Council Regular Meeting November 7, 2023
H. Grant Agreement with the Washington Department of Commerce for the
Community Immersion Law Enforcement Program - Accept
I. Contract Amendment with Republic Services of Kent - Authorize
9. OTHER BUSINESS
10. BIDS
A. City of Kent Courtroom Refurbishment - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.aov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.3
PROCLAMATION
WHEREAS, the Holodomor, or "murder by starvation," was one of the most tragic
historical events in the history of Ukraine that resulted in the deaths of
at least five million men, women, and children in Ukraine; and
WHEREAS, Holodomor was genocide committed by Soviet communist's regime
under the rule of Joseph Stalin against the people of Ukraine; and 0
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WHEREAS, Washington State is home to nearly 80,000 recent immigrants with o
Ukrainian heritage, making it the fifth largest Ukrainian-American
population in the United States; and
WHEREAS, with over 4000 Ukrainian-Americans, the City of Kent enjoys one of the
a
largest Ukrainian diaspora of Washington State; and
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WHEREAS, Americans with Ukrainian heritage living in Kent have enriched our city 0
through their leadership and contributions in business, academia,
government, and the arts; and
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WHEREAS, this year marks the 90th anniversary of the Holodomor genocide; and E
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WHEREAS, Russia's ongoing invasion of Ukraine has led to the displacement of
nearly seven million people and forced over six million to flee to 0
neighboring countries, creating the fastest growing refugee crisis in E
Europe since World War II; and -0
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WHEREAS, the commemoration of the Holodomor is meant to ensure that it will not =
be forgotten and that history doesn't repeat itself. 0
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM °
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NOVEMBER 24, 2023 TO BE E
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Holodomor Remembrance Day
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In Kent Washington and encourage all residents, as well as our elected
representatives, to commemorate the Holodomor with appropriate activities designed
to honor its victims and educate future generations about this episode in the world's
history. E
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In witness whereof, I have hereunto set my hand this 7th day of November, 2023. v
Mayor Da Ralph
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of department ! •
November 7,2023
processed 200 body worn camera videos
ADMINISTRATION
totaling nearly 3,410 minutes of footage.
Administration Communications
• Staff from ECD, PW, Law, Media and the A big thank you to staff and the community o
Clerk's Office have been working diligently for their participation at the annual L)
to prepare for the annexation of the
Haunted Boo-Levard at Kent Station this o
Bridges community by Auburn. Notice has Year! N
• Winter weather is here! The Winter r_
been sent through a number of avenues Weather Plan provides tips and best
including reader boards, broad-based practices for preparing for winter weather,
mailings, and through the HOA. The goal of as well as the City's capabilities and o
Kent and Auburn is that the annexation will strategies for maintaining roadways and
be effective January 1, 2024. We will have public safety during inclement weather
events: www.kentwa.gov/guides/winter-
a special meeting of the Council to take weather-plan
final action at 5:00 pm on November 28. • KentNow! Fun, educational, and engaging o
• Special thanks to Finance staff for the work discussions. Subscribe to KentNow, the
performed to present a balanced budget for podcast that keeps you in the know about 2-
Council approval. The budget will be before Kent. Check out new episodes every other N
you for final approval on November 21. Thursday!
• After a period of requests and multiple o Apple Podcasts apple.co/3J2UMkd a
meetings between Kent and King County, o Spotify spoti.fi/3GNCeli
King County has started the process of o Amazon Music amzn.to/3jjaOvU
cleaning up camps, waste, and inoperable o
vehicles from the roadway at the Titus Pit
area in King County. Kent has no Long Range Planning
jurisdictional authority over the area as it is ECD, on behalf of the City, has received a E
outside of the boundaries of Kent. The City $75,000 WA State Department of
appreciates the County's willingness to Commerce grant to explore middle housing
take action. opportunities. The grant funding will be
Clerk's Office used to implement and refine elements of
During the month of October, the City the Kent Housing Options Plan (KHOP),
• Comprehensive Plan Update, and new state
Clerk's Office processed more than 125 laws.
contracts, conducted 5 bid/RFP openings, The Comprehensive Plan update is in Phase
closed 868 requests for public records, and II - Framing, which runs through the end of
2023. On October 19, there was a meeting
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with the city's own subject matter experts Kherson Park, and discuss partnership
to discuss potential opportunity areas for possibilities. For ten years Christina worked
growth. On November 13 at 6 PM, there along side Apollo 11 astronaut Buzz Aldrin
will be a joint City Council and Land Use and launched his education foundations -
and Planning Board workshop to discuss ShareSpace and the Aldrin Family
future land use scenarios. Foundation. Currently she is working with
• In partnership with Economic Development Apollo 16 astronaut Charlie Duke, driver of
team, staff are pursuing a new round of one of the Lunar Rovers remaining on the
federal grants to support brownfields moon.
mitigation efforts. Due to the complex The City was awarded Port of Seattle grant
nature of the work, these are long term to provide promotional signage at the
grants intended to provide funds and SeaTac Airport during Q1. Staff will use
technical assistance to communities, this opportunity to promote Kent Culinary a
states, tribes, and others to assess, safely Tourism restaurant and market tours
clean up and sustainably reuse hosted by LTAC grant recipient, Christina =
contaminated properties. Arokiasamy, a Kent resident and world-
Economic Development class chef whose work was recently ;
• Staff are promoting and connecting area featured in the New York Times. L)
CBOs to the free or low-cost small business Current Planning E
supports available from Business Impact Review on significant projects continues, ,°
NW as a result of a new, three-year including work on the Suton multifamily
partnership with the city. All small development (behind Lowe's) and the a
businesses operating in Kent can benefit Metro Transit I-line Bus Rapid Transit plan
from a network of connections and review. The Current Planning Manager and
resources that are not only extensive but Deputy Director attended meetings with a
also easy to navigate, ensuring that Sound Transit at their offices in Seattle
businesses can focus on growth and long- recently as a part of the RFP proposal )
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term sustainability. Interested businesses review process for the south TOD site at
can learn more and sign up for services at KDM station, as the City still awaits pre-
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BusinessImpactNW.org/cityofkent app submittals from Mercy housing for the >
• Staff hosted two virtual information north TOD site.
sessions for potential applicants to learn Rental Housing Inspection Program N
more about the City's Commercial • RHIP has been hard at work managing •c
Affordability Grant program established in inspections and follow up for the 118 E
partnership with Grow America, formerly properties (3,873 units) in the NE Sector. w
the National Development Council. Funded 30 properties have successfully completed °'
by $1.5 million in Federal American Rescue the program, and 55 properties are
Plan Act dollars, these grants will fund pre- working currently to become compliant,
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development costs for real estate projects and 33 properties will be receiving the W
that provide ownership or affordable long- monthly reminder letter that the
term lease opportunities for small compliance deadline is quickly approaching.
businesses disproportionately impacted by The most commonly cited deficiencies E
the pandemic. Approximately 25 business include missing/inoperable smoke U
organizations participated in the sessions. detectors, unsafe stairs/guardrails, holes in
• Economic development staff were fire-rated barrier walls, faulty electrical
extremely excited to meet with Christina outlets or switches with exposed wiring or
Korp, founder of SPACE For a Better World, other damage, and improperly installed hot
whose aim is to and raise awareness about water tanks.
the ways space tech can be and already is
being used for good. Christina visited to
learn about Kent's efforts to promote
aerospace careers, tour Space for Kidz at
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• Finalizing the non-represented
compensation study
Accounting, Reporting, & Payroll Benefits
• Payroll remitted the first payment of WA Flu shot Clinics November 1st - Centennial
Cares funds to the State for the period July building and PW Operations
1, 2023 through September 30, 2023. Medical Open Enrollment - October 26th -
• The 2022 Accountability Audit is underway November 9th
and requests are being distributed to Open Enrollment presentation - November
appropriate City staff. 2nd at 4:30 pm
Customer Service Go for Gold or Platinum Wellness Challenge
• October utility statements included an ending on November 3rd
insert with information on the City's Lifeline LEOFFI Board elections - final week to
program. This important program provides return nominations a
eligible utility customers an opportunity to Risk Management co
apply for a discount on their utility bill. Meeting with Alliant and WAPEG this week a
• Interviews for the vacant Account regarding January 1st liability policy
Representative position were held on renewals. ;
November 2nd. AlertMedia test notifications were sent out U
Budget last week in conjunction with The Great E
• Ordinances for the Q3 2023 Supplemental ShakeOut. We will be debriefing with °
Budget Adjustment, the 2024 Mid- Emergency Management (PSRFA) next
Biennium Budget Adjustment, and the week. a
2023 Tax Levy for the 2024 Budget will be Workday
presented to Council at the November 7th • Continue to configure updated integration V_
Committee of the Whole meeting. Over to Mission Square. a
the next few weeks, the last 2023 budget • Configure and test new integration for SSN
changes will be calculated and processed, Verification. )
along with creation and editing of positions • Continue review, configure and testing of
in Workday related to the 2024 Mid- new I-9 process. o
Biennium Budget Adjustment. Configure and test updates to time entry >
for exempt staff in Workday. W
• Configure, test and rollout Performance N
Evaluation for Public Works Operations
Recruiting Review and complete multiple time audits. E
• Three new hires starting on November 1: • Tracking, configure and testing multiple a
Christopher Flowers (Police Officer), Ryan tickets with CVS (Workday consultants)
Husby (Police Officer), and Mark Madella Preparing for year-end processing.
