HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 01/16/2024 KENT CITY COUNCIL AGENDA
40!00�9 Tuesday, January 16, 2024
KENT 7:00 PM
VV A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
1-888-475-4499 or1-877-853-5257
Enter Meeting ID: 846 4873 7557
Passcode: 723991
Join the meeting
Mayor Dana Ralph
Council President Bill Boyce
Councilmember John Boyd Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
I. Employee of the Month
II. Proclamation for Kent Rotary's 65 Year Anniversary
III. Proclamation for Human Trafficking Awareness and Prevention
Month
IV. Appointment to the Civil Services Commission
B. Community Events
C. Public Safety Report
S. REPORTS FROM COUNCIL, ADMINISTRATION AND STAFF
City Council Meeting City Council Regular Meeting January 16, 2024
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the 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 CityClerk(@kentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkCDkentwa.aov.
Alternatively, you may email the Mayor and Council at Mayor(@KentWA.gov and
CityCouncilCcDKentWA,gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Dec 12, 2023 5:15
PM
2. City Council Meeting - City Council Regular Meeting - Dec 12, 2023
7:00 PM
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Boyd - Approve
D. Carahsoft Technology Federal General Services Administration Supply
Contract - Authorize
E. Cooperative Purchasing Agreement with Justice Systems Corporation -
Authorize
City Council Meeting City Council Regular Meeting January 16, 2024
F. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent City Code
- Adopt
G. Appointment to the Civil Services Commission - Approve
H. Kherson Property Purchase - Authorize
9. OTHER BUSINESS
A. Sound Transit Rezone Ordinance - Adopt (QUASI-JUDICIAL)
10. BIDS
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.cov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.2
PROCLAMATION
WHEREAS, since 1958, the Rotary Club of Kent and the Rotary Club
Foundation of Kent have been serving the Kent community in the
spirit of Rotary International; and
WHEREAS, the Rotary Club of Kent Foundation uses donations to improve the IF
lives of people in the city of Kent, the surrounding area and
worldwide; and o
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WHEREAS, Rotary has prided itself on its strength in their ability and
commitment to bringing people together to build partnerships,
friendships, and solutions through service; and a
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WHEREAS, they have established and contributed to numerous programs L
which benefit our community including Music4Life, Backpack
Buddies, Back to School Supply Drives, Harvest Against Hunger,
and numerous scholarship opportunities; and Q
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WHEREAS, The city of Kent is grateful for the work they have done to benefit
our students, residents, and community. Y,
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT,
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DO HEREBY PROCLAIM Y
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that the City of Kent congratulates The Kent
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Rotary on their 6 51h anniversary E
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and encourage all residents to join me in the celebration of this milestone for a
an incredible organization within Kent. o
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In witness whereof, I have hereunto set my hand this 16th day of January
2024. � E
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0000 Mayor Dana Ralph
KEN T
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PROCLAMATION
WHEREAS, human trafficking is modern-day slavery and involves the use of c
force, fraud or coercion to exploit a person for involuntary 2
servitude, labor and commercial sex acts; and
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WHEREAS, trafficking victims can be any gender, age or any immigration
status; and 2
WHEREAS, the average age a girl is exploited, coerced or forced into abuse a
is 12-14 years old while for boys 11-13 years of age; and r
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WHEREAS, each year as many as 100,000 to 300,000 American children are
at risk of being trafficked in the United States; and o
WHEREAS, traffickers may be strangers, acquaintances or family members,
and target young victims through social media, chat groups and a
at everyday activities in the community; and
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WHEREAS, after drug dealing, human trafficking is tied with the illegal arms N
industry as the second largest criminal industry in the world today
and the fastest growing; and
3
WHEREAS, assisting victims of human trafficking requires a coordinated Q
community response among community groups, social services,
schools and law enforcement.
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim the
month of January 2024 ca
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Human Trafficking Awareness & Prevention 0
Month
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In the city of Kent and call upon the people of the City to support this
observance by helping to educate residents about human trafficking in our City 0
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as well as across America and around the world. a
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In witness whereof, I have hereunto set my hand this 16th day of January
2024.
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JJ E
Mayor Zany Ralph
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� _ r WAS H I N GTO N
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of department highlights
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January c
• 2024
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ADMINISTRATION
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Clerks
• In 2023, the Clerk's Office successfully
Administration completed the multi-year project of moving •S
• Google has contacted cities around the records out of Oracle into Laserfiche, a Q
region expressing interest in bringing high state-of-the art records management _
speed fiber internet access to the Puget system. Laserfiche will allow the City to
Sound area. Kent staff have been meeting manage the retention and destruction of
with Google to establish terms for Google to records, integrate other City systems with U
bring fiber to Kent. Whether Google will Laserfiche and implement the use of forms o
bring fiber to Kent is a business decision for and workflows. y
Google, and Kent staff have been actively For 2023, the City Clerk's Office processed a
meeting with Google towards this end. 9,267 public records requests. 91% of those
• The City's legal action against the owners requests were closed within five business �-
and managers of the Phoenix Court days. Staff reviewed and redacted 1,809 c
Apartments has resulted in a significant body worn camera video that consisted of
reduction of crime at the location. While the 42,457 minutes of footage. Almost 300,000
City has yet to receive a ruling from the emails were also processed. a)
court on its injunction motion, property For contracts and contract-related
ownership has installed an entrance gate to documents, the Clerk's Office processed 0
the property which the City expects will 1,368 records.
result in a reduction of crime. In addition, • For Bids/RFPs/RFQs the Clerk's Office
the Police Department recently arrested an processed records for 32 projects.
individual living at the complex who may be • There were also 98 Damage Claims, 16 'E
responsible for a considerable amount of Subpoenas and 6 Lawsuits received and a
crime. The City is requiring a full inspection processed.
of the living units at the complex and Communications
expects a report any day. Phoenix Court will We're excited to highlight the progress and
be required to make repairs to the innovations from the past year! Please
deficiencies found during the inspection. check out Mayor Ralph's Progress Report at
• Once the Council selects its Council www.KentWA.gov/Progress. Thank you to
President, I will be working with them to each department for all of their hard work E
schedule a Spring Council Retreat. and dedication to providing the community 0
• Our new Council Administrative Assistant, with excellent service. We continue to
Nicole Williams, started on January 2. She is improve the quality of life of those who live
getting up to speed quickly and is available in, work in and visit Kent.
to assist the Council. Kent101 Spring 2024 class is open! Please
submit your application by Feb. 1. Kent
101 is an eight-week civics course that
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deepens understanding and knowledge overview of the Comprehensive Plan and
about local government and how it discuss the future of Kent.
operates. The courses are designed to The division continues to actively
educate, inform and build experience for participate in regional efforts, including
residents, businesses and students. various King County Growth Management
• The Mayor's annual Employee of the Year Policy Council meetings, SKHHP, King
Breakfast is scheduled for February 14 at County and Cities Climate Collaborative
the Senior Center. This is a fantastic time (K4C), and the King County Extreme Heat
where staff gathers to honor all of the 2023 Mitigation Strategy Steering Committee.
Employee of the Month nominees and find Economic Development
out who the 2023 Employee of the Year will Leading up to the holidays and after the N
be! start of the new year, Economic
Development staff communicated with
many in Kent's business community about 2
• Phase III of the Comprehensive Plan the City's efforts to gain legislative support N
update is underway! The Project Team is for more local options to fund public safety. c
working closely with utility providers The Kent Downtown Partnership, Kent E
(within the city and externally) and our Chamber, all the tenant businesses at Q
Great Wall Mall, and many others
transportation planners on analysis of three
growth alternatives for the draft SEPA EIS. expressed their support by providing o
The South King Housing and Homelessness signatures and company logos to share in a U
• Partners (SKHHP) Executive Board awarded letter to Kent s legislative delegation. E
• Staff was awarded a grant from the Port of
over $5.8 million from the Housing Capital Seattle for promotional signage at SeaTac
Fund (HCF) for development and Airport during Q1. Travelers should look for a
preservation of affordable housing in South lighted signage that promotes Kent's
King County. Two of the four funded delicious multi-cultural cuisine and food v
projects are in Kent (TWG Pandion at Star tours in Baggage Claim through the end of a
Lake and Kent Multicultural Village). Both March.
projects are adjacent to new light rail N
stations. 0
• Staff are participating in a SKHHP U
workgroup to identify opportunities to Accounting 0
preserve housing across our cities. These To ensure a smooth year-end closing and
strategies will inform the Comprehensive reporting process, please reference the
Plan's updated Housing Element. year-end packet and informational
• Staff provided comments on Commerce's PowerPoint presentation that was sent on E
draft ordinance and guidance documents to December 20, 2023, for the deadlines and a
implement HB 1110 (middle housing). due dates.
• The state legislative session started Payroll
January 8 and has been dubbed the "Year 2023 wellness benefits redeemed through E
of Housing 2.0." Staff have already November 2023 and imputed income were
reviewed over half a dozen bills, focusing reported on employees' December 20,
on transit-oriented development (TOD), 2023, paychecks. December 2023
revisions to last session's middle housing wellness benefits redeemed will be E
bill (HB 1110), co-living housing, lot splits, reported on employees' January 20, 2024, o
a new state process for compliance review paychecks.
of housing elements with a "builders As 2023 W-2 processing begins, Payroll
remedy," and more. encourages all staff to review and update
• Staff met with the Kent Youth and Family their W-2 delivery preferences. Selecting
Services (KYFS) board to provide an electronic delivery (in particular, electronic
delivery only) provides immediate access
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to your W-2 once Payroll's work to prepare Three regular new hires for 1/16:
them is complete. o David Milligan, Mechanic 2 in Parks Golf
Tax & Licensing Maintenance
• The Tax Division welcomed a new Tax o Isaiah McElroy, Building Plans Examiner
Auditor, Warren Taggart, on January 2, in Economic and Community
2024. We will be posting a recently Development
vacated (retirement) Desk Auditor soon. o Samantha Smith, Civil Paralegal in
• 2023 B&O tax returns for Q4, will be due Legal
by January 31, 2024. Courtesy reminders Two job changes effective 1/16:
were emailed out on January 5. o Callie McGrew moving from Temporary 2
• The Tax Division is in the heart of business Planner to benefited TLT Planner N
license renewal season, which started on o Susie Chavez moving laterally from
December 1, 2023. As Kent's business Permit Technician to Planning
licenses expire every calendar year, we Technician w
sent out approximately 5,500 business Labor Management
license renewal forms to all businesses who • Labor Management with AFSCME on 1/9 c
have a 2023 Kent business license. All • We are in the process of training our new E
businesses can renew their license online Labor Analyst Q
through the FileLocal platform or by Workday
mailing in a completed paper renewal form • Continue testing changes to time entry for r5
with applicable payment. exempt staff in Workday ci
• In conjunction with our peers in Finance • Updated all expiring integrations and alerts o
Customer Service, we are currently fielding Review and complete multiple time audits 4-
calls and emails requesting assistance with • Tracking, configure and testing multiple r_
the renewal process, reviewing 2024 tickets with CVS (Workday consultants)
business license renewal applications, and • Completed Police department
working with Multimedia to ensure reorganization in Workday
businesses receive a timely hard copy of • Completed changes for the NR Comp Study a
their 2024 Kent business license certificate. in Workday
We greatly appreciate the teamwork and • Completed Cola changes Jn
dedication from the other divisions in the • Continue year-end processing in Workday a)
city who are assisting us in this project. • Workday December Statistics: o
0 9236 - Total number of business
process events initiated during the
selected month N
Recruiting o 296 - Total number of business process S
• Interviews for Transportation Planning events that were initiated by a manager
Technician today and tomorrow during the selected month a
• Interview for Administrative Assistant 2 in o 88 - Total number of business processes
HR on Wednesday completed including new hires
• Interviews for Custodian on Friday terminations, and job changes c
• New hires effective for 1/2: 0 123 - Total number of employee v
o Jasyn Dimitroff (Corrections Officer) benefits business processes completed c
o Jaden Gomez (Corrections Officer)
o Inna Nedanchuk (Civil Engineering in the selected month. This includes E
Designer 2) retirement savings changes, addition of
o Bryan Piek (Police Officer) dependents to an enrollment, new L)
o Benjamin Saari (Engineering Technician enrollments, and changes to eligibility
2) Benefits
o Kristina Savonin (HR Analyst) • Processing sick leave incentives
o Warren Taggart (Tax Auditor) • Preparing data for ACA reporting
o Nicole Williams (Administrative Asst. 2) • RDS Reconciliation
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• Gathering information for the GASB75 resulting in more efficient, accurate
report tracking of inmate records, long term
• Preparing the CMS disclosure report physical security goals and maintenance
• LEOFFI Board Meeting - 1/11 contract savings.
• Health Care Board Meeting - 1/24 Amanda Stabilization - To further stabilize
• Preparing and launching the 2024 Wellness and enhance the functionality and usability
Program of Amanda, ECD's permit management
• Managing the Recognition Program system.
• Communicating with Employees and Information Technology operational support
Managers on Protected Leave cases and for December 31, 2023 to January 9, 2024
ADA Accommodations Number of tickets opened - 141 N
Risk Management Number of tickets closed - 209
• Updated labor posters are being finalized
and will be distributed to departments 0
shortly. During the month of December, the Law n
Process Improvements •c
Lean Leadership meetings, ELT Workshop Department received a total of 231 cases E
• on 1/31, What Works Cities documentation from the Police Department to review and Q
Department Updates assess for the filing of criminal charges. Of
those cases, 89 were for in-custody
• Results from the Compensation Survey defendants which necessitated rush filing o
performed by the consulting firm, Segal, the next business day after arrest. L)
have been communicated to staff. . Covered 61 court calendars in December, o
Increases go into effect this month. which included 1,379 cases scheduled for y
• The HR team is performing an audit of hearing, spread across 984 defendants. Of o
current City Policies, to ensure they are in those, 470 cases were for 249 defendants
alignment with current operations and are who were held in-custody. Of the
clear to City employees. Updates will be remaining 735 defendants who were c
shared with staff in the coming months. required to appear in court on an out-of-
• HR is beginning to build a training
orientation for new managers coming into custody basis, 181 of them failed to appear i
the organization. This training will be (a 24 /o failure to appear rate).
designed to provide guidance on systems Covered one community court calendar in t
and processes and include resources that December which included 59 cases, spread o
will offer helpful insights into effective across 43 defendants, 22 of whom failed to
leadership. appear. Only one of the defendants who N
appeared was out of compliance to such a
• HR is working with Multimedia on updating degree that a sanction was imposed; all S
the Careers page. Departments are others were demonstrating progress.
contributing content, which will aid in the a
Covered one expired bench warrant
refresh of this important resource for �
calendar in December which included 116
recruits. cases, spread across 101 defendants. Only E
three defendants appeared for the hearing.
• The December jury term saw five cases
Information Technology Projects confirmed for trial. Of those five cases, two ;
• Tiburon Replacement (BlackCreek) - To were continued to a future date, and one E
replace the Police Department's jail resulted in a guilty plea after the jury had 0
management system, Tiburon, with a been empaneled. The other two cases
scalable solution that will integrate with proceeded to trial, both resulting in a "not
other department systems for centralized guilty" verdict:
management and secure/encrypted data o The first "not guilty" verdict involved a
share. The solution will streamline the Domestic Violence Malicious Mischief
current jail management system landscape case. The victim alleged the defendant
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had keyed her husband's motorcycle • Worked with City of Kent and City of
which was stored in their garage. The Auburn staff to finalize property transfers
case against the defendant was for the Bridges Annexation to the City of
circumstantial and consisted of video Auburn.
evidence of the defendant disabling a • Assisted the Parks Department in
security camera in the garage, negotiating and finalizing an agreement for
sometime after which, the victim a major art installation at Garrison Creek
discovered the damage. The defendant Park.
testified and denied the allegations, • Advised the Parks Department on
explaining that she disabled the camera contracting with Washington Conservation
in an attempt to not let the victim Corps for trail maintenance work. N
control her, and suggested that the Assisted the Clerk's Office on the
damage could have been caused by one coordination and processing of large public
of their children. The jury returned a records requests.
verdict of "not guilty". Assisted the HR Department in a number of
o The other "not guilty" verdict related to sensitive employment and labor related c
an Unlawful Race Attendance case matters. E
where the defendant was a passenger in Advised City departments on several Q
a vehicle present in a parking lot at a procurement and contract matters related
race event. The driver of the vehicle, to various ongoing projects.
who is also a co-defendant, testified for Assisted outside counsel on a number of ci
the City and conceded that he had cases currently in litigation. o
already pled guilty to the same offense. Worked with staff to acquire the property 4-
Four police officers also testified on rights necessary to complete various r_
behalf of the City. The defendant projects throughout the City. a
testified and claimed he'd only been at
the location because he needed to use a PARKS, RECREATION, AND
restroom and had no intent to observe COMMUNITY SERVICES a
or encourage the racing event. The jury
returned a verdict of "not guilty". Recreation and Cultural Services �
• In preparation for the January jury term, The Spotlight Series Queen's Cartoonists
prosecution prepared 62 cases for jury Holiday Hurrah Yule Love It! closed out o
trial, spread across 58 defendants. 2023 with a unique multimedia show
Preparing these cases for trial required the (music set to projected cartoons) on
criminal division to contact 124 civilian Thursday, December 14 at Kent-Meridian N
witnesses, conduct interviews, and review PAC. A total of 232 tickets were sold for
all evidence associated with each case. As the show. -E
part of this process, prosecutors reviewed Spotlight Series is starting out strong in
body cam footage that totaled over 111 2024 with lively ticket sales. Yesterday &
hours in length, which is just shy of 14 Today: The Interactive Beatles show L)
days of work for a single full-time scheduled for Friday, January 26 has sold c
employee. 298 tickets (83% of those available) and
• Represented the City at a business license International Guitar Night, which will take •2
denial hearing for a hookah lounge due to plan on Friday, February 2 has already sold E
indoor smoking that occurs at the business 308 tickets (86%). E
in violation of state law. The hearing lasted • The annual Christmas Rush 5K and 10K 0
several hours with testimony from Finance events took place on Saturday, December
Department staff and the business owner. 9• Registration numbers seem to be slowly
The Hearing Examiner upheld the City's coming back after the COVID pandemic
denial of the business license. with 784 people registered and 586
• Helped accesso ShoWare staff procure a crossing the finish line. (The cold, wet
new audio system. weather may have kept some of the
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registered participants home on event wait for parts to arrive, and the repair is
day.) Some fun facts: The oldest female scheduled. We're moving forward with
10k runner was 80 and finished 134th repairs that will be compatible with future
overall. The oldest male runner was 80 and upgrades that are being planned.
finished 85th overall. The oldest female 5k Centennial Center fire alarm upgrades is
runner was 86 and finished 399th overall. awarded and we're working to complete
The oldest male runner was 89 and finished the contract. Project will likely happen
425th overall. through Q1 2024.
• Artworks by Cathy Fields and Kelly Loney Russell Road Shops security upgrades is
are on display in the Centennial Gallery nearing completion and we have a punch
throughout the months of January and list walk through on 1/10/24. N
February. Kelly Loney held an opening We're starting to work on Senior Center
reception on Thursday, January 4 from and Golf Course security camera and
6:00-7:30 p.m. The event was attended by access control upgrades now. The timeline 2
approximately 20 people. for those will be Q1 into Q2 of 2024.
• The deadline for public artists to apply to We have three positions posted for the c
participate on the design team for East Hill Custodial team, two Custodians and one E
North Community Park is January 31, Custodial Lead. Q
2024. • The new gate enclosure area at the back
• This year Holiday Camp was full with 24 parking lot at Senior Center to secure their ;
enthusiastic elementary age kids. The kids vehicles is complete. ci
worked on creating winter themed crafts, • New countertops for the Senior Center o
playing games in the Kent Commons Gym, restrooms have been installed in two 4
and even got to walk over to Kent Station restrooms and the final two are scheduled r-
to watch a movie at the theater. The Camp for late January. a
collaborated with the Senior Center to • The pool room upgrades at Senior Center W
bring Seniors to the camp for a fun are complete. r-
morning of decorating cookies with the • We'll be transitioning from Cintas to a
kids. The kids also worked on decorating Aramark for our linen services. The
holiday cards to include with meals that the transition planning is underway and will Jn
Senior Center provided to those Seniors take place towards the end of the month.
alone during the holidays. Starting to plan upgrades and small o
Facilities renovations for offices at Station 74 with
• Senior Center Microgrid (solar + battery Police.
storage) project is in the intake process N
with Commerce right now. ' •
• Courthouse and Corrections generator -0
project is in the final stages. Inspections On December 5, at 3:20 am, officers were a
have passed and we're waiting for PSE to dispatched to an illegal discharge that was
schedule the final crossover. called in from the 700 block of 3rd Ave S. L)
Communications have been sent to The caller reported that she'd heard 3-4
stakeholders for the crossover which will gunshots and a vehicle driving northbound
on 3rd Ave S. There were no other 911
require down times at each facility. r-
• Kent Commons renovation is out to bid. Bid calls in the area at that time. Upon driving E
opening is scheduled for 2/6/24 at 11am. through the site, the officer was flagged E
• Court room renovation is scheduled to down, and two victims reported. That while 0
begin 1/22/24. being in a car in front of their home on the
• Siemens HVAC controls project is near same street they observed two dark
vehicles drive by a few times slowly. One
completion, and we're still working through
the punch list. of the vehicles returned, driving by fast,
• Centennial Center elevator will remain out and shot at a car next to them in the
of order for about another 6 weeks as we driveway. A white vehicle then passed,
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driving slowly. No one was hit or injured. suspects had fled right after the shooting.
Two cars belonging to family members who Officers responded, and King County
reside at the home were struck several Medics treated the male and transported
times by gunfire. him to Harborview Medical Center in stable
• On December 5, 8:23 pm, a patrol was condition.
dispatched to a robbery at the Shell gas On December 8, at 2:06 am, officers
station located at 6331 S 212th St. It was responded to an armed robbery at
advised a male had been robbed 1.5 hours Chevron, 1208 CENTRAL AVE N. The store
prior, and there was a gun involved. The employee advised that two males entered
victim reported being dropped off by the store, one pointing a gun. A female
friends at his residence at Dockside who was with the suspects held the store N
Apartments. As he was bent over tying his door open as the males stole cash and
shoe, a vehicle pulled up next to him, and tobacco products. Officers were advised by
a male suspect got out and ordered the dispatch that a robbery with similar suspect
victim into the car at gunpoint. The victim descriptions had also just robbed a store in N
entered the suspect's vehicle and noted the City of Pacific. c
two other suspects in the car. The males On December 9 at approximately 5:03 am,
started to punch the victim and remove officers were dispatched to Valley Medical Q
items from his clothing. They took his Center for two patients with gunshot
shoes, money, phone, and other things. wounds, who said they'd been shot at the
The suspects drove around with the victim Inn Between Pub in Kent at 25412 104TH ci
in the car for 10-15 minutes before forcing AVE SE. Officers learned that the bar was o
him out of the vehicle to the side of the closed, and patrons were outside talking 4-
road. The victim walked to the Shell gas when an argument about a tequila bottle r_
station to call 911. got heated, and a suspect pulled a gun, a
• On December 6 at 8:07 am, officers were shooting two victims. Neither injury is life- wo
dispatched to a physical domestic between threatening. r_
a 19-year-old autistic son and his dad at On December 11 at 2:41 pm, officers were a
1019 E. Guiberson St. Dad was trying to dispatched to a reported armed robbery W
restrain the son. When officers arrived, the with a gun that had just occurred at Jn
son was breaking and throwing items. An Benson Smoke Head Shop at 21006 108th
item thrown struck the officer in the head, Ave Se. Officers quickly made their way to 0
causing a laceration above his right eye. the scene and contacted the store clerk,
Additional units arrived, and the son was who was able to provide officers with a
taken into custody without further incident. recorded statement. At the same time, N
Kent Fire treated officers on the scene. other Kent Officers searched the immediate .S
• On December 6 at 11:04 pm, officers were area. Officers were able to determine that
dispatched to a carjacking in progress in a male suspect entered the store armed a
the 400 block of Ramsay Way. The victim with a silver handgun and demanded
advised that she works evenings cleaning money. The clerk opened the register, and L)
for one of the businesses. When she the suspect grabbed approximately $800 in c
walked out to put the trash in her vehicle, cash before fleeing the store. The suspect
three suspects walked up to her, hit her ran and was not located. c
and threw her to the ground. The suspects On December 11 at 8:44 am, officers were E
yelled at the victim to give them the keys dispatched to a suspicious subject at 5033 E
0
to her car—the suspects left in the victim's S 214th PI. Officers were able to locate and L)
vehicle, which had her purse inside. detain the suspect. Officers observed the
• On December 7 at 12:21 am, officers were suspect to be under the influence of an
dispatched to a known problem residence unknown intoxicant. Great job by everyone
of 10858 SE 200th ST for a shooting recognizing that the suspect was likely
report. The reporting party advised that a under the influence of narcotics while also
male inside the home was shot, and the
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5.B
suffering from apparent mental health On December 21, around 12:27 am, patrol
issues. responded to a shooting in the 20400 block
• On December 13, officers were involved in of 104th Ave SE. The victim had been
a foot pursuit that went into the Safeway, outside on the phone when he was shot,
through the business, and out a side door and a vehicle fled the scene after the
with a suspect with whom officers had shooting. At this time, it is unknown what if
previous dealings. The suspect had multiple anything, provoked the shooting.
Kent and warrants. The pursuit ended On December 21, around 1:53 am, patrol
when he fled out a side door where other responded to an armed robbery in 20800
officers were waiting. 121st Way SE. The victim had been
• On December 16, officers were conducting delivering food to a residence when they
a proactive patrol in the area of 64th Ave returned to their vehicle and found
S/W. Meeker St when he found an adult someone inside it. The suspect pointed a
male openly using suspected fentanyl. firearm at the victim and then drove the 2
Officers stopped the man, detained him, car away. N
and conducted a tremendous street-level A Kent Jail inmate attempted to escape on c
drug investigation. Ofc Mandella then December 24 rather than return to the
authored a great report documenting the building after his duties on a work crew. a
incident and his actions—a great job of There was excellent coordination among
essential police work. officers as they canvassed the area just
• On December 17, officers were dispatched south of the jail and quickly located the L)
to a vehicle collision with a pedestrian. The man who was returned with new charges. o
driver was northbound on Washington AV N On December 28, at 8:44 pm, dispatch
just south of W Meeker ST when the advised of an illegal discharge complaint at L
vehicle in front of her swerved out of the the Lighthouse Apts. Four to five gunshots DL
lane. The driver continued northbound and were heard, and the reporting party stated o'
collided with a pedestrian crossing the that his apartment and car were shot at. L
crosswalk. The pedestrian was in life- The reporting party said he knew who the Q
threatening condition, unstable, and suspect was and that the suspect had fled
transported to Harborview via Medics. The in a white Ford Explorer towards Lea Hill. )
L
driver was cooperative and remained at the Other callers also reported the sounds of 0
scene. Traffic responded to assist with the gunshots in the area. Officers arrived and o
collision and investigation. confirmed there were multiple gunshots in >
• On December 18, at 3:41 am, patrol apt #F103 and into a white Rav4 belonging
responded to an attempted theft of an ATM to #F103. No one was injured. Officers
at Chase Bank, 13200 SE 272nd St. The located casings in the parking lot. No
caller stated someone with a forklift was witnesses saw the shooting occur.
trying to steal the ATM; by the time patrol On December 26, officers were dispatched 4-
responded, the suspected had fled the to an employee who was stabbed with a 2
scene leaving the forklift and severely knife. Officers found a lot of blood at the
damaged ATM behind. scene from a large laceration on the o
• On December 20, around 5: 19 am, patrol employee's head. A known local transient
responded to a report of an armed robbery had entered the store and tried getting free
in the 9600 block of S 236th PI. The victim coffee. A dispute started when the E
had been heading home after leaving work employee insisted that he pay for the E
0
at a nearby casino around 0430. She coffee. A fight escalated when the suspect L)
believes the suspect followed her from her got mad and started punching the
workplace, and once she pulled into her employee. When the employee fought
driveway, the suspect ambushed her back, the suspect took out a large knife
outside of her car, taking her purse and and struck the employee in the head with
threatening her with a handgun it.
Page 8 of 16
Packet Pg. 13
5.B
• On December 27, officers were dispatched a delivery driver at 11000 SE 248th St. The
to a possible in-progress residential suspects had approached the driver after
burglary at 115 Naden Ave S. The he exited his vehicle and pointed a pistol at
reporting party called 911 after arriving at him. The driver, who had no cash, could
the house to check on it for an ill family return to his car and speed off.
member hospitalized since Halloween. On December 29, at about 4:16 am at
Upon arrival, the pair found the driveway 26415 Lake Fenwick RD S, a single vehicle
gate to the home to be cut and forced occupied by driver and passenger was
open, the outside of the house with debris northbound on Lake Fenwick RD S at about
and trash everywhere, one of the family the 26400 block. The car went off the
vehicles in a state of disrepair and appears roadway and collided with a power pole. N
to have been lived in, as well as a separate The driver could exit the vehicle, but the
vehicle missing, presumably stolen. Before passenger had to be extricated by Fire. The
entering the house, the homeowners heard passenger was pronounced deceased at the 2
a noise and backed out, calling 911. scene by Fire after being removed from the N
Officers responded to the location and car. The driver was arrested for DUI. c
surrounded the house. Mechanical sounds Traffic quickly responded to the scene to E
consistent with a running washer/dryer assist. Q
were heard inside. Once a perimeter was On December 30, officers were dispatched
set, officers entered the residence to clear to a two-car collision with one person ;
it, finding two transient individuals who had ejected and deceased. A male was standing U0
moved in. Both were taken into custody next to this person, later determined to be o
without incident, and a significant amount the driver, with signs of impairment. The 4-
of Methamphetamine was also located. driver and passenger of the other car were r
• On December 27, Police units were able to get out of their vehicle, but Medics a
dispatched to Kent Valley Motel to the quickly got to work on unknown injuries. W
report of a shooting. A lone male adult was The driver of the non-fatality vehicle was r_
found in the middle of the parking lot, transported to Harborview by medics. The 0
suffering from a single gunshot to the thigh driver of the fatality car was transported to W
that exited below his buttocks. The victim VMC by TriMed. Traffic responded and went
L
stated that the shots came from inside a to both hospitals to get blood on both
black Kia that was on Central Ave. Casings drivers. o
were found in both the NB and SB lanes of On December 31, a male suspect thought
travel as well as the sidewalk fronting. his vehicle was in reverse when it was in
Witnesses reported hearing a total of 4-5 drive. He drove the car into an apartment N
gunshots. building with a minor injury to the driver. S
• On December 28, a stolen vehicle was The driver was arrested for DUI. -0
recovered at Lake Meridian Park. A On December 31, officers took a phone a
detective had been at the park in his report of an assault that happened the day
unmarked police vehicle when he spotted prior at 26138 68th Ave S. During the
the reported stolen vehicle in the parking investigation, it was determined that the c
lot. Officers made contact with the car, primary victim was pistol-whipped, and the m
detaining four juveniles without incident. suspect threatened to kill him several times
• On December 28, around 8:44 pm, patrol while pointing a handgun at the victim's E
responded to a drive-by shooting of the head. Most of the encounter was caught on E
0
Lighthouse Apartments, 10710 SE 256th a clear recording via surveillance cameras L)
St. It appears the suspect targeted unit F, outside the residence. Officers canvassed
firing around seven shots at the occupied the area for casings but were unable to
unit, striking the apartment and several locate any. Detectives were notified of the
vehicles. case. Case INV.
• On December 28, around 8:38 pm, a patrol Officers documented a drive-by shooting
was dispatched to an attempted robbery of call in the 6800 block of 196th. Witnesses
Page 9 of 16
Packet Pg. 14
5.6
reported a vehicle with an occupant firing a advised that a BMW was parked outside
gun into the air. No victims or damage was the "E" building and was running with
located, but six shell casings were located. unknown occupants. Linked into the call
• On December 31, at 12:03 am, patrol was a plate that came as a listed stolen
responded to the Kent Valley motel in license plate in WACIC. Officers arrived and
response to a shooting. The victim had found the vehicle occupied by at least one
been outside when the suspect(s) shot at individual passed out in the driver's seat.
him from a vehicle. The victim was unsure Once sufficient backing units arrived,
why the suspects had shot at him. officers repositioned his truck to block the
Numerous casings were found. car, and a high-risk vehicle stop was
• On December 31, around 8:20 am, patrol conducted. Upon hearing the commands N
responded to a shooting in the back from officers, the driver opened the door
parking lot of McLendon. The victim relayed and attempted to flee on foot up a rock
that around two hours ago, he had been retaining wall. Officers challenged the man 2
robbed at gunpoint, and the suspect shot and commanded him to stop before
him once in the leg after stealing his deploying a tazer to stop the subject. The c
phone. subject was taken into custody without E
• On January 1, 6:38 pm, Bomb/HME at Kent further incident. Q
Station/Sounder Station Parking Garage. On January 3, officers responded to a
Officers were dispatched to a report of recent robbery at gunpoint at Circle K ;
homemade explosives at the Sounder located at 1809 W Meeker ST. Three young ci
Station Parking Garage, with Security black males threatened the employee at o
recovering and securing a device. They gunpoint and stole cash and tobacco 4-
quickly set up a perimeter and swept the products from the store before fleeing in a r_
parking garage for any people to secure white sedan eastbound. The victim stated
the scene. KCSO responded with officers that all three suspects were dressed in
reaching out to ATF, who also sent techs. black, carrying pistols with extended
• On January 2, around 1:09 am, patrol magazines in them. Officers did a great job a
responded to a robbery at the Quality Inn, quickly airing the suspect description and W
1711 W Meeker St. The victim had been informing surrounding agencies about the Jn
L
outside when another guest brandished a involvement. AFIS was called to assist a)
firearm and took his phone. While PD was because the suspects did not wear gloves o
on scene investigating the incident, they during the robbery.
located the suspect and were able to arrest On January 4, at 6:20 pm, officers were
him. dispatched to a possible drive-by shooting (n
• On January 2, around 12:57 am, patrol at the Homestead Apts. The suspect in a S
responded to a robbery at 64th and 212th silver Pontiac had fired his gun at someone
St. The victim had been waiting for the bus and then parked his car in the back of the a
at the bus stop when a vehicle stopped, complex. Orders to stop were initially
and several suspects got out and ignored, but as the suspect got close to the L)
demanded their phone at gunpoint. entrance, he gave up and was detained c
• On January 2, officers investigated after without incident. A spent casing was
being dispatched to a report of a female located under the windshield wipers of the
who broke out a residential window at suspect car. That car was sealed up and E
25010 111 AV SE #9. Officers contacted taken to our impound lot as evidence. The E
0
the victim, who provided suspect suspect was booked into KC. L)
information, and were able to explain the On January 2, around 5:44 am, patrol
circumstances of this known suspect responded to a robbery in the area of SE
breaking their window. 256th and 132nd. The victim had been at a
• On January 3, officers responded to a bus stop when a dark sedan stopped, and
report of a suspicious vehicle at Berkeley several people with masks got out. Initially,
Heights Apartments. The reporting party
Page 10 of 16
Packet Pg. 15
5.B
they asked him for gas money, then vehicle. The suspect left the scene in the
demanded his wallet. victim's vehicle.
• On January 3, around 1:57 am, patrol
responded to a robbery at Circle K, 1809 W PUBLIC WORKS
Meeker St. Three suspects entered the
store with pistols and demanded the victim SurveySu
open the register. The suspects took a few Survey Field staff are providing staking for
hundred dollars in cash as well as some active work on the 108th St. & SE 264th
tobacco products. Roundabout project, design mapping for
• On January 4, around 7:19 pm, patrol the 2024 Overlay project, Meet Me On
responded to a shooting at the Homestead Meeker and 132nd Ave Drainage N
Apartments, 20600 108th Ave SE. The Improvements. Office staff continue
victim had been walking across the street providing right of way support on capitol
projects and professional review of CIP o
when confronted by a person in a vehicle projects.
who, after a short verbal exchange, shot a
round into the air and then pointed his GIS staff are working on the following T
projects: Stream Course data model
firearm at him, threatening him. The E
suspect was found in their vehicle nearby update, GeoPortal update planning, Fiber Q
and arrested. Mapping, Lead Water Service line inventory
• On January 5, officers responded to an tracking application, adding the Shoreline
unwanted subject call at Meeker and Master Plan data to enterprise layers and 0
Washington with an apparent excited starting the Dam inundation mapping plan. o
delirium situation. Officers did a fantastic Testing of the Hydrants and Meters 4-
job coordinating and directing the response Dashboard has begun. GIS Supervisor is
and chose a perfect time to move in to currently involved with ESRI system re- a
restrain the subject. It all ended well, with architecture with IT, updating workflow
the patient off to the hospital and no documentation for ArcPro surface analysis
with the new imagery product and o
injuries to anyone. a
• On January 7, at approximately 12:56 am, screening candidates for the open GIS
officers responded to two occupied Analyst 1, 2 and 4 position vacancies.
suspicious vehicles near 20449 105th Ave
Environmental
SE. The resident where the vehicle was Lakes Monitoring: The city has been
ditched stated the car was not theirs and awarded $60,000 King County Waterworks o
they needed it moved by PD. Officers grant to continue conducting monitoring of
facilitated the towing process, and an water quality at Lake Meridian and Lake N
inventory search was done. Atan/black Fenwick through December 2025 SOW and E
Glock handgun was found under the Budget prepared and reviewed by PW E
passenger seat of the Ford Focus. Officers leaders and submitted to King County to a
start the ILA process.
sealed up the car and authored a search
warrant to retrieve the unlawfully stowed Mayor's Homeless Task force/On-Call L)
firearm. The next day, the search warrant Garbage Contract:o Staffc
was executed, and the firearm was
working closely with Totem r
retrieved. The gun was entered into Logistics to continue cleanups at
evidence. multiple city-owned properties.
• On January 7, around 9:06 pm, officers
Locations and priority areas have been E
responded to a robbery at Riverwood
identified and being discussed.
Apartments, 24620 Russell Rd. The victim o Anew RFP (for 2024 contract) to solicit 0
had just left a friend's apartment and was bids from clean-up vendors will be
prepared and advertised soon.
in the driver's seat of his vehicle when the
suspect opened his car door and pointed a o King County UPLIFT program: The
gun at him, demanding his wallet and program has been approved for funding
using American Rescue Plan Act (ARPA)
Page 11 of 16
Packet Pg. 16
5.6
grant. Coordinating with King County 2024 Pavement Preservation (Overlay):
regarding contracting process and the Prepared overall budget to reflect
status of their contract with UPLIFT. additional scope changes, complete streets,
• Solid Waste Grants: and funding was identified. Approximately
o Re+ Grant: City continues working with 60 curb ramps to design. Ad Date of
the city of Renton on the grant received 2/27/24
from King County to educate businesses Mill Creek/76th Ave S Culvert Replacement
(Spanish- and Vietnamese-speaking) on and Road Raising: Project Advertised Jan 3.
proper solid waste and organic Pre-bid and on-site meetings available for
materials management. contractors to familiarize themselves with
o LSWFA Grant: This grant will pay for the project scheduled prior to bid opening. N
encampment cleanup and recycle Bid Opening scheduled for Jan 23.
events and is retroactive to July 1, Green River Bridge Painting and Deck
2023. The grant amounts to $170,307 Repair: EPA/State Dangerous Waste 2
with 25% match ($56,769) to be number issued by Ecology Jan 5. WSDOT N
provided by other solid waste grants has concurred with request for Tied Bids c
and city funding. Contract fully Public Interest Finding, Jan 5. E
executed. S. 224th St - Phase 3 West/Stage 1: 90% Q
o Ramp Grant: The Department of review comment resolution is underway.
Ecology has notified the city of Coordinating with WSDOT local programs
approved grant application ($60,000) to to obligate construction funds following ci
perform cleanup of state-owned ramps State Transportation Improvement Plan o
within the city. Final contract in the (STIP) approval. Continuing to work with 4-
process of being signed. Requests for property owners to secure necessary rights r
SOW/proposals from on-call clean-up to construct project. a
vendors under contract with the city • SR 167 Median Drainage: Preparing
with bid proposals received on Dec 28 contract documents. Project Review
and evaluated. Contracts with two of scheduled for Jan 16-26. a
the on-call clean-up vendors to be Safe Routes to School - School Zone
routed for approval. First ramp litter Flashers: 90% review distributed Dec 22. Jn
clean-up scheduled in March 2024. Comments were due Jan 12.
• Recycling Events: Contract for MMoM - 64th & Meeker and Kent o
management of recycle events to be routed Elementary Frontage: Evaluating
and presented to the COW on Jan 16. construction phasing in preparation for
Design soliciting consultant for Traffic Control plan N
• HSIP Road Diets: Advertised 1/2/24, bid preparation, and coordination with other S
opening 1/23/24 projects along corridor.
• Linda Heights: Ad date was on 12/13/23, Mill Creek ReEstablishment: Focusing on a
Pre-Bid on-site meeting scheduled permitting items to advance projects.
conducted on 12/21/23. Several Coordinating with Corps and Ecology L)
Addendum sent out with one changing the regarding project items to smooth c
bid opening date of 1/4/24 to 1/11/24 to permitting processes. SEPA posted for two
allow for additional of three segments with Jan 19 as the end c
contractor/subcontractor coordination due of notice. SEPA for the third segment to be E
to Holiday Timing. provided to permitting department for E
0
• Reith Road - Vicinity S 253rd ST to SR 516: posting by mid Jan. 401 Water Quality
Ad date of 1/16/24. 60% Review certification and Coastal Zone Management
comments received by most teams and applications submitted to Ecology.
evaluating joint comment resolution Continuing to coordinate with property
meeting. Right of Way acquisitions still in owners for necessary property rights.
progress (two).
Page 12 of 16
Packet Pg. 17
5.6
Construction hauled asphalt milling to the old salt
• 2023 Watermain Replacement: SPM is storage site on the West Hill, swept
scheduled for 1/17 to complete striping, shoulders with the Power Broom on Military
weather permitting. Rd S and S Reith Rd, prepared area for
o 196th Emergency Repair: Scarsella is pour, stripped forms and backfilled the
working on restoration for the sidewalk at 20321 102nd PI SE and at
watermain break on 196th and West 116th Ave SE, south of SE 240th St,
Valley Highway. Alia was there Friday to cleaned up the West Hill sand site at
pour curb and gutter and then again Riverview Blvd S and Veterans Dr, cleaned
Monday 1/8 to pour sidewalk. Scarsella up the traffic island on S 212th St, west of
put in a temp patch on the road on SR 167, cored for Engineering at Park N
Wednesday the 10th so the steel sheets Orchard on W Meeker St and 64th Ave S
can be removed ahead of inclement and prepared the snow and ice equipment
weather. Once we have a 2-day break for possible upcoming Winter snow/ice
in weather, Scarsella will remove all the event.
damaged road and repave with hot mix Signs and Markings crews installed type 3 c
asphalt until a grind and overlay can be barricades and moved ecology blocks from E
scheduled in Spring/Summer. the West Hill on Naden Ave S, set bases Q
• Washington Ave S Stormwater Pump and repaired type 3 barricades on SE
Station: Flushing station installed. It was 272nd St, west of 104th Ave SE, installed
discovered that a water meter must be bases and signs for WO#23-058 on SE ci
added for the flushing station. Design is 248th St and the Kent East Hill Operations o
working through permitting with Water Center (KEHOC), installed bases and
Dept now. TV inspection performed on the replaced signs for the retro-reflectivity
new sewer main. Working through program on SE 234th St, west of 132nd
correction details. Storm installation has Ave SE and prepared to set out traffic
begun. Manhole 5 is installed and crews control for possible upcoming Winter
are installing MH 4 this week and removing snow/ice event. a
the buried concrete road on West Valley. Solid Waste staff cleaned up debris on 1st W
• 108th Ave SE and SE 264th St Compact Ave S from W Willis St to S 261st St, Jn
Roundabout: Completing sidewalks on Riverview Blvd S from S 226th St to the
West side of 108th, weather permitting. sand pile at the dead end, including the o
Retaining wall footing pour is scheduled for on/off ramps to Veteran's Dr, on Lk
this week, weather permitting. Installing Fenwick Rd from Reith Rd to S 272nd St, S
vertical delineators on 108th to improve 260th St from Pacific Hwy S to Military Rd
after hours safety of traveling public. S, SE 256th St from 108th Ave SE to 116th .S
Ave SE and on Military Rd S from Kent Des
Moines Rd to S 272nd St. a
{ _ Water Vegetation crews cleaned up leaves U
and debris at Kent Springs, Pumpstation ••
r #5, the East Hill Well, Webster Park, Clark c
Springs, the West Hill sites, the 212th
Treatment Plant and at the 208th Well, E
performed fence repairs and tree removals E
' at the Seven Oaks Well, cleaned up debris o
1 and removed a fence at the 3.5 Tank. L)' £A Street Vegetation staff cleaned up leaves
Streets along S 208th St from WinCo to 132nd Ave
Street Maintenance crews cleaned the SE, 108th Ave SE from SE 269th St to SE
• shoulders at Russell Rd and W James St, 275th St, along the north and south side of
moved the ecology blocks on Naden Ave S, James St Hill, S 204th St from 72nd Ave S
to W Valley Hwy, planted street trees at W
Page 13 of 16
Packet Pg. 18
5.6
Gowe St and 2nd Ave S, pruned trees at E 260th St on the West Hill. Staff have also
Meeker St and State Ave N and at the Kent been assisting with cleaning the wet well at
Station, removed weeds and debris and the Lindental Pump Station while it is down
planted Rock Rose at islands on Pacific Hwy for an electrical upgrade project.
S, planted new trees and cleared the area Source, Supply and Pumpstations
for new plants at KEHOC, cleared leaves Source and Supply staff worked on
and debris from the planted beds on SE pumpstation inspections/training on the
Kent Kangley Rd, S 240th St and at the preventative maintenance checklist,
driving range, cleared leaves and debris system operations and controls, replaced a
from the traffic islands on SE 256th St and Mag meter and butterfly valve for well #3
the round-a-bouts on SE 223rd Dr, sprayed at Kent Springs, replaced the doors at the N
the PSE beds and installed a new gate for pumphouse at Pumpstation #4 due to
tree and sewer access at KEHOC. vandalism, cleaned up garbage at the Clark
The Sidearm mowers have shut down for Springs east property, performed 0
• the season and crews have hauled debris maintenance of the chemical feed and
from the GRNRA Nursery, moved ecology fluoride system, replaced the Kmno4 c
blocks, built soil bins, cut split rail fencing, injection valve, changed the oil on the E
removed a fence in preparation for planting fluoride pumps and replaced the influent Q
trees, repaired a fence and installed a new tubing lines for the fluoride saturators at
gate at KEHOC, cleared leaves and debris the 212th Treatment Plant, replaced the
from the planted islands on SE Kent caustic injection valve on the Clark Springs ci
Kangley Rd, 224th Ave SE, 4th Ave N, influent line at Pumpstation #5, installed o
204th Ave SE, ShowWare on E James St door security improvements at Pumpstation
and from people paths at various locations #5, the Garrison Well, Clark Springs and at r
Citywide. Kent Springs, replaced the y-strainer on a
• Wetland Mitigation crews line trimmed, the chlorine booster pump suction line at W
watered plants, planted and removed the East Hill Well, performed inspection of r
weeds and litter at the Downey site, Pressure Reducing Valves (PRVs) at various a
removed weeds by hand at the 72nd Ave locations Citywide, hauled filter media
site, transplanted at the GRNRA nursery, spoils away, exercised the well and JA
installed willow stakes at Swan Court, generator at Armstrong Springs, replaced
installed screening trees at KEHOC and the security lights at SSP1 and the 125 0
performed a site visit and planned the tank, troubleshot and tested the Guiberson
planting for the area at the East Clark site. reservoir bypass meter for accuracy,
Water/Sewer scheduled the 2024 PRV maintenance with N
• Water Distribution staff have been working GC Systems, removed the fluoride tanks S
through field investigations for 1,073 water and continued with the 212th Treatment
services for service line material that make Plant improvements, changed the oil for a
4-
up on both the public and customer side of the vertical turbine pumps, scheduled a 2
the water service. This information is fence repair with Verizon at Clark Springs, L)
needed for the lead service line inventory performed wellhead sampling and the c
requirement of the revised lead and copper treatment run sampling for chlorine, PH,
rule. Each water service will need to be temperature and conductivity at various E
excavated and field verified for the locations Citywide and completed the E
inventory. Water main cleaning on Kent's monthly and year end water quality E
0
East Hill and fire hydrant exercising in the reports. L)
Kent Valley portion of the service area SCADA staff programmed the pump drives
have also continued. for overload at Union Pacific pumpstation,
• Sewer staff have continued with line installed Verkada security cameras at the
cleaning in the area of S 262nd St and 208th Well pumphouse and at the 212th
39th PI S on the West Hill and with CCTV Treatment Plant, completed the SCADA
inspections in the area of 36th PI S and S work for the Lagoon pump to include level
Page 14 of 16
Packet Pg. 19
5.6
sensors and run indication, worked on the St and at 135th Ave SE and repairs at
Tacoma water order and source report, various locations Citywide.
sent out a bid request for Programmable Wetland Maintenance crews mowed at the
Logic Controller (PLC) replacement at the GRNRA at 21615 64th Ave S, performed
Lindental Sewer Lift Station, worked on the fence repairs at Southbend on 116th Ave
SCADA In Touch and Win-911 SE, Eagle Creek on 136th Ave SE, Linda
programming projects, wired, programmed Crest B on SE 201st PI, Pacific Northwest
and installed a level transducer at GRNRA Equipment on S 200th St and at Forest
North, replaced the pressure relays for Ridge Court on SE 274th St, ground
pumpstation #8 Highline intertie, checked stumps at the KDM Pond on S 248th St,
the pump hours for the Union Pacific cleaned up an encampment at the GRNRA N
stormwater pumpstation, scheduled with IT and N Van Doren's at 21500 Russell Rd,
department for testing and set-up of the cleaned up garbage at the GRNRA berm at
camera at the 208th St Well and worked S 220th St and 64th Ave S and trimmed
with Accu-Com on radio programming. trees at Applewood/Julie's Addition on N
• Pumpstation crews took inventory of gate 114th Ave SE. c
locks and changed out the sewer and storm Holding Pond crews performed tree E
pumpstation cores, replaced the check removals at West Creek Meadow at 21725 a
valve gaskets at Victoria Ridge, performed 116th Ave SE, Upper Mill Creek at 26626
wet well cleaning at the Mill Creek Sewer 104th Ave SE, Kingsley Glen at 14210 SE ;
pumpstation, wet well and check valve 279th St, Glencarin III at 12803 SE 213th U
cleaning at the Lindental Sewer Lift St, Hazelwood Meadows at 25118 117th Ct o
Station, worked with Xylem Pumps to SE and at Sun Preet at 24229 116th PI SE, 4-
perform pump preventative maintenance at pruned trees and removed a tree at the
the 81st Ave pumpstation, replaced the Plat of Kentara at 10329 SE 273rd PI, a
generator block heater at the James St ground stumps at the KDM pond at 2904 S w
Storm pumpstation, held an open house for 248th St and pruned bushes at Kentara at r
potential contractors at Linda Heights, 10412 SE 272nd PI. a
repaired the gate valve at GRNRA North Fleet/Warehouse
and prepared the area, installed and The Warehouse crew have continued to Jn
removed bypass pumping equipment while assist with CDL training, maintained the a)
the Motor Control Center (MCC) was being shops yard, keeping it clean and free of o
replaced by Bainbridge Electric at the litter and debris, cleaned and maintained
Lindental Sewer Lift Station. the wash rack, washed, and vacuumed
Storm Drainage/Vegetation motor pool vehicles, issued Personal N
• Storm crews cleaned storm lines at 25744 Protection Equipment (PPE) and motor pool .S
135th PI SE and at 11905 SE 208th St, dug vehicles to staff and hydrant meters to
ditches at 21441 94th PI S, replaced a contractors, repaired small equipment as a
casting at 9001 S 212th St and at 27420 needed, received parts and inventory
132nd Ave SE, cleaned the storm system orders, hauled spoils as time and
at 135th Ave SE and SE 273rd St, cleaned equipment were available, inventoried the c
and performed leaf removal with Snuffy on small attractive assets, prepared and
Reiten Rd and on Kennebeck Ave S, completed the annual inventory and
cleaned the slurry pit and bays and hauled balanced the inventory on the Water E
spoils at the Vactor site, cleaned decant service trucks. E
0
stations and performed ditch inventory and • Fleet staff performed air brake inspections, U
hot spot checks and updated the hotspot worked on new vehicle set ups, ordered,
list at various locations Citywide. Crews received and built new vehicles, delivered
also performed National Pollutant finished vehicles to their respective
Discharge Elimination System (NPDES) departments, sent vehicles to body shop
inspections at SE 251st St, SE 256th St and/or dealer for repairs, prepared vehicles
and at 119th Dr SE, pumping at SE 256th for the February auction and worked on
Page 15 of 16
Packet Pg. 20
5.B
scheduled and non-scheduled maintenance
repairs.
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Page 16 of 16
Packet Pg. 21
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
December 12, 2023
Date: December 12, 2023
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Boyce called the meeting to order.
Attendee Name Title Status Arrived
Bill Boyce Council President Present o
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present 0
a
Marli Larimer Councilmember Present �-
a
Zandria Michaud Councilmember Present
Toni Troutner Councilmember PresentLO
a
Les Thomas Councilmember Present r
Dana Ralph Mayor Present M
N
O
II. PRESENTATIONS N
1 2024 Comprehensive Plan Update Kristen 45 MIN.
Holdsworth o
0
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Long Range Planning Manager, Kristen Holdsworth presented the 2044 2
Comprehensive Plan Update. _
Holdsworth reviewed the timeline and advised the City is on track with it's
schedule to update the Comprehensive Plan.
a
as
The goal for tonight is to finalize alternatives for analysis in the DEIS (No a
action and action alternatives) with the understanding that the alternatives
do not constitute the Draft Future Land Use Map.
c
The Draft Future Land Use Map will be develop as part of the FEIS in the
Summer of 2024 through additional community input.
Kent's 2044 Growth Targets are for 10,200 new housing units and 32,000
new jobs by 2044. The City needs capacity for new housing units by
affordability.
The Buildable Lands Analysis is in the process of being updated to reflect the
new state law (HB1110 Middle Housing).
Packet Pg. 22
8.A.1
City Council Workshop Workshop Regular December 12, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Preliminary Alternative and Environmental Impacts
Community outreach and baseline analysis
Land use growth alternatives and analysis
Draft policy framework and plan elements
Final comprehensive Plan
Alternative 1: No action
Tests development outcomes under existing land use regulations
Likely does not meet 2044 targets
Required by SEPA 2
c
Alternative 2 - Nodes & Corridors 4-
More development intensity in Regional Growth Centers °
�a
New activity centers along Benson corridor and East Hill o
Meets 2044 targets a
Q
Alternative 3: Core with Transit Links
Concentrate growth in Regional Growth Center a
Modest growth along Benson corridor/East Hill
Meets 2044 job targets and exceeds housing targets. M
N
O
N
Alternative Summary: Locations of Growth N
Industrial Valley - There are strong PSRC requirements to preserve for
industrial uses and the City does not anticipate new housing in that area. o
Maintaining the City's existing land use designations without o
modifications/growth would occur under existing land use regulations and
r
policies.
a�
Alternate 2 - Nodes and Corridors =
Dispersed activity centers throughout the East Hill area and greater intensity a
in the regional growth areas.
Q
Alternate 3 - Core with Transit Links
Concentrated residential and employment development in Kent's regional c
growth areas.
Holdsworth conveyed the Growth Targets and New Development Housing
Units and jobs by each alternate:
Alternate #1 - 10,432 housing and 25,134 jobs
Alternate #2 - 10,813 housing and 32,241 jobs
Alternate #3 - 11,509 housing and 31,963 jobs
Holdsworth indicated the City has reached a major milestone of wrapping up
Phase 2.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 23
8.A.1
City Council Workshop Workshop Regular December 12, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
All councilmembers expressed approval of moving the three alternatives
forward for study.
Meeting ended at 5:31 p.m.
Ki ley A. Ko wwto-
City Clerk
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Page 3 of 3 Packet Pg. 24
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
December 12, 2023
Date: December 12, 2023
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
c
2. ROLL CALL
Attendee Name itlle= Status Arrived °
Dana Ralph Mayor Present c
Bill Boyce Council President Present a
Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present a
0
Toni Troutner Councilmember Present ti
Les Thomas Councilmember Present N
Zandria Michaud Councilmember Excused N
N
3. AGENDA APPROVAL
0
A. I move to approve the agenda as presented c
as
RESULT: MOTION PASSES [UNANIMOUS]
c
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Ralph, Boyce, Fincher, Kaur, Larimer, Troutner, Thomas
a
as
4. PUBLIC COMMUNICATIONS a
N
A. Public Recognition
c
L Employee of the Month
Mayor Ralph recognized Ida Matias as the City's December Employee of the
Month. Matias is the Lead Judicial Specialist at the City of Kent Municipal
Court.
ii. Proclamation for Les Thomas Day
Mayor Ralph presented Les Thomas with the Proclamation for Les Thomas
Day and expressed her appreciation of Councilmember Thomas and his public
service.
Packet Pg. 25
8.A.2
Kent City Council City Council Regular Meeting December 12, 2023
Minutes Kent, Washington
iii. Recognition of Outgoing Councilmember Les Thomas
Councilmember Thomas introduced his family and expressed his appreciation
of their support over the years.
Thomas talked about his family history in Kent and conveyed his pride for
Kent.
Thomas went onto express his appreciation of each councilmember and the
Mayor.
aD
r
Chief Padilla presented Councilmember Thomas with the Chief's Award for
Devoted Service.
4-
0
Chief Administrative Officer, Pat Fitzpatrick and Mayor Dana Ralph expressed o
words of appreciation for Councilmember Thomas. a
a
B. Community Events Q
Councilmember Thomas announced upcoming events at the accesso a
ShoWare Center. o
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C. Public Safety Report N
0
Chief Padilla presented the Public Safety Report that began with the N
Cq
announcement of four new officers. Mayor Ralph conducted the swearing in
of officers Andrew Robinson, Ernesto Green, Mark Mandella and Matt Kinney. o
4-
Chief Padilla announce the Kent Police Department has been reaccredited by
WASPC. Kent is one of only 4 departments with dual accreditation for
corrections and patrol operations. E
a�
Chief Padilla talked about the recent enforcement relating to open drug use =
and advised that the business community should know that the Kent Police a
Department is addressing this issue by increasing resources for enforcement.
Q
Chief Padilla talked about the recent Shop with a Cop event and expressed
appreciation of the work that Mayor Ralph did to coordinate, fundraise and
participate in this event. Chief Padilla recognized Dionne Ditmar from Airways
for fundraising, Detective Pribble for coordinating the event and for Assistant
Chief Kasner's willingness to serve as Buddy the Elf. Chief Padilla expressed
appreciation of the Kiwanis, Rotary and individual donors.
Chief Padilla provide details on the recent "Battle of the Badges" event.
Chief Padilla closed his presentation by talking about the recently completed
Community Police Academy and advised that an Advanced Academy is
coming in the spring.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6 Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting December 12, 2023
Minutes Kent, Washington
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph provided an update on the City's Legislative Agenda.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Pat Fitzpatrick advised his written report is
included in today's agenda packet.
C. Councilmembers' Reports
None. °'
_
6. PUBLIC HEARING
4-
0
None.
0
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7. PUBLIC COMMENT a
Q
Robert Carlisle, a Kent resident, thanked the City Attorney's Office for their
work to address a code compliance issue with an abandon house in his a
community. o
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Carlisle expressed appreciation of the City's Public Works Department for o
installing barriers and signs around the City's pump station to deter theCq
N
dumping of garbage and abandon vehicles.
a�
Carlisle asked for the Kent Police Department's assistance in dealing with 4-
illegal activity at 20607 92nd Avenue South. a
r
S. CONSENT CALENDAR
I move to approve Consent items A - P.
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember a
SECONDER: Bill Boyce, Council President
AYES: Ralph, Boyce, Fincher, Kaur, Larimer, Troutner, Thomas
A. Approval of Minutes
i. Land Use and Planning Board - Land Use Special Meeting - Nov 13, 2023
6:00 PM
ii. City Council Meeting - City Council Regular Meeting - Nov 21, 2023 7:00
PM
iii. Council Workshop - Workshop Regular Meeting - Nov 21, 2023 5:15 PM
iv. City Council Meeting - City Council Special Meeting - Nov 28, 2023 5:00
PM
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6 Packet Pg. 27
8.A.2
Kent City Council City Council Regular Meeting December 12, 2023
Minutes Kent, Washington
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 11/15/23 and paid on 11/15/23 and approve the
checks issued for payroll 11/1/23 - 11/15/23 and paid on
11/20/23, all audited by the Committee of the Whole on
11/21/23.
C. Excused Absence for Councilmember Michaud - Approve
MOTION: I move to approve an excused absence for
Councilmember Michaud for the meeting of December 12, 2023. 2
D. NeoGov Subscription Renewal - Authorize
MOTION: I move to authorize the Mayor to sign a subscription 0
renewal with NeoGov in the amount of $64,637.54, subject to
final terms and conditions acceptable to the IT Director and 0
City Attorney; to authorize the IT Director to sign future Q
renewals that are within established budgets; and to ratify past
actions consistent with this motion. a
0
E. Ordinance Amending Chapter 9.38 of the Kent City Code o
Relating to Parking Restrictions in the Panther Lake Area - N
Adopt N
MOTION: I move to adopt Ordinance No. 4480, amendingCq
sections in Chapter 9.38 of the Kent City Code, relating to
parking restrictions in the Panther Lake area. 4-
0
F. Consolidating Budget Adjustment Ordinance for Adjustments a
between October 1, 2023 and November 30, 2023 - Adopt
MOTION: I move to adopt Ordinance No. 4481, consolidating
budget adjustments made between October 1, 2023 and
November 30, 2023, reflecting an overall budget increase of
$30,527,040.
G. Department of Ecology 2023 - 2025 Solid Waste Management - a
Local Solid Waste Financial Assistance (LSWFA) Grant a
Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a Grant
Agreement with the Department of Ecology, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
H. Contract with Dimensional Communications, Inc. for Court
Audio and Video - Authorize
MOTION: I move to authorize the Mayor to sign a contract with
Dimensional Communications, Inc, subject to final terms
acceptable to the IT Director and City Attorney.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6 Packet Pg. 28
8.A.2
Kent City Council City Council Regular Meeting December 12, 2023
Minutes Kent, Washington
I. Agreement with RH2 Engineering for the Linda Heights Pump
Station Project - Authorize
MOTION: I move to authorize the Mayor to sign Amendment
No. 12 to the Consultant Services Agreement with RH2
Engineering, for the Linda Heights Pump Station project,
subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
J. 108th Avenue SE and 264th Street Compact Roundabout -
Additional Grant Funds - Authorize
r
MOTION: I move to authorize the Mayor to accept additional
grant funds for the 108th Avenue SE and 264th Street Compact
4-
Roundabout Project in the amount of $709,000, amend the 0
budget, authorize the expenditure of funds, and authorize the o
Mayor to sign all necessary documents, subject to final terms a
and conditions acceptable to the City Attorney and Public Q
Works Director.
K. South 224th Street Corridor Phase 3 - PSE Schedule 74 a
0
Agreement - Authorize o
MOTION: I move to authorize the Mayor to sign the PSE o
Schedule 74 Construction Agreement for the South 224thCq
N
Street Corridor Phase 3 project, subject to final terms and
conditions acceptable to the Public Works Director and City o
Attorney. -
L. South 224th Street Corridor Phase 3 - Temporary Pole
Relocation PSE Reimbursement Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a
Reimbursement Agreement with PSE for the South 224th Street
Corridor Phase 3 project, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
M. South 224th Sreet Corridor Phase 3 - Lumen Reimbursement a
Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the
Reimbursement Agreement with Qwest Corporation, subject to
final terms and conditions acceptable to the Public Works
Director and City Attorney.
N. Mill Creek at 76th Avenue Souh Culvert Improvements Project -
King County Wastewater Treatment Division Reimbursement
Agreement - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6 Packet Pg. 29
8.A.2
Kent City Council City Council Regular Meeting December 12, 2023
Minutes Kent, Washington
MOTION: I Move to authorize the Mayor to sign a
reimbursement agreement with the King County Wastewater
Treatment Division for the Mill Creek at 76th Avenue South
Culvert Improvements project, subject to final terms and
conditions acceptable to the City Attorney and Public Works
Director.
O. Transportartion Improvement Board Grant for the 76th Avenue
South (South Phase) Project - Authorize
MOTION: I move to authorize the Mayor to accept grant funds
from the Transportation Improvement Board for the 76th
Avenue South (South Phase) Project, amend the budget,
authorize expenditure of the grant funds, and authorize the —
Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public o
Works Director. a
Q
P. Transportation Improvement Board Urban Active
Transportation Grant - Authorize a
0
MOTION: I move to authorize the Mayor to accept grant funds o
from the Transportation Improvement Board for RRFB N
Crossings in the amount of $104,461, amend the budget, N
authorize the expenditure of the grant funds accordingly, and N
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and o
Public Works Director. o
a�
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9. OTHER BUSINESS
None.
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10. BIDS
a
None.
Q
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:10 p.m.
Kt*n�ley A. Ko wwto-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 6 Packet Pg. 30
8.B
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
11/30/23 and paid on 11/30/23, and approve the checks issued for
payroll 11/16/23 - 11/30/23 and paid on 12/5/23, all audited by the
Committee of the Whole on 12/18/23.
SUMMARY:
Approval of payment of the bills received through: 11/30/23
and paid 11/30/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
11/30/23 Wire Transfers 9946 9961 $2,235,564.86
11/30/23 Regular Checks 774441 774894 $10,179,115.49
11/30/23 Payment Plus 105515 105559 $161,376.32
Void Checks ($4,335.00)
Void Payment Plus $0.00
11/30/23 Use Tax Payable $2,966.50
Total Accounts Payable: $12,574,688.17
Approval of checks issued for Payroll: 11/16/23-11/30/23
and paid 12/05/23
Date Document Numbers Amount
12/05/23 Checks $3,242,684.96
Voids and Reissues $0.00
12/05/23 Advices FR&P 463653 463659 $4,370.65
Total Payroll: $3,247,055.61
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
12/12/23 Committee of the Whole MOTION PASSES
Packet Pg. 31
8.B
RESULT: MOTION PASSES [UNANIMOUS]Next: 1/16/2024
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
Packet Pg. 32
8.0
y
KENT
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Boyd - Approve
MOTION: I move to approve an excused absence for Councilmember Boyd
for the January 16, 2024, City Council meeting.
SUMMARY: Councilmember Boyd is unable to attend the January 16, 2024, City
Council meeting and has requested an excused absence.
Packet Pg. 33
8.D
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Carahsoft Technology Federal General Services
Administration Supply Contract - Authorize
MOTION: I move to authorize the IT Director to purchase through the
General Services Administration federal supply contract with Carahsoft
Technology Corporation, if those purchases fall within established budgets
and are made within the term of the contract, which is in effect through
August 21, 2028, or any extended contract term that may be authorized.
SUMMARY: Previously, the City purchased services and equipment from Carahsoft
Technology Corporation ("Carahsoft") through the General Services Administration
(GSA), an independent procurement agency of the federal government, through its
Federal Supply Contract, GSA GS-35F-0119Y.
Because this contract is no longer active, the City will need to purchase equipment
and services from Carahsoft through a different contract-GSA MAS 8F
47QSWA18D008F-which is currently in effect until August 21, 2028.
To date, purchases have been made under this GSA contract with the Mayor's
authority totaling $38,037.78 for renewal of Ivanti Technical Relationship Manager
which is a designated resource to assist with solution adoption and return on
investment of our Ivanti product.
In mid-January, as part of IT's hardware lifecycle, the City will need to replace
Nutanix hyperconverged infrastructure that runs its data center virtualization
environment, at a cost of approximately $380,000.00. To meet this timeframe, staff
is asking Council now to approve future purchases and renewals under this new
GSA contract within the term of the contract and any contract extensions the
federal government may authorize, and that fall within established budgets.
BUDGET IMPACT: None. These purchases will be funded through the IT Operating
and maintenance budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 34
8.D
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. GSA Multiple Award Schedule Contract GSA MAS 8F 47QSWA18DO08F (PDF)
12/12/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 1/16/2024
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
Packet Pg. 35
8.D.a
carahsoft.
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General Services Administration
Federal Supply Service Authorized Federal Supply Schedule Price List W
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Contractor: c
Carahsoft Technology Corp. c�
11493 Sunset Hills Rd., Suite 100
Reston, VA 20190
Phone: (703) 871-8500 Fax: (703) 871-8505 U_
www.carahsoft.com
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Contract Number:
47QSWA18DO08F
Multiple Award Schedule(MAS) $
0
Period Covered by Contract:
August 22, 2018— August 21, 2028
U
Authorized Special Item Numbers(SINS): c
Special Item No. 33411: Purchasing of new electronic equipment 00
Special Item No. 511210: Software Publishers n
Special Item No. 518210C: Cloud and Cloud-Related IT Professional Services 00
Special Item No. 532420L: Leasing of new electronic equipment 0
Special Item No. 541370GEO: Earth Observation Solutions 00
Special Item No. 54151: Software Maintenance Services Q
Special Item No. 54151ECOM: Electronic Commerce and Subscription Services
Special Item No. 54151 S: Information Technology Professional Services CY
Special Item No. 561422: Automated Contact Center Solutions(ACCS)
Special Item No. 611420: Information Technology Training U_
Special Item No. 811212: Maintenance of Equipment,Repair Services &/or Repair/Spare Parts 00
Special Item No.ANCILLARY: Ancillary Supplies and Services <
Special Item No. 333429: 3D Printing and Additive Manufacturing Solutions Q
Special Item No. 518210ERM: Electronic Records Management W
Special Item No. 493110RM: Physical Records Management Solutions
Special Item No. 3361E: Electric and Autonomous Vehicles and Accessories U
0
Special Item No.OLM: Order-Level Materials(OLM)
c
0
Online access to contract ordering information,terms and conditions, up-to-date pricing, and the option to create an electronic V
delivery order are available through GSA Advantage!,a menu-driven database system.The Internet address for GSA Advantage! Is
https://gsaadvantage.Rov m
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 1 Q
(703) 871-8500 47QSWA18D008F
contracts@carahsoft.com
Packet Pg. 36
8.D.a
carata t�f �S
N
Contractor Data and Points of Contact..........................................................................................................................................3 U
Contractor's Point of Contact for Contract Administration....................................................................................................3
Ordering Instructions / Terms and Conditions..............................................................................................................................3 in
1 a. Authorized Special Item Numbers (SINs).........................................................................................................................3 i
lb. Lowest Priced Model Number and Price for Each SIN:...................................................................................................3
lc. Hourly Rates........................................................................................................................................................................3 4)
2. Maximum Order..............................................................................................................................................................3 _
3. Minimum Order..............................................................................................................................................................4
4. Geographic Coverage......................................................................................................................................................4
5. Point(s) of Production.....................................................................................................................................................4 u_
6. Discount from Internal Rate...........................................................................................................................................4 >'
0
7. Quantity Discount............................................................................................................................................................4 0
8. Prompt Payment Terms..................................................................................................................................................4 c
9. Government Purchase Card............................................................................................................................................4 5
d
10. Foreign Items...................................................................................................................................................................4 H
11 a. Time of Delivery...............................................................................................................................................................4 c
11b. Expedited Delivery............................................................................................................................................................5
11 c. Overnight and 2-Day Delivery.........................................................................................................................................5 L
11 d. Urgent Requirements.........................................................................................................................................................5
U
12. FOB Point............................................................................................................................................................................5
13a. Ordering Address..............................................................................................................................................................5 0
13b. Ordering Procedures..........................................................................................................................................................5 c°°nv
14. Payment Address.............................................................................................................................................................5 u_
15. Warranty Provision..........................................................................................................................................................6 0
16. Export Packing Charges..................................................................................................................................................6
17. Terms and Conditions of Government Purchase Card Acceptance..............................................................................6 00
18. Terms and Conditions of Rental, Maintenance, and Repair (if applicable).................................................................6 <
19. Terms and Conditions of Installation.............................................................................................................................6
21. List of Service and Distribution Points..........................................................................................................................6 CJ
22. List of Participating Dealers...........................................................................................................................................6 1*
23. List of Approved Manufacturer CSAs...........................................................................................................................6 U-
Manufactures End-User License Agreements............................................................................................................................6 y
Additionalterms may apply......................................................................................................................................................6 Q
24a. Preventative Maintenance..................................................................................................................................................6 Q
25. Data Universal Number System (DUNS) Number.......................................................................................................6 Cn
26. Notification Regarding Registration in System for Award Management (SAM) Database.......................................6
27. Labor Category Descriptions and Pricing 7 UM
28. Non-Defective Product Returns 7 c
.....................................................................................................................................
Table of Awarded Special Item Numbers (SINs).........................................................................................................................8 0
V
Special Item Number Information............................................................................................................................................8 0
Special Item No. 33411: Purchasing of New Electronic Equipment......................................................................................8
Special Item No. 511210: Software Publishers......................................................................................................................10 m
Special Item No. 518210C: Cloud and Cloud-Related IT Professional Services................................................................11
Special Item No. 532420L: Leasing of new electronic equipment.......................................................................................22 Cn
SIN 532420L Option 1 Lease Terms and Conditions...........................................................................................................22
SIN 532420L Option 2 Lease Terms and Conditions...........................................................................................................26 Q
Special Item No. 541370GEO: Earth Observation Solutions...............................................................................................32 m
Special Item No. 54151: Software Maintenance Services....................................................................................................33 Q.
Special Item No. 54151ECOM: Electronic Commerce and Subscription Services............................................................33
Special Item No. 54151 S: Information Technology Professional Services.........................................................................33
Special Item No. 561422: Automated Contact Center Solutions (ACCS)...........................................................................37 N
Special Item No. 611420: Information Technology Training...............................................................................................37 C7
Special Item No. 811212: Maintenance of Equipment, Repair Services and/or Repair/Spare Parts.................................37
SIN 811212 Hardware Maintenance Order Terms...............................................................................................................38 m
SIN 811212 Hardware Repair Service Order Terms.............................................................................................................40 s
Special Item No. 333429: 3D Printing Solutions and Additive Manufacturing Solutions..................................................43 um
Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 2 Q
(703) 871-8500 47QSWA18D008F
contracts@carahsoft.com
Packet Pg. 37
8.D.a
Special Item No. 518210ERM: Elec nic rd .... ...p..................................................................43
p .g..Vendor Certification for SIN 518210 .... ............ .Q..................................................................44
Vendor Certification for SIN 493110RM —..........................................................................................................................45
Vendor Certification for SIN 493110RM—.............................................................................................................................47
ATTACHMENT I-AUTHORIZED PARTICIPATING DEALERS.....................................................................................48
ATTACHMENT II—Contractor Team Arrangements............................................................................................................49
ATTACHMENT III—Commercial Supplier Agreements.......................................................................................................50 —
L
ATTACHMENT IV A—U.S.Government Adobe FITARA Addendum................................................................................51 �
ATTACHMENT IV B—U.S.Government Nutanix FITARA Addendum..............................................................................54
d
ATTACHMENT IV C-U.S. Government VERITAS FITARA Addendum..........................................................................58
ATTACHMENT V—Approved IT Manufacturers.................................................................................................................61
m
Contractor Data and Points of Contact Ui
Contractor's Point of Contact for Contract Administration 2
Yvonne DLuzen—Contract
z
Manager Carahsoft
d
Technology Corp.
11493 Sunset Hills Rd.,Suite 100 0
w
Reston,VA 20190
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(703)871-8500(Main) 1 (703)871-8505 (fax)
contractsg,carahsoft.com
M
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Business Size: Other than Small O0
M
DUNs Number: 08836.5767 000
0
0
Ordering Instructions / Terms and Conditions
a
Ia. Authorized Special Item Numbers (SINS)
Special Item No. 33411: Purchasing of new electronic equipment. CY
Special Item No. 511210: Software Publishers
Special Item No. 518210C: Cloud and Cloud-Related IT Professional Services 00
Special Item No. 532420L: Leasing of new electronic equipment N
Special Item No. 541370GEO: Earth Observation Solutions
Special Item No. 54151: Software Maintenance Services W
Special ItemNo.54151ECOM: Electronic Commerce and Subscription Services
Special Item No. 54151 S: Information Technology Professional Services
Special Item No. 561422: Automated Contact Center Solutions(ACCS)
Special Item No. 611420: Information Technology Training r_
Special ItemNo. 811212: Maintenance of Equipment,Repair Services &/or Repair/Spare Parts V
Special ItemNo.ANCILLARY:Ancillary Supplies and Services m
Special Item No. 333429: 3D Printing and Additive Manufacturing Solutions
Special Item No. 518210ERM: Electronic Records Management
Special ItemNo.493110RM: Physical Records Management Solutions y
Special Item No. 3361E: Electric and Autonomous Vehicles and Accessories
Special Item No. OLM: Order-Level Materials (OLM) 3
Q
lb. Lowest Priced Model Number and Price for Each SIN: a
Not applicable.
1 c. Hourly Rates
See the Terms and Conditions for SIN 54151 S on pg.37,below. vaj
2. Maximum Order
as
SIN 33411 $500,000
SIN 511210 $500,000
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SIN 518210C carahsqf,Oto
SIN 532420L
SIN 541370GEO $1,000,000
SIN 54151 $500,000
SIN 541519CDM $500,000
SIN 54151ECOM $500,000 W
SIN 54151 S $500,000
SIN 564122 $500,000
SIN 611420 $250,000
SIN 811212 $500,000
SIN ANCILLARY $250,000
SIN 333429 $750,000
a�
SIN 518210ERM $1,000,000
0
SIN 49311 ORM $1,000,000
SIN 3361E $2,000,000
SIN OLM $250,000 $
0
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3. Minimum Order L
$100
U
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4. Geographic Coverage 0
Domestic and Overseas
U_
0
5. Point(s) of Production o
0
Varies by Manufacturer
a
6. Discount from Internal Rate
The GSA Net Price published on GSA Advantage!Reflects the fully burdened price.The negotiated discountCY
has been applied and the Industrial Funding Fee has been added.
LL
0
7. Quantity Discount N
a
Varies by Manufacturer,as reflected on GSA Advantage!
a
8. Prompt Payment Terms
Net 30 Days U
Information for Ordering Offices:Prompt Payment terms cannot be negotiated out of
the contractual agreement in exchange for other concessions. 0
V
Percentage-Based Purchasing: The published$0.01 price is not the customers' final price.The Purchase price of the
product is based on a commercial list price that is determined for the price you paid for the product.Please contact
Carahsoft Technology Corp.at(703)871-8500 or contractskcarahsoft.com for assistance with calculating the
purchase price of the software maintenance and additional product information. W
L
M
9. Government Purchase Card Q
Accepted for sales at or below the micro-purchase threshold.
a
Acceptance for purchases above the micro-purchase threshold will be determined on a procurement-by-
procurement basis. a
10. Foreign Items
None
s
11 a. Time of Delivery M
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SIN 33411: 30 Days after Rec t o s
o
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SIN 511210: 30 Days after ReccctE era
SIN 51821OC:30 Days after Receipt of Order N
SIN 532420L:30 Days after Receipt of Order
SIN 541370GEO:30 Days after Receipt of Order .2
SIN 54151:30 Days after Receipt of Order
SIN:541519CDM:30 Days after Receipt of Order Cn
SIN 54151ECOM: 30 Days after Receipt of Order
SIN 54151 S: 30 Days after Receipt of Order
d
SIN 561422:30 Days after Receipt of Order 0
SIN 611420:30 Days after Receipt of Order i
SIN 811212:30 Days after Receipt of Order -00
SIN ANCILLARY:30 Days after Receipt of Order �i
SIN 333429: 30 Days after Receipt of Order >,
SIN 518210ERM:30 Days after Receipt of Order 0
SIN 493110RM: 30 Days after Receipt of Order
SIN 3361E:30 Days after Receipt of Order
d
IIb. Expedited Delivery $
Please contact the Contractor for availability and rates. 0
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11 c. Overnight and 2-Day Delivery
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Please contact the Contractor for availability and rates.
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11 d. Urgent Requirements M
Agencies can contact the Contractor's representative to affect a faster delivery. Customers are encouraged U-
to contact the contractor for the purpose of requesting accelerated delivery. c
0
00
12. FOB Point
Destination
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13a. Ordering Address
Karina Woods—Operations Manager LL
Carahsoft Technology Corp. Q
11493 Sunset Hills Rd.,Suite 100
Reston,VA 20190 Q
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(703)871-8519(telephone)
(703)871-8505(fax)
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gsaorders(iD carahsoft.com
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13b. Ordering Procedures
For supplies and services,the ordering procedures and information on Blanket Purchase Agreements(BPAs)are m
found in Federal Acquisition Regulation(FAR)8.405-3.
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14. Payment Address 3
Jillian Szczepanek Q
Accounts Receivable Carahsoft Technology Corp.
11493 Sunset Hills Rd.,Suite 100 Q-
Reston,VA 20190
(703)871-8614(telephone)
(703)871-8505(fax) Q
gsanayments@carahsoft.com C9
c
m
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15. Warranty Provision
Varies by Manufacturer and Product/Service
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16. Export Packing Charges
Not applicable
17. Terms and Conditions of Government Purchase Card Acceptance i
Please contact the Contractor for terms and conditions of acceptance. -00
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18. Terms and Conditions of Rental, Maintenance, and Repair (if applicable)
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Not applicable 0
0
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19. Terms and Conditions of Installation
Not applicable
0
20a. Terms and Conditions of Repair Parts Indicating Date of Parts Price Lists and Any
Discounts from List Prices (if available)
Not applicable V
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20b. Terms and Conditions for Any Other Services M
Not applicable
LL
0
0
21. List of Service and Distribution Points o
Not applicable 0
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22. List of Participating Dealers CO)
The full list of Participating Dealers can be found on the Carahsoft CY
website,
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GSA MAS Schedule Authorized Dealers I Carahsoft 00
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23. List of Approved Manufacturer CSAs Q
Manufactures End-User License Agreements Cn
Additional terms may apply.
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24a. Preventative Maintenance c
None C)
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24b. Special Attributes such as Environmental Attributes (e.g. recycled content, energy
efficiency, and/or reduced pollutants) z
None Cnn
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24c. Section 508 Compliance for Electronic and Information Technology 3
Varies by Manufacturer Q
m
0.
25. Data Universal Number System (DUNS) Number
088365767 2
Q
Cn
26. Notification Regarding Registration in System for Award Management (SAM) Database
Contractor has an Active Registration in the SAM database
m
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0
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27. Labor Category Descriptions and Pricing
Seethe Terms and Conditions for SIN 54151 S beginning on page 37 below. it
U)
28. Non-Defective Product Returns L
Products are eligible for return or replacement within 30 days of invoice.New and unopened c
product return requests received more than 30 days after invoice are considered to be out-of-
policy return requests. These types of requests will be considered on a case-by-case basis.Any
applicable shipping costs are to be paid by the customer.
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Table of Awarded Special Item Numbers (SINS) Cn
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Authorized Special Item Numbers(SINS) Title/Description
33411 Purchasing of new electronic equipment `m
511210 Software Publishers
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518210C Cloud and Cloud-Related IT Professional Services
532420L Leasing of new electronic equipment o
0
541370GEO Earth Observation Solutions z
54151 Software Maintenance Services H
54151ECOM Electronic Commerce and Subscription Services c
w
54151 S Information Technology Professional Services
L
561422 Automated Contact Center Solutions(ACCS)
U
611420 Information Technology Training
0
811212 Maintenance of Equipment,Repair Services and/or Repair/Spare 0
M
Parts
u,
ANCILLARY Ancillary Supplies and Services 0
0
333429 3D Printing and Additive Manufacturing Solutions a
518210ERM Electronic Records Management Q
493110RM Physical Records Management Solutions
3361E Electric and Autonomous Vehicles and Accessories
OLM Order-Level Materials (OLM) U_
Special Item Number Information
Q
Cn
Special Item No. 33411: Purchasing of New Electronic Equipment
0
L
Includes desktop,laptop,tablet computers(including rugged), servers, storage equipment, c
hyperconverged integrated systems, supercomputers,routers, switches and other communications V
equipment,IT security equipment (hardware based firewalls), audio and video (AV) equipment,public
address systems, monitors/displays,sensors, and other Internet of Things (IOT) devices, printers and
Multi-Function Device (MFD) equipment,broadcast band radio,two-way radio (LMR),microwave z
radio equipment, satellite communications equipment,radio transmitters/receivers(airborne), radio Cn
navigation equipment/antennas,optical/imaging systems, and associated peripherals required for 13
operations(such as controllers, connectors,cables, drivers, adapters, etc., ancillary installation of any 3
equipment purchased. Q
m
NOTE: Subject to Cooperative Purchasing FSC CLASS 7010- SYSTEM CONFIGURATION Q'
End User Computers/Desktop Computers Professional Workstations Servers Laptop/Portable/Notebook
Computers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Q
Equipment,Not Elsewhere Classified vn
FSC CLASS 7025- INPUT/OUTPUT AND STORAGE DEVICES
Printers Display Graphics, including Video Graphics, Light Pens,Digitizers, Scanners,and Touch Screens E
Network Equipment
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Other Communications Equipment Optical Recognition Input/Output Devices Storage Devices including
Magnetic Storage,Magnetic Tape Storage and Optical Disk Storage Other Input/Output and Storage d
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Devices, Not Elsewhere Classified
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FSC CLASS 7035-ADP SUPPORT EQUIPMENT d
ADP Support Equipment 0
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FSC Class 7042- MINI AND MICRO COMPUTER CONTROL DEVICES •°'a
Microcomputer Control Devices Telephone Answering and Voice Messaging Systems Ui
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FSC CLASS 7050-ADP COMPONENTS
ADP Boards c
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FSC CLASS 5995 -CABLE,CORD, AND WIRE H
ASSEMBLIES: COMMUNICATIONS EQUIPMENT c
Communications Equipment Cables
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FSC CLASS 6015 - FIBER OPTIC CABLES
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Fiber Optic Cables
00
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FSC CLASS 6020- FIBER OPTIC CABLE ASSEMBLES AND HARNESSES M
Fiber Optic Cable Assemblies and Harnesses LL
0
0
FSC CLASS 6145- WIRE AND CABLE, ELECTRICAL p
Coaxial Cables 00
a
FSC Class 5805- TELEPHONE AND TELEGRAPH EQUIPMENT y
Telephone Equipment Audio and Video Teleconferencing Equipment CY
FSC CLASS 5810- COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS 00
Communications Security Equipment N
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FSC CLASS 5815- TELETYPE AND FACSIMILE EQUIPMENT <
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Facsimile Equipment(FAX)
FSC CLASS 5820-RADIO AND TELEVISION COMMUNICATION EQUIPMENT, EXCEPT
AIRBORNE c
Two-Way Radio Transmitters/Receivers/Antennas Broadcast Band Radio Transmitters/Receivers/ V
Antennas Microwave Radio Equipment/Antennas and Waveguides Satellite Communications Equipment
FSC CLASS 5821 - RADIO AND TELEVISION COMMUNICATION EQUIPMENT, AIRBORNE
Airborne Radio Transmitters/Receivers v)
L
FSC CLASS 5825 - RADIO NAVIGATION EQUIPMENT, EXCEPT AIRBORNE 3
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Radio Navigation Equipment/Antennas
a
FSC CLASS 5826- RADIO NAVIGATION EQUIPMENT, AIRBORNE
Airborne Radio Navigation Equipment a
Cn
FSC CLASS 5830-INTERCOMMUNICATION AND P UBLIC ADDRESS SYSTEMS,EXCEPT
AIRBORNE
Pagers and Public Address Systems(wired and wireless transmissions,including background music E
systems)
M
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FSC CLASS 5841 - RADAR EQUIPMENT, AIRBORNE
Airborne Radar Equipment
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FSC CLASS 5895 - MISCELLANEOUS COMMUNICATION EQUIPMENT
Miscellaneous Communications Equipment
Installation(FPDS Code
N070)for Equipment Offered
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Deinstallation(FPDS N070)
Reinstallation(FPDS N070) U-
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Special Item No. 511210: Software Publishers
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Includes both term and perpetual software c
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licenses and maintenance.NOTE: Subject to L
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Cooperative Purchasing
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FSC CLASS 7030- INFORMATION TECHNOLOGY SOFTWARE
Large Scale Computers U-
Operating System Software c
Application Software p
Electronic Commerce(EC) Software Q
Utility Software
Communications Software v)
Core Financial Management Software I-
Ancillary Financial Systems Software U-
Special Physical, Visual, Speech, and Hearing Aid 00
Q
Software Microcomputers
Software Microcomputers Cn
Operating System Software
Application Software
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Electronic Commerce(EC) Software
Utility Software V
Communications Software m
Core Financial Management Software
Ancillary Financial Systems Software
Special Physical,Visual, Speech, and Hearing Aid Software
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Special Item No. 51821OC: Cloud and Cloud-Related IT Professional Services W
Includes commercially available cloud computing services such as Infrastructure as a Service (Iaa S),Platform as
a Service (Paa S),and Software as a Service (Saa S)and emerging cloud services. IT professional services that W
are focused on providing the types of services that support the Government's adoption of,migration to or
governance/management of Cloud computing. Specific labor categories
and/or fixed price solutions (e.g. migration services, etc.)that support activities associated with assessing Cloud
solutions, refactoring workloads for Cloud solutions, migrating legacy or other systems to Cloud solutions, 0
providing management/govemance of Cloud solutions,DevOps,developing cloud native applications or other `m
Cloud oriented activities. 4)
LL
NOTE: Subject to Cooperative Purchasing o
0
FSC/PSC Class D305 IT AND TELECOM- TELEPROCESSING, TIMESHARE,AND CLOUD COMPUTING z
Cloud Computing Services
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Table 1:Cloud Computing CoMputing Services i.e.IaaS etc.) c
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SIN Description SubmCategories
to
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• Commercially available cloud 1. Software as a Service(SaaS): Consumer 0
computing services uses provider's applications on cloud
• Meets the National Institute for infrastructure.Does not manage/control platform LL
Standards and Technology(MIST) or infrastructure. Limited c
definition of Cloud Computing application level configuration may be available. a
essential characteristics. 2. Platform as a Service(PaaS): Consumer Q
deploys applications onto cloud platform ?�
• Open to all deployment models service using provider-
(private,public,community or CY
supplied tools. Has control over deployed
hybrid), vendors specify applications and some limited platform u_
deployment models configuration but does not manage the platform or 00
infrastructure. Q
3. Infrastructure as a Service(IaaS):
Consumer provisions computing resources.Has W
control over OS,storage,platform,deployed
applications and some limited infrastructure i
configuration,but does not manage the
infrastructure. C
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NOTE: Offerors may optionally select the single sub-category that best fits each cloud service offering,
per Service Model Guidance,or select no sub-category if the offering does not fit an existing NIST Cn
service model.
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DESCRIPTION OF CLOUD COMPUTING SERVICES (i.e.IaaS,etc.)AND PRICING d
a) The information provided below is designed to assist Offerors in qualifying cloud 0
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computing services and provide complete descriptions. `m
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b) In addition to standard pricing requirements, all pricing models must have the core capability
to meet the NIST Essential Cloud Characteristics,particularly with respect to on-demand self- o
service,while allowing alternate variations at the task order level at agency discretion, pursuant z
to the guidance on NIST Essential Characteristics. d
H
Table 2 summarizes the additional Offeror provided description requirements for services c
proposed under the Cloud
Computing Services (i.e Iaa S,etc.). All mandatory description requirements must be complete,
and adequate according to evaluation criteria. V
In addition, there is one"Optional" reporting descriptions which exists to provide convenient o
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service selection by relevant criteria. Where provided, optional description requirements cM
must be complete and adequate according to evaluation criteria: LL
0
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1) The NIST Service Model provides sub-categories for the Cloud SIN and is strongly p
encouraged,but not required.The Service Model based sub-categories provide this Q
SIN with a structure to assist ordering activities in locating and comparing services ?�
of interest. Contractors may optionally select the single service model most closely CY
corresponding to the specific service offering.
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2) If a sub-category is selected it will be evaluated with respect to the NIST Service N
Model definitions and guidelines in "Guidance for Contractors". Q
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Table 2:Cloud Service Description Requirements m
Description 7Requirement Reporting Instru
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Type ctions
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1 Provide a brief written Mandatory The cloud service must be capable of satisfying each of the five 0
description of how the NIST essential Characteristics as outlined in NIST Special i
proposed cloud ublication 800-145. See `GUIDANCE FOR CONTRACTORS: m
computing services(i.e. NIST Essential Characteristics'below in this document for detailed
LL
Iaa S,etc.) overall direction,as well as guidance on inheriting essential >,
satisfies each individual characteristics.The NIST"Measured Service"characteristic p
requires a minimal"pay as you go"unit of o
essential NIST r_
Characteristic measurement appropriate for the service.In the case of SaaS,the
appropriate maximum measured increment of service shall be no
ore than 30 days per user,or some other equivalent discrete $
measurement that provides the government with the advantage of G
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frequent(approximately every 30 days)"pay as you go"metering
L
cycles. SaaS products,where consumption is only measured on �
an annual basis,may better fit under"Term Software License"SIN �?
132-32.Likewise,offers of any combinations of IaaS,Paa S or any c
other cloud product services in a bundle or other fashion that do not M
meet the frequency requirements of approximately 30-day
measurement and billing cycles,will not be accepted as U_
complying with the NIST Measured Service characteristic. c
00
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2 Select NIST deployment models Mandatory Contractors must select at least one NIST deployment model as
for the cloud computing service outlined in NIST Special Publication 800- 145 describing how CJ
proposed. the proposed cloud computing service is deployed. Select
ultiple deployment models if the service is offered in more than U_
one deployment model. Q
See `GUIDANCE FOR CONTRACTORS:NIST Deployment
Model'below in this document for detailed direction on how to a
best categorize a service for the NIST deployment models. W
L
3 Optionally select the most Optional Contractor may select a single NIST Service model to sub-
appropriate NIST service model categorize the service as outlined in NIST Special Publication V
that will be the 800-145. Sub-category selection is optional but recommended.
designated sub-category,or may See `GUIDANCE FOR CONTRACTORS:NIST Service Model'
select no sub-category. below in this m
document for detailed direction on how to best categorize a
service for the NIST Iaa S,Paa S,and Saa S service models. W
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2) GUIDANCE FOR OFFERORS N
m
This section offers guidance for interpreting the Contractor Description Requirements in Table 2 (above)
including the NIST essential cloud characteristics, service models and deployment models.This section is not W
a list of requirements. i
m
Offeror specific definitions of cloud computing characteristics and models or significant variances from the (7
NIST essential characteristics or models are discouraged and will not be considered in the scope of this SIN
L
or accepted in response to evaluation factors. The only applicable cloud characteristics, service �
model/subcategories and deployment models for this SIN will be drawn from the NIST 800-145 special W
publication. Services qualifying for listing as cloud computing services (i.e. Iaa S etc.) under this SIN must u-
substantially satisfy the essential characteristics of cloud computing as documented in the NIST Definition of o
Cloud Computing SP 800-1451 c
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Offerors must select deployment models corresponding to each way the service can be deployed.Multiple
deployment model designations for a single cloud service are permitted but at least one deployment model $
must be selected. r°n
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Both Cloud service model(i.e. Iaa S,etc.)and deployment model(i.e. public, etc.)designations must c`a
accord with NIST definitions. Guidance is offered in this document on making the most appropriate V
selection c
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a) NIST Essential Characteristics M
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General Guidance o
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NIST's essential cloud characteristics provide a consistent metric for whether a service is eligible for inclusion in this SI
N. It is understood that due to legislative, funding and other constraints that government entities cannot always leverage a C
cloud service to the extent that all NIST essential characteristics are commercially available.For the purposes of the �+
Cloud SIN, meeting the NIST essential characteristics is determined by whether each essential capability of the commercial LCLO
service is available for the service, whether or not the Ordering Activity actually requests or implements the capability. Q
The guidance in Table 3 offers examples of how services might or might not be included based on the essential
characteristics, and how the Contractor should interpret the characteristics in light of current government contracting Q
processes.
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1 7 http://csrc.nist.gov/publications/nisti)ubs/800-145/SP800-145.pdf V
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Table 3:Guidance on MeetingNIST Essential Characteristics W
Characteristic Capability Guidance
W
L
On- . Ordering activities Government procurement guidance varies on how to implement on-demand
demand can directly provisioning at this time.
self- provision services
Ordering activities may approach on-demand in a variety of ways, L_
service without requiring including"not-to-exceed"limits,or imposing monthly or other -Da
Contractor appropriate payment cycles on what are essentially on demand services. Li
intervention.
. This characteristic is Services under this SIN must be capable of true on-demand self-service,and o
typically ordering activities and Contractors must negotiate how they implement on —p
implemented via a demand capabilities in practice at the task order level:
service console or . Ordering activities must specify their procurement approach and
programming requirements for on-demand service
interface for • Contractors must propose how they intend to meet the approach c
provisioning • Contractors must certify that on-demand self-service is technically
available for their service should procurement guidance become L
available.
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Broad Ordering activities . Broad network access must be available without significant qualification ch
Network are able to access and in relation to the deployment model and security domain of the 00
Access services over service
standard agency . Contractors must specify any ancillary activities,services or equipment LL
networks 00
required to access cloud services or integrate cloud with other cloud or non- c
Service can be cloud networks and services. For example,a private cloud might require an a
accessed and Ordering Activity to purchase or provide a dedicated router,etc.which is °r°
provisioned using acceptable but should be indicated by the Contractor. <
standard devices
such as browsers, CJ
tablets and mobile
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Resource . Pooling distinguishes . The cloud service must draw from a pool of resources and provide an N
Q
Pooling cloud services from automated means for the Ordering Activity to dynamically allocate them. E
simple offsite hosting. • Manual allocation,e.g.manual operations at a physical server farm where Q
Ordering activities Contractor staff W
configure servers in response to Ordering Activity requests, does not meet this
draw resources from requirement U
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a common pool . Similar concerns apply to software and platform models;automated
maintained by the provisioning from a pool is required p
Contractor • Ordering activities may request dedicated physical hardware, software or U
Resources may have platform resources to m
general access a private cloud deployment service. However the provisioned cloud
13
characteristics such
resources must be drawn from a common pool and automatically allocated a)
as regional location on request. W
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Rapid Elasticity . Rapid provisioning . Rapid elasticity is a specific demand-driven case of self-service cc
and de- provisioning • `Rapid' should be understood as measured in minutes and hours,not days or Q
commensurate with wee s.
demand • Elastic capabilities by manual request,e.g.via a console operation or a
programming interface call,are required.
. Automated elasticity which is driven dynamically by system load,etc.is
optional. Contractors must specify whether automated demand-driven Q
elasticity is available and the general mechanisms that drive the W
capability.
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t)
Measured Measured service . Procurement guidance for on-demand self-service applies to measured in
Service should be understood service as well,i.e.rapid elasticity must be technically available but i
as a reporting ordering activities and Contractors may mutually designate other
requirement that contractual arrangements.
enables an Ordering . Regardless of specific contractual arrangements,reporting must indicate ja
Activity to control actual usage,be continuously available to the Ordering Activity,and `m
their use in provide meaningful metrics appropriate to the service measured as
cooperation with self . Contractors must specify that measured service is available and the general U-
service sort of metrics and mechanisms available 0
. The goal of the Measured Service requirement is to ensure Ordering c
Activities realize the full benefit of"pay as you go"consumption models. s
Consumption measurements that are not discrete enough or frequent enou,
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(greater than 30 days),will not fulfill this NIST essential characteristic a $
will not be eligible for inclusion in this SIN. 0
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Inheriting Essential Characteristics
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Cloud Services (i.e. Iaa S,etc.)may depend on other cloud services, and cloud service models such as Paa S M
and Saa S are able to inherit essential characteristics from other cloud services that support them. For example a LL
Paa S platform service can inherit the b road network access made available by the Iaa S service it runs on, and o
0
in such a situation would be fully compliant with the broad network access essential characteristic. Cloud o
Services (i.e. Iaa S,etc.) inheriting essential characteristics must make the inherited characteristic fully available 00
at their level of delivery to claim the relevant characteristic by inheritance.
Inheriting characteristics does not require the inheriting provider to directly bundle or integrate the inherited CY
service, bu t it does require a reasonable measure of support and identification.For example,the Ordering
LL
Activity may acquire an Iaa S service from "Provider A" and a Paa S service from "Provider B". The Paa S 000
service may inherit broad network access from "Provider A" but must identify and support the inherited N
service as an acceptable IaaS provider.
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Assessing Broad Network Access
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Typically broad network access for public deployment models implies high bandwidth access from the public
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intemet for authorized users. U
In a private cloud deployment internet access might be considered broad access, as might be access through a
dedicated shared high bandwidth network connection from the Ordering Activity, in accord with the private a
nature of the deployment model.
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Resource Pooling and Private Cloud M
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All cloud resource pools are finite, and only give the appearance of infinite resources when sufficiently large, as is m
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sometimes the case with a public cloud. The resource pool supporting a private cloud is typically smaller with more
visible limits. A finite pool of resources purchased as a private cloud service qualifies as resource pooling so long as
the resources within the pool can be dynamically allocate d to the ultimate users of the resource, even though the pool Q
itself appears finite to the Ordering Activity that procures access to the pool as a source of dynamic service allocation. W
1) NIST Service Model
The Contractor may optionally document the service model of cloud computing(e.g.Iaa S,Paa S, Saa S,or a E
combination thereof,that most closely describes their offering,using the definitions in the NIST Definition of
M
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Cloud Computing SP 800-145.The following guidance is offered for the proper selection of service models.
NIST's service models provide this SIN with a set of consistent sub-categories to assist ordering activities in
W
locating and comparing Cloud services (i.e. Iaa S,etc.)of interest. Service model is primarily concerned with
the nature of the service offered and the staff and activities most likely to interact with the service. Contractors `m
should select a single service model most closely corresponding to their proposed service based on the
guidance below. It is understood that cloud services can technically incorporate multiple service models and
the intent is to provide the single best categorization of the service.
m
Contractors should take care to select the NIST service model most closely corresponding to each service
offered.Contractors should not invent,proliferate or select multiple cloud service model sub-categories to
distinguish their offerings,because ad-hoc categorization prevents consumers from comparing similar 0
offerings. Instead vendors should make full use of the existing NIST categories to the fullest extent possible.
z
For example,in this SIN an offering commercially marketed by a Contractor as"Storage as a Service" would
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be properly characterized as Infrastructure as a Service (Iaa S),storage being a subset of infrastructure. $
Services commercially marketed as"LAMP as a Service" or "Database as a Service" would be properly w
characterized under this SIN as Platform as a Service (Paa S), as they deliver two kinds of platform services.
Services commercially marketed as"Travel Facilitation as a Service" o r "Email as a Service" would be V
properly characterized as species of Software as a Service (Saa S)for this SIN.
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However, Contractors can and should include appropriate descriptions (including commercial marketing 00
terms) of the service in the full descriptions of the service's capabilities. M
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When choosing between equally plausible service model sub-categories, Contractors should consider several c
factors:
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a) Visibility to the Ordering Activity. Service model sub-categories in this SIN exist to help Ordering
Activities match their requirements with service characteristics. Contractors should select the most
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intuitive and appropriate service model from the point of view of an Ordering Activity.
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b) Primary Focus of the Cloud Service (i.e. Iaa S,etc.). Services in ay offer a mix of capabilities 00
that span service models in the strict technical sense. For example,a service may offer both Iaa S Q
capabilities for processing and storage, along with some Paa S capabilities for application
deployment,or Saa S capabilities for specific applications. In a service mix situation the W
Contractor should select the service model that is their primary focus. Alternatively contractors
may choose to submit multiple service offerings for the SIN, each optionally and separately U
subcategorized.
c
0
c) Ordering Activity Role. Contractors should consider the operational role of the Ordering Activity's V
primary actual
d) consumer or operator of the service. For example services most often consumed by system managers m
are likely to fit best as Iaa S; services most often consumed by application deployers or
developers as Paa S,and services most often consumed by business users as Saa S. W
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e) Lowest Level of Configurability. Contractors can consider Iaa S,Paa S and Saa S as an ascending Q
hierarchy of complexity,and select the model with the lowest level of available Ordering Activity
interaction. As an example,virtual machines are an Iaa S service often bundled with a range of a
operating systems,which are Paa S services. The Ordering Activity usually has access to configure
the lower level Iaa S service, and the overall service should be considered Iaa S. In cases where the g
Ordering Activity cannot configure the speed, memory,network configuration,or any other aspect a
of the Iaa S component,consider categorizing as a Paa S service. W
Cloud management and cloud broker services should be categorized based on their own characteristics
and not those of the othe r cloud services that are their targets. Management and broker services typically s
fit the Saa S service model, regardless of whether the services they manage are Saa S,Paa S or Iaa S.Use
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Table 3 to determine which service model is appropriate for the cloud 0)
management or cloud broker services, or, alternately choose not to select a service model for the service.
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The guidance in Table 4 offers examples of how services might be properly mapped to NIST service @
models and how a Contractor should interpret the service model sub-categories. c
Table 4:Guidance on Mapping to NIST Service Models (�
Service Model Guidance d
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Infrastructure as a Service Select an IaaS model for service based equivalents of hardware appliances such as virtual CD
(IaaS) machines,storage devices,routers and other physical devices. o
• IaaS services are typically consumed by system or device managers who would
configure physical hardware in a non-cloud setting
• The principal customer interaction with an IaaS service is provisioning then
configuration,equivalent to procuring and then configuring a physical device. c
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Examples of IaaS services include virtual machines,object storage,disk block storage,network
routers and firewalls,software defined networks.
U
Gray areas include services that emulate or act as dedicated appliances and are directly used by
applications,such as search appliances,security appliances, etc.To the extent that these services 0
or their emulated devices provide direct capability to an application they might be better
classified as Platform services(PaaS).To the extent that they resemble raw hardware and are LL
consumed by other platform services they are better classified as IaaS. c
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Platform as a Service(PaaS) Select a PaaS model for service based equivalents of complete or partial software platforms.For the
purposes of this classification, consider a platform as a set of software services capable of
deploying all or part of an application. Cn
• A complete platform can deploy an entire application. Complete platforms can be i
proprietary m
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or open source d
• Partial platforms can deploy a component of an application which combined
with other components make up the entire deployment
• PaaS services are typically consumed by application deployment staff whose '0
responsibility is to take a completed agency application and cause it to run on the ii
designated complete or partial platform service
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• The principal customer interaction with a PaaS service is deployment, C
equivalent to deploying an application or portion of an application on a
software platform service. 0
• A limited range of configuration options for the platform service may be available.
Examples of complete PaaS services include: c
• A Linux/Apache/MySQL/PHP(LAMP)platform ready to deploy a
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customer PHP application, �
• a Windows.Net platform ready to deploy a.Net application, V
• A custom complete platform ready to develop and deploy a customer
application in a proprietary language
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• A multiple capability platform ready to deploy an arbitrary customer
application on a range of underlying software services. LL
The essential characteristic of a complete PaaS is defined by the customer's ability to deploy a c
complete custom application directly on the platform. p
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PaaS includes partial services as well as complete platform services. Illustrative examples of Q
individual platform enablers or components include: ?�
• A database service ready to deploy a customer's tables,views and procedures,
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• A queuing service ready to deploy a customer's message definitions
• A security service ready to deploy a customer's constraints and target U_
applications for continuous monitoring 00
The essential characteristic of an individual PaaS component is the customer's ability to deploy the Q
unique structures and/or data onto the component for a partial platform function.
Q
Note that both the partial and complete PaaS examples all have two things in common: CO
• They are software services,which offer significant core functionality out of the box U
• They must be configured with customer data and structures to deliver results
c
As noted in IaaS,operating systems represent a gray area in that OS is definitely a platform service,b 0
is typically bundled with IaaS infrastructure. If your service provides an OS but allows for interaction 0
with infrastructure,please sub-categorize it as IaaS. If your service"hides"underlying infrastructure
consider it as PaaS.
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Software as a Select a SaaS model for service based equivalents of software applications. m
Service(SaaS) • SaaS services are typically consumed by business or subject-matter staff who would U
interact directly with the application in a non-cloud setting
• The principal customer interaction with a SaaS service is actual operation and consumption of the y
application services the SaaS service provides. @
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Some minor configuration may be available, but the scope of the configuration is limited to the
scope and then the permissions of the configuring user. For example an agency manager might
e able to configure some aspects of the application for their agency but not all agencies. An 70
agency user might be able to configure some aspects for themselves but not everyone in their -0)
agency. Typically only the Contractor would be permitted to configure aspects of the software Li
for all users.
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Examples of SaaS services include email systems,business systems of all sorts such as travel o
systems,inventory systems,etc.,wiki's,websites or content management systems,management c
applications that allow a customer to manage other cloud or non-cloud services,and in general d
any system where customers interact directly for a business purpose. H
Gray areas include services that customers use to configure other cloud services,such as cloud y
management software,cloud brokers,etc.In general these sorts of systems should be considered SaaS,
per guidance in this document.
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2) Deployment Model M
Deployment models (e.g. private, public, community,or hybrid) are not restricted at the SIN level and any LL
specifications for a deployment model are the responsibility of the Ordering Activity. 00
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Multiple deployment model selection is permitted, but at least one model must be selected. The guidance in 00
Table 4 offers examples of how services might be properly mapped to NIST deployment models and how the Q
Contractor should interpret the deployment y
model characteristics. Contractors should take care to select the range of NIST deploym ent models most CY
closely corresponding to each service offered.
LL
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Note that the scope of this SIN does not include hardware or software components used to construct a cloud, only Q
cloud capabilities delivered as a service, as noted in the Scope section.
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Table 5:Guidance for Selecting a Deployment Model m
Deployment Model Guidance
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Private Cloud The service is provided exclusively for the benefit of a definable �
organization and its components;access from outside the organization is 0
prohibited. The actual services may be provided by third parties,and may
be physically located as required, but access is strictly defined by
membership in the owning organization. e_
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Public Cloud The service is provided for general public use and can be accessed
by any entity or organization willing to contract for it. c
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Community Cloud The service is provided for the exclusive use of a community with a
definable shared boundary such as a mission or interest. As with 0
private cloud, the service may be in any suitable location and
administered by a community member or a third party. LL
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Hybrid Cloud The service is composed of one or more of the other models. Typically
hybrid models include some aspect of transition between the models CJ
that
make them up,for example a private and public cloud might be designed as 00
a hybrid cloud where events like increased load permit certain specified Q
services in the private cloud to run in a public cloud for extra capacity,e.g.
bursting. Q
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Special Item No. 532420L: Leasing of new electronic equipment Cn
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Leasing of new electronic equipment. Includes the following lease types:
Lease to Ownership, and Lease with Option to Own (�
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NOTE: Subject to Cooperative Purchasing -00
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FSC/PSC Class W070 LEASE OR RENTAL OF EQUIPMENT- ADP
EQUIPMENT/SOFTWARE/SUPPLIERS/SUPPORT EQUIPMENT 0
Lease of Products
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INFORMATION TECHNOLOGY CATEGORY HARDWARE SUBCATEGORY
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SIN 532420L Option 1 Lease Terms and Conditions
Option 1 Lease Terms and Conditions does not contain a cancellation clause and all leases automatically expire on V
September 3 Oth or sooner.
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52.207-5 Option to Purchase Equipment Feb 1995
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52.227-14 Rights in Data-General May 2014 0
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1. STATEMENT Q
a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a lease CY
arrangement. Un less the ordering activity intends to obligate other than annual appropriations to fund
the lease, the base period o f the lease is from the date of the product acceptance through September 30 U_
of the fiscal year in which the order is placed. 00
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b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation (FAR)
Subpart 7.4 Product Lease or Purchase and OMB Circular A-11. Agencies are responsible for the Cn
obligation of funding consistent with all applicable legal principles when entering into any lease
arrangement.
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2. FUNDING AND PERIODS OF LEASING ARRANGEMENTS 0
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a. Annual Funding. When annually appropriated funds are cited on an order for leasing, the following
applies: m
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i. The base period of an order for any lease executed by the ordering activity shall be for the Cn
duration of the fiscal year.All ordering activity renewal options under the lease shall be M
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specified in the delivery order. All orders for leasing shall remain in effect through September Q
30 of the fiscal year or the planned expiration date of the lease, whichever is earlier, unless t he m
ordering activity exercises its rights hereunder to acquire title to the product prior to the a
planned expiration date or unless the ordering activity exercises its right to terminate under
GSAR 552.212-4.Orders under the lease shall not be deemed to obligate succeeding fiscal
year's funds or to otherwise commit the ordering activity to a renewal. <
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ii. All orders for leasing shall automatically terminate on September 30, unless the ordering
activity notifies the Contractor in writing thirty (30) calendar days prior to the expiration of E
such orders of the ordering activity's intent to renew. Such notice to renew shall not bind
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the ordering activity. The ordering activity has the option to renew each year at the original
rate in effect at the time the order is placed.This rate applies for the duration o f the order.
If the ordering activity exercises its option to renew, the renewal order shall be issued in
within 15 days after funds become available for obligation by the ordering activity,or as
specified in the initial order. No termination fees shall apply if the ordering activity does c
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not exercise an option. 0
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a. Crossing Fiscal Years Within Contract Period. Where an ordering activity has specific authority to -°'a
cross fiscal years with annual appropriations,the ordering activity may place an order under this option ii
to lease product for a period up to the expiration of its period of appropriation availability,or twelve
months,whichever occurs later, notwithstanding the intervening fiscal years.
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3. DISCONTINUANCE AND TERMINATION
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Notwithstanding any other provision relating to this SIN, the ordering activity may terminate c
products leased under this agreement,at any time during a fiscal year in accordance with the w
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termination provisions contained in GSAR 552.212-4(1) Termination for the ordering activity's L
convenience,or (m) Termination for cause. Additionally, no termination for cost or fees shall be
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charged for non-renewal of an option.
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4. The following terms and conditions may be included.
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a. ASSIGNMENT OF CLAIMS o
GSAR 552.232-23,Assignment of Claims, is incorporated herein by reference as part of p
these lease provisions. The ordering activity's contracting officer will acknowledge the Q
assignment of claim for a lease in accordance with FAR 32.8. The extent of the assignee's
protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with
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FAR 32.803.
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b. PEACEFUL POSSESSION AND UNRESTRICTED USE 00
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In recognition of the types of products available for lease and the potential adverse impact to the <
ordering activity's Q
mission, the ordering activity's quiet and peaceful possession and unrestricted use of the Cn
product shall not be disturbed in the event the product is sold by the Contractor,or in the
event of bankruptcy of the Contractor,corporate dissolution of the Contractor,or other event.
The product shall remain in the possession of the ordering activity until the expiration of the
lease. Any assignment, sale, bankruptcy, or other transfer of the leased product by the 0
V
Contractor will not relieve the Contractor of its obligations to the ordering activity and will m
not change the ordering activity's duties or increase the burdens or risks imposed on the
ordering activity. z
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c. COMMENCEMENT OF LEASE
The date on which the ordering activity accepts the products is the Commencement Date of the 3
lease. Acceptance is as defined elsewhere in the contract,or as further specified in the order. Q
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d. INSTALLATION AND MAINTENANCE +�
i. Installation and Maintenance,when applicable,normally are not included in the charge for g
leasing. The Contractor may require the ordering activity to obtain installation and <
maintenance services from a qualified source. The ordering activity may obtain installation
and/or maintenance on the open market,from the Contractor's schedule contract,or from
other sources. The ordering activity may also perform installation and/or maintenance in E
s
house,if qualified resources exist. In any event,it is the responsibility of the ordering
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activity to ensure that maintenance is in effect for the Lease term for a 11 products leased.
ii. When installation and/or maintenance are ordered under this schedule to be performed by the y
Contractor,the payments,terms and conditions as stated in this contract apply. The rates and i
terms and conditions in effect at the time the order is issued shall apply during any c
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subsequent renewal period of the lease. The maintenance rates and terms and conditions may C9
be added to the lease payments with mutual agreement of the parties.
m
e. MONTHLY PAYMENTS: U-
i. Prior to the placement of an order under this Special Item Number, the ordering activity and a'
0
the Contractor must agree on a"base value"for the products to be leased. For Lease to 0
Ownership (Capital Lease) the base value will be the contract purchase price (less any
discounts).For Lease with Option to Own (Operating Lease), the base value will be the
contract purchase price (less any discounts), less a mutually agreed upon residual value (pre- c
stated purchase option price at the conclusion of the lease) for the products. The residual value t
c�
will be used in the calculation of the original lease payment,lease extension payments,and the
purchase option price. V
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ii. To determine the initial lease term payment,the Contractor agrees to apply the negotiated M
lease factor to the agreed upon base value: LL
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For Example:Lease factor one(1) percent over the rate for the three-ye a (or other term)
00
Treasury Bill (T-bill) at the most current U. S.Treasury auction. Q
The lease payment may be calculated by using a programmed business calculator or by using
"rate" functions provided in commercial computer spreadsheets.
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iii. For any lease extension, the extension lease payment will be ba sed on the original residual U-
value, in lieu of the purchase price. The ordering activity and the Contractor shall agree on a 00
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new residual value based on the estimated fair market price at the end of the extension. The Q
formula to determine the lease payment will be that in 5.b. Above. Q
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iv. The purchase option price will be the fair market value of the product or payment will be
based upon the unamortized principle, as shown on the payment schedule as of the last
payment prior to the date of transfer of ownership, whichever is less. 0
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V. The point in time when monthly rates are established is subject to negotiation and evaluation at
the order level.
vi. In the event the ordering activity desires, at any time,to acquire title to product leased 13
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hereunder, the ordering activity may make a one-time lump sum payment. 3
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f. LEASE END/DISCONTINUANCE OPTIONS a
i. Upon the expiration of the Lease Term, Termination for Convenience, or Termination for Non -
M
Appropriation,the ordering activity will return the Product to the Contractor unless the ordering 2
activity by 30 days written notice elects either: <
1. to purchase the product for the residual value of the product,or
2. to extend the term of the Lease, as mutually agreed. To compute the lease payment,
the residual value from the preceding lease shall be the initial value of the leased s
product.A new residual value shall be negotiated for the extended lease and new lease
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payments shall be computed.
ii. Relocation- The ordering activity may relocate products to another location within the y
ordering activity with prior written notice. No other transfer,including sublease, is permitted.
ordering activity shall not assign, transfer or otherwise dispose of any products, or any interest c
d
therein, or crate or suffer any levy, lien or encumbrance then except those created for the 0
benefit of Contractor or its assigns. 70
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iii. Returns LL
1. Within fourteen (14) days after the date of expiration, non-renewal or termination of a o
lease, the ordering activity shall, at its own risk and expense, have the products o
c
packed for shipment in accordance with manufacturer's specifications and return the z
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products to Contractor at the location specified by Contractor in the continental US,
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in the same condition as when delivered, ordinary wear and tear excepted.Any c
expenses necessary to return the products to good working order shall be at ordering M
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activity's expense.
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2. The Contractor shall conduct a timely inspection of the returned products and within c
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45 days of the return, assert a claim if the condition of the product exceeds normal cM
wear and tear. LL
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3. Product will be returned in accordance with the terms of the contract and
in accordance with Contractor instruction. 00
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4. With respect to software,the ordering activity shall state in writing to the Contractor y
that it has: CY
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i. deleted or disabled all files and copies of the software from the equipment on LL
which it was installed; 00
ii. returned all software documentation,training manuals,and physical media Q
on which the software was delivered;and
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iii. has no ability to use the returned software. M
g. UPGRADES AND ADDITIONS cvo
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i. The ordering activity may affix or install any accessory,addition, upgrade,product or device c
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on the product("additions")provided that such additions: C)
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1. can be removed without causing material damage to the product;
2. do not reduce the value of the product; and
3. are obtained from or approved by the Contractor and are not subject to the interest
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of any third party other than the Contractor. 3
Q
ii. Any other additions may not be installed without the Contractor's prior written consent. At a
the end of the lease term,the ordering activity shall remove any additions which:
1. were not leased from the Contractor,and
2. are readily removable without causing material damage or impairment ofCn
the intended function,use, or value of the product, and restore the product
to its original configuration.
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iii. Any additions that are not so removable will become the Contractor's property (lien free). 0
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iv. Leases of additions and upgrades must be co-terminus with that of the product.
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h. RISK OF LOSS OR DAMAGE 0
The ordering activity is relieved from all risk of loss or damage to the product during periods of c
transportation,installation,and during the entire time the product is in possession of the ordering �
activity, except when loss or damage is due to the fault or negligence of the ordering activity. The
ordering activity shall assume risk of loss or damage to the product during relocation,(i.e.,moving the
m
product from one ordering activity location to another ordering activity location), unless the Contractor
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shall undertake such relocation. ur
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i. TITLE 2
0
During the lease term, product shall always remain the property of the Contractor.The ordering activity
shall have no property right or interest in the product except as provided in this leasing agreement and
shall hold the product subject and subordinate to the rights of the Contractor. Software and software
licenses shall be deemed personal property. The ordering activity shall have no right or interest in the c
software and related documentation except as provided in the license and the lease. Upon the
Commencement Date of the Lease Term, the ordering activity shall have an encumbered license to use
the software for the Lease Term. The ordering activity's encumbered license rights in the software will V
be subject to the same rights as provided to a purchaser of a license under the terms of this contract
except that the ordering activity will not have an unencumbered,paid-up license until it has made all 0
lease payments for the full Lease Term in the case of a Lease To Ownership or has otherwise paid the
applicable purchase option price. LL
0
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j. TAXES p
The lease payments,purchase option prices, and interest rates identified herein exclude a 11 state and local °r°
taxes levied on or measured by the contract or sales price of the product furnished hereunder. The Q
ordering activity will be invoiced for any such taxes as Contractor receives such tax notices or y
assessments from the applicable local t axing authority.Pursuant to the provisions of FAR 52.229-1 State CY
and Local Taxes,the ordering activity agrees to pay tax or provide evidence necessary to support an
exemption from the tax. o"o
k. ADDITIONAL LEASE TERMS Q
Offeror may propose additional lease terms and conditions for billings, payments,and/or invoices, as �Q
long as they are consistent with the terms and conditions specified elsewhere.
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INFORMATION TECHNOLOGY CATEGORY HARDWARE SUBCATEGORY c
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SIN 532420L Option 2 Lease Terms and Conditions
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Option 2 Lease Terms and Conditions contains a cancellation clause, in which the fee must be in accordance with in
applicable legal principles. 'a
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To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower Q
discounts/prices based on the ordering activity's stated intent to fulfill the projected term of a lease including option a
years, while at the same time including separate charges for early end of the lease, the following terms apply.These
terms address the timing and extent of the ordering activity's financial obligation including any potential charges for early
end of the lease.
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52.207-5 Option to Purchase Equipment Feb 1995
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52.227-14 Rights in Data-General May 2014 U
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1. LEASING PRICE LIST NOTICE @
a. Contractors must include the following notice in their contract price list for SIN 532420L: c
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"The ordering activity is responsible for the obligation of funds consistent with applicable law.
Agencies are advised to review the lease terms and conditions contained in this price list prior
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to ordering and obligating funding for a lease."
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2. STATEMENT OF ORDERING ACTIVITY INTENT
a. The ordering activity and the Contractor understand that a delivery order issued pursuant to this 0
SIN is a lease arrangement and contemplates the use of the product for the term of the lease
specified in such delivery order(the "Lease Term"). In that regard, the ordering Activity,
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as lessee, understands that the lease provisions contained herein and the rate established for the c
delivery order are premised on the ordering Activity's intent to fulfill that agreement,
including acquiring products for the period of time specified in the order. Each lease
hereunder shall be initiated by a delivery order which shall, either through a statement of V
work or other attachment,specify the product being leased, and the required terms of the c
transaction. M
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b. Each ordering activity placing a delivery order under the terms of this option intends to 0
exercise each renewal option and to extend the lease until completion of the Lease Term so p
long as the need of the ordering activity for the product or functionally similar product Q
continues to exist and funds are appropriated. Contractor may request information from the ?�
ordering activity concerning the essential use of the products. CY
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3. LEASE TERM U_
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a. The date on which the ordering activity accepts the products is the Commencement Date of the Q
lease.For acceptance to occur,the products must operate in accordance with the product's
published specifications and statement of work.
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Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the
ordering activity and the Contractor. M
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b. Any lease is executed by the ordering activity on the basis that the known requirement for V
such product exceeds the initial base period of the delivery order, which is typically 12
months,or for the remainder of the fiscal year. Pursuant to FAR and/or DFAR 232.703-3(b),
delivery orders with options to renew that are funded by annual(fiscal year)appropriations
may provide for initial base periods and option periods that cross fiscal years as long as the �j
initial base period or each option period does not exceed a 12 month period.This cross fiscal E
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year authority does not apply to multi-year leases. Q
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c. The total Lease Term will be specified in each delivery order, including any relevant renewal Q'
options of the ordering activity. All delivery orders, whether for the initial base period or
renewal period, shall remain in effect through September 30 of the fiscal year(unless extended Q
by statute),through any earlier expiration date specified in the delivery order, or until the
ordering activity exercises its rights hereunder to acquire title to the product prior to such
expiration date.The ordering activity, at its discretion, may exercise each option to extend the E
term of the lease through the lease term. Renewal delivery orders shall not be issued for less
M
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than all of the product and/or software set forth in the original delivery order. Delivery orders
under this SIN shall not be deemed to obligate succeeding fiscal year funds.The ordering
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activity shall provide the Contractor with written notice of exercise of each renewal option as Cn
soon as practicable. Notice requirements may be negotiated on an order-by-order basis. m
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d. Where an ordering activity's specific appropriation or procurement authority provides for 0
contracting beyond the fiscal year period, the ordering activity may place a delivery order for
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a period up to the expiration of the Lease Term,or to the expiration of the period of
availability of the multi-year appropriation,or whatever is appropriate under the applicable
circumstances.
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4. LEASE TERMINATION
a. The ordering activity must elect the Lease Term of the relevant delivery order. The
Contractor (and assignee, if any)will rely on the ordering activity's representation of its $
0
intent to fulfill the full Lease Term to determine the monthly lease.
payments calculated herein.
i. The ordering activity may terminate or not renew leases under this option at no cost, V
pursuant to a Termination for Non-Appropriation as defined herein (see paragraph (c)
below). In any other event, the ordering activity's contracting officer may either 0
terminate the relevant delivery order for cause or Termination for Convenience in
accordance with GSAR 552.2124 paragraphs(1) and (m). U_
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ii. The Termination for Convenience at the end of a fiscal year allows for separate
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charges for the early end of the lease (see paragraph(d)below). In the event of Q
termination for the convenience of the ordering activity, the ordering activity may be
liable only up to the amount beyond the order's Termination Ceiling. Any (Y
termination charges calculated under the Termination for Convenience clause must be 1*
determined or identified in the delivery order or in the lease agreement. 00
b. Termination for Convenience of the Ordering Activity: Leases entered into under this option Q
may not be terminated except by the ordering activity's contracting office responsible for the
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delivery order in accordance with GSAR 552.212-4,Contract Terms and Conditions Cn
Commercial Items, paragraph (1) Termination for Convenience of the ordering activity. The
costs charged to the ordering activity as the result of any Termination for Convenience of the
ordering activity must be reasonable and may not exceed the sum of the fiscal year's payment 0
obligations less payments made to date of termination plus the Termination Ceiling.
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c. Termination for Non-Appropriation: The ordering activity reasonably believes that the bona
fide need will exist for the entire Lease Term and corresponding funds in an amount Cn
sufficient to make all payments for the lease Term will be available to the ordering activity. M
Therefore, it is unlikely that leases entered into under this option will terminate prior to the Q
full Lease Term. Nevertheless, the ordering activity's contracting officer may terminate or
not renew leases at the end of any initial base period or option period under this paragraph if
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(a)it no longer has a bona fide need for the product or functionally similar product;or (b) g
there is a continuing need, but adequate funds have not been made available to the ordering Cn
activity in an amount sufficient to continue to make the lease payments. If this occurs, the C9
ordering activity will promptly notify the Contractor,and the product lease will be terminated
at the end of the last fiscal year for which funds were appropriated. Substantiation to support E
a termination for non- appropriation shall be provided to the Contractor upon request.
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d. Termination Charges: At the initiation of the lease, termination ceilings will be established
for each year of the lease term.The termination ceiling is a limit on the amount that a y
Contractor may be paid by the ordering activity on the Termination for Convenience of a lease. i
No claim will be accepted for future costs: supplies, maintenance,usage charges or interest c
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expense beyond the date of termination.In accordance with the bona fide needs rule, all C9
termination charges must 70
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reasonably represent the value the ordering activity received for the work performed based upon
the shorter lease term. No Termination for Convenience costs will be associated with the u_
expiration of the lease term. p
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e. At the order level, the ordering activity may,consistent with legal principles, negotiate
lower monthly payments or rates based upon appropriate changes to the termination
conditions in this section. $
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4. The following terms and conditions may be included.
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a. ASSIGNMENT OF CLAIMS ch
GSAR 552.232-23,Assignment of Claims, is incorporated herein by reference as part of M
these lease provisions. The ordering activity's contracting officer will acknowledge the
assignment of claim for a lease in accordance with FAR 32.8. The extent of the assignee's 00
protection is in accordance with FAR 32.804.Any setoff provision must be in accordance with Q
FAR 32.803. 00
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b. PEACEFUL POSSESSION AND UNRESTRICTED USE
In recognition of the types of products available for lease and the potential adverse impact to the CJ
ordering activity's
mission, the ordering activity's quiet and peaceful possession and unrestricted use of the U-
product shall not be disturbed in the event the product is sold by the Contractor,or in the Q
event of bankruptcy of the Contractor,corporate dissolution of th e Contractor,or other event.
The product shall remain in the possession of the ordering activity until the expiration of the Q
lease. Any assignment, sale, bankruptcy, or other transfer of the leased product by the
Contractor will not relieve the Contractor of its obligations to the ordering activity and will
not change the ordering activity's duties or increase the burdens or risks imposed on the
ordering activity. 0
V
c. COMMENCEMENT OF LEASE
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The date on which the ordering activity accepts the products is the Commencement Date of 3
the lease. Acceptance is as defined elsewhere in the contract,or as further specified in the order.
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d. INSTALLATION AND MAINTENANCE
i. Installation and Maintenance,when applicable,normally are not included in the charge for Q
leasing. The Contractor may require the ordering activity to obtain installation and
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maintenance services from a qualified source. The ordering activity may obtain installation
and/or maintenance on the open market,from the Contractor's schedule contract,or from g
other sources. The ordering activity may also perform installation and/or maintenance in a
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house,if qualified resources exist. In any event,it is the responsibility of the ordering
activity to ensure that maintenance is in effect for the Lease term for all products leased.
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ii. When installation and/or maintenance are ordered under this schedule to be performed by the
Contractor,the payments,terms and conditions as stated in this contract apply. The rates and
terms and conditions in effect at the time the order is issued shall apply during any subsequent in
renewal period of the lease. The maintenance rates and terms and conditions may be added to
the lease payments with mutual agreement of the parties. d
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e. MONTHLY PAYMENTS: i
i. Prior to the placement of an order under this Special Item Number, the ordering activity and -°'a
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the Contractor must agree on a"base value"for the products to be leased. For Lease to U_
Ownership (Capital Lease) the base value will be the contract purchase price (less any o
discounts).For Lease with Option to Own (Operating Lease), the base value will be the 0
contract purchase price (less any discounts), less a mutually agreed upon residual value (pre-
stated purchase option price at the conclusion of the lease) for the products. The residual value
will be used in the calculation of the original lease payment,lease extension payments,and $
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the purchase option price.
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ii. To determine the initial lease term payment,the Contractor agrees to apply the negotiated V
lease factor to the agreed upon base value: c
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For Example: Lease factor one(1) percent over the rate for the three-year (or other term) LL
Treasury Bill (T-bill) at the most current U. S.Treasury auction. 00
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The lease payment may be calculated by using a programmed business calculator or by using 0
"rate" functions provided in commercial computer spreadsheets. 00
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For any lease extension, the extension lease payment will be based on the original residualCY
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value, in lieu of the purchase price. The ordering activity and the Contractor shall agree on a
new residual value based on the estimated fair market price at the end of the extension. The U_
formula to determine the lease payment will be that in 5.b. Above. 00
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iv. The purchase option price will be the fair market value of the product or payment will beCn
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based upon the unamortized principle, as shown on the payment schedule as of the last
payment prior to the date of transfer of ownership, whichever is less. U
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V. The point in time when monthly rates are established is subject to negotiation and evaluation at 0
the order level.
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vi. In the event the ordering activity desires, at any time,to acquire title to product leased m
hereunder, the ordering activity may make a one-time lump sum payment.
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f. LEASE END/DISCONTINUANCE OPTIONS 3
i. Upon the expiration of the Lease Term, Termination for Convenience, or Termination for Non - Q
Appropriation,the ordering activity will return the Product to the Contractor unless the ordering m
0.
activity by 30 days written notice elects either:
1. to purchase the product for the residual value of the product,or
2. to extend the term of the Lease, as mutually agreed. To compute the lease payment, a
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the residual value from the preceding lease shall be the initial value of the leased
product.A new residual value shall be negotiated for the extended lease and new lease
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payments shall be computed. s
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ii. Relocation- The ordering activity may relocate products to another location within the
ordering activity with prior written notice. No other transfer,including sublease, is permitted.
ordering activity shall not assign, transfer or otherwise dispose of any products, or any M
interest therein, or crate or suffer any levy, lien or encumbrance then except those created
m
for the benefit of Contractor or its assigns.
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iii. Returns 70
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1. Within fourteen (14) days after the date of expiration, non-renewal or termination of a
lease, the ordering activity shall, at its own risk and expense, have the products LL
packed for shipment in accordance with manufacturer's specifications and return the p
products to Contractor at the location specified by Contractor in the continental US, 0
in the same condition as when delivered, ordinary wear and tear excepted.Any
expenses necessary to return the products to good working order shall be at ordering H
activity's expense. c
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2. The Contractor shall conduct a timely inspection of the returned products and within L
45 days of the return, assert a claim if the condition of the product exceeds normal V
wear and tear.
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3. Product will be returned in accordance with the terms of the contract and in LL
accordance with Contractor instruction. o
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4. With respect to software,the ordering activity shall state in writing to the Contractor Q
that it has:
i. deleted or disabled all files and copies of the software from the equipment on
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which it was installed;
ii. returned all software documentation,training manuals,and physical media LL
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on which the software was delivered;and Q
iii. has no ability to use the returned software.
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g. UPGRADES AND ADDITIONS
i. The ordering activity may affix or install any accessory, addition, upgrade,product or device
on the product("additions")provided that such additions: c
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1. can be removed without causing material damage to the product; m
2. do not reduce the value of the product; and
3. are obtained from or approved by the Contractor,and are not subject to the interest z
of any third party other than the Contractor. M
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ii. Any other additions may not be installed without the Contractor's prior written consent. At Q
the end of the lease term,the ordering activity shall remove any additions which:
1. were not leased from the Contractor,and
2. are readily removable without causing material damage or impairment of
the intended function,use, or value of the product, and restore the productCn
Q
to its original configuration.
iii. Any additions that are not so removable will become the Contractor's property (lien free).
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iv. Leases of additions and upgrades must be co-terminus with that of the product. M
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h. RISK OF LOSS OR DAMAGE
The ordering activity is relieved from all risk of loss or damage to the product during periods of W
transportation,installation,and during the entire time the product is in possession of the ordering
activity, except when loss or damage is due to the fault or negligence of the ordering activity. The
ordering activity shall assume risk of to ss or damage to the product during relocation,(i.e.,moving the �
product from one ordering activity location to another ordering activity location), unless the Contractor
shall undertake such relocation. i
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i. TITLE u_
During the lease term, product shall always remain the property of the Contractor.The ordering o
activity shall have no property right or interest in the product except as provided in this leasing p
agreement and shall hold the product subject and subordinate to the rights of the Contractor. z
Software and software licenses shall be deemed personal property. The ordering activity shall have
no right or interest in the software and related documentation except as provided in the license and the $
lease. Upon the Commencement Date of the Lease Term, the ordering activity shall have an G
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encumbered license to use the software for the Lease Term. The ordering activity's encumbered
license rights in the software will be subject to the same rights as provided to a purchaser of a c`a
license under the terms of this contract except that the ordering activity will not have an V
unencumbered,paid-up license until it has made all lease payments for the full Lease Term in the case
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of a Lease To Ownership or has otherwise paid the applicable purchase option price. M
j. TAXES c
The lease payments,purchase option prices, and interest rates identified herein exclude all state and local
taxes levied on or measured by the contract or sales price of the product furnished hereunder. The 00
ordering activity will be invoiced for any such taxes as Contractor receives such tax notices or <
assessments from t h e applicable local taxing authority.Pursuant to the provisions of FAR 52.229-1
State and Local Taxes,the ordering activity agrees to pay tax or provide evidence necessary to support CJ
an ex-emption from the tax.
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k. ADDITIONAL LEASE TERMS cn
Offeror may propose additional lease terms and conditions for billings, payments,and/or invoices, as Q
long as they are consistent with the terms and conditions specified elsewhere. Q
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Special Item No. 541370GEO: Earth Observation Solutions C
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Provides geospatial earth observation technologies, products, and services to include, but not limited
to ground, satellite and aerial based sensor data and imagery;worldwide digital transmission, intemet,
data, and video services and products through various networks, platforms,and applications.Offerings W
include global coverage, imagery, archive storage and distribution, monitoring, basemaps(mosaics),
and earth observation solutions for accurate,mission critica 1 information for uses to include, but not 3
limited to, environmental,agriculture, meteorology, forestry, fish & wildlife habitats,disaster response Q
and recovery, defense,maritime, mapping, humanitarian support,transportation,and public safety.
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NOTE: Subject to Cooperative Purchasing
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FSC/PSC Class D304 IT AND TELECOM- W
TELECOMMUNICATIONS AND TRANSMISSION
IT AND TELECOM-TELECOMMUNICATIONS AND TRANSMISSION
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FSC/PSC Class D305 IT AND TELECOM- TELEPROCESSING,
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TIMESHARE,AND CLOUD COMPUTING
- IT AND TELECOM- TELEPROCESSING, TIMESHARE, AND CLOUD
COMPUTING
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FSC/PSC Class D317 IT AND TELECOM- WEB-BASED SUBSCRIPTION
Creation/Retrieval of IT Related Data Services 4)
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Creation/Retrieval of Other Information Services 0
Web-Based Subscription m
FSC/PSC Class D399 IT AND TELECOM- OTHER IT AND TELECOMMUNICATIONS Ui
Other IT and Telecommunications Services
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Special Item No. 54151: Software Maintenance Services
Software maintenance services creates,designs, implements, and/or integrates customized changes to c
software that solve one or more problems and is not included with the price of the software. Software w
maintenance services includes person-to-person communications regardless of the medium used to L
communicate: telephone support, online technical support, customized support, and/or technical expertise V
which are charged commercially.
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NOTE: Subject to Cooperative Purchasing M
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Special Item No. 54151ECOM: Electronic Commerce and Subscription Services
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Includes value added network services, e-mail services, Internet access services, electronic subscription
services, data transmission services, and emerging electronic commerce technologies.
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NOTE: Subject to Cooperative Purchasing U_
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Special Item No. 54151 S: Information Technology Professional Services
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IT Professional Services and/or labor categories for database planning and design; systems analysis,
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integration, and design; programming, conversion and implementation support; network services,
data/records management,and testing. 0
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NOTE: Subject to Cooperative Purchasing
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Commercial Job Title: Consulting Engineer
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Minimum/General Experience: Has approximately 5 years of experience.Possesses understanding
covering the planning,research,development,design,testing, evaluation,production,analysis, 3
and implementation of information systems,programs and equipment.Provides technical a
assistance to others working on requirements,definition,system requirements analysis,system level
design and integration,operations support planning and/or the coordination of the preparation of Q'
system development specifications and specialty engineering plans.May be skilled in systems
engineering, electrical engineering or industrial engineering activities.
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Functional Responsibility: Working under close supervision, person provides technical or scientific
and project support for multiple large-scale projects that cross-cut multiple specialization and product
development areas.Applies advanced business and/or technical expertise to assist others with m
defining, analyzing,validating and documenting complex customer operating environments,states
of technology and current engineering processes.Provides advanced technical support to others
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involved in applying specialized knowledge to complex customer processes and requirements. 0)
Supports complex technical investigations through advanced research techniques,analysis or
development phases of engineering projects.Works with other engineering disciplines in the d
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development and application of processes to improve quality,reliability, cost customer appeal,and
satisfaction. `m
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Minimum Education: B.A. or B.S. in Computer Science,Engineering, Mathematics,Economics or 0
Business. 70
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Commercial Job Title: Information Architect Li
Minimum/General Experience: Has approximately 2 years of experience with skills covering the
planning, research,development,design,testing, evaluation,production,analysis,and implementation of
multi-tier network configurations for web enabled applications.Possesses a clear understanding of the c
interrelationships of firewalls,network devices,and servers and clear knowledge of a specific web enabling
technology(i.e.Microsoft or Netscape servers).Possesses experience with database and/or email
integration,Internet network design(DMZ,routers,switching)and system administration practices. c
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Functional Responsibility:Designs Intranet/Intemet/Extranet architectures and develops implementations L
plans;administration activity;i.e.,hardware,security,firewalls.Implements security architecture using 0
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LDAP, SSL and firewalls.Installs,configures and maintains all Intranet/Intemet/Extranet tools,databases
and features;provides support to e-commerce and other systems.Implements server design,development, 0
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and operation as well as analyze and develop requirements for hardware sizing/capacity,data validation, M
security and integration points to other applications. LL
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Minimum Education:B.S.in Engineering,Mathematics,Computer Science,Operations Research,or00
applied science. Q
Commercial Job Title: Project Manager
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Minimum/General Experience: Has approximately 2 years of experience within information system
project-oriented environments.Leads planning,scheduling,monitoring, and reporting activities for u_
projects.Facilitates needs assessment and development of recommended project control solutions to be 00
used for planning, scheduling and tracking of each project though integration of various project Q
management tools. Develops project controls and reporting procedures. Assists in the training of the
project team on application of the procedures.Analyzes project progress/costs and Cn
assists with development and evaluation of alternatives when the project falls behind schedule or exceeds
budget.Develops and delivers presentations to customer management.Integrates specific industry U
methodologies to appropriate project management solutions.