(Lateral Police Officer). • Workday September Statistics: c
• Interviews taking place for the following o 9035 - Total number of business }'
positions: process events initiated during the
o Facilities Services Supervisor (10/30) selected month. '
o Account Representative (11/2) o 421 - Total number of business process E
o Environmental Supervisor (11/1) events that were initiated by a manager c i
o Environmental Specialist (10/30) during the selected month
• Eligibility list for Evidence Technician o 206 - Total number of business
Supervisor established on October 30, processes completed including new
2023m hires, separations, and job changes.
• Attending the 2023 Insights Conference on o 885 - Total number of employee
November 3 benefits business processes completed
• Participated at the Kent High Schools in the selected month. This includes
Career Fair Event on November 7 and Kentlake and Kentwood high schools retirement savings changes, addition of
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dependents to an enrollment, new
enrollments, and changes to eligibility.
Process Improvements Covered one Community Court calendar in
• The Leadership team enjoyed a successful September. On it were 58 cases across 37
tour of a renowned Lean teaching facility. defendants, where 18 failed to appear. Just
Continuing to work on outputs from our
Executive Leadership Team offsite, along one of the defendants who appeared was
with planning ELT meetings to carry the out of compliance to such a degree that a
conversations forward. sanction was imposed. All others were
Department Updates demonstrating progress.
• Emergency Response System: AlertMedia Covered one expired bench warrant
alerts were sent out October 19th in calendar in September which included 103
concert with the Great Shakeout. cases spread across 83 defendants. Only
AlertMedia was used during the internetco
outage, which proved to be a very useful two defendants appeared.
tool for communication, when our internet Covered 76 other court calendars in
was inoperable. October, which included 1,553 cases
• Career Page: HR and Multi-Media are scheduled for hearing, spread across 1,064 0
working on a total refresh of the current defendants. Of those, 559 cases were for E
Career page to improve our recruiting 318 defendants who were held in-custody. y
efforts and the candidate experience. This Of the remaining 746 defendants who were c
will include new content, videos, photos, a
and a more current look. required to appear in court on an out of
• Giving Campaign: The Giving Campaign is custody basis, 183 failed to appear (a
this week and we have exceeded 100 24.5% failure to appear rate). a
donations from local vendors! Incredible • Of the 93 cases set for jury trial in October,
support for our nominated charity, nine were confirmed for trial, whichJA
Children's Therapy Center. resulted in three defendants who pled
guilty on the day of trial, two defendants O
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whose cases were continued to a future
Information Technology Projects jury term, one defendant whose case was N
• End Point Privilege Management - To dismissed, and three defendants who
remove excessive user privileges and E
control end users' rights on specifically proceeded to trial. One of the trials a
called out applications and computer resulted in a mistrial and the case was sent
functions. For the City of Kent, most back to a pre-trial hearing. The other two
importantly, it is to remove the cases both resulted in jury verdicts of "not
"Administrative Rights" on their guilty": °
workstations/computers. o The first trial involved domestic
• Commvault Replacement - To replace the violence charges of Assault and
existing enterprise data backup and
recovery solution before the current on- Harassment. The defendant was U
premises solution reaches end of life and allegedly intoxicated when he punched
support. his wife multiple times and threatened
Information Technology operational support to have "powerful people" harm her if
for October 22, 2023 to October 31, 2023 she reported the assault to the police.
• Number of tickets opened - 108 The defense argued against the
• Number of tickets closed - 232
victim's credibility because she waited
10 days before reporting the crimes.
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o The second trial involved charges of • Assisted in drafting ordinances to adopt the
Assault and Malicious Mischief. The supplemental and mid-biennium budget
defendant allegedly arrived uninvited adjustments.
to her parent's home to have contact • Advised City departments on several
with her estranged daughter. When procurement and contract matters related
things did not happen as the defendant to various ongoing projects.
desired, she allegedly pulled off the • Assisted outside counsel on a number of
front door screen and attacked her cases currently in litigation.
mother, knocking her down and • Assisted the Clerk's Office on the
striking her several times. The defense coordination and processing of large public
argued the victim was the primary records requests.
aggressor. Worked with staff to acquire the property
• Defended the City at a tow/impound rights necessary to complete various c
hearing challenging the impound of a projects throughout the City. —
vehicle that was parked on a City street for
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over 24 hours after being properly tagged A� RECREATION MMUNITY SERVICES U
with a notice to remove the vehicle. The E
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court found the impound to be lawful. Recreation and Cultural Services N
• Assisted the Police Department in abating a Great news for students at Meridian Middle a
chronic criminal nuisance against a School! Kent Parks just added another day
property where the owner was deceased, of after school programming each week
but the home had been taken over by his featuring open gym sports from 1-5pm in a
female companion and her adult children Meridian's main gym on early release
Wednesdays. Basketball, soccer, and Y,
who created and promoted the criminal Cooking Club are by far the most popular
nuisance behavior. Over the course of after school activities with interest growing o
several months, city attorneys and the in volleyball. Our Kent School District a)
Police Department collaborated with the partner closes out Wednesday participation '-
decedent's adult children who successfully by providing a free meal for each N
evicted the individuals creating and participant. Attendance averages 200 S
promoting the criminal nuisance behavior participants across all elements of this 'aa
program with new students registering a
on October 20. each week. 4-
Drafted an ordinance to codify changes to Kent Parks hosted a volleyball coaches
procurement procedures within Chapter training clinic, Sunday, October 29th. o
3.70 of the Kent City Code. These changes Green River College head volleyball coach,
will streamline procurement processes for Kyle Densley, graciously spent his free time r_
multiple City departments and will proceed training our volunteer coaches on best E
before Council's Committee of the Whole coaching practices and the technical c
aspects of setting, serving, and passing.
on November 7, 2023. Our coaches were so engaged in this
• Conducted contract training for Parks and valuable opportunity that Coach Densley
the Police Department. stayed for an extra 45 minutes to answer
• Assisted Parks in the review and award of their questions. Our coaches are better
construction contracts to renovate the prepared to coach youth volleyball thanks
courtrooms at Kent Municipal Court. to this beautiful example of community
building. The youth volleyball jamboree
was Thursday November 2nd with regular
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season league play beginning November southbound onramp to I-5. The driver and
6th. sole occupant were arrested without
• Seven artworks by five artists were chosen incident. Federal Way PD arrived to take
from a pool of 44 applicants for the Kent custody of the driver and impound the
Arts Commission's new Digital Art Project. vehicle.
The video artworks will be displayed at On October 12, at 11:25 p.m. an armed
Kherson Park via the new projector system. robbery took place at 7-11 on W Meeker.