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Functional Responsibility:Possesses a thorough understanding of the process requirements and provide b o V
t h technical and management oversight of the project.Responsible for customer satisfaction, serves as the
single point of contact,compliance with the Statement of Work,project planning and management,
resource allocation,and reporting.
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Minimum Education:B.S.in Engineering,Mathematics,Computer Science,Operations Research,or E
applied science. Q
Commercial Job Title: Senior Consulting Engineer a
Minimum/General Experience: Has approximately 10 years of experience.Possesses
understanding covering the planning,research,development,design,testing,evaluation, g
production,analysis,and implementation of information systems,programs and equipment. <
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Provides technical assistance to others working on requirements,defmition,system requirements
analysis,system level design and integration,operations support planning and/or the coordination of
the preparation of system development specifications and specialty engineering plans.May be
skilled in systems engineering,electrical engineering or industrial engineering activities. t
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Functional Responsibility: Provides supervision,person provides technical or scientific and project
support for multiple large-scale projects that cross-cut multiple specialization and product y
development areas.Applies advanced business and/or technical expertise to assist others with i
defining,analyzing,validating and documenting. complex customer operating environments,states of
technology and current engineering processes.Provides advanced technical support to others involved d
in applying specialized knowledge to complex customer processes and requirements. Supports 70
complex technical investigations through advanced research techniques,analysis or development phases of `m
engineering projects.Works with other engineering disciplines in the development and application of
processes to improve quality,reliability,cost customer appeal,and satisfaction. u_
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Minimum Education:B.S. in Engineering,Mathematics,Computer Science,Operations Research,or o
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applied science.
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Commercial Job Title: Senior Consulting Engineer
Minimum/General Experience: Has approximately 10 years of experience.Possesses c
understanding covering the planning,research,development,design,testing,evaluation,
production,analysis,and implementation of information systems,programs and equipment.
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Provides technical assistance to others working on requirements,definition,system requirements U
analysis,system level design and integration,operations support planning and/or the coordination of
the preparation of system development specifications and specialty engineering plans.May be 0000
skilled in systems engineering,electrical engineering or industrial engineering activities.
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Functional Responsibility:Provides supervision,person provides technical or scientific and project c
support for multiple large-scale projects that cross-cut multiple specialization and product
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development areas.Applies advanced business and/or technical expertise to assist others with Q
defining,analyzing,validating and documenting. complex customer operating environments,states of ?�
technology and current engineering processes.Provides advanced technical support to others involved
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application of processes to improve quality,reliability,cost customer appeal,and satisfaction.
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Minimum Education:B.S.in Engineering,Mathematics,Computer Science,Operations Research,or Cn
applied science.
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Commercial Job Title: Senior Information Architect
Minimum/General Experience: Has approximately 7 years of experience with skills covering the 0
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planning,research,development,design,testing,evaluation,production,analysis,and implementation of m
multi-tier network configurations for web enabled applications.Possesses a clear understanding of the S
13
interrelationships of firewalls,network devices,and servers and clear knowledge of a specific web enabling
technology(i.e.Microsoft or Netscape servers).Possesses experience with database and/or email
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integration,Internet network design(DMZ,routers,switching)and system administration practices. 13
Functional Responsibility:Provides supervision,person designs Intranet/Intemet/Extranet architectures and 3
develops implementations plans;administration activity;i.e.,hardware,security,firewalls.Implements Q
security architecture using LDAP,SSL and firewalls.Installs,configures and maintains all m
Intranet/Intemet/Extranet tools,databases and features;provides support to e-commerce and other systems. 0-
Implements server design,development,and operation as well as analyze and develop requirements for
hardware sizing/capacity,data validation,security and integration points to other applications. 2
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Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied
science
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Commercial Job Title: Senior Project Manager
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Minimum/General Experience: Has approximately 7 years' experience within information system 0)
project-oriented environments.Leads planning,scheduling,monitoring,and reporting activities for
projects.Facilitates needs assessment and development of recommended project control solutions to d
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be used for planning,scheduling and tracking of each project though integration of various project
management tools. Develops project controls and reporting procedures.Assists in the training of the `m
project team on application of the procedures.Analyzes project progress/costs and assists with d
development and evaluation of alternatives when the project falls behind schedule or exceeds 0
budget.Develops and delivers presentations to customer management.Integrates specific industry
methodologies to appropriate project management solutions.
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Functional Responsibility:Provides supervision,person possesses a thorough understanding of the 0
process requirements and provide both technical and management oversight of the project. 0
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Responsible for customer satisfaction,serves as the single point of contact,compliance with the
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Statement of Work,project planning and management,resource allocation,and reporting.
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Minimum Education:B.S. in Engineering,Mathematics,Computer Science,Operations Research,or c
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Labor Category August 2022 August 2023 August 2024 August 2025 August 2026 August 2027 c
August 2023 August 2024 August 2025 August 2026 August 2027 Au ust 2028 0
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YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10
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Consultant Engineer 222.68 229.27 236.06 236.06 236.06 236.06 00
0
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Information Architect 217.64 224.08 230.71 230.71 230.71 230.71
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Project Manager 217.64 224.08 230.71 230.71 230.71 230.71 Q
263.30 271.10 271.10Senior ConsultingEngineer 255.74
Senior Information
Architect 278.49 286.73 295.21 295.21 295.21 295.21
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Senior Project Manager 272.76 280.83 289.14 289.14 289.14 289.14 00
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Special Item No. 561422: Automated Contact Center Solutions (ACCS)
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ACCS is defined as any combination of products,equipment,software and/or services that are required to Cn
establish and maintain contact center capabilities managed by the contractor for an agency.These include
a wide range of automated and attended managed solutions that allow agencies to respond to inquiries
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from the public. Permissible offerings under this SIN may include any technologies or services required U
to deliver and support ACCS to agencies, including but not limited to: • Technology: Automated services 2-
to include but not limited to Artificial Intelligence (AI), Chat Bots, Robotic Process Automation,
Interactive Voice Response(IVR), Voice/Speech Recognition, Text-to-Speech, Voicemail, Callback,Web u_
Callback,Email Delivery, Hosted Online Ordering, Hosted Email Web Form,Hosted FAQ Service, etc.
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Special Item No. 611420: Information Technology Training
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Includes training on hardware,software, cloud, and
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other applicable systems.NOTE: Subject to 0
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FSC/PSC Class U012 EDUCATION/TRAINING-
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Training Courses for Information Technology Equipment and Software
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Special Item No. 811212: Maintenance of Equipment, Repair Services and/or Repair/Spare
Parts a
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Commercial Information Technology Equipment, Radio/Telephone Equipment
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FSC/PSC Class J058 — Maintenance and Repair of Communication Equipment 3
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INFORMATION TECHNOLOGY CATEGORY HARDWARE SUBCATEGORY
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SIN 811212 Hardware Maintenance Order Terms Cn
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1) Service Areas c
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a) The maintenance and/or repair service rates per the contract are applicable to any ordering
activity locations within a_(**insert miles) mile radius of the Contractor/Original Equipment 70
Manufacturer(OEM) service points.. If any additional charge is to apply because of the greater
distance from the Contractor/OEM service locations, the mileage rate or other distance factor LL
shall be negotiated at the Task Order level. 0
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site,the repair services will be performed at the Contractor's plant(s)listed below:
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When the Contractor moves equipment to its/OEM location for repairs, the Contractor shall be
responsible for any damage or loss,from the time the equipment is removed from the ordering activity U_
installation, until the equipment is returned to such installation. Q
3) Scope Q
a) The Contractor shall provide maintenance for all equipment listed herein,as requested by the ordering Cn
activity during the contract term.Repair service and repair parts/spare parts shall apply exclusively to
the equipment types/models within the scope of the Information Technology Category.
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b) Equipment placed under maintenance service shall be in good operating condition. 0
i. In order to determine that the equipment is in good operating condition, the equipment shall be m
subject to inspection by the Contractor,without charge to the ordering activity.
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ii. Costs of any repairs performed for the purpose of placing the equipment in good operating
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condition shall be borne by the Contractor,if the equipment was under the Contractor/OEM Cn
guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance 13
order. 3
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iii. If the equipment was not under the Contractor/OEM responsibility, the costs necessary to place
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the equipment in proper operating condition are to be borne by the ordering activity, in
accordance with the provisions of the contract.
4) Responsibilities Cn
a) For equipment not covered by a maintenance contract or warranty,repair service personnel shall
complete repairs as soon as possible after notification by the ordering activity that service is required. m
Within the service areas,this repair service should normally be done within 4 hours after notification. E
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b) If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel
then the Contractor is obligated to provide such a factory authorized/certified service personnel for the
equipment to be repaired or serviced,unless otherwise agreed to in advance between the Ordering
Activity and the Contractor.
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5) Maintenance Rate Provisions 0
a) The Contractor shall bear all costs of maintenance,including labor, parts, and such other expenses i
as are necessary to keep the equipment in good operating condition, provided that the required -00
repairs are not occasioned by fault or negligence of the ordering activity. �i
i. Regular Hours: The basic monthly rate for each make and model of equipment 0
shall entitle the ordering activity to maintenance service during a mutually agreed °c
upon nine (9) hour principal period of maintenance,Monday through Friday,
exclusive of holidays observed at the ordering activity location.
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ii. After Hours: Should the ordering activity require that maintenance be performed
outside of regular hours, charges for such maintenance,if any,will be specified in
the GSA Price List (I-FSS-600 CONTRACT PRICE LISTS (OCT 2016). c�
Periods of less than one hour will be prorated to the nearest quarter hour.
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iii. Travel and Transportation: If any charge is to apply,over and above the regular
maintenance rates,due to the distance between the ordering activity location and 00
the Contractor/OEM's service area, the charge will be negotiated at the Task Order 0
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Indicate if there will be an additional charge for
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 39 Q
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INFORMATION TECHNOLOGY CATEGORY HARDWARE SUBCATEGORY
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SIN 811212 Hardware Repair Service Order Terms Cn
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1) Service Areas
a) The maintenance and/or repair service rates per the contract are applicable to any ordering 0
activity locations within a_(**insert miles) mile radius of the Contractor/Original Equipment i
Manufacturer(OEM) service points.. If any additional charge is to apply because of the greater -0a
distance from the Contractor/OEM service locations, the mileage rate or other distance factor Li
shall be negotiated at the Task Order level. >,
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b) When maintenance and/or repair services cannot be performed at the ordering activity 0
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installation site, the repair services will be performed at the Contractor's plant(s) listed 0
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installation, until the equipment is returned to such installation. N
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3) Scope
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a) The Contractor shall provide maintenance for all equipment listed herein, as requested by the
ordering activity during the contract term.Repair service and repair parts/spare parts shall
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apply exclusively to the equipment types/models within the scope of the Information
Technology Category. �j
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b) Equipment placed under maintenance and/or service shall be in good operating condition.
i) In order to determine that the equipment is in good operating condition, the
equipment shall be subject to inspection by the Contractor,without charge to Cn
the ordering activity. 3
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ii) Costs of any repairs performed for the purpose of placing the equipment in good
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operating condition shall be borne by the Contractor,if the equipment was under
the Contractor/OEM guarantee/warranty or maintenance responsibility prior to
the effective date of the maintenance order. Q
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iii) If the equipment was not under the Contractor/OEM responsibility, the costs
necessary to place the equipment in proper operating condition are to be borne by E
the ordering activity, in accordance with the provisions of the contract. 0
Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 40 Q
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4) Responsibilities
a) For equipment not covered by a maintenance contract or warranty,repair service personnel Cn
shall complete repairs as soon as possible after notification by the ordering activity that i
service is required. Within the service areas,this repair service should normally be done
within 4 hours after notification. (�
b) If the Ordering Activity task or delivery order specifies a factory authorized/certified service m
personnel then the Contractor is obligated to provide such a factory authorized/certified
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service personnel for the equipment to be repaired or serviced,unless otherwise agreed to in
advance between the Ordering Activity and the Contractor. o
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5) Repair Service Rate Provisions 0
a) Charges for repair service will include the labor charge, computed at the rates set forth H
below, for the time during which repairmen are actually engaged in work, and,when o
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applicable, the charge for travel or transportation.
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b) Multiple Machines: When repairs are ordered by the ordering activity on two or more V
machines located in one or more buildings within walking distance of each other, the 0
charges will be computed from the time the repairman commences work on the first
machine,until the work is completed on the last machine.The time required to go from one LL
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machine to another,or from one building to another,will be considered actual work c
performance,and chargeable to the ordering activity,provided the time consumed in going 00
between machines(or buildings) is reasonable.
c) At the Contractor/OEM's Facility CY
i) When equipment is returned to the Contractor/OEM's Facility for adjustments or repairs 1*
which are not covered by the guarantee/warranty provision, the cost of transportation, 00
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packing, etc.from the ordering activity location to the Contractor's plant, and return to
the ordering activity location, shall be borne by the ordering activity. Cn
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ii) The ordering activity should not return defective equipment to the Contractor/OEM for
adjustments and repairs or replacement without prior consultation and instruction. U
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d) At the Ordering Activity Location(Within Established Service Areas) V
i) When equipment is repaired at the ordering activity location,and repair service
rates are established for service areas or zones, the listed rates are applicable to any
ordering activity location within such service areas or zones.
No extra charge, time, or expense will be allowed for travel or transportation of Cn
repairmen or machines to or from the ordering activity office; such overhead is
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included in the repair service rates. Q
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e) At the Ordering Activity Location(Outside Established Service Areas) Q-
i) If repairs are to be made at the ordering activity location,and the location is outside
the service area terms defined in the GSA Price list. Rates negotiated at the task order Q
will apply. Cn
ii) When the overall travel charge computed at the above mileage rate is unreasonable
(considering the time required for travel, actual and necessary transportation costs,and
the allowable ordering activity per diem rate for each night the repairman is required
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to remain overnight at the ordering activity location), the ordering activity shall have
the option of reimbursing the Contractor for actual costs,provided that the actual costs
are reasonable and allowable. The Contractor shall furnish the ordering activity with in
a report of travel performed and related expenses incurred. The report shall include
departure and arrival dates, times, and the applicable mode of travel. d
f) Labor Rates i
i) Regular Hours: Contract rates shall entitle the ordering activity to repair service -°'a
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during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of u_
holidays observed at the ordering activity location. There shall be no additional o
charge for repair service, which was requested during regular hours, but performed o
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at the convenience of the Contractor outside the regular hours.
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ii) After Hours: Should the ordering activity require that service be performed outside c
of regular hours, charges for such service, if any,will be specified in the GSA Price
List (I-FSS-600 CONTRACT PRICE LISTS (OCT 2016).Periods of less than one
hour will be prorated to the nearest quarter hour. V
iii) Sundays and Holidays:When the ordering activity requires that repair service be 0
performed on Sundays and Holidays observed at the ordering activity location, the
Sundays and Holidays repair service rates shall apply,and will be specified in the u_
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GSA Price List (1-FSS-600 CONTRACT PRICE LISTS (OCT 2016). Periods of less c
than one hour will be prorated to the nearest quarter hour. 00
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Repair Service Rates
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Minimum Charge* - Hourly Rate-After Hourly Rate-Sunday and
Regular Hours Hours Holidays u_
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Contractor/OEM Facility Q
Ordering Activity Location Q
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*MINIMUM CHARGES INCLUDE FULL _HOURS ON THE JOB
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4) Repair Parts/Spare Parts Rate Provision 3
a) All parts, furnished as spares or as repair parts in connection with the repair of equipment, Q
unless otherwise indicated in the GSA Price list shall be new, standard parts manufactured by a
the OEM.
b) All parts shall be furnished at the prices indicated in the Contractor's commercial pricelist dated
,ata Q
Discount of ----%from such listed prices. Cn
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Special Item No. 333429: 3D Printing Solutions and Additive Manufacturing Solutions
333249 Includes printers;ancillary equipment,technical services and supplies required to generate y
functional prototype images and printed objects.Equipment may include all classes and sizes of 3D
Printers,laser imaging devices,post processing devices and ancillary accessories and software to produce
functional items.Technical services include but are not limited to: 3D Printing and laser imaging to
produce a digital file used to generate functional prototype images and printed objects.All types of
consumables and other items related to this SIN are included.
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Special Item No. 518210ERM: Electronic Records Management c
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518210ERM Electronic Records Management Solutions provide a comprehensive capability to solve the z
complex challenges posed by the movement,manipulation,archiving,security,and management of
electronic records.The vendor provides professional management and administrative support personnel
with the necessary skills to perform effective record management services for both classified and/or c
unclassified records.The services are provided using either Government or vendor equipment and facilities
or a combination of both.The objective of electronic records management services is to permit the access,
maintenance,control,storage,disposition,and transfer of electronic records.Includes any ancillary supplies U
and/or services necessary to provide a total electronic records management solution.
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 43 Q
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Vendor Certification for SIN 518210ERM U
For the pure❑ses of the Schedule 36 Solicitation (3 FN J-C 1-00000 1-B), eleven (11) specific y
elements of Electronic Records Managerent (ERMI Services have been identified- These 1 1 U)
elements are fully defined and the corresponding requirements are identified in the Universal L
Electronic Records Management Requirements attachment to the solicitation- These requirements �
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have been established and are administered by the National Archives & Records Administration �
(NARA)_
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Vendors may provide any c❑mbination of the 11 elements of E R M Services; however, vend❑rs -0a
must certify that they are capable of meeting all standards associated with the elements they (1)
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propose by completing this certification. Vendors should include a completed copy of this >%
certification in their published GSA cataloin to illustrate their ERM capabilities. 0
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Carahsoft Technology Corp. 1360
Michael Faraday Drive Suite 100
Reston, VA 20190 �
Proposed Elements of Electronic Records Monailement Services: 0
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[Select all that apply]
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❑Element 1 - Desktop Applica#ions V
MElement 2 - Electronic Messages M
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❑Element 4 - Cloud Services
[--]Element 5 - Websites LL
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I2JElement 6 - Digital Media (Photo) c
®Element 7 - Digital Media (Audio)
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0Element S - Digital Media (Video) Q
❑Element 9 - Databases
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0Element 11 - Engineering Drawings
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Carahsoft Technology Corp. hereby certifies that we are capable of meeting all standards 00
described in Solicitation -3 FNJ-C 1-00000 1-B and the Universal E.lectr❑nic Rec❑rds Management
Requirements attachment for each of the sections ❑ E R M Services we have proposed, as
indicated above. Q
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Vendor Certification for SIN 493110RM - W
493110RM Includes capabilities to manage the movement,manipulation,archiving, security,and c
management of physical records,including any ancillary supplies and/or services necessary to provide a total �
physical records management solution.
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Vendor Certification for SIN 3361E - 'L
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3361E Includes electric and autonomous vehicles and accessories. c
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ATTACHMENT I - AUTHORIZED PARTICIPATING DEALERS
Carahsoft certifies that all dealers participating in the performance of this contract have agreed that their o
performance will be in accordance with all terms and conditions of this GSA Schedule.
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For the complete listing of authorized participating dealers please see: V
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https://www.carahsoft.com/bu /gsa-schedule-contracts/gsa-multiple- 0
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award-schedule-contract/authorized-dealers U-
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ATTACHMENT II - Contractor Team Arrangements 00
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Schedule Contractors participating in a Contractor Team Arrangement must abide by all terms and conditions of their
respective contracts.This includes compliance with Clause 552.238-74,Industrial Funding Fee and Sales Reporting, CY
i.e.,each contractor(team member)must report sales and remit the IFF for all products and services provided under its
individual contract. LL
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For the complete listing of Contractor Team Arrangements,please contact Carahsoft for details.
For the complete list of Commercial Supplier Agreements vetted and approved by GSA for inclusion into the GSA W
Schedule Contract,please see: https://www.carahsoft.com/bu/gsamschedule-contracts/approved-csas
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ATTACHMENT IV A - U.S. Government Adobe FITARA Addendum c
Introduction m
This Federal Supply Schedule Addendum supplements GSA Federal Supply Schedule Contract Number GS-35F-
m
0119Y between Carahsoft Technology Corporation and the General Services Administration.
The Adobe Category Management Offering addresses current OMB Memorandum's(M-16-04,M-16-12), 13
Circular A-130,OFPP and,GSA Federal Cyber,electronic government and Category Management policy 3
requirements. Q
The Adobe Data Centric Security and Electronic Signature Solutions provide the best-in-class technology to the federal a
government.Providing a streamlined avenue for agencies to acquire Adobe technology through category management
will improve the acquisition and management of the proposed solutions. g
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Adobe enterprise digital rights Category management
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The Adobe Enterprise Digital Rights Management Bundle provides a DRM solution to documents allowing 0)
only people with specific credentials the ability to apply persistent protection to sensitive documents and
information. With this level of dynamic protection you can revoke and change permissions within a document d
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regardless of document location and you can protect against potential fraudulent activity. In addition, you can 0
perform certificate based digital signatures on PDF documents when used with Acrobat*. `m
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Discount Discount Discount
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Level Level Level
SKU Description List Price GSA Price >$5M >$15M >$20M Li
Annual Annual Annual
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Spend* Spend* Spend* C
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Adobe Enterprise Digital Rights
210T-1423- Management Bundle 12 Months TERM $405,600.00 $367,623.29 8% 15% 30%
DRMl Tier 1:Up to 1,000 Users $
Adobe Enterprise Digital Rights w
210T-1423- Management Bundle 12 Months TERM $625,600.00 $567,023.29 8% 15% 30% L
DRM2 Tier 2:Up to 5,000 Users V
Adobe Enterprise Digital Rights o 0 0 0
210T-1423- $1,251,200.00$1,134,046.58 8/0 15/0 30% 0
DRM3 Management Bundle 12 Months TERM
Tier 3:Up to 10,000 Users u_
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Adobe Enterprise Digital Rights
210T-1423- g $2,777,400.00$2,517,343.16 8% 15% 30%
DRM4 Management Bundle 12 Months TERM00
Tier 4: Up to 25,000 Users
Adobe Enterprise Digital Rights o 0 o CY
210T-1423- Management Bundle 12 Months TERM $5,554,800.00$5,034,686.32 8% 15/0 30/o
DRMS
Tier 5: Up to 50,000 Users a0o
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Adobe Consulting Services are required with the purchase of each bundle listed above. The recommended number
of hours per bundle are listed below. Q
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• 210T-1423-DRM1—Up to 165 Hours
• 210T-1423-DRM2—Up to 330 Hours i
• 210T-1423-DRM3—Up to 330 Hours c
• 210T-1423-DRM4—Up to 490 Hours t�
• 210T-1423-DRM5—Up to 670 Hours
Please note:the hours listed above are estimates. Each agency may require more or less hours depending on
project scope. All service items are available to the government at the GSA Schedule Price.
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*Discount Level Detail 13
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Aggregate discounts are calculated on a per agency basis.Agencies are eligible for additional discounts based on the 3
following; Q
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• Level 1 Discount Level is reached when parent agency reaches annual spend of$5,000,000.00 Q-
• Level 2 Discount Level is reached when parent agency reaches annual spend of$15,000,000.00
• Level 3 Discount Level is reached when parent agency reaches annual spend of$20,000,000.00 Q
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Annual spend is calculated based on the total aggregate purchases made by any combination of sub agencies that fall
underneath a parent agency in a 12 month period. The 12 month Period, or annual spend,is calculated based on the
Adobe Fiscal Year which begins on December 1 St. A full listing of eligible parent and sub agencies can be found on E
OPM.gov located HERE.
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In addition to the bundle pricing and discounts offered in the chart above, Carahsoft would like to offer the
government additional discounts for all Adobe Experience Manager and Analytics software available on the GSA d
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Schedule. Upon the purchase of any bundle listed above the ordering agency will receive 7% off any additional**
Adobe Term licenses. The initial period of performance for all eligible Adobe Term Licenses purchased will be 12 `m
months. In the event an ordering organization should require a custom or pro-rated period of performance, we will d
work with the agency on a per opportunity basis. The additional 7%discount for add on licenses will be offered so 0
long as ordering agency has an active DRM Bundle Term License.
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We are dedicated to providing the Enterprise Digital Rights Management solution to all federal agencies regardless of
agency size. The Adobe team welcomes the opportunity to support any ordering organization that may require less than
1,000 users and custom configurations may be discussed on a per opportunity basis. o
Discounts cannot be combined with discounts offered on existing BPA's or contracts that an agency may have in place with
Carahsoft or an authorized Adobe/Carahsoft reseller.
*Bundle requires supported version of Acrobat to be installed
**Additional discounts limited to Adobe Experience Manager and Analytics Software only, excludes services and $
training. w
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Adobe Digital Rights Management Bundle-Breakout
U
1,000 5,000 10,000 25,000 50,000
User User User User User o
0
Product
s s s s s
Description Qty Qty Qty Qty Qty 00
0
Adobe Experience Manager Forms 6.2—On Premise Term-Per 2 2 4 8 16
Core- 12 Months 0
Adobe Experience Manager Document Security 6.2—On Premise
1,000 5,00 10,00 25,00 50,00
Term Minimum 1000 Recipients-Per Recipient- 12 Months 0 0 0 0 CJ
Adobe Insight Client License Per Named User(12 Month Term 1 1 2 4 8 1*
License) u_
0
Adobe Insight Reporting License -Per Server Add On(Min. 1 1 2 4 8 Q
Insight Purchase Required)(12 Month Term License)
Adobe Insight Data Transformation Functionality-License-Per 1 1 2 4 8 Cn
Server(12 Month Term License)
Adobe Insight Sensor License-Per Web Server(Min.Insight 1 1 2 4 8
Purchase Required)(12 Month Term License) o
Adobe File Server Unit(FSU)License-Per Server(12 Month
1 1 2 4 8
Term License)
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Adobe Data Processing Unit(DPU)License-Per Server(Up To 1 1 2 4 8
500 Gb)(12 Month Term License)
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 47 Q
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Solution 2 Adobe Electronic Signatures category management U
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Adobe Sign i
Adobe Sign is licensed in two ways: by signature transaction and by seat. The discounts below apply to either licensing model.
Pricing for the following Adobe Sign products purchased shall be in accordance with the established GSA price list/rate less d
the applicable guaranteed minimum discount percentages specified in the table below. Current GSA SKU's and licensing
models for Sign eligible for discounts listed below are; `0
Licensing Model: Per SeatlUser Li
SKU Description List GSA 0
Price Price 0
O
C
Adobe Document Cloud for Enterprise-Premium eSign Services P2-Per Seat-
210-7041 ES $540.00 $527.76 v
Purchase Min 5 Seats Req(300 Transactions per Seat Included)-12 Months H
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Licensing Model: Per Transaction
ca
SKU Description List GSA V
Price Price
M
0
0
210-7041-T Adobe Document Cloud for Enterprise-Premium eSign Services P2-Per Transaction
1-300 Transaction Purchase Req (Existing eSign Account Required)—12 Months 540.00 $527.76 LL
0
0
0
0
Discounts are offered on a per total order basis as outlined in the table below: Q
Discount from
Tier Order Transaction Amount GSA CJ
ti
Tier 1 $25,000.00-$75,000.00 2% LL
0
Tier 2 $75,000.01 -$125,000.00 4% Q
Tier 3 $125,000.01 -$200,000.00 6%
Q
Tier 4 $200,000.01 -$500,000.00 8%
Tier 5 $500,000.01 + 10% i
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*Discounts are not cumulative. V
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Discounts cannot be combined with discounts offered on existing BPA's or contracts that an agency may have in place W
with 'a
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Carahsoft or an authorized Adobe/Carahsoft reseller. 3
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ATTACHMENT IV B - U.S. Government Nutanix FITARA Addendum W
a�
Introduction
This Federal Supply Schedule Addendum supplements GSA Federal Supply Schedule Contract Number GS-35F-0119Y in
between Carahsoft Technology Corporation and the General Services Administration. i
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The Nutanix Hybrid Cloud Infrastructure Category Management Offering addresses requirements of the Data Center
d
Optimization Initiative (DCOI)established in OMB Memorandum M-16-19 and fulfills the data center requirements of the C9
Federal Information Technology Acquisition Reform(FITARA). i
m
Federal customers to date have selected configurations of Nutanix software,hardware and maintenance across 42
different configurations and 1,000s of individual part numbers.Our goal here is to offer incentives in the form of solutions LL
of the Nutanix software,hardware and maintenance bought 90%of the time with full capabilities to build a hybrid cloud o
infrastructure.We also considered which of these configurations purchased line up consistently with what type of c
deployment,labeling each solution as such.
z
Incentives:
H
To enable agencies to quickly stand up Hybrid Cloud Infrastructure and incent them to leverage lessons learned from other c
agencies that have built Shared Services with Nutanix.Carahsoft and Nutanix are offering four types of Hybrid Cloud
Infrastructure solutions and are described in detail with corresponding incentives offers for each:
■ Hybrid Cloud Infrastructure Pilot/Micro Agency Solution (Solution 1) V
■ Hybrid Cloud Infrastructure Base Solutions (Solutions 2-4) 00
c
■ Hybrid Cloud Infrastructure Scale out Solutions (Solutions 5-8) M
■ Hybrid Cloud Software Defined Datacenter Solutions (Solutions 9-10) LL
0
0
• • Hybrid Cloud Infrastructure Pilot/Micro Agency Solution o
0
Description: Hybrid Cloud Infrastructure Pilot/Micro Agency Solution Q
Ideal agency investment to prove out Hybrid Cloud infrastructure, train administrators & have an entry point at y
minimum cost for pilots or micro agencies. Quantity one would be offered per agency/micro agency. Nutanix would CY
also provide specific to workloads: test plans, summary of expected outcomes, federal customer references and a
LL
total cost of ownership economic study. 000
1. Solution 1: Hybrid Cloud Infrastructure Base Solution -Nutanix Initial Pilot/Micro Agency
Q
Cn
SKU DESCRIPTION LIST GSA Offer
PRICE PRICE Price
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Solution 1:Hybrid Cloud Infrastructure Base p
422-HC-PLT-SLN Solution-Nutanix Initial Pilot/Micro Agency $164,960.62 $153,460.85 $81,242.66 V
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• • Hybrid Cloud Infrastructure Base Solutions
3
Q
Description: Hybrid Cloud Infrastructure Base Solutions m
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Hybrid Cloud Infrastructure Base Solutions with full Nutanix Hybrid Cloud Infrastructure capabilities 75%
configured with descriptions that align with initial deployment strategy. Nutanix will offer this cumulative per year g
volume incentive per agency, starting over annually. Carahsoft will track and report on agency by agency Q
consumption. Nutanix would be Cn
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 49 Q
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carahsoft,
interested in advice to incent government Shared Service centers. m
U
2. Solution 2: Hybrid Cloud Infrastructure base Solution -Nutanix Enterprise Block ?,
3. Solution 3: Hybrid Cloud Infrastructure base Solution -Nutanix Branch Office Block i4)
4. Solution 4: Hybrid Cloud Infrastructure base Solution -Nutanix High Performance Flash Block n
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i SKEI Description ; Listgrice GSf4l'6ae i oiscaud Uisaorrnt l]Fsaautrt � �iscou�l ; 4�scaurt niseou�tlt 17fsaauM
Leven Level 2 Level 3 Level 4 Lem 5 Ltwel 6 Level 7
Solution 2= O
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Hyoid Cloud d
422-HG nGashacture
Base
B-ENT- Sdulion- $M.205.74 $200.635.52 $204,379.78 $2 .437.05 $M.559.39 $199,681.14 $186,033.36 S 1;'_:": $181.8K.72 LL
SLN Nutanix
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Hyoid Cloud
422-HG InkashvchireB- Base
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BRANCH- c Via- 596.240.00 $80.630-5b $80.M312 $80,47$.63 $85.71TM S84.943.67 $78.125.57 $T7.357.N :-v=-- -t F-
SLN NUMFkk
Branch O
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Salutian AL
Rypid C W L
422� inhashuwhre V
FLASF� �.3n- $M.995M $U7.082.52 $473.062.07 $470.727.78 #4M.057.99 $484,388.20 $444,803.14 S'S9 'S
SLM Nutx&High M
Pedor mnae O
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Flash Block M
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Discount Level Detail
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Aggregate discounts are calculated on a per agency basis.Agencies are eligible for additional discounts based on the following;
CJ
■ Level 1 Discount Level is reached when parent agency purchases 1 solution each year 1*
■ Level 2 Discount Level is reached when parent agency purchases 2-5 total solutions each year 00
■ Level 3 Discount Level is reached when parent agency purchases 6-10 total solutions each year Q
■ Level 4 Discount Level is reached when parent agency purchases 11-20 total solutions each year
■ Level 5 Discount Level is reached when parent agency purchases 21-40 total solutions each year
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■ Level 6 Discount Level is reached when parent agency purchases 41-99 total solutions each year (7
■ Level 7 Discount Level is reached when parent agency purchases 100+ total solutions each year
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See Workload Sizing Guide matrix below for the Solution number applied to enterprise workloads that are linear c
scalable. Therefore, multiples of sizing metrics can be matched to agency requirements per workload type to V
calculate ROMs.All sizing must be validated by Nutanix SEs,so workload mix on a single Nutanix Hybrid cloud 2
infrastructure is considered.
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• • Hybrid Cloud Infrastructure Scale out Solutions
3
Q
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Description: Hybrid Cloud Infrastructure Scale out Solutions Q-
Hybrid Cloud Infrastructure Scale out Solutions with full Nutanix hybrid cloud infrastructure capabilities 100%
configured with descriptions that align with scale out deployment strategy. Nutanix will offer this cumulative per Q
year volume incentive per agency, starting over annually. Carahsoft will track and report on agency by agency Cn
consumption. Nutanix would be interested in advice to incent government Shared Service centers.
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 50 Q
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5. Solution 5: Hybrid Cloud Infrastructure Scale out Solution -Nutanix Cold Storage Block M
6. Solution 6: Hybrid Cloud Infrastructure Scale out Solution -Nutanix Enterprise Block M
7. Solution 7: Hybrid Cloud Infrastructure Scale out Solution -Nutanix Branch Office Block
8. Solution 8: Hybrid Cloud Infrastructure Scale out Solution -Nutanix High Performance Flash Block i4)
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SKIT Description List Price GSli Price ffiseaurt ❑iseaunt DmmLff t O saount Dtsmwd 1 Disaou t MMMUFFt C
Level 1 Level 2 Level 3 Level 4 Lem 5 1 Level 6 Level 7 4)
422-1C- Salu6on 5
SCW_ Hybrid Cloud 70
STOR- InBaSvuchre L
SLN Scek-Out
Solon_ S91,d10.54 585,}44.56 382,506.68 582,'30 40 581,391.82 >i80,64724 #7#,803011 174,06203 172,L+4&_1-0
Nut mk Cok1 LL
Storage >%
Bh)ck al
4224-IC- Satutian5 O
SO-EW- HOM Cloud O
SLN InfraSnCtuna C
Scale-Out M
Sombn- $314.951.08 $M.959.54 $2M.210.40 $282.890.7E $M.251.48 $2T7.012.20 $M(112.75 $257,073.47 $254.014.55 C�
Nutanix
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Ent?rphse
Bk)ck $
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422-HC- Solution 7 M
SCL 1-lyW Cloud t
BRANCH- 1rhash tature i
SLN SCaIE-OnM $191.651.24 $f7g.323.29 $17 .M.82 $172.191.93 $170,579.16 $16 .M.3B $158.9$1.90 = 366.13 $164,942.48SoMm V
Nutanie
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Orrice Block
422-HG- Solu6nn3 00
SCE Hybdid Cloud
FLASH- lnl135hW6r7a
SLN Scak-Out LL
Sokilmn- $1.002.953.8D $943.507.02 $Q05,495.87 $800,9@0.7d $W1,89O.56 $A$2,829.35 $M174.52 $847,1;-L.?' =__2499.CC 00
Numffix High O
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Discount Level Detail
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Aggregate discounts are calculated on a per agency basis.Agencies are eligible for additional discounts based on the following; 1*
LL
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■ Level 1 Discount Level is reached when parent agency purchases 1 solution each year Q
■ Level 2 Discount Level is reached when parent agency purchases 2-5 total solutions each year
■ Level 3 Discount Level is reached when parent agency purchases 6-10 total solutions each year a
Cn
■ Level 4 Discount Level is reached when parent agency purchases 11-20 total solutions each year
■ Level 5 Discount Level is reached when parent agency purchases 21-40 total solutions each year
■ Level 6 Discount Level is reached when parent agency purchases 41-99 total solutions each year W
■ Level 7 Discount Level is reached when parent agency purchases 100+ total solutions each year p
V
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SOLUTIONS 9-10 Hybrid Cloud Software Defined Datacenter Solutions
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Description: Hybrid Cloud Software defined datacenter M
Hybrid Cloud Software defined datacenter and Tactical platforms with Nutanix Hybrid Cloud Infrastructure Q
capabilities,applicable to a strategy where it is ideal to source validated and Nutanix supported hardwareCL
infrastructure separately from the Nutanix software. Nutanix would consider cumulative per year volume incentive,
starting over annually.
9. Solution 9: Hybrid Cloud Software defined datacenter Solution —4 node software only enterprise
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10. Solution 10: Hybrid Cloud Tactical infrastructure software Solution — 8 node software only tactical (�
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Carahsoft Technology Corp. MAS Schedule Terms&Conditions Page 51 Q
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1 SKU ; Desaiption Lis#Pri,ce , GSA Price Discount Discount IINSCOUm Discount W
Level l Level 2 Level 3 Lem 4 2
4222-HCSW Solution 9 N
TACT-SLN Hybrid Mud Sv%yare d0iined 381,800_f D 570.907.76 y74,4192D 573,9032D $72,78720 571.6&920 CO)
dalacenler Salulian
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422-HCSM Solution 10 �
SSERV-SLN Hybrid Claud Tactical
Infrastructure Sahrare won $163,2Df1.00 $139,1335.o2 $148JM.40 $147,206.40 $148.674.40 $143.126.40 4)
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Discount Level Detail
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Aggregate discounts are calculated on a per agency basis.Agencies are eligible for additional discounts based on the following;
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■ Level 1 Discount Level is reached when parent agency reaches annual spend of$500,000.00 0
■ Level 2 Discount Level is reached when parent agency reaches annual spend of$1,000,000.00 z
■ Level 3 Discount Level is reached when parent agency reaches annual spend of$2,000,000.00
■ Level 4 Discount Level is reached when parent agency reaches annual spend of$5,000,000.00 $
0
m
Sizing is specific to Nutanix partner hardware platforms and available upon request from Nutanix systems engineers.
All Nutanix validated and supported partner hardware platforms build and deploy systems by node count. Eight and
four node solutions were selected because that is the full scale out configuration of the individual partner hardware V
platforms for enterprise and tactical solutions. 00
c
Nutanix Software capabilities that are included with each of the solutions to enable the Nutanix Hybrid M
Cloud infrastructure regardless of whether the hardware is procured from Nutanix or separately from a LL
Nutanix certified and supported hardware vendor: c
0
Webscale hyper converged architecture, Nutanix Acropolis application mobility fabric, Acropolis distributed
00
storage fabric, PRISM Enterprise management, Acropolis hypervisor, Acropolis file services, Acropolis block Q
services, Acropolis Container services, Nutanix Cloud Connect, Shared Service self-service portal, data locality, ?�
data tiering, compression,de-duplication, security hardening, security control monitoring, security control breach U)
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automated remediation, NIST security control documentation for ATO, 1 year HW and SW maintenance including
all software updates with 24x7x365 phone support -4 hr response with non-returned disk service. U-
co
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ATTACHMENT IV C - U.S. Government VERITAS FITARA Addendum Q
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Introduction
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Veritas Enterprise Data Management empowers government departments, on the federal and local level, to combine key
capabilities from a family of solutions that reduces complexity, streamlines operations, and empowers agencies to V
recognize enormous business value. m
With Veritas Enterprise Data Management solutions, federal agencies can have the insight and availability they
need to understand what information they have, know how to keep it protected, and realize what they should delete. z
This leads to the best possible return on information (ROI): the ability to gain better visibility and insight into Cn
unstructured data and to control, store,and protect citizen information.
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SOLUTIONS Enterprise Data Management Solutions Q
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Carahsoft will provide the following Veritas Enterprise Data Management Solutions through the GSA Schedule at
the following discount options. Cn
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Product Family Description/Business Value U
360 DATA Veritas 360 Data Management offerings provide data visibility, compliance
MANAGEMENT readiness, W
business continuity,data protection and recoverability, while maintaining i
data/workload portability and storage optimization
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All product SW/HW components are included
70
*See Bundle Information on page
DATA INSIGHT Veritas Data Insight helps organizations improve unstructured data 4)
LL
governance to reduce costs reduce risk and achieve compliance through
g p �liance
actionable intelligence into data ownership, usage, and access controls o
All product SW components
EDISCOVERY From ECA and keywords to concepts and TAR, Veritas' eDiscovery Platform
provides the ultimate analysis toolkit for isolating potentially relevant items, ~
revealing context, and prioritizing what's most important y
t
8100/8200 APPLIANCES, Collector SW all included L
EV 247 EV 247 frees customers from the overheads of owning,running, or managing email U
and file archives by leveraging Microsoft Azure cloud platforms, powered by the
world's leading archiving technology. This is a cloud platform, software archiving c
solution,and managed service all in one M
All product SW components, cloud storage, and management fees are included U-
0
INFOSCALE Veritas InfoScale minimizes downtime by providing high availability and p
disaster recovery over any distance for your critical business services, Q
including individual databases, custom applications, and complex multitier
applications across physical and virtual environments
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All product SW components included
u_
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Q
Enterprise Data Management Platform— Discount Level 1 Discount Level 2 Discount Level 3
Aggregate(Both Product&Services) >$3M Annual >$8M Annual >$15M Annual W
Agency Spend with Initial Enterprise Spend* Spend* Spend*
Support and Service Option from Below
F-
2% 5% 10% c
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One of the following Veritas Consulting Services are strongly recommended with the purchase of each product family
listed above. The Service Descriptions and recommended number of hours per family is listed below:
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Service
Option Service Personnel Service 3
Description Q
Business Critical Business Critical Services (BCS) Assist. Provides a designated, m
accountable Business Critical Coordinator BCC to oversee, •
Services Assist (BCC)
1 (BCS)— support delivery, and assist with case management and escalations
during local business hours for rapid response, priority queuing,
Proactive Product helps ensure preventable issues don't recur (through quarterly W
Account Management reporting), and that solutions and recommendations are documented
for future reference.
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Remote Product Re ote uc i i et your mission critical
2 Specialist (RPS) - ap
On-Call, Dedicated up and running as quickly as possible in the event of an issue or an
Specialist unplanned outage. Includes an assigned, advanced level product expert
to personalize your support experience and ensure priority call queuing. .2
On-Site A Business Critical Engineer (BCE). Optimizes the Veritas y
3 Business environment.The BCE can minimize downtime by identifying i
Critical potential issues before they impact performance and help optimize
Engineer (BCE) solutions so that each product feature is used fully to maximize the d
value from your software investment 0
On-Site Resource `m
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Recommended Minimum by Discount Level—Services Only
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PMW c
Recommended Service Options
Aggregate Revenue for Services Discount Level BCS PIPS BCE
Agency Consultant FTE c
=2040 hrs w
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$0-$8M Discount Level 1 (2%) 1 /per product 1/per product 500 Hours
$8M-$15M Discount Level 2 (501.) 1 /per product 1 /per product 1,020 Hours V
>$15M Discount Level 3 (10%) 2/per product 2/per product 2,040 Hours
0
0
M
SUPPORT SKUs for NetBackup LL
0
For any agency with NetBackup currently installed or with the initial purchase of NetBackup, premier services offerings 00
are available through the following bundles on the Carahsoft GSA. Offered skus are inclusive of Netbackup licensing, a
estimated service hours below, and either a SW or HW based Netbackup appliance. Q
As a rule of thumb, Veritas and Carahsoft recommend the following estimates of service hours in support of our software Co
installations. These estimates are based on Front End TB count of the backup environment:
LL
• < 100TB — 80 hours 0N
• 101-250TB — 120 hours Q
• 250-50OTB — 180 hours Q
W
• >50OTB —240 hours
Please note: the hours listed above are estimates. Each agency may require more or less hours depending on project
scope.All service items are available to the government at the full GSA Schedule price. o
V
Per Agency Aggregate Spend Detail m
0
Aggregate discounts are calculated on a per agency basis. Agencies are eligible for additional discounts based on the
following:
• Level 1 Discount Level is reached when parent agency reaches annual spend of$3,000,000.00
■ Level 2 Discount Level is reached when parent agency reaches annual spend of$8,000,000.00 3
■ Level 3 Discount Level is reached when parent agency reaches annual spend of$15,000,000.00 Q
m
Annual spend is calculated based on the total aggregate purchases made by any combination of sub agencies that fall '
underneath a parent agency in a 12 month period.The 12 month Period,or annual spend,is calculated based on the Veritas
Fiscal Year which begins on April 1st.A full listing of eligible parent and sub agencies can be found in the Appendix. Q
The initial period of performance for all support/maintenance contracts that come with eligible Veritas Licenses purchased
will be 12 months.In the event an ordering organization should require a custom or pro-rated period of performance,we will
work with the agency on a per opportunity basis.
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carahsoft.
We are dedicated to providing the Enterprise Data Management solutions to all federal agencies regardless of agency size.
The Veritas team welcomes the opportunity to support any ordering organization that may require less than 1,000 users .2
and custom configurations may be discussed on a per opportunity basis.
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Discounts cannot be combined with discounts offered on existing Blanket Purchase Agreements or contracts that an i
agency may have in place with Carahsoft or an authorized Veritas/Carahsoft reseller. c
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For the full pricelist table please use the following link: C9
https://www.carahsoft.com/application/files/4615/4418/8823/VEPdTAS_TC_TABLE.pdf i
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ATTACHMENT V — Approved IT Manufacturers
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Approved IT Manufacturers: $
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Please reference GSA eLibrary:
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https://www.gsaelibrM.gsa.gov/ElibMain/contractorInfo.do?contractNumber=4 V
7QSWA18D008F&contractorName=CARAHSOFT+TECHNOLOGY+CORPO00
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KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Cooperative Purchasing Agreement with Justice Systems
Corporation - Authorize
MOTION: I move to authorize the IT Director to purchase through a
cooperative purchasing agreement the state Department of Enterprise
Services has with Justice Systems Corporation through July 31, 2028, and
any extended contract term that may be authorized, if those purchases are
within the City's established budgets.
SUMMARY: The City has entered into an agreement with the state Department of
Enterprise Services ("DES"), which allows the City to purchase through contracts
the state publicly bids and enters into with various vendors. The state has, in turn,
entered into an agreement with a national purchasing cooperative, the NASPO
Cooperative Purchasing Organization, LLC, doing business as NASPO ValuePoint, a
501 (c)(3) limited liability company that is a subsidiary organization of NASPO.
NASPO provides states, local governments, public educational entities, and other
agencies with the purchasing power to obtain better pricing and more favorable
contract terms than the agencies could get on their own. Purchases of software are
exempt from competitive bid requirements under KCC3.70.110(D), as are
purchases made through a purchasing cooperative under KCC 3.70.110(F).
One contract that NASPO has entered into, and which the state DES has elected to
participate in, is a contract with Justice Systems Corporation, a supplier of security
and fire protection products and services ("master contract"). This master contract
is currently in effect through July 31, 2028, though it may be extended beyond that
date in the future. Should the City purchase from Justice Systems Corporation
under the cooperative contract, the terms and conditions of that master contract
will apply. A copy of the state's participating addendum and master contract are
attached.
The City has a current need to purchase new software to upgrade Kent Corrections
current security camera system. The cost for this new software is estimated to be
$125,000.00. Additionally, IT staff seeks approval to purchase additional products
through Justice Systems Corporation, so long as future purchases are made within
established budgets and during the term of the master contract.
BUDGET IMPACT:
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Description I Cost Impact
2024 Operating and Capital Budget 1 $125,000.00
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Justice Systems Proposal (PDF)
2. Justice Systems Master Agreement with NASPO (PDF)
3. Justice Systems Pricing Schedule with NASPO (PDF)
4. Justice Systems Participating Addendum with WA DES (PDF)
5. City of Kent Contract with WA DES (PDF)
12/12/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 1/16/2024
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
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13
JUSTICE
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PROPOSAL (REV 2) 3
SYSTEMS
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VIDEO MANAGEMENT SYSTEM (VMS) CORP
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CITY OF KENT JAIL o
SECURITY DESIGN-BUILD SERVICE c
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INTRODUCTION
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This proposal supports the City of Kent Jail's transition of video surveillance from analog cameras managed a)
through a DVR system to an NVR-based digital system with high-resolution IP cameras.Another contractor is 0
performing the cabling infrastructure and camera installation.The City of Kent is providing networking and server
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hardware. }'
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This proposal provides the software and workstation hardware/software to complete the system.Justice Systems a)
has performed similar transitions for dozens of secure facilities, including most recently, Island County Jail and a)
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Juvenile Facility, Kitsap County 911 Center, Pacific County Jail, and Maple Lane School.
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This proposal R1 (Rev 1)changes the control room monitors from one 43-inch to two 27-inch.
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We submit this proposal under Washington State Master Contract No.24223 for Security Technology Services. U
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SCOPEOF • 0
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VMS SYSTEM LICENSE 0
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This proposes Genetec Security Center Version 5.11 Base Enterprise Package(GSC-BASE-E).
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Video System Features and Limits
The VMS package includes Omnicast Enterprise with the following features and limits(note the upgrade from c
Professional to Enterprise was necessary to provide failover): a
• Basic Features.Archiving support, media router,audio, remote security desk,camera sequences,camera
blocking,camera de-warping, hardware matrix support,time zone,edge recording,trickling&archive transfer, N
keyboard &joystick support.Also Active Directory integration, 1 authentication role,and 1 Active Directory N
Federation service.
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• Failover Cameras.One failover directory role.
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• Video Analytics.300 channels of KiwiVision video analytics for privacy protector,security analytics and people
counter. t
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• Client Connections. 10 clients with up to 5 active users(Security Desk,Web or Mobile). Q
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• Camera Connections. Up to 250 cameras and up to 20 archivers.
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Other Security System Features and Limits o
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Security Center comes standard with Synergis Professional for access controls, Intrusion Manager for intrusion
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detection,and Sipelia for intercom.These are available, if desired in the future.
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Synergis Professional provides 2 Access Managers, Remote Security Desk,and Badge Designer. It is limited to 256 ca
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card readers, 2 access managers,and 10 clients(with 5 active users).The Professional package includes AutoVu, a
Threat Level, Plan Manager Advanced for GIS Map servers(unlimited entities),and Restricted Security Area 0
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Surveillance. (n
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CAMERA LICENSES & WARRANTY SUPPORT cn
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This proposes 53 camera connection licenses(GSC-Om-P-1C)complete with 1-year Genetec Advantage support, y
including existing external cameras,Jail internal cameras,and Annex internal cameras.
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Existing External Cameras. 11 existing cameras as follows: 3
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• Qty 2-2 MP(Axis Q3505-VE) E
• Qty 3-4 MP(Axis Q3536-LVE) L
• Qty 6-8 MP(Axis P3707-PE)
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Jail Internal Cameras. Nelson Electric is installing,or has installed,37 Axis cameras as follows:
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• Qty 6-2 MP(Axis Q3515-LV) V
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• Qty 11-4 MP(Axis Q9216-SLV or P3715-PLVE) a
• Qty 16-8 MP(Axis P3727-PLE or Axis P3807-PVE)
• Qty 4-12 MP 360-degree(Axis M3057-PLVE)
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Annex Internal Cameras. Nelson Electric is installing,or has installed, 5 Axis cameras as follows: 0
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• Qty 2-2 MP(Axis Q3515-LV or Q3515-LVE)
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• Qty 3-8 MP(Axis P3807-PVE or P3727-PLE) o
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Unit Price Budget.Additional camera licenses,complete with 1-year Genetec Advantage Support, may be
budgeted at$820 each (not to exceed 10). 0
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WORKSTATIONS AND MONITORS (n
We propose the following:
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• Two quad-split(4-view), 24-inch 1080p monitors adjacent to the jail security control system (Orion N
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23REDP). On these monitors camera views will be switched according to actions of the operator on the jail V
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security control system.See"Controls Software Integration" below.These two monitors will be supported
by one client workstation.
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• Two 16-view, 27-inch,4k monitors, unswitched,for general surveillance(Orion 27DHDN). Each monitor
will be supported by its own client workstation.
• One desktop client installation on a PC by the City of Kent. f°
• One mobile application. Q
PROPOSAL R2 Page 2
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.........................................................................................................................................................................................................................................................................................................................................
Workstation Hardware
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Each of the three workstations are: N
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Genetec(SVW-105E-M1-EMB-17)Streamvault'" 104E Series- 1 Bay Micro Workstation Embedded Graphics 1x Core Q
i7-10700T 16GB 1x 256GB M.2 SSD 1x 1T13 SATA 1x 1GbE RJ45 1x 65W PSU Windows 10 Embedded 5YR NBD KYHD
Warranty-Genetec'"Security Center pre-installed. License sold separately. Keyboard, mouse,and peripherals not 0
included.
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CONTROLS SOFTWARE INTEGRATION U
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This proposal assumes the jail control system to be PLC-based hard panels that will be converted to touchscreen
GUI (graphic user interface or"touchscreen")controls in the not-too-distant future.We further assume that the N
PLC currently emits camera switching protocol for a video matrix switcher. a)
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Interim Translation PC. Until the existing control system is replaced,this proposes to program and install an inline
translation PC to translate the existing switching protocol to host control protocol.
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REMOTE ACCESS AND SUPPORT
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This proposes Tosibox secure encrypted VPN with hard-switch on/off from the jail security control system. Note: If L
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City of Kent IT does not allow Tosibix,we will write a deductive change. Q
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LABOR z
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• Together with City of Kent,coordinate network and IP schema. Calculate necessary storage and bandwidth. a
Verify necessary PoE budgets.Coordinate system requirements for server. >
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• Engineer shop drawings. Prepare engineered shop drawings, including camera schedules,camera system a)
0.
plans, and system/network diagrams. 0
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• Develop translation PC for video switching. Configure logical IDs for video switching. c
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• Install and configure system software and licenses on the City of Kent's server. Install and configure monitors
and workstations.
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• Implement video switching between the control system and Genetec VMS. c
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• Assist"hot cutover"of cameras as follows: rn
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• Enroll cameras as Nelson Electric replaces them (remote access is acceptable).
• Configure and focus individual cameras while Nelson Electric aims. N
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• Acceptance testing.
• Training.
• As-built shop drawings. c
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WORK BY OTHERS OR EXISTING
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• Cabling infrastructure.
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CITY OF KENT JAIL VMS November 8, 2023
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• Cameras.
• Servers.
• Network and PoE power to cameras. N
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• This assumes AutoCAD architectural backgrounds are available from which to prepare camera system plans. 0
COMPENSATION
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Initial Cost.Justice Systems proposes the City of Kent VMS, including all labor, materials,expenses,and c��a
incidentals, and 1-year warranty for the lump sum amount of....................................................................$101,090 a
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Annual Service&Support.Justice Systems proposes annual service and support,as delineated on the attached V
NASPO backup,for the lump sum,annual amount of......................................................................................$4,972 E
Total through 2026 Biennium.The initial cost, including 1-year warranty(2024), plus 2 years annual service and to
support(2025 and 2026),total .....................................................................................................................$111,034 a)
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INCLUSIONS
• Shop drawings and product data submittals 3
• City of Kent IT coordination
• As-builts and 0&M manuals E
• 1-year Genetec Advantage software support subscription L
• 1-year warranty
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EXCLUSIONS y
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• Work by Others or Existing 2
• Payment and performance bond a
• Sales tax d
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STATE CONTRACT Q.
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The pricing in this proposal complies with Washington State Master Contract No.24223 for Security Technology V
Services(https://apps.des.wa.gov/DESContracts/Home/ContractSummary/24223),as agreed to and effective o
0
between Justice Systems and Washington State DES.The City of Kent is free to use the State contract as a vehicle M
to awarding this work, if desired. This proposal expires January 31,2024.
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We appreciate the opportunity to propose this work to the City of Kent. a
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Sincerely, N
E=pallyn@jus�icesys.com, E
O=Justice Systems,CN=Paul
Paul Allyn Ailyn
Aare:zozaii os iassae-oe•oc N
Paul Allyn c0i
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General Manager
3902 West Valley Hwy N,Suite 306
Auburn,WA 98001
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C:425.890.1300 E
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0: 253.981.4398 c�a
E: pallyn@justicesys.com Q
PROPOSAL R2 Page 4
CITY OF KENT JAIL VMS November 8, 2023
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City of Kent Jail R2
Materials
oty IMake Model Description Each Extended M/U Value
Licenses
1 Genetec GSC-BASE-E Security Center v5.11 Enterprise Package $ 4,250.00 $ 4,250.00 25% $ 5,313
53 Genetec GSC-Om-E-1C One 1 camera connection $ 212.50 $ 11,262.50 25% $ 14,078 N
One(1)Genetec SDK connection for video integration with O
1 Genetec TBD PLC-translator $ 1,000.00 $ 1,000.00 25% $ 1,250 t
GenetecTm Advantage for 1 OmnicastTm Ent Camera-1
53 Genetec ADV-CAM-E-1Y year $ 43.35 $ 2,297.55 25% $ 2,872 Q
Workstations
Streamvault-104E Series-1 Bay Micro Workstation
Embedded Graphics 1x Core i7-10700T 16GB 1x 256GB O
M.2 SSD 1x 1TB SATA 1x 1GbE RJ45 1x 65W PSU
Windows 10 Embedded 5YR NBD KYHD Warranty- L
GenetecTM Security Center pre-installed.License sold O
separately.Keyboard,mouse,and peripherals not G
3 Genetec SVW-104E-M1-EMB-17 included. $ 1,842.50 $ 5,527.50 25% $ 6,909 U
2 Orion 123REDP 24-inch HD Surveillance Monitor $ 545.00 $ 1,090.00 25% $ 1,363
2 Orion 27DHDN 27-inch 4k Surveillance Monitor $ 955.00 $ 1,910.00 25% $ 2,388
2 1 Monitor Wall Mount $ 250.00 $ 500.00 25% $ 625 O
Remote Access +'
1 ITosibox 675 Lock with cellular $ 1,149.00 $ 1,149.00 25% $ 1,436
1 Aux antenna $ 150.00 $ 150.00 25% $ 188
2 ITosibox Soft keys $ 100.00 $ 200.00 25% $ 250 0)
Miscellaneous V
1 Warrant materials allowance $ 85.00 $ 85.00 25% $ 106 N
7
Total Materials $ 36,778
Installation Labor t
40 MH Project Manager/Project Engineer Project management $180.00 $ 7,200 r
20 MH Project Account/Assistant Project administration and billing $100.00 $ 2,000 3
8 MH Systems Engineer/Programmer Coordinate Network&IP Schema $160.00 $ 1,280 r
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24 MH Systems Engineer/Programmer Engineer Shop Drawings. $160.00 $ 3,840
32 MH Engineering/CAD Engineer Shop Drawings. $98.00 $ 3,136 N
56 MH Systems Engineer/Programmer Install and Confi ure S stem Software and Licenses. $160.00 $ 8,960 y
8 MH Install Standard Rate Install and Configure Monitors and Workstations. $125.00 $ 1,000 L
12 MH Systems Engineer/Programmer Install and Configure Monitors and Workstations. $160.00 $ 1,920
24 MH Project Manager/Project Engineer Enroll and Configure Individual Cameras. $180.00 $ 4,320
4 MH Install Standard Rate Install,Test&Troubleshoot Translator PC $125.00 $ 500
16 MH Systems Engineer/Programmer Install,Test&Troubleshoot Translator PC $160.00 $ 2,560 jn
16 MH Systems Engineer/Programmer Configure Logical IDs for Video Switching. $160.00 $ 2,560 M
8 MH Systems Engineer/Programmer Training. $160.00 $ 1,280
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8 MH Install Standard Rate Acceptance testing $125.00 $ 1,000 L
8 MH I Systems Engineer/Programmer Acceptance testing $160.00 $ 1,280
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2 MH Project Manager/Project Engineer Acceptance testing report $180.00 $ 360 0)
4 MH Systems Engineer/Programmer As-built drawings and O&M manuals $160.00 $ 640
8 MH Install Standard Rate As-built drawings and O&M manuals $125.00 $ 1,000
8 MH Systems Engineer I Programmer Warranty labor allowance $160.00 $ 1,280 L
0)
Intstallation Labor $ 46,116 CL
Subcontractors O
1 Status Automation IlDevelop translation PC $ 15,000 1 $ 15,000 1 20% $ 18,000 V
Total Subcontractors $ 18,000 O
Ex enses O
100 MI Mileage I 1 1 $0.6551 5.0% $ 69 M
1 ILS IMiscellaneous Expenses I 1 1 $121.001 5.0% $ 127
Total Expenses $ 196 f�
Total Cost $101,090 to
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1.
Annual Service&Support O
Qt Make Model Description Each Extended M/U Value L
IL
GenetecTm Advantage for 1 OmnicastTm Ent Camera-1 to
53 Genetec ADV-CAM-E-1Y year $ 43.35 $ 2,297.55 25% $ 2,872 E
4 MH Systems Engineer/Programmer Telephone/Remote Support $160.00 $ 640 01
8 MH Systems Engineer/Programmer Install,Test&Troubleshoot Translator PC $160.00 $ 1,280
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1 MH Project Manager/Project Engineer Scheduling and billing $180.00 $ 180
Intstallation Labor $ 4,972 O)
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STATE OF NEVADA COOPERATIVE CONTRACT
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_Nevada Contract
Ntigthcr; SC,JG rjVu 43 162- 67
Master Agreement Number; AN 4.3— 0.
Solicitation Number: 99SWC-S1820(NASPO ValuePoint,Nevada) _ 0
Title; Securlty acid Fire Protection Services(NASPO ValuePolilt,Nevada) V
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Govermnen(Entity: State of Nevada,Department of Administration,Pul'chasing)Nv€sion y
Address: 515 R Musser St,Ste 300 � Cn
City,State,Zip Code: Carson City,NV 89701
Contact: Nancy Feser
Pllonc: 775-684-1075 Email: iitescr u,adEnllt.ijv. ov_
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Contractor: Justice Systanis Corporation 3
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Address; 3902 Nest Valley Hivy N,Smite 306 E
City,State,Zip Code: Auburn,WA 98001 �
Contact: Paul Allyn t
Pltotle; d25-890-1300 Email: pallynojusticesys.colu �
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1, SCOPE.Th€s purpose of lliis contract is to provide Security adct Pisa Protect€on Services as deeded, in accordance with cacti z
participating addendum exeented udder this master agreement. i
2. TERIM, Effective Date: Upon execution,Termination Date;07/31/2028 Finless terminated early or extended in accordance a
with the terms and conditions of this contract.Renewal options(if any);two(2)option periods of(2)years each, >
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3. ATTACHMENTS Q.
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3.1. The following documents are incorporated in descending order of coastruolive precedence. �j
A. NASPO VALUEPOINT MASTER AGREEMENT TERMS AND CONDITIONS o
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B. VENDOR COST PROPOSAL 99SWC-VQ13557 00
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C. INSURANCE SCHEDULE
D. SOLICITATION 99SWC-SI820 O
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E. VENDORPROP0SAL99SNVC-VQ13557 Q
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3.2. The following documents are incorporated by reference but not attached, z
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A. All other governmental laws,regulations,or actions applicable to(lie goods and/or scrviecs authorized by this contract, 3
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4, AUTHORITY.Each person signing represents and warrants that Ile/slie is duly authorized and has legal capacity to execute E
and deliver and bind the parties hereto.Each signatory represents and warrants to the other that the execution and delivery i
and the performance of each party's obligations hereunder have been duly authorized,and this Is a valid and legal agreement Q
binding on the parties and enforceable in accordance with its terms. L
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IN WITNESS WHEREOF, (lie parties sign and ca;Ise this contract to be executcd. Notwitlistandhig verbal or other m
representations by the parties,the"Effective Date"of this Contract sliall be the date provided within Section 2 above.
N
Goverluiient Enti ;State of Nevada Colilraotor:Justice Systems Corporation m
Siguaturo; Signature:
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Name: Gideon K.Davis Name:Paul Allyn c°i
Title: Adruhilstratar Title:-President w
Date: J ; Date:4/29/23 �
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Remised:,September 2022 .Page.I of X Coolm alive Coubrrcl Q
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ATTACHMENT A
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NASPO VALUEPOINT MASTER AGREEMENT
TERMS AND CONDIDITIONS
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ATTACHMENT A
NASPO VALUEPOINT MASTER AGREEMENT TERMS AND CONDITIONS
I. Definitions
1.1 Acceptance means acceptance of goods and services as set forth in 3
Section IX of this Master Agreement.
1.2 Contractor means a party to this Master Agreement, whether a person or
entity, that delivers goods or performs services under the terms set forth in
this Master Agreement. a
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1.3 Embedded Software means one or more software applications which
permanently reside on a computing device.
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1.4 Intellectual Property means any and all patents, copyrights, service a
marks, trademarks, trade secrets, trade names, patentable inventions, or
other similar proprietary rights, in tangible or intangible form, and all rights, L
title, and interest therein. c
1.5 Lead State means the State centrally administering any resulting Master ci
Agreement(s) who is a party to this Master Agreement. o
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1.6 Master Agreement means the underlying agreement executed by and
between the Lead State, acting in cooperation with NASPO ValuePoint, and a
the Contractor, as now or hereafter amended. a
1.7 NASPO ValuePoint is a division of the National Association of State Z
Procurement Officials ("NASPO"), a 501(c)(3) corporation. NASPO 3
ValuePoint facilitates administration of the NASPO cooperative group
contracting consortium of state chief procurement officials for the benefit E
of state departments, institutions, agencies, and political subdivisions and L
other eligible entities (i.e., colleges, school districts, counties, cities, some a
nonprofit organizations, etc.) for all states, the District of Columbia, and
territories of the United States. NASPO ValuePoint is identified in the
Master Agreement as the recipient of reports and may perform contract
administration functions relating to collecting and receiving reports, as well E
as other contract administration functions as assigned by the Lead State.
1.8 Order or Purchase Order means any purchase order, sales order, 0
contract or other document used by a Purchasing Entity to order the N
Products.
1.9 Participating Addendum means a bilateral agreement executed by a
Contractor and a Participating Entity incorporating this Master Agreement E
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and any additional Participating Entity-specific language or other 0
requirements (e.g., ordering procedures specific to the Participating Entity,
entity-specific terms and conditions, etc.).
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1.10 Participating Entity means a state (as well as the District of Columbia U
and US territories), city, county, district, other political subdivision of a E
State, or a nonprofit organization under the laws of some states properly y
authorized to enter into a Participating Addendum, that has executed a v
Participating Addendum.
1.11 Participating State means a state that has executed a Participating
Addendum or has indicated an intent to execute a Participating
Addendum. 3
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1.12 Product or Products and Services means any equipment, software E
(including embedded software), documentation, service, or other
deliverable supplied or created by the Contractor pursuant to this Master a
Agreement. The term Product includes goods and services.
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1.13 Purchasing Entity means a state (as well as the District of Columbia and
US territories), city, county, district, other political subdivision of a State, or L
a nonprofit organization under the laws of some states if authorized by a a
Participating Addendum, that issues a Purchase Order against the Master
Agreement and becomes financially committed to the purchase. L
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II. Term of Master Agreement 0
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2.1 Initial Term. The initial term of this Master Agreement is for five (5) years. o
The term of this Master Agreement may be amended beyond the initial Q
term for two (2) additional years at the Lead State's discretion and by
mutual agreement and upon review of requirements of Participating a
Entities, current market conditions, and Contractor performance. The Lead a
State may, prior to execution, adjust the effective date or duration of the Z
initial term or renewal period of any Master Agreement for the purpose of 3
making the Master Agreement coterminous with others.
CD
2.2 Amendment Limitations. The terms of this Master Agreement will not be E
CD
waived, altered, modified, supplemented, or amended in any manner
whatsoever without prior written agreement of the Lead State and a
Contractor.
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2.3 Amendment Term. The term of the Master Agreement may be amended
past the initial term and stated renewal periods for a reasonable period if E
in the judgment of the Lead State a follow-on competitive procurement will 4)
be unavoidably delayed (despite good faith efforts) beyond the planned
date of execution of the follow-on master agreement. This subsection will
not be deemed to limit the authority of a Lead State under its state law to N
otherwise negotiate contract extensions.
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III. Order of Precedence o
3.1 Order. Any Order placed under this Master Agreement will consist of the c
following documents: c
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3.1.1 A Participating Entity's Participating Addendum ("PA"); W
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3.1.2 NASPO ValuePoint Master Agreement, including all attachments y
thereto; U)
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3.1.3 A Purchase Order or Scope of Work/Specifications issued against
the Master Agreement;
3.1.4 The Solicitation or, if separately executed after award, the Lead
State's bilateral agreement that integrates applicable provisions; 3
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3.1.5 Contractor's response to the Solicitation, as revised (if permitted)
and accepted by the Lead State. L
3.2 Conflict. These documents will be read to be consistent and a
complementary. Any conflict among these documents will be resolved by
giving priority to these documents in the order listed above. Contractor
terms and conditions that apply to this Master Agreement are only those
that are expressly accepted by the Lead State and must be in writing and a
attached to this Master Agreement as an Exhibit or Attachment.
3.3 Participating Addenda. Participating Addenda will not be construed to a
diminish, modify, or otherwise derogate any provisions in this Master o
Agreement between the Lead State and Contractor. Participating Addenda U
will not include a term of agreement that exceeds the term of the Master o
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Agreement. M
IV. Participants and Scope a
4.1 Requirement for a Participating Addendum. Contractor may not deliver z
Products under this Master Agreement until a Participating Addendum
acceptable to the Participating Entity and Contractor is executed. 3
4.2 Applicability of Master Agreement. NASPO ValuePoint Master
Agreement Terms and Conditions are applicable to any Order by a CD
Participating Entity (and other Purchasing Entities covered by their
Participating Addendum), except to the extent altered, modified, a
supplemented or amended by a Participating Addendum, subject to y
Section III. For the purposes of illustration and not limitation, this authority
may apply to unique delivery and invoicing requirements, confidentiality
requirements, defaults on Orders, governing law and venue relating to
Orders by a Participating Entity, indemnification, and insurance
requirements. Statutory or constitutional requirements relating to a)
availability of funds may require specific language in some Participating N
Addenda in order to comply with applicable law. The expectation is that
these alterations, modifications, supplements, or amendments will be
CD
addressed in the Participating Addendum or, with the consent of the E
Purchasing Entity and Contractor, may be included in the ordering
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document (e.g., purchase order or contract) used by the Purchasing Entity 0
to place the Order.
0
4.3 Authorized Use. Use of specific NASPO ValuePoint Master Agreements c
by state agencies, political subdivisions and other Participating Entities is U
subject to applicable state law and the approval of the respective State E
Chief Procurement Official. Issues of interpretation and eligibility for y
participation are solely within the authority of the respective State Chief v>i
Procurement Official.
4.4 Obligated Entities. Obligations under this Master Agreement are limited
to those Participating Entities who have signed a Participating Addendum
and Purchasing Entities within the scope of those Participating Addenda. 3
States or other entities permitted to participate may use an informal
competitive process to determine which Master Agreements to participate E
in through execution of a Participating Addendum. Participating Entities
incur no financial obligations on behalf of other Purchasing Entities. a
4.5 Notice of Participating Addendum. Contractor shall email a fully N
executed PDF copy of each Participating Addendum to
pa naspovaluepoint.org to support documentation of participation and ;
posting in appropriate databases.
4.6 Eligibility for a Participating Addendum. Eligible entities who are not L
states may under some circumstances sign their own Participating a
Addendum, subject to the consent of the Chief Procurement Official of the 00
state where the entity is located. Coordinate requests for such
participation through NASPO ValuePoint. Any permission to participate Q
through execution of a Participating Addendum is not a determination that
procurement authority exists; the entity must ensure that they have the o
requisite procurement authority to execute a Participating Addendum. a
4.7 Prohibition on Resale. Subject to any specific conditions included in the Z
solicitation or Contractor's proposal as accepted by the Lead State, or as 3
explicitly permitted in a Participating Addendum, Purchasing Entities may
not resell Products purchased under this Master Agreement. Absent any E
such condition or explicit permission, this limitation does not prohibit: L
payments by employees of a Purchasing Entity for Products; sales of a
Products to the general public as surplus property; and fees associated CD
with inventory transactions with other governmental or nonprofit entities
and consistent with a Purchasing Entity's laws and regulations. Any sale
or transfer permitted by this subsection must be consistent with license E
rights granted for use of intellectual property. y
4.8 Individual Customers. Except as may otherwise be agreed to by the 0
Purchasing Entity and Contractor, each Purchasing Entity shall follow the N
terms and conditions of the Master Agreement and applicable
Participating Addendum and will have the same rights and responsibilities
for their purchases as the Lead State has in the Master Agreement and as E
the Participating Entity has in the Participating Addendum, including but
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not limited to any indemnity or right to recover any costs as such right is 0
defined in the Master Agreement and applicable Participating Addendum
for their purchases. Each Purchasing Entity will be responsible for its own
charges, fees, and liabilities. The Contractor will apply the charges and 0
invoice each Purchasing Entity individually. E
4.9 Release of Information. Throughout the duration of this Master y
Agreement, Contractor must secure from the Lead State prior approval for v
the release of information that pertains to the potential work or activities
covered by the Master Agreement. This limitation does not preclude
publication about the award of the Master Agreement or marketing
activities consistent with any proposed and accepted marketing plan. 3
4.10 No Representations. The Contractor shall not make any representations
of NASPO ValuePoint, the Lead State, any Participating Entity, or any
Purchasing Entity's opinion or position as to the quality or effectiveness of ;v
the services that are the subject of this Master Agreement without prior a
written consent.
V. NASPO ValuePoint Provisions
L
5.1 Applicability. NASPO ValuePoint is not a party to the Master Agreement. a
The terms set forth in Section V are for the benefit of NASPO ValuePoint
as a third-party beneficiary of this Master Agreement. L
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5.2 Administrative Fees 0
0
5.2.1 NASPO ValuePoint Fee. Contractor shall pay to NASPO
ValuePoint, or its assignee, a NASPO ValuePoint Administrative g
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Fee of one-quarter of one percent (0.25% or 0.0025) no later than M
sixty (60) days following the end of each calendar quarter. The o
NASPO ValuePoint Administrative Fee must be submitted quarterly N
and is based on all sales of products and services under the Master z
Agreement (less any charges for taxes or shipping). The NASPO
ValuePoint Administrative Fee is not negotiable. This fee is to be 3
included as part of the pricing submitted with a vendor's response CD
to the Lead State's solicitation. E
CD
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5.2.2 State Imposed Fees. Some states may require an additional fee a
be paid by Contractor directly to the state on purchases made by
Purchasing Entities within that state. For all such requests, the fee
rate or amount, payment method, and schedule for such reports
and payments will be incorporated into the applicable Participating E
Addendum. Unless agreed to in writing by the state, Contractor y
may not adjust the Master Agreement pricing to include the state v
fee for purchases made by Purchasing Entities within the a)
Z.
jurisdiction of the state. No such agreement will affect the NASPO
ValuePoint Administrative Fee percentage or the prices paid by
Purchasing Entities outside the jurisdiction of the state requesting
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the additional fee. E
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5.3 NASPO ValuePoint Summary and Detailed Usage Reports o
5.3.1 Sales Data Reporting. In accordance with this section, Contractor c
shall report to NASPO ValuePoint all Orders under this Master c
Agreement for which Contractor has invoiced the ordering entity or U
individual, including Orders invoiced to Participating Entity or E
Purchasing Entity employees for personal use if such use is y
permitted by this Master Agreement and the applicable v
Participating Addendum ("Sales Data"). Timely and complete
reporting of Sales Data is a material requirement of this Master
Agreement. Reporting requirements, including those related to the
format, contents, frequency, or delivery of reports, may be updated 3
by NASPO ValuePoint with reasonable notice to Contractor and
without amendment to this Master Agreement. NASPO ValuePoint E
shall have exclusive ownership of any media on which reports are L
submitted and shall have a perpetual, irrevocable, non-exclusive, a
royalty free, and transferable right to display, modify, copy, and
otherwise use reports, data, and information provided under this
section.
L
5.3.2 Summary Sales Data. "Summary Sales Data" is Sales Data a.
reported as cumulative totals by state. Contractor shall, using the
reporting tool or template provided by NASPO ValuePoint, report 2
Summary Sales Data to NASPO ValuePoint for each calendar c
quarter no later than thirty (30) days following the end of the 0
quarter. If Contractor has no reportable Sales Data for the quarter,
Contractor shall submit a zero-sales report. Q
5.3.3 Detailed Sales Data. "Detailed Sales Data" is Sales Data that Mo
includes for each Order all information required by the Solicitation N
or by NASPO ValuePoint, including customer information, Order z
information, and line-item details. Contractor shall, using the
reporting tool or template provided by NASPO ValuePoint, report 3
Detailed Sales Data to NASPO ValuePoint for each calendar
quarter no later than thirty (30) days following the end of the E
quarter. Detailed Sales Data shall be reported in the format L
provided in the Solicitation or provided by NASPO ValuePoint. The Q
total sales volume of reported Detailed Sales Data shall be
consistent with the total sales volume of reported Summary Sales
Data.
5.3.4 Sales Data Crosswalks. Upon request by NASPO ValuePoint,
Contractor shall provide to NASPO ValuePoint tables of customer
and Product information and specific attributes thereof for the a)
purpose of standardizing and analyzing reported Sales Data N
("Crosswalks"). Customer Crosswalks must include a list of existing
and potential Purchasing Entities and identify for each the
appropriate customer type as defined by NASPO ValuePoint. E
Product Crosswalks must include Contractor's part number or SKU
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for each Product in Offeror's catalog and identify for each the o
appropriate Master Agreement category (and subcategory, if
applicable), manufacturer part number, product description, eight-
digit UNSPSC Class Level commodity code, and (if applicable) 0
EPEAT value and Energy Star rating. Crosswalk requirements and E
fields may be updated by NASPO ValuePoint with reasonable
notice to Contractor and without amendment to this Master
Agreement. Contractor shall work in good faith with NASPO a)
ValuePoint to keep Crosswalks updated as Contractor's customer y
lists and product catalog change.
5.3.5 Executive Summary. Contractor shall, upon request by NASPO 3
ValuePoint, provide NASPO ValuePoint with an executive summary
that includes but is not limited to a list of states with an active
Participating Addendum, states with which Contractor is in
negotiations, and any Participating Addendum roll-out or a
implementation activities and issues. NASPO ValuePoint and
Contractor will determine the format and content of the executive
summary.
L
5.4 NASPO ValuePoint Cooperative Program Marketing, Training, and a
Performance Review ;
5.4.1 Staff Education. Contractor shall work cooperatively with NASPO
ValuePoint personnel. Contractor shall present plans to NASPO o
ValuePoint for the education of Contractor's contract ci
administrator(s) and sales/marketing workforce regarding the c
Master Agreement contract, including the competitive nature of Go
NASPO ValuePoint procurements, the master agreement and n
participating addendum process, and the manner in which eligible N
entities can participate in the Master Agreement. z
5.4.2 Onboarding Plan. Upon request by NASPO ValuePoint,
Contractor shall, as Participating Addendums are executed, provide 3
plans to launch the program for the Participating Entity. Plans will E
include time frames to launch the agreement and confirmation that CD
the Contractor's website has been updated to properly reflect the
scope and terms of the Master Agreement as available to the a
L
Participating Entity and eligible Purchasing Entities. y
5.4.3 Annual Contract Performance Review. Contractor shall
participate in an annual contract performance review with the Lead E
State and NASPO ValuePoint, which may at the discretion of the y
Lead State be held in person and which may include a discussion v
of marketing action plans, target strategies, marketing materials,
Contractor reporting, and timeliness of payment of administration
fees.
c
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5.4.4 Use of NASPO ValuePoint Logo. The NASPO ValuePoint logos 0
may not be used by Contractor in sales and marketing until a
separate logo use agreement is executed with NASPO ValuePoint.
0
5.4.5 Most Favored Customer. Contractor shall, within thirty (30) days U
of their effective date, notify the Lead State and NASPO ValuePoint E
of any contractual most-favored-customer provisions in third-party y
contracts or agreements that may affect the promotion of this v
Master Agreement or whose terms provide for adjustments to future
rates or pricing based on rates, pricing in, or Orders from this
Master Agreement. Upon request of the Lead State or NASPO
ValuePoint, Contractor shall provide a copy of any such provisions. 3
5.5 Cancellation. In consultation with NASPO ValuePoint, the Lead State
may, in its discretion, cancel the Master Agreement or not exercise an E
option to renew, when utilization of Contractor's Master Agreement does
not warrant further administration of the Master Agreement. The Lead a
State may also exercise its right to not renew the Master Agreement if
vendor fails to record or report revenue for three consecutive quarters,
upon 60-calendar day written notice to the Contractor. Cancellation based
on nonuse or under-utilization will not occur sooner than [two years] after a.
execution of the Master Agreement. This subsection does not limit the
discretionary right of either the Lead State or Contractor to cancel the L
Master Agreement or terminate for default subject to the terms herein. a
This subsection also does not limit any right of the Lead State to cancel c0
the Master Agreement under applicable laws.
0
5.6 Canadian Participation. Subject to the approval of Contractor, any
Canadian provincial government or provincially funded entity in Alberta, o
British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, N
Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, a
and territorial government or territorial government funded entity in the
Northwest Territories, Nunavut, or Yukon, including municipalities, 3
universities, community colleges, school boards, health authorities,
CD
housing authorities, agencies, boards, commissions, and crown E
corporations, may be eligible to use Contractor's Master Agreement. L
5.7 Additional Agreement with NASPO. Upon request by NASPO Q
L
ValuePoint, awarded Contractor shall enter into a direct contractual y
relationship with NASPO ValuePoint related to Contractor's obligations to
NASPO ValuePoint under the terms of the Master Agreement, the terms E
of which shall be the same or similar (and not less favorable) than the
terms set forth in the Master Agreement.
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VI. Pricing, Payment & Leasing N
6.1 Pricing. The prices contained in this Master Agreement or offered under
this Master Agreement represent the not-to-exceed price to any
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Purchasing Entity. E
n:
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6.1.1 All prices and rates must be guaranteed for the initial term of the 0
Master Agreement.
0
6.1.2 Following the initial term of the Master Agreement, any request for c
a price or rate adjustment must be for an equal guarantee period U
and must be made at least (Enter the Number of Days) days prior E
to the effective date. y
6.1.3 Requests for a price or rate adjustment must include sufficient 0
documentation supporting the request. Any adjustment or y
amendment to the Master Agreement will not be effective unless
approved in writing by the Lead State.
6.1.4 No retroactive adjustments to prices or rates will be allowed. 3
c
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6.2 Payment. Unless otherwise agreed upon in a Participating Addendum or
Order, Payment after Acceptance will be made within thirty (30) days ;v
following the date the entire order is delivered or the date a correct invoice a
is received, whichever is later. After 45 days the Contractor may assess
overdue account charges up to a maximum rate of one percent per month
on the outstanding balance, unless a different late payment amount is L
specified in a Participating Addendum or Order, or otherwise prescribed a
by applicable law. Payments will be remitted in the manner specified in the
Participating Addendum or Order. Payments may be made via a L
purchasing card with no additional charge. a
0
6.3 Leasing or Alternative Financing Methods. The procurement and other L)
applicable laws of some Purchasing Entities may permit the use of leasing o
or alternative financing methods for the acquisition of Products under this o
Master Agreement. Where the terms and conditions are not otherwise
prescribed in an applicable Participating Addendum, the terms and a
conditions for leasing or alternative financing methods are subject to a
negotiation between the Contractor and Purchasing Entity. z
VII. Ordering 3
c
7.1 Order Numbers. Master Agreement order and purchase order numbers E
must be clearly shown on all acknowledgments, packing slips, invoices,
and on all correspondence. a
7.2 Quotes. Purchasing Entities may define entity-specific or project-specific
requirements and informally compete the requirement among companies
having a Master Agreement on an "as needed" basis. This procedure may
also be used when requirements are aggregated or other firm E
commitments may be made to achieve reductions in pricing. This
procedure may be modified in Participating Addenda and adapted to the )
Purchasing Entity's rules and policies. The Purchasing Entity may in its
sole discretion determine which Master Agreement Contractors should be
solicited for a quote. The Purchasing Entity may select the quote that it
considers most advantageous, cost, and other factors considered. E
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7.3 Applicable Rules. Each Purchasing Entity will identify and utilize its own o
appropriate purchasing procedure and documentation. Contractor is
expected to become familiar with the Purchasing Entities' rules, policies,
and procedures regarding the ordering of supplies and/or services 0
contemplated by this Master Agreement. E
7.4 Required Documentation. Contractor shall not begin work without a valid y
Purchase Order or other appropriate commitment document under the law v
of the Purchasing Entity.
7.5 Term of Purchase. Orders may be placed consistent with the terms of
this Master Agreement and applicable Participating Addendum during the
term of the Master Agreement and Participating Addendum. 3
c
7.5.1 Orders must be placed pursuant to this Master Agreement prior to
the termination date thereof, but may have a delivery date or
performance period up to 120 days past the then-current a
termination date of this Master Agreement.
c
7.5.2 Notwithstanding the previous, Orders must also comply with the
terms of the applicable Participating Addendum, which may further L
restrict the period during which Orders may be placed or delivered. a
7.5.3 Financial obligations of Purchasing Entities payable after the
current applicable fiscal year are contingent upon agency funds for
that purpose being appropriated, budgeted, and otherwise made c
available. U
7.5.4 Notwithstanding the expiration, cancellation or termination of this g
Go
Master Agreement, Contractor shall perform in accordance with the M
terms of any Orders then outstanding at the time of such expiration o
or termination. Contractor shall not honor any Orders placed after N
the expiration, cancellation, or termination of this Master Z
Agreement, or in any manner inconsistent with this Master
Agreement's terms. 3
7.5.5 Orders for any separate indefinite quantity, task order, or other form E
of indefinite delivery order arrangement priced against this Master CD
Agreement may not be placed after the expiration or termination of a
this Master Agreement, notwithstanding the term of any such
CD
indefinite delivery order agreement.
7.6 Order Form Requirements. All Orders pursuant to this Master
Agreement, at a minimum, must include: E
N
7.6.1 The services or supplies being delivered;
7.6.2 A shipping address and other delivery requirements, if any;
7.6.3 A billing address;
7.6.4 Purchasing Entity contact information; CD
E
U
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7.6.5 Pricing consistent with this Master Agreement and applicable 0
Participating Addendum and as may be adjusted by agreement of
the Purchasing Entity and Contractor;
0
7.6.6 A not-to-exceed total for the products or services being ordered; U
and E
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7.6.7 The Master Agreement number or the applicable Participating
Addendum number, provided the Participating Addendum 0
references the Master Agreement number. y
7.7 Communication. All communications concerning administration of Orders
placed must be furnished solely to the authorized purchasing agent within 3
the Purchasing Entity's purchasing office, or to such other individual �.
identified in writing in the Order.
7.8 Contract Provisions for Orders Utilizing Federal Funds. Pursuant to L
Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract a
Provisions for Non-Federal Entity Contracts Under Federal Awards,
Orders funded with federal funds may have additional contractual
requirements or certifications that must be satisfied at the time the Order L
is placed or upon delivery. These federal requirements may be proposed a.
by Participating Entities in Participating Addenda and Purchasing Entities
for incorporation in Orders placed under this Master Agreement. 2
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Vill. Shipping and Delivery 0
U
8.1 Shipping Terms. All deliveries will be F.O.B. destination, freight pre-paid, o
with all transportation and handling charges paid by the Contractor. Q
M
8.1.1 Notwithstanding the above, responsibility and liability for loss or o
damage will remain the Contractor's until final inspection and N
acceptance when responsibility will pass to the Purchasing Entity a
z
except as to latent defects, fraud, and Contractor's warranty
obligations. 3
8.2 Minimum Shipping. The minimum shipment amount, if any, must be E
contained in the Master Agreement. Any order for less than the specified CD
amount is to be shipped with the freight prepaid and added as a separate a
item on the invoice. Any portion of an Order to be shipped without
transportation charges that is back ordered will be shipped without charge. CD
0
8.3 Inside Deliveries. To the extent applicable, all deliveries will be "Inside
Deliveries" as designated by a representative of the Purchasing Entity E
placing the Order. Inside Delivery refers to a delivery to a location other
than a loading dock, front lobby, or reception area. Specific delivery U)
instructions will be noted on the order form or Purchase Order. Costs to
repair any damage to the building interior (e.g., scratched walls, damage ;
to the freight elevator, etc.) caused by Contractor or Contractor's carrier
will be the responsibility of the Contractor. Immediately upon becoming
E
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aware of such damage, Contractor shall notify the Purchasing Entity 0
placing the Order.
0
8.4 Packaging. All products must be delivered in the manufacturer's standard c
package. Costs must include all packing and/or crating charges. Cases U
must be of durable construction, in good condition, properly labeled and E
suitable in every respect for storage and handling of contents. Each y
shipping carton must be marked with the commodity, brand, quantity, item v
code number and the Purchasing Entity's Purchase Order number.
IX. Inspection and Acceptance
9.1 Laws and Regulations. Any and all Products offered and furnished must 3
comply fully with all applicable Federal, State, and local laws and
regulations.
9.2 Applicability. Unless otherwise specified in the Master Agreement,
Participating Addendum, or ordering document, the terms of this Section
IX will apply. This section is not intended to limit rights and remedies N
under the applicable commercial code.
9.3 Inspection. All Products are subject to inspection at reasonable times and a
places before Acceptance. Contractor shall provide right of access to the
Lead State, or to any other authorized agent or official of the Lead State or
other Participating or Purchasing Entity, at reasonable times, to monitor a
and evaluate performance, compliance, and/or quality assurance 0
requirements under this Master Agreement. L)
0
9.3.1 Products that do not meet specifications may be rejected. Failure to Q
reject upon receipt, however, does not relieve the contractor of
liability for material (nonconformity that substantial impairs value)
a
latent or hidden defects subsequently revealed when goods are put a
to use. Z
9.3.2 Acceptance of such goods may be revoked in accordance with the 3
provisions of the applicable commercial code, and the Contractor is
CD
liable for any resulting expense incurred by the Purchasing Entity E
CD
related to the preparation and shipping of Product rejected and
returned, or for which Acceptance is revoked. a
L
9.4 Failure to Conform. If any services do not conform to contract y
requirements, the Purchasing Entity may require the Contractor to perform
the services again in conformity with contract requirements, at no increase E
in Order amount. When defects cannot be corrected by re-performance, y
the Purchasing Entity may require the Contractor to take necessary action
to ensure that future performance conforms to contract requirements and
reduce the contract price to reflect the reduced value of services N
performed.
9.5 Acceptance Testing. Purchasing Entity may establish a process, in CD
keeping with industry standards, to ascertain whether the Product meets
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the standard of performance or specifications prior to Acceptance by the 0
Purchasing Entity.
0
9.5.1 The Acceptance Testing period will be thirty (30) calendar days, c
unless otherwise specified, starting from the day after the Product U
is delivered or, if installed by Contractor, the day after the Product E
is installed and Contractor certifies that the Product is ready for y
Acceptance Testing. v
9.5.2 If the Product does not meet the standard of performance or y
specifications during the initial period of Acceptance Testing,
Purchasing Entity may, at its discretion, continue Acceptance
Testing on a day-to-day basis until the standard of performance is 3
met. _
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9.5.3 Upon rejection, the Contractor will have fifteen (15) calendar days
as
to cure. If after the cure period, the Product still has not met the a
standard of performance or specifications, the Purchasing Entity
may, at its option: (a) declare Contractor to be in breach and N
terminate the Order; (b) demand replacement Product from
Contractor at no additional cost to Purchasing Entity; or, (c)
continue the cure period for an additional time period agreed upon
by the Purchasing Entity and the Contractor.
L
9.5.4 Contractor shall pay all costs related to the preparation and a
shipping of Product returned pursuant to the section. 0
U
9.5.5 No Product will be deemed Accepted and no charges will be paid o
until the standard of performance or specification is met. o
X. Warranty O
a
10.1 Applicability. Unless otherwise specified in the Master Agreement, a
Participating Addendum, or ordering document, the terms of this Section X z
will apply.
3
10.2 Warranty. At minimum, the Contractor warrants for a period of one year
CD
from the date of Acceptance that: (a) the Product performs according to all E
specific claims that the Contractor made in its response to the solicitation,
(b) the Product is suitable for the ordinary purposes for which such a
Product is used, (c) the Product is suitable for any special purposes
identified in the solicitation or for which the Purchasing Entity has relied on
the Contractor's skill or judgment, (d) the Product is designed and
manufactured in a commercially reasonable manner, and (e) the Product E
is free of defects. This warranty shall be in addition to any warranty
provided for or required elsewhere in this Master Agreement. )
10.3 Breach of Warranty. Upon breach of the warranty set forth above, the N
Contractor will repair or replace (at no charge to the Purchasing Entity) the
Product whose nonconformance is discovered and made known to the
CD
Contractor. If the repaired and/or replaced Product proves to be E
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inadequate, or fails of its essential purpose, the Contractor will refund the 0
full amount of any payments that have been made.
0
10.4 Rights Reserved. The rights and remedies of the parties under this c
warranty are in addition to any other rights and remedies of the parties U
provided by law or equity, including, without limitation, actual damages, E
and, as applicable and awarded under the law, to a prevailing party, y
reasonable attorneys' fees and costs. v
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10.5 Warranty Period Start Date. The warranty period will begin upon y
Acceptance, as set forth in Section IX.
XI. Product Title
3
11.1 Conveyance of Title. Upon Acceptance by the Purchasing Entity,
Contractor shall convey to Purchasing Entity title to the Product free and
clear of all liens, encumbrances, or other security interests. ;v
11.2 Embedded Software. Transfer of title to the Product must include an a
irrevocable and perpetual license to use any Embedded Software in the N
Product. If Purchasing Entity subsequently transfers title of the Product to
another entity, Purchasing Entity shall have the right to transfer the license
to use the Embedded Software with the transfer of Product title. A a
subsequent transfer of this software license will be at no additional cost or
charge to either Purchasing Entity or Purchasing Entity's transferee.
a
11.3 License of Pre-Existing Intellectual Property. Contractor grants to the 0
Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, L)
license to use, publish, translate, reproduce, transfer with any sale of g
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tangible media or Product, perform, display, and dispose of the Intellectual M
Property, and its derivatives, used or delivered under this Master o
Agreement, but not created under it ("Pre-existing Intellectual Property"). N
The Contractor shall be responsible for ensuring that this license is z
consistent with any third-party rights in the Pre-existing Intellectual
Property. 3
c
XII. Indemnification E
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12.1 General Indemnification. The Contractor shall defend, indemnify and
hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating a
Entities, and Purchasing Entities, along with their officers and employees,
from and against third-party claims, damages or causes of action including
reasonable attorneys' fees and related costs for any death, injury, or
damage to tangible property arising from any act, error, or omission of the E
Contractor, its employees or subcontractors or volunteers, at any tier,
relating to performance under this Master Agreement. )
12.2 Intellectual Property Indemnification. The Contractor shall defend, N
indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead
State, Participating Entities, Purchasing Entities, along with their officers
CD
and employees ("Indemnified Party"), from and against claims, damages E
or causes of action including reasonable attorneys' fees and related costs
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arising out of the claim that the Product or its use infringes Intellectual 0
Property rights of another person or entity ("Intellectual Property Claim").
0
12.2.1 The Contractor's obligations under this section will not extend to c
any combination of the Product with any other product, system U
or method, unless the Product, system or method is: E
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12.2.1.1 provided by the Contractor or the Contractor's
subsidiaries or affiliates;
12.2.1.2 specified by the Contractor to work with the Product;
12.2.1.3 reasonably required to use the Product in its intended
manner, and the infringement could not have been 3
avoided by substituting another reasonably available
product, system or method capable of performing the
same function; or ;v
12.2.1.4 reasonably expected to be used in combination with
the Product.
0
12.2.2 The Indemnified Party shall notify the Contractor within a
reasonable time after receiving notice of an Intellectual Property a
Claim. Even if the Indemnified Party fails to provide reasonable
notice, the Contractor shall not be relieved from its obligations
unless the Contractor can demonstrate that it was prejudiced in a
defending the Intellectual Property Claim resulting in increased 0
expenses or loss to the Contractor. If the Contractor promptly L)
and reasonably investigates and defends any Intellectual g
00
Property Claim, it shall have control over the defense and M
settlement of the Intellectual Property Claim. However, the o
Indemnified Party must consent in writing for any money N
damages or obligations for which it may be responsible. z
12.2.3 The Indemnified Party shall furnish, at the Contractor's 3
reasonable request and expense, information and assistance
necessary for such defense. If the Contractor fails to vigorously E
pursue the defense or settlement of the Intellectual Property
Claim, the Indemnified Party may assume the defense or
settlement of the Intellectual Property Claim and the Contractor
shall be liable for all costs and expenses, including reasonable
attorneys' fees and related costs, incurred by the Indemnified
Party in the pursuit of the Intellectual Property Claim. E
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12.2.4 Unless otherwise set forth herein, Section 12.2 is not subject to
any limitations of liability in this Master Agreement or in any )
other document executed in conjunction with this Master
Agreement.
XIII. Insurance
CD
E
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13.1 Term. Contractor shall, during the term of this Master Agreement, 0
maintain in full force and effect, the insurance described in this section. A
Participating Entity may negotiate alternative Insurance requirements in
their Participating Addendum. 0
13.2 Class. Contractor shall acquire such insurance from an insurance carrier E
or carriers licensed to conduct business in each Participating Entity's state y
and having a rating of A-, Class VII or better, in the most recently v>i
published edition of A.M. Best's Insurance Reports. Failure to buy and
maintain the required insurance may result in this Master Agreement's
termination or, at a Participating Entity's option, result in termination of its
Participating Addendum. 3
13.3 Coverage. Coverage must be written on an occurrence basis. The
minimum acceptable limits will be as indicated below:
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13.3.1 Contractor shall maintain Commercial General Liability Q
insurance covering premises operations, independent
contractors, products and completed operations, blanket N
contractual liability, personal injury (including death), advertising
liability, and property damage, with a limit of not less than $1 ;
million per occurrence and $2 million general aggregate;
13.3.2 Contractor must comply with any applicable State Workers L
Compensation or Employers Liability Insurance requirements. a
0
13.4 Notice of Cancellation. Contractor shall pay premiums on all insurance U
policies. Contractor shall provide notice to a Participating Entity who is a o
state within five (5) business days after Contractor is first aware of o
expiration, cancellation or nonrenewal of such policy or is first aware that
cancellation is threatened or expiration, nonrenewal or expiration a
otherwise may occur. a
z
13.5 Notice of Endorsement. Prior to commencement of performance,
Contractor shall provide to the Lead State a written endorsement to the 3
Contractor's general liability insurance policy or other documentary CD
evidence acceptable to the Lead State that (1) provides that written notice E
CD
of cancellation will be delivered in accordance with the policy provisions,
and (2) provides that the Contractor's liability insurance policy will be a
L
primary, with any liability insurance of any Participating State as
N
secondary and noncontributory.
13.6 Participating Entities. Contractor shall provide to Participating States E
and Participating Entities the same insurance obligations and y
documentation as those specified in Section XIII, except the endorsement v
is provided to the applicable Participating State or Participating Entity.
13.7 Furnishing of Certificates. Contractor shall furnish to the Lead State
copies of certificates of all required insurance in a form sufficient to show
required coverage within thirty (30) calendar days of the execution of this E
Master Agreement and prior to performing any work. Copies of renewal
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certificates of all required insurance will be furnished within thirty (30) days o
after any renewal date to the applicable state Participating Entity. Failure
to provide evidence of coverage may, at the sole option of the Lead State,
or any Participating Entity, result in this Master Agreement's termination or 0
the termination of any Participating Addendum. E
13.8 Disclaimer. Insurance coverage and limits will not limit Contractor's y
liability and obligations under this Master Agreement, any Participating v
Addendum, or any Purchase Order.
XIV. General Provisions
14.1 Records Administration and Audit 3
14.1.1 The Contractor shall maintain books, records, documents, and
other evidence pertaining to this Master Agreement and Orders
placed by Purchasing Entities under it to the extent and in such
detail as will adequately reflect performance and administration
of payments and fees. Contractor shall permit the Lead State, a N
Participating Entity, a Purchasing Entity, the federal government
(including its grant awarding entities and the U.S. Comptroller
General), and any other duly authorized agent of a a
governmental agency, to audit, inspect, examine, copy and/or
transcribe Contractor's books, documents, papers and records
directly pertinent to this Master Agreement or orders placed by a c
Purchasing Entity under it for the purpose of making audits, L)
examinations, excerpts, and transcriptions. This right will survive o
for a period of six (6) years following termination of this o
Agreement or final payment for any order placed by a
Purchasing Entity against this Master Agreement, whichever is a
later, or such longer period as is required by the Purchasing a
Entity's state statutes, to assure compliance with the terms Z
hereof or to evaluate performance hereunder. 3
14.1.2 Without limiting any other remedy available to any governmental
entity, the Contractor shall reimburse the applicable Lead State, E
Participating Entity, or Purchasing Entity for any overpayments
inconsistent with the terms of the Master Agreement or Orders a
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or underpayment of fees found as a result of the examination of
the Contractor's records.
14.1.3 The rights and obligations herein exist in addition to any quality E
assurance obligation in the Master Agreement that requires the y
Contractor to self-audit contract obligations and that permits the v
Lead State to review compliance with those obligations.
14.2 Confidentiality, Non-Disclosure, and Injunctive Relief
14.2.1 Confidentiality. Contractor acknowledges that it and its
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employees or agents may, in the course of providing a Product E
under this Master Agreement, be exposed to or acquire
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information that is confidential to Purchasing Entity or 0
Purchasing Entity's clients.
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14.2.1.1 Any and all information of any form that is marked as c
confidential or would by its nature be deemed U
confidential obtained by Contractor or its employees E
or agents in the performance of this Master y
Agreement, including but not necessarily limited to (1) v
any Purchasing Entity's records, (2) personnel
records, and (3) information concerning individuals, is
confidential information of Purchasing Entity
("Confidential Information"). 3
14.2.1.2 Any reports or other documents or items (including
software) that result from the use of the Confidential E
Information by Contractor shall be treated in the same
manner as the Confidential Information. a
14.2.1.3 Confidential Information does not include information N
that (1) is or becomes (other than by disclosure by
Contractor) publicly known; (2) is furnished by ;
Purchasing Entity to others without restrictions similar
to those imposed by this Master Agreement; (3) is '-
rightfully in Contractor's possession without the
obligation of nondisclosure prior to the time of its 0
disclosure under this Master Agreement; (4) is L)
obtained from a source other than Purchasing Entity o
without the obligation of confidentiality, (5) is Go
disclosed with the written consent of Purchasing o
Entity; or (6) is independently developed by N
employees, agents or subcontractors of Contractor z
who can be shown to have had no access to the
Confidential Information. 3
14.2.2 Non-Disclosure. Contractor shall hold Confidential Information
in confidence, using at least the industry standard of
confidentiality, and shall not copy, reproduce, sell, assign,
license, market, transfer or otherwise dispose of, give, or a
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disclose Confidential Information to third parties or use y
Confidential Information for any purposes whatsoever other than
what is necessary to the performance of Orders placed under E
this Master Agreement.
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14.2.2.1 Contractor shall advise each of its employees and v
agents of their obligations to keep Confidential
Information confidential. Contractor shall use
commercially reasonable efforts to assist Purchasing
Entity in identifying and preventing any unauthorized
use or disclosure of any Confidential Information. E
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14.2.2.2 Without limiting the generality of the foregoing, o
Contractor shall advise Purchasing Entity, applicable 2
Participating Entity, and the Lead State immediately if
Contractor learns or has reason to believe that any 0
person who has had access to Confidential Information E
has violated or intends to violate the terms of this
Master Agreement, and Contractor shall at its expense
cooperate with Purchasing Entity in seeking injunctive a)
or other equitable relief in the name of Purchasing y
Entity or Contractor against any such person.
14.2.2.3 Except as directed by Purchasing Entity, Contractor 3
will not at any time during or after the term of this
Master Agreement disclose, directly or indirectly, any
Confidential Information to any person, except in L
accordance with this Master Agreement, and that upon a
termination of this Master Agreement or at Purchasing
Entity's request, Contractor shall turn over to
Purchasing Entity all documents, papers, and other
matter in Contractor's possession that embody a
Confidential Information.
14.2.2.4 Notwithstanding the foregoing, Contractor may keep 2
one copy of such Confidential Information necessary c
for quality assurance, audits, and evidence of the 0
performance of this Master Agreement.
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14.2.3 Injunctive Relief. Contractor acknowledges that Contractor's 00
breach of Section 14.2 would cause irreparable injury to the o
Purchasing Entity that cannot be inadequately compensated in N
monetary damages. Accordingly, Purchasing Entity may seek z
and obtain injunctive relief against the breach or threatened
breach of the foregoing undertakings, in addition to any other 3
legal remedies that may be available. Contractor acknowledges
and agrees that the covenants contained herein are necessary E
for the protection of the legitimate business interests of L
Purchasing Entity and are reasonable in scope and content. a
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14.2.4 Purchasing Entity Law. These provisions will be applicable y
only to extent they are not in conflict with the applicable public
disclosure laws of any Purchasing Entity.
14.2.5 NASPO ValuePoint. The rights granted to Purchasing Entities y
and Contractor's obligations under this section will also extend v>i
to NASPO ValuePoint's Confidential Information, including but
not limited to Participating Addenda, Orders or transaction data
relating to Orders under this Master Agreement that identify the
entity/customer, Order dates, line-item descriptions and
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volumes, and prices/rates. This provision does not apply to E
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disclosure to the Lead State, a Participating State, or any o
governmental entity exercising an audit, inspection, or
examination pursuant to this Master Agreement. To the extent
permitted by law, Contractor shall notify the Lead State of the 0
identity of any entity seeking access to the Confidential E
Information described in this subsection.
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14.2.6 Public Information. This Master Agreement and all related v
documents are subject to disclosure pursuant to the Lead
State's public information laws.
14.3 Assignment/Subcontracts
14.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet 3
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rights, or delegate responsibilities under this Master Agreement,
in whole or in part, without the prior written approval of the Lead
State.
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14.3.2 The Lead State reserves the right to assign any rights or duties,
including written assignment of contract administration duties, to
NASPO ValuePoint and other third parties. L
14.4 Changes in Contractor Representation. The Contractor must, within ten a
(10) calendar days, notify the Lead State in writing of any changes in the
Contractor's key administrative personnel managing the Master
Agreement. The Lead State reserves the right to approve or reject c
changes in key personnel, as identified in the Contractor's proposal. The
Contractor shall propose replacement key personnel having substantially o
equal or better education, training, and experience as was possessed by 00
the key person proposed and evaluated in the Contractor's proposal.
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14.5 Independent Contractor. Contractor is an independent contractor. N
Contractor has no authorization, express or implied, to bind the Lead Z
State, Participating States, other Participating Entities, or Purchasing
Entities to any agreements, settlements, liability or understanding 3
whatsoever, and shall not to hold itself out as agent except as expressly CD
set forth herein or as expressly set forth in an applicable Participating E
Addendum or Order.
14.6 Cancellation. Unless otherwise set forth herein, this Master Agreement
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may be canceled by either party upon sixty (60) days' written notice prior
to the effective date of the cancellation. Further, any Participating Entity
may cancel its participation upon thirty (30) days' written notice, unless E
otherwise limited or stated in the Participating Addendum. Cancellation y
may be in whole or in part. Any cancellation under this provision will not v
affect the rights and obligations attending Orders outstanding at the time a)
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of cancellation, including any right of a Purchasing Entity to
indemnification by the Contractor, rights of payment for Products delivered
and accepted, rights attending any warranty or default in performance in
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association with any Order, and requirements for records administration E
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and audit. Cancellation of the Master Agreement due to Contractor default 0
may be immediate.
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14.7 Force Majeure. Neither party to this Master Agreement shall be held c
responsible for delay or default caused by fire, riot, unusually severe U
weather, other acts of God, or acts of war which are beyond that party's E
reasonable control. The Lead State may terminate this Master Agreement y
upon determining such delay or default will reasonably prevent successful v
performance of the Master Agreement.
14.8 Defaults and Remedies
14.8.1 The occurrence of any of the following events will be an event of 3
default under this Master Agreement:
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14.8.1.1 Nonperformance of contractual requirements; E
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14.8.1.2 A material breach of any term or condition of this
Master Agreement;
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14.8.1.3 Any certification, representation or warranty by
Contractor in response to the solicitation or in this
Master Agreement that proves to be untrue or a
materially misleading;
14.8.1.4 Institution of proceedings under any bankruptcy, 2
insolvency, reorganization or similar law, by or against c
Contractor, or the appointment of a receiver or similar 0
officer for Contractor or any of its property, which is o
not vacated or fully stayed within thirty (30) calendar Q
days after the institution or occurrence thereof; or
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14.8.1.5 Any default specified in another section of this Master N
Agreement. z
14.8.2 Upon the occurrence of an event of default, the Lead State shall
issue a written notice of default, identifying the nature of the
default, and providing a period of fifteen (15) calendar days in E
which Contractor shall have an opportunity to cure the default. CD
The Lead State shall not be required to provide advance written a
notice or a cure period and may immediately terminate this
Master Agreement in whole or in part if the Lead State, in its y
sole discretion, determines that it is reasonably necessary to
preserve public safety or prevent immediate public crisis. Time E
allowed for cure will not diminish or eliminate Contractor's 4)
liability for damages, including liquidated damages to the extent
provided for under this Master Agreement.
14.8.3 If Contractor is afforded an opportunity to cure and fails to cure ;
the default within the period specified in the written notice of
default, Contractor shall be in breach of its obligations under this CD
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Master Agreement and the Lead State shall have the right to 0
exercise any or all of the following remedies:
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14.8.3.1 Any remedy provided by law; c
14.8.3.2 Termination of this Master Agreement and any related U)
Contracts or portions thereof;
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14.8.3.3 Assessment of liquidated damages as provided in this
Master Agreement;
14.8.3.4 Suspension of Contractor from being able to respond
to future bid solicitations;
14.8.3.5 Suspension of Contractor's performance; and 3
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14.8.3.6 Withholding of payment until the default is remedied.
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14.8.4 Unless otherwise specified in the Participating Addendum, in the
event of a default under a Participating Addendum, a a
Participating Entity shall provide a written notice of default as
described in this section and shall have all of the rights and
remedies under this paragraph regarding its participation in the
Master Agreement, in addition to those set forth in its a
Participating Addendum. Unless otherwise specified in an
Order, a Purchasing Entity shall provide written notice of default
as described in this section and have all of the rights and c
remedies under this paragraph and any applicable Participating 0
Addendum with respect to an Order placed by the Purchasing o
Entity. Nothing in these Master Agreement Terms and Q
Conditions will be construed to limit the rights and remedies
available to a Purchasing Entity under the applicable a
commercial code.
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14.9 Waiver of Breach. Failure of the Lead State, Participating Entity, or
Purchasing Entity to declare a default or enforce any rights and remedies 3
will not operate as a waiver under this Master Agreement, any
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Participating Addendum, or any Purchase Order. Any waiver by the Lead E
State, Participating Entity, or Purchasing Entity must be in writing. Waiver
by the Lead State or Participating Entity of any default, right or remedy a
under this Master Agreement or Participating Addendum, or by
Purchasing Entity with respect to any Purchase Order, or breach of any
terms or requirements of this Master Agreement, a Participating
Addendum, or Purchase Order will not be construed or operate as a E
waiver of any subsequent default or breach of such term or requirement,
or of any other term or requirement under this Master Agreement, any )
Participating Addendum, or any Purchase Order.
14.10 Debarment. The Contractor certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared
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ineligible, or voluntarily excluded from participation in public procurement E
or contracting by any governmental department or agency. This
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certification represents a recurring certification made at the time any Order o
is placed under this Master Agreement. If the Contractor cannot certify this
statement, attach a written explanation for review by the Lead State.
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14.11 No Waiver of Sovereign Immunity U
14.11.1 In no event will this Master Agreement, any Participating
Addendum or any contract or any Purchase Order issued
thereunder, or any act of the Lead State, a Participating Entity, 0
or a Purchasing Entity be a waiver of any form of defense or y
immunity, whether sovereign immunity, governmental immunity,
immunity based on the Eleventh Amendment to the Constitution
of the United States or otherwise, from any claim or from the 3
jurisdiction of any court.
14.11.2 This section applies to a claim brought against the Participating
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Entities who are states only to the extent Congress has a
appropriately abrogated the state's sovereign immunity and is
not consent by the state to be sued in federal court. This N
section is also not a waiver by the state of any form of
immunity, including but not limited to sovereign immunity and ;
immunity based on the Eleventh Amendment to the
Constitution of the United States. '-
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14.12 Governing Law and Venue a
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14.12.1 The procurement, evaluation, and award of the Master L)
Agreement will be governed by and construed in accordance o
with the laws of the Lead State sponsoring and administering o
the procurement. The construction and effect of the Master
Agreement after award will be governed by the law of the state a
serving as Lead State. The construction and effect of any a
Participating Addendum or Order against the Master Agreement z
will be governed by and construed in accordance with the laws 3
of the Participating Entity's or Purchasing Entity's state.
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14.12.2 Unless otherwise specified in the RFP, the venue for any E
protest, claim, dispute or action relating to the procurement,
evaluation, and award is in the state serving as Lead State. a
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Venue for any claim, dispute or action concerning the terms of
the Master Agreement will be in the state serving as Lead State.
Venue for any claim, dispute, or action concerning any Order
placed against the Master Agreement or the effect of a
Participating Addendum will be in the Purchasing Entity's state.
14.12.3 If a claim is brought in a federal forum, then it must be brought
and adjudicated solely and exclusively within the United States
District Court for (in decreasing order of priority): the Lead State
for claims relating to the procurement, evaluation, award, or
contract performance or administration if the Lead State is a E
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8.E.b
party; a Participating State if a named party; the state where the 0
Participating Entity or Purchasing Entity is located if either is a
named party.
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14.13 Assignment of Antitrust Rights. Contractor irrevocably assigns to a U
Participating Entity who is a state any claim for relief or cause of action E
which the Contractor now has or which may accrue to the Contractor in y
the future by reason of any violation of state or federal antitrust laws (15 v
U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now
in effect and as may be amended from time to time, in connection with any
goods or services provided in that state for the purpose of carrying out the
Contractor's obligations under this Master Agreement or Participating 3
Addendum, including, at the Participating Entity's option, the right to
control any such litigation on such claim for relief or cause of action.
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14.14 Survivability. Unless otherwise explicitly set forth in a Participating
Addendum or Order, the terms of this Master Agreement as they apply to Q
the Contractor, Participating Entities, and Purchasing Entities, including
but not limited to pricing and the reporting of sales and payment of
administrative fees to NASPO ValuePoint, shall survive expiration of this
Master Agreement and shall continue to apply to all Participating Addenda a
and Orders until the expiration thereof.
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ATTACHMENT 6
VENDOR COST PROPOSAL
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NASPO VALUEPOINT MASTER AGREEMENT
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12. ACCESS CONTROL SYSTEMS (CATEGORY 12) r
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12.1. ACCESS CONTROL SYSTEMS Unit Rate
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12.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 3
12.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00
12.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
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12.1.5. Repair Telephone Support Per Hour $115.00 °1
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12.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00 M
12.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00 a
12.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
12.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00
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12.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies °
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12.1.11. Monitoring/Maintenance Option B %of system cost Varies
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12.1.12. Materials Mark up % of contractor cost 25.00% o
12.1.13. Subcontractor Mark up % of contractor cost 25.00% 0
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12.2.1. Consulting Per Hour $200.00 3
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12.2.2. Project Manager/ Project Engineer Per Hour $180.00
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12.2.3. Systems Engineer/ Programmer Per Hour $160.00
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12.2.4. Project Account/Assistant Per Hour $100.00 Q
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12.2.5. CAD/ BIM/ Designer Per Hour $98.00 y
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12.2.6. Bonds & Permits At Cost $ -
12.2.7. Travel & Expenses Cost plus 5% $ - E
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12.2.8. Rentals Cost plus 5% $ -
12.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ -
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13. BURGLAR ALARM SYSTEMS (CATEGORY 13)
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13.1. BURGLAR ALARM SYSTEMS Unit Rate a
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13.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 v
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13.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
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13.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
13.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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13.1.5. Repair Telephone Support Per Hour $115.00
13.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00
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13.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00
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13.1.12. Materials Mark up % of contractor cost 25.00% �
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13.2.7. Travel & Expenses Cost plus 5% $ -
13.2.8. Rentals Cost plus 5% $ -
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14. SURVEILLANCE SERVICES AND EQUIPMENT (CATEGORY 14)
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14.1. SURVEILLANCE SERVICES AND EQUIPMENT Unit Rate a
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14.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
14.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
14.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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14.1.5. Repair Telephone Support Per Hour $115.00
14.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00
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14.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00
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14.1.13. Subcontractor Mark up %of subcontractor cost 25.00% >
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14.2.4. Project Account/Assistant Per Hour $100.00
14.2.5. CAD/ BIM/ Designer Per Hour $98.00 z
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14.2.6. Bonds & Permits At Cost $ - 3
14.2.7. Travel & Expenses Cost plus 5% $ -
14.2.8. Rentals Cost plus 5% $ -
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14.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ - a'
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NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART III CONFIDENTIAL FINANCIAL INFORMATION DR►
SECURITY DESIGN-BUIEU SERME
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15. HIGH SECURITY CONTROL SYSTEMS (CATEGORY 15)
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15.1. HIGH SECURITY CONTROL SYSTEMS Unit Rate a
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15.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 v
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15.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
15.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
15.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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15.1.5. Repair Telephone Support Per Hour $115.00
15.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00
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15.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00
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15.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 aEi
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15.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00 a,
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15.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies
15.1.11. Monitoring/Maintenance Option B %of system cost Varies M
15.1.12. Materials Mark up % of contractor cost 25.00% �
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15.1.13. Subcontractor Mark up %of subcontractor cost 25.00% >
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15.2. Other Labor Categories Unit Rate
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(cannot exceed max rate above): o
15.2.1. Consulting Per Hour $200.00 L)
15.2.2. Project Manager/ Project Engineer Per Hour $180.00 c
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15.2.3. Systems Engineer/ Programmer Per Hour $160.00
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15.2.4. Project Account/Assistant Per Hour $100.00
15.2.5. CAD/ BIM/ Designer Per Hour $98.00 z
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15.2.6. Bonds & Permits At Cost $ - 3
15.2.7. Travel & Expenses Cost plus 5% $ -
15.2.8. Rentals Cost plus 5% $ -
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15.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ - a'
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ATTACHMENT C - RFP 99SWC-S 1820
INSURANCE SCHEDULE
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INSURANCE SCHEDULE
1. MINIMUM SCOPE AND LIMITS OF INSURANCE.Consultant shall provide coverage with limits of liability o
not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the
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minimum liability requirements provided that the coverage is written on a"following form"basis. c
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1.1. COMMERCIAL GENERAL LIABILITY—OCCURRENCE FORM 0
1.1.1. Policy shall include bodily injury,property damage and broad form contractual liability coverage. E
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A. General Aggregate-............................ v,
$2,D00,000 U)
B. Products—Completed Operations Aggregate................................................................... ..................$1,000,000 0
C. Personal and Advertising Injury $1,000,000 V
D. Each Occurrence.................. ............................................................... ............... ........ .......$1,000,000
1.1.2. The policy shall be endorsed to include the following additional insured language: "The State of Nevada shall be r
named as an additional insured with respect to liability arising out of the activities performed by,or on behalf of the
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Contractor", c
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1.2. AUTOMOTIVE LIABILITY y
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1.2.1. Bodily Injury and Property Damage for any owned, hired,and non-owned vehicles used in the performance of this Q
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Contract, �
A. Combined Single Limit(CSL).............................................................................................................$1,000,000 t
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1.2.2. The policy shall be endorsed to include the following additional insured language: "The State of Nevada shall be a
named as an additional insured with respect to liability arising out of the activities performed by,or on behalf of the >
Contractor, including automobiles owned,leased,hired or borrowed by the Contractor".
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1.3. WORKERS' COMPENSATION AND EMPLOYERS'LIABILITY 0
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1.3.1, Workers'Compensation................................................................................................................................Statutory
1.3.2. Employers'Liability c
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A. Each Accident.........................................................................................................................................$100,000 0
B. Disease--Each Employee.......................................................................................................................$100,000 a
C. Disease—Policy Limit........................................ ............ .....................$500,000
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13,3. Policy shall contain a waiver of subrogation against the State of Nevada. r
13.4. This requirement shall not apply when a contractor or subcontractor is exempt under N.R.S., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver form.
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1.4, PROFESSIONAL LIABILITY(ERRORS AND OMISSIONS LIABILITY) m
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1.4.1. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Q
Services of this contract.
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A. Each Claim...........................................................................................................................................$1,000,000
B. Annual Aggregate................................................................................................................................$2,000,000
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1.4.2. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, N
Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract;and c)
that either continuous coverage will be maintained,or an extended discovery period will be exercised for a period 0
of two(2)years beginning at the time work under this Contract is completed. t,
1.5. NETWORK SECURITY(CYBER)AND PRIVACY LIABILITY
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A. Per Occurrence.....................................................................................................................................$1,000,000 E
B. Annual Aggregate................................................................................................................................$2,000,000
1.6. Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance Q
requirements.
Packet Pg. 132
8.E.b
INSURANCE SCHEDULE
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2. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity
who is a state within five(5)business days after Contractor is first aware of expiration,cancellation or nonrenewal f°
of such policy or is first aware that cancellation is threatened or expiration,nonrenewal or expiration otherwise may a
occur, 0
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3. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the E
Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that(1) N
navies the Participating States identified in the Request for Proposal as additional insureds,(2)provides that written
notice of cancellation shall be delivered in accordance with the policy provisions, and (3) provides that the m
Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as V
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secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating N
Entities' rights and Contractor's obligations are the same as those specified in the first sentence of this subsection
except the endorsement is provided to the applicable state. r
4. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show r-
required coverage within thirty(30)calendar days of the execution of this Master Agreement and prior to performing E
any work.Copies of renewal certificates of all required insurance shall be furnished within thirty(30)days after any ar
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renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole
option of the Lead State,or any Participating Entity,result in this Master Agreement's termination or the termination Q
of any Participating Addendum,
5. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any t
Participating Addendum,or any Purchase Order.
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ATTACHMENT D y
SOLICITATION 99SWC-S 1820
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STATE OF NEVADA
DEPARTMENT OF ADMINISTRATION w
Purchasing Division
515 East Musser Street,Suite 300 I Carson City,NV 89701
Phone: 775-684-0170 I Fax:775-684-0188 3
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Nevada Request for Proposal: 99SWC-S1820
For
NASPO ValuePoint Master Agreements for Q
Security and Fire Protection Services
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NASPO 2-
ValuePoint
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Release Date: 12/21/2022 0
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Deadline for Submission and Opening Date and Time: 02/23/2023 @ 2:00 pm Pacific Time U
Refer to Proposal Timeline and Submission Requirements for complete RFP schedule and submission instructions c
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Single point of contact for the RFP: M
Nancy Feser a
Email Address,nfeser e admin.nv.gov co
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(TTY for Deaf and Hard of Hearing,800-326-6868 z
Ask the relay agent to dial, 1-775-515-5173/V.) 3
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TABLE OF CONTENTS E
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1. APPLICABLE REGULATIONS GOVERNING PROCUREMENT...........................................................................2
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2. PROJECT OVERVIEW................................................................................................................................................2 L
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3. SCOPE OF WORK.......................................................................................................................................................3 N
4. COST PROPOSAL.......................................................................................................................................................3
5. ATTACHMENTS.........................................................................................................................................................4 w
6. TIMELINE....................................................................................................................................................................4 E
7. EVALUATION PROCESS...........................................................................................................................................5
8. MANDATORY MINIMUM REQUIREMENTS.........................................................................................................6 y
9. CRITICAL ITEMS........................................................................................................................................................7
10. SUBMISSION CHECKLIST......................................................................................................................................10
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1. APPLICABLE REGULATIONS GOVERNING PROCUREMENT
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1.1. All applicable Nevada Revised Statutes(NRS)and Nevada Administrative Code(NAC)documentation can be found L.
at:www.leg.state.nv.us/lawl.cfm. U
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1.2. Prospective vendors are advised to review Nevada ethical standards requirements, including but not limited to NRS
281A,NRS 333.800,and NAC 333.155. y
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2. PROJECT OVERVIEW
2.1. PURPOSE
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2.1.1. The State of Nevada,Purchasing Division(Lead State)is requesting proposals for Security&Fire Protection Services 3
in furtherance of the NASPO ValuePoint Cooperative Purchasing Program.The purpose of this Request for Proposals c
(RFP) is to establish Master Agreements with qualified vendors to provide Security&Fire Protection Services and E
related equipment for all Participating Entities. The objective of this RFP is to obtain best value, and in some cases
achieve more favorable pricing, than is obtainable by an individual state or local government entity because of the
collective volume of potential purchases by numerous state and local government entities. The Master Agreement(s) Q
resulting from this procurement may be used by state governments (including departments, agencies, institutions),
institutions of higher education,political subdivisions(i.e.,colleges,school districts,counties,cities,etc.),the District
of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state
procurement director and compliance with local statutory and regulatory provisions. The initial term of the master
agreement shall be five(5)years,with two(2)option periods of two(2)years each,following renewal provisions as a
outlined in Section II of NASPO ValuePoint Master Agreement Terms and Conditions. >
2.1.2. It is anticipated that this RFP may result in Master Agreement awards to multiple contractors,in the discretion of the
Lead State. `m
2.1.3. This RFP is designed to provide interested vendors with sufficient information to submit proposals meeting minimum c
requirements but is not intended to limit proposal content or exclude any relevant or essential data. Offerors are V
encouraged to expand upon the specifications to add service and value consistent with state requirements. c
2.1.4. While the intent is to provide contracts that are available nationwide, the Lead State will consider proposals on a
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regional or individual state basis.Small businesses,women owned businesses,minority owned businesses,and veteran
owned businesses are encouraged to propose. O
2.1.5. Multistate use of an award is subject to the approval of the NASPO ValuePoint Executive Council. Awards not 0.
approved by NASPO ValuePoint may, at the option of the Lead State, result in a contract for use by the Lead State Q
only.Awards and Master Agreements may be approved in whole or in part.Offeror agrees to hold the Lead State and Z
NASPO harmless and release the Lead State and NASPO from any liability for damages arising from non-award or
non-execution of a contract. 3
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2.2. LEAD STATE, SOLICITATION NUMBER,AND LEAD STATE CONTRACT ADMINISTRATOR E
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2.2.1. The State of Nevada Purchasing Division is the Lead State and issuing office for this document and all subsequent Q
addenda relating to it.
2.2.2. The reference number for the Solicitation is 99SWC-S1820. This number must be referenced on all proposals, °r
correspondence,and documentation relating to the RFP. M
2.2.3. The Lead State Contract Administrator identified on page 1 is the single point of contact during this procurement
process.Vendors and interested persons shall direct to the Lead State Contract Administrator all questions concerning E
procurement process, technical requirements, contractual requirements, requests for brand approval, changes, N
clarifications, protests, award process, and any other questions that may arise related to this solicitation and the
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resulting Master Agreement(s). m
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2.3. DEFINITIONS.The following definitions apply to this solicitation.NASPO ValuePoint Master Agreement Terms and
Conditions also contains definitions of terms used in this solicitation.
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2.3.1. Lead State means the state conducting this cooperative procurement,evaluation,and award. d
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2.3.2. Offeror means a person,company,or firm who submits a proposal in response to this Request for Proposal.
2.3.3. Proposal means the official written response submitted by an Offeror in response to this Request for Proposal. M
2.3.4. Request for Proposals or RFP means the entire solicitation document, including all parts, sections, exhibits, Q
attachments,and addenda.
Security and Fire Protection Page 2 of 10 9 Packet Pg. 136
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2.3.5. Vendor has the same meaning as Offeror. 0
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2.4. BACKGROUND. NASPO ValuePoint is a division of the National Association of State Procurement Officials `0
("NASPO"), a 501(c)(3) corporation dedicated to strengthening the procurement community through education, Q'
research, and communication.NASPO is made up of the directors of the central purchasing offices in each of the 50 U
states,the District of Columbia,and the territories of the United States.NASPO ValuePoint facilitates administration
of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state
departments,institutions,agencies,and political subdivisions and other eligible entities(i.e.,colleges,school districts,
counties,cities,some nonprofit organizations,etc.)for all states,the District of Columbia,and territories of the United Cn
States.For more information please see:www.naspovaluepoint.org and www.naspo.org.
2.5. PARTICIPATING STATES. In addition to the Lead State conducting this solicitation, the following Participating
States have requested to be named in this RFP as potential users of the resulting Master Agreement: Hawaii,Illinois,
Maine,Missouri,Montana,New Mexico, South Dakota,Utah Other entities may become Participating Entities after 3
award of the Master Agreement.Some States may have included special or unique terms and conditions for their state, c
which are being provided as a courtesy to offerors to indicate which additional terms and conditions may be
incorporated into the state Participating Addendum after award of the Master Agreement. The Lead State will not
address questions or concerns or negotiate other states'terms and conditions.Participating States shall negotiate these
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terms and conditions directly with a contractor following award of a Master Agreement. State-specific terms and Q
conditions are included as attachments.
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2.6. ANTICIPATED USAGE
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2.6.1. The historical three(3)year usage data from the current contracts are: a
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A. Fire Services=$242,402.99 i
B. Security Services=$41,484,096.88
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2.6.2. No minimum or maximum level of sales volume is guaranteed or implied. U
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3. SCOPE OF WORK
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3.1. Offerors shall demonstrate in their Proposal how they meet or exceed the requirements of each section of the Scope p
of Work attachment.Offerors shall show each requirement and its response in their Proposal. a
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3.2. No part of the resulting contract from this solicitation may be performed offshore of the United States, by persons Z
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located offshore of the United States or by means, methods, or communications that, in whole or in part,take place 3
offshore of the United States. +,
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4. COST PROPOSAL E
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4.1. The primary objective of this RFP is to provide national coverage of security and fire protection services. The costs Q
proposed by each Offeror providing national coverage and offering service to all states("nationwide Offeror") shall
represent the maximum, not-to-exceed costs, subject to Subsection 4.5.2, that may be charged to any state or N
Participating Entity in the country and will be evaluated against the costs proposed by other nationwide Offerors. M
Nationwide Offerors awarded a Master Agreement may execute Participating Addenda with Participating Entities in w
any state or U.S.territory. E
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4.2. An Offeror providing less than national coverage(a"state-by-state Offeror")may still be considered for award of aCn
Master Agreement on a state-by-state basis. State-by-state Offerors must provide service to,and costs for,a minimum 4)
of one state and must service the entire state for each state proposed.The costs proposed by each state-by-state Offeror w
for each state will be evaluated against both nationwide Offerors and all other state-by-state Offerors providing 0
coverage in that state. State-by-state Offerors awarded a Master Agreement may execute Participating Addenda only
with Participating Entities in the state(s)the state-by-state Offeror is awarded.
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4.3. Cost proposals will be evaluated independent of the technical evaluation.Cost proposal must be submitted to the Lead
State as a separate document in a vendor Proposal.Do not embed cost proposal in the technical proposal response.
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4.4. Offeror shall provide detailed costs for all costs associated with the responsibilities and related services, per Cost
Security and Fire Protection Page 3 of 10 9 Packet Pg. 137
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Schedule Attachment. 0
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4.5. INSTRUCTIONS Lo
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4.5.1. Offeror must submit cost, prices and rates as required in Cost Schedule. No other cost format will be accepted. U
Offeror's proposed costs must be inclusive of all fees and charges, including but not limited to fees or charges for E
shipping, delivery, credit card payments, and personnel. All costs proposed by Offeror must also be inclusive of the
NASPO ValuePoint administrative fee.Proposed costs incorporated into a Master Agreement resulting from this RFP
represent not-to-exceed pricing and minimum discounts,where applicable. Except as permitted in Subsection 4.5.2, Cn
pricing offered to Participating Entities and Purchasing Entities must be no higher than pricing set forth in the Master 0)
Agreement. w
4.5.2. A Participating Addendum may also require payment of an additional administrative fee by Contractors to a
Participating Entity based on sales to Purchasing Entities within the jurisdiction of the Participating Entity. Unless
otherwise negotiated by the Participating Entity, Contractor may adjust the Master Agreement pricing incorporated .3
into the Participating Entity's Participating Addendum by an amount not-to-exceed the Participating Entity's fee.Such c
adjustments will have no effect on the NASPO ValuePoint administrative fee,pricing in the Master Agreement, or
pricing offered to Purchasing Entities outside the jurisdiction of the Participating Entity. m
4.5.3. All parts,supplies,and equipment will be provided at offeror cost plus the fixed materials mark-up proposed.Receipts
for materials may be required by Purchasing Entity to document offeror cost. Q
4.5.4. Vendor can agree to rates lower than those proposed with a Participating Entity in a Participating Addenda, service
agreement,or project quote. W
4.5.5. Inspection and Monitoring includes inspection and monitoring of fire extinguishing systems, fire sprinkler systems,
alarm monitoring, and fire alann/protective signaling for offerors who provide those services but not
installation/repair. a
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5. ATTACHMENTS M
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5.1. ATTACHMENTS FOR REVIEW.To be read and not returned,unless submitting suggested redlines. c
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5.1.1. State of Nevada Terms and Conditions for Services
5.1.2. NASPO ValuePoint Master Agreement Terms and Conditions 0
5.1.3. Insurance Schedule
5.1.4. NASPO ValuePoint Master Reporting O
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5.2. PROPOSAL ATTACHMENTS. To be completed and returned. Q
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5.2.1. 99SWC-S1820 Scope of Work
5.2.2. 99SWC-S1820 Cost Schedule 3
5.2.3. Proposed Staff Resume
5.2.4. Reference Questionnaire E
5.2.5. Attachments for Signature i
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A. Vendor Information Response Q
B. Vendor Certifications
C. Certification Regarding Lobbying M
D. Confidentiality and Certification of Indemnification
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6. TIMELINE
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6.1. All questions regarding this RFP shall be submitted using the Bid Q&A feature in NevadaEPro by the deadline below. 4)
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6.2. The following represents the proposed timeline for this project.
6.2.1. All times stated are Pacific Time(PT).
6.2.2. These dates represent a tentative schedule of events. E
6.2.3. The Lead State reserves the right to modify these dates at any time.
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A. Deadline for Questions..................................................................................No later than 5:00 pm on 01/11/2023 Q
B. Answers Posted..................................................................................................................On or about 01/19/2023
Security and Fire Protection Page 4 of 10 9 Packet Pg. 138
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C. Deadline for References................................................................................No later than 5:00 pm on 02/22/2023 0
D. Deadline Proposal Submission and Opening.................................................No later than 2:00 pm on 02/23/2023
E. Evaluation Period(estimated)..........................................................................................02/23/2023—03/21/2023 `0
F. Evaluation Sourcing Team Meeting .............................................................03/21/2023—03/23/2023 c
G. NASPO Executive Council Award Review(estimated) ...................................................On or about 03/29/2023 U
H. Notice of Intent(estimated) .............................................................................................. On or about 03/30/2023 w
I. Notice of Award(estimated)..............................................................................................On or about 04/06/2023
7. EVALUATION PROCESS U
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7.1. Proposal evaluation and scoring is conducted in accordance with NRS 333.335 and NAC 333.160-333.165. w
7.1.1. Proposals shall be kept confidential until a contract is awarded.
7.1.2. In the event the RFP is withdrawn prior to award,proposals remain confidential. 3
7.1.3. The evaluation committee is an independent committee established to evaluate and score proposals submitted in c
response to the RFP.
7.1.4. Financial stability shall be scored on a pass/fail basis.
7.1.5. The Lead State, at its option,may limit eligibility for award to offerors above a natural break in the technical scores
and/or combined technical and cost scores. Q
7.1.6. SOW categories will be evaluated and considered for award separately.
7.1.7. Each evaluation committee member will score each technical evaluation factor on a 0-10 scale.After technical scores N
are finalized, individual scores will be averaged together to create a single 0-10 score for each technical evaluation
factor.
7.1.8. Each 0-10 evaluation factor will be multiplied by the relative weight to create a weighted score,and then the weighted a
scores for each evaluation factor are added together to for the total score of a proposal for the individual category.
7.1.9. Proposals shall be consistently evaluated and scored based upon the following factors and relative weights.
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A. Demonstrated Competence...................................................................................................................................20 0
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B. Experience in Performance of Comparable Engagements...................................................................................20 U
C. Conformance with the Terms of This RFP...........................................................................................................10
D. Reporting..............................................................................................................................................................20
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E. Cost:For Categories 1 through 7 and 10 through 16 in the Cost Schedule: 0
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1. Average of Labor and Support Rates(average of items 1 through 9)...........................................................20 Q
2. Materials Mark-up(item 12).........................................................................................................................10 Z
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F. Cost:For Category 8 in the Cost Schedule: 3
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1. Average of Labor and Support Rates(average of items 1 through 7)...........................................................15 E
2. Materials Mark-up(item 12)...........................................................................................................................5 i
3. Average of Extinguisher and Dry Chemical Cylinder services Rates(items 14 through 26).......................10
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G. Cost:For Category 9 in the Cost Schedule:
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1. Average of Labor and Support Rates(average of items 1 through 5 15 2
2. Materials Mark-up(item 8).............................................................................................................................5 E
3. Average of Extinguisher and Dry Chemical Cylinder services Rates items 10 through 18 10 r
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7.2. COST SCORING m
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7.2.1. The price proposed for each line item will be evaluated based on the following formula to create a cost score.
A. The formula for calculating cost points earned for Proposed Costs for Average of Labor and Support Rates is
Lowest Cost/Offeror's Cost x Cost Points Possible. E
B. The formula for calculating cost points earned for Proposed Mark-ups for Materials Mark-ups is Lowest Mark-
up/Offeror's Mark-up x Cost Points Possible. M
C. The formula for calculating cost points earned for Proposed Costs for Average of Extinguisher and Dry Q
Chemical Cylinder Services is Lowest Cost/Offeror's Cost x Cost Points Possible.
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7.2.2. The cost score for"Average of Labor and Support Rates"will be a number between 0 and 20 for Categories 1 through
7 and 10 through 16;and 0 and 15 for Categories 8 and 9. `0
7.2.3. The cost score for"Materials Mark-up"will be a number between 0 and 10 for Categories 1 through 7 and 10 through c
16;0 and 5 for Categories 8 and 9. U
7.2.4. The cost score for"Average of Extinguisher and Dry Chemical Cylinder Services"will be a number between 0 and E
10 for Categories 8 and 9.
7.2.5. Additional non-itemized pricing in the"Other Labor Categories"will not be scored. y
7.2.6. The Lead State reserves the right to modify this formula,and/or assign a nominal value to"0"cost values,if application Cn
of the formula results in an error,negative points,or an unreasonably skewed distribution of points.
7.2.7. At the Lead State's discretion,total cost scores may be normalized and scaled to award the offeror earning the highest w
total cost score by category the maximum number of cost points possible.
7.2.8. In addition to the cost evaluation described above,all costs,including all costs to which a vendor's proposed markup
or discount is to be applied,may also be subject to an independent review for reasonableness by the Lead State.Costs 3
determined not to be reasonable or best-value by the Lead State may result in all or part of Offeror's proposal being c
rejected,regardless of the results of the cost evaluation.
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7.3. PRESENTATIONS
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7.3.1. Following the evaluation and scoring process specified above,the Lead State reserves the right to require offerors to
make a presentation of their proposal to the evaluation committee or other staff, as applicable. If presentations are W
elected by the Lead State,evaluation criteria will be disclosed for the same as necessary.
7.3.2. The Lead State, at its option,may limit participation in offeror presentations to vendors above a natural break in the
relative scores from technical and cost scores. a
7.3.3. Following the presentations, the combined technical, cost, and presentation scores will become the final score for a
proposal.