The artists range from local (Kent) and Four suspects armed with an AR pistol
regional (Mountlake Terrace), to national robbed the store employee and fled in a
(Indiana, Florida, and New York). car. After obtaining video by officers, it was
• Artworks by Toka Valu and Sonya Lang discovered the suspects used a blue Audi
have been on display in the Centennial that had been stolen in a Seattle carjacking
Gallery throughout the months of a few hours earlier. In reviewing the video, a
September and October. This show comes officers noticed one of the suspects placed co
down on Friday, October 27 and will be his bare hands on the counter to jump
replaced with a new exhibit featuring over. AFIS was called out to recover prints.
artwork by Diane Walker and Kathy Great work by two student officers! ;
Roseth. On October 14, a newer model black 0
• The 2023-2024 Spotlight Series opened on Toyota Camry without plates almost struck E
Tuesday, October 17 with a performance an officer's patrol vehicle as it fled from the 0
by The Vienna Boys Choir - one of the parking lot of Kently Point. The Toyota was
oldest and most famous chorale groups in parked next to a Mercedes that was a
the world. The performance drew a crowd recently carjacked out of Bellevue. This
of 321 to Kentwood High School Performing information was provided by Bellevue PD
Arts Center. (BPD). BPD responded to recover the car a
and was advised of the Toyota Camry that
was involved in the carjacking. )
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Staff Changes - Hiring/Retirement/ On October 15, at 5:25 p.m. officers were
Recruitment/Leaves/Promotions notified of a suspicious circumstance near o
Commander Tung Promotion on November 1 132 & 240 St. The person reported a male >
Significant Crime Activities/Arrests/ subject had fired four to five shots at a M
Investigations black Acura SUV, before fleeing on foot. N
On October 10 at 10:36 a.m., officers The Acura fled the scene and was located •c
• recovered a stolen truck. Earlier in the abandoned at 24 Hour Fitness. Officers E
week this truck had taken off from our learned the victim had self-transported to w
West,Hill officers after coming from the the hospital, who was later transferred to
homeless encampment behind Lowes. It is Harborview where they underwent and
believed this same suspect is also survived surgery. Detectives were c
responsible for of felony crimes and uses contacted. Detectives located the suspect M
and with the assistance of Valley SWAT, •2
the encampment behind Lowes for criminal took the suspect into custody. '
activities. He has not yet been identified. On October 16, at 3:20 a.m. officers were E
Officers did a great job recovering this dispatched to the 12300 block of SE 204th US
and having AFIS on the scene to try ST for a report of a home invasion robbery
to identify the at large suspect. of an Asian family. The suspects entered
• On October 10, at about 11:08 p.m., the home armed with guns and forced the
Federal Way PD advised they had a recent family onto the floor. One of the suspects
carjacking with a gun heading towards struck the male victim in the head and then
Kent. With the vehicle making multiple proceeded to rummage through the home
circles officers placed themselves in for approximately one hour stealing several
position to deploy spikes. A pursuit lasted thousand dollars in cash as well as other
approximately 23 minutes ending on the valuables. Officers did a great job of
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quickly canvassing the area and locating and compassion trying to verbally talk the
several homes with video surveillance. suspect off the ground and onto a stretcher
They were able to obtain video that and into an ambulance to get cleared for
captured two vehicles being involved and booking. These efforts ultimately didn't
captured the suspects casing the work so the team of officers and fire
neighborhood before striking. Officers also personnel had to physically restrain the
contacted King County AFIS to process the suspect to get him onto the stretcher and
residence. All around great teamwork will detained in soft restraints. He was
greatly assist detectives! eventually transported to the hospital and
• On October 17, at 9:08 p.m. officers cleared for booking into the King County
responded to Jack in the Box at 23911 jail to await extradition to California. The
104th Ave SE for a robbery. The suspect suspect's mother arrived on the scene to
approached the register and brandished a take possession of the vehicle and a
handgun and demanded money from the commented that her son has struggled with
register. The register was empty at the mental health for most of his adult life.
time of the robbery, the victim at the Tremendous work by all on the scene to
register showed the suspect the till was use the lowest level of force necessary to ;
empty, and they fled the area. take the suspect safely into custody, get 0
• On October 18, at 7:15 p.m. officers went him appropriate medical treatment and be E
to a suspicious vehicle at the far end of the booked into jail. °
Country Estates (12400 block of SE 272 On October 19, officers responded to an
St). They found two occupants passed out armed robbery at 1:00 a.m. at 7-11, 1208 a
inside of a stolen car. Officers did a great Central AV N. 4-5. The subjects came in, W
job of proactively planning to detain the made their demands, and quickly exited r-
suspects as safely as possible. Officers the store with money, tobacco, wine, and a
quickly improvised when a resident pulled food. The suspects fled in an unlicensed W
in and flashed their headlights straight into Blue Audi. We quickly learned this vehicle )
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the suspect car, acting quickly by pulling was tied to other armed robberies in 4)
the driver out of the car. After detaining Tukwila and Auburn that same evening. o
both suspects, they discovered a gun in the On October 19, around 3:30 p.m., officers
waistband of the driver. The suspect was responded to a house in the 11000 block of
arrested. SE 201st St about an attempted robbery. N
• On October 18, officers viewed a driver run In speaking with the victim police learned c
a stop sign and he initiated a traffic stop. the suspect yelled at the victim through the E
The driver pulled over and remained calm window demanding she open the door. The w
and cooperative during his contact. Once victim refused, the suspect stated he was 2
the officer ran the driver through dispatch, armed, would force entry, and kill her if U
he learned of a felony assault warrant out she did not. The victim again refused and c
of California, with no bail. Officers were retreated to her bedroom to call her
able to get the driver to exit the vehicle daughter who viewed the camera footage •2
where he was handcuffed and advised with confirming the events and called 911. The '
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minimal force. Upon being placed in suspect fled without gaining entry and c
handcuffs, the suspect became resistant before police arrived. U
and somewhat combative, collapsing to the On October 20, officers located a stolen
ground and stiffening all his muscles to vehicle that was taken in a Federal Way
defeat attempts to get him into a patrol carjacking in the parking lot of the 76
vehicle. The suspect claimed he was Station. The vehicle was not occupied but a
"nearly paralyzed" and any contact with male and female were seen exiting the
anyone would cause him to immediately vehicle and going inside the gas station.
become paralyzed. Officers called Fire to Patrol drove into the lot and the suspects
evaluate, and the team of the officers and fled on foot. Foot chase led them to the Tri
fire personnel showed incredible patience Court Apartments. The suspects dropped a
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gun and fled to an unoccupied unit and of a recently stolen vehicle at the Chevron
forced entry. The suspect hid in the Gas Station located at the intersection of
building. Patrol immediately surrounded Military RD S and S 277th St. Two
the building with Gaurdian-1 assisting. individuals were seen associated with the
SWAT found the suspect hiding in the vehicle. Upon contact, one individual ran
bathroom and was taken into custody on foot eastbound on 277th St while the
without incident second remained cooperative with officers
• On October 20, at 5:30 p.m., officers at the vehicle. The foot chase continued
responded to a robbery at AM/PM at 24014 with multiple officers attempting to stop
116th Ave SE. The victim stated he was the suspect, who fled on foot. The suspect
getting gas, and while seated in his driver's ran south on 33rd and eventually into a
seat with the door partially open the residential backyard, where he was
suspect approached him, pushed a pistol confronted, and an OIS resulted. VIIT a
into his shoulder, and demanded his wallet. responded to take over the investigation, co
The victim complied. with Kent Officers assisting at the scene. _
• The suspect also demanded to go through On October 25, officers were dispatched to —
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the center console, then fled the area on a fraud in progress at Sound Credit Union ;
foot. at 10914 SE Kent Kangley RD. It was 0
• On October 21, at 1:26 p.m. officers were reported a woman inside was likely using a E
conducting an extra patrol at Target when fraudulent ID to attempt to get a cash °
they recognized a male with several advance on a line of credit. Upon contact
warrants. The male exited in a truck and with the woman, officers learned she had a
was quickly relocated and stopped. The presented three forms of ID. Through a
driver was arrested on several warrants. thorough investigation and interview of the
The suspect had several DV convictions, suspect, officers gained a confession from a
and a firearm was located inside the the woman. The suspect was subsequently
vehicle. The suspect admitted knowing he booked into the King County jail. )
L
was not to possess any firearms. He was On October 27, at 10:14 a.m., patrol was
booked on the warrants and officers will be dispatched to Safeway for a robbery. Loss o
filing felony weapons charges prevention confronted the suspect, who >
• On October 23 at 8:10 p.m., officers were was leaving the store with a cart full of
dispatched to Park Place Apartments about items, asking him to leave them there or N
people shooting. Officers on the scene return them and pay for the items. The c
located multiple casings lying in the suspect brandished a firearm from his E
roadway and parking lot of the apartment jacket pocket and refused to follow the w
complex, along with several vehicles in the commands of loss prevention personnel, °'
parking lot that had damage from being then left in a vehicle. Patrol was able to
shot. An apartment also sustained identify the suspect via photos and the c
damage. Officers spoke to a juvenile VIC case is referred to Detectives.
who claimed to have been targeted by the On 10/28, at 4:28 p.m., officers responded •2
assailants. The victim stated they and two to a robbery at the 76-gas station at 13122 '
E
other friends were sitting in a vehicle at the SE 240th St. The suspect had selected c
east end of the parking lot, smoking several items and went to pay for them. U
marijuana. The victim denied he or any of While the cash register was open, the
his friends having any firearms or shooting suspect flashed a firearm and demanded
in return. No injuries were reported, and the money in the till. Initially, the clerk
suspects are not identified at this time. said no, at which point the suspect said
Patrol processed the scene and collected they were homeless and needed money
evidence. Detectives and CDO were and demanded $100; the clerk pointed out
notified. he only had $50 in the till, and the suspect
• On October 23, at approximately 12:27 took the money and left on foot.
p.m., officers were dispatched to a report
Page 8 of 12
Packet Pg. 12
5.6
PUBLIC WORKS Lake Fenwick Alum Treatment: Alum
treatment work completed on Oct 25-26.