7.3.4. The Lead State reserves the right to add additional criteria or presentations. Q.
7.3.5. The Lead State reserves the right to forego offeror presentations and select offeror(s)based on the written proposals 0
submitted. V
7.4. AWARD
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7.4.1. Award shall be made to the Offeror(s)whose proposal is the most advantageous to the State of Nevada and NASPO 0
ValuePoint,taking into consideration price and the other evaluation factors set forth in this Request for Proposal. a
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8. MANDATORY MINIMUM REQUIREMENTS Z
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8.1. Pursuant to NRS 333.311 a contact cannot be awarded to a proposal that does not comply with the requirements listed 3
in this section. Offeror will confirm that they will comply with each of the requirements in section 8 as reflected
herein. E
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8.2. NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339, any contract that is entered into may not: Q
(1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or
heard in another state or nation;or(2)Require the State to indemnify another party against liability for damages. This °r
requirement is applicable to a Master Agreement executed under this solicitation. Each Participating Addendum will M
be subject to the laws required by the Participating Entity. w
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8.3. NON-APPROPRIATION. The continuation of a contract beyond the current biennium is subject to and contingent
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upon sufficient funds being appropriated,budgeted,and otherwise made available by state legislature(s)and/or federal >%
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sources.The Lead State may terminate a contract,and contractor waives any and all claims(s)for damages,effective m
immediately upon receipt of written notice (or any date specified therein) if for any reason the contracting agency
funding from state and/or federal sources is not appropriated or is withdrawn,limited,or impaired.
8.4. NO BOYCOTT OF ISRAEL.Pursuant to NRS 333.338,the State of Nevada cannot enter a contract with a company
unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a E
proposal or bid,vendor agrees that if it is awarded a contract, it will not engage in a boycott of Israel as defined in
NRS 333.338(3)(a). M
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8.5. CONTRACT RESPONSIBILITY.Awarded vendor shall be the sole point of contract responsibility. The Lead State
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shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an p
award based on this RFP, and the awarded vendor shall not be relieved for the non-performance of any or all
subcontractors. Lo
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8.6. DATA ENCRYPTION. Confirm offeror will comply with Lead State IT requirement that data be encrypted in transit 0
and in rest. w
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8.7. STATESIDE DATA.Confirm offeror will comply with Lead State IT requirement that data assets must be maintained
stateside,and data will not be held offshore. W
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8.8. NEVADA BUSINESS LICENSE.Pursuant to NRS 353.007,prior to contract execution awarded vendor must hold a w
Nevada State business license pursuant to NRS chapter 76 unless exempted by NRS 76.100(7)(b).
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8.9. DISCLOSURE. Each offeror shall include in its proposal a complete disclosure of any alleged significant prior or ;
ongoing contract failures,contract breaches,any civil or criminal litigation or investigations pending which involves c
the offeror or in which the offeror has been judged guilty or liable. d
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9. CRITICAL ITEMS
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9.1. In addition to the Scope of Work and other attachments,the items listed in this section are critical to the success of the
project.These items will be used in evaluating and scoring the proposal.Offeror proposal should address items in this
section in enough detail to provide evaluators an accurate understanding of offeror capabilities. Proposals that fail to
sufficiently respond to these items may be considered non-responsive.
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9.2. NASPO ValuePoint MASTER AGREEMENT STATEMENT OF COMPLIANCE >
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9.2.1. NASPO ValuePoint Master Agreement(s) resulting from this RFP will constitute the final agreement except for Q.
negotiated terms and conditions specific to a Participating Addendum for a Participating Entity. c
9.2.2. The Master Agreement will include,but not be limited to,the attached NASPO ValuePoint Master Agreement Terms V
and Conditions and Lead State specific terms and conditions required to execute a master agreement,99SWC-S1820 0
Scope of Work, and selected portions of the offeror Proposal. 0
9.2.3. Offerors must include a statement in their Proposal that they have read and understand all terms and conditions and
will comply fully. O
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9.3. NASPO ValuePoint ADMINISTRATIVE FEE AND REPORTING REQUIREMENTS Q
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9.3.1. To be eligible for award,the vendor agrees to pay a NASPO ValuePoint administrative fee as specified in Section 6 r
of the NASPO ValuePoint Master Agreement Terms and Conditions.Moreover,specific summary and detailed usage 3
reporting requirements are prescribed by Section 7 of NASPO ValuePoint Master Agreement Terms and Conditions.
9.3.2. Contractor will be required to provide reporting contact within 15 days of Master Agreement execution. This E
information must be kept current during the contract period. i
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9.4. PROMOTION OF THE NASPO ValuePoint MASTER AGREEMENT Q
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9.4.1. The NASPO ValuePoint Master Agreement Terms and Conditions include program provisions governing participation M
in the cooperative, reporting and payment of administrative fees, and marketing/education relating to the NASPO w
ValuePoint cooperative procurement program.In this regard, E
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A. Describe experience working with contracting cooperatives.
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B. List the cooperatives through which you currently have a contract and provide sales volume information for
each.Identify any restrictions on pricing and sales imposed by your other cooperative contracts.
C. Describe how you intend to market your Master Agreement and encourage participation among potential
Participating Entities,including state governments.
D. Describe how you intend to encourage usage of your Master Agreement by Purchasing Entities.
E. Describe your approach to negotiation of Participating Addenda.Describe the extent to which you provide E
Participating Entities flexibility in incorporating entity-specific language into their Participating Addenda.Do
you require entities to provide statutory citations for specific language? M
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9.5. INSURANCE SCHEDULE.To be eligible for award,offeror agrees to acquire insurance from an insurance carrier or
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8.E.b
carriers licensed to conduct business in each Participating Entity state at the prescribed levels set forth in Insurance p
Schedule attachment. Describe your insurance or plans to obtain insurance satisfying the requirements, including
ensuring that the named insured matches the offeror business name. Lo
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9.6. VENDOR BACKGROUND V
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9.6.1. Provide a description of vendor background and history and explain how vendor is qualified to provide the services
described in this RFP. y
9.6.2. Provide a brief description of the length of time vendor has been providing services described in this RFP to the public W
and/or private sector.
9.6.3. Vendor Profile w
A. Company full legal name
B. Primary business address 3
C. Describe company ownership structure c
D. Employee size(number of employees) d
E. Website d
F. Sales contact information L
G. Client retention and growth rates during the past three years Q
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9.7. SUBCONTRACTORS N
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9.7.1. Subcontractors are defined as a third a not directly employed b the contractor, who shall provide services i
party, YY � p �
identified in this RFP.This does not include third parties who provide support or incidental services to the contractor. a
9.7.2. Proposal should include a completed Attachments for Signature document for each subcontractor. >
9.7.3. Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is
provided to the vendor. Q.
9.7.4. Vendor shall provide any subcontract documentation (contract, scope of work, etc.) and disclosures as soon as c
practicable if there is a request for activities which are to be subcontracted at a later date. V
9.7.5. Offeror proposal shall identify specific requirements of the project for which each subcontractor shall perform c
services. 0
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A. How the work of any subcontractor(s)shall be supervised 0
B. How channels of communication shall be maintained a
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C. How compliance with contract terms and conditions will be assured Q
D. Previous experience with subcontractor(s) Z
E. Confirm a willingness to provide the full subcontract between the vendor and subcontractor(s)for rcview if
requested by a Purchasing Entity 3
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9.8. VENDOR STAFF RESUMES E
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9.8.1. A resume shall be included for each proposed key personnel,see Proposed Staff Resume.
9.8.2. A resume shall also be included for any proposed key subcontractor personnel. Q
9.8.3. Key Personnel. For the purposes of this section, Key Personnel is defined as the national contract manager(s) and °r
point(s) of contact for a Master Agreement. Lead State reserves the right to accept or reject any proposed Key M
Personnel and to require replacement of Key Personnel. Contractor shall replace Key Personnel when needed with
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personnel having equivalent education,knowledge, skills, ability,and experience. Contractor must notify Lead State E
in writing of change in Key Personnel which Lead State, in its sole discretion, may accept. If at any time contractor N
provides notice of permanent removal or resignation of Key Personnel, new Key Personnel must be designated
immediately,and a written transition plan must be provided.Key Personnel requirements are as follows. m
A. Key Personnel must respond to all inquiries from Lead State,Participating Entities,and Purchasing Entities
within 2 business days.
B. Key Personnel must be capable of responding to all inquiries related to the contract,or capable of directing an
inquiry to appropriate contractor personnel,within 2 business days. E
C. Key Personnel must have experience in managing a national cooperative contract that is satisfactory in the sole
discretion of the Lead State. M
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9.8.4. Participating Entities and Purchasing Entities may elect to identify other requirements for personnel assigned to a
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Participating Entity or Purchasing Entity in a Participating Addendum or Order. p
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9.9. CUSTOMER SERVICE Lo
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9.9.1. What is the coverage area of your services? U
9.9.2. What are your hours of operation and when are key account people available to us across time zones? E
9.9.3. Describe how problem identification and resolution will be handled.
9.9.4. How will you service the Lead State and any Participating Addenda accounts?Describe the system you will use to
manage the Lead State and any Participating Addendum account. Cn
9.9.5. How do you respond to customer complaints and service issues?
9.9.6. How do you assess customer satisfaction? w
9.9.7. What are your quality assurance measures and how are they handled in your organization?
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9.10. EXCEPTIONS TO TERMS AND CONDITIONS 3
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9.10.1. The Lead State discourages exceptions to contract terms and conditions in the RFP and the NASPO ValuePoint Master d
Agreement Terms and Conditions.Exceptions may cause a proposal to be rejected as nonresponsive when,in the sole m
judgment of the Lead State (and its evaluation team), the proposal appears to be conditioned on the exception or
correction of what is deemed to be a deficiency or unacceptable exception would require a substantial proposal rewrite Q
to correct. Any exceptions to the Cost Schedule will not be accepted. If a vendor feels exceptions are necessary to
submit a proposal, they should be submitted as redlines to the applicable document in Word format. If a vendor is
rejecting language,alternative language must be proposed.
9.10.2. Offerors should identify or seek to clarify any problems with contract language, or any other document contained
within this RFP during the Q&A. a
9.10.3. Moreover, offerors are cautioned that award may be made on receipt of initial proposals without clarification or an
opportunity for discussion,and the nature of exceptions would be evaluated.Further,the nature of exceptions will be
considered in the competitive range determination if one is conducted. In the sole discretion of the Lead State, Q.
Exceptions may be evaluated to determine: the extent to which the alternative language or approach poses c
unreasonable, additional risk; is judged to inhibit achieving the objectives of the RFP; or whose ambiguity makes V
evaluation difficult and a fair resolution (available to all offerors) impractical given the timeframe for the RFP. c
Exceptions may result in a Proposal being rejected as nonresponsive and the Lead State is under no obligation to 0
consider exceptions.
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9.11. PRICE AND RATE GUARANTEE PERIOD.All prices and rates offered shall be guaranteed for the first two-years 0.
of the Master Agreement.Any request for price or rate adjustment following that initial two-years shall be limited to z
one request for increase annually thereafter, as detailed in Section VI of the NASPO ValuePoint Master Agreement z
Terms and Conditions. Any request for a price increase must include justification and will be approved or denied at 3
the sole discretion of the Lead State. +,
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9.12. VENDOR FINANCIAL INFORMATION E
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9.12.1. The information requested in this section is designated as confidential business information by the Administrator Q
pursuant to NRS 333.020(5)(b)and is not public information pursuant to NRS 333.333. L
9.12.2. This information should be submitted as a separate attachment,flagged as confidential in NevadaEPro. N
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9.12.3. Proposing vendor shall provide the following financial information and documentation: M
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A. Dun and Bradstreet Number E
B. Federal Tax Identification Number
C. The last two(2)full years and current year interim: Cn
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1. Profit and Loss Statements
2. Balance Statements
9.13. BUSINESS REFERENCES
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9.13.1. The information requested in this section is designated as confidential business information by the Administrator
pursuant to NRS 333.020(5)(b)and is not public information pursuant to NRS 333.333. �°
9.13.2. Offerors shall provide a minimum of three(3)business references from similar projects performed for private and/or Q
public sector clients within the last five(5)years, see Reference Questionnaire.
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8.E.b
9.13.3. The purpose of these references is to document relevant experience and aid in the evaluation process. 0
9.13.4. Business references should return Reference Questionnaire directly to Single Point of Contact via email.
9.13.5. Business references will not be accepted directly from proposing vendor. `0
9.13.6. The Lead State will not disclose submitted references but will confirm if a reference has been received. L.
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9.13.7. The Lead State reserves the right to contact references during evaluation. U
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10. SUBMISSION CHECKLIST
10.1. This section identifies documents that shall be submitted to be considered responsive. Offerors are encouraged to Cn
review all RFP requirements to ensure all requested information is included in their response.
10.1.1. Proposals must be submitted as a Quote through NevadaEPro,https://NevadaEPro.com.
10.1.2. Offerors are encouraged to submit a single file attachment per proposal section if possible.
10.1.3. Technical proposal information and Cost proposal information shall not be included in the same attachment. 3
10.1.4. Cost proposal attachment shall not be flagged as confidential in NevadaEPro. c
10.1.5. Additional attachments may be included,if necessary,but are discouraged and should be kept to a minimum. d
10.1.6. In lieu of Proprietary Information cross referenced to the Technical Proposal, the Lead State will also accept a full
proposal as the Proprietary Information and a redacted version as the Technical Proposal.
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10.2. TECHNICAL PROPOSAL
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A. Title Page
B. Table of Contents
C. Response to Mandatory Minimum Requirements a
D. Response to Critical Items >
E. Response to Scope of Work
F. Proposed Staff Resumes Q.
G. Other Informational Material 0
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10.3. PROPRIETARY INFORMATION.If necessary.Attachment should be flagged confidential in NevadaEPro, c
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A. Title Page
B. Table of Contents O
C. Trade Secret information,cross referenced to the technical proposal 0.
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10.4. COST PROPOSAL Z
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10.5. VENDOR FINANCIAL INFORMATION.Attachment should be flagged confidential in NevadaEPro. 3
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10.6. SIGNED ATTACHMENTS E
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A. Vendor Information Response
B. Vendor Certifications Q
C. Confidentiality and Certification of Indemnification N
D. Certification Regarding Lobbying 0
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10.7. OTHER ATTACHMENTS.If necessary,not recommended. E
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10.8. REFERENCE QUESTIONNAIRES.Not submitted directly by offeror. >%
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99SWC-S1820 SCOPE OF WORK
1. OVERVIEW
1.1. Each Scope of Work category will be evaluated separately by the Evaluation Committee. Committee members will o
score each category independently. Awards will be made in the best interest of the Lead State and the NASPO i
ValuePoint cooperative purchasing program. G
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1.2. Multistate use of an award is subject to the approval of the NASPO ValuePoint Executive Council.Awards not approved V
by NASPO ValuePoint may,at the option of the Lead State,result in a contract for use by the Lead State only. w
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1.3. Vendors may submit a proposal for any or all categories listed but may not submit for less than an entire category. >%
Vendors must clearly identify in their proposal the category or categories, the section number(s), and geographic Cn
location for which they are proposing. U
1.4. UNIVERSAL REQUIREMENTS
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1.4.1. Vendor shall ensure facilities are in compliance with all existing Participating Entities'rules and regulations. 3
1.4.2. Vendor shall comply with current National Fire Protection Association (NFPA) Standards, Participating Entities d
Contractor's Board Licensing,and Participating Entities State and Local Fire regulations at the time supplies or systems E
are delivered pursuant to an order under the Master Agreement.
1.4.3. Vendor shall ensure services are conducted by a State Certified/Licensed Technician. Q
1.4.4. Vendor services are conducted in accordance with any certification requirements within Participating Entities.
1.4.5. All equipment shall be compatible to best industrial standards and must function as designed after installation. c
1.4.6. Vendor shall not apply surcharges for transportation,fuel,energy,insurance,or any other reason. M
1.4.7. Vendor shall ensure permits must be current and remain current.
1.4.8. When providing services,vendor must discuss findings with the Purchasing Entity point of contact prior to leaving site
and submit a report to the Purchasing Entity including the findings no later than 24 hours after inspection. a
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1.4.9. Inspections performed shall include the cost of the initial inspection,any required maintenance,and any needed follow- >_
up inspections(at no additional cost for the follow up inspection).
1.4.10. Vendor must be an authorized reseller of any manufacturer brand offered. Certification must be made available to the Q.
Lead State and Participating Entities upon request c
1.4.11. Vendor must not allow any part of the resulting contract from this solicitation be performed offshore of the United States V
by persons located offshore of the United State or by means,methods,or communications that,in whole or in part,take c
place offshore of the United States. 00
1.4.12. Vendor may offer additional services as related to awarded categories.
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1.5. CONTRACT USAGE co
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1.5.1. All services performed under these contracts should have an executed service agreement, purchase order, or similar z
between Purchasing Entity and vendor prior to performance of work.
1.5.2. Use of a contract does not require further competition. However, a Purchasing Entity may, and are encouraged to, W
conduct informal competition by request a project specific technical and cost proposal from multiple qualified (D
contractors prior executing a service agreement for a project or on-going support. E
1.5.3. In developing an informal request,service agreement,or other project document,a Purchasing Entity can request firm- a)
fixed-fee deliverable based pricing for a project. In providing a quote or estimate vendor must document how project Q
pricing is determined based on the Master Agreement pricing.Once a service agreement,purchase order,or similar has
been executed between Purchasing Entity and vendor the fixed project pricing applies.
1.5.4. When requesting project specific proposals,a Purchasing Entity is not required to select the lowest priced proposal,but
can select a proposal in the best interest of the Purchasing Entity.
1.5.5. There is no guarantee of contract usage or distribution across awarded contracts. E
1.5.6. Contracts are not exclusive. Purchasing Entities reserve the right to solicit separately for an individual project that (,
otherwise would be covered under these contracts using any legally authorized procurement method. y
1.5.7. Vendor may enter an agreement with a Purchasing Entity under resultant contract,so long as the effective date of such
agreement is prior to the expiration of the contract. w
1.5.8. If vendors will require agencies to sign a subordinate agreement, such agreement terms must be approved by each
Purchasing Entity prior to signing. ;
1.5.9. Contractors shall provide separate quotes within 48 hours of request(unless otherwise approved by Purchasing Entity)
for each new or replacement installation as required by a Purchasing Entity. Quotes should offer price differences for E
lease and purchase options as requested by the Purchasing Entity.
1.5.10. Contractors shall provide separate quotes within 48 hours of request(unless otherwise approved by Purchasing Entity) Q
for maintenance of new and existing systems as required by each Purchasing Entity. Quotes should offer price
differences for lease and purchase options as requested by the Purchasing Entity.
Security and Fire Protection Page 1 of 14 99SWC-S1820 Sc Packet Pg. 145
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99SWC-S1820 SCOPE OF WORK
1.5.11. Purchasing Entity may have proprietary equipment.Vendor is responsible for working with or notifying a Purchasing
Entity regarding maintenance and repair of proprietary equipment.
1.5.12. Vendor shall designate a single point of contact to be liaison for Participating Entity information technology staff to 0
handle day-to-day operations. i
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1.6. CATEGORIES 0
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A. Category 1:Backflow Prevention System w
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B. Category 2: Sandpiper Inspections—Fire Hose 4;
C. Category 3:Automatic Fire Pumps >,
D. Category 4:Fire Sprinkler Systems U
E. Category 5:Fire Detection—Fire Alarm Systems
F. Category 6: Emergency Lighting
G. Category 7: Special Hazard Fire Suppression Systems
H. Category 8: Portable Fire Extinguisher Inspection—Service and Testing _
1. Category 9:New Portable Fire Extinguishers 3
J. Category 10:Kitchen Fire Suppression Commercial Hood System
K. Category 11: Commercial Hood System Cleaning E
L. Category 12:Access Control Systems
M. Category 13:Burglar Alarm Systems I
N. Category 14: Surveillance Services and Equipment
O. Category 15:High Security Controls Systems c
P. Category 16:Inspections&Monitoring M
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1. Fire Extinguishing Systems
2. Fire Sprinkler Systems a
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3. Alarm Monitoring >_
4. Fire Alarm/Protective Signaling Systems
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2. CATEGORY DESCRIPTIONS AND DETAILS 0
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2.1. BACKFLOW PREVENTION SYSTEM c
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2.1.1. Backflow prevention systems prevent contamination of the potable water distribution through infiltration of stagnant
water or substances from industrial or fire protection piping.Regularly scheduled maintenance and service of backflow O
prevention devices helps prevent potential health issues due to water supply contamination. Certified inspection and co
testing services must include a written report of inspection findings, including any specific recommendations for Z
corrective action where needed. z
2.1.2. Inspections 3
A. Each backflow prevention device to determine whether it is in service and in satisfactory condition. a0i
B. Site and identify any conditions that could potentially compromise the performance of mechanical and/or electronic E
components of the backflow preventers
C. Backflow preventer control valves for proper position,general condition,and accessibility Q
D. The general condition of backflow preventers,piping,hangers,drains,test ports and related equipment
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2.1.3. Additional Requirements
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A. Conduct required annual performance differential test E
B. Tag devices as required and perform all required record-keeping/reporting
C. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies U
D. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed m
2.2. STANDPIPE INSPECTIONS—FIRE HOSE
2.2.1. For ordering entities with existing standpipes and fire hose systems in-service,and in accordance with applicable codes,
fire hose is to be taken from its rack,unrolled,and physically inspected at least once a year. Hose must be replaced on E
the rack so that folds do not occur at their former positions. Inspection and re-racking procedure are to identify any U
problems, maintain the functional condition of the hose and provide a measure of safety at the time of a fire until Q
firefighters can arrive.
Security and Fire Protection Page 2 of 14 99SWC-S1820 Sc Packet Pg. 146
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99SWC-S1820 SCOPE OF WORK
2.2.2. Remove the hose from its rack,and check:
A. Last hydro-test date is within code requirements o
B. Condition of couplings i
C. Condition of the threads G
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D. Condition of gasket in the coupling,replace if necessary o`
E. Valve for damage,rot,or mildew V
F. Hose for damage,rot,or mildew w
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G. Nozzle for damaged threads and damaged or blocked tip
H. Verify standpipe hose threads match type used by local Fire Department.If threads do not match,an adapter should >%
be supplied Cn
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2.2.3. Reattach coupling to valve
2.2.4. Reposition the hose on the rack so that folds do not occur in previous positions
2.2.5. Replace nozzle and attach it to the nozzle clip on the rack
2.2.6. Tag the unit properly 3
2.2.7. Check the cabinet for easy access and,where applicable,check that the glassis intact
2.2.8. Observe the hazard area to confirm that there is sufficient hose to reach in any direction E
2.2.9. Check that the standpipe is visible and unobstructed.If it is obstructed,notify the Purchasing Entity representative,and
have the area cleared a�
2.2.10. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies Q
2.2.11. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed c
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2.3. AUTOMATIC FIRE PUMPS
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2.3.1. Automatic fire pumps boost water pressure for high hazard areas and where water demand exceeds available pressure. a
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In the event of pump failure,a sprinkler system will not perform at the required levels established for adequate protection >_
of a facility and its occupants.To ensure proper operation of automatic pumps, a scheduled comprehensive inspection
and test is required in accordance with local,state,and federal codes.Certified pump tests must include a written analysis Q.
addressing the current performance of inspected pump equipment.A report of the inspection findings must also include c
recommendations for corrective action where needed. V
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2.3.2. Inspect 00
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A. Automatic fire pumps to determine if they are in service and in satisfactory condition in accordance with NFPA O
standards a
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B. Site conditions and identify any issues that could compromise the performance of mechanical and/or electronic Z
components of the pumps z
C. Inspect automatic fire pump control valves for proper position, general condition, accessibility, and appropriate 3
signage +W
D. Inspect automatic fire pump test header for satisfactory condition
E. Inspect automatic fire pump alarm components for satisfactory condition E
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2.3.3. Additional Requirements Q
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A. Check general condition of automatic fire pump piping, hangers, drain valves,check valves, gauges, and related
equipment
B. Conduct required annual performance flow test w
C. Tag devices as required and perform required record-keeping E
D. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies
E. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed y
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2.4. FIRE SPRINKLER SYSTEMS
2.4.1. Inspections shall be carried out in accordance with local,state,and federal codes.Each inspection shall include a report ;
of the inspection results,and include recommendations for any corrective actions,where needed.
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2.4.2. Inspections
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A. System to determine whether it is in service, and all components are in satisfactory condition in accordance with Q
NFPA standards
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99SWC-S1820 SCOPE OF WORK
B. Test fire sprinkler system alarm components
C. Sprinkler heads for adequate clearance and condition to verify proper distribution and activation
D. Sprinkler control valves for proper position,general condition,accessibility,and appropriate signage o
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2.4.3. As Needed G
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A. Clean pilot lines and solenoid strainers thoroughly V
B. Disassemble the solenoid release and inspect and clean interior w
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2.4.4. Additional Requirements >%
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A. Discuss Agencies' general storage and stock arrangements for combustibles in relation to fire sprinkler system U
protection
B. Tag devices as required and perform required record-keeping
C. Identify site conditions that could compromise mechanical and/or electronic components of system _
D. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies 3
E. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed
E
2.4.5. Inspection and draining of low points will be ordered at intervals specified by the Purchasing Entity but will comply
with NFPA requirements. Provide a written report of the inspection to Purchasing Entity. Services for inspection and t
draining of all low-point drains on a seasonal, as-needed basis are to avoid pipe breakage and accidental tripping of a�
systems due to freezing. c
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2.5. FIRE DETECTION—FIRE ALARM SYSTEM
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2.5.1. The reliability of fire detection and fire alarm systems is crucial to providing safety to building occupants and protection (L
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of property. All inspection services will be performed in accordance with appropriate local, state, and federal codes. >_
Each inspection service must test that those systems operate as designed,which minimizes the incidence of false alarms
that interrupt business operations. All inspections must be conducted by certified fire detection and alarm inspection Q.
technicians.When specified,inspection services will include inspecting fire suppression system.A report of inspection c
findings will be prepared. V
2.5.2. Category is for installed devices and equipment including,but not limited to,all smoke detectors,heat detectors,carbon c
monoxide detectors, flame detectors, water flow switches, pull stations, remote annunciators, horns, strobes, fuses, 00
lamps,LEDs,control panels,control equipment,batteries,and wiring or cabling.
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2.5.3. Inquire co
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A. Regarding any changes or modifications of the fire detection and alarm system z
B. Regarding changes in the general occupancy environment,operations and conditions relating to the fire detection 3
and alarm system in accordance with NFPA recommended procedures
C. Regarding the Agencies general storage and stock arrangements for combustibles in relation to fire alarm and 4)
suppression systems E
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2.5.4. Inspections Q
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A. Each system to determine whether it is in service and in satisfactory condition in accordance with NFPA standards U)
B. Site conditions and identify any issues that could compromise the performance of mechanical and/or electronic 2
components of the system w
C. The general condition of the fire alarm panel and related equipment E
D. Test smoke and heat detectors in accordance with manufacturer specifications
E. Fire alarm control panels and remote fire alarm panels y
F. All annunciators and zones physically and visually,and test by tripping a detector m
G. Add meter batteries w
H. Exercise flow switches,tamper switches and low-pressure alarms
I. Output relays and test their activation ;
J. Verify,if applicable,that all signals are received by designated alarm service provider
K. All smoke detectors for cleanliness. Clean all detectors that require cleaning in accordance with manufacturer E
guidelines,as applicable U
L. Operability of non-restorable heat detector circuits by simulating electrical operation at the wiring connection Q
M. Test functionality of all accessible heat-actuating devices,both electrically and pneumatically in accordance with
manufacturer specification. When explosive conditions are present,hot water shall be used to heat-test accessible
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heat actuating devices
N. And exercise all supervised control valves and switches
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2.5.5. Additional Requirements i
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A. During testing of the fire detection system, activate outputs for the purpose of equipment shutdown, start-up, and o`
HVAC/smoke control U
B. Tag devices as required and perform required record-updates w
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C. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies 4;
D. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed >%
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2.6. EMERGENCY LIGHTING
2.6.1. In the event of power loss or fire,building occupants depend on emergency lighting and exit signs that guide evacuees
to safety.Improperly maintained emergency lighting systems are unacceptable.Vendor is required to perform complete _
inspections of these systems in accordance with applicable codes. Vendor providing maintenance services for these 3
systems are required to maintain an adequate inventory of replacement parts applicable to servicing a full range of d
system brands. E
2.6.2. Inspections
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A. Each system to determine whether it is in service and in satisfactory condition in accordance with NFPA standards
B. Site conditions and identify any issues that could compromise the performanceof mechanical and/or electronic c
components of the emergency lighting system
C. Test each unit to ensure that lighting systems will illuminate a minimum of 90 minutes(OSHA,NFPA and NEC
minimum standards)
D. Adjust the PC board float voltage,where applicable to ensure extended lifeof batteries and other key components a
m
E. All bulbs and lamp heads to ensure they are operational and meet code-specified lighting requirements. >_
F. All exit signs for proper function M_
G. Clean all battery terminals and leads Q.
H. Emergency lights and exit signs for appropriate placement 0
U
2.6.3. Additional Requirements c
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A. Check energy efficiencies of all units,bulbs,and lamps
B. Tag devices as required and perform required record-keeping O
IL
C. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies co
D. Be sure Purchasing Entity is updated with proper operation of equipment,as needed Z
z
2.7. SPECIAL HAZARD FIRE SUPPRESSION SYSTEMS 3
2.7.1. Used where chemicals, flammables, equipment or processes require specialized fire suppression strategies. Such
systems protect aircraft,computer rooms,fuel pump islands,clean rooms,rare documents,telecommunications centers, E
power plants,tire storage facilities and many other high-values and/or high-hazard assets. The suppression agents vary a�
with the application, and may include CO2, FM200, Inergen,Novec1230, FE25/ECARO 25, foam, dry chemical, or Q
other special chemical formulations. A written report of findings from inspection must include recommendations for
corrective action where needed.
2.7.2. Inspections
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A. System to determine whether it is in service and in satisfactory condition,in accordance with NFPA standards E
B. Site conditions, and identify any issues that could compromise the performance of mechanical and/or electronic (,
components of the system y
C. Discharge devices for adequate condition and clearance to allow for proper distribution and activation 4)
D. Each release control device for proper position,general condition,accessibility,and appropriate signage
E. Each special hazard system, and conduct required tests, weather permitting. (In case of inclement weather,
technician will need to reschedule for earliest possible date) ;
F. Fire Department connection couplings,caps,threads,clappers,check valves and drains d
G. General condition of visible and accessible piping,hoses,hangers,drain valves,gauges,and related equipment E
H. Cylinders,straps,and outlet fittings connected to the discharge manifold for tightness and bracing
I. Agent storage devices for the proper quantity of extinguishing agent, check storage pressure, and record the last Q
hydro-test date for agent cylinders and hoses
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2.7.3. Additional Requirements
A. Changes in building status that may affect the performance or reliability of the special hazard system, including o
obstructions i
B. Changes or modifications made to the special hazard fire suppression system G
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C. General storage and stock arrangements for combustibles in relation to special hazard fire suppression o`
D. Tag devices as required and perform all required record-keeping V
E. Provide a brief written report of the inspection to Purchasing Entity w
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F. Be sure Purchasing Entity is updated with proper operation of the equipment,as needed 4;
2.8. PORTABLE FIRE EXTINGUISHER INSPECTION, SERVICE,and TESTING Cn
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2.8.1. Portable extinguishers must be tested to be certain that they are charged and in proper working order, and suitably
located according to their potential hazard environment. All fire extinguisher inspections, service, selection and
placement,will be conductedannually in compliance with all applicable codes,and each extinguisher use class must be
clearly identified, properly positioned and appropriate to location. Following inspection, a written report of findings 3
shall be provided noting inspection date,time,and service technician.The report will also identify equipment type/class d
or placement discrepancies and offer recommendations,if applicable. E
2.8.2. Inspections
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A. Each unit to be sure it is properly hung with the proper manufacturer hanger Q
B. Gauge pressure c
C. Condition of gauge and its compatibility with extinguisher M
D. Weight of extinguisher
E. Last hydro-test test date is within code requirements
F. Last 6—year maintenance inspection,if applicable a
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G. Valve and shell for damage or corrosion >_
H. Hose and inspect it for cracks or splits(remove hose to inspect closely)
1. Hose threads for signs of wear Q.
J. Condition of discharge horn c
K. For obstructions that may interfere with access to the extinguisher. U
L. Additionally,by breaking extinguisher seal and remove lockingpin c
M. Upper and lower handles 00
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2.8.3. Additional Requirements O
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A. Replace locking pin and reseal extinguisher Z
B. Inspect valve opening for powder or any foreign matter z
C. For dry extinguishers,fluff the powder by turning the unit 3
D. Clean extinguisher shell with spray cleaner c
E. Return hose to its proper position
F. Check condition of hose/horn retention band at the side of the extinguisher E
G. Verify that each unit classification is properly identified with the appropriate decal 4)
H. Check that all operating instructions are clean and legible Q
I. Properly tag each extinguisher
J. Survey the area around the unit to verify that the unit classification corresponds properly with all potential hazards
K. Verify unit is properly located within normal travel pathways and positioned at a conspicuous and accessible height
L. Ensure unit is visible and unobstructed w
M. Replace extinguisher on its hanger E
N. Provide a brief written report of the inspection to Purchasing Entity,detailing any deficiencies
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2.9. NEW PORTABLE FIRE EXTINGUISHER SALES
2.9.1. Minimum requirements of all new fire extinguishers:
A. All fire extinguishers,including all component hardware,charge,and propellant,shall be new
B. Must have a minimum six-year factory warranty, which shall begin upon Purchasing Entity's Acceptance of the E
Product
C. Must meet all organizational(UL,DOT,NFPA,OSHA,FEMA,etc.)standards Q
D. Must be corrosion resistant and be painted red,except water spray-type(class A),which shall be stainless steel
E. Valve assemblies must be metal
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F. Purchasing Entity must be made aware when the next inspection will require the current extinguisher to be replace,
and at what cost '
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2.9.2. Additional Requirements i
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A. Extinguishers must be delivered with a current inspection tag 0
B. Packaging and shipping must conform to applicable federal and state regulations V
C. Deliveries must have HM-126C MSDS sheets for proper extinguishing agents w
E
D. A 24-hour toll free 800 number must appear on all copies of the invoice/packing slip. 8. All invoiced shipments a;
must be delivered in accordance with all state and federal regulations >,
E. Vendor is required to replace defective,incorrect contents,incorrectly sized or incorrectly placed fire extinguishers Cn
at no charge,and within 12 hours ofnotification U
2.10. KITCHEN FIRE SUPPRESSION—COMMERCIAL HOOD SYSTEM
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2.10.1. Most commercial kitchens use high-temperature appliances, cooking oils, and solid fuels. Kitchen fire suppression 3
systems must be in peak working condition to ensure the safety of employees and patrons alike. In government and d
educational food service environs, safety considerations are especially important E
2.10.2. Inspections must be performed in accordance with applicable standards, current codes and requirements for this
equipment,including use of dry chemical extinguishing agents.All inspections must be scheduled and conducted with t
the goal of minimizing downtime
2.10.3. User personnel must be familiarized with the proper use and care of kitchen fire suppression systems to reduce the c
possibility of expensive,unnecessary discharges,resulting in safer,more productive working environments for staff.A
detailed, written report of all inspection findings is required, including recommendations for any corrective actions
where needed
2.10.4. Inspections a
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A. System to determine whether it is in service, and all components are in satisfactory condition in accordance with
NFPA standards m
0.
B. Site conditions and identify any issues that could compromise the performanceof mechanical and/or electronic 0
components of system U
C. And test remote pulls for condition and operability c
D. Automatic trips perform a trip test of system 00
E. Test manual release of system
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2.10.5. Additional Requirements co
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A. Verify mechanical operation of system z
B. Check gas shutoff function,if applicable,or electrical shutoff function,if applicable 3
C. Replace fusible links where required
D. Inspect system components for cleanliness
E. Restore system to normal operation E
F. Reset system
G. Install new tamper seals Q
H. Inspect suppression agent cylinder
I. Verify cylinder/cartridge pressure,agent weight and condition N
J. Check that last hydro-test test date is within code requirements
K. Inspect and verify piping/bracing to manufacturer specifications w
L. Inspect all nozzles and verify that they are properly aimed,free of any damage or blockages,and have proper blow- E
off caps intact
M. Verify that system Owner's Manual is available on-site y
N. Verify that a proper portable fire extinguisher is available in an easily seen,accessible location,and a suitable type 4)
to the environment w
O. Ask Purchasing Entity about general occupancy relating to the kitchen fire suppression system in accordance with
all applicable NFPA recommended procedures ;
P. Inspect for any changes in the hazard area that may affect performance and reliability of fire suppression system
Q. Tag devices as required and perform required record-keeping E
R. Compile a report of the inspection
S. Familiarize the Purchasing Entity with proper operation of system equipment Q
2.11. COMMERCIAL HOOD SYSTEMS CLEANING
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2.11.1. The State desires that vendors incorporate,to the fullest extent possible,environmentally responsible business practices.To
that end,the State expects all prospective contractors to demonstrate commitment to and experience in environmental o
sustainability and public health protection practices applicable to their line of services. In accordance with State EPP i
Policy,the cleaning products used for Commercial Hood Systems Cleaning should be in accord with the standards and Q
recommendations of the United States Environmental Protection Agency EPP program, the Green Seal organization, o`
and standards and practices specified by the U.S. Green Building Council. Hood cleaning products registered under V
NSF International are also acceptable.
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2.11.2. Vendor to Provide >,
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A. High pressure spray unit(s)for cleaning commercial hoods
B. Purchasing Entity representative with a cleaning schedule
C. When cleaning multiple units,schedule off-peak hours for cleaning
D. Prearrange with Purchasing Entity representative for kitchen key(s)and roof accessibility,as applicable _
E. Ladder(s)for buildings without roof access and all other ladder requirements 3
F. Lighting accessories
G. Tools and equipment necessary to perform hood cleaning&clean-up E
H. Grease bearings on blower shaft,(if noted on job order)
1. Return all issued keys to agencies representative upon completion of job(if applicable) Q
2.11.3. Hood System Cleaning Scope of Work c
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A. Kitchen Setup
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1. Turn off appliances and pilot lights a
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2. Remove or place boards over deep fat fryers >_
3. Place boards over range,cookers, etc.
4. Place polyurethane over all appliances and clip to troughs a)
5. Clip and drape polyurethane from the hood canopy,directing water to suitable drain or collection container c
U
B. Remove grease filters c
C. Clean filters,as noted on job order 00
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D. Set-Up for Roof Fan Cleaning O
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2.12. ACCESS CONTROL SYSTEMS z
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2.12.1. Access Control System(TACACS) is a centralized access control system that requires users to send an ID and static 3
(reusable)password for authentication.TACACS uses UDP port 49(and may also use TCP).Reusable passwords are a
vulnerability:the improved TACACS+provides better password protection by allowing multifactor authentication. E
2.12.2. The Access Control Systems category includes,but is not limited to the following services: E
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A. All aspects of access control system services Q
B. Installation of new systems
C. Replacement or upgrade of systems N
D. Removal of existing systems
E. Integration of various types of systems w
F. Provide and install all related equipment and any items necessary for operation and installation of equipment such E
as wires and fasteners that are needed to complete work
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2.12.3. Maintenance and repair(including emergency repairs)of systems
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A. Respond on site to trouble calls within four(4)hours,including weekends and holidays
B. Repair personnel must carry adequate hardware inventory to replace, repair, and/or maintain each system at the ;
time dispatched
C. Repair personnel must be prepared to provide an immediate replacement for defective equipment and shall not E
remove a defective unit without an immediate replacement
D. Replacement and repair of equipment must be provided to a specific location, or within an assigned geographical Q
area inside a location
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2.12.4. Provide programming and work individually with each Participating Entity information technology staff when installing
new or maintaining previously installed systems.
0
2.13. BURGLAR ALARM SYSTEMS i
0
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2.13.1. The Burglar Alarm Systems category includes,but is not limited to the following services: o`
2.13.2. All aspects of burglar alarm system services U
2.13.3. System Monitoring: w
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A. Provide a 24-hour(UL)station
B. Provide backup communication,i.e.,radio or cell phone U
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2.13.4. Installation of new systems
2.13.5. Replacement or upgrade of systems
2.13.6. Removal of existing systems _
2.13.7. Maintenance and repair(including emergency repairs)of systems 3
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A. Respond on site to trouble calls within four(4)hours,including weekends and holidays E
B. Repair personnel must carry adequate hardware inventory to replace, repair, and/or maintain each system at the
time dispatched Q
C. Repair personnel must be prepared to provide an immediate replacement for defective equipment and shall not
remove a defective unit without an immediate replacement c
D. Replacement and repair of equipment must be provided to a specific location, or within an assigned geographical
area inside a location
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2.13.8. Integration to existing systems as requested a
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2.13.9. Provide and install all related equipment and items that are needed to complete work >_
2.13.10. The authorized Purchasing Entity representative and/or designee will identify the procedures by which work requests
will be assigned Q.
2.13.11. Existing systems must be matched in any new additions or new construction. During renovations, the system in the 0
renovated area being replaced must match the system that is currently in operation and must become an integral part U
thereof.Vendors must ensure complete connectivity and integration to each existing system in those instances where an c
addition or upgrade is warranted 00
2.13.12. Designate a single point of contact who can address the programing needs of alarm systems in use throughout Purchasing
Entity facilitates with a certified tech O
2.13.13. Vendors must possess the ability to provide for individual access codes co
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2.14. SURVEILLANCE SERVICES AND EQUIPMENT z
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2.14.1. This category includes,but is not limited to the following services: W
2.14.2. All aspects of cloud-based and video surveillance systems,services,and equipment
2.14.3. Installation of new systems E
2.14.4. Replacement or upgrade of systems
2.14.5. Removal of existing systems Q
2.14.6. Maintenance and repair(including emergency repairs)of systems
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A. Respond on site to trouble calls within four(4)hours,including weekends and holidays 2
B. Repair personnel must carry adequate hardware inventory to replace, repair, and/or maintain each system at the E
time dispatched E
C. Repair personnel must be prepared to provide an immediate replacement for defective equipment and shall not (,
remove a defective unit without an immediate replacement U
D. Replacement and repair of equipment must be provided to a specific location, or within an assigned geographical m
area inside a location w
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2.14.7. Integration to existing systems as requested ;
2.14.8. Provide and install all related equipment such as wires and fasteners that may be needed to complete work.
2.14.9. Provide the option to use video cards for video surveillance E
2.14.10. Vendors must offer video cards with various capacity sizes to meet all potential needs. Capacity and specifications as U
determined by the Participating Entity. Q
2.14.11. Provide the option for agencies to build their own stand-alone computer to run the system, or request that the vendor
build it for them
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2.14.12. Offer a wide variety of indoor and outdoor cameras and wireless transmitters to work in conjunction with video cards
2.15. HIGH SECURITY CONTROL SYSTEMS o
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2.15.1. The High Security Control Systems category includes,but is not limited to the following services: 0
a
2.15.2. Replacement or upgrade of systems 0
2.15.3. Testing,training V
2.15.4. The DCS category custom-integrates HMI/SCADA operator interfaces with programmable logic controllers (PLCs), E
E
and various communication subsystems to create a single integrated security system. Custom tailor, program, and
configure to remotely move and secure confined individuals in a specific detention,correctional,courts holding,mental >%
health, or similar secure facility; generally, from a 24-hour central control room supported by distributed satellite Cn
m
stations.Representative subsystems may include,but is not limited to:
A. Operator interfaces employing PC-based human-machine-interface (HMI) and supervisory control and data n
acquisition components (SCADA) software. Configure as client/server or peer systems. Representative pointing _
devices include mouse,touchscreen,or both 3
B. Master-to-master staff intercommunications,typically on a full-duplex,dialup basis
C. Door monitoring and control systems. Field device interfaces (relays, fuses, and terminals) to detention locking E
systems and door control programming
D. Utility monitoring and control systems. Data interfaces or field device interfaces to lighting control panels and t
relays,power control relays and breakers, flushing control systems,water control valves,telephone cutoff relays, a�
fan control relays,generator monitoring interfaces,transfer switch monitors and transfer relays,and similar utility c
monitoring and control systems
E. Perimeter alarm systems. Data interfaces or field device interfaces to perimeter security and intrusion detection
systems
F. Duress alarm systems.Data interfaces or field device interfaces to fixed or mobile duress alarm systems,including
body-worn transmitters,duress pushbuttons,and subsystems that provide locating technology >_
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2.15.5. Maintenance and repair,including emergency repairs of system. Q.
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A. Respond on site to trouble calls within four(4)hours,including weekends and holidays V
B. Adequate hardware inventory to replace,repair,and/or maintain each system at the time dispatched c
C. Vendor to be prepared to provide an immediate replacement for defective equipment and shall not remove a 00
defective unit without an immediate replacement n
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2.16. INSPECTIONS&MONITORING co
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2.16.1. Vendor must: Z
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A. Guarantee system performance 99%uptime W
B. Perform inspections as required by the Purchasing Entity
d
2.16.2. Fire Extinguishing Systems. The Fire Extinguishing System category includes inspections of new extinguishing
systems,including: Q
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A. Pre-engineered systems;and N
B. Engineered systems
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2.16.3. Fire Sprinkler Systems.Awarded vendors will be required to perform the following annual services: E
r
A. Inspect installed equipment, including alarm devices, sprinkler heads, pipes, insulation, line pressure, unusual y
wear/corrosion,hose connections,hose racks,fire department connections,and other equipment in accordance with 0)
all rules and regulations within the Participating Entities w
B. Provide condition analysis report for all equipment inspected,highlighting any potential repairs needed,including
any known rules and/or regulation infractions, noting specific location/equipment and specific rule and/or ;
regulation violated prior to any repairs
C. Ensure that systems are constantly operational E
2.16.4. Fire Alarm/Protective Signaling Systems. Awarded vendors will be required to perform the following Q
semiannual/annual inspection services:
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A. Inspect installed equipment,including complete testing of all fire alarm initiating devices,supervisory devices,and
notification appliances
B. Inspect fuses,lamps,LEDs,control equipment including all wiring,connections,and insulation;and 0
C. Provide the Participating Entities with a test report within 24 hours of completion,unless otherwise agreed upon in i
writing by both parties 0
a
D. Some facilities may not accommodate one complete inspection per year of all fire alarm systems at one time. In 0
this case,vendors will be required to service a portion of the alarm system each quarter until all systems have been V
inspected throughout the course the year w
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2.16.5. Alarm Monitoring >%
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A. Provide a 24-hour, 7 day per week UL listed station for monitoring alarm systems, including providing backup
communication using a radio or cellular service.
3. GENERAL REQUIREMENTS
3
3.1. BACKGROUND CHECKS
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3.1.1. All background checks as required by Participating and Purchasing Entities must be completed prior to any work being
done. a�
3.1.2. All vendors and vendor employees providing on-site services under this contract must be required to submit to and pass Q
background checks. Upon request from Purchasing Entities, vendors must provide copies of background checks or c
submit to additional security requirements.
3.1.3. All costs associated with background checks will be at vendor expense.
3.1.4. Vendor is responsible for ensuring the following.
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A. Vendor must not begin work until clearance has been issued by Purchasing Entity. >_
B. Notification and access to facilities must be pre-authorized by Purchasing Entities.
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0.
3.2. PUBLIC WORKS PROJECTS 0
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3.2.1. Any projects that are federally funded may be subject to the requirements of Davis-Bacon Act and/or the Davis-Bacon o
Wage Decision. 00
3.2.2. Labor prices for affected projects may be negotiated between the Purchasing Entity and the contractor, provided the
contractor provides adequate documentation for any negotiated increase. O
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A. Documentation may include payroll records, copies of wage decisions,and/or other information that establishes a Z
clear difference between contractor standard wage and the prevailing Davis-Bacon wage for any affected employee z
for that project. }'
B. Under no circumstances will that price be increased by an amount higher than the difference between the normal W
hourly rate and the hourly rate required by the applicable Davis-Bacon Wage Decision. E
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3.2.3. Vendors must include in job quotes the standard business hours and prevailing wage rate for the job location. Quotes
should include shift differential,if any,for working nights and weekends. Q
3.2.4. Jobsites must be cleaned every day.
3.2.5. Awarded vendor(s) must complete any punch lists within five (5) days of receipt. Exceptions to this standard may be U)
addressed on an individual project basis.
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3.2.6. Asbestos E
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A. Asbestos may be present in facilities and may be encountered in previously inspected buildings. Cn
B. Upon discovering asbestos or a suspected asbestos-containing material(ACM),all work shall immediately stop in
the affected area and contractor will immediately contact the project manager and/or building owner; w
C. The project manager and/or building owner shall assume responsibility for taking material samples for testing;and 0
D. The project manageribuilding owner will convey all pertinent information regarding asbestos test results to the ;
vendor and,if necessary,conduct any required remediation prior to resuming work in the affected area.
E. All remediation work must be performed by a contractor specifically licensed and/or certified to perform asbestos E
remediation.
F. Vendors may be held liable for violations of any applicable federal, state and/or local environmental laws or Q
regulations,whether committed through action or inaction.
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3.3. GENERAL
3.3.1. Vendor must guarantee workmanship at vendor expense for a period of twelve(12)months from date of installation. o
3.3.2. Work shall be performed in accordance with manufacturers' recommendations and with all current local codes, i
regulations,and installation guidelines. G
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3.3.3. Vendor may be required to do some work after normal business hours (8am-5pm, unless otherwise specified by the o`
Purchasing Entity);however,it is anticipated that most work will be completed during normal business hours. V
3.3.4. Vendor staff is responsible for performing a standard site walk-through and providing competent personnel to perform E
the specific scope(s) required. Due to the nature of these scopes of work and the liability involved, each Purchasing a;
Entity will have the final determination of competency in all matters regarding personnel provided by vendor. >%
3.3.5. Once vendor has possession of equipment to be installed, responsibility for all equipment, including storage during Cn
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installation work,shall be at vendor expense when storage space is unavailable at a jobsite.
3.4. PENALTY FOR IMPROPER PRICING
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3.4.1. Vendor is responsible for ensuring all prices proposed for all projects are accurate and consistent with the terms of the 3
contract.
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3.4.2. For all projects completed under this contract: if vendor submits an invoice containing incorrect pricing in favor of E
vendor,that vendor shall submit a new,corrected invoice with a 25%reduction in cost for each incorrectly priced item.
3.4.3. If vendor continues to provide incorrect invoicing each Purchasing Entity has the option to cancel their contract in its t
entirety without penalty.
3.4.4. Vendors are not allowed to charge fees above or in addition to pricing set forth in the MA after award has been made. c
Failure to comply may be grounds for cancellation of the contract. M
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3.5. STANDARD OF PERFORMANCE AND ACCEPTANCE
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3.5.1. The Standard of Performance applies to all product(s)purchased under this Master Agreement,including any additional, >_
replacement, or substitute product(s), as well as any product(s)which are modified by or with the written approval of
the vendor and acceptance by the Purchasing Entity. Q.
3.5.2. The Acceptance Testing period shall be seven(7) calendar days, or any other time period identified in the solicitation c
or the Participating Addendum,beginning with the day after the product is installed and/or certification is received that V
the product is ready for Acceptance Testing. c
3.5.3. If the product does not meet the Standard of Performance during the initial period of Acceptance Testing,the Purchasing 00
Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is
met. O
3.5.4. Upon rejection,the vendor will have three(3)calendar days to cure any Standard of Performance issue(s). co
3.5.5. If, after the cure period, the product still has not met the Standard of Performance, the Purchasing Entity may, at its Z
option: z
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A. Declare the vendor to be in breach and terminate the order 3
B. Demand a replacement product from the vendor at no additional cost to Participating Entity or 4)
C. Continue the cure period for an additional time period agreed upon by the Participating Entity and the vendor. E
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3.5.6. Vendor shall pay all costs related to the preparation and shipping of returned products. Q
3.5.7. No product shall be accepted,and no charges shall be paid until the Standard of Performance is met.
3.5.8. The warranty period will begin upon the Purchasing Entity acceptance. N
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2
3.6. TRAVEL. All travel will be negotiated within each Participating Addendum. Travel may be subject to limits of E
Participating Entity rules. E
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3.7. AUTHORIZATION TO WORK. Vendor is responsible for ensuring that all employees and/or subcontractors are y
authorized to work in the United States.
3.8. SYSTEM COMPLIANCE WARRANTY. Licensor represents and warrants: (a) that each Product shall be Date
Compliant; will operate consistently, predictably and accurately, without interruption or manual intervention, and in ;
accordance with all requirements of this Agreement,including without limitation the Applicable Specifications and the
Documentation, during each such time period, and the transitions between them, in relation to dates it encounters or E
processes;(b)that all date recognition and processing by each Product will include the Four Digit Year Format and will U
correctly recognize and process the date of February 29, and any related data, during Leap Years; and(c)that all date
sorting by each Product that includes a"year category" shall be done based on the Four Digit Year Format. Q
Security and Fire Protection Page 12 of 14 99SWC-S1820 Sc Packet Pg. 156
8.E.b
99SWC-S1820 SCOPE OF WORK
4. TERMS AND CONDITIONS FOR GOODS
4.1. EXPRESS WARRANTIES.For the period specified on the face of the contract,contractor warrants and represents each o
of the following with respect to any goods provided under the contract, except as otherwise provided on incorporated i
attachments: G
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4.1.1. Fitness for Particular Purpose; The goods shall be fit and be sufficient for the particular purpose set forth in the V
solicitation documents. w
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4.1.2. Fitness for Ordinary Use;The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, a;
it being understood that the purpose for the goods covered by the contract are ordinarily intended is general government >%
administration and operations. Cn
4.1.3. Merchantable; Good Quality, No Defects; The goods shall be merchantable, of good quality, and free from defects,
whether patent or latent,in material and workmanship.
4.1.4. Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the incorporated
attachments. If contractor has supplied a sample to the State, the goods delivered shall conform in all respects to the
sample and if the sample should remain in State possession it shall be identified by the word"sample"and the signature 3
of contractor sales representative.
4.1.5. Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit E
and among all units.
4.1.6. Packaging and Labels; The goods shall be contained,packaged, and labeled so as to satisfy all legal and commercial t
requirements applicable to use by a government agency,including without limitation,OSHA material safety data sheets a�
and shall conform to all statements made on the label. c
4.1.7. Full Warranty: The foregoing warranties are "full' warranties within the meaning of the Magnuson-Moss Warranty -
Federal Trade Commission Improvement Act, 15 U.S.C. § 2301 et seq., and implementing regulations 16 C.F.R. pts.
700-703,if applicable to this transaction.
4.1.8. Infringement Indemnity;Refer to NASPO ValuePoint Master Agreement Terms and Conditions, Section 33. a
m
4.1.9. Usage of Trade;Course of Dealings;Implied Warranties.contractor shall also be bound by any other implied warranty
that, at the time of execution of the contract,prevails in the trade of government in the marketing area in and about the
State of Nevada. contractor shall also be bound by any other implied warranty arising through course of dealings Q.
between contractor and the State from and after the execution of the contract. contractor shall also be bound by all c
warranties set forth in Nevada Uniform Commercial Code(NRS Title 8)in effect on the date of execution of the contract. V
4.1.10. Obsolete Equipment:Agencies or Entities will not be billed/invoiced for upgraded equipment due to obsolete equipment c
owned by the vendor. 00
4.1.11. Warranties Cumulative: It is understood that warranties created by the contract,whether express or implied,as well as
all warranties arising by operation of law that affect the rights of the parties under the contract, are cumulative and O
should be construed in a manner consistent with one another. co
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4.1.12. Priority of Warranties;If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between Z
or among any of the warranties set forth in the contract and any warranties implied by law, the parties agree that the z
specifications contained in the contract shall be deemed technical and mere language of description. }'
4.1.13. Beneficiaries of Warranties;Benefit of any warranty made in the contract shall be in favor of the State of Nevada and W
Participating Entities,any of their political subdivisions or agencies,and any employee or licensee thereof who uses the E
goods,and the benefit of any warranty shall apply to both personal injury and property damage. E
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4.2. DELIVERY: INSPECTION: ACCEPTANCE; RISK of LOSS. contractor agrees to deliver the goods as indicated in Q
the contract,and upon acceptance by the Purchasing Entity,title to the goods shall pass to the Purchasing Entity unless
otherwise stated in the contract.The Purchasing Entity shall have the right to inspect the goods on arrival and,within a
commercially reasonable time,the Purchasing Entity must give notice to contractor of any claim or damages on account 2
of condition, quality, or grade of the goods, and the Purchasing Entity must specify the basis of the claim in detail. E
Acceptance of the goods is not a waiver of UCC revocation of acceptance rights or of any right of action that the E
Purchasing Entity may have for breach of warranty or any other cause.Unless otherwise stated in the contract,risk of (,
loss from any casualty,regardless of the cause, shall be on contractor until the goods have been accepted and title has y
passed to the Purchasing Entity. If given any,the Purchasing Entity agrees to follow reasonable instructions regarding 4)
return of the goods. w
4.3. NO ARRIVAL;NO SALE. The contract is subject to provisions of no arrival,no sale terms,but proof of shipment is ;
to be given by vendor, each shipment to constitute a separate delivery. A variation of ten days in time of shipment or
delivery from that specified herein does not constitute a ground for rejection. The Purchasing Entity may treat any E
deterioration of the goods as entitling the Purchasing Entity to the rights resulting from a casualty to the identified goods U
without regard to whether there has been sufficient deterioration so that the goods no longer conform to the contract. Q
4.4. PRICE; TAXES; PAYMENT. The price quoted is for the specified delivery, and, unless otherwise specified in the
Security and Fire Protection Page 13 of 14 99SWC-S1820 Sc Packet Pg. 157
8.E.b
99SWC-S1820 SCOPE OF WORK
contract,is F.O.B.to the delivery address specified above.Unless otherwise specified in a Participating Addendum,the
price does not include applicable federal or State sales, use, excise,processing or any similar taxes, or duty charges,
which shall be paid by the Purchasing Entity, or in lieu thereof,the Purchasing Entity shall provide vendor with a tax 0
exemption certificate acceptable to the applicable taxing authority. i
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Security and Fire Protection Page 14 of 14 99SWC-S1820 Sc Packet Pg. 158
8.E.b
VENDOR INFORMATION RESPONSE
Vendors shall complete and return this form in their proposal.
If the proposal includes subcontractors,form must be completed for each subcontractor as well.
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1. VENDOR CONTACT INFORMATION `o
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L,1 COMPANY NAME AND CONTACT INFORMATION: °
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The information provided in the table below shall be used for development of the contract,if awarded. E
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Requested Information Response m
Company Name:
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Company Street Address: 3
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City, State,Zip Code: E
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Telephone Number,including area code:
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Toll Free Number,including area code: N
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Email Address:
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1.2 CONTACT PERSON FOR QUESTIONS/CONTRACT NEGOTIATIONS
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Requested Information Response °
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Name: o
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Title:
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Address: co
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City, State,Zip Code:
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Email Address:
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Telephone Number,including area code: �
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Revised:April 2021 Page I of 4 Packet Pg. 159
8.E.b
VENDOR INFORMATION RESPONSE
2. VENDOR INFORMATION
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2.1 Vendors shall provide an overall company profile in the following table:
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Question Response `0
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Company Name: E
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Ownership(sole proprietor,partnership,etc.): W,
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State of Incorporation: V
Date of Incorporation:
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#of years in business: 3
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List of top officers:
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Location of company headquarters,to include City L
and State: Q
Location(s) of the office that shall provide the c
services described in this RFP:
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Number of employees locally with the expertise to
support the requirements identified in this RFP: a
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Number of employees nationally with the
expertise to support the requirements in this RFP:
Location(s) from which employees shall be 0
assigned for this project: U
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2.2 VENDOR LICENSING 0o0
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2.2.1 Please be advised:Pursuant to NRS 80.010,a corporation organized pursuant to the laws of another state shall register a
with the State of Nevada,Secretary of State's Office as a foreign corporation before a contract can be executed between co
the State of Nevada and the awarded vendor,unless specifically exempted by NRS 80.015. Q
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2.2.2 The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of 3
Nevada, Secretary of State's Office pursuant to NRS 76. Information regarding the Nevada Business License can be c
located at http://nvsos.gov.
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Question Response Q
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Nevada Business License Number:
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Legal Entity Name:
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Is the Legal Entity Name the same name as vendor yes O No O E
is DoingBusiness As DBA ? y
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If the answer is `No',provide explanation below: m
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Revised.•April 2021 Page 2 of 4 Packet Pg. 160
8.E.b
VENDOR INFORMATION RESPONSE
2.3 STATE OF NEVADA EXPERIENCE
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Question Response
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Has the vendor ever been engaged under contract by any State of Nevada agency? Yes O No ® 0
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2.3.1 If`Yes',complete the following table for each State agency for whom the work was performed.
2.3.2 Table can be duplicated for each contract being identified. �
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Question Response 0
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State Agency Name: 3
State Agency Contact Name: E
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Dates Services Were Performed: L
Type of Duties Performed:
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Total Dollar Value of the Contract: M
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2.4 CURRENT OR FORMER EMPLOYEE a
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Question Response
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Are you now or have you been within the last two(2)years an employee of the State yes No 00
of Nevada,or any of its agencies,departments,or divisions? O U
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If`Yes',please explain when the employee is planning to render services;i.e.,while 00
on annual leave,compensatory time,or on their own time? M
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2.4.1 If you employ(a)any person who is a current employee of an agency of the State of Nevada,or(b)any person who has Z
been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be r
performing or producing the services which you shall be contracted to provide under this contract,you shall disclose 3
the identity of each such person in your response to this RFP,and specify the services that each person shall be expected c
to perform.
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15 PRIOR OR ONGOING CONTRACTUAL ISSUES
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2.5.1 Disclosure of any significant prior or ongoing contract failures,contract breaches,civil or criminal litigation in which 4)
the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any
other governmental entity.
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2.5.2 Any pending claim or litigation occurring within the past six(6)years which may adversely affect the vendor's ability m
to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.
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Question Response
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Does any of the above apply to your company? Yes O No
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2.5.3 If`Yes',please provide the information in the table below. E
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2.5.4 Table can be duplicated for each issue being identified. Q
Revised.•April 2021 Page 3 of 4 Packet Pg. 161
8.E.b
VENDOR INFORMATION RESPONSE
Question Response
0
Date of alleged contract failure or breach: i
0
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Parties involved: o`
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Description of the contract failure, contract w
breach, or litigation, including the products or
services involved:
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Amount in controversy: 0
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Resolution or current status of the dispute:
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Court Case Number 3
If the matter has resulted in a court case: 4)
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Status of the litigation: Q
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3. PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD N
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Using agencies may desire to use a Procurement Card as a method of payment to vendors.
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PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD >
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Question Response Q.
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Please indicate if you will accept this method of payment? Yes O No U
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4. NAME OF INDIVIDUAL AUTHORIZED TO BIND THE ORGANIZATION M
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Requested Information Response 0.
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Name: Z
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Title: +,
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4A SIGNATURE OF INDIVIDUAL AUTHORIZED TO BIND THE VENDOR aEi
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Individual shall be legally authorized to bind the vendor per NRS 333.337 Q
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Signature: 2
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Date: °r
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Revised:April 2021 Page 4 of 4 Packet Pg. 162
8.E.b
VENDOR CERTIFICATIONS
Vendor agrees and shall comply with the following:
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1. Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal,
State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify, `0
exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract. Q•
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2. All proposed capabilities can be demonstrated by the vendor.
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3. The price(s)and amount of this proposal have been arrived at independently and without consultation,communication, (n+
agreement or disclosure with or to any other contractor,vendor or potential vendor. U
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4. All proposal terms,including prices, shall remain in effect for a minimum of 180 days after the proposal due date. In w
the case of the awarded vendor, all proposal terms, including prices, shall remain in effect throughout the contract
negotiation process. z
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5. No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal c
higher than this proposal,or to submit any intentionally high or noncompetitive proposal. All proposals shall be made d
in good faith and without collusion.
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6. All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in Q
the proposal,except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion
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shall be in writing and included in the proposal at the time of submission. N
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7. Each vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual
services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict shall be a
disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to
give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,
favor, or service to a public servant or any employee or representative of same, in connection with this procurement. `m
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall automatically result in 0
the disqualification of a vendor's proposal. An award shall not be made where a conflict of interest exists. The State �j
shall determine whether a conflict of interest exists and whether it may reflect negatively on the State's selection of a
vendor. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest. 0
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8. All employees assigned to the project are authorized to work in this country. 0
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9. The company has a written equal opportunity policy that does not discriminate in employment practices with regard to Q
race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, Z
developmental disability or disability of another nature. r
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10. The company has a written policy regarding compliance for maintaining a drug-free workplace.
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11. Vendor understands and acknowledges that the representations within their proposal are material and important and d
shall be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as Q
fraudulent concealment from the State of the true facts relating to the proposal. L
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12. Vendor shall certify that any and all subcontractors comply with Sections 7, 8,9,and 10,above. M
The proposal shall be signed by the individual(s)legally authorized to bind the vendor per NRS 333.337. E
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Company Name: U
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Print Name:
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Signature: d
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Date:
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Revised:April 2021 Page I of] Packet Pg. 163
8.E.b
CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION
Submitted proposals, which are marked confidential in their entirety, or those in which a significant portion of the submitted o
proposal is marked confidential shall not be accepted by the State of Nevada. Pursuant to NRS 333.333, only proprietary
information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is `0
awarded;at which time,both successful and unsuccessful vendor proposals become public information. 070
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In accordance with the submittal instructions of this RFP,vendors are requested to submit confidential information in separate E
files flagged as confidential in NevadaEPro. E
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The State shall not be responsible for any information contained within the proposal.If vendors do not comply with the labeling W
requirements,proposals shall be released as submitted. In the event a governing board acts as the final authority,there may be 4)
public discussion regarding the submitted proposals that shall be in an open meeting format, the proposals shall remain
confidential. 0
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By signing below,I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to 3
defend and indemnify the State of Nevada for honoring such designation.I duly realize failure to so act shall constitute a complete
waiver, and all submitted information shall become public information; additionally, failure to label any information that is E
released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information. d
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If this proposal contains Confidential Information, Trade Secrets and/or Proprietary information. Please initial the appropriate Q
response in the boxes below and provide the justification for confidential status.Attached additional pages if necessary. 0)
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Proprietary Information Yes No
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Revised.•April 2021 Page 1 of 1 Packet Pg. 164
8.E.b
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements p
M
The undersigned certifies,to the best of his or her knowledge and belief,that: `o
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1. No Federal appropriated funds have been paid or shall be paid,by or on behalf of the undersigned,to any person U
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer w
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any y
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal W
contract,grant,loan,or cooperative agreement. U
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2. If any funds other than Federally appropriated funds have been paid or shall be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 3
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions. E
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3. The undersigned shall require that the language of this certification be included in the award documents for all
sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Q
agreements)and that all sub recipients shall certify and disclose accordingly.
.N
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty a
of not less than$10,000 and not more than$100,000 for each such failure. >
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Vendor Name: °o
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Project Title: c
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Print Name of Official Authorized to Sign Application: n
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Signature of Official Authorized to Sign Application: co
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Packet Pg. 165
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ATTACHMENT E
VENDOR PROPOSAL
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Packet Pg. 166
Proposal to
The State of Nevada Department
of Administration, Purchasing Division
In conjunction with NASPO ValuePoint
Part 1
Section 10.2, Technical Proposal
Section 10.6, Signed Attachments
JUSTICE
SYSTEMS
•
Nevada Solicitation Number 99SWC-S]820 `'
NASPO ValuePoint Master Agreement
for Security & Fire Protection Services
Justice Systems Corporation
February 23, 2023
MA5PO $
Value -
Packet Pg. 167
8.E.b
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
COVER LETTER
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Section 10.2 Q
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10.2A Title Page with Cover Letter U
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February 23, 2023
Nancy Feser
Nevada State Purchasing DivisionJUSTICE
y
515 E. Musser St, Suite 300
Carson City, NV 89701 SYSTEMS
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Subject: CflRP
Nevada Request for Proposal 99SWC S1820
NASPO ValuePoint Master Agreement for SECURITY DESIGN-BUILD SERVICE a,
Security & Fire Protection Services Q
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Dear Nancy: a
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This submits Justice Systems' proposal to continue our product and service offerings under the a
NASPO ValuePoint Master Agreement for Security & Fire Protection Services for the 2023 28 Q.
agreement. We specifically propose the following scope categories: �°O�
> Category 12, Access Control Systems o
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Category 13, Burglar Alarm System 0
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Category 14, Surveillance Services and Equipment a
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Category 15, High Security Control Systems w
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Although our offering is Nationwide, over the 2017 23 agreement, Justice Systems predominantly =
served Washington, with Participating Agreements as well in Nevada and Idaho. We also provide E
services to California, Oregon, and Hawaii and seek to market the NASPO ValuePoint agreement to L
those agencies.We expect our geographic region to expand over the life of the 2023 28 agreement.
Q
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We seek to translate our success marketing new participation in Washington State to our M
agency clients in other states. Continue expanding our NASPO ValuePoint Agreement usage N
beyond public safety to all government agencies throughout a wider region.
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Washington State's Department of Corrections (DOC) and Department of Social and Health Services 0
(DSHS) heavily rely upon Justice Systems' services under the NASPO agreement for security system y
upgrades and systems maintenance. King County, Island County, and other local agencies in Washington
do as well. Now we serve airports, 911 centers, courts, administration buildings,and general government
of all types_With our 2023 28 proposal,Justice Systems seeks to: E
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Packet Pg. 168
8.E.b
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
COVER LETTER DR►
SECURITY DESIGN-BUIEU SERME
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> Translate our success marketing new participation in Washington State to our agency clients o
in a broader region, and
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Why Justice Systems?
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prime contractor and cutover experience from high security controls brings value to access
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The following features and benefits distinguish Justice Systems from others seeking award in
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> We bring 6 years' track record of timely quarterly reporting and payment of fees under the 2017 Q
23 agreement to both NASPO ValuePoint and our participating entities, assuring that NASPO
ValuePoint and participating entities will continue to receive prompt reporting and payment.
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> We conform to all requirements of this RFP and take no exceptions to the 2023 28 Master L
Agreement. We have found the NASPO ValuePoint agreement amenable to our system upgrade, a
construction oriented projects. By mutually negotiating measurement and payment terms that
recognize the extended nature of the work, agencies assure that they pay only as milestones are
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> Prime contract management is essential to many projects. As a licensed general contractor v
in multiple jurisdictions, we have executed and managed dozens of subcontracts for ancillary c
remodeling, mechanical work, and disciplines. We have successfully managed over one hundred co
subcontracts for electrical rough in, structured cabling, and power distribution. This assures the 0
agency a single-point of responsibility for coordination and overall performance. a
> Our design build qualifications are unique Justice Systems being the only security systems z
integrator to be also licensed as an engineering firm with a design consulting background. We
are insured for any errors and omissions on our design and design build projects. 3
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> As professional engineers, we routinely assist agencies in the design, planning, and budgeting E
of security system projects frequently without charge. This allows them to develop and submit L
funding requests without the expense and delay of an outside consultant and substantially Q
reduces the time and expense of project initiation for the agency.
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> We have performed numerous comparable engagements over the 2017 23 NASPO ValuePoint
Agreement and demonstrated competence with all four system categories: Categories 12 15.
Although we began under High Security Control Systems (Category 15), our largest category is
now Surveillance Services and Equipment (Category 14).
> Previously specializing in high security controls and surveillance services,we have also broadened
to a substantial volume in Access Controls (Category 12) and Burglar Alarms (Category 13). )
In addition to public safety facilities, we now serve airports, 911 centers, courts, administration
buildings, and general government of all types.
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COVER LETTER DR►
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> With the 2023 28 NASPO ValuePoint Agreement we seek to translate our success marketing o
NASPO ValuePoint in Washington State to agency clients in other states. Beginning in public
safety, we have just begun to expand our NASPO ValuePoint Agreement usage to general a
government throughout a wider region. These are goals on our near horizon. v
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We routinely assist our client agencies in the design, planning, and budgeting of security
system projects - frequently without charge. This allows them to make funding requests
without days without the expense and delay of an outside consultant.
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Our Proposal Has Four Sections s
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The Table of Contents (10.213)following this Cover Letter(10.2A)organize this proposal into four parts:
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1. Section 10.2, Technical Proposal, and Section 10.6 Signed Attachments, which are public. Most 4)
content is within this first part. After the Table of Contents comes Sections 10.2C through 10.2F. Q
Within those sections, we have retained RFP paragraph numbering. To not breakup the flow, we a,
attach Business References and Key Personnel Resumes at the end of 10.2. To reduce sections, y
we included 10.6, Signed Attachments, in this first part of our proposal.
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2. Section 10.3, Technical Proposal Proprietary, which is confidential. This part contains an a
expanded version of this same Cover Letter, but with proprietary sales and revenue information.
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3. Section 10.4, Cost Proposal, which is public.
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4. Section 10.5, Financial Information, which is confidential. L)
Finally, we bring your attention to the Cross Matrix Reference for Evaluators after the Table of
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Contents. The matrix shows evaluators where to quickly find the material for each scoring category
within our proposal. We hope you find it useful in speeding your evaluation. O
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We ask for your award for Categories 12 15 in Nevada Request for Proposal 99SWC S1820. Thank you. z
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Paul Allyn, President, PE
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Justice Systems Corporation N
3902 West Valley Hwy N, Suite 306
Auburn, WA 98001
http://justicesys.com )
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PART I SECTION I TABLE OF CONTENTS (OeP
SECURI1T DEMN-RUIEU SERVICE
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10.2C - Response to Mandatory Minimum Requirements ...................................................9 0
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10.2 Attachment 2 Key Personnel (Public)...............................................................................64 E
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10.6A - Vendor Information Response
10.613 - Vendor Certifications
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NASPO VALUEPOINT MASTER AGREEMENT
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NASPO VALUEPOINT MASTER AGREEMENT 8.E.b
FOR SECURITY&FIRE PROTECTION SERVICES
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EVALUATION CRITERIA SECTION PARAGRAPH SCORE
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Conformance with Terms of the RFP
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Conformance with the Terms l / 10.2 > 10.2C, Response to Minimum Requirements
of this RFP(C.) - All requirements (8.2 through 8.9) 3
By taking no exceptions to the
> 10.2D Response to Critical Items
terms and conditions of this RFP 9.1 through 9.5 E
and all its attachments, Justice 9.7, Subcontractors
Systems fully conforms with 9.8, Key personnel duties Q
the terms of the RFP and seeks g.10, Na exceptions statement �
to maximize our Conformance =_
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Reporting (D.) 1 / 10.2 > 10.2D, Response to Critical Items
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Category 12, Access Control Systems �0
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Access Controls (A.) - 2.13,Category 12 Access Control Systems o
Experience in Performance of 1 /10.2 > Attachment 1, Reference #s 1, 2 & 3 O
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Comparable Engagements (B.)
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Category 13, Burglar Alarm Systems
Demonstrated Competence 1 / 10.2 > 10.2E, Response to Scope of Work
Burglar Alarms (A.) - 213, Category 13 Burglar Alarm Systems a,
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Category 14, Surveillance Services and Equipment 2
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Demonstrated Competence 1 /10.2 > 10.2E, Response to Scope of Work o
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Surveillance Services (A.) - 2.14, Category 14 Surveillance Services & v
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Experience in Performance of 1 /10.2 > Attachment 1, Reference #s 3 6 & 8 E
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Sales Volume 2 /10.3 > Overall Company Revenue
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Category 15, High Security Control Systems
Demonstrated Competence 1 /10.2 > 10.2E, Response to Scope of Work2.15,
High Security Control (A.) Category 15 High Security Control Systems 3
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Average of Labor and Support 3 /10.4 > Cost Schedule, 12.1.1 thru 12.1.9 L
Rates (1.) > Cost Schedule, 13.1.1 thru 13.1.9 a
> Cost Schedule, 14.1.1 thru 14.1.9
> Cost Schedule, 15.1.1 thru 15.1.9 f6 L
Materials Mark up (2.) 3 /10.4 > Cost Schedule 12.1.12 Cost Schedule 13.1.12 0
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NASPO VALUEPOINT MASTER AGREEMENT
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
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10.2C - Response to Mandatory Minimum Requirements
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8. MANDATORY MINIMUM REQUIREMENTS
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8.1. Pursuant to NRS 333.311 a contact cannot be awarded to a proposal that does not comply
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with the requirements listed in this section. Offeror will confirm that they will comply with 3
each of the requirements in Section 8 as reflected herein.
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8.2. NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339, any contract that is
16-
entered into may not: (1) Require the filing of any action or the arbitration of any dispute Q
that arises from the contract to be instituted or heard in another state or nation; or (2) a,
Require the State to indemnify another party against liability for damages. This requirement E
is applicable to a Master Agreement executed under this solicitation. Each Participating z
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Addendum will be subject to the laws required by the Participating Entity.
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Justice Systems will comply. >_
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8.3. NON APPROPRIATION. The continuation of a contract beyond the current biennium o
is subject to and contingent upon sufficient funds being appropriated, budgeted, and v
otherwise made available by state legislature(s) and/or federal sources. The Lead State may
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terminate a contract, and contractor waives any and all claims(s) for damages, effective
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immediately upon receipt of written notice (or any date specified therein) if for any reason
the contracting agency funding from state and/or federal sources is not appropriated or is a
withdrawn, limited, or impaired.
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Justice Systems will comply.
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8.4. NO BOYCOTT OF ISRAEL. Pursuant to NRS 333.338, the State of Nevada cannot enter a m
contract with a company unless that company agrees for the duration of the contract not
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awarded a contract, it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a). Q
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8.5. CONTRACT RESPONSIBILITY. Awarded vendor shall be the sole point of contract E
responsibility. The Lead State shall look solely to the awarded vendor for the performance
of all contractual obligations which may result from an award based on this RFP, and the
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Justice Systems will comply.
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8.6. DATA ENCRYPTION. Justice Systems will comply with Lead State IT requirement that data o
be encrypted in transit and in rest.
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Justice Systems will comply. O
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8.7. STATESIDE DATA. Justice Systems will comply with Lead State IT requirement that data E
assets must be maintained stateside, and data will not be held offshore. y
Justice Systems will comply.
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8.8. NEVADA BUSINESS LICENSE. Pursuant to NRS 353.007, prior to contract execution
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awarded vendor must hold a Nevada State business license pursuant to NRS chapter 76 3
unless exempted by NRS 76.100(7)(b).
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Justice Systems holds active Nevada Business License NV20071308625.
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8.9. DISCLOSURE. Each offeror shall include in its proposal a complete disclosure of any alleged Q
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breaches. We have no civil or criminal litigation or investigations prior or pending.
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10.21D - Response to Critical Items
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9.1. In addition to the Scope of Work and other attachments, the items listed in this section E
are critical to the success of the project. These items will be used in evaluating and scoring v
the proposal. Offeror proposal should address items in this section in enough detail to
provide evaluators an accurate understanding of offeror capabilities. Proposals that fail to
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9.2. NASPO ValuePoint MASTER AGREEMENT STATEMENT OF COMPLIANCE 3
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agreement except for negotiated terms and conditions specific to a Participating Addendum 4)
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Justice Systems agrees to be bound to all the terms and conditions in the Master Agreement. E
As stated in 9.10, we take no exceptions to the RFP terms and conditions. M
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Justice Systems understands we will negotiate additional terms and conditions when a
executing Participating Addenda with Participating Entities, but all Participating Addenda
we have executed to date have been agreeable as written.
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9.2.2. The Master Agreement will include, but not be limited to, the attached NASPO ValuePoint �0
Master Agreement Terms and Conditions and Lead State specific terms and conditions
required to execute a master agreement, 99SWC S1820 Scope of Work, and selected CD
portions of the offeror Proposal.
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and conditions. As stated in 9.10, we take no exceptions to the RFP terms and conditions. z
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9.2.3. Offerors must include a statement in their Proposal that they have read and understand all 3
terms and conditions and will comply fully.
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will comply fully. Q
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9.3. NASPO ValuePoint ADMINISTRATIVE FEE AND REPORTING REQUIREMENTS w
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9.3.1. To be eligible for award, the vendor agrees to pay a NASPO ValuePoint administrative fee E
as specified in Section 5 of the NASPO ValuePoint Master Agreement Terms and Conditions. N
Moreover, specific summary and detailed usage reporting requirements are prescribed by
Section 5 of NASPO ValuePoint Master Agreement Terms and Conditions.
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Justice Systems brings 6 years' track record of timely quarterly reporting and payment
of fees under the 2017-23 agreement to both NASPO ValuePoint and our participating
entities. Per agreement, no later than thirty (30) days following the end of each calendar E
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quarter, Justice Systems:
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9.3.1 Sales Data Reporting. Reports to NASPO ValuePoint and all Participating Addenda o
partners all Orders it has invoiced the ordering entity ("Sales Data").
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5.3.2 Summary Sales Data. Reports Sales Data cumulative totals by state, using the v
reporting tool or template.
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5.2.1 NASPO ValuePoint Fee. Pays the NASPO ValuePoint Administrative Fee of one- w
quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the m
end of each calendar quarter - usually within thirty (30) days.
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5.2.2 State Imposed Fees. Pays the Participating Entity administrative fees no later than s
sixty (60) days following the end of each calendar quarter - usually within thirty 3
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Justice Systems agrees to continue reporting summary and detailed usage, as well L
as paying the administrative fees, specified in Section 5 of the NASPO ValuePoint Q
Master Agreement Terms and Conditions (or any other clauses)and all Participating
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9.3.2. Contractor will be required to provide reporting contact within 15 days of Master Agreement
execution. This information must be kept current during the contract period. 4)
Justice Systems' bookkeeper, Jennifer Dobbins, has been responsible for providing the
mandatory usage reports and keeping the information current since August 2022,taking over o
for Debbie Castle. Assuming award, she will continue as Justice Systems' reporting contact. Lj
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governing participation in the cooperative, reporting and payment of administrative fees,
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program. In this regard,
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A. Describe experience working with contracting cooperatives.
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2017 including two 1-year extensions. Our agreement expires July 30, 2023. Q
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Washington State's Department of Corrections(DOC)and Department of Social and Health
Services (DSHS) heavily rely upon Justice Systems' services under the NASPO ValuePoint
agreement for security system upgrades and systems maintenance, as well as many local
agencies in Washington. Those agencies also rely upon Justice Systems' assistance with
design, planning, and budgeting - a side benefit that we offer.
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B. List the cooperatives through which you currently have a contract and provide sales
volume information for each. Identify any restrictions on pricing and sales imposed by your
other cooperative contracts.
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NASPO ValuePoint is our only cooperative agreement. Consequently, we market our o
client agencies to obtain our services through NASPO ValuePoint and our Participating
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Entities. Our 2020-22 sales volume within Washington state under the agreement has a
been substantial. See confidential Section 10.3 for sales volume amounts. °
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C. Describe how you intend to market your Master Agreement and encourage participation m
among potential Participating Entities, including state governments. >,
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Previously specializing in high security controls and surveillance services, under the 2017-
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23 agreement, we broadened to a substantial amount of access controls and burglar
alarms as well. We now serve airports, 911 centers, courts, administration buildings, and
general government of all types. Surveillance services is actually our largest category and 3
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we have substantial volume in access controls and burglar alarms. Thus, we request award
for 2023-28 in all four categories (Categories 12-15). E
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D. Describe how you intend to encourage usage of your Master Agreement by Purchasing Q
Entities. °1
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With the 2023-28 NASPO ValuePoint agreement, Justice Systems also seeks to translate
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our success marketing new participation in Washington State to agency clients in a broader a
region. In 2020, we successfully brought two Washington Counties into the Participating
Addendum primarily to obtain Justice Systems' services - King County and Island County.
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With less success, we also proposed NASPO ValuePoint to several of our client agencies in Q.
California, Oregon, and Hawaii. We will redouble those pursuits. °o
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E. Describe your approach to negotiation of Participating Addenda. Describe the extent to c
which you provide Participating Entities flexibility in incorporating entity specific language co
into their Participating Addenda. Do you require entities to provide statutory citations for 0
specific language?
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We provide great flexibility in incorporating entity-specific language into Participating 3
Addenda and do not require entities to provide statutory citations for specific language. m
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9.5. INSURANCE SCHEDULE. To be eligible for award, offeror agrees to acquire insurance from L
an insurance carrier or carriers licensed to conduct business in each Participating Entity Q
state at the prescribed levels set forth in Insurance Schedule attachment. Describe your
insurance or plans to obtain insurance satisfying the requirements, including ensuring that m
the named insured matches the offeror business name.
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Justice Systems will maintain the coverages required by the Insurance Schedule throughout N
the duration of the agreement. Due to umbrella policies, our coverages exceed those in the
schedule.For design-build services,Justice Systems insures our designs through professional c,
liability coverage. To our knowledge, we are unique in providing this additional coverage. U)
Justice Systems also provides performance and payment bonds on many projects for an c
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additional fee of under 2 percent. We often couple those with a retention bond at our own E
expense. Since retention bonds vastly simplify retainage accounting for both the agencies
and ourselves, we substitute them for withheld retainage whenever possible. a
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On each project, we inform our insurance broker of any specific coverages and the client o
agency's name. They then make the agency a "named insured" and issue a certificate for
coverage at the outset of the project. Q-
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9.6. VENDOR BACKGROUND
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9.6.1. Provide a description of vendor background and history and explain how vendor is qualified
to provide the services described in this RFP.
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Our mission has expanded beyond security systems for public safety facilities. Today, we U)
provide the following two main categories of service to all government facilities: s
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> Total Systems Delivery. Complete turnkey upgrade, replacement, and/or expansion services,
including all aspects of design and construction (design-build) for access controls, burglar E
alarms,surveillance systems,and/or high security controls-particularly when integrated together. L
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> Systems Repair and Maintenance. System evaluations, replacement planning, scheduled
maintenance and upgrade,on-call emergency services,and full maintenance contract services E
for access controls, burglar alarms, surveillance systems, and/or high security controls. M
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Our design-build qualifications are unique - Justice Systems being the only high security a
controls integrator to be also licensed as an engineering firm with a design consulting
background. We are insured for any errors and omissions on our design-build projects. m
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We routinely assist our client agencies in the design, planning, and budgeting of security °o
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Justice Systems is one of few security systems contractors with a full-time service 0
department. We maintain a 365/24/7 help line and stocked vans with commonly required
emergency spare parts and specialty test equipment. Each technician has all the requisite z
requirements for security clearances and experience with all system categories. Our staff
is certified in the systems that we install and maintain. 3
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described in this RFP to the public and/or private sector. L
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Since 1994 Justice Systems has been providing design and engineering services for security
systems to the public sector. Our intent upon founding, however,was to expand into design- U)
build services of those same security systems. Our additional services (construction and
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maintenance) services began in 2000. In 2006, we began focusing primarily on design- E
build and reduced professional services only to assisting client agencies with planning and
design-build. co
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Up until 2017, we specialized in public safety facilities (hence our name "Justice Systems"). y
A large component of electronic security systems within government agencies resides
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within public safety and justice facilities. Prior to 2017, NASPO ValuePoint did not have
Category 15, High Security Control Systems. During the RFI phase of that last agreement, E
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Justice Systems advised Nevada and NASPO ValuePoint of this specialty and its market o
size, and proposed this new category. Nevada and NASPO ValuePoint agreed and adopted
what is now Category 15. Q-
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Justice Systems has held the NASPO ValuePoint Master Agreement 3407 since August E
2017 including two 1-year extensions. Our agreement expires July 30, 2023. We have a;
always specialized in high security controls and surveillance services. However, under the >,
agreement, we broadened to a substantial amount of access controls and burglar alarms
as well. Thus, we are requesting award for this new agreement term in all four categories. y
9.6.3 Vendor Profile s
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A. Your company's full legal name E. Website
Justice Systems Corporation www.justicesys.com d
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B. Primary business address F. Sales contact information a'
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3902 West Valley Hwy N, Suite 306 Paul Allyn �►
Auburn, WA 98001 (425) 890-1300 v,
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C. Ownership structure G. Three year client retention rate 2
Subchapter S 90% plus a
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D. Employee size (number of employees) H. Three year growth >_
8 (excluding subcontractors and available 200%
IBEW electricians) I. Year founded o
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1994 U
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9.7. SUBCONTRACTORS
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9.7.1. Subcontractors are defined as a third party, not directly employed by the contractor, who Q
shall provide services identified in this RFP. This does not include third parties who provide z
support or incidental services to the contractor.
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Our deep experience and qualifications managing subcontractors allows Justice Systems
to perform all manner of security upgrades. Performing as prime contractor for the majority aEi
of our projects provides client agencies a single-point of responsibility for coordination L
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and overall performance. Q
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9.7.2. Proposal should include a completed Attachments for Signature document for each
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subcontractor.
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Specific subcontractors will be added only with prior approval of the Participating Entities
for individual projects as needed for project scope. Agency approval is required prior to
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subcontractor commencing work.
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Justice Systems will notify the using agency of the intended use of any subcontractors not
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identified within our original proposal and provide the information requested in the RFP in
Section 4.5.1a, Subcontractor Information. E
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In general, Justice Systems will subcontract: o
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> Signal raceways and pathway installation (i.e., electrical rough-in), a
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> Structured cabling systems installation, v
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> Ancillary cooling and/or fire protection
> Detention hardware and/or commercial hardware co
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> Minor remodeling and/or millwork (control rooms or equipment spaces) y
> Ancillary power distribution and surge protection
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> Other ancillary work as required c
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Being an IBEW union shop ourselves, for electrical subcontractors Justice Systems prefers
other IBEW union contractors (and is obligated to first consider them). For other trades, Q
union affiliation is less of a consideration, although nearly all our projects pay prevailing a,
wages. Our primary evaluation factors are recent, direct experience and availability of E
resources to meet schedule.
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9.7.3. Vendor shall not allow any subcontractor to commence work until all insurance required of a
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the subcontractor is provided to the vendor.
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Justice Systems subcontracts using standard Association of General Contractors (AGC) o
subcontractor agreements. We require a signed subcontract and insurance certificate with 0
the agency as the named insured before the commencement of work. Depending on the c
project, we also require schedule, schedule of values, safety plan, etc.. co
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9.7.4. Vendor shall provide any subcontract documentation (contract, scope of work, etc.) a
and disclosures as soon as practicable if there is a request for activities which are to be Q
subcontracted at a later date. Z
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We disclose subcontractors and provide their quotes to the Participating Entity in our proposals. 3
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9.7.5. Offeror proposal shall identify specific requirements of the project for which each aEi
subcontractor shall perform services. L
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A. How the work of any subcontractor(s) shall be supervised
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Supervision stems from tracking against subcontract scope of work and schedule,
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compliance review of subcontractor submittals, inter-trade coordination, and frequent E
inspection/observation - both in the office and the field.
In the field, Justice Systems performs traditional general contractor functions, supervising
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subcontractors on a daily basis, daily or weekly meetings, overseeing schedule, overseeing U)
safety, communicating with the Owner, etc.
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B. How channels of communication shall be maintained o
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Communications is supported through various meetings(pre-construction,pre-installation, a
weekly, etc.), minutes, and action item tracking. O
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Internally, Computer Ease project management (and accounting) software tracks E
submittals, requests for information (RFIs), requests for change (RFCs), change orders, w
and meeting minutes / action items status - both at the prime and subcontract level.
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Computer Ease also allows for resource and subcontractor planning. Microsoft Project 2
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provides critical path scheduling.
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At the Participating Entity level, Justice Systems conveys subcontractor communications 3
via the agency desired collaboration method (discreet emails, entry into its collaboration c
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software, etc.). For agencies without in-house collaboration systems on larger projects, E
subscription collaboration software may be employed (Submittal Exchange). L
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C. How compliance with contract terms and conditions will be assured
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If necessary (and it seldom has), subcontract enforcement measures provide leverage for
enforcement of contract compliance (e.g., notices to cure, payment withholds, etc.).
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D. Previous experience with subcontractor(s)
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Justice Systems has executed and managed over two hundred subcontracts for electrical o
rough-in,structured cabling,and ancillary power.Justice Systems is also a licensed general O
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contractor in multiple jurisdictions and has executed and managed dozens of subcontracts c
for ancillary remodeling, mechanical work, and other categories listed. Over the last 15 co
years,we have not had a subcontractor fail to complete its scope within contract value and
reasonably on time, nor to honor the quality of its work. a
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E. Confirm a willingness to provide the full subcontract between the vendor and Z
subcontractor(s) for review if requested by a Purchasing Entity
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Having already provided our subcontractor quotes to the Participating Entity, we are E
completely willing to share the subcontract documents.
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9.8. VENDOR STAFF RESUMES Q
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9.8.1. A resume shall be included for each proposed key personnel, see Proposed Staff Resume.
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Justice Systems hereby incorporates the following key personnel into our proposal and E
shall not seek to replace these personnel without following the agreement procedures:
> Paul Allyn, President/ Project Manager/ Project Engineer
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> Tom Finneran, Service Manager/ Project Manager
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Section 10.2, Attachment 2 provides resumes for these key personnel.
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9.8.2. A resume shall also be included for any proposed key subcontractor personnel. o
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Specific subcontractors will be added only with prior approval of the Participating Entities a
for individual projects as needed for project scope. Key personnel resumes shall accompany O
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those requests.
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9.8.3. Key Personnel. For the purposes of this section, Key Personnel is defined as the national
contract manager(s) and point(s) of contact for a Master Agreement. Lead State reserves
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the right to accept or reject any proposed Key Personnel and to require replacement of .2
Key Personnel. Contractor shall replace Key Personnel when needed with personnel having
equivalent education, knowledge, skills, ability, and experience. Contractor must notify Lead
State in writing of change in Key Personnel which Lead State, in its sole discretion, may 3
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accept. If at any time contractor provides notice of permanent removal or resignation of
Key Personnel, new Key Personnel must be designated immediately, and a written transition aEi
plan must be provided. Key Personnel requirements are as follows. aD
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A. Key Personnel must respond to all inquiries from Lead State, Participating Entities, and
Purchasing Entities within 2 business days.
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Our President will personally continue to respond to all inquiries from the Lead State, Ii
Participating Entities, and Purchasing Entities within 2 business days, if not much sooner. >
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B. Key Personnel must be capable of responding to all inquiries related to the contract, or
capable of directing an inquiry to appropriate contractor personnel, within 2 business days. c
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Our President will continue to personally respond to inquiries within 2 business days, if not c
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much sooner. o
C. Key Personnel must have experience in managing a national cooperative contract that is a
satisfactory in the sole discretion of the Lead State.
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Our key
personnel have successfully managed Justice Systems' NASPO ValuePoint 3
cooperative contract since 2017. Our current key personnel have substantially expanded
our agreement sales volume and obtained high marks for customer satisfaction from all E
Participating Entities.
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9.8.4. Participating Entities and Purchasing Entities may elect to identify other requirements Q
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for personnel assigned to a Participating Entity or Purchasing Entity in a Participating w
Addendum or Order.
Justice Systems' personnel are selected for clear criminal histories on background checks m
in order to work in justice facilities. As Washington State requires State contractors to
have COVID vaccinations, all personnel are currently vaccinated. We understand that a,
Participating Entities and Purchasing Entities may elect to identify other requirements for
our assigned personnel and will negotiate those during the proposal phase.
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9.9. CUSTOMER SERVICE o
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9.9.1. What is the coverage area of your services? a
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Although our offering is Nationwide, over the 2017-23 agreement, Justice Systems y
predominantly served Washington, with Participating Agreements in Nevada and Idaho. E
We would like our geographic region to expand with the 2023-28 agreement to include
California, Oregon, Hawaii, and potentially other states.
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9.9.2. What are your hours of operation and when are key account people available to us across U)
time zones?
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During business hours (8 am to 5 pm, M-F), Justice Systems' key people are available
by main number, cell number, and email. After hours, Justice Systems maintains a call E
service and call tree that clients receive with a 24/7/365 toll-free number. Those calls are
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answered within 30 minutes by the person assigned. a'
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9.9.3. Describe how problem identification and resolution will be handled. E
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Justice Systems strongly prefers remote access through VPN arranged with and secured L
by the Participating Entity's IT department. This allows remote problem identification, in a
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conjunction with the Participating Entity. If not solvable remotely, Justice Systems then
responds in person within the response time agreed upon in the Participating Addendum
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or individual project. o
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9.9.4. How will you service the Lead State and any Participating Addenda accounts? Describe the c
system you will use to manage the Lead State and any Participating Addendum account. co
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Accounts are managed by engineering during the proposal and contracts stage, then a
handed off to operations after award for implementation. All project management, job
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costing, and billing is performed in Computer Ease software. Computer Ease's service Z
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management module provides work order tracking, as well service job costing and billing. 3
9.9.5. How do you respond to customer complaints and service issues?
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Service issues are responded to through normal channels above within the upon response L
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time agreed upon in the Participating Addendum or individual project. Where a warranty Q
exists, a determination is made after diagnosis of the problem as to warranty coverage. y
Otherwise, the issue is handled as a service call. f6
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Complaints other than service issues are elevated to the President, where facts are
gathered, questions and explanations are pursued from the complainant, and contracts
reviewed. Then a conference is held with the persons involved to evaluate solutions. The
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President then sees that these solutions are implemented. `2
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9.9.6. How do you assess customer satisfaction? o
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By the frequency of repeat business and referrals, particularly the opportunity to provide a
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service. We openly, periodically asking our customers for a verbal assessment (i.e., "how O
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are we doing?").Justice Systems also self-assesses its service quality (number of warranty E
calls or callbacks, for example), responsiveness, disruption to operations, and level of a;
support after project completion. >%
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9.9.7. What are your quality assurance measures and how are they handled in your organization? .2
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Justice Systems internally bench tests against developed test procedures by "two sets of s
eyes" and repeats testing until all items are corrected. This testing is often followed by 3
Owner-witnessed bench testing and any further corrections. Justice Systems then field
tests in advance of "hot cutover" to the greatest degree practical. When the Owner is E
satisfied and approves "cutover ready," functions are often tested in use shortly after their (D
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replacement. Finally, projects are wrapped up with formal acceptance testing - sometimes
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continuous operational testing where specified. a,
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9.10. EXCEPTIONS TO TERMS AND CONDITIONS z
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9.10.1. The Lead State discourages exceptions to contract terms and conditions in the RFP and a
the NASPO ValuePoint Master Agreement Terms and Conditions. Exceptions may cause a
proposal to be rejected as nonresponsive when, in the sole judgment of the Lead State (and
its evaluation team), the proposal appears to be conditioned on the exception or correction o
of what is deemed to be a deficiency or unacceptable exception would require a substantial v
proposal rewrite to correct. Any exceptions to the Cost Schedule will not be accepted. If
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a vendor feels exceptions are necessary to submit a proposal, they should be submitted
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as redlines to the applicable document in Word format. If a vendor is rejecting language,
alternative language must be proposed. Oa
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By taking no exceptions to the terms and conditions of this RFP and all its attachments, Q
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rest assured that Justice Systems fully conforms with the terms of the RFP.We have sought
to be in complete conformance and to maximize our Conformance Score. 3
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9.10.2. Offerors should identify or seek to clarify any problems with contract language, or any aEi
other document contained within this RFP during the Q&A. L
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The Q&A responses clarified all issues for Justice Systems. We have incorporated the few
amendments from those responses into this proposal.Justice Systems takes no exceptions m
to the terms and conditions of this RFP.
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9.10.3. Moreover, offerors are cautioned that award may be made on receipt of initial proposals a)
without clarification or an opportunity for discussion, and the nature of exceptions would
be evaluated. Further, the nature of exceptions will be considered in the competitive range
determination if one is conducted. In the sole discretion of the Lead State, Exceptions may y
be evaluated to determine: the extent to which the alternative language or approach poses
unreasonable, additional risk; is judged to inhibit achieving the objectives of the RFP; or
whose ambiguity makes evaluation difficult and a fair resolution (available to all offerors) E
impractical given the timeframe for the RFP. Exceptions may result in a Proposal being
rejected as nonresponsive and the Lead State is under no obligation to consider exceptions. a
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Justice Systems takes no exceptions to the terms and conditions of this RFP. o
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9.11. PRICE AND RATE GUARANTEE PERIOD. All prices and rates offered shall be guaranteed a
for the first two years of the Master Agreement. Any request for price or rate adjustment v
following that initial two years shall be limited to one request for increase annually thereafter,
as detailed in Section VI of the NASPO ValuePoint Master Agreement Terms and Conditions. E
Any request for a price increase must include justification and will be approved or denied at
the sole discretion of the Lead State.
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Justice Systems guarantees all prices and rates in our proposal for the first two-years of U)
the Master Agreement. We understand that requests for price or rate adjustment following
that initial two-years shall be limited to one request for increase annually and must include 3
justification. We further understand that requests will be approved or denied at the sole
discretion of the Lead State.
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9.12. VENDOR FINANCIAL INFORMATION a�
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See Section 10.5, Vendor Financial Information.
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9.13. BUSINESS REFERENCES L
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9.13.1. The information requested in this section is designated as confidential business information
by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant m
to NRS 333.333. Q.
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Justice Systems requests that Section 10.2,Attachment 1, Projects for Business References, v
be public for the review of Participating Entities after potential award. c
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9.13.2. Offerors shall provide a minimum of three (3) business references from similar projects 0
performed for private and/or public sector clients within the last five(5)years,see Reference a
Questionnaire. Q
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Section 10.2, Attachment 1, Projects for Business References, provides ten (10) project 3
references demonstrating our experience in the performance of comparable engagements.
These project descriptions follow the format of RFP 3407 from 2017. aEi
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Our substantial experience in all four system categories - and their integration as one Q
system - qualifies Justice Systems as a rounded security systems design-build vendor for
Service Categories 12-15.
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9.13.3. The purpose of these references is to document relevant experience and aid in the evaluation E
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process. w
9.13.4. Business references should return Reference Questionnaire directly to Single Point of
Contact via email. U)
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9.13.5. Business references will not be accepted directly from proposing vendor. o
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9.13.6. The Lead State will not disclose submitted references but will confirm if a reference has a
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been received. O
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9.13.7. The Lead State reserves the right to contact references during evaluation. E
Primary contacts from Projects 1-10 were sent the Reference Questionnaire and asked to
return their completed form directly to Nancy.
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10.2E - Response to Scope of Work
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1. Overview rn
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1.1 &1.6. Categories >,
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Justice Systems hereby submits our products and services for the following scope categories:
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> Category 12, Access Control Systems s
> Category 13, Burglar Alarm Systems 3
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> Category 14, Surveillance Services and Equipment aEi
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> Category 15, High Security Control Systems a'
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1.3. Geographic Locations E
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Justice Systems currently provides products and services for the states of Washington, L
Nevada and Idaho, as well as California, Oregon, and Hawaii. Our geographic region may a
expand over the life of this agreement. We are headquartered in Auburn, Washington.
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Translate our success marketing new participation in Washington State to our agency clients in Q-
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California and Oregon. Continue expanding beyond public safety to all government agencies O
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throughout this region.
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1.4 Universal Requirements p
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For all proposed service categories, Justice Systems: Q
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1.4.1. Ensures that the facilities are in compliance with all existing Participating Entities rules 3
and regulations;
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1.4.2. Will be in compliance with current National Fire Protection Association (NFPA) Standards, L
Participating Entities Contractor's Board Licensing and Participating Entities State and Q
Local Fire regulations at the time supplies or systems are delivered pursuant to an order
under the Master Agreement;
1.4.3. Ensures all services are conducted by a State Certified/Licensed Technician; E
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1.4.4. Ensures all services are conducted in accordance with any certification requirements
within Participating Entitles;
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1.4.5. Ensures all equipment is compatible to the best industrial standards and must function as
designed after installation;
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1.4.6. Will not apply surcharges for transportation, fuel, energy, insurance or any other reason o
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throughout the duration of the contract(s); and M
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1.4.7. Shall ensure permits must be current and remain current. v
1.4.8. Will discuss findings with the Participating Entity's point of contact prior to leaving site E
and submit a report including the findings no later than 24 hours after inspection.
1.4.9. Shall include the cost of initial inspection, any required maintenance, and any needed
follow-up inspections (at no additional cost for the follow up inspection)for all inspections 3
performed.
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1.4.10. Will be an authorized reseller of any manufacturer brand offered and will make certification 3
available to Participating Entities upon request.
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1.4.11. Will not allow any part of the resulting contract from this solicitation be performed offshore
of the United States by persons located offshore of the United State or by means, methods, Q
or communications that, in whole or in part, take place offshore of the United States. c'
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1.4.12. May offer additional services as related to awarded categories;
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System Upgrades. We typically help agencies formulate projects based on known
problems. We arrange a facility walk-through, observe the issues, and examine the system.
If upgrades are called for, we provide a written system evaluation inclusive of our findings, Q.
engineered scope statement, not-to-exceed budgetary estimate, and expected duration °o
of project (frequently without charge). If and when funds are secured, we firm up proposal t�
language, proposed products, price proposals, and schedules. Upon receipt of agreement, oc
we proceed into detailed engineering, submittals, project planning, pre-project meetings, 00
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and subcontracting (when applicable). Under competitive procurements, we can also O
assist with request for proposal (RFP) language. a.
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Service. Experience has proven that preventative maintenance of these systems reduces Z
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or eliminates expensive, unplanned, emergency visits. We typically recommend quarterly 3
or twice yearly preventative maintenance visits, during which routine checks, diagnostics, _
routine backups, and other procedures are completed, and any backlogged repairs 0)
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performed. Between visits,with remote access to the system under agency Internet security 0)
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procedures, we can remotely train, assist, and diagnose problems, before responding in Q
person at higher cost.
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1.5. Contract Usage
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Justice Systems has 6 years' contract usage experience under these terms with dozens of N
State and Local agencies, having significantly used our NASPO ValuePoint Security & Fire 0"
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Protection Services Agreement from 2017-2023. We prepare responsive, clear proposals
with open-book pricing and negotiate prudent payment and acceptance terms, agreeable to
both ourselves and the Participating Entity. We assist agencies with planning their projects
during the proposal and negotiation process (often at no cost to the agency). Under the
agreement, we have won several direct competitions against our larger competitors in these a�
scope categories.
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For all proposed service categories, Justice Systems agrees: o
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1.5.1. All services performed under these contracts should have an executed service agreement, a
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purchase order, or similar between Purchasing Entity and vendor prior to performance of v
work. E
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1.5.2. Use of a contract does not require further competition. However, a Purchasing Entity
may, and are encouraged to, conduct informal competition by request a project specific N
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technical and cost proposal from multiple qualified contractors prior executing a service
agreement for a project or on-going support.
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1.5.3. In developing an informal request, service agreement, or other project document, a 3
Purchasing Entity can request firm-fixed-fee deliverable based pricing for a project. In c
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providing a quote or estimate vendor must document how project pricing is determined E
based on the Master Agreement pricing. Once a service agreement, purchase order, or L
similar has been executed between Purchasing Entity and Justice Systems the fixed project a
pricing applies.
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1.5.4. When requesting project specific proposals, a Purchasing Entity is not required to select
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the lowest priced proposal, but can select a proposal in the best interest of the Purchasing a
Entity.
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1.5.5. There is no guarantee of contract usage or distribution across awarded contracts.
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1.5.6. Contracts are not exclusive. Purchasing Entities reserve the right to solicit separately for �j
an individual project that otherwise would be covered under these contracts using any c
legally authorized procurement method. M
1.5.7. Justice Systems may enter an agreement with a Purchasing Entity under resultant contract, a
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so long as the effective date of such agreement is prior to the expiration of the contract. a
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1.5.8. If Justice Systems will require agencies to sign a subordinate agreement, such agreement 3
terms must be approved by each Purchasing Entity prior to signing. _
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1.5.9. Justice Systems shall provide acknowledgement within 48 hours of request (unless d
otherwise approved by Purchasing Entity) for each new or replacement installation as a,
required by a Purchasing Entity. Justice Systems shall provide a reasonable estimate Q
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on quote completion and project timelines where possible. Quotes should offer price
differences for lease and purchase options as requested by the Purchasing Entity. [Note 2
Amended by Q & A.] U)
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1.5.10. Justice Systems shall provide acknowledgement within 48 hours of request (unless N
otherwise approved by Purchasing Entity) for maintenance of new and existing systems m
as required by each Purchasing Entity. Contractor shall provide a reasonable estimate y
on quote completion and project timelines where possible. Quotes should offer price
differences for lease and purchase options as requested by the Purchasing Entity. [Note
Amended by Q & A.] E
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1.5.11. Purchasing Entity may have proprietary equipment. Justice Systems is responsible o
for working with or notifying a Purchasing Entity regarding maintenance and repair of
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1.5.12. Justice Systems designates our Service Manager, Tom Finneran, to be the liaison for state E
information technology staff to handle the day-to-day operations. References for Tom a;
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2. Category Descriptions and Details o
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2.12 Category 12 Access Control Systems c
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Demonstrated Competence Experience in Performance of Comparable W
Over the last 5 years,our certified technicians Engagements
have completed at least 7 access control Under the NASPO ValuePoint Agreement,
systems, ranging in size up to 300 readers. we have installed new access controls at
These include new installations and retrofits. Island County Camano (Ref #1), retrofit the ,
We have been prime contractor for most remainder of the system at the Coupeville
projects, using subcontractors for electrical Campus (Ref #1), and upgraded the
rough in and cabling, builders' hardware, Washington Corrections Center for Women 3
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and door installation. Our technicians are (Ref #3). We are also working on the Kitsap
certified in Genetec and licensed IBEW County 911 Center within NASPO. Outside 4)
electricians or apprentices. NASPO, we have installed new access a,
controls at King County CFJC and the CFJC Q
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(and may also use TCP). Reusable passwords are a vulnerability: the improved TACACS+ °O
provides better password protection by allowing multifactor authentication. v
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phone based apps. TACACS+ is an option for multifactor authentication. p
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2.12.2. The Access Control Systems category includes, -"' o
but is not limited to the following services: _-
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A. All aspects of access control system services o
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B. Installation of new systems E
C. Replacement or upgrade of systems
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D. Removal of existing systems
E. Integration of various types of systems
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F. Provide and install all related equipment
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systems to new,and maintained other systems. >
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access controls with burglar alarms (Category v
13) and surveillance (Category 14) - being
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the perfect software for all three. This saves New electrified storefront doors being
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agencies from learning and maintaining two to installed by a Justice Systems'subcontractor
to retrofit an access control system.Justice O
three different systems, as well as having their Systems performs as prime contractor on the a
integration break on future upgrades. majority of our projects-giving the agency a Q
single-point of responsibility for coordination Z
Performing as prime contractor for the and overall performance.
majority of our projects, we use subcontractors 3
for electrical rough-in and cabling, builders m
hardware, and door installation, when these are in the project scope. This provides the
agency a single-point of responsibility for coordination and overall performance a,
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A. Respond to trouble calls within four (4) hours, including weekends and holidays
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equipment and shall not remove a defective unit without an immediate replacement
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D. Replacement and repair of equipment must be provided to a specific location, or within E
an assigned geographical area inside a location
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Under our maintenance engagements, we respond by telephone and remote access within o
hours nationwide. Within Washington, Justice Systems will agree to respond remotely
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or on site to trouble calls within 4 hours, including weekends and holidays. Outside Q-
Washington, we will agree to respond on site by next business day. Our access controls �j
repair personnel are certified in the systems they maintain and arrive in vans with the tools
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necessary to replace, repair, and/or maintain each system at the time dispatched. With ?
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standing maintenance agreements and a spare parts option,all facilities are equipped with
parts inventories to effect an immediate replacement of failed parts.
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2.12.4. Provide programming and work individually with each Participating Entity information
technology staff when installing new or maintaining previously installed systems.
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We frequently help agencies import cardholder data and images, design badge / card
graphics, print cards, setup access groups and privileges, and similar assistance, working aEi
with agency IT staff. We also work with IT staff frequently to specify Owner-furnished aD
network switches, servers, and workstations. We then install and configure the access Q
controls software, as well as train. The Owner-furnished hardware option enables agencies c
to standardize access control hardware and networks with other IT systems, as well as M
maintain network security. 0
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2.13 Category 13 Burglar Alarm Systems o
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Demonstrated Competence Experience in Performance of Comparable c
Our Genetec Security Center certified Engagements c�
technicians have both installed new burglar We have completed a substantial burglar E
alarm systems in multiple facilities over the alarm project under the NASPO ValuePoint
last 5 years. We maintain the systems and Agreement, and provided multiple burglar
tie them into central monitoring. We have alarms outside the agreement over the
also retrofit systems. Besides being certified last 5 years. Our monitoring subcontractor, U)
technicians, our staff are licensed IBEW Criticom Monitoring Services (CMS),
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electricians or apprentices. provides high quality monitoring nationwide 3
to more than 4,000 alarm companies and
their 800,000 customers.Our representative
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and #2 in Attachment a'
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2.13.1. The Burglar Alarm Systems category includes, but is not limited to the following services: M
2.13.2. All aspects of burglar alarm system services a
2.13.3. System Monitoring: >
A. Provide a 24 hour (UL) station
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B. Provide backup communication, i.e., radio or cell phone °o
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Our monitoring subcontractor, Criticom Monitoring Services (CMS), has provided high- c
quality monitoring nationwide since 1978. CMS uses three networked, UL-listed, FM- co
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approved monitoring centers, located in California, Florida and New Jersey, to provide
true national redundancy and best-in-class disaster recovery. Serving more than 4,000 a
alarm companies and their 800,000 customers, their broad range of monitoring services
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includes response to security,fire,personal emergency response,environmental,interactive Z
services, two-way voice, mPERS and video.
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2.13.6. Removal of existing systems
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Over the last 5 years, our Genetec Security Center certified technicians have both installed
new intrusion and panic alarms in multiple government facilities, replaced and upgraded
older systems to new, and maintained other systems. We either connect to our monitoring +;
partner, CMS, or the agency's existing central monitoring service. Either way, we program,
coordinate, and fully test alarm transmission and receipt.
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2.13.7. Maintenance and repair (including emergency repairs) of systems U)
A. Respond to trouble calls within four (4) hours, including weekends and holidays
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B. Repair personnel must carry adequate hardware inventory to replace, repair, and/or
maintain each system at the time dispatched
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C. Repair personnel must be prepared to provide an immediate o
replacement for defective equipment and shall not remove a defective
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unit without an immediate replacement a
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D. Replacement and repair of equipment must be provided to a specific v
{' location, or within an assigned geographical area inside a location E
Under a maintenance agreement, we respond by telephone and
I remote access within hours nationwide. Within Washington, Justice
' Systems will agree to respond remotely or on site to trouble calls within .2
4 hours, including weekends and holidays. Outside Washington, we
�- will agree to respond on site by next business day. Our burglar alarm s
repair personnel are certified in the systems they maintain and arrive 3
in vans with the tools necessary to replace, repair, and/or maintain
each system at the time dispatched. With standing maintenance E
agreements and a spare parts option, all facilities are equipped with L
parts inventories to effect an immediate replacement of failed parts. a'
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2.13.8. Integration to existing systems as requested =_.y
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We use Genetec Security Center and its built-in DMP panel integration
to "unify" intrusion and panic alarms with access controls (Category a
Burglar alarm/intrusion/ 12). This saves agencies from learning and maintaining two different W
panic alarm panel beneath security systems, as well as having the integration between them '
the access control panel at break on a future upgrade.
Island County Camano Q.
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Justice Systems agrees with all of the following items: v
2.13.9. Provide and install all related equipment and items that are needed to complete work c
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2.13.10. The authorized Purchasing Entity representative and/or designee will identify the
procedures by which work requests will be assigned O
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2.13.11.Existing systems must be matched in any new additions or new construction. During z
renovations, the system in the renovated area being replaced must match the system that
is currently in operation and must become an integral part thereof. Vendors must ensure 3
complete connectivity and integration to each existing system in those instances where an m
addition or upgrade is warranted E
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2.13.12.Designate a single point of contact who can address the programing needs of alarm 01
systems in use throughout Purchasing Entity facilitates with a certified tech Q
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2.13.13.Justice Systems possesses the ability to provide for individual access codes cNa
We "master planned" the Island County system to provide individual facility codes for
each building. These codes were carried through the access controls, panic and intrusion
alarms, and surveillance systems to distinguish between buildings.
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2.14 Category 14 Surveillance Services and Equipment o
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Demonstrated Competence Experience in Performance of Comparable v
Over the last 5 years,our certified technicians Engagements v,
have completed 20 substantial surveillance Under the NASPO ValuePoint Agreement,
systems both new installations and the we installed new surveillance systems at >,
replacement and upgrade of existing Island County Camano (Ref#1) and replaced
systems. We provide maintenance services and upgraded Island County Jail and
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for a systems of 750 cameras at 3 individual Washington Corrections Center for Women
facilities and maintain several others. (Ref #s 3 & 8). Outside NASPO, we have
Our technicians are certified in Genetec, installed new surveillance systems at the 3
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FLIR, and Vicon. They are also licensed King County CFJC (Ref #4) and upgraded
IBEW electricians or apprentices. We are and replaced Kern County Jail and Calaveras aEi
professional engineers and Axis Certified County Jail (Ref #s 5 & 6). We have further L
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Designers using the latest CAD tools for our helped NASPO client agencies design and Q
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planning and designs. budget for dozens of surveillance services =_.y
and equipment projects. M
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2.14.1. This category includes, but is not limited to the following services: >
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2.14.3. Installation of new systems L)
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2.14.5. Removal of existing systems 0
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Justice Systems offers subscription-based, cloud storage through both Genetec Security z
Center or FLIR Latitude. For onsite storage, we provide servers and storage by either
Genetec Streamvault or BCD Video. We have designed and proposed numerous systems 3
above 1,000 TB and installed/maintained surveillance systems of similar size.Alternatively, E
each of our camera offerings provide the option for local storage cards on the camera for
short-term storage or failsafe recording. Q
We have designed and installed 20 surveillance systems over the last 5 years, ranging y
in size from under 10 cameras up through 450 cameras - both new systems and
replacements/upgrades. Several of these upgrades have been conversions from analog to
digital, entailing replacement of coaxial cabling with Category 6 cabling, and removal of ?
the existing systems.
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We have provided the engineering services to plan and budget for dozens of additional systems.
Design entails coverage studies to plan camera views and resolutions,followed by storage and
bandwidth calculations to size servers,storage arrays,and network switches.We are professional
engineers and Axis Certified Designers. We employ VideoCAD software in surveillance service
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and equipment design.We also model in Revit 3D for new architectural designs.
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After award of a replacement or upgrade project,we frequently confirm and adjust camera
views through on site camera surveys, where we mockup the views for the agency with
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actual cameras temporarily put in place. Q-
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VideoCAD 3D camera coverage
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study for a public utility parking y
lot.VideoCAD accurately depicts
the field-of-view and pixel depth of N
various cameras. It allows agencies V
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maintain each system at the time dispatched
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D. Replacement and repair of equipment must be provided to a specific location, or within Q
an assigned geographical area inside a location z
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Under our maintenance engagements, we respond by telephone and remote access within 3
hours nationwide. Within Washington, Justice Systems will agree to respond remotely
or on site to trouble calls within 4 hours, including weekends and holidays. Outside E
Washington, we will agree to respond on site by next business day. Our access controls L
repair personnel are certified in the systems they maintain and arrive in vans with the tools a'
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necessary to replace, repair, and/or maintain each system at the time dispatched. With
standing maintenance agreements and a spare parts option,all facilities are equipped with m
parts inventories to effect an immediate replacement of failed parts.
2.14.7. Integration to existing systems as requested
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Through Genetec Security Center we generally "unify" surveillance systems with access U)
controls (Category 12) rather than "integrate." Using the same system for both saves
agencies from learning and maintaining two different systems, as well as risking breakage n
of the integration on future upgrades.
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We integrate to high security controls(Category 15)through serial or IP interface,providing
camera switching in response to controls actions on the operator touchscreen workstation.
This automatic camera switching saves operator time and makes controls more intuitive.
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2.14.8. Provide and install all related equipment such as wires and fasteners that may be needed o
to complete work.
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Performing as prime contractor for the majority of our projects, we often use electrical c
subcontractors for rough-in and cabling - particularly in higher security installations where v
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all cabling is protected by raceway. We have the option of installing open, plenum-rated E
cabling with our own IBEW low-voltage electricians. y
We employ subcontractors, architects, and engineers for equipment space data center
improvements when servers and storage exceed existing capacity or the facility lacks r
suitable space. This includes room remodeling, large-scale UPS, UPS power panel
distribution, HVAC cooling, and similar improvements. For the Spokane County Jail, we s
designed and built the existing control room as a security retrofit to the existing building. 3
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Mobile security carts furnished and commissioned
under the NASPO ValuePoint Agreement for a Q
County airport. Carts employ Genetec Security
Center and Axis cameras. Use of NASPO
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Each of our camera offerings by Axis, Vicon, or FLIR provide the option for local video
storage cards on the camera. rn
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2.14.11. Provide the option for agencies to build their own stand alone computer to run the system,
or request that the vendor build it for them U)
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On many projects, we design and specify the servers, storage arrays, and workstations U)
that the agency furnishes themselves. We frequently collaborate on the Owner-furnished
network, including IP schema and PoE budgets, while the agency provides and configures
the network switches.We often provide and mount any large-format monitors.We install and E
configure the VMS video management system software on this Owner-furnished hardware. 0
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This collaboration with agencies enables them to standardize surveillance hardware and o
networks with other IT systems, as well as internally maintain their network security. This M
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method is used with King County, Washington for networking on their projects, while a
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for the Washington Department of Corrections and Kitsap County 911, for example, they v
Owner-furnish all hardware and networking.
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networking. N
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2.14.12. Offer a wide variety of indoor and outdoor cameras and wireless transmitters to work in
conjunction with video cards
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Each of our camera offerings by Axis, Vicon, or FLIR provide the option for local video 3
storage cards on the camera. _
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Axis,Vicon,and FLIR improve their camera offerings annually,so the following descriptions aEi
will change over the life of this agreement. Virtually all offerings provide built-in infrared
(IR) illuminators and day/night lenses to obtain black and white coverage in near darkness. Q
Most also provide wide dynamic range and backlight compensation, so they compensate
for deep shadows and bright glare (but placement should still avoid direct sunlight). N
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With an Axis Certified Designer and Professional Engineer, 30 years' design experience,
and VideoCAD design tools at our disposal, you may trust Justice Systems to design and a
recommend the optimal camera for every scene.
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Axis,Vicon, and FLIR provide a wide variety of indoor and outdoor cameras including domes Q.
and bullets in resolutions from 1080p up to 4k. They offer a hemispheric "fisheye" of 12 MP °o
that we mount on ceilings and walls to view an entire room without blind spots. Each provides v
a hardened corner model of 3 MP for cells, elevators, vestibules, and similar locations. c
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Outdoors, Axis, Vicon, FLIR, and Hanwha offer a multi-element model with 360-degree
coverage that frequently replaces pan-tilt-zoom (PTZ) models. This allows recording an a
entire section of parking lot, for example, without concern the PTZ will be aimed the a
wrong way. Vicon offers the multi-element in a 4 x 8 MP version that is our favorites for z
this application. Axis, FLIR, and Hanwha offer a 4 x 5 MP version. Each vendor also offers w
traditional PTZ cameras in 1080p or 4k versions. 3
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Where a camera is difficult to reach with cabling, we backhaul the video over wireless E
using FluidMesh Networks by Cisco in either a point-to-point, point-to-multipoint, or mesh L
network configuration. Real throughput in such designs can reach 150 Mbps for a group of Q
cameras networked through wireless.
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2.15 Category 15 High Security Control Systems o
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Demonstrated Competence Experience in Performance of Comparable c
Over the last 5 years, Justice Systems has Engagements v
completed 21 high security control system Under the NASPO ValuePoint Agreement, E
primarily within existing ails we have completed 11 high security control
projects p Y g J p g Y w
and prisons. We frequently serve as prime systems projects, such as Washington
contractor. Typically we execute "hot Corrections Center for Women, Island
cutovers," keeping existing systems running County Jail, and Clallam Bay Corrections y
while transitioning to the new system. Center (Ref#s 3, 8 & 9). Outside NASPO, we
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We also maintain systems at multiple jails, have completed another 10 projects these 3
prisons, and courts. Our staff are certified last 5 years, including Calaveras County Jail,
technicians, as well as licensed IBEW Clallam County Jail, and Klickitat County Jail E
electricians or apprentices. We are also (Ref#s 6,7&10).We are currently upgrading L
professional engineers and design build as a the Eastern Oregon Correctional Institution a'
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professional practice. a major system for a 1,600 bed prison. Our
experience also entails secure mental health
and juvenile facilities.
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2.15.1. The High Security Control Systems category includes, but is not limited to the following services:
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2.15.3. Testing, training v
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Justice Systems brings a long history of security retrofits and upgrades to secure facilities, M
such as jails, prisons, juvenile facilities, secure mental health and courts. We frequently 0
serve as prime contractor, bringing in subcontractors for electrical rough-in, core drilling, a
door hardware, and similar disciplines. Our experience cutting over systems from old z
to new with minimal downtime is a major benefit. Most facilities we work within
remain fully operational and cannot afford substantial downtime. 3
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2.15.4. The DCS category custom integrates HMI/SCADA operator interfaces with programmable aEi
logic controllers(PLCs),and various communication subsystems to create a single integrated
security system. Custom tailor, program, and configure to remotely move and secure Q
confined individuals in a specific detention, correctional, courts holding, mental }?
y health, or similar secure facility
; generally, from a 24 hour central control room �
supported by distributed satellite stations. Representative subsystems may include, v,
but is not limited to:
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We specialize in control center design and design-build. We work closely with Xybix, a
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manufacturer of dispatch consoles, on the ergonomic design of each control center to
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increase comfort for operators and reduce injury. We also integrate HMIs, PLCs, intercoms,
surveillance, and utility controls to help operators with the efficiency of their control tasks.
In most facilities, they must balance control duties with other functions.
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A. Operator interfaces employing PC based o
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client/server or peer systems. Representative £
pointing devices include mouse,touchscreen, a>
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work together with Status Automation, a }
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controls vendor specializing in HMI, PLC, 3
and SCADA for secure facilities. We most --
commonly implement operator interfaces
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B. Master to master staff intercommunications, typically on a full duplex, dialup basis
For paging, we utilize Bogen and Harding. For intercom, Harding and Zenitel. Harding a
Instruments typically applies best in detention facilities, whereas Bogen and Zenitel often >
work best in secure mental health.
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C. Door monitoring and control systems. Field device interfaces (relays,fuses, and terminals) o
to detention locking systems and door control programming °
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to connect to PI-Cs. p
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D. Utility monitoring and control systems. Data interfaces or field device interfaces to lighting Q
control panels and relays, power control relays and breakers, flushing control systems, Z
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water control valves, telephone cutoff relays, fan control relays, generator monitoring 3
interfaces, transfer switch monitors and transfer relays, and similar utility monitoring and
control systems
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advance integration with the elevator contractor. To lighting, power,and fan control panels Q
we frequently interface through BACNET over IP or RS-485. With simpler controls, we use y
dry contact relays. Flushing control systems are tricky as the main manufacturer dropped f6
their system, so we do them through custom controls.
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E. Perimeter alarm systems. Data interfaces or field device interfaces to perimeter security v
and intrusion detection systems U)
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Perimeter alarm is frequently implemented as fence detection sensors on the inner fence
with microwave beams at gates and openings. We employ Southwest Microwave on these
systems. For taut wire or infrared, we may well subcontract.
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F. Duress alarm systems. Data interfaces or field device interfaces to fixed or mobile duress
alarm systems, including body worn transmitters, duress pushbuttons, and subsystems
that provide locating technology a
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We generally employ one of three options for duress alarms: o
> Bosch Security Escort-a system that locates transmitters 0
under duress by triangulating their location within a grid c
of receivers. v
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> Actall ATLAS - a similar system that locates transmitters - N
under duress by triangulating their location within a grid
of receivers.
> Senstar PAS-an ultrasonic system that locates transmitters
under duress by alarming the nearest receiver. z
2.15.4. Maintenance and repair,including emergency repairs of system.
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A. Respond to trouble calls within four (4) hours, including E
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weekends and holidays
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B. Adequate hardware inventory to replace, repair, and/or
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C. Vendor to be prepared to provide an immediate
replacement for defective equipment and shall not remove a-
a defective unit without an immediate replacement
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Under our maintenance engagements, we respond by Progress at Clallam County Jail. m
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telephone and remote access within hours nationwide. human factors to be an important °o
Within Washington, Justice Systems will agree to respond element of control center design, c)
for officer comfort and mitigation
remotely or on site to trouble calls within 4 hours, of repetitive stress injuries. CD
including weekends and holidays. Outside Washington, ch
we will agree to respond on site by next business day. Our O
access controls repair personnel are certified in the systems they maintain and arrive in
vans with the tools necessary to replace, repair, and/or maintain each system at the time z
dispatched. With standing maintenance agreements and a spare parts option, all facilities
are equipped with parts inventories to effect an immediate replacement of failed parts. 3
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3. General Requirements o
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Justice Systems complies with all terms and conditions of Scope of Work, Subsection a
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3. This section responds to those requirements that we interpret to request a specific v
Proposal response or confirmation.
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3.1. Background Checks
Justice Systems agrees that:
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> Background checks will be completed after contracts have been awarded, but prior to
any work being done. w
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> All Justice Systems' employees providing on-site services to this contract will submit to =
and pass background checks. Upon request from Purchasing Entities, Justice Systems
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will provide copies of background checks or submit to additional security requirements.
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> All costs associated with background checks will be at Justice Systems' expense. Q
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> Justice Systems will ensure the following: N
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- Not to begin work on the contract until clearance has been issued by the Purchasing L
Entity; and 0-
- That notification and access to facilities are pre-authorized by Purchasing Entities.
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3.2. Public Works Projects Q-
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> To comply with the requirements of Davis-Bacon Act and/or the Davis-Bacon Wage M
Decision for any projects that are federally funded or otherwise covered by those acts. 0
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> To document any labor prices negotiated with a Purchasing Entity using payroll records, a
copies of wage decisions,and/or other information to establish a clear difference between Z
our standard wage and the prevailing Davis-Bacon wage for any affected employee for s
that project. 3
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> To not negotiate an increase higher than the difference between the normal hourly rate aEi
and the hourly rate required by the applicable Davis-Bacon Wage Decision.
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> Clean jobsites every day.
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> Typically, complete any punch lists within five (5) days of receipt, but will pursue f4
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exceptions to this standard on an individual project basis. E
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> Asbestos. Upon discovering asbestos or a suspected asbestos-containing material v,
(ACM), Justice Systems shall: N
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- Stop all work immediately in the affected area and contact the project manager and/ y
or building owner;
- The project manager and/or building owner shall assume responsibility for testing and 0)
remediation. s
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Justice Systems shall: 0
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> Guaranty workmanship at Justice Systems' expense for a period of twelve (12) months U
from date of installation. E
> Perform work in accordance with manufacturers' recommendations and with all current N
local codes, regulations, and installation guidelines. m
> Do work after normal business hours (8am-5pm, unless otherwise specified by the 3
Purchasing Entity), when agreed and required; however, it is anticipated that most work w
will be completed during normal business hours. 3
> Be responsible for performing a standard site walk-through and providing competent
personnel to perform the specific scope(s) required. Due to the nature of these scopes
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of work and the liability involved, each Purchasing Entity will have the final determination a
of competency in all matters regarding personnel provided by Justice Systems. a,
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> Once Justice Systems has possession of the equipment to be installed, be responsible M
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for all equipment, including storage during installation work, at Justice Systems' expense L
when storage space is unavailable at the jobsite. a
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3.4. Penalty for Improper Pricing
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Justice Systems agrees that: 0
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> Justice Systems is responsible for ensuring all prices proposed for all projects are
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> For all projects completed under this contract: if Justice Systems submits an invoice p
containing incorrect pricing in favor of vendor, we shall submit a new, corrected invoice Cn
with a 25% reduction in cost for each incorrectly priced item. z
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> If Justice Systems continues to provide incorrect invoicing each Purchasing Entity has 3
the option to cancel their contract in its entirety without penalty. _
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> Justice Systems will not charge fees above or in addition to pricing set forth in the MA 0E)
after award has been made. Failure to comply may be grounds for cancellation of the a,
contract. Q
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3.5. Standard of Performance and Acceptance
Justice Systems agrees that: E
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> The Standard of Performance applies to all product(s) purchased under this Master N
Agreement, including any additional, replacement, or substitute product(s), as well as W
any product(s) which are modified by or with the written approval of the vendor and y
acceptance by the Purchasing Entity.
> The Acceptance Testing period shall be seven (7) calendar days, or any other time period 0)
identified in the solicitation or the Participating Addendum, beginning with the day after s
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the product is installed certification is received that the product is ready for Acceptance o
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Testing. M
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> If the product does not meet the Standard of Performance during the initial period of c
Acceptance Testing, the Purchasing Entity may, at its discretion, continue Acceptance V
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Testing on a day-to-day basis until the Standard of Performance is met. E
> Upon rejection, Justice Systems will have three (3) calendar days to cure any Standard
of Performance issue(s). m
If, after the cure period, the product still has not met the Standard of Performance, the
Purchasing Entity may, at its option: s
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Declare the vendor to be in breach and terminate the order;
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Demand a replacement product from Justice Systems at no additional cost to E
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Participating Entity; or
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Continue the cure period for an additional time period agreed upon by the Participating
Entity and the vendor. rn
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> Justice Systems shall pay all costs related to the preparation and shipping of returned
products. a
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> No product shall be accepted and no charges shall be paid until the Standard of
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Performance is met. Q.
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> The warranty period will begin upon the Purchasing Entity's approval. �j
3.6. Travel o
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All travel will be negotiated within each Participating Agreement. Travel may be subject p
to limits of the Participating Entity's rules. Cn
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3.7. Authorization to Work s
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Justice Systems will be responsible for ensuring that all employees and/or subcontractors =
are authorized to work in the United States. E
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3.8. System Compliance Warranty Q
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Justice Systems represents and warrants:
> (a) that each Product shall be Date Compliant; will operate consistently, predictably v,
and accurately, without interruption or manual intervention, and in accordance with
all requirements of this Agreement, including without limitation the Applicable >,
Specifications and the Documentation, during each such time period, and the transitions N
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between them, in relation to dates it encounters or processes;
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(b) that all date recognition and processing by each Product will include the Four Digit
Year Format and will correctly recognize and process the date of February 29, and any
related data, during Leap Years; and E
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> (c) that all date sorting by each Product that includes a "year category" shall be done o
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based on the Four Digit Year Format. M
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4 Terms and Conditions for Goods v
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4.1 Express Warranties a;
For the period specified on the face of the Contract, Justice Systems warrants and N
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represents each of the following with respect to any goods provided under the Contract,
except as otherwise provided on incorporated attachments:
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> Fitness for Particular Purpose - The goods shall be fit and sufficient for the particular 3
purpose set forth in the RFP or other solicitation documents. _
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> Fitness for Ordinary Use - The goods shall be fit for the purpose for which goods of a
like nature are ordinarily intended, it being understood that the purpose for the goods a,
covered by the Contract are ordinarily intended is general government administration Q
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and operations. S
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> Merchantable, Good Quality, No Defects - The goods shall be merchantable, of good
quality, and free from defects, whether patent or latent, in material and workmanship. '
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> Conformity - The goods shall conform to the standards, specifications and descriptions
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set forth in the incorporated attachments. If Justice Systems has supplied a sample to f4
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the Participating Entity, the goods delivered shall conform in all respects to the sample 0
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and if the sample should remain in the Entity's possession, it shall be identified by the �j
word "sample" and the signature of Justice Systems' sales representative. c
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> Uniformity - The goods shall be without variation, and shall be of uniform kind, quality,
and quantity within each unit and among all units. O
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> Packaging and Labels - The goods shall be contained, packaged, and labeled so as to z
satisfy all legal and commercial requirements applicable to use by a government agency, s
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including without limitation, OSHA material safety data sheets and shall conform to all 3
statements made on the label. _
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> Full Warranty - The foregoing warranties are "full" warranties within the meaning of d
the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act, 15 U.S.C. a,
§ 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this Q
transaction.
> Infringement Indemnity - In accordance with NASPO ValuePoint Master Agreement
Terms and Conditions, Section 33. E
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> Usage of Trade; Course of Dealings; Implied Warranties - Justice Systems shall also be y
bound by any other implied warranty that, at the time of execution of the Contract,
prevails in the trade of government in the marketing area in and about the State of y
Nevada. Justice Systems shall also be bound by any other implied warranty arising
through course of dealings between Contractor and the State from and after the =
execution of the Contract. Justice Systems shall also be bound by all warranties set forth E
in Nevada's Uniform Commercial Code (NRS Title 8) in effect on the date of execution sc,
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of the Contract. o
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> Warranties Cumulative- It is understood that warranties created by the Contract,whether a
express or implied, as well as all warranties arising by operation of law that affect the c
rights of the parties under the Contract, are cumulative and should be construed in a U
manner consistent with one another. E
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> Priority of Warranties - If it is held by a court of competent jurisdiction that there is an
irreconcilable conflict between or among any of the warranties set forth in the Contract W
and any warranties implied by law, the parties agree that the specifications contained in y
the Contract shall be deemed technical and mere language of description.
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> Beneficiaries of Warranties - Benefit of any warranty made in the Contract shall be in 3
favor of the State of Nevada and Participating Entities, any of their political subdivisions c
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or agencies, and any employee or licensee thereof who uses the goods, and the benefit E
of any warranty shall apply to both personal injury and property damage. L
> Delivery; Inspection; Acceptance; Risk of Loss - Justice Systems agrees to deliver the a,
goods as indicated in the Contract, and upon acceptance by the State, title to the goods =
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shall pass to the State unless otherwise stated in the Contract. The State shall have the s
right to inspect the goods on arrival and, within a commercially reasonable time, the L
State must give notice to Contractor of any claim or damages on account of condition, 0-
quality, or grade of the goods, and the State must specify the basis of the claim in detail. >_
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Acceptance of the goods is not a waiver of UCC revocation of acceptance rights or of
any right of action that the State may have for breach of warranty or any other cause. 0-
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Unless otherwise stated in the Contract, risk of loss from any casualty, regardless of the °
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cause, shall be on Contractor until the goods have been accepted and title has passed c
to the State. If given any, the State agrees to follow reasonable instructions regarding 40
return of the goods.
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> No Arrival; No Sale - The Contract is subject to provisions of no arrival, no sale terms, Cn
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but proof of shipment is to be given by Vendor, each shipment to constitute a separate Q
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delivery. A variation of ten days in time of shipment or delivery from that specified w
herein does not constitute a ground for rejection. The State may treat any deterioration 3
of the goods as entitling the State to the rights resulting from a casualty to the identified =
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goods without regard to whether there has been sufficient deterioration so that the aEi
goods no longer conform to the Contract.
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> Price; Taxes; Payment-The price quoted is for the specified delivery,and, unless otherwise
specified in the Contract,is F.O.B.to the delivery address specified above. Unless otherwise
specified in the Contract, the price does not include applicable federal or State sales,
use, excise, processing or any similar taxes, or duty charges, which shall be paid by the E
State, or in lieu thereof, the State shall provide Vendor with a tax exemption certificate N
acceptable to the applicable taxing authority. Unless otherwise specified in the Contract, ''
Cn
payment shall be made for Orders by State agencies by warrant drawn on the State of
Nevada (in accordance with Nevada law) and mailed to Justice Systems at the address y
specified above (or to assignee if assignment is acknowledged by the State) within the
time specified above.
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10.2 Attachments
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10.2 Attachment 1 - Projects for Business References 0
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REFERENCE #: 1
Company Name: Justice Systems Corporation U)
X VENDOR SUP=NTRACTOR
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Project Name: Island County Access Controls 3
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Primary Contact Information Q-
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Name: Ryan Beach, Facilities Director U
Street Address: 1 NE 7th Street c
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City, State, Zip: Coupeville, WA 98239
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Phone, including area code: (360) 678-7871
Facsimile,including area code: Z
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Email address: R.Beach[&,islandcountywa.gov
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Alternate Contact Information
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Name: E
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Street Address:
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City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address: N
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Project Information o
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Brief description of the project/contract Design-build prime contractor under NASPO ValuePoint for 0
and description of services performed, this 4-phase access controls system for five dispersed County o
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including technical environment buildings. rn
(i.e., software applications, data E
communications, etc.) if applicable: Unified Security.Justice Systems implemented Genetec Security (n
Center to unify access controls across the County including N
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video surveillance in the same software and user interface.
N
Access Controls. The 72-reader system covers five buildings.
s
Hardware includes Genetec Cloudlink,Lifesafety control panels 3
and power supplies, HID Mercury boards, and HID 13.56 MHz =
multiclass, proximity card readers. We migrated an existing
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125 kHz proximity card system for the courts to the Genetec L
system, reusing door hardware, but replacing card readers.
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Burglar and Panic Alarms. Intrusion alarms monitor after hours N
security of the building perimeters. Panic alarms at public
reception counters, staff offices, and courtrooms alarm to
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both the jail high security controls and to alarm panels that d
are centrally monitored and dispatched by the Island County w
Sheriff. m
0.
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Subcontracts. Serving as general contractor, we utilized U
subcontractors for conduit and cable installation, door c
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hardware and installation, storefront doors and their o
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installation, and storefront demolition. 0
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IT Collaboration and Networking.Justice Systems collaborated <
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with Island County IT to bring the security systems within their Z
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new County-wide IP schema. We added network switches and 3
assisted with fiber backbone to network the entire system, _
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including to Camano Island. E
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Original Project/Contract Start Date: September 2018 (Design and system master planning) L
Original Project/Contract End Date: August 8, 2022 (Phase 3, Coupeville Campus completion) Q
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Original Project/Contract Value: $838,589 (all four phases, no tax) rn
$920,505 (all four phases, no tax)
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Final Project/Contract Date: September 15, 2022 (Phase 3, Coupeville Campus) E
Was project/contract completed in time The final Phases 2 & 3 schedule extended approximately four cn
originally allotted, and if not, why not? weeks due to supply chain delays in card readers and builders m
hardware.