Survey Lake has changed in color from turbid to
• Survey Field staff are providing staking for green—an indicator that the treatment
active work on the 108th St. & SE 264th worked! Required reports and logs
Roundabout project, locating Lumen submitted to the city and are being
infrastructure and mapping topography in reviewed. Tetra Tech conducted baseline
Mill Creek Canyon for Parks. Office staff sampling on Oct 20, assisted the contractor
continue providing right of way support on in lake monitoring during and the day after
capitol projects and professional review of the alum treatment, and will do the
CIP projects. required sampling and monitoring post-
• GIS staff are working on customer treatment until Nov 2024.
dashboards, updating the Stream Course Winterfest: Staff will be participating in a
data model and the City geocoder and Kent's Winterfest Tree Lighting and Parade
creating a Water Meter map for Utility event again this year to provide pollution
Billing. Planning with other departments for prevention education and outreach.
GIS Day on November 15th, more Construction
information and notices forthcoming. Washington Ave S Stormwater Pump L)
ArcGIS Pro software update for power Station: Manhole channeling was E
users citywide. completed last week. Site work will be °
Environmental suspending until receipt of revised storm
• Mayor's Homeless Task force/On-Call drain catch basins. a
Garbage Contract: On-call contract for All 108th Ave SE and SE 264th St Compact
Pro and Trinity Development executed. Roundabout: Contractor is continuing V_
These two businesses will assist in the installation of new storm drainage this a
cleanup of the off ramps. 3rd Ave clean-up week. CIP wall excavation is taking place
work completed by All Pro.Staff will be as weather permits. )
L
working closely with Totem Logistics to 84th Ave S (East Valley Highway)
begin cleanups at multiple city-owned Preservation - S 212th St to S 196th St: o
properties. Locations have been identified. Kent City Council has authorized the Award >
King County UPLIFT program: Scope of of this project to ICON Materials from
Work to continue the UPLIFT ROW cleanups Pacific, WA. The Preconstruction Meeting N
program in 2024-2026 being developed by was held on Thursday, November 2. Work 'c
King County. Once received an RFC and began on Monday, November 6. E
memo will be created and routed for Design w
signature. Contract will require Mayor's Linda Heights: Ad date of 10/24/23 is t
signature and a presentation to COW being changed (TBD) to allow for plans and
tentatively on Nov 21. specs comments and coordination between c
• Planet Protectors Summit: Secured the consultant and Kent plans. Three-week
date and rooms with Green River College - Advertisement period, bid opening date to •2
Tuesday, March 26, 2024. Enrollment be finalized.
capacity is full with 521 students to attend 2024 Watermain Upgrade: Schedule needs c
the summit. Secured a sponsorship of to be coordinated with Metro and WSDOT U
$2,475 from Soos Creek Water District for road raising project on Smith/Mill Creek.
students attending from their water 60% review anticipated in mid Nov.
district. Sponsor money will go toward bus 2024 Pavement Preservation (Overlay):
transportation for these students and other Received additional scope of work from
event costs including presenters and Transportation and Operations to include in
rentals. Working on securing presenters. the project. Preparing overall budget to
EPA signed up as a presenter again for this reflect additional scope changes and
year's summit. identify funding. Design has started and
30% design scheduled for early November.
Page 9 of 12
Packet Pg. 13
5.B
• Green River Bridge Painting and Deck Solid Waste cleaned up debris on S 208th
Repair: NEPA CE documents at WSDOT for St from 84th Ave S to 108th Ave SE, S
review and approval. 100% PS&E review 212th St from the 167 overpass to 96th
underway. Comments were due Nov 3. Way S, 80th Ave S and 79th Ave S, from S
Reviewing construction schedule and 259th St to S 266th St, and on Veterans Dr
packaging documents for the provision from 54th Ave S to Military Rd.
appendices. Water Vegetation crews line trimmed,
• S. 224th St - Phase 3 West: Coordination mowed, and picked up litter at Blue Boy
with utilities for relocation(s) continue. Tank at 112th Ave and S 239th St, Elk Run
Lumen and PSE coordinating on shared water main easement, Kent POD 3
pole issues. Agreements for this work to be (Impound Site), Pump Station #5, Kent
presented to PW Committee Dec 12. 90% and Clark Springs, Scenic Hill sites, Seven
review expected to be distributed late Oaks Well, the East and West Hill sites, a
November. 212th Treatment Plant, the 208th Well, and
• SR 167 Median Drainage: Reaching out to removed a tree at the 640 MG zone
Traffic Control firms to update/develop (KEHOC).
plans. Street Vegetation staff winterized irrigation ;
• MMoM - 64th & Meeker and Kent systems at planted traffic islands on 228th, 0
Elementary Frontage: Preparing STIP ShoWare/James St, Kent Kangley, SE E
documents to be addressed on the January 204th St, PSE bed on 4th Ave N and S ,°
STIP meeting. 228th St, and on Pac Hwy, removed dead
• Mill Creek ReEstablishment: Corps project plants on James St Hill between Central a
manager provided detailed information to and 102nd PI SE, inspected drip irrigation
streamline submittals and reviews. at the James St beds, cleaned and
Reviewing options with consultants. maintained alleyways between Jason Ave N Q.
Preparing to split segments out to specific and Prospect Ave N, and maintained beds
reaches. Kennebeck - Lumen to pothole along the Shop on S 240th St on Russell )
L
facility and City to collect survey data. Rd.
Request for additional topo along The Sidearm crews mowed on 124th Ave o
Kennebeck. SE from SE 279th St to SE 248th St, 72nd
Streets Ave S from S 277th St to S 262nd St, 42nd
• Street Maintenance crews cleaned, PI S from S 216th St to 40th Ave S, S N
prepped, and poured for new sidewalk 216th from 42nd Ave S to 47th Ave S, SE c
sections at 203 E Gowe St, 204 W Meeker 192nd St from 108th Ave SE to 124th Ave E
St, and 303 W Meeker St, poured for curb SE, SE 196th St from 108th Ave SE to w
and gutter at S 212th St at Frager Rd, 124th Ave SE, 116th Ave SE from SE 240th
filled potholes at the SW corner of S 212th St to Kent Kangley, 152nd Ave SE from U
St Bridge, installed Tuff Curb on SE 260th Kent Kangley to SE 280th St, SE 267th PI c
St, east of 104th Ave SE, bladed shoulders from 144th Ave SE to 152nd Way SE,
at 3rd Ave S between Willis St and S 259th Benson Rd SE from S 277th St to S 262nd •2
St, ramped sidewalk at 19926 117th PI SE, PI and SE 240th St to 192nd Ave SE, 88th '
E
set out barricades on 4th Ave between Ave S from S 235th PI to 108th Ave SE, SE c
Willis St and W Crow St, and loaded 196th from 108th Ave SE to 124th Ave SE, U
sanders and plows at the Shop on S 240th SE 192nd St from 108th Ave SE to 124th
Ave SE in preparation of winter weather. Ave SE.
• Signs and Markings crews replaced signs Wetland Mitigation crews performed weed
for the Retro-reflectivity program on 120th control, mow, trim, and winterized
Ave SE, north of SE 240th St, SE 236th St, irrigation system at East Clark Springs, PSE
east of 120th Ave SE, 40th Ave S, south of beds on 4th Ave N and S 228th St, and
Cambridge Dr, picked up barricades at W replanted Phase 3 at the East Clark
Crow St, and 1st Ave N, and prepped Springs, E Gowe St, and at the Downey
vehicles ahead of snow and ice season. site.
Page 10 of 12
Packet Pg. 14
5.B
Water/Sewer reshaped ditch at 506 Kennebeck Ave N,
• Water Staff continue to work through the sawcut for future work at 22109 120th Ave
water system for our annual dead end SE, storm line replacement at 26611 97th
water main flushing program to maintain PI S and at 23515 128th Ct SE, installed
water quality in portions of water mains rock at 80th Ave S and 261st St, removed
with little or no use. Staff are also clearing beaver dam at SE 256th St and 148th Ave
an easement to inspect our Clark Springs SE. Crews also performed National
Transmission Main on the East Hill between Pollutant Discharge Elimination System
S 248th St and S 250th PI. Fire hydrant (NPDES) assessing at Kent Kangley Rd and
exercising and maintenance continues on 132nd Ave SE, pumping at 132nd Ave SE
the West Hill. and SE 256th St and SE 256th St and
• Sewer line cleaning is occurring in the area 106th Ave SE, and inspecting at SE 263rd
of 112th Ave SE & SE 248th St. Sewer PI and 132nd Ave SE, 124th Ave SE and SE a
main video inspections are occurring in the 261st St, 118th Ave SE, and SE 244th St. CO
area of S. 242nd St & 39th Ave SE and as Wetland Maintenance crews performed line a
part of the new sewer line installation for trimming, litter removal, and mowing of
the Washington Avenue Pump Station wetlands at 12524 SE 201st PI, 128th Ave ;
Project. SE and SE 268th St, 26116-26210 Pacific 0
Source, Supply and Pumpstations Hwy S, 11524 SE 259th St, 6248 S 242nd E
• Source and Supply staff cleaned and PI, 23001-23323 Frager Rd S, 118th Ave ,°
pressure washed all pump stations, SE and SE 244th St, 11633 SE 270th St,
continued upgrades, repairs, and Signal Electric at 1001 3rd Ave S, GRNRA a
maintenance improvements for the 212th at 21615 64th Ave S, repaired fence at
Treatment Plant, repaired fence at Clark Meridian Meadows, and at 27801-27999
Springs on SE Kent Kangley Rd, and 126th PI SE, and willow removal at 6719 S Q.
repaired level gauge at the Blue Boy Tank. 211th St.
Staff prepped and operated Pump Station Holding Pond crews line trimmed, cleared )
L
#8 for Pump Station #3 valve replacement, leaves, and mowed at Rose's Meadow at
shutdown Kent Springs transmission water 26128 124th PI SE, Canterra at 12728 SE o
main and switched to Tacoma SSP1 for the 280th St, 98th Ave tree at 9632 S 232nd
Jenkins Creek project. Preventative St, and Southridge Estates and Eagle Creek
maintenance preformed on PRV, Inter-tie, sidewalk at 13925 SE 281st St, and N
and Pump Stations. removed trees at Lexington Subdivision on c
• SCADA staff worked with RH2 on testing of 14210 SE 279th St, and at Andrews E
SCADA project, continuance of 212th Landing at 11923 SE 277th St. w
Treatment Plant upgrades and repairs, Fleet/Warehouse
ordered new level sensors for the 212th The Warehouse crew have continued to U
Treatment Plant hypo tanks, and shutdown assist with CDL training, maintained the c
Kent Springs transmission water main and shops yard, keeping it clean and free of
switched over to SSP3 for the Jenkins litter and debris, cleaned and maintained .2
project. the wash rack, washed, and vacuumed '
E
• Pumpstation crews cleaned the generator motor pool vehicles, issued Personal c
enclosures at GRNRA South, James St, Protection Equipment (PPE) and motor pool US
Forester Park, Sewer-Kent view, Frager Rd, vehicles to staff and hydrant meters to
Horseshoe, and Mill Creek, and turned off contractors, repaired small equipment as
Lake Fenwick compressor for Winter. needed, received parts and inventory
Storm Drainage/Vegetation orders, and hauled spoils as time and
• Storm crews cleaned scuppers for winter equipment were available.
prep on East Valley and S 192nd St, Fleet staff received new vehicles from the
installed catch basins at Canyon Dr Hill, dealer and the upfitter, upfitted and built
and at 23515 128th Ct SE, mowed and new vehicles, put new vehicles into service,
cleaned up wetland at 954 3rd Ave S, delivered a new vehicle to Water section,
Page 11 of 12
Packet Pg. 15
5.B
worked on mower repairs, performed air
brake inspections, deidentified old trade in
vehicles and prepared them for auction and
worked on scheduled and non-scheduled
maintenance repairs.
CO
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Page 12 of 12
Packet Pg. 16
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS HiNaTor+ October 17, 2023
Date: October 17, 2023
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Writlle Status Arrived
Bill Boyce Council President Excused _
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present c
Marli Larimer Councilmember Present >
Zandria Michaud Councilmember Present °
Q.
Toni Troutner Councilmember Present a
Les Thomas Councilmember Present
(L
II. PRESENTATIONS LO
2024 Mid Biennium Budget Adjustments Paula Painter 75 MIN. M
Questions and Answers N
Finance Director, Paula Painter provided an overview of the 2024 Mid
Biennium Budget Adjustments that included details on the proposed city-wide
revenues, expenditures and baseline budget adjustments, general fund
CD
revenues and expenditures and capital requests.
c
No questions from councilmembers were received prior to this workshop.
a�
c
Meeting ended at 5:26 p.m. d
Kt ley A. K&m c)to- a
City Clerk
c
Packet Pg. 17
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
October 17, 2023
Date: October 17, 2023
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Council President Pro Tern, Troutner called the meeting to order.
c
2. ROLL CALL
Attendee Name Status Arrived
Bill Boyce Council President Absent >
0
Brenda Fincher Councilmember Present �.
Satwinder Kaur Councilmember Present a
Marli Larimer Councilmember Present
Toni Troutner Councilmember Present a
0
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present N
0
N
3. AGENDA APPROVAL
Chief Administrative Officer, Pat Fitzpatrick added Consent Item 8.F "Excused o
Absence for Council President Boyce." c
A. I move to approve the agenda as amended.
0
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
c
SECONDER: Satwinder Kaur, Councilmember a
AYES: Fincher, Kaur, Larimer, Thomas, Michaud CD
a
4. PUBLIC COMMUNICATIONS
c
A. Public Recognition
Trounter introduced Boy Scout Troop #407 and members talked about the
benefits of being a scout.
1. Proclamation for Hindu American Awareness and Appreciation
Troutner presented the Proclamation for Hindu American Awareness and
Appreciation to Mr. Ram Krishna Ji from the Kent Hinddu Temple.
Krishna Ji spoke in appreciation of the Proclamation and extended an
invitation for everyone to attend the Diwali community-wide celebration on
Packet Pg. 18
8.A.2
Kent City Council City Council Regular Meeting October 17, 2023
Minutes Kent, Washington
November 18th.
B. Community Events
Councilmember Larimer advised of upcoming events at the accessoShoWare
Center and advised that more information and tickets are available at
accessoShowarecenter.com.
Councilmember Fincher announced upcoming Spotlight Series events in
addition to the Winterfest event on December 2nd
Councilmember Michaud invited the public to participate in the November 4t"
Arbor Day Volunteer conservation event at Morrill Meadows Park.
4-
0
Trouter invited the public to attend the Haunted Boo-Levard event on
October 315t from 4:30 - 6:30 at the Kent Station. 0
CL
C. Public Safety Report
a
Assistant Chief Kasner provided brief backgrounds of Officers Anthony
Blackwell and Officer Karl Peterson. a
0
0
Troutner conducted the swearing ins. M
N
O
S. REPORTS FROM COUNCIL AND STAFF CN
A. Mayor Ralph's Report
0
None. o
U)
B. Chief Administrative Officer's Report r
Fitzpatrick advised that today, the City received notice that the Half Lion
Public House at Riverbend will be closing. The City will review the lease to
determine next steps.
r
C. Councilmembers' Reports
Troutner provided recaps of agenda items from today's Committee of the Q
Whole and Workshop.
r
0
Councilmember Michaud talked about the Kent Historical Society Murder
Mystery event.