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Was project/contract completed within The scope increased for the new IP schema, two additional
or under the original budget/cost doors,and miscellaneous revisions.Assistance with cardholder
proposal, and if not, why not? data and badging was also added. E
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REFERENCE #: 2 0
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Company Name: Justice Systems Corporation U
X VENDOR SUBCONTRACTOR rn
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Project Name: King County CFJC Parking Garage, Seattle, VITA w
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Primary Contact Information m
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Name; Hans Hansen, Regional President, Bayley Construction O
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(formerly Project Manager, Howard S. Wright Construction U
Company) c
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Street Address: 8005 SE 28th Street
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City, State, Zip: Mercer Island, WA 98040
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Phone, including area code: (206) 621-8884 Q
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Facsimile, including area code: s
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Email address: hans.hansen@iaayley.net =
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Alternate Contact Information aEi
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Name: Ash Evans, King County Electronic and Physical Security
Support, Executive Services Q
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Street Address:
City, State, Zip: Seattle,WA
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Phone, including area code: (206) 477-9429 m
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Facsimile, including area code: cn
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Email address: ash.evans&kingcounty.gov
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Project Information o
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Brief description of the project/contract Design-build subcontractor for this 300-car, 4-story parking o
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and description of services performed, garage with secure judicial parking and tunnel. U
including technical environment rn
(i.e., software applications, data Successfully completed the design, installation, and E
communications, etc.) if applicable: commissioning of this 50-reader expansion of the County-wide (n
access control and judicial duress system. N
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Hardware consists of Life Safety control panels and power rn
supplies with Software House boards,HID 13.56 MHz multiclass,
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proximity card readers for pedestrian doors and elevators,and 3
Linear 318 MHz radio receiver readers for vehicle gates. Also =
integrated to revenue systems for control of arm gates once a E
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valid ticket has been presented. L
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Burglar and Duress Alarms. Intrusion and duress alarms are
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centrally monitored by the County dispatch center. Linear N
2-channel transmitters in vehicles transmit duress to 318 MHz s
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radio receivers, while a series of Wheelock strobe beacons
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annunciate duress within the garage. d
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County and IT collaboration. Extended the County's wide-
area security network to the garage on fiber backbone and o
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discovered/ commissioned all devices back to the County U
dispatch center. Commissioned together with County staff on c
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a door-by-door, alarm-by-alarm basis 00
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Original Project/Contract Start Date: February 26, 2020 p
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Original Project/Contract End Date: June 2, 2021 Cn
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Original Project/Contract Value: Original: $258,221 (w/bond and no tax) s
Final: $275,646 (w/bond and no tax) 3
Final Project/Contract Date: June 25, 2021 =
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Was project/contract completed in time Yes. The General Contractor was granted three additional d
originally allotted, and if not, why not? weeks for scope increases.
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Was project/contract completed within Yes.Scope was increased to add intercoms and some additional
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or under the original budget/cost card readers/controlled doors. rn
proposal, and if not, why not?
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REFERENCE #: 3 0
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Company Name: Justice Systems Corporation U
X VENDOR SUBCONTRACTOR N
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Project Name: Washington Corrections Center for Women Security Upgrades, w
Gig Harbor,WA to
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Primary Contact Information
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Name: Mark Wargo, Plant Management, Washington Department of Q.
Corrections Op
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Street Address: 9601 Bujacich Road NW c
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City, State, Zip: Gig Harbor, WA 98332 0
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Phone, including area code: (253) 858-4643 p
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Facsimile, including area code:
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Email address: mnwargo@docl.wa.gov Z
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Alternate Contact Information 3
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Name:
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Street Address: (D
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City, State, Zip: Q
Phone, including area code:
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Email address: E
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC �GRP
SECURITY OESP15WOUIEU SERVICE
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Brief description of the project/contract Initially, systems integrator for $2.2-million access controls, o
and description of services performed, video surveillance,and high security controls for this 740-bed, o
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including technical environment 75-acre campus-style, women's correctional facility. Justice (n
(i.e., software applications, data Systems performed the $1.1-million original health care facility E
communications, etc.) if applicable: systems, the $0.35-million upgrade to maximum security
controls,and the$0.52-million site-wide video integration and N
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unification of other security controls.Justice Systems provides
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maintenance services to the facility on these same systems.
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Design-build replacement of the $0.15-million, SO-reader 3
health care unit access controls to unify with Genetec Security c
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Center software throughout the site. Replace obsolete E
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controller with HID VertX controllers, while reusing existing L
card readers and cards. Also the addition of an access control Q
door to the administration building.
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Design-build prime contractor for $0.7-million camera and
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software additions to 310-camera Genetec Security Center
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video management system. Programmed inter-systems
integration with video surveillance to call-up associated door
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cameras based on HMI selections. Added cameras for blind m
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spots and to improve views and attack-resistance. OO
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Upgrade under NASPO of high security controls to Windows
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10 within DOC's active directory, virtualization, and network M
scheme. This followed the original phased upgrade to a O
site-wide client/server touchscreen control system (using (
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Cimplicity software) that began in the Special Needs Unit. Q
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Original Project/Contract Start Date: May 1, 2021 s
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Original Project/Contract End Date: December 31, 2022 (Phase 1, June 30, 2021) _
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Original Project/Contract Value: $202,387 (without tax) E
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Final Project/Contract Date: December 31, 2022 (Phase 1, June 30, 2021)
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originally allotted, and if not, why not?
Was project/contract completed within Yes.
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Company Name: Justice Systems Corporation U
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Project Name: King County CFJC Video Surveillance, Seattle, WA w
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Name: Hans Hansen, Regional President, Bayley Construction L
(formerly Project Manager, Howard S. Wright Construction a
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Street Address: 8005 SE 28th Street
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City, State, Zip: Mercer Island, WA 98040 0
Phone, including area code: (206) 621-8884 V
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Email address: hans.hansen@bayley.net
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Alternate Contact Information a
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Name: Ash Evans, King County Electronic and Physical Security Z
Support, Executive Services
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Phone, including area code: (206)477-9429
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NASPO VALUEPOINT MASTER AGREEMENT
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERME
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Project Information o
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Brief description of the project/contract Design-build subcontractor for this $186-million, award- O
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and description of services performed, winning, 10-court and 112-bed judicial complex for family o
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including technical environment services and juvenile justice. Successfully designed and rn
(i.e., software applications, data implemented two video surveillance systems totaling 447 E
communications, etc.) if applicable: cameras. w
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Courts and Public Surveillance. System includes 230 cameras
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within courts, public spaces, and parking garage. Cameras
are American Dynamics Illustra Pro recording on American s
Dynamics NVRs running Victor software. 3
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County Collaboration. Video surveillance for the County's E
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non-detention facilities share a wide area security network to L
one central dispatch center. We designed, coordinated, and
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programmed the fiber backbone,WAN routing,and LAN using
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Avaya (now BCD) network switches.
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Detention Video. System includes 217 cameras within the
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juvenile halls, support spaces, courts holding, elevators, and d
secure movement areas. Cameras are 1080p powered over
Ethernet (PoE). The system employs FUR Latitude software `m
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running on 17 client workstations, 4 of which provide "virtual c
matrix" switching of cameras from the control touchscreens. U
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IT Collaboration. We added detention video to the County's o
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centralized detention video system, wherein three detention 0
centers share infrastructure across the County WAN. Justice
Systems upgraded centralized servers and storage (NVRs), Q
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coordinated IP schemas and Owner network switches, and s
assisted optimizing latency in camera call-ups. 3
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Original Project/Contract Start Date: 2014 (design phases)
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Original Project/Contract End Date: September 1, 2020 a)
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Original Project/Contract Value: Original: $1,127,000 (video surveillance w/no tax)
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Final: $1,127,000 (video surveillance w/no tax) °r
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Final Project/Contract Date: November 26, 2020 f6
Was project/contract completed in time Latency optimization in detention video across the County N
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originally allotted, and if not, why not? WAN extended the completion date,as well as optimization in N
the lighting controls system and touchscreen control transfers
and takeovers.
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or under the original budget/cost
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proposal, and if not, why not?
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Company Name: Justice Systems Corporation U
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Project Name: Kern County Central Receiving Facility Surveillance System w
and Expansion, Bakersfield, CA
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Primary Contact Information 6-
Name: Steven Hays, Technical Support Engineer II, Kern County >
Sheriff's Office }'
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Street Address: 1350 Norris Road Q.
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City, State, Zip: Bakersfield, CA 93308 O
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Phone, including area code: (661) 391-7514 c
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Facsimile, including area code:
Email address: hays@kernsheriff.com O
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Name:
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Project Information o
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Brief description of the project/contract Design-build prime contractor for video surveillance of this O
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and description of services performed, mid-rise 200,000-gsf and 300-bed central intake detention U
including technical environment facility.Justice Systems was also design-build prime contractor y
(i.e., software applications, data for both the $1.1-million original project in 2011 and another E
communications, etc.) if applicable: camera expansion project in 2015. We also perform service w
and preventative maintenance under an annual maintenance
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agreement.
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system by 18 additional cameras and 3 additional microphones, 3
plus relocated 4 existing microphones in 2019. Electrical c
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Successfully upgraded the systems servers, storage, and
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software in two phases: initially the servers in order to update
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software to FUR Latitude 8, then full replacement of the
original storage arrays to provide 13 months' video retention
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at RAID-6 redundancy, along with 30 days' failover. This has a
provided Kern County Sheriff's Office with stable, reliable >
video for investigations dating back 13 months.
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Original Project/Contract Start Date: April 28, 2018 (server upgrade) o
Original Project/Contract End Date: May 31, 2020 (storage upgrade) Lj
Original Project/Contract Value: Original: $316,818 0
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Final: $316,818 r00i
Final Project/Contract Date: May 31, 2020 a
Was project/contract completed in time Yes Q
originally allotted, and if not, why not? Z
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REFERENCE #: 6 0
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Company Name: Justice Systems Corporation U
X VENDOR SUBCONTRACTOR N
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Project Name: Calaveras County Adult Detention Surveillance Expansion and +'
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Name: Oscar Flamenco,Senior Department Analyst,Calaveras County Q'
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Sheriff's Office O
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Street Address: 1045 Jeff Tuttle Drive c
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City, State, Zip: San Andreas, CA 95249
Phone, including area code: (209) 754-6913 O
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Facsimile, including area code: Z
Email address: oflamenco@co.calaveras.ca.us
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Brief description of the project/contract Design-build prime contractor for video surveillance expansion 0
a
and description of services performed, and upgrade, and high security controls upgrade, to this 160- o
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including technical environment bed, 120,000-gsf jail. Justice Systems was the subcontractor (n
(i.e., software applications, data for the$2-million original project in 2014,and the design-build E
communications, etc.) if applicable: prime contractor for a camera expansion project in 2015. We
also provides on-call maintenance services. N
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To eliminate blind spots, successfully added 12 cameras, plus 3
relocated and replaced 20 cameras,on the 330-camera system. s
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Also increased the resolution of many cameras sufficient for 3
person recognition throughout the scene. Replaced aging r_
servers with new, replaced 18 video workstations, improved E
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network backbone bandwidth, and updated software to L
current FLIR Latitude. The system provides 24/7 recording of Q
all cameras, plus recording of microphones in select locations.
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Upgraded all touchscreen controls hardware and software
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to Windows Server 2019, Windows 10 Pro, and Cimplicity 11.
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Replaced controls server with new and replaced all seven
touchscreen workstations and all eleven touchscreens with
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new hardware. m
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These upgrades will keep Calaveras County Sheriff's Office the U
coming 3-5 years. c
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Original Project/Contract Start Date: January 27, 2022
Original Project/Contract End Date: June 1, 2022 a
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Original Project/Contract Value: Original: $490,880 (prior projects $2.3 million) Q
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Final: $517,012 s
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Final Project/Contract Date: June 30, 2022 3
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originally allotted, and if not, why not? a0i
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Was project/contract completed within Yes, except scope was expanded to replace 4 failing pole Q
or under the original budget/cost cameras and to replace 6 additional viewing stations for awLi
proposal, and if not, why not? interview rooms. M
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NASPO VALUEPOINT MASTER AGREEMENT 8.E.b
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REFERENCE #: 7 0
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Company Name: Justice Systerns Corporation U
X VENDOR SUBCONTRACTOR
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Project Name: Clallam County Jail Security Upgrade, Port Angeles, WA w
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Primary Contact Information o
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Name: don Wenzl, Chief deputy, Clallam County Sheriff's Office U
Street Address: 223 East 4th Street, Suite 12 0
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City, State, Zip: Port Angeles, WA 98362
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Phone, including area code: (360) 417-2356
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Facsimile, including area code: Z
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Project Information o
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Brief description of the project/contract Prime contractor for this $0.8-million controls, intercom, and O
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and description of services performed, paging upgrade to this 120-bed jail. U
including technical environment rn
(i.e., software applications, data Successfully transitioned from hard-panel, discrete logic E
communications, etc.) if applicable: controls and fixed console to touchscreen, PLC-based controls U,
and adjustable-height, ergonomic console. Control system
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included two (2) redundant touchscreens at Central Control,
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as well as nine (9) remote touchscreens behind hardened rn
enclosures at living units. We cutover intercoms from analog s
to a new digital system and integrated video camera switching 3
with controls to provide "virtual matrix" switching. Original c
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paging zones had been disconnected. Those were found and E
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all paging zones were fully restored. L
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Our subcontractors core-drilled for new intercoms, metal
fabricated remote panel conversions,and roughed-in electrical
modifications, including revising original underfloor cabling
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and conductors for code compliance.
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Underfloor Code Corrections. The original scope did not
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include correction of code violations in the original wiring from `m
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the 1970s and 1980s building, plus further violations from a c
subsequent retrofit. Upon inspection, this proved unavoidable U
and was added to the project scope (see work in progress c
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picture above). M
Original Project/Contract Start Date: August 10, 2021 a
Original Project/Contract End Date: February 6, 2022
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Original Project/Contract Value: Original: $752,470 (without tax)
Final: $839,933 (without tax) 3
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Final Project/Contract Date: April 30, 2022 m
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Was project/contract completed in time Contract time was extended 11 weeks to design and correct the
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originally allotted, and if not, why not? underfloor code violations. Q
Was project/contract completed within Contract amount was adjusted for added scope to correct the
or under the original budget/cost underfloor code violations and to add some features to the cNa
proposal, and if not, why not? Central Control console.
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Company Name: Justice Systems Corporation U
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Project Name: Island County Jail Security Upgrade, Coupeville, WA w
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Name: Jose Briones,Chief Deputy,Corrections Division,Island County 16-
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Sheriff's Office p
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Street Address: 503 N. Main Street U
City, State, Zip: Coupeville, WA 98239
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Phone, including area code: (360) 679-7317 M
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Facsimile, including area code: a
Email address: J.Briones@IslandCountyWa.Gov Z
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Alternate Contact Information 3
Name: Ryan Beach, Facilities Director c
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Street Address: 1 NE 7th Street E
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City, State, Zip: Coupeville, WA 98239 Q
Phone, including area code: (360) 678-7871 0
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Facsimile, including area code:
Email address: R.Beach@islandcountywa.gov rn
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Brief description of the project/contract Design-build prime contractor under NASPO for a $0.7-million o
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and description of services performed, security system upgrade to this 60-bed jail. These upgrades o
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including technical environment situate the Island County Jail for 3-5 years of uninterrupted
(i.e., software applications, data operation. We also provide maintenance services at these E
communications, etc.) if applicable: facilities. rn
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Successfully migrated three separate video management
systems into one, converted from analog to digital, and 3
added 12 new cameras to cover blind spots. Replaced 43 s
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analog cameras with high-resolution digital cameras and 3
modified views to eliminate blind spots. Standardized the c
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video management systems to Genetec Security Center as the E
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County standard. Networked to the juvenile facility and courts L
and brought their 40 cameras into the system for viewing Q
throughout detention. Unified and changed IP addresses
to incorporate the County's new IP schema. Added a new
server and converted an existing server to Genetec. Replaced
all video workstations and upgraded video monitors to 4k.
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Restored "virtual matrix" video switching of cameras from the
detention controls. a
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Replaced the PLC and migrated the controls software and OO
hardware from Citect to Cimplicity. Provided a new server, U
new touchscreen workstation (with spare), and touchscreen c
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monitor. Revised control console ergonomics. Added features
and functionality to the touchscreen displays to ease control. p
Replaced the Harding DXI 90-station intercom and 16-zone Q
paging system with a current Harding DXL system.Troubleshot Z
and repaired various failed intercoms and paging zones - w
restoring the system to its original functionality. 3
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Original Project/Contract Start Date: December 6, 2021
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Original Project/Contract End Date: July 22, 2022 L
Original Project/Contract Value: Original: $656,662 (w/ IP changes, bond, and no tax) Q
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Final: $670,698 (without tax) N
Final Project/Contract Date: August 5, 2022
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Was project/contract completed in time Yes, but an additional week was used for the scope increase to E
originally allotted, and if not, why not? Central Control and Lieutenant's station. W,
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or under the original budget/cost Control, to add a Lieutenant's video workstation, and to y
proposal, and if not, why not? implement the new IP schema.
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Company Name: Justice Systems Corporation U
X VENDOR SUBCONTRACTOR (n
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Project Name: Clallam Bay Corrections Center Security Upgrades, w
Clallam Bay, WA
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Primary Contact Information =.N
Name: Edwin"Eddie" Reetz, Facilities Manager
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Street Address: 1830 Eagle Crest Way 3
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City, State, Zip: Clallam Bay, WA 98326 >
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Phone, including area code: (360) 203-1264
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Ernail address: ear eetzadocl.wa.gov
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Phone, including area code: 3
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Project Information o
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Brief description of the project/contract Design-build prime contractor under NASPO for control system O
and description of services performed, updates and revisions at this 900-bed adult correctional U
including technical environment center.Justice Systems previously performed the 2017 controls N
(i.e., software applications, data software upgrade and rewrite to all touchscreens and PLCs E
communications, etc.) if applicable: site-wide. w
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2020 phase. Revised PLC-based controls software in the
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intensive management unit (IMU) to remove an unnecessary
security feature involving confirming cell openings with call s
buttons. 3
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2021 phase. Added software to the PLCs and touchscreens to E
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control four (4) additional doors -two new and two existing. L
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control workstations and one Sergeants' workstation to y
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Windows 10 and Cimplicity 11. Updated virtual server license
and redundancy license to Cimplicity 11, and assisted update
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to Windows Server 2019. Upgraded and tested "591"database d
software running on touchscreens through SQL.
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Original Project/Contract Start Date: May 1, 2020
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Original Project/Contract End Date: September 28, 2022 (all years) O
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Original Project/Contract Value: Original: $298,500 (without sales tax) o
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Final: $298,500 (without sales tax) o
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Final Project/Contract Date: September 28, 2022 (all years) p
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Was project/contract completed in time Yes.
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originally allotted, and if not, why not? Z
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Company Name: Justice Systems Corporation U
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Project Name: Klickitat County Jail Security Upgrade, Goldendale, WA w
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Name: Rick Milliren, Facilities Director 0
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Street Address: 115 West Court Street
City, State, Zip: Goldendale, WA 98620
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Phone, including area code: (509) 773-2375 p
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Facsimile, including area code: U
Email address: rickm@klickitatcounty.org
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Alternate Contact Information M
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Name: Carmen Knopes, Undersheriff a
Street Address: 205 S Columbus Avenue, MS-CH-7 Z
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City, State, Zip: Goldendale, WA 98620 3
Phone, including area code: (509) 773-2314 c
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Facsimile, including area code: E
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Email address: carmenk@klickitatcounty.org Q
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NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERME
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Project Information o
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Brief description of the project/contract Design-build prime contractor for the upgrade to detention O
and description of services performed, controls and intercom systems at this 50-bed jail. Also 4-year o
U
including technical environment maintenance contract entails remote support,two preventative rn
(i.e., software applications, data maintenance visits per year, plus emergency on-call service. E
communications, etc.) if applicable: w
Successfully cutover from a failed existing intercom system
m
to a Harding DXL digital system, temporarily using a dialup
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master. We furnished replacement intercom stations that the
County swapped out to save cost. s
3
Successfully cutover hard-wired relays to a PLC control system
with dual touchscreen workstations. Demolished the existing E
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controls and hard panels. Coordinated with the County who L
initiated a temporary control system to keep several key doors
Q
running through the cutover process, as well as replaced the
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existing console and work-surface with new casework. Once
the system was operational,we transitioned intercom from the
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dialup master to touchscreen control.
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Utility Controls.The system also controlled lighting zones and
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receptacle circuits within dayroom and housing modules. We Q.
subcontracted a line-voltage electrician to make the power c
connections to our relays and obtained full inspection and U
buyoff by the code authority. o
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Video Switching. We coordinated with the County's S2 video 0
vendor and County IT to integrate S2 video switching with
control from the touchscreen. Z
Original Project/Contract Start Date: October 14, 2020
3
Original Project/Contract End Date: March 6, 2021
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Original Project/Contract Value: Original: $267,883 (without tax) E
Final: $285,545 (without tax) L
Final Project/Contract Date: March 6, 2021 Q
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Was project/contract completed in time Yes. w
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originally allotted, and if not, why not?
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Was project/contract completed within Yes, with two changes: Reuse of existing control relays was E
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or under the original budget/cost assumed, but field discoveries required new relays for code w
proposal, and if not, why not? compliance;also repair and rewiring of some existing hardware
was needed.
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NASPO VALUEPOINT MASTER AGREEMENT
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERWE
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10.2 Attachment 2 - Staff Resume - Key Personnel Resumes
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A resume must be completed for all key proposed prime contractor staff and proposed subcontractor staff. a
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Name of Company Submitting Proposal: Justice Systems Corporation }?
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Check the appropriate box if the proposed individual is prime contractor staff or subcontractor staff U)
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Contractor Staff: X Subcontractor:
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The following information requested pertains to the individual being proposes for this project.
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Name: Paul Allyn Key Personnel: (Yes/No) Yes 3
Individual's Title: President/Project Manager/Project Engineer
Years in Classification: 30+ Years with Firm: 29 E
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BRIEF SUMMARY OF PROFESSIONAL EXPERIENCE E
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Information should include a brief summary of the proposed individual's professional experience. L
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Paul Allyn will continue to serve as Principal in Charge of NASPO d
ValuePoint projects, and frequently as Project Manager and/or Project
L
Engineer. Paul has over 30 years' experience in the design, integration, Q.
construction, and maintenance of security systems for government o
0
agencies. He began his career as a design professional, designing such v
project types as public safety facilities, DoD facilities,airplane fabrication c
plants, and campuses for higher education. r00i
Paul specializes in project planning and execution from initial a
budgeting through commissioning and has managed hundreds of Q
subcontractors on various projects. For NASPO ValuePoint clients, he Z
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has engineered and developed scopes and budgets for hundreds of their 3
potential projects often without charge to the agency.
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He has designed and built numerous Genetec / Mercury and Software aEi
House access control systems, as well as their interface to DMP burglar L
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alarms and central monitoring. Paul is an Axis Certified Designer Q
for surveillance systems and currently one of the top professionals _ y
designing and building surveillance systems.Through VideoCAD design f6
software and on site camera surveys, he helps optimize the view of
cameras before they are installed. Finally, Paul has designed and built
hundreds of High Security Control systems.
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RELEVANT EXPERIENCE y
Information required shall include timeframe, company name, company location, position title
held during the term of the contract/project and details of contract/project.
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NASPO VALUEPOINT MASTER AGREEMENT
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERME
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Paul was selected for his design build experience the last 5 years on over $12 million of completed o
security systems projects for government agencies, many of these under the NASPO ValuePoint
Agreement. As the security engineer for the award winning King County CFJC Courts & Juvenile a
Detention facility, Paul led the security systems design and construction on this $186 million from O
U
conception through completion. He most recently took the Island County County Wide Access E
Controls & Jail from proposal through design. See Attachment 1 for Business References all of a;
which Paul played a role in. He is currently designing a security replacement for the Kitsap County 911 >,
Center in Bremerton, Washington.
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EDUCATION
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Information required shall include institution name, city, state, degree and/or achievement and 3
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date completed/received.
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Bachelor of Science in Electrical Engineering, with honors (cum laude), University of Washington,
1979 Q
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CERTIFICATIONS z
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Information required shall include type of certification and date completed/received. a
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> Professional Engineer (PE)
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> Washington State Electrical Engineer (License 21952) o
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> California State Electrical Engineer (License 12865) v
0
> Hawaii State Low voltage Electrical Engineer (License PE 9432) o
Contractor a
> Washington State Licensed Electrical Contractor (JUSTISC995J5), licensed General Contractor z
(JUSTISC985BT);
3
> Nevada State Qualified Individual, License 0081176; C 2D Low Voltage Electrical;
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> Hawaii State C15 Low Voltage Electrical Contractor (License CT 32368) E
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> Oregon State Responsible Managing Individual, CCB License 148088; Electrical License 37 Q
1008CLE >_
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> California State C7 (Low Voltage), C10 (Electrical), B (General Contractor) Responsible cNa
Managing Officer (License 796074) N
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> Axis Certified Designer
> Certified FLIR Latitude
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NASPO VALUEPOINT MASTER AGREEMENT
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PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERWE
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REFERENCES o
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A minimum of three (3) references are required. c
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Reference#1: E
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Name: Jose Briones >,
Title: Chief Deputy, Corrections Division, Island County Sheriff
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Phone Number: (360) 679-7317 rn
Email Address: J.Briones@IslandCountyWa.Gov
Reference #2: 3
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Name: Rick Milliren
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Title: Facilities Director, Klickitat County Facilities L
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Phone Number: (509) 773-2375 Q
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Email Address: rickm@klickitatcounty.org y
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Reference #3:
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Name: Ryan Beach a
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Title: Facilities Director, Island County Facilities >
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Phone Number: (360) 678-7871 Q.
Email Address: R.Beach islandcountywa.gov °
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8.E.b
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERME
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A resume must be completed for all key proposed prime contractor staff and proposed subcontractor staff. o
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Name of Company Submitting Proposal: Justice Systems Corporation Q-
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Check the appropriate box if the proposed individual is prime contractor staff or subcontractor staff v
N
Contractor Staff: X Subcontractor: m
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The following information requested pertains to the individual being proposes for this project.
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Name: Tom Finneran Key Personnel: (Yes/No) Yes
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Individual's Title: Service Manager/Project Manager
Years in Classification: 30+ Years with Firm: 21
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BRIEF SUMMARY OF PROFESSIONAL EXPERIENCE W
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Tom Finneran will continue to serve as Service Manager and Project
Manager on NASPO ValuePoint projects. Tom has over 30 years'
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experience in the design, integration, construction, and maintenance of '
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security systems for government agencies including access controls,
burglar alarms,surveillance services, and high security controls systems. L
Tom joined Justice Systems as on site field representative, then took
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the role of field superintendent leading to project manager. He was 00
then promoted to oversee all service projects and to lead select system v
upgrades.
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Tom is a licensed master electrician and electrical administrator. He also 0
serves as Justice Systems' safety officer. While much of his career has y
been dedicated to public safety facilities both surveillance services z
and high security controls he is currently leading our access controls r
and surveillance on the Kitsap County 911 Center, as well as our intercom + 3
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and paging work at Western State Hospital. He follows projects through
commissioning and closeout, with a reputation for perseverance and
thoroughness. a,
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RELEVANT EXPERIENCE w
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Information required shall include timeframe, company name, company location, position title
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held during the term of the contract/project and details of contract/project.
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Tom was selected for his design build experience the last 5 years on over $6 million of completed m
security systems projects for government agencies, many of these under the NASPO ValuePoint
Agreement.See Attachment 1 for Business References and information on his projects at Washington
Corrections Center for Women (WCCW) in Gig Harbor, Washington and the Calaveras County
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8.E.b
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC DR►
SECURITY DESIGN-BUIEU SERME
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Dispatch Center (Calaveras County 911), Sheriff & Jail facility in San Andreas, California. Other o
representative projects for Tom include the Western State Hospital (WSH) Building 28 Security
Upgrade and security upgrades at the Clallam Bay Corrections Center, both in Washington. Ton a
is currently Project Manager for the access controls, burglar alarms, surveillance systems at the �j
Kitsap County 911 Center in Bremerton, Washington.
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EDUCATION
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Information required shall include institution name, city, state, degree and/or achievement and v,
date completed/received.
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DeVry Technical Institute/1980/Chicago, Illinois 3
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CERTIFICATIONS
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Information required shall include type of certification and date completed/received. a,
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Electrician/ Contractor M
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> Washington State Limited Energy Master Electrician (FINNETJ9610E) a
> Washington State Electrical Administrator (JUSTISC995J5)
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> Idaho State Specialty Journeyman Electrician (ELE SJ27877)
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Manufacturers °O
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> Manufacturer's (or authorized trainers') certifications from GE Proficy (Cimplicity), HardingCD
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Instruments, FLIR, and others. co
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REFERENCES
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A minimum of three (3) references are required.
3
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Reference#1: m
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Name: Mark Wargo (D
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Title: Plant Management, Washington Department of Corrections, Q
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WCCW
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Phone Number: (253) 858-4643
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Email Address: mnwargo@DOCI.WA.GOV E
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Reference #2: w
Name: Eddie Reetz m
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Title: Facilities Manager, Clallam Bay Corrections Center U)
Phone Number: (360) 203-1264
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Email Address: eareetz@DOCLWA.GOV
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8.E.b
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART I SECTION 10.2 TECHNICAL PROPOSAL PUBLIC (OeP
SECURIIT DEMN-RUIEU SERVICE
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Reference #3: O
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Name: Oscar Flamenco 0
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Title: Senior Department Analyst, Calaveras County Sheriff's Office 0
Phone Number: (209) 754-6913 E
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Email Address: oflamenco@co.calaveras.ca.us
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8.E.b
VENDOR INFORMATION RESPONSE
Vendors shall complete and return this form in their proposal.
If the proposal includes subcontractors,form must be completed for each subcontractor as well.
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1. VENDOR CONTACT INFORMATION `o
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L,1 COMPANY NAME AND CONTACT INFORMATION: °
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The information provided in the table below shall be used for development of the contract,if awarded. E
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Requested Information Response m
Company Name:
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Company Street Address: 3
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City, State,Zip Code: E
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Telephone Number,including area code:
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Toll Free Number,including area code: N
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Email Address:
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1.2 CONTACT PERSON FOR QUESTIONS/CONTRACT NEGOTIATIONS
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Requested Information Response °
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Name: o
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Title:
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Address: co
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City, State,Zip Code:
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Email Address:
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Telephone Number,including area code: �
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Toll Free Number,including area code: N
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8.E.b
VENDOR INFORMATION RESPONSE
2. VENDOR INFORMATION
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2.1 Vendors shall provide an overall company profile in the following table:
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Question Response `0
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Company Name: E
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Ownership(sole proprietor,partnership,etc.): W,
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State of Incorporation: V
Date of Incorporation:
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#of years in business: 3
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List of top officers:
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Location of company headquarters,to include City L
and State: Q
Location(s) of the office that shall provide the c
services described in this RFP:
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Number of employees locally with the expertise to
support the requirements identified in this RFP: a
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Number of employees nationally with the
expertise to support the requirements in this RFP:
Location(s) from which employees shall be 0
assigned for this project: U
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2.2 VENDOR LICENSING 0o0
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2.2.1 Please be advised:Pursuant to NRS 80.010,a corporation organized pursuant to the laws of another state shall register a
with the State of Nevada,Secretary of State's Office as a foreign corporation before a contract can be executed between co
the State of Nevada and the awarded vendor,unless specifically exempted by NRS 80.015. Q
z
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2.2.2 The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of 3
Nevada, Secretary of State's Office pursuant to NRS 76. Information regarding the Nevada Business License can be c
located at http://nvsos.gov.
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Question Response Q
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Nevada Business License Number:
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Legal Entity Name:
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Is the Legal Entity Name the same name as vendor yes O No O E
is DoingBusiness As DBA ? y
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If the answer is `No',provide explanation below: m
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8.E.b
VENDOR INFORMATION RESPONSE
2.3 STATE OF NEVADA EXPERIENCE
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Question Response
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Has the vendor ever been engaged under contract by any State of Nevada agency? Yes O No ® 0
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2.3.1 If`Yes',complete the following table for each State agency for whom the work was performed.
2.3.2 Table can be duplicated for each contract being identified. �
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Question Response 0
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State Agency Name: 3
State Agency Contact Name: E
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Dates Services Were Performed: L
Type of Duties Performed:
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Total Dollar Value of the Contract: M
z
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2.4 CURRENT OR FORMER EMPLOYEE a
m
Question Response
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Are you now or have you been within the last two(2)years an employee of the State yes No 00
of Nevada,or any of its agencies,departments,or divisions? O U
0
If`Yes',please explain when the employee is planning to render services;i.e.,while 00
on annual leave,compensatory time,or on their own time? M
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2.4.1 If you employ(a)any person who is a current employee of an agency of the State of Nevada,or(b)any person who has Z
been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be r
performing or producing the services which you shall be contracted to provide under this contract,you shall disclose 3
the identity of each such person in your response to this RFP,and specify the services that each person shall be expected c
to perform.
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15 PRIOR OR ONGOING CONTRACTUAL ISSUES
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2.5.1 Disclosure of any significant prior or ongoing contract failures,contract breaches,civil or criminal litigation in which 4)
the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any
other governmental entity.
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2.5.2 Any pending claim or litigation occurring within the past six(6)years which may adversely affect the vendor's ability m
to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.
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Question Response
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Does any of the above apply to your company? Yes O No
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2.5.3 If`Yes',please provide the information in the table below. E
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2.5.4 Table can be duplicated for each issue being identified. Q
Revised.•April 2021 Page 3 of 4 Packet Pg. 238
8.E.b
VENDOR INFORMATION RESPONSE
Question Response
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Date of alleged contract failure or breach: i
0
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Parties involved: o`
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Description of the contract failure, contract w
breach, or litigation, including the products or
services involved:
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Amount in controversy: 0
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Status of the litigation: Q
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3. PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD N
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PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD >
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Question Response Q.
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Please indicate if you will accept this method of payment? Yes O No U
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4. NAME OF INDIVIDUAL AUTHORIZED TO BIND THE ORGANIZATION M
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Requested Information Response 0.
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Name: Z
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Title: +,
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4A SIGNATURE OF INDIVIDUAL AUTHORIZED TO BIND THE VENDOR aEi
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Individual shall be legally authorized to bind the vendor per NRS 333.337 Q
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Signature: 2
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8.E.b
VENDOR CERTIFICATIONS
Vendor agrees and shall comply with the following:
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0
1. Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal,
State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify, `0
exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract. Q•
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2. All proposed capabilities can be demonstrated by the vendor.
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3. The price(s)and amount of this proposal have been arrived at independently and without consultation,communication, (n+
agreement or disclosure with or to any other contractor,vendor or potential vendor. U
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4. All proposal terms,including prices, shall remain in effect for a minimum of 180 days after the proposal due date. In w
the case of the awarded vendor, all proposal terms, including prices, shall remain in effect throughout the contract
negotiation process. z
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5. No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal c
higher than this proposal,or to submit any intentionally high or noncompetitive proposal. All proposals shall be made d
in good faith and without collusion.
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6. All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in Q
the proposal,except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion
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shall be in writing and included in the proposal at the time of submission. N
M
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7. Each vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual
services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict shall be a
disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to
give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,
favor, or service to a public servant or any employee or representative of same, in connection with this procurement. `m
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall automatically result in 0
the disqualification of a vendor's proposal. An award shall not be made where a conflict of interest exists. The State �j
shall determine whether a conflict of interest exists and whether it may reflect negatively on the State's selection of a
vendor. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest. 0
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8. All employees assigned to the project are authorized to work in this country. 0
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9. The company has a written equal opportunity policy that does not discriminate in employment practices with regard to Q
race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, Z
developmental disability or disability of another nature. r
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10. The company has a written policy regarding compliance for maintaining a drug-free workplace.
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11. Vendor understands and acknowledges that the representations within their proposal are material and important and d
shall be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as Q
fraudulent concealment from the State of the true facts relating to the proposal. L
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12. Vendor shall certify that any and all subcontractors comply with Sections 7, 8,9,and 10,above. M
The proposal shall be signed by the individual(s)legally authorized to bind the vendor per NRS 333.337. E
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Company Name: U
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Print Name:
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Signature: d
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Date:
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8.E.b
CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION
Submitted proposals, which are marked confidential in their entirety, or those in which a significant portion of the submitted o
proposal is marked confidential shall not be accepted by the State of Nevada. Pursuant to NRS 333.333, only proprietary
information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is `0
awarded;at which time,both successful and unsuccessful vendor proposals become public information. 070
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In accordance with the submittal instructions of this RFP,vendors are requested to submit confidential information in separate E
files flagged as confidential in NevadaEPro. E
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The State shall not be responsible for any information contained within the proposal.If vendors do not comply with the labeling W
requirements,proposals shall be released as submitted. In the event a governing board acts as the final authority,there may be 4)
public discussion regarding the submitted proposals that shall be in an open meeting format, the proposals shall remain
confidential. 0
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By signing below,I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to 3
defend and indemnify the State of Nevada for honoring such designation.I duly realize failure to so act shall constitute a complete
waiver, and all submitted information shall become public information; additionally, failure to label any information that is E
released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information. d
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If this proposal contains Confidential Information, Trade Secrets and/or Proprietary information. Please initial the appropriate Q
response in the boxes below and provide the justification for confidential status.Attached additional pages if necessary. 0)
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Proprietary Information Yes No
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Justification for M
Confidential Status: a
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Company Name:
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Signature:
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Date: +�
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Revised.•April 2021 Page 1 of 1 Packet Pg. 241
8.E.b
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements p
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The undersigned certifies,to the best of his or her knowledge and belief,that: `o
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1. No Federal appropriated funds have been paid or shall be paid,by or on behalf of the undersigned,to any person U
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer w
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any y
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal W
contract,grant,loan,or cooperative agreement. U
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2. If any funds other than Federally appropriated funds have been paid or shall be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 3
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions. E
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3. The undersigned shall require that the language of this certification be included in the award documents for all
sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Q
agreements)and that all sub recipients shall certify and disclose accordingly.
.N
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty a
of not less than$10,000 and not more than$100,000 for each such failure. >
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Vendor Name: °o
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Project Title: c
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Print Name of Official Authorized to Sign Application: n
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Signature of Official Authorized to Sign Application: co
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Date: r
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8.E.b
VENDOR INFORMATION RESPONSE
Vendors shall complete and return this form in their proposal.
If the proposal includes subcontractors,form must be completed for each subcontractor as well.
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1. VENDOR CONTACT INFORMATION `o
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L,1 COMPANY NAME AND CONTACT INFORMATION: °
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The information provided in the table below shall be used for development of the contract,if awarded. E
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Requested Information Response m
Company Name:
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Company Street Address: 3
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City, State,Zip Code: E
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Telephone Number,including area code:
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Toll Free Number,including area code: N
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Email Address:
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1.2 CONTACT PERSON FOR QUESTIONS/CONTRACT NEGOTIATIONS
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Requested Information Response °
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Name: o
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Title:
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Address: co
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City, State,Zip Code:
3
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Email Address:
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Telephone Number,including area code: �
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Toll Free Number,including area code: N
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Revised:April 2021 Page I of 4 Packet Pg. 243
8.E.b
VENDOR INFORMATION RESPONSE
2. VENDOR INFORMATION
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2.1 Vendors shall provide an overall company profile in the following table:
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Q.
Question Response `0
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Company Name: E
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Ownership(sole proprietor,partnership,etc.): W,
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State of Incorporation: V
Date of Incorporation:
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#of years in business: 3
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List of top officers:
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Location of company headquarters,to include City L
and State: Q
Location(s) of the office that shall provide the c
services described in this RFP:
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Number of employees locally with the expertise to
support the requirements identified in this RFP: a
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Number of employees nationally with the
expertise to support the requirements in this RFP:
Location(s) from which employees shall be 0
assigned for this project: U
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2.2 VENDOR LICENSING 0o0
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2.2.1 Please be advised:Pursuant to NRS 80.010,a corporation organized pursuant to the laws of another state shall register a
with the State of Nevada,Secretary of State's Office as a foreign corporation before a contract can be executed between co
the State of Nevada and the awarded vendor,unless specifically exempted by NRS 80.015. Q
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2.2.2 The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of 3
Nevada, Secretary of State's Office pursuant to NRS 76. Information regarding the Nevada Business License can be c
located at http://nvsos.gov.
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Question Response Q
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Nevada Business License Number:
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Legal Entity Name:
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Is the Legal Entity Name the same name as vendor yes O No O E
is DoingBusiness As DBA ? y
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If the answer is `No',provide explanation below: m
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Revised.•April 2021 Page 2 of 4 Packet Pg. 244
8.E.b
VENDOR INFORMATION RESPONSE
2.3 STATE OF NEVADA EXPERIENCE
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Question Response
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Has the vendor ever been engaged under contract by any State of Nevada agency? Yes O No ® 0
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2.3.1 If`Yes',complete the following table for each State agency for whom the work was performed.
2.3.2 Table can be duplicated for each contract being identified. �
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Question Response 0
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State Agency Name: 3
State Agency Contact Name: E
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Dates Services Were Performed: L
Type of Duties Performed:
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Total Dollar Value of the Contract: M
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2.4 CURRENT OR FORMER EMPLOYEE a
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Question Response
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Are you now or have you been within the last two(2)years an employee of the State yes No 00
of Nevada,or any of its agencies,departments,or divisions? O U
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If`Yes',please explain when the employee is planning to render services;i.e.,while 00
on annual leave,compensatory time,or on their own time? M
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2.4.1 If you employ(a)any person who is a current employee of an agency of the State of Nevada,or(b)any person who has Z
been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be r
performing or producing the services which you shall be contracted to provide under this contract,you shall disclose 3
the identity of each such person in your response to this RFP,and specify the services that each person shall be expected c
to perform.
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15 PRIOR OR ONGOING CONTRACTUAL ISSUES
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2.5.1 Disclosure of any significant prior or ongoing contract failures,contract breaches,civil or criminal litigation in which 4)
the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any
other governmental entity.
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2.5.2 Any pending claim or litigation occurring within the past six(6)years which may adversely affect the vendor's ability m
to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.
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Question Response
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Does any of the above apply to your company? Yes O No
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2.5.3 If`Yes',please provide the information in the table below. E
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2.5.4 Table can be duplicated for each issue being identified. Q
Revised.•April 2021 Page 3 of 4 Packet Pg. 245
8.E.b
VENDOR INFORMATION RESPONSE
Question Response
0
Date of alleged contract failure or breach: i
0
Q.
Parties involved: o`
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Description of the contract failure, contract w
breach, or litigation, including the products or
services involved:
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Amount in controversy: 0
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Resolution or current status of the dispute:
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Court Case Number 3
If the matter has resulted in a court case: 4)
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Status of the litigation: Q
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3. PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD N
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Using agencies may desire to use a Procurement Card as a method of payment to vendors.
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PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD >
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Question Response Q.
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Please indicate if you will accept this method of payment? Yes O No U
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4. NAME OF INDIVIDUAL AUTHORIZED TO BIND THE ORGANIZATION M
O
Requested Information Response 0.
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Name: Z
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Title: +,
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4A SIGNATURE OF INDIVIDUAL AUTHORIZED TO BIND THE VENDOR aEi
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Individual shall be legally authorized to bind the vendor per NRS 333.337 Q
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Signature: 2
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Date: °r
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Revised:April 2021 Page 4 of 4 Packet Pg. 246
8.E.b
VENDOR CERTIFICATIONS
Vendor agrees and shall comply with the following:
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1. Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal,
State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify, `0
exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract. Q•
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2. All proposed capabilities can be demonstrated by the vendor.
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3. The price(s)and amount of this proposal have been arrived at independently and without consultation,communication, (n+
agreement or disclosure with or to any other contractor,vendor or potential vendor. U
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4. All proposal terms,including prices, shall remain in effect for a minimum of 180 days after the proposal due date. In w
the case of the awarded vendor, all proposal terms, including prices, shall remain in effect throughout the contract
negotiation process. z
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5. No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal c
higher than this proposal,or to submit any intentionally high or noncompetitive proposal. All proposals shall be made d
in good faith and without collusion.
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6. All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in Q
the proposal,except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion
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shall be in writing and included in the proposal at the time of submission. N
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7. Each vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual
services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict shall be a
disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to
give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,
favor, or service to a public servant or any employee or representative of same, in connection with this procurement. `m
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall automatically result in 0
the disqualification of a vendor's proposal. An award shall not be made where a conflict of interest exists. The State �j
shall determine whether a conflict of interest exists and whether it may reflect negatively on the State's selection of a
vendor. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest. 0
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8. All employees assigned to the project are authorized to work in this country. 0
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9. The company has a written equal opportunity policy that does not discriminate in employment practices with regard to Q
race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, Z
developmental disability or disability of another nature. r
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10. The company has a written policy regarding compliance for maintaining a drug-free workplace.
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11. Vendor understands and acknowledges that the representations within their proposal are material and important and d
shall be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as Q
fraudulent concealment from the State of the true facts relating to the proposal. L
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12. Vendor shall certify that any and all subcontractors comply with Sections 7, 8,9,and 10,above. M
The proposal shall be signed by the individual(s)legally authorized to bind the vendor per NRS 333.337. E
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Company Name: U
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Print Name:
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Signature: d
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Date:
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Revised:April 2021 Page I of] Packet Pg. 247
8.E.b
CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION
Submitted proposals, which are marked confidential in their entirety, or those in which a significant portion of the submitted o
proposal is marked confidential shall not be accepted by the State of Nevada. Pursuant to NRS 333.333, only proprietary
information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is `0
awarded;at which time,both successful and unsuccessful vendor proposals become public information. 070
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In accordance with the submittal instructions of this RFP,vendors are requested to submit confidential information in separate E
files flagged as confidential in NevadaEPro. E
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The State shall not be responsible for any information contained within the proposal.If vendors do not comply with the labeling W
requirements,proposals shall be released as submitted. In the event a governing board acts as the final authority,there may be 4)
public discussion regarding the submitted proposals that shall be in an open meeting format, the proposals shall remain
confidential. 0
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By signing below,I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to 3
defend and indemnify the State of Nevada for honoring such designation.I duly realize failure to so act shall constitute a complete
waiver, and all submitted information shall become public information; additionally, failure to label any information that is E
released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information. d
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If this proposal contains Confidential Information, Trade Secrets and/or Proprietary information. Please initial the appropriate Q
response in the boxes below and provide the justification for confidential status.Attached additional pages if necessary. 0)
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Proprietary Information Yes No
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Justification for M
Confidential Status: a
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Signature:
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Date: +�
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Revised.•April 2021 Page 1 of 1 Packet Pg. 248
8.E.b
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements p
M
The undersigned certifies,to the best of his or her knowledge and belief,that: `o
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1. No Federal appropriated funds have been paid or shall be paid,by or on behalf of the undersigned,to any person U
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer w
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any y
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal W
contract,grant,loan,or cooperative agreement. U
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2. If any funds other than Federally appropriated funds have been paid or shall be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 3
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions. E
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3. The undersigned shall require that the language of this certification be included in the award documents for all
sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Q
agreements)and that all sub recipients shall certify and disclose accordingly.
.N
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty a
of not less than$10,000 and not more than$100,000 for each such failure. >
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Vendor Name: °o
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Project Title: c
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Print Name of Official Authorized to Sign Application: n
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Signature of Official Authorized to Sign Application: co
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Date: r
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Packet Pg. 249
8.E.c
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART III CONFIDENTIAL FINANCIAL INFORMATION DR►
SECURITY DESIGN-BUIEU SERME
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10.413 Cost Schedule o
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VENDOR NAME: Justice Systems Corporation v
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NATIONWIDE/REGION(S)/STATE(S) PROPOSED: Nationwide E
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12. ACCESS CONTROL SYSTEMS (CATEGORY 12)
12.1. ACCESS CONTROL SYSTEMS Unit Rate
12.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 s
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12.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00
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12.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 E
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12.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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12.1.5. Repair Telephone Support Per Hour $115.00 �►
12.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00
12.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00 i
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12.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00
12.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00 M
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12.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies o
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12.1.11. Monitoring/Maintenance Option B %of system cost Varies v
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12.1.12. Materials Mark up % of contractor cost 25.00%
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12.1.13. Subcontractor Mark up % of contractor cost 25.00% O
12.2. Other Labor Categories Unit Rate Cn
(cannot exceed max rate above): Q
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12.2.1. Consulting Per Hour $200.00 3
12.2.2. Project Manager/ Project Engineer Per Hour $180.00
12.2.3. Systems Engineer/ Programmer Per Hour $160.00
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12.2.4. Project Account/Assistant Per Hour $100.00 Cn
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12.2.5. CAD/ BIM/ Designer Per Hour $98.00
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12.2.6. Bonds & Permits At Cost $ - a
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12.2.7. Travel & Expenses Cost plus 5% $ - raEi
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12.2.8. Rentals Cost plus 5% $ - U)
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12.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ -
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Packet Pg. 250
8.E.c
NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART III CONFIDENTIAL FINANCIAL INFORMATION DR►
SECURITY DESIGN-BUIEU SERME
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13. BURGLAR ALARM SYSTEMS (CATEGORY 13)
13.1. BURGLAR ALARM SYSTEMS Unit Rate 0
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13.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 0
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13.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
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13.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 rn
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13.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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13.1.5. Repair Telephone Support Per Hour $115.00 U)
13.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00 s
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13.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00 3
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13.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 E
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13.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00
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13.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies a,
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13.1.11. Monitoring/Maintenance Option B %of system cost Varies U)
13.1.12. Materials Mark up % of contractor cost 25.00% 2
13.1.13. Subcontractor Mark up %of subcontractor cost 25.00%
13.2. Other Labor Categories Unit Rate M
(cannot exceed max rate above):
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13.2.1. Consulting Per Hour $200.00 0
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13.2.2. Project Manager/ Project Engineer Per Hour $180.00 c
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13.2.3. Systems Engineer/ Programmer Per Hour $160.00
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13.2.4. Project Account/Assistant Per Hour $100.00 a
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13.2.5. CAD/ BIM/ Designer Per Hour $98.00 Q
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13.2.6. Bonds & Permits At Cost $ -
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13.2.7. Travel & Expenses Cost plus 5% $ - N
13.2.8. Rentals Cost plus 5% $ -
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13.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ - in
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NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART III CONFIDENTIAL FINANCIAL INFORMATION DR►
SECURITY DESIGN-BUIEU SERME
N
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14. SURVEILLANCE SERVICES AND EQUIPMENT (CATEGORY 14)
14.1. SURVEILLANCE SERVICES AND EQUIPMENT Unit Rate 0
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14.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 0
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14.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
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14.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 rn
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14.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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14.1.5. Repair Telephone Support Per Hour $115.00 U)
14.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00 s
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14.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00 3
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14.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 E
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14.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00
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14.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies a,
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14.1.11. Monitoring/Maintenance Option B %of system cost Varies U)
14.1.12. Materials Mark up % of contractor cost 25.00%
14.1.13. Subcontractor Mark up %of subcontractor cost 25.00%
14.2. Other Labor Categories Unit Rate M
(cannot exceed max rate above):
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14.2.1. Consulting Per Hour $200.00 0
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14.2.2. Project Manager/ Project Engineer Per Hour $180.00 c
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14.2.3. Systems Engineer/ Programmer Per Hour $160.00
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14.2.4. Project Account/Assistant Per Hour $100.00 a
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14.2.5. CAD/ BIM/ Designer Per Hour $98.00 a
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14.2.6. Bonds & Permits At Cost $ -
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14.2.7. Travel & Expenses Cost plus 5% $ - 0
14.2.8. Rentals Cost plus 5% $ -
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14.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ - in
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NASPO VALUEPOINT MASTER AGREEMENT
FOR SECURITY&FIRE PROTECTION SERVICES
PART III CONFIDENTIAL FINANCIAL INFORMATION DR►
SECURITY DESIGN-BUIEU SERME
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15. HIGH SECURITY CONTROL SYSTEMS (CATEGORY 15)
15.1. HIGH SECURITY CONTROL SYSTEMS Unit Rate 0
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15.1.1. Maximum Labor Rate (for any title) Per Hour $200.00 0
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15.1.2. Install Standard Labor Rate (8a 5p, M F) Per Hour $125.00 E
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15.1.3. Install After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 rn
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15.1.4. Install Weekend/Holiday Labor Rate Per Hour $200.00
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15.1.5. Repair Telephone Support Per Hour $115.00 U)
15.1.6. Repair Maximum Labor Rate (for any title) Per Hour $200.00 s
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15.1.7. Repair Standard Labor Rate (8a 5p, M F) Per Hour $130.00 3
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15.1.8. Repair After Hours Labor Rate (5p 8a, M F) Per Hour $175.00 E
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15.1.9. Repair Weekend/Holiday Labor Rate Per Hour $200.00
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15.1.10. Monitoring/Maintenance Option A Per Device/Per Month Varies a,
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15.1.11. Monitoring/Maintenance Option B %of system cost Varies U)
15.1.12. Materials Mark up % of contractor cost 25.00%
15.1.13. Subcontractor Mark up %of subcontractor cost 25.00%
15.2. Other Labor Categories Unit Rate M
(cannot exceed max rate above):
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15.2.1. Consulting Per Hour $200.00 0
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15.2.2. Project Manager/ Project Engineer Per Hour $180.00 c
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15.2.3. Systems Engineer/ Programmer Per Hour $160.00
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15.2.4. Project Account/Assistant Per Hour $100.00 a
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15.2.5. CAD/ BIM/ Designer Per Hour $98.00 Q
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15.2.6. Bonds & Permits At Cost $ -
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15.2.7. Travel & Expenses Cost plus 5% $ - 0
15.2.8. Rentals Cost plus 5% $ -
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15.2.9. Per Diem (Beyond 50 Miles) $75 Per Day $ - in
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8.E.d
Washington State Department of
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PARTICIPATING ADDENDUM
NASPO VALUEPOINT N
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SECURITY AND FIRE PROTECTION SERVICES 3
Administered by the State of Nevada (hereinafter "Lead State")
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COOPERATIVE PURCHASING MASTER AGREEMENT L
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Master Agreement No: NV23-16259
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Justice Systems Corporation
(hereinafter "Contractor")
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and
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State of Washington L
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(hereinafter "Participating State") Q-
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WASHINGTON CONTRACT NO.: 24223 U
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This Participating Addendum for the above referenced Cooperative Purchasing Master Agreement 0o
("Participating Addendum") is made and entered into by and between the State of Washington acting by N
and through the Department of Enterprise Services,a Washington State governmental agency("Enterprise o
Services") and Justice Systems Corporation, a Washington Profit Corporation ("Contractor") and is dated <
and effective as of July 31, 2023.
RECITALS 3
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A. Pursuant to Legislative authorization codified in RCW 39.26.060, Enterprise Services, on
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behalf of the State of Washington, is authorized to participate in cooperative purchasing
agreements to develop master agreements to procure goods and/or services and to make a
such competitively solicited and awarded contracts available to Washington state
agencies and designated eligible purchasers consistent with terms and conditions set
forth by Enterprise Services.
B. Enterprise Services timely provided public notice of the competitive solicitation process M
conducted by the above-referenced lead state through Washington's Electronic Business 0
Solutions (WEBS) system.
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C. The above-referenced Lead State,as part of its competitive solicitation process,evaluated cn
all responses to its procurement and identified Contractor as an apparent successful
bidder and awarded a Master Agreement to Contractor. w
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D. Enterprise Services has determined that participating in this Master Agreement is in the
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best interest of the State of Washington.
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E. The purpose of this Participating Addendum is to enable eligible purchasers, as defined
herein, to utilize the Master Agreement as conditioned by this Participating Addendum.
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PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 1
(Rev.2022-09-06)
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8.E.d
AGREEMENT
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NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the a�Ei
parties hereto hereby agree as follows: >,
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1. LIMITED SCOPE: This Participating Addendum covers the following security and fire protection services
contract categories led by the State of Nevada for use by state agencies and other entities located in
the Participating State authorized by that state's statutes to utilize state contracts with the prior
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approval of the State's chief procurement official: 3
(a) Category 12:Access Control Systems c
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(b) Category 13: Burglar Alarm Systems E
(c) Category 14: Surveillance Services and Equipment
(d) Category 15: High Security Controls Systems Q
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2. PARTICIPATION: Use of specific NASPO ValuePoint cooperative contracts by agencies, political
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subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to
use state contracts are subject to the prior approval of the respective State chief procurement official. a
Issues of interpretation and eligibility for participation are solely within the authority of the State chief
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procurement official. Pursuant to this Participating Addendum, the Master Agreement may be L
utilized by the following ("Purchasing Entities" or"Purchasers"): c
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(a) WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, U
boards, and commissions. o
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(b) WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following specific
institutions of higher education in Washington: W
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■ State universities—i.e., University of Washington &Washington State University; Q
■ Regional universities — i.e., Central Washington University, Eastern Washington
University, &Western Washington University 3
■ Evergreen State College; E
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■ Community colleges; and
■ Technical colleges. a
(C) CONTRACT USAGE AGREEMENT PARTIES. The Master Agreement also may be utilized by any of the c
following types of entities that have executed a Contract Usage Agreement (CUA) with
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Enterprise Services: U
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■ Political subdivisions (e.g., counties, cities, school districts, public utility districts, a
ports) in the State of Washington;
■ Federal governmental agencies or entities; N
■ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that cn
receive federal, state, or local funding); and
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■ Federally-recognized Indian Tribes located in the State of Washington.
By placing an order under this Participating Addendum, each Purchasing Entity agrees to be bound by m
the terms and conditions of this Participating Addendum, including the Master Agreement. Each E
Purchasing Entity shall be responsible for its compliance with such terms and conditions.
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PARTICIPATING ADDENDUM—No.24223:SECURITY AND FIRE PROTECTION SERVICES Page 2
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8.E.d
3. PARTICIPATING STATE MODIFICATIONS OR ADDITIONS TO MASTER AGREEMENT:
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3.1. WASHINGTON'S ELECTRONIC BUSINESS SOLUTIONS (WEBS) SYSTEM: Within seven (7) days of
execution of this Participating Addendum, Contractor shall register in the Washington State
Department of Enterprise Services' Electronic Business Solutions (WEBS) System at WEBS. d
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Contractor shall ensure that all of its information therein is current and accurate and that, N
throughout the term of the Master Agreement, Contractor shall maintain an accurate
profile in WEBS.
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3.2. WASHINGTON'S STATEWIDE PAYEE DESK: To be paid for contract sales,Contractors must register
with Washington's Statewide Payee Desk. Washington state agencies cannot make E
payments to a contractor until it is registered. Registration materials are available here:
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Receiving Payment from the State.
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3.3. CONTRACT SALES REPORTING: Contractor shall report total contract sales quarterly to
Enterprise Services, as set forth below.
(a) REPORTING. Contractor shall report quarterly Contract sales in Enterprise Services' 3
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Contract Sales Reporting System. Enterprise Services will provide Contractor with a a
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login password and a vendor number. >_
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(b) DATA. Each sales report must identify every authorized Purchasing Entity by name as a,
it is known to Enterprise Services and its total combined sales amount invoiced during 0
the reporting period (i.e., sales of an entire agency or political subdivision, not its c)
individual subsections). The "Miscellaneous" option may be used only with prior o
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approval by Enterprise Services. Upon request, Contractor shall provide contact o
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information for all authorized Purchasing Entities specified herein during the term of
this Participating Addendum. Refer sales reporting questions to the Primary Contact W
set forth below. If there are no contract sales during the reporting period,Contractor Q
must report zero sales.
(c) DUE DATES FOR CONTRACT SALES REPORTING. Quarterly Contract Sales Reports must be 3
submitted electronically by the following deadlines for all sales invoiced during the E
applicable calendar quarter:
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FOR SALES MADE IN CONTRACT SALES REPORT
QUARTER
CALENDAR QUARTER ENDING DUE BY PAST DUE Q
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1 January 1—March 31 April 30 May 1 c
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2 April 1—June 30 July 31 August 1
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3 July 1—September 30 October 31 November 1 a
4 October 1—December 31 January 31 February 1 m
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3.4. VENDOR MANAGEMENT FEE: Contractor shall pay to Enterprise Services a vendor management N
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fee ("VMF") of 1.25 percent on the purchase price for all contract sales (the purchase price 2
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is the total invoice price less applicable sales tax)authorized by this Participating Addendum.
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated
as follows:
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Amount owed to Enterprise Services =Total contract sales invoiced (not
including sales tax)x .01250. Q
PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 3
(Rev.2022-09-06)
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8.E.d
(b) The VMF must be rolled into Contractor's current pricing. The VMF must not be
shown as a separate line item on any invoice unless specifically requested and E
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approved by Enterprise Services. w
(c) Enterprise Services will invoice Contractor quarterly based on contract sales reported U)
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by Contractor. Contractor shall not remit payment until it receives an invoice from
Enterprise Services. Contractor's VMF payment to Enterprise Services must reference
the following: t
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■ This Washington Contract No.: 24223 3
■ The NASPO Master Agreement No.: NV23-16259
■ The year and quarter for which the VMF is being remitted, and
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■ Contractor's name as set forth in this Contract, if not already included on the
face of the check. Q
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(d) Contractor's failure accurately and timely to report total net sales, to submit timely
usage reports, or to remit timely payment of the VMF to Enterprise Services, may be
cause for Enterprise Services to suspend or terminate this Participating Addendum or
exercise any other remedies as provided by law. a
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(e) Enterprise Services reserves the right, upon thirty (30) days advance written notice,
to increase, reduce, or eliminate the VMF for subsequent purchases. a
(f) For purposes of the VMF,the parties agree that the initial management fee is included °o
in the pricing. Therefore, any increase or reduction of the management fee must be v
reflected in contract pricing commensurate with the adjustment. o
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3.S. CONTRACTOR REPRESENTATIONS AND WARRANTIES: Contractor makes each of the following
representations and warranties as of the effective date of this Participating Addendum and o
at the time any order is placed pursuant to the Participating Addendum. If, at the time of Q
any such order, Contractor cannot make such representations and warranties, Contractor
shall not process any orders and shall, within three (3) business days notify Enterprise
Services, in writing, of such breach. 3
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(a) WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this
Participating Addendum and the three (3) year period immediately preceding the
award of the Master Agreement it is not determined, by a final and binding citation a
and notice of assessment issued by the Washington Department of Labor and a,
Industries or through a civil judgment entered by a court of limited or general
jurisdiction, to be in willful violation of any provision of Washington state wage laws Q-
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set forth in RCW 49.46,
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PARTICIPATING ADDENDUM—No.24223:SECURITY AND FIRE PROTECTION SERVICES Page 4
(Rev.2022-09-06)
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8.E.d
49.48, or 49.52.
(b) CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all
applicable requirements regarding civil rights. Such requirements prohibit
discrimination against individuals based on their status as protected veterans or U)
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individuals with disabilities, and prohibit discrimination against all individuals based
on their race, color, religion, sex, sexual orientation, gender identity, or national
origin.
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(c) EXECUTIVE ORDER 18-03. WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). 3
Contractor represents and warrants that Contractor does NOT require its employees,
as a condition of employment, to sign or agree to mandatory individual arbitration E
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clauses or class or collective action waivers. Contractor further represents and
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warrants that, during the term of this Participation Agreement, Contractor shall not, Q
as a condition of employment, require its employees to sign or agree to mandatory
individual arbitration clauses or class or collective action waivers. U'
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(d) OCIO POLICY&SECURITY COMPLIANCE: Contractor represents and warrants that it shall v
comply with the Washington Office of the Chief Information Officer(OCIO)statewide a
information technology policies 141.10 — Securing Information Technology Assets
Standards and 188 - Accessibility, as applicable, for Purchasing Entity and for L
Contractor's Product(s) procured by Purchasing Entity. Such policies are located on a
the OCIO website at https://ocio.wa.gov//policies. Prior to final execution of a v
Washington State Agency's Order with a Contractor, the Contractor's Product(s), as
implemented by the Washington State Agency, may be subject to a security design o
review performed by Washington Consolidated Technology Services to ensure
compliance with OCIO Policy 141.10 - Securing Information Technology Assets w
Standards o
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(e) GREEN/SUSTAINABLE. Contractor represents and warrants that Contractor shall
endeavor to supply and delivery goods in alignment with the State of Washington's
green/sustainability strategy which, at a minimum is designed to minimize the use of 3
unnecessary product packaging, reduce the use of toxic chemicals, and offer
Purchasers, where practicable, 'green products' that provide equivalent c
performance.Accordingly,Contractor should review the below list of applicable state
policies and standards and use commercially reasonable efforts to meet these a
requirements when supplying goods and services under this Participating Addendum: c
1. Applicable Policies: _a
a. Hydrofluorocarbons (HFCs)-State agencies are directed to
purchase products that contain either(1) no HFCs or(2) HFCs a
with a relatively low Global Warming Potential (GWP) if HFC-
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free products are unavailable.This includes foam spray, fire °'
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suppression and explosion protection, and aerosols including U)
both propellants and solvents. (e.g., aerosols, refrigerants, air
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conditioners, refrigerators and freezers, insulation and other
foam-based building materials, adhesives, cleaning solvents,
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fire-suppressing agents, coatings, inks, etc.).
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b. Nonmercury-Added Products
c. Sustainable Electronics for computers, monitors, servers,TVs Q
PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 5
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8.E.d
2. Prohibited Materials and Substances:
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a. Expanded polystyrene (packing peanuts). Washington State E
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Department of Ecology ban started June 1, 2023. 0
b. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in U)
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firefighting agents and equipment. RCW 70A.400 prohibits the
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sale and use of Class B firefighting foam for flammable liquid
fires containing intentionally added perfluoroalkyl and
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polyfluoroalkyl substances (PFAS), a class of organic chemicals 3
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containing at least one fully fluorinated carbon atom that are
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called "forever chemicals" because of their persistence in the
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environment.The law also requires suppliers of firefighting
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personal protective equipment to notify purchasers if it
contains PFAS.
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3. Green Standards: L
a. Sustainable electronics a
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i. EPEAT bronze level or higher required for computers,
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monitors,TVs, OR Energy Star(most Efficient-certified
for computer monitors and TVs) o
ii. GreenScreen Certified products for Firefighting foam v
products. GreenScreen Certified products certified in a o
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tiered rating system by an independent nonprofit
organization, Clean Production Action. GreenScreen N
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Certified products promote the use of preferred
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chemistry by using the globally recognized GreenScreen
for Safer Chemicals suite of tools and are free of Per-
and Polyfluoroalkyl Substances (PFAS) and thousands of E
other chemicals of concern. GreenScreen Certified -3a
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products include firefighting foam, furniture and fabrics,
cleaners and degreasers used in manufacturing, and a
disposable food service ware. c
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3.6. COMPLIANCE WITH LAW; TAXES, LICENSES, & REGISTRATION: Contractor shall comply with v
applicable law. Prior to making any sales hereunder, if Contractor is not already registered,
Contractor shall register to conduct business in the State of Washington and promptly a-
acquire and maintain all necessary licenses and registrations and pay all applicable taxes E
and fees. In addition, for all sales to Purchasers in the State of Washington, if Contractor N
does not currently do so, Contractor shall calculate, collect, and remit, as appropriate, the U)
applicable state and local sales tax on all invoices.
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3.7. CONTRACTOR'S SALES AUTHORITY;PURCHASE ORDERS;&INVOICES:
(a) CONTRACTORS SALES AUTHORITY. Pursuant to this Participating Addendum, Contractor
is authorized to provide only those goods/services set forth in the Master E
E
Agreement as conditioned by this Participating Addendum. Contractor shall not
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PARTICIPATING ADDENDUM—No.24223:SECURITY AND FIRE PROTECTION SERVICES Page 6
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8.E.d
represent to any Purchaser hereunder that it has any authority to sell any other
materials, supplies, services and/or equipment. E
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(b) INVOICES. Contractor must provide a properly completed invoice to Purchaser. All v�i
invoices are to be delivered to the address indicated in the purchase order. Each
invoice must include the: U)
Washington Contract Number 24223;
■ Lead State Master Agreement Number NV23-162S9 3
■ Contractor's statewide vendor registration number assigned by the
Washington State Office of Financial Management (OFM); and E
■ Applicable Purchaser's order number.
Invoices must be prominently annotated by the Contractor with all applicable Q
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volume discount(s).
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3.8 PREVAILING WAGES.This Participating Addendum is subject to Washington's Prevailing Wage L
on Public Works Act (RCW 39.12). Accordingly, for work pursuant to this Participating a
Addendum, Contractor (including any subcontractors), unless exempt, shall pay all workers
employed in the performance of any part of the work in accordance with RCW 39.12 and the L
rules promulgated by the Washington State Department of Labor and Industries. a
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(a) WAGE RATES. Contractor, and any subcontractor or other person doing any portion of U
the work covered by this Participating Addendum, shall not pay any laborer, worker, o
or mechanic less than the applicable and most current prevailing hourly wage rates M
and fringe benefits for said worker's classification to all laborers workers or mechanics N
who perform any work pursuant to any resulting contract, in conformance with the o
scope or work description of the Industrial Statistician of the Washington State <
Department of Labor and Industries. Contractor shall have sole responsibility to
ascertain the applicable prevailing rate of wage for such classification, as set forth by 3
the State of Washington for the County in which the work is performed. The E
applicable prevailing wage rates are set forth on the website for the Washington State
Department of Labor and Industries. Prevailing wage rates are updated twice a year, -a)
on the first business day in February and August, and take effect thirty(30)days after a
publication. a,
(b) STATEMENT OF INTENT TO PAY PREVAILING WAGES. Before commencing any work under this
Participating Addendum, Contractor (and all subcontractors) shall file with the Q-
.2
Washington State Department of Labor and Industries, for approval, a statement,
under oath, certifying its Intent to Pay Prevailing Wages. a
(C) INVOICES&CONTRACT PAYMENTS. Contractor understands and agrees that each invoice 0
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for payment submitted to Enterprise Services shall state that prevailing wages have a;
been paid in accordance with the pre-filed Statement(s) of Intent, as approved. cn
Copies of the Intent to Pay Prevailing Wages shall be posted on the work site with the CD
address and telephone number of the Industrial Statistician of the Washington State
Department of Labor and Industries where a complaint or inquiry regarding prevailing
wages may be made.
(d) AFFIDAVIT OF WAGES PAID. Upon completion of the work under this Participating
E
Addendum, Contractor (and each subcontractor) shall file with the Washington State
Department of Labor and Industries the approved Affidavit of Wages Paid.