Councilmember Kaur serves on the King County - Cities Climate Collaboration
and recently attended a workshop that included discussion on various topics,
including legislative priorities for the 2024 session, transportation
electrification strategies, and applying for EPA grants for solar programs.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that will meet on October 18t" at 5:30 at station 78.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6 Packet Pg. 19
8.A.2
Kent City Council City Council Regular Meeting October 17, 2023
Minutes Kent, Washington
Councilmember Fincher serves as the subject matter chair of the Public
Works items on the Committee of the Whole and provided a recap of the one
agenda item.
6. PUBLIC HEARING
A. Second Public Hearing on the 2024 Mid-Biennium Budget
Adjustments
Troutner provided an overview of the public hearing and opened the second
pubic hearing on the 2024 Mid biennium Budget Adjustments.
a�
Finance Director, Paula Painter provided the staff report.
4-
0
There was no discussion.
There was no one signed up to provide public comment. 0
No written public comments were received. a
MOTION: I move to close the public hearing. a
a
RESULT: MOTION PASSES [UNANIMOUS] c
MOVER: Les Thomas, Councilmember ti
M
SECONDER: Satwinder Kaur, Councilmember c
Cq
AYES: Fincher, Kaur, Larimer, Thomas, Michaud
B. Second Public Hearing on the 2024-2029 Capital Improvement o
Plan o
U)
Trounter provided an overview of the public hearing process and opened the 2
public hearing on the 2024-2029 Capital Improvement Plan.
Painter provided the staff report.
r
There was no discussion. 0
L)
There was no one signed up to provide public comment. Q
No written public comments were received.
r
MOTION: I move to close the public hearing.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Thomas, Michaud
C. Public Hearing on the 2023 Tax Levy for the 2024 Budget
Troutner provided an overview of the public hearing process and opened the
public hearing on the 2023 Tax Levy for the 2024 Budget.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6 Packet Pg. 20
8.A.2
Kent City Council City Council Regular Meeting October 17, 2023
Minutes Kent, Washington
There was no discussion.
There was no one signed up to provide public comment.
No written public comments were received.
MOTION: I move to close the public hearing.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Thomas, Michaud
c
D. Public Hearing on the Comprehensive Plan Capital Facilities —
Element Amendment to incorporate the City Capital
Improvement Plan; Auburn, Kent, Highline and Federal Way 0
School Districts' Capital Facilities Plans; and the Puget Sound a
Regional Fire Authorities Capital Improvement Plan Q
Troutner provided an overview of the public hearing process and opened the a
public hearing on the Comprehensive Plan Capital Facilities Element o
Amendment to incorporate the City Capital Improvement Plan; Auburn, Kent,
Highline and Federal Way School Districts' Capital Facilities Plans; and the N
Puget Sound Regional Fire Authorities Capital Facilities Plan. N
Planner, Callie McGrew provided the staff report. o
0
There was no discussion. N
a�
There was no one signed up to provide public comment.
No written public comments were received.
MOTION: I move to close the public hearing.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember Q
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Thomas, Michaud
E. Public Hearing on Kent City Code Amendments for School
Impact Fees and Fire Impact Fees
Troutner provided an overview of the public hearing process and opened the
public hearing on the Kent City Code Amendments for School Impact Fees
and Fire Impact Fees.
McGrew provided the staff report.
There was no discussion.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6 Packet Pg. 21
8.A.2
Kent City Council City Council Regular Meeting October 17, 2023
Minutes Kent, Washington
There was no one signed up to provide public comment.
No written public comments were received.
MOTION: I move to close the public hearing.
7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
I move to approve Consent items A - F.
c
RESULT: APPROVED [UNANIMOUS] g
MOVER: Les Thomas, Councilmember o
SECONDER: Satwinder Kaur, Councilmember c
AYES: Fincher, Kaur, Larimer, Thomas, Michaud a
Q.
Q
A. Approval of Minutes
a
i. Council Workshop - Workshop Regular Meeting - Oct 3, 2023 5:15 PM o
ii. City Council Meeting - City Council Regular Meeting - Oct 3, 2023 7:00 PM M
N
B. Payment of Bills - Authorize N
MOTION: I move to approve the payment of bills received
through 9/15/23 and paid on 9/15/23 and approve the checks o
issued for payroll 9/1/23 - 9/15/23 and paid on 9/20/23, all o
audited by the Committee of the Whole on 10/3/2023.
r
C. Agreement with Evergreen Technologies, Inc for Access Control =
and Security Camera Upgrades at the City Shops - Authorize
a�
MOTION: I move to authorize the Mayor to sign an agreement
with Evergreen Technologies, Inc. in the amount of Q
$153,936.32, subject to final terms and conditions acceptable L)
to the Parks Director and City Attorney. Q
N
D. Agreement with Convergint Technologies, LLC for Fire Alarm
Upgrades at the Centennial Center - Authorize
MOTION: I move to authorize the Mayor to sign an agreement
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.
E. Amendment to Consultant Services Agreement with Berger
Partnership for Garrison Creek Park - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6 Packet Pg. 22
8.A.2
Kent City Council City Council Regular Meeting October 17, 2023
Minutes Kent, Washington
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.
F. Excused Absence for Council President Boyce - Approve
MOTION: I move to approve an excused absence for Council
President Boyce for the meeting of October 17, 2023.
9. OTHER BUSINESS
as
None. '
c
10. BIDS o
None. c
L
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION a
None. a
0
12. ADJOURNMENT
Trounter adjourned the meeting. o
N
ti
Meeting ended at 7:48 p.m.
0
Ki4 rn Ley A. Kot oto- °
N
City Clerk
c
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a
d
a
as
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.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 6 Packet Pg. 23
8.B
•
KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: Payment of the Bills - Approve
MOTION: I move to approve the payment of bills received through 9/30/23
and paid on 9/30/23 and approve the checks issued for payroll 9/16/23 -
9/30/23 and paid on 10/5/23, all audited by the Committee of the Whole
on 10/16/23.
SUMMARY:
Approval of payment of the bills received through: 09/30/23
and paid 09/30/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
09/30/23 Wire Transfers 9868 9881 $2,203,661.03
09/30/23 Regular Checks 773161 773511 $5,313,733.31
09/30/23 Payment Plus 105360 105395 $120,130.31
Void Checks ($262.00)
Void Payment Plus $0.00
09/30/23 Use Tax Payable $7,822.67
Total Accounts Payable: $7,645,085.32
Approval of checks issued for Payroll: 09/16/23-09/30/23
and paid 10/05/23
Date Document Numbers Amount
10/05/23 Checks $2,374,601.37
Voids and Reissues $0.00
10/05/23 Advices FR&P 463625 463631 $4,370.65
Total Payroll: $2,378,972.02
10/17/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/7/2023
5:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
Packet Pg. 24
8.0
KENT
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Thomas - Approve
MOTION: I move to approve an excused absence for Councilmember
Thomas for the meeting of November 7, 2023.
SUMMARY: Councilmember Thomas is unable to attend the meeting of November
7, 2023, and has requested an excused absence.
Packet Pg. 25
8.D
KENT
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Larimer - Approve
MOTION: I move to approve an excused absence for Councilmember
Larimer for the meeting of November 7, 2023.
SUMMARY: Councilmember Larimer is unable to attend the meeting of November
7, 2023, and has requested an excused absence.
Packet Pg. 26
8.E
•
KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: Appointment to the Kent Arts Commission - Appoint
MOTION: I move to appoint John McLaughlin to an initial four-year term as
an alternate on the Kent Arts Commission starting on October 18, 2023.
SUMMARY: Founded by City Ordinance in 1975, the Kent Arts Commission
promotes cultural programs and provides citizen input to the planning of arts and
cultural activities. The mission of the Arts Commission is to provide leadership in
establishing cultural opportunities and arts education, to improve the quality of life
and enhance the aesthetic environment, and to promote Kent as a center for great
arts. Kent Parks, Recreation and Community Services staff provides all staff support
to this group. Major programs include: An extensive public art program, an active
performing arts program, two grant programs, and several community events and
festivals. The Commission also offers free or low-cost community workshops and
school residencies in conjunction with many performances and visual arts
programs.
For this vacancy, staff reviewed the database of recent applicants and interviewed
John McLaughlin.
John McLaughlin has long viewed public service as a civic responsibility. Growing up
in Kent, he served as a youth representative working for the creation of a youth
and teen center. He also served on the committee that researched and created a
proposal to build a new community center and pool in Kent. John works in both the
Adaptive Recreation division of the Parks Department as an art instructor, and at
the Kent Senior Activity Center as a computer/technology instructor.
I am pleased to recommend John McLaughlin as an alternate on the Kent Arts
Commission.
Packet Pg. 27
8.F
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KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
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 otherwise
requested by the department. The write-offs do 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)
10/17/23 Committee of the Whole MOTION PASSES
Packet Pg. 28
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RESULT: MOTION PASSES [UNANIMOUS]Next: 11/7/2023
5:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
Packet Pg. 29
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
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2016-2018 Utility Billing 2,176.98 Billing/System errors - Uncollectable 0
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2023 WRITE-OFFS: $62,619.98 a
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KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: Ordinance Amending 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 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 or match current billing practices.
In addition, revisions in Sections 7.02.190 and 7.02.210 of the Kent City Code 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 of
the Kent City Code 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)
10/17/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/7/2023
5:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
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ORDINANCE No. 4473
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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
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A. Chapter 7.02 of the Kent City Code relates to the City's water N
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utility services. Some sections of this Chapter no longer align with the
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current City water rate structure, and revisions are necessary to recognize
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current billing practices.
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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
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE Y
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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 �
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hereby repealed in its entirety.
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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
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Sec. 7.02.180. Water turned on by owner or tenant
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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 ;
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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
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prescribed in this chapter have been paid. These charges are based on the
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actual cost per hour, including overhead, of sending water utility
employees to address the unauthorized meter turn onrctuFn seFVfee te the
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. In no case will the charge be less U
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than $45-329. Y
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SECTION 3. - Amendment - KCC 7.02.190. Section 7.02.190 of
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the Kent City Code, entitled "Vacant premises - Water supply", is amended U
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as follows: r
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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
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30 days or more, notice in writing must be given to the finance ti
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department. The water will be turned off and will be turned on again upon N
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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.
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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:
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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
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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
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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
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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
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not have stop and waste cock as required in this section.
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B. The total charge shall be $45 for the turn off and turn on of the
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meter during regular business hoursmf the turn eff er turn en as dene=within
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which charge shall be U
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paid to the finance department before any water service turned eff er
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the water service and $39 te turn en the service. The charge shall be paid
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D. if mere than one turn eff and turn en request eccurs any 12-
ngenth peFied, a charge in the arrieurit ef $45 shall be assessed against the
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SECTIONS. - 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
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SECTION 6. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such ,
decision shall not affect the validity of the remaining portion of this 2
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ordinance and the same shall remain in full force and effect. 3
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SECTION 7. - Corrections by City Clerk or Code Reviser. Upon
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approval of the city attorney, the city clerk and the code reviser are
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correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local state or federal laws codes rules or Y
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SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law. °
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November 7, 2023
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DANA RALPH, MAYOR Date Approved M
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November 7, 2023 Y
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c
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November 10, 2023
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APPROVED AS TO FORM: a
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TAMMY WHITE, CITY ATTORNEY y
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8.H
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KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
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, amend the budget, authorize expenditure of the grant funds, 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 Community
Immersion Law Enforcement Program ("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 the federal Department of Justice through its Justice
Assistance 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.
Packet Pg. 37
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This agreement is a one-year agreement with a total funding amount of $110,000.
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)
10/17/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/7/2023
5:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
Packet Pg. 38
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Contract Number:
F22-34440-506
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Building program capacity of the Community Immersion Law Enforcement Program in the E
Kent Police Department enhancing community collaborations and expanding program
delivery. E
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Dated: Sunday, October 15, 2023 U
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Table of Contents
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TABLE OF CONTENTS..............................................................................................................................................2
FACE SHEET
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SPECIAL TERMS AND CONDITIONS.........................................................................................................................4
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1. AUTHORITY.............. .
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................4 m
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3. CONTRACT MANAGEMENT.............................................................................................................................4 r
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4. COMPENSATION..............................................................................................................................................4 r
5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................4
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6. INDIRECTCOSTS ..............................................................................................................................................4 d
7. BILLING PROCEDURES AND PAYMENT.............................................................................................................4 (D
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8. AUDIT..............................................................................................................................................................5
9. FRAUD AND OTHER LOSS REPORTING.............................................................................................................6 Q
10. DEBARMENT....................................................................................................................................................6
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11. INSURANCE......................................................................................................................................................7 C9
12. ORDER OF PRECEDENCE..................................................................................................................................7
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GENERAL TERMS AND CONDITIONS.......................................................................................................................8 Cl)
1. DEFINITIONS....................................................................................................................................................8 E
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2. ALL WRITINGS CONTAINED HEREIN.................................................................................................................9
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3. AMENDMENTS................................................................................................................................................9 d
4. ASSIGNMENT...................................................................................................................................................9
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ...........................................................................9 0
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6. COPYRIGHT......................................................................................................................................................9 (D
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7. DISPUTES.......................................................................................................................................................10 ,o
8. GOVERNING LAW AND VENUE ......................................................................................................................10 w
9. INDEMNIFICATION ........................................................................................................................................10 3
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10. LICENSING,ACCREDITATION AND REGISTRATION.........................................................................................10
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11. RECAPTURE....................................................................................................................................................10 0
12. RECORDS MAINTENANCE..............................................................................................................................11
13. SAVINGS ........................................................................................................................................................11 E
14. SEVERABILITY.................................................................................................................................................11 E
15. SUBCONTRACTING ........................................................................................................................................11
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16. SURVIVAL.......................................................................................................................................................11
17. TERMINATION FOR CAUSE.............................................................................................................................12 E
18. TERMINATION FOR CONVENIENCE................................................................................................................12 0
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19. TERMINATION PROCEDURES.........................................................................................................................12 0
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20. TREATMENT OF ASSETS.................................................................................................................................13 r
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21. WAIVER .........................................................................................................................................................14 a)
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ATTACHMENT A:SCOPE OF WORK.......................................................................................................................15 L
ATTACHMENTB: BUDGET....................................................................................................................................18 Q
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Face Sheet
Contract Number: F22-34440-506 a
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Community Services Division—Community Safety Unit ❑Subrecipient c
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Justice Assistance Grant(JAG) Innovation Fund ®Contractor a,
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1. Contractor 2. Contractor Doing Business As (as applicable)
City of Kent
Mailing Address: 220 4th Ave S, Kent, WA 98032 r
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3. Contractor Representative 4. COMMERCE Representative
Sara Wood Anica Stieve 1011 Plum St. SE E
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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
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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
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10. Tax ID # 11. SWV# 12. UB1 # 13. UEI #
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91.6001254 SWV0000552 173-000-002 GALJSHRB2EM6 a
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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
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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
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FOR CONTRACTOR FOR COMMERCE E
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Dana Ralph, Mayor Cindy Guertin-Anderson, Assistant Director E
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Signature Date
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APPROVED AS TO FORM ONLY
Date BY ASSISTANT ATTORNEY GENERAL Q
APPROVAL ON FILE
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Special Terms and Conditions E
1. AUTHORITY
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COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
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Cooperation Act, Chapter 39.34 RCW. a,
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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
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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
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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.
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The Representative for COMMERCE and their contact information are identified on the Face Sheet a
of this Contract.
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The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract. o
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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_
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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
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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
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7. BILLING PROCEDURES AND PAYMENT
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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
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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
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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.
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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
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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
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No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
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Invoices and End of Fiscal Year
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Invoices are due on the 20th of the month following the provision of services. °
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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
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Duplication of Billed Costs 3
The Contractor shall not bill COMMERCE for services performed under this Agreement, and J
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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.
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Disallowed Costs E
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
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acceptance by COMMERCE of the final report (or completion of the project, etc.). v
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8. AUDIT c
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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
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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
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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.
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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.
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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
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false claims, or obstruction of justice; L
iii. Are not presently indicted for or otherwise criminally or civilly charged by a 4°
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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
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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
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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,
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declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. L
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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.
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E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered o
transaction, person, primary covered transaction, principal, and voluntarily excluded, as =
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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
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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
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12. ORDER OF PRECEDENCE
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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
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General Terms and Conditions E
1. DEFINITIONS
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As used throughout this Contract, the following terms shall have the meaning set forth below: o
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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
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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.
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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
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of each subaward in excess of$25,000. a
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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
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G. "State" shall mean the state of Washington. g
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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.
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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
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other Federal awards directly from a Federal awarding agency. L
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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
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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.
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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.
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5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION E
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A. "Confidential Information" as used in this section includes: a,
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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
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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 °
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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
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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
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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.
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"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
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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
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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.
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7. DISPUTES
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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. °
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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
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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
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amount to compensate COMMERCE for the noncompliance in addition to any other remedies L
available at law or in equity.
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Repayment by the Contractor of funds under this recapture provision shall occur within the time period
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specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments 0
due under this Contract.
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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.
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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.
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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
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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.
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14. SEVERABILITY M
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid E
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for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
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15. SUBCONTRACTING c
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The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
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If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to C
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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. °
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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
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The terms, conditions, and warranties contained in this Contract that by their sense and context are d
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intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive. Q
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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.
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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
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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. +,
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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
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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
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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
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After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
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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
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terminated; E
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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
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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
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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
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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
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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
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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
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B. The Contractor shall be responsible for any loss or damage to property of COMMERCE
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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
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D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract. E
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E. All reference to the Contractor under this clause shall also include Contractor's employees, Q
agents or Subcontractors.
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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
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Attachment A: Scope of Work E
JAG Innovation Fund Background & Context: Q-
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The JAG Innovation Fund is a new initiative within Washington's overall JAG strategy. During 2023, the
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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 &
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Context
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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
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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
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Scope of Work Funded by this Contract: w
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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
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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
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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
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Collaboration: E
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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. _
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Subcontractors:
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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
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CILEP evaluation will be delivered to KPD. KPD will follow procurement policies and guidelines to identify
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the subcontractor for this work. Funds for subcontracting are included in this contract budget. 3
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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:
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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
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1. Total number of recruits participating in the program during the performance period
2. Number of weekly reports generated by recruits
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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
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Reporting Requirements: G
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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
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Washing-on State,ram, 8.H.a
Department of
%J,W Commerce
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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.
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,ram,Washinq-on State
Department Df
Commerce
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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
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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
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TOTAL EXPENDITURES # 110,000.00 # - # - # - # 110,000.00 d
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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
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$ - $ to
$ _ $ J
Total # - Total # 20,000.00 0
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a Equipment-Itemize below: "Consultant and Subcontracted Services-Itemize below: tV
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$ 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
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'Other Miscellaneous Expenses-Itemize below: 'Indirect Administration Costs-Itemize below:
Travel-presentations on CILEP to
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other organizations $ 10,000.00 $ d
$ $
$ $ d
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$ $
Total # 10,00Q00 Total # - Q
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Vvi Depa�:anent; ing.cn Slale
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Commercef
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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).
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Page 19 of 19
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8.1
•
KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
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. 58
8.1
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)
10/17/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/7/2023
5:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
Packet Pg. 59
8.I.a
AMENDMENT #2
TO GARBAGE, RECYCLING, YARD & FOOD WASTE
COLLECTION AND DISPOSAL/MARKETING CONTRACT L
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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
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RECITALS —
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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.
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C. King County has made changes to their billing systems that impacts
disposal with the King County Disposal System.
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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
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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
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AGREEMENT M
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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
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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
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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.
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Section 2. Equipment Age/Condition. Section 2.1.13 of the Agreement, entitled
"Equipment Age/Condition" shall be amended as follows:
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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
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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.
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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.
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All collection equipment shall have appropriate safety markings, including all highway
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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)
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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
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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)
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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
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8.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.
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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.
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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
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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
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8.I.a
and types, contact dates, outcome, and suggestions for increasing participation or other
program improvements.
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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 otheFuseful 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
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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
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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
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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:
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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.
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8.I.a
Section 5. Annual Rate Adjustment. Section 3.3.1 of the Agreement, entitled
"Annual Rate Adjustment" shall be amended as follows:
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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
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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.
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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
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8.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:
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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.
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Specific examples of periodic adjustments due to Consumer Price Index and disposal a
composite rate changes are provided in Attachment C. L
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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
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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
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unreasonably withhold the escalation of rates to cover the increase costs in Yard & Y
Food Waste tipping fees.
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Section 8. Sustainability Adjustment. Section 3.3.4 of the Agreement, entitled E
"Sustainability Adjustment" shall be amended as follows:
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8.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
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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
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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.
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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 +'
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The change in commodity value shall be calculated as follows:
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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
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8.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."
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4. Find the difference between the Base Commodity Value and the Adjustment
Commodity Value. This is the "Total Commodity Adjustment Value."
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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."
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8.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
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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.
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The following table outlines the evaluation periods and deadlines applying to any
modifications to the Adjustment. E
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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 �
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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
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eb '�`�926 dam
1, 2026
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February 1, 2026 dairy
31 20 27- n' y
Febri ap, 1 202-7 —ja ry i
31, 2029
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February 1 2029 dam Q
31, 2029
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* 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
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The following definitions shall apply to this subsection 3.3.4: E
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• "Commodity Revenue" means the average revenue, per ton of inbound material,
from the sale of commodities produced at the materials recovery facility ("MRF"). o
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• "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.
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• "Residue" means the material separated during the processing of Recyclables that E
has no market value.
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8.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) �-
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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.
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Leakage from Contractor vehicles or Five Hundred dollars ($500) per
vehicle contents. vehicle, per inspection, plus clean- LO
up costs. ti
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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.
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8.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
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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
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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
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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.
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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)
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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.
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8.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
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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
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Failure to include instructional and One Hundred dollars ($100) per
promotional materials when Garbage, incident. 0
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Recycling, and/or Yard & Food Waste
Carts are delivered. ti
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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
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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
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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.
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8.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.
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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:
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8.I.a
City of Kent Collections Contract
Attachment C
(Amended 2023 for King County Disposal Rate Restructure) N
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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
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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
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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
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Rate Modification Examples Page 1 of 4
Packet Pg. 74
8.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
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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.
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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.
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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
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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.
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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
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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. 75
8.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
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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.
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Step 1: BFACR = NFAC/CT
Step 2: AFACR = BFACR + 1.5 x (CFAC/NT— PBFACR) a
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Step 3: ADCT = AFACR + NTR r
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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
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Example for 2025 Y
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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
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Step 3: $35.92 + $175.00 = $210.92/Ton a
Rate Modification Examples Page 3 of 4
Packet Pg. 76
8.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
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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.
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Rate Modification Examples Page 4 of 4
Packet Pg. 77
10.A
•
KENT
*A S M IN G T O N
DATE: November 7, 2023
TO: Kent City Council
SUBJECT: City of Kent Courtroom Refurbishment - Award
MOTION: I move to award the Courtroom Refurbishment Project to Larson
Berger Companies Construction, LLC in the amount of $678,216.00, and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: This project will include the demolition and reconstruction of existing
courtroom daises in all four courtrooms, raising areas of each courtroom including
the jury box and dais, and adding a new spectator rail between the gallery and the
well of the court.
Installation of new carpeting throughout the four courtrooms and modifications to
existing audiovisual systems is also included in this project.
A public bidding process yielded a total of three bids, with the lowest responsible
bidder being Larson Berger Companies Construction, LLC.
Larson Berger Companies Construction, LLC was the lowest bidder as their bid
came in at $678,216.00 after tax.
The Engineer's estimate for this project is $950,000.00.
BUDGET IMPACT: Expenses will be paid out of the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. FAC- Courtroom Refurbishment-Exhibit (PDF)
Packet Pg. 78
Exhibit A 10.A.a
City of Kent Facilities
ON Bid Opening
K _
WA E04INC TON
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Project: Kent Municipal Court Renovations.
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Project #: FAC23-27
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Date: 10/12/2023 Due/Open: 11:00AM/11:00AM w
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Location: City Clerk's Office Addenda Issued: 3 Bid Bond / Yes o
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Bid Amount
Bidder Plus, Three (3) Alternates , Bid Bond Addenda Y
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Base Bid Gi�i� l)o °oc�ce Co�stYucfi o� U
Alternate #1
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Alternate #2 �-Ij 80.00
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Alternate #3 w
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Alternate #1 15,400 , 00 v
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Alternate #2 [5"coo ,
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Alternate #3 �l�.�tJ0, a
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Alternate #1
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Alternate #2
Alternate #3 ZCO W
Packet Pg. 79
10.A.a
Base Bid
Alternate #1
Alternate #2
Alternate #3 3
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Base Bid C
W
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Alternate #1
Alternate #2 W
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0
Alternate #3
0
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Base Bid
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Alternate #1 r
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Alternate #3
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Architect's Estimate $950,000 U-
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The apparent low bidder ifi; C,,, L
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