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(Rev.2022-09-06)
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(e) LABOR&INDUSTRIES FEES. Contractor shall pay to the Washington State Department of
Labor and Industries any applicable fees for the Statement of Intent and/or Affidavit E
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of Wages Paid that are to be submitted to the Washington State Department of Labor w
and Industries for certification. U)
(f) PAYROLL RECORDS. Contractor shall retain payroll records pertaining to work performed
for this Participating Addendum for three(3)years following expiration or termination U)
of this Participating Addendum and, upon request, provide certified copies of such
payroll records to Enterprise Services. 3
3.8.TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES.
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(a) TERMINATION. This Participating Addendum may be terminated: (a) upon the mutual
m
written agreement of the parties; (b) by the non-breaching party where the breach is Q
not cured within thirty (30) calendar days after written notice of breach is delivered
to the breaching party, unless a different time for cure is otherwise stated in this
Participating Addendum; and (c) as otherwise expressly provided for in this
Participating Addendum. This Participating Addendum shall terminate automatically
and without further action if a party becomes insolvent or is placed in receivership, a
m
reorganization, liquidation, or bankruptcy. In addition to any other available >_
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remedies, the non-breaching party may terminate this Participating Addendum as
provided in subsection (b) above without further liability by written notice to the 0-
0
breaching party. A termination for breach will not affect rights or obligations accrued 0
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or owed before the effective date of the termination notice.
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(b) TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. 00
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Enterprise Services may suspend or terminate this Participating Addendum and N
Purchasers may suspend or terminate applicable Purchase Orders, in whole or in part, W
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at the sole discretion of Enterprise Services or, as applicable, Purchaser, if Enterprise Q
Services or, as applicable, Purchaser reasonably determines that: (a) a change in
Federal or State legislation or applicable laws materially affects the ability of either
party to perform under the terms of this Participating Addendum or applicable 3
E
Purchase Order; or (b)that a change in available funds affects Purchaser's ability to 3
pay under the applicable Purchase Order. A change of available funds as used in this
section includes, but is not limited to a change in Federal or State funding, whether
as a result of a legislative act or by order of the President or the Governor. If a written a
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notice is delivered under this provision, Purchaser will reimburse Contractor for
Goods properly ordered and/or Services properly performed until the effective date _a
of said notice. Except as stated in this provision, in the event of termination for
nonappropriation or reduction of funds or changes in law, Purchaser will have no
a
obligation or liability to Contractor.
(c) TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services,for public convenience, may
U)
terminate this Participating Addendum;Provided, however,that such termination for U)
public convenience must, in Enterprise Services'judgment, be in the best interest of
the State of Washington; and Provided further, that such termination for public w
convenience shall only be effective upon sixty(60)calendar days prior written notice;
and Provided further, that such termination for public convenience shall not relieve c
any Purchaser from payment for Goods/Services already ordered as of the effective E
date of such notice. Except as stated in this provision, in the event of such termination
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PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 8
(Rev.2022-09-06)
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8.E.d
for public convenience, neither Enterprise Services nor any Purchaser shall have any
obligation or liability to Contractor. E
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(d) PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Participating Addendum,
Purchaser shall accept and take delivery of all outstanding and not yet fulfilled 0
Purchase Orders and pay Contractor the price as set out in the Master Agreement.
Notwithstanding any provision to the contrary, in no event shall a Purchaser's
Purchase Order pursuant to this Participating Addendum that is executed prior to r
expiration of this Participating Addendum allow for Contractor to provide Goods 3
and/or Services more than twelve (12) months beyond the expiration date of the
Master Agreement. E
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(e) CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination
of this Participating Addendum, Contractor shall: (a) continue to fulfill its warranty Q
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obligations with respect to any Goods and/or Services sold hereunder and all 9
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provisions of the Participating Addendum that, by their nature, would continue
beyond the expiration, termination, or cancellation of the Participating Addendum
shall so continue and survive; and (b) promptly return to Purchaser all keys, badges, a
and other materials supplied by Purchaser for the performance of any Purchase Order
entered into pursuant to this Participating Addendum. L
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3.9. PERFORMANCE METRICS. Contractor, to retain the Participating Addendum, annually must 0
0
achieve the performance-based metrics specified below. Enterprise Services, on annual v
basis, no later than 9 months after Participating Addendum execution date, will evaluate o
Contractor's performance to ensure that Contractor meets the contractual performance 0o
requirements. If Enterprise Services determines that Contractor is in compliance with the N
performance requirements set forth in this Participating Addendum, the Participating W
0
Addendum will continue in effect for another year up and until the end of the Participating Q
Addendum term. If, however, Contractor does not satisfy the performance requirements,
Enterprise Services will notify Contractor in writing and identify steps to meet the identified 3
performance requirements. If Contractor does not comply with the mitigation E
requirements set forth in the notification, Enterprise Services reserves the right to cancel 0
the Participating Addendum as set forth in Section 14.6 of the Master Agreement.
Contractor may be prohibited from providing goods and services under this Participating
Addendum during any corrective action period. In order to satisfactorily pass the annual a
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performance assessment and maintain this Participating Addendum, Contractor must
achieve the following performance-based metrics: a
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT to
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Maintain 100% compliance with all representations N
Contractor Representations and warranties as listed in Section 3.5 of this cn
and Warranties:
Participating Addendum.
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Provide to Enterprise Services without exception,
Certificate of Insurance annual insurance endorsements (COI) as submitted
(COI): forthe NASPO ValuePoint Security and Fire Protection
Services Master Agreement. t
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(Rev.2022-09-06)
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT to
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Timely remit to Enterprise Service,with no less than a y
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75% on time rate over the participating addendum U)
term,the applicable Vendor Management Fee (VMF). U
Vendor Management Fee: See Section3.4 Vendor Management Fee.
Note: Contractor must pay the VMF within thirty(30)
t
days of invoice from Enterprise Services. 3
Timely provide to Enterprise Services, with no less
than a 75% on time rate over the Participating E
Addendum term, the required Contract quarterly L
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sales reports. See Section 3.3, Contractor Sales Q
Reporting. c
Contract Note: Contractor must provide the quarterly sales
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Sales Reports: reports to Enterprise Services within thirty (30) days
of the quarter's end. If Contractor is delinquent in a
providing the quarterly sales reports for two (2) or
more quarters within the first six (6) quarters of the L
Participating Addendum term, Contractor will not be a
eligible for a performance-based extension. v
Contractor must ensure all licenses and certifications o
are up to date with Washington Department of Labor M
and Industries. Contractor must hold an annual
check-in with Enterprise Services' Primary Contact o
named below regarding required licenses and Q
Licenses and Certifications certifications through Washington State Labor &
Industries and Washington State Patrol (if applicable).
This meeting should be held on the effective date of 3
this Participating Addendum, and annually thereafter
for the remainder of the Participating Addendum
term.
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Contractor must ensure to be in compliance with all
Prevailing Wage the Prevailing Wage requirements from Washington a
State Department of Labor and Industries and in .2
section 3.8 of this Participating Addendum.
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FOR FIRE SPRINKLER CONTRACTORS ONLY:
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT y
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Contractor must maintain a current and active fire
sprinkler certification through Washington State
Fire Sprinkler WSP Licensing Patrol as evidenced by the Contractor's inclusion on
the following list: 08.22-All-Contractors.pdf(wa.gov) E
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PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 10
(Rev.2022-09-06)
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8.E.d
PERFORMANCE METRIC PERFORMANCE REQUIREMENT to
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Beginning January 1, 2024, Contractor must ensure y
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Compliance with SB 5425 they follow the applicable fire protection sprinkler U)
system requirements set forth in SB 5425. U
Contractor may not utilize subcontractors to perform
WAC 212-80-048 fire sprinkler work under this Participating Addendum r
per WAC 212-80-048. 3
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4. LEASE AGREEMENTS: Leasing or renting equipment is not allowed throughout the term of the Master
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Agreement. Q
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S. PRIMARY CONTACTS: The primary contact individuals for this Participating Addendum are as follows (or M
their named successors):
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Participating State Contractor
Attn: Stacia Wasmundt Attn: Paul Allyn
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State of Washington Justice Systems Corporation a
Washington Dept. of Enterprise Services 3902 West Valley Hwy N, Suite 306 00
PO Box 41411 V
Auburn, WA 98001
Olympia, WA 98SO4-1411 c
Tel: (2S3)981-439800
Tel: (360) 280-3672
Email: pallyn@justicesys.com
Email: Stacia.Wasmundt@des.wa.gov N
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6. SUBCONTRACTORS: Except for subcontracts with Contractor's designated subcontractors ("Designated
Subcontractors"), Contractor shall not subcontract, assign, or otherwise transfer its obligations under t
the Master Agreement and this Participating Addendum without Enterprise Services' prior written 3
consent. Violation of this condition shall constitute a material breach establishing grounds for E
termination of this Participating Addendum.
(a) SUBCONTRACTOR AUTHORIZATION. Contractor is authorized, without additional
Participating State consent,to utilize its Designated Subcontractors to provide sales a
and service support to Purchasers hereunder; provided, however, that such c
participation shall be in accordance with the terms and conditions set forth in the a
Master Agreement and this Participating Addendum. Contractor shall maintain a U
list of such Designated Subcontractors utilized for this Participating Addendum,
and, upon request, promptly provide Enterprise Services with such list and any a
updates. E
(b) CONTRACTOR RESPONSIBILITY FOR SUBCONTRACTORS. Contractor shall be responsible to j,
ensure that all requirements of the Master Agreement (including, but not limited N
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to, insurance requirements, indemnification, Washington state business `2
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registration, etc.)flow down to any and all Designated Subcontractors. In no event
shall the existence of a subcontract between Contractor and its subcontractor
operate to release or reduce Contractor's liability to the Participating State or any
Purchaser for any breach of the Master Agreement or this Participating Addendum.
As to Participating State and Purchasers hereunder, Contractor shall have full and
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PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 11
(Rev.2022-09-06)
Packet Pg. 264
8.E.d
complete responsibility and liability for any act or omission by Contractor's
Designated Subcontractors. E
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(C) PURCHASER PAYMENT REGARDING CONTRACTOR'S DESIGNATED SUBCONTRACTORS. N
Notwithstanding any provision to the contrary, the parties understand and agree U)
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that for any contract sales or service provided pursuant to the Master Agreement
and this Participating Addendum, Purchaser payment shall be made directly to
Contractor as the awarded vendor pursuant to the competitive procurement.
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(d) CONTRACT SALES REPORTING. Notwithstanding any provision to the contrary, 3
Contractor shall report to Enterprise Services total contract sales, delineated by
purchaser, made by each individual Designated Subcontractor and also report total E
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contract sales, delineated by purchaser, on a consolidated Contractor 'roll-up'
basis. Contractor shall maintain records supporting such reports in accordance with Q
the Master Agreement's records retention requirements.
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7. ORDERS: Unless the parties to the applicable purchase order agree in writing that another contract or
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agreement applies to such order, any order placed by a Purchaser for goods/services available from
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this Master Agreement shall be deemed to be a sale under (and governed by the prices and other >
terms and conditions of)the Master Agreement as conditioned by this Participating Addendum.
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8. GENERAL: O
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8.1. INTEGRATED AGREEMENT; MODIFICATION. This Participating Addendum and Master Agreement,
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together with its exhibits, set forth the entire agreement and understanding of the Parties o
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with respect to the subject matter and supersedes all prior negotiations and
representations. This Participating Addendum may not be modified except in writing signed N
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by the Parties. o
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8.2. AUTHORITY. Each party to this Participating Addendum,and each individual signing on behalf
of each party, hereby represents and warrants to the other that it has full power and 3
authority to enter into this Participating Addendum and that its execution, delivery, and E
performance of this Participating Addendum has been fully authorized and approved, and
that no further approvals or consents are required to bind such party.
8.3. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Participating a
Addendum or any other ancillary agreement shall be deemed to have the same legal effect c
as delivery of an original executed copy of this Participating Addendum or such other a
ancillary agreement for all purposes. U
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8.4. COUNTERPARTS. This Participating Addendum may be executed in one or more counterparts, a
each of which shall be deemed an original, and all of which counterparts together shall N
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constitute the same instrument which may be sufficiently evidenced by one counterpart.
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Execution of this Participating Addendum at different times and places by the parties shall >%
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not affect the validity thereof so long as all the parties hereto execute a counterpart of this W
Participating Addendum.
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PARTICIPATING ADDENDUM—No.24223:SECURITY AND FIRE PROTECTION SERVICES Page 12
(Rev.2022-09-06)
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EXECUTED as of the date and year first above written.
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STATE OF WASHINGTON JUSTICE SYSTEMS CORPORATION N
DEPARTMENT OF ENTERPRISE SERVICES A WASHINGTON PROFIT CORPORATION
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DN:C=US,E=pallyn@justicesys.com,
McGrew,Elena Digitally signed by McGrew,Elena O=Allyn DesignPLLC,CN=Paul Allyn C1
By: (DES) Date:2023.07.25 08:52:51-07'00' By: Paul Allyn Date:2023.07.24 09:43:33-07'00' U)
Elena McGrew Paul Allyn t
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Its: Statewide Enterprise Procurement Manager Its: President
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PARTICIPATING ADDENDUM—NO.24223:SECURITY AND FIRE PROTECTION SERVICES Page 13
(Rev.2022-09-06)
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Agreement Number:
DES Use Only C
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MASTER CONTRACT USAGE AGREEMENT a
This Master Contract Usage Agreement(the"Agreement") is made pursuant to Chapter 39.34 of o
the Revised Code of Washington,and other applicable laws,by and between the state of
Washington (the"State"),actin by an t rough the partment of Enterprise Services("DES"), a
an agency of the State,and o
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a state agency,or local or federal agency or ntity,or public benefit nonprofit corporation, or any E
tribe located in the State("Buyer'). N
1. Purpose: The purpose of the Agreement is to establish the terms and conditions for when
Buyer purchases or acquires goods and services for its direct use undercontracts entered into y
by DES that permit such use("Master Contracts").
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2. Duration: This Agreement will become effective on date of execution,and will continue in 3
full force and effect until thirty (30)clays following receipt of written notice from either party
cancelling this Agreement. E
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3. Agreement Contact Information: Contact person to whom contract documents and related a
communications are to be mailed or faxed.
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Organization Name:
Tax Identification Number:
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Unified Business Identifier Requtredjor Nwr Profit. >
Contact Name: L
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Address: CD
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Phone Number: w
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Email Address: / 6") 01Za
4. Cancellation of A reement: This agreement an be terminated by either party upon 30 days
written notice provided to DES at: 3
Email to: mcua@des.wa.gov OR Mail to: WA Dept of Enterprise Services L
Attn: ACCO o
P.O. Box 41409 v
Olympia, WA 98504-1401
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5. Financial Responsibility: Buyer will deal directly with the Master Contract contractor, o
supplier,or service supplier("Contractor")for any purchases Buyer makes pursuant to this r
Agreement and under a Master Contract. DES does not accept any responsibility,financial
or otherwise,for any purchase Buyer makes under a Master Contract.
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Agreement Number:
DES Use 0uh, m
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6. Compliance with Other Laws: Each of the patties will comply with all applicable federal,
state,and local laws and regulations governing its own purchases. Q
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7. Master Contract Audits: Bayer agrees to cooperate with DES,the Office of the State °
Auditor,federal officials,or any third party authorized by law,rule,regulation or contract, in
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any audit conducted by such party related to any MasteMasterContract(s)that Buyer has made
purchases from pursuant to this Agreement,including providing records related to any �j
purchase from a Master Contract.In addition,Buyer agrees to provide,upon request from
DES,documentation to confirm its eligibility to use Master Contracts. ;
8. Dispute Resolution: If there are any disputes between Buyer and a Contractor,Buyer agrees
to (a)provide DES written notice of the nature of the dispute;and(b)unless otherwise 2
provided in the Master Contract or as set forth below,work in good faith with the Contractor
to resolve the dispute without the involvement of DES. DES may, upon request, review and
assist in the resolution of a dispute,and if DES chooses to do so,the Buyer wilt cooperate 3
with DES in that resolution process.
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In its sole discretion,DES may,but is not obligated to,upon written notice to Buyer,resolve E
disputes with a Contractor on behalf of Buyer and all other state, local,and federal agencies,
local governments,and public benefit nonprofit corporations with similar or related disputes Q
with such Contractor. E.N
9, No Separate Entity: No separate legal or administrative entity is intended to be creates by,or
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for the administrat'on of,this Agreement. a
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10.Hold Harmless: Each party agrees to defend, indemnify,and hold the other party harmless >_
from any claim arising from such party's sole negligent,reckless,or willful misconduct.
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11, Entire Agreement: This Agreement sets forth the entire agreement between the parties,and 0
supersedes any other prior written agreements between the parties,with respect to the subject
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matter hereof. o
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IN WITNESS WHEREOF the parties having read this Agreement,agree to A in each and every co
particular,and have executed A below. w
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APPROVED APPROVED
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WASHINGTON STATE
DEPARTMENT OF ENTERPRISE SERVICES U o
Entity Name Entit tYr c.�
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Signature Lgna"(-e
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Farrel; Presnell,Acting As,,stant Director r
Name/-1tle Name/Tie v
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Date Dat E
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Packet Pg. 268
8.F
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Ordinance Amending Chapter 9.02 "Criminal Code" of the
Kent City Code - Adopt
MOTION: I move to adopt Ordinance No. 4482, amending Chapter 9.02 of
the Kent City Code to incorporate new crimes adopted by the state during
the 2023 legislative session.
SUMMARY: Generally speaking, cities have the responsibility to enforce and
prosecute misdemeanor and gross misdemeanor crimes that occur within their
respective city limits. However, the City of Kent can only enforce and prosecute
through its Municipal Court those crimes or civil infractions that Kent has expressly
adopted by ordinance, either comprehensively through individual creation and
adoption, or by reference to a state statute. While Kent has adopted some Kent-
specific crimes, the majority of its criminal code is adopted by reference to state
crimes and enacted by the state Legislature over the years.
During its 2023 session, the state Legislature adopted a number of new laws which
establish new crimes. It is therefore appropriate to amend the Kent City Code to
incorporate them locally. Through Kent City Code ("KCC") 9.02.020, the City has
adopted nearly all misdemeanors, gross misdemeanors, and Class C felonies
contained in the Revised Code of Washington ("RCW"). However, to provide clarity
as to new crimes that didn't previously exist, the KCC must be amended to
specifically include new state law provisions.
Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with the
RCW to update the KCC to reflect changes that have been made over time to the
RCW titles, and to add Class C felony crimes that were not specifically listed in the
KCC. References to repealed sections of the RCW have also been removed.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Packet Pg. 269
8.F
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Crim Code Update 2023-2024-(2022 Corr & 2023 Leg Summary) Ordinance
(PDF)
12/12/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 1/16/2024
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
Packet Pg. 270
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ORDINANCE NO. 4482
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as
AN ORDINANCE of the City Council of the a
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code, entitled "Criminal Code," to: (i) �
adopt by reference misdemeanor crimes enacted by
the state legislature during its 2023 sessions for 0
application and enforcement in the City of Kent; and M
(ii) make other housekeeping amendments. M
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RECITALS
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A. During its 2023 regular legislative session, the Washington
State Legislature enacted several bills that added new criminal provisions to E
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the Revised Code of Washington ("RCW")1. The Kent City Code ("KCC") has (0.,
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adopted by reference state misdemeanor laws, which allows those crimes to M
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be prosecuted locally within the Kent Municipal Court. Once a state law is N
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adopted by reference into the KCC, that reference is sufficient for c
subsequent amendments the Legislature may make to that state law N
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provision. However, because the Legislature adopted legislation that created N
new crimes that did not previously exist, it is preferred to amend the KCC N
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to similarly adopt these new state law provisions by express reference to N
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allow them to be locally enforced through the Kent Municipal Court.
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1 These new offenses include: (i) prohibiting a person from committing, or transporting for o
the purpose of another committing, female genital mutilation on a minor; (ii) prohibiting V
the manufacture, import, distribution, sale, or offer for sale, of assault weapons; and (iii) E
prohibiting the possession, purchase, delivery, sale, or possession with an intent to sell, a v
tableting and encapsulating machine.
1 Criminal Code Amendments -
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B. These new criminal offenses were previously adopted as Y
Session Laws by City Council through Ordinance No. 4468 in June 2023, and r
added to KCC 9.02.030. They have since been codified by the state's Office N
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of the Code Reviser. Accordingly, this Ordinance removes these offenses can
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from KCC 9.02.030 and incorporates them throughout Ch. 9.02 KCC by
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corresponding subject matter. L)
C. While updating the criminal code to add these new crimes, staff
made other housekeeping amendments to update changes made to the E
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RCW, and incorporated into the ordinance other misdemeanor crimes that
were not previously adopted by specific reference.Z
D. References to repealed sections of the RCW have also been 0
removed.'
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE E
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SECTION 1. - Amendment - Section 9.02.010. Section 9.02.010 of
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the Kent City Code, entitled "Preliminary article," is amended as follows: N
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Sec. 9.02.010. Preliminary article. 0
A. This chapter shall be known and may be cited as the "Kent criminal N
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code."
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z During its 2023 session, the legislature made changes to state law that makes it a crime °r
for one student to haze another student by increasing the penalties associated with those
crimes. This hazing statute had not previously been expressly adopted by reference into a
the Kent City Code.
3 These repealed offenses include RCW 7.90.020, RCW 9.81.010, RCW 9.81.030, RCW o
9.81.110, RCW 9.91.180, RCW 9A.72.085, RCW 9A.90.130, RCW 10.14.120, RCW V
10.14.150, RCW 10.14.170, RCW 10.31.050, RCW 19.290.070, RCW 26.50.020, RCW E
36.29.060, RCW 66.16.090, RCW 68.05.390, RCW 69.04.933, RCW 69.04.934, RCW v
69.04.938, RCW 69.51A.043, RCW 69.51A.085.
2 Criminal Code Amendments —
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B. As used in this chapter, "RCW" shall mean the Revised Code of Y
Washington.
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C. If any section, subsection, sentence, or provision of this chapter or its can
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application to any person or circumstance is held invalid, the remainder of
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this chapter or the application of the section, subsection, sentence, or L)
provision to other persons or circumstances is not affected, and to this end,
the sections, subsections, sentences, and provisions of this chapter are E
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declared to be severable.
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D. By adopting state statutes, the city intends to assume jurisdiction 0
over and become the jurisdictional authority for the enforcement and
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prosecution of misdemeanor and gross misdemeanor crimes that are
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committed within the city limits of Kent. Whenever the word "state" shall
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appear in any statute adopted by reference in this chapter, the word "city"
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shall be substituted therefor; provided, however, the term "city" shall not -
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be substituted for the term "state" in those circumstances that set forth E
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administrative or licensing duties of the state and its subdivisions. in
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E. Whenever a state statute specifically adopted in this chapter refers to 0
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another state statute not specifically adopted in this chapter, the statute C!
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referred to shall be given the force and effect necessary to enforce the U
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statute specifically adopted in this chapter. N
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F. Any section of this chapter that is repealed or amended by ordinance M
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shall remain in full force and effect until the effective date of the ordinance N
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repealing or amending the section. Any state statute that is adopted by
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reference which is later amended, repealed, or recodified shall remain in full
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force and effect until the effective date of the legislative act that repeals, 0
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recodifies, or amends the state statute. The amendment or recodification of
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any state statute adopted in this chapter shall be given its full force and Y
effect upon the effective date of its amendment or recodification. r
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G. When issuing a citation, information, or complaint for the violation of °'
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any section of the RCW adopted by this chapter, it shall be sufficient for a 0
commissioned officer or prosecutor to cite to and refer to the RCW section U
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number.
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H. A copy of all statutes adopted by reference for application and
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enforcement within the city limits of Kent are available online for public c
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viewing through the Washington State Legislature's website at: o
http://app.leg.wa.gov/rcw/ and on file with the city clerk in accordance with
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KCC 1.02.010(B). M
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the city e!eF!( and available fer public inspectien during the regulaF business
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SECTION 2. - Amendment - Section 9.02.030. Section 9.02.030 of E
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the Kent City Code, entitled "Session laws not yet codified," is amended as �
follows:
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Sec. 9.02.030. Session laws not yet codified. As the Washington 06
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State Legislature adopts new laws, those new laws occasionally become U
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effective before the state's Office of the Code Reviser is able to codify those N
new laws into the RCW. Accordingly, the following session laws, as currently N
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enacted or as later amended or codified, are hereby adopted by reference M
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and shall be given the same force and effect as if set forth herein in full: N
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None.
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SECTION 3. - Amendment - Section 9.02.050. Section 9.02.050 of
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the Kent City Code, entitled "RCW Title 7, entitled "Special Proceedings and Q
Actions" - Adoption by reference," is amended as follows:
Sec. 9.02.050. RCW Title 7, entitled "'Special Proceedings and
Actions" - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
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are hereby adopted by reference and shall be given the same force and
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effect as if set forth herein in full:
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RCW ('
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7.21.010 Definitions.
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7.21.020 Sanctions - Who may impose. 0
7.21.030 Remedial sanctions - Payment for losses.
7.21.040 Punitive sanctions - Fines.
7.21.050 Sanctions - Summary imposition - Procedure.
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7.21.070 Appellate review. N
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7.80.120 Monetary penalties - Restitution. 06
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7.80.150 Notices - Record of - Cancellation prohibited, penalty - Audit. 0
7.80.160 Failure to exercise notice options - Failure to satisfy penalty. N
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7.84.060 Response to notice - Contesting determination - Mitigating
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circumstances - Hearing - Failure to respond or appear - N
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Penalty. o
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7.84.100 Monetary penalties.
7.84.130 Failure to pay or complete community restitution - Penalty.
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7.105.450 Enforcement and penalties - Other than antiharassment Y
protection orders and extreme risk protection orders. r
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7.105.455 Enforcement and penalties - Antiharassment protection orders. N
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7.105.460 Enforcement and penalties - Extreme risk protection orders - °'
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False petitions. 0
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SECTION 4. - Amendment - Section 9.02.060. Section 9.02.060 of
the Kent City Code, entitled "RCW Title 9, entitled "Crimes and Punishments" E
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- Adoption by reference," is amended as follows:
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Sec. 9.02.060. RCW Title 9, entitled "Crimes and Punishments" 0
- Adoption by reference. The following RCW sections, as currently
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enacted or as hereafter amended or recodified from time to time, are hereby M
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adopted by reference and shall be given the same force and effect as if set
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forth herein in full: Ea
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RCW E
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9.01.055 Citizen immunity if aiding officer, scope - When. N
9.01.110 Omission, when not punishable.
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9.01.130 Sending letter, when complete. c
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9.02.050 Concealing birth. 06
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9.02.120 Unauthorized abortions - Penalty. ci
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9.02.130 Defenses to prosecution. N
9.02.170 Definitions. N
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9.03.010 Abandoning, discarding refrigeration equipment. M
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9.03.020 Permitting unused equipment to remain on premises. N
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9.03.030 Violation of RCW 9.03.010 or 9.03.020.
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9.03.040 Keeping or storing equipment for sale.
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9.04.010 False advertising. 0
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9.04.050 False, misleading, deceptive advertising.
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9.04.070 False, misleading, deceptive advertising - Penalty. Y
9.04.090 Advertising fuel prices by service stations.
9.08.030 False certificate of registration of animals - False N
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representation as to breed. can
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9.08.065 Definitions. 0
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9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. - L)
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Penalty.
9.08.072 Transferring stolen pet animal to a research institution - E
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Penalty.
9.08.074 Transferring stolen pet animal to a person who has previously
sold a stolen pet animal to a research institution - Penalty. o
9.08.076 Transferring stolen pet animal to a research institution by a
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U.S.D.A. licensed dealer - Penalty.
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9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate
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offenses.
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9.08.090 Acts against animal facilities. -
9.12.010 Barratry. E
9.12.020 Buying, demanding, or promising reward by district judge or in
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deputy.
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9.16.005 Definitions. c
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9.16.010 Removing lawful brands. �
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9.16.020 Imitating lawful brand. L)
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9.16.030 Counterfeit mark - Intellectual property. N
9.16.035 Counterfeiting - Penalties. N
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9.16.041 Counterfeit items - Seizure and forfeiture. M
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9.16.050 When deemed affixed. N
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9.16.060 Fraudulent registration of trademark.
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9.16.070 Form and similitude defined.
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9.16.080 Petroleum products improperly labeled or graded - Penalty. 0
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9.16.100 Use of the words "sterling silver," etc.
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9.16.110 Use of words "coin silver," etc. Y
9.16.120 Use of the word "sterling" on mounting. r
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9.16.130 Use of the words "coin silver" on mounting. N
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9.16.140 Unlawfully marking article made of gold.
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9.16.150 "Marked, stamped or branded" defined.
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9.18.080 Offender a competent witness. L)
9.18.120 Suppression of competitive bidding.
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9.18.130 Collusion to prevent competitive bidding - Penalty. E
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9.18.150 Agreements outside state.
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9.24.010 Fraud in stock subscription. c
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9.24.040 Corporation doing business without license. 0
9.26A.090 Telephone company credit cards - Prohibited acts.
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9.26A.100 Definitions.
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9.26A.110 Fraud in obtaining telecommunications service - Penalty.
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9.26A.120 Fraud in operating coin-box telephone or other receptacle. Ea
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9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. ;,
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9.26A.140 Unauthorized sale or procurement of telephone records - E
Penalties - Definitions.
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9.27.015 Interference, obstruction of any court, building, or residence - 0
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9.35.005 Definitions. 06
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9.35.010 Improperly obtaining financial information. ci
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9.35.020 Identity theft. cm
9.35.030 Soliciting undesired mail. N
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9.38.010 False representation concerning credit. M
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9.38.015 False statement by deposit account applicant. N
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9.38.020 False representation concerning title.
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9.38.060 Digital signature violations.
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9.40.040 Operating engine or boiler without spark arrester. 0
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9.40.100 Tampering with fire alarm or firefighting equipment - False Y
alarm - Penalties. r
4-
9.41.010 Definitions.Te- s .d efmned °w'
N
O
9.41.040 Unlawful possession of firearms - can
as
Penalties. Q.
CU
M
9.41.050 Carrying firearms.
a�
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license - Application - Fee - Renewal. E
a
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated - Hold on delivery - Fees
authorized. 0
9.41.0975 Officials and agencies - Immunity, writ of mandamus.
00
M
9.41.098 Forfeiture of firearms - Disposition - Confiscation.
a�
9.41.100 Dealer licensing and registration required.
c
9.41.110 Dealer's licenses, by whom granted, conditions, fees -
0
Employees, fingerprinting and background checks - Wholesale -
sales excepted - Permits prohibited. E
9.41.113 Firearm sales or transfers - Background checks - in
a�
Requirements - Exceptions.
M
9.41.115 Penalties - Violations of RCW 9.41.113. c
N
9.41.120 Firearms as loan security. '!
L
L
9.41.124 Purchasing of rifles and shotguns by nonresidents. L)
N
9.41.140 Alteration of identifying marks - Exceptions. o
9.41.171 Alien possession of firearms - Requirements - Penalty. N
0
9.41.173 Alien possession of firearms - Alien firearm license - Political M
N
subdivisions may not modify requirements - Penalty for false N
a�
statement.
a
9.41.175 Alien possession of firearms - Possession without license -
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Conditions. 0
0
9.41.190 Unlawful firearms - Exceptions. E
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9.41.220 Unlawful firearms and parts contraband. Y
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol or semiautomatic assault rifle by person N
0
from eighteen to twenty-one. can
as
9.41.250 Dangerous weapons - Penalty.
CU
9.41.251 Dangerous weapons - Application of restrictions to law
a�
enforcement, firefighting, rescue, and military personnel.
9.41.260 Dangerous exhibitions. E
a
9.41.270 Weapons apparently capable of producing bodily harm -
Unlawful carrying or handling - Penalty - Exceptions. c
9.41.280 Possessing dangerous weapons on school facilities - Penalty - 0
Exceptions.
00
M
9.41.282 Possessing dangerous weapons on child care premises -
a
Penalty - Exceptions.
c
9.41.284 Possessing dangerous weapons at voting facilities - Penalty -
0
Exceptions. -
9.41.290 State preemption. E
9.41.300 Weapons prohibited in certain places - Local laws and in
a�
ordinances - Exceptions - Penalty.
M
9.41.305 Open carry of weapons prohibited on state capitol grounds and c
N
municipal buildings. �
L
L
9.41.325 Undetectable or untraceable firearms - Penalties. U
N
9.41.326 Untraceable firearms - Exceptions - Penalties. N
9.41.327 Unfinished frames or receivers - Exceptions - Penalties. N
0
9.41.335 Failure to register as felony firearm offender. M
N
9.41.340 Return of privately owned firearm by law enforcement agency N
a�
- Notification - Exception - Exemption from public disclosure -
a
Civil liability - Liability for request based on false information. �
a�
9.41.345 Return of privately owned firearm or concealed pistol license 0
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by law enforcement agency - Duties - Notice - Exception. E
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9.41.350 Voluntary waiver of firearm rights - Procedure - Penalty - Y
Exemption from public disclosure.
4-
9.41.360 Unsafe storage of a firearm. N
0
9.41.365 Firearm security and storage - Requirements for dealers. can
as
9.41.390 Assault weapons - Manufacturing, importing, distributing, 0
selling prohibited - Exceptions - Penalty.
9.41.800 Surrender of weapons or licenses - Prohibition on future
possession or licensing. E
a
9.41.810 Penalty.
c
9.44.080 Misconduct in signing a petition. c
9.45.060 Encumbered, leased, or rented personal property - 0
Construction.
00
M
9.45.070 Mock auctions.
a�
9.45.080 Fraudulent removal of property.
c
9.45.090 Knowingly receiving fraudulent conveyance.
0
9.45.100 Fraud in assignment for benefit of creditors. -
9.45.160 Fraud in liquor warehouse receipts. E
9.45.170 Penalty. in
a�
9.45.210 Altering sample or certificate of assay.
M
9.45.220 Making false sample or assay of ore. c
N
9.45.260 Fire protection sprinkler system contractors - Wrongful acts. �
L
L
9.45.270 Fraudulent filing of vehicle report of sale. L)
N
9.46.0201 "Amusement game." N
9.46.0205 "Bingo." N
0
9.46.0209 "Bona fide charitable or nonprofit organization." M
N
CD
9.46.0213 "Bookmaking." N
as
9.46.0217 "Commercial stimulant."
a
9.46.0221 "Commission."
as
9.46.0225 "Contest of chance." 0
0
9.46.0229 "Fishing derby."
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9.46.0233 "Fund-raising event." Y
9.46.0237 "Gambling." r
9.46.0241 "Gambling device." CN
0
9.46.0245 "Gambling information." °'
L
9.46.0249 "Gambling premises."
CU
9.46.0253 "Gambling record." L)
a�
9.46.0257 "Lottery."
c
9.46.0261 "Member," "bona fide member." E
a
9.46.0265 "Player."
c
9.46.0269 "Professional gambling." c
9.46.0273 "Punchboards," "pull-tabs." 0
9.46.0277 "Raffle."
00
M
9.46.0282 "Social card game."
a�
9.46.0285 "Thing of value."
c
9.46.0289 "Whoever," "person."
0
9.46.170 False or misleading entries or statements, refusal to produce -
records. E
9.46.185 Causing person to violate rule or regulation. in
aM
9.46.190 Violations relating to fraud, deceit, altering or misrepresenting, �
M
betting, or gambling - Penalty. c
N
9.46.195 Obstruction of public servant - Penalty. �
L
L
9.46.196 Cheating - Defined. U
N
9.46.1961 Cheating in the first degree. N
9.46.1962 Cheating in the second degree. N
0
9.46.198 Working in gambling activity without license as violation - M
N
Penalty. N
as
9.46.215 Ownership or interest in gambling device - Penalty -
a
Exceptions.
a�
9.46.217 Gambling records - Penalty - Exceptions. 0
0
9.46.221 Professional gambling in the second degree. E
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9.46.222 Professional gambling in the third degree. Y
9.46.228 Gambling activities by persons under age eighteen prohibited
4-
- Penalties - Jurisdiction - In-house controlled purchase CN
0
programs authorized. °'
L
9.46.240 Gambling information, transmitting or receiving.
CU
9.47.080 Bucket shop defined. L)
9.47.090 Maintaining bucket shop - Penalty.
9.47.100 Written statement to be furnished - Presumption. E
a
9.47A.010 Definition.
c
9.47A.020 Unlawful inhalation - Exception. c
9.47A.030 Possession of certain substances prohibited, when. 0
9.47A.040 Sale of certain substances prohibited, when.
00
M
9.47A.050 Penalty.
a�
9.51.010 Misconduct of officer drawing jury.
c
9.51.020 Soliciting jury duty. E
0
9.51.030 Misconduct of officer in charge of jury. -
9.51.040 Grand juror acting after challenge allowed. E
9.51.050 Disclosing transaction of grand jury. in
a�
9.51.060 Disclosure of deposition returned by grand jury.
M
9.55.020 Witness refusing to attend legislature or committee or to 0
N
testify. �
L
L
9.61.190 Carrier or racing pigeons - Injury to. L)
N
9.61.200 Carrier or racing pigeons - Removal or alteration of N
identification. N
0
9.61.230 Telephone harassment. M
N
9.61.240 Telephone harassment - Permitting telephone to be used. N
a�
9.61.250 Telephone harassment - Offense, where deemed committed.
a
9.62.010 Malicious prosecution.
a�
9.62.020 Instituting suit in name of another. 0
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9.66.010 Public nuisance.
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9.66.020 Unequal damage. Y
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance. °
N
O
9.66.050 Deposit of unwholesome substance. can
as
9.68.015 Obscene literature, shows, etc. - Exemptions.
CU
9.68.030 Indecent articles, etc. L)
a�
9.68.050 "Erotic material" - Definitions.
9.68.060 "Erotic material" - Determination by court - Labeling - E
a
Penalties.
c
9.68.070 Prosecution for violation of RCW 9.68.060 - Defense.
9.68.080 Unlawful acts. 0
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.
00
M
9.68.110 Motion picture operator or projectionist exempt, when.
a�
9.68.130 "Sexually explicit material" - Defined - Unlawful display.
c
9.68.140 Promoting pornography - Class C felony - Penalties. E
0
9.68A.011 Definitions. -
9.68A.050 Dealing in depictions of minor engaged in sexually explicit E
conduct. '
9.68A.060 Sending, bringing into state depictions of minor engaged in
M
sexually explicit conduct. o
N
9.68A.070 Possession of depictions of minor engaged in sexually explicit �
L
L
conduct. L)
N
9.68A.075 Viewing depictions of a minor engaged in sexually explicit N
conduct.
N
O
9.68A.080 Reporting of depictions of a minor engaged in sexually explicit M
N
conduct - Civil immunity. N
a�
9.68A.090 Communication with minor for immoral purposes - Penalties.
a
9.68A.102 Promoting travel for commercial sexual abuse of a minor -
a�
Penalty - Consent of minor does not constitute defense. 0
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9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - Y
Consent of minor does not constitute defense. r
4-
9.68A.110 Certain defenses barred, permitted. N
0
9.68A.120 Seizure and forfeiture of property.
L
9.68A.150 Allowing minor on premises of live erotic performanceCU
-
Definitions - Penalty.
9.69.100 Duty of witness of offense against child or any violent offense
- Penalty. E
a
9.72.090 Committal of witness - Detention of documents.
c
9.73.010 Divulging telegram. c
�a
9.73.020 Opening sealed letter. 0
9.73.030 Intercepting, recording, or divulging private communication -
co
Consent required - Exceptions. M
aD
9.73.050 Admissibility of intercepted communication in evidence.
c
9.73.070 Persons and activities excepted from chapter. Ea
0
9.73.080 Penalties. ;,
L
9.73.090 Certain emergency response personnel exempted from RCW E
9.73.030 through 9.73.080 - Standards - Court authorizations
- Admissibility.
M
9.73.100 Recordings available to defense counsel. c
N
9.73.110 Intercepting, recording, or disclosing private communications - 06
L
L
Not unlawful for building owner - Conditions. ci
N
9.73.230 Intercepting, transmitting, or recording conversations N
concerning controlled substances or commercial sexual abuse N
0
of a minor - Conditions - Written reports required - Judicial M
N
review - Notice - Admissibility - Penalties. coi
a�
9.73.260 Pen registers, trap and trace devices, cell site simulator
a
devices.
a�
9.o-vrvi n D fin;t;en O
U
E
9.8i.030 Membership subversive erganozatuen felony Penalty.
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9.86.010 "Flag," etc., defined.
9.86.020 Improper use of flag prohibited. O,C
0
9.86.030 Desecration of flag. can
as
9.91.010 Denial of civil rights - Terms defined.
CU
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. L)
9.91.060 Leaving children unattended in e-parked automobile.
9.91.130 Disposal of trash in charity donation receptacle. E
a
9.91.140 Food stamps - Unlawful sale.
c
9.91.142 Food stamps - Trafficking. c
9.91.144 Food stamps - Unlawful redemption. 0
9.91.150 Tree spiking.
00
M
9.91.160 Personal protection spray devices.
a�
9.91.170 Interfering with dog guide or service animal.
c
9.91.175 Interfering with search and rescue dog.
0
games. -
9.92.020 Punishment of gross misdemeanor when not fixed by statute. E
9.92.030 Punishment of misdemeanor when not fixed by statute. in
a�
9.92.040 Punishment for contempt.
M
9.92.080 Sentence on two or more convictions or counts. o
N
9.94.041 Narcotic drugs, controlled substances, alcohol, '!
L
a+racannabis, other intoxicant, cell phone, or other form L)
N
of electronic telecommunications device - Possession, etc., by N
prisoners - Penalty. N
0
9.94A.518 Table 4—Drug offenses seriousness level. M
N
9.96.060 Vacating records of conviction for misdemeanor and gross N
a�
misdemeanor offenses.
a
a�
0
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SECTION 5. - Amendment - Section 9.02.070. Section 9.02.070 of Y
the Kent City Code, entitled "RCW Title 9A, entitled "Washington Criminal r
4-
Code" - Adoption by reference," is amended as follows: N
0
of
L
Sec. 9.02.070. RCW Title 9A, entitled "Washington Criminal 0
Code" - Adoption by reference. The following RCW sections, as currently L)
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set E
a
forth herein in full: 4)
c
c
a
RCW 0
9A.04.020 Purposes - Principles of construction.
co
9A.04.030 State criminal jurisdiction. M
aD
9A.04.040 Classes of crimes.
c
9A.04.050 People capable of committing crimes - Capability of children. Ea
0
9A.04.060 Common law to supplement statute. ;,
L
9A.04.070 Who amenable to criminal statutes. E
E
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
M
9A.04.100 Proof beyond a reasonable doubt. c
N
9A.04.110 Definitions. 06
L
L
9A.08.010 General requirements of culpability. ci
N
9A.08.020 Liability for conduct of another - Complicity. N
9A.08.030 Entity and personal liability. N
Co
9A.12.010 Insanity. M
N
9A.16.010 Definitions. N
a�
9A.16.020 Use of force - When lawful.
a
9A.16.060 Duress.
a�
9A.16.070 Entrapment. 0
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9A.16.080 Action for being detained on mercantile establishment premises Y
for investigation - "Reasonable grounds" as defense. r
4-
9A.16.090 Intoxication. °
N
O
9A.16.100 Use of force on children - Policy - Actions presumed
a�
unreasonable. �-
9A.16.120 Outdoor music festival, campground - Detention. L)
9A.20.010 Classification and designation of crimes.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and E
a
after. °
c
9A.20.030 Alternative to a fine - Restitution. c
a
9A.28.020 Criminal attempt. 0
9A.28.030 Criminal solicitation.
co
9A.28.040 Criminal conspiracy. M
aD
9A.36.031 Assault in the third degree.
c
9A.36.041 Assault in the fourth degree. Ea
0
9A.36.050 Reckless endangerment. ;,
L
9A.36.060 Promoting a suicide attempt. E
9A.36.070 Coercion. N
9A.36.080 Hate crime offense - Definition and criminal penalty.
M
9A.36.100 Custodial assault. c
N
9A.36.140 Assault of a child in the third degree. 06
L
L
9A.36.150 Interfering with the reporting of domestic violence. ci
N
9A.36.160 Failing to summon assistance. N
9A.36.161 Failing to summon assistance - Penalty. N
Co
9A.36.170 Female genital mutilation - Minors. M
N
9A.40.010 Definitions. 04
a�
9A.40.040 Unlawful imprisonment.
a
9A.40.060 Custodial interference in the first degree.
a�
9A.40.070 Custodial interference in the second degree. °
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9A.40.080 Custodial interference - Assessment of costs - Defense - Y
Consent defense, restricted. r
4-
9A.40.090 Luring. �°,
0
9A.40.110 Coercion of involuntary servitude. °'
a�
9A.40.120 Enforcement of orders restricting contact. 0
9A.42.010 Definitions.
a�
9A.42.030 Criminal mistreatment in the second degree.
9A.42.035 Criminal mistreatment in the third degree. E
a
9A.42.037 Criminal mistreatment in the fourth degree.
c
9A.42.040 Withdrawal of life support systems. c
�a
9A.42.045 Palliative care. 0
9A.42.050 Defense of financial inability.
CO
9A.42.070 Abandonment of a dependent person in the second degree M
-
aD
Exception.
c
9A.42.080 Abandonment of a dependent person in the third degree - a
0
Exception. ;,
L
9A.42.090 Abandonment of a dependent person - Defense. E
9A.42.110 Leaving a child in the care of a sex offender. N
9A.44.010 Definitions.
M
9A.44.020 Testimony - Evidence - Written motion - Admissibility. c
N
9A.44.030 Defenses to prosecution under this chapter. 06
L
9A.44.060 Rape in the third degree. ci
N
9A.44.079 Rape of a child in the third degree. N
9A.44.089 Child molestation in the third degree. N
CO
9A.44.093 Sexual misconduct with a minor in the first degree. M
N
9A.44.096 Sexual misconduct with a minor in the second degree. N
a�
9A.44.105 Sexually violating human remains.
a
9A.44.115 Voyeurism.
a�
9A.44.120 Admissibility of child's statement - Conditions. 0
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9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, Y
10.01.200, 43.43.540, 70.48.470, and 72.09.330. r
4-
9A.44.130 Registration of sex offenders and kidnapping offenders - N
0
Procedures - Definition - Penalties. can
a�
9A.44.132 Failure to register as sex offender or kidnapping offender.
CU
9A.44.150 Testimony of child by closed-circuit television.
9A.44.160 Custodial sexual misconduct in the first degree.
9A.44.170 Custodial sexual misconduct in the second degree. E
a
9A.44.180 Custodial sexual misconduct - Defense.
9A.44.190 Criminal trespass against children - Definitions. c
9A.44.193 Criminal trespass against children - Covered entities. 0
9A.44.196 Criminal trespass against children.
00
M
9A.44.210 Court initiated issuance of sexual assault no-contact orders -
a�
Terms, conditions, requirements, etc.
c
9A.46.010 Legislative finding.
0
9A.46.020 Definition - Penalties. -
9A.46.030 Place where committed. E
E
9A.46.040 Court-ordered requirements upon person charged with crime - in
a�
Violation.
J
M
9A.46.050 Arraignment - No--contact order. N
N
9A.46.055 Court-initiated stalking no-contact orders. 06
L
L
9A.46.060 Crimes included in harassment. U
N
9A.46.070 Enforcement of orders restricting contact. N
9A.46.080 Order restricting contact - Violation. N
0
9A.46.085 Stalking no-contact orders - Appearance before magistrate M
N
required. N
a�
9A.46.090 Nonliability of peace officer.
a
9A.46.100 "Convicted," time when.
a�
9A.46.110 Stalking. 0
9A.46.120 Criminal gang intimidation. E
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9A.48.010 Definitions. Y
9A.48.040 Reckless burning in the first degree. r
4-
9A.48.050 Reckless burning in the second degree. N
0
9A.48.060 Reckless burning - Defense.
L
9A.48.080 Malicious mischief in the second degree. 0
9A.48.090 Malicious mischief in the third degree. L)
9A.48.100 Malicious mischief - "Physical damage" defined.
9A.48.105 Criminal street gang tagging and graffiti. E
a
9A.48.110 Defacing a state monument.
c
9A.49.001 Findings. c
E
9A.49.010 Definitions. 0
9A.49.020 Unlawful discharge of a laser in the first degree.
co
9A.49.030 Unlawful discharge of a laser in the second degree. M
aD
9A.49.040 Civil infraction, when.
c
9A.49.050 Exclusions. Ea
0
9A.50.010 Definitions. ;,
L
9A.50.020 Interference with health care facility. E
9A.50.030 Penalty.
9A.50.060 Informational picketing.
M
9A.52.010 Definitions. c
N
9A.52.050 Other crime in committing burglary punishable. 06
L
L
9A.52.060 Making or having burglar tools. ci
N
9A.52.070 Criminal trespass in the first degree. N
9A.52.080 Criminal trespass in the second degree. N
0
9A.52.090 Criminal trespass - Defenses. M
N
9A.52.095 Vehicle prowling in the first degree. N
a�
9A.52.100 Vehicle prowling in the second degree.
a
9A.52.105 Removal of unauthorized persons - Declaration - Liability -
a�
Rights. 0
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9A.52.115 Removal of unauthorized persons - Declaration form - Penalty Y
for false swearing. r
4-
9A.56.010 Definitions. °
N
O
9A.56.020 Theft - Definition, defense. °'
a�
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree. L)
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools. E
a
9A.56.075 Taking motor vehicle without permission in the second degree.
c
9A.56.083 Theft of livestock in the second degree. c
�a
9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. 0
9A.56.100 Theft and larceny equated.
co
M
9A.56.110 Extortion - Definition.
a�
9A.56.130 Extortion in the second degree.
c
9A.56.140 Possessing stolen property - Definition - Presumption. Ea
0
9A.56.160 Possessing stolen property in the second degree - Other than ;,
L
firearm or motor vehicle. E
E
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring the identity of a machine.
M
9A.56.220 Theft of subscription television services. c
N
9A.56.230 Unlawful sale of subscription television services. 06
L
L
9A.56.240 Forfeiture and disposal of device used to commit violation. ci
N
9A.56.260 Connection of channel converter. c
N
9A.56.262 Theft of telecommunication services. N
Co
9A.56.264 Unlawful manufacture of telecommunication device. M
N
9A.56.266 Unlawful sale of telecommunication device. N
a�
9A.56.270 Shopping cart theft.
a
9A.56.280 Credit, debit cards, checks, etc. - Definitions.
a�
9A.56.290 Credit, payment cards - Unlawful factoring of transactions. °
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9A.56.320 Financial fraud - Unlawful possession, production of Y
instruments of. r
4-
9A.56.330 Possession of another's identification. �°,
0
9A.56.340 Theft with the intent to resell.
L
9A.56.350 Organized retail theft. 0
9A.56.360 Retail theft with special circumstances. U
9A.56.370 Mail theft.
9A.56.380 Possession of stolen mail. E
a
9A.56.390 Mail theft - Possession of stolen mail - Commission of other
c
crime. c
9A.56.400 Theft from a vulnerable adult in the first degree - Theft from a 0
vulnerable adult in the second degree.
co
M
9A.56.410 Metal property deception.
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9A.58.010 Definitions.
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9A.58.020 Possessing, or reading or capturing, information contained on Ea
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another person's identification document - Exceptions. ;,
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9A.60.010 Definitions. E
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9A.60.020 Forgery. N
9A.60.030 Obtaining a signature by deception or duress.
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9A.60.040 Criminal impersonation in the first degree. c
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9A.60.045 Criminal impersonation in the second degree. 06
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9A.60.050 False certification. ci
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9A.60.060 Fraudulent creation or revocation of a mental health advance c
N
directive.
N
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9A.60.070 False academic credentials - Unlawful issuance or use - M
N
Definitions - Penalties. N
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9A.60.080 Impersonating a census taker.
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9A.61.010 Definitions.
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9A.61.020 Defrauding a public utility. 0
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9A.61.040 Defrauding a public utility in the second degree. E
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9A.61.050 Defrauding a public utility in the third degree. Y
9A.61.060 Restitution and costs. r
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9A.64.010 Bigamy. �°,
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9A.64.020 Incest.
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9A.64.030 Child selling - Child buying.
9A.68.020 Requesting unlawful compensation. L)
9A.68.030 Receiving or granting unlawful compensation.
9A.68.040 Trading in public office. E
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9A.68.050 Trading in special influence.
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9A.72.010 Definitions. c
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9A.72.030 Perjury in the second degree. 0
9A.72.040 False swearing.
00
9A.72.050 Perjury and false swearing - Inconsistent statements - Degree M
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of crime.
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9A.72.060 Perjury and false swearing - Retraction. Ea
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9A.72.070 Perjury and false swearing - Irregularities no defense. ;,
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9A.72.080 Statement of what one does not know to be true. E
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te an unswern statement.
9A.72.120 Tampering with a witness. c
N
9A.72.140 Jury tampering. 06
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9A.72.150 Tampering with physical evidence. U
N
9A.76.010 Definitions. c
N
9A.76.023 Disarming a law enforcement or corrections officer. N
0
9A.76.025 Disarming a law enforcement or corrections officer - M
N
Commission of another crime. N
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9A.76.027 Law enforcement or corrections officer engaged in criminal
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conduct.
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9A.76.030 Refusing to summon aid for a peace officer. 0
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9A.76.040 Resisting arrest. E
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9A.76.050 Rendering criminal assistance - Definition of term. Y
9A.76.060 Relative defined. r
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9A.76.070 Rendering criminal assistance in the first degree. �°,
0
9A.76.080 Rendering criminal assistance in the second degree. °'
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9A.76.090 Rendering criminal assistance in the third degree. 0
9A.76.100 Compounding.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree. E
a
9A.76.170 Bail jumping.
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9A.76.175 Making a false or misleading statement to a public servant. c
9A.76.177 Amber alert - Making a false or misleading statement to a 0
public servant.
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9A.76.190 Failure to appear or surrender - Affirmative defense - Penalty. M
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9A.76.200 Harming a police dog, accelerant detection dog, or police horse r-
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- Penalty. Ea
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9A.80.010 Official misconduct. ;,
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9A.82.010 Definitions. E
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9A.82.045 Collection of unlawful debt.
M
9A.82.055 Trafficking in stolen property in the second degree. �
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9A.82.070 Influencing outcome of sporting event. c
N
9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise 06
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or realty - Conspiracy or attempt. ci
N
9A.82.100 Remedies and procedures. N
9A.82.120 Criminal profiteering lien - Authority, procedures. N
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9A.82.130 Criminal profiteering lien - Trustee of real property. M
N
9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion N
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of procedures or lien.
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9A.82.170 Financial institution records - Inspection and copying -
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Wrongful disclosure. 0
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9A.84.010 Criminal mischief. E
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9A.84.020 Failure to disperse. Y
9A.84.040 False reporting. r
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9A.86.010 Disclosing intimate images. �°,
0
9A.88.010 Indecent exposure.
L
9A.88.030 Prostitution.
9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative L)
c
defense.
9A.88.050 Prostitution - Sex of parties immaterial - No defense. E
a
9A.88.060 Promoting prostitution - Definitions.
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9A.88.080 Promoting prostitution in the second degree. c
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9A.88.085 Promoting travel for prostitution. 0
9A.88.090 Permitting prostitution.
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9A.88.110 Patronizing a prostitute. M
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9A.88.120 Additional fee assessments.
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9A.88.130 Additional requirements. Ea
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9A.88.140 Vehicle impoundment - Fees - Fines. ;,
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9A.88.150 Seizure and forfeiture. E
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9A.90.030 Definitions.
9A.90.040 Computer trespass in the first degree.
M
9A.90.050 Computer trespass in the second degree. c
N
9A.90.060 Electronic data service interference. 06
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9A.90.070 Spoofing. ci
N
9A.90.080 Electronic data tampering in the first degree. N
9A.90.090 Electronic data tampering in the second degree. N
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9A.90.100 Electronic data theft. M
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9A.90.110 Commission of other crime. N
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9A.90.120 Cyber harassment.
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SECTION 6. - Amendment - Section 9.02.080. Section 9.02.080 of Y
the Kent City Code, entitled "RCW Title 10, entitled "Criminal Procedure" - r
Adoption by reference," is amended as follows: N
0
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Sec. 9.02.080. RCW Title 10, entitled ""Criminal Procedure" -
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Adoption by reference. The following RCW sections, as currently enacted L)
or as hereafter amended or recodified from time to time, are hereby adopted
by reference and shall be given the same force and effect as if set forth E
a
herein in full:
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RCW O
10.01.070 GeFPei=atiens Entities - Amenable to criminal process - How.
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10.01.090 Gei=peFatiens Entities - Judgment against.
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10.01.100 Entities - Fines_ in Reu--eater
pun c
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10.01.180 Fine or costs - Default in payment - Contempt of court - —
Enforcement, collection procedures. E
10.14.120Dosebedmenee ef eFdeF —Penalties N
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10.21.015 Pretrial release program. �
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10.21.030 Conditions of release - Judicial officer may amend order. U
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10.21.045 Conditions of release - Drugs and intoxicating liquors - Testing. N
10.21.050 Conditions of release - Judicial officer to consider available N
0
information. N
M
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10.31.030 Service - How - Warrant not in possession, procedure - Bail. N
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10.31.040 Officer may break and enter.
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10.31.060 Arrest by telegraph or teletype. 0
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10.31.100 Arrest without warrant. E
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10.31.110 Alternatives to aArrest - Individuals with mental disorders or Y
substance use disorders. r
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10.66.010 Definitions. °
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10.66.020 When order may be issued. °'
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10.66.040 Ex parte temporary order - Hearing - Notice. 0
10.66.050 Additional relief - PADT area.
10.66.090 Penalties.
10.66.100 Additional penalties. E
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10.66.110 Jurisdiction.
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10.66.120 Venue. c
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10.79.040 Search without warrant unlawful - Penalty. 0
10.88.290 Rights of person arrested.
CO
10.88.300 Delivery of person in violation of RCW 10.88.290 - Penalty. M
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10.99.010 Purpose - Intent.
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10.99.020 Definitions. Ea
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10.99.030 Peace officers - Powers and duties.Law enfeFee„Te„t efTieers
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10.99.040 Duties of court - No-contact order - Emergency orders. (n
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10.99.045 Appearances by defendant - Defendant's history - No-contact 0
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order. `"
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10.99.050 Victim contact - Restriction, prohibition - Violation, penalties - 06
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Written order - Procedures - Notice of change. ci
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10.99.055 Enforcement of orders. c
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10.99.060 Prosecutor's notice to victim - Description of available N
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procedures. M
N
10.99.070 Liability of peace officers. N
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10.99.080 Penalty assessment (as angena m d by�2915 e 27S) �
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10.99.090 Policy adoption and implementation.
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10.99.100 Sentencing - Factors - Defendant's criminal history. °
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10.99.901 Construction - Chapter applicable to state registered domestic Y
partnerships - 2009 c 521. r
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SECTION 7. - Amendment - Section 9.02.100. Section 9.02.100 of
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the Kent City Code, entitled "RCW Title 16, entitled "Animals and Livestock" �
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- Adoption by reference," is amended as follows:
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Sec. 9.02.100. RCW Title 16, entitled ""Animals and Livestock"
c
- Adoption by reference. The following RCW sections, as currently c
enacted or as hereafter amended or recodified from time to time, are hereby 0
adopted by reference and shall be given the same force and effect as if set
00
M
forth herein in full:
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RCW
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16.08.100 Dangerous dogs - Confiscation - Conditions - Duties of animal -
control authority - Penalties and affirmative defenses for E
owners of dogs that attack_ in
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16.36.116 Civil infraction - Live nonambulatory livestock - Monetary
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penalty - Authorization by director - Issuance of notices - o
N
Enforcement. 06
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16.52.011 Definitions - Principles of liability. U
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16.52.015 Enforcement - Law enforcement agencies and animal care and N
control agencies. N
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16.52.080 Transporting or confining in unsafe manner - Penalty. M
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16.52.085 Seizure of animal for abuse or neglect - Process - Notice - N
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Forfeiture of animal - Petition for a civil hearing for the
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immediate return of a seized animal.Rengeval of ar*n9als-Tar
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16.52.090 Docking horses - Misdemeanor. E
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16.52.095 Certain veterinary proceduresutting ears - Misdemeanor. Y
16.52.100 Confinement without food and water - Intervention by others. r
16.52.117 Animal fighting - Prohibited behavior - Penalty - �0
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Exceptions. °'
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16.52.180 Limitations on application of chapter.
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16.52.185 Exclusions from chapter.
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16.52.190 Poisoning animals - Penalty.
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16.52.193 Poisoning animals - Strychnine sales - Records - Report on E
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suspected purchases.
16.52.200 Sentences - Forfeiture of animals - Liability for costs -Penalty c
- Education, counseling. 0
16.52.205 Animal cruelty in the first degree.
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16.52.207 Animal cruelty in the second degree - Penalty.
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16.52.210 Destruction of animal by law enforcement officer - Immunity
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from liability.
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16.52.225 Nonambulatory livestock - Transporting or accepting delivery -
- Gross misdemeanor - Definition. E
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16.52.300 Dogs or cats used as bait - Seizure - Limitation. in
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16.52.305 Unlawful use of hook - Gross misdemeanor. �
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16.52.310 Dog breeding - Limit on the number of dogs - Required o
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conditions - Penalty Lingitatien of s~~ti~~ - Definitions. '!
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16.52.320 Maliciously killing or causing substantial bodily harm to L)
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livestock belonging to another - Penalty. N
16.52.330 Veterinarians - Animal cruelty - Liability immunity. N
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16.52.340 Leave or confine any animal in unattended motor vehicle or M
N
enclosed space - Class 2 civil infraction - Officers' authority to N
as
reasonably remove animal.
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16.52.350 Dog tethering - Penalties.
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16.52.360 Retail pet store - Sale of dog or cat - Penalty. 0
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16.57.010 Definitions. E
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16.57.120 Removal or alteration of brand - Penalty. Y
16.57.260 Removal of cattle or horses from state - Inspection certificate r
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required. C%4
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16.57.267 Failure to present animal for inspection.
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16.57.270 Unlawful to refuse assistance in establishing identity and
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ownership of livestock.
16.57.280 Possession of cattle or horse marked with another's brand -
Penalty. E
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16.57.405 Microchip in a horse - Removal with intent to defraud - Gross
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misdemeanor. c
16.57.440 Unlawful transport or delivery of cattle or horses. O
16.58.170 General penalties - Subsequent offenses.
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16.65.440 Penalty. M
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16.70.050 Violations - Penalty.
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SECTIONS. - Amendment - Section 9.02.120. Section 9.02.120 of ;,
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the Kent City Code, entitled "RCW Title 19, entitled "Business Regulations - E
Miscellaneous" - Adoption by reference," is amended as follows:
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Sec. 9.02.120. RCW Title 19, entitled "Business Regulations - c
N
Miscellaneous" - Adoption by reference. The following RCW sections, 06
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as currently enacted or as hereafter amended or recodified from time to ci
N
time, are hereby adopted by reference and shall be given the same force N
and effect as if set forth herein in full: N
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RCW N
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19.06.010 Labels - Contents - Requirements - Prohibited acts.
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19.06.030 Advertising limitations.
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19.06.040 Penalty. 0
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19.25.010 Definitions. E
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19.25.020 Reproduction of sound without consent of owner unlawful - Y
Fine and penalty. r
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19.25.030 Use of recording of live performance without consent of owner N
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unlawful - Fine and penalty.
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19.25.040 Failure to disclose origin of certain recordings unlawful - Fine
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and penalty.
19.25.050 Contraband recordings - Disposition, forfeiture, penalty.
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19.25.100 Truth in music advertising. E
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19.25.800 Chapter not applicable to broadcast by commercial or
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educational radio or television. c
19.25.810 Chapter not applicable to certain nonrecorded broadcast use. 0
19.25.820 Chapter not applicable to defined public record.
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19.27A.080 Definitions. M
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19.27A.090 Portable oil-fueled heaters - Sales and use - Approval required.
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19.27A.100 Portable oil-fueled heaters - Requirements for approval. Ea
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19.27A.110 Portable oil-fueled heaters - Jurisdiction over approval - Sale ;,
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and use governed exclusively. E
19.27A.120 Violations - Penalty. cn
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19.48.010 Definitions.
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19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., c
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accommodations by fraud - Penalty. 06
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19.60.010 Definitions. ci
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19.60.025 Duty to record information - Precious metal property. CM
19.60.042 Report to chief law enforcement officer - Precious metal N
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dealers. N
M
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19.60.057 Retention of precious metal property - Inspection. N
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19.60.066 Prohibited acts - Penalty.
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19.60.067 Secondhand precious metal dealers - Prohibited acts - Penalty.
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19.60.077 Precious metal dealers - Licensure required. 0
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19.60.085 Exemptions.
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19.60.095 Precious metal sales - Hosted home parties. Y
19.68.010 Rebating prohibited - Disclosure - List of alternative facilities.
4-
19.76.100 Labels on bottles, etc. - Filing - Publication. N
0
19.76.110 Refilling bottles, etc. - Forbidden. can
2
19.76.120 Refilling bottles, etc. - Possession as evidence. 0
19.76.130 Refilling bottles, etc. - Penalty. L)
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19.83.010 License required to use or furnish trading stamps, coupons, or
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similar devices. E
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19.83.020 Issuance of license - Fee.
19.83.030 Furnishing or selling trading stamps, coupons, or similar c
devices geographically limited. 0
19.83.040 Coupons or similar devices - Exemptions.
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19.83.050 Penalty.
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19.84.010 Redeemable cash value to be printed on face.
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19.84.020 Must redeem at cash value. E
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19.84.030 Distributor liable. -
19.84.040 Criminal penalty. E
19.192.010 Identification cards - Distinguishing official and not official in
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proofs of identification - Penalties.
M
19.194.010 Recordkeeping by retail establishments - Contents - N
N
Inspection - Definitions. 06
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19.194.030 Prohibited acts - Gross misdemeanor. U
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19.194.040 Application. N
19.210.010 Definitions. N
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19.210.020 Prohibited sales. M
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19.210.030 Chapter not applicable - Trade show, certain persons. N
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19.210.040 Penalties.
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19.235.010 Motion picture - Unauthorized recording - Penalty.
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19.290.010 Definitions. 0
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19.290.020 Private metal property or 44nonferrous metal property - Y
Records required. r
19.290.030 Metal property and metallic wire - Requirements for CN
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transactions. °'
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19.290.040 Scrap metal businesses - Record of commercial accounts.
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19.290.050 Reports to law enforcement - Records exempt from public L)
a�
disclosure - Private civil liability.
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19.290.090 Exemptions from chapter.
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19.290.100 Scrap metal license - Penalties. c
19.290.110 Scrap metal license - Application, renewal - Required 0
information.
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19.290.120 Scrap metal license application - Department of licensing to
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issue license - Display of certificate.
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19.290.230 Seizure and forfeiture.
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SECTION 9. - Amendment - Section 9.02.150. Section 9.02.150 of E
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the Kent City Code, entitled "RCW Title 26, entitled "Domestic Relations" - in
Adoption by reference," is amended as follows:
M
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Sec. 9.02.150. RCW Title 26, entitled "Domestic Relations" - '!
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Adoption by reference. The following RCW sections, as currently enacted U
N
or as hereafter amended or recodified from time to time, are hereby adopted N
by reference and shall be given the same force and effect as if set forth N
0
herein in full: M
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RCW
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26.04.110 Penalty for failure to deliver certificates.
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26.04.200 Penalty for violations - 1939 c 204. 0
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26.04.210 Affidavits required for issuance of license - Penalties. E
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26.04.240 Penalty for unlawful solemnization - Code 1881. Y
26.04.250 Penalty for unlawful solemnization - 1909 c 249.
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26.09.300 Restraining orders - Notice - Refusal to comply - Arrest - CN
0
Penalty - Defense - Peace officers, immunity. can
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26.20.030 Family abandonment - Penalty - Exception.
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26.20.035 Family nonsupport - Penalty - Exception. L)
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26.20.071 Evidence - Spouse or domestic partner as witness.
26.20.080 Proof of willfulness - Application of penalty provisions. E
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26.26A.355 Confidentiality of genetic testing - Penalty.
26.26A.470 Proceeding to adjudicate parentage - Temporary child support c
orders, restraining orders, preliminary injunctions, domestic 0
violence protection orders, antiharassment protection orders,
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and other court orders - Preservation of support debt.
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26.26B.050 Restraining order - Knowing violation - Penalty - Law
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enforcement immunity.
0
26.28.060 Child labor - Penalty. -
26.28.070 Certain types of employment prohibited - Penalty. E
26.28.080 Selling or giving tobacco to minor - Belief of representative in
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capacity, no defense - Penalty.
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26.28.085 Applying tattoo to a minor - Penalty. c
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26.34.010 Compact enacted - Provisions. 06
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26.34.030 "Appropriate public authorities" defined. U
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26.34.040 "Appropriate authority of the receiving state" defined. N
26.34.070 "Executive head" defined - Compact administrator. N
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26.34.080 Violations - Penalty. M
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26.38.110 Prohibited custody transfer. N
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26.44.015 Limitations of chapter.
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26.44.020 Definitions.
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26.44.030 Reports - Duty and authority to make - Duty of receiving 0
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agency - Duty to notify - Case planning and consultation - E
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Penalty for unauthorized exchange of information - Filing Y
dependency petitions - Investigations - Interviews of children r
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- Records - Risk assessment process. �°,
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26.44.040 Reports - Oral, written - Contents. °'
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26.44.060 Immunity from civil or criminal liability - Confidential 0
communications not violated - Actions against state not U
affected - False report, penalty.
26.44.063 Temporary restraining order or preliminary injunction - E
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Enforcement - Notice of modification or termination of
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restraining order. c
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26.44.067 Temporary restraining order or preliminary injunction - 0
Contents - Notice - Noncompliance - Defense - Penalty.
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26.44.080 Violation - Penalty. M
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26.44.150 Temporary restraining order restricting visitation for persons
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accused of sexually or physically abusing a child - Penalty for Ea
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violating court order.
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26.52.010 Definitions.
26.52.020 Foreign protection orders - Validity.
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26.52.050 Peace officer immunity. c
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26.52.070 Violation of foreign orders - Penalties. 06
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SECTION 10. -Adoption - Section 9.02.175. A new section 9.02.175 N
of the Kent City Code, entitled "Chapter 2813.10 RCW, entitled "Colleges and N
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Universities Generally" - Adoption by reference," is hereby adopted as M
N
follows: N
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Sec. 9.02.175. Chapter 28B.10 RCW, entitled "Colleges and �
Universities Generally" - Adoption by reference. The following RCW 0
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sections, as currently enacted or as hereafter amended or recodified from
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36 Criminal Code Amendments -
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time to time, are hereby adopted by reference and shall be given the same Y
force and effect as if set forth herein in full: r
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RCW °'
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28B.10.900 "Hazing" defined. 0
28B.10.901 Hazing prohibited - Penalty
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SECTION 11. - Amendment - Section 9.02.180. Section 9.02.180 E
a
of the Kent City Code, entitled "Chapter 29A.84 RCW, entitled "Crimes and
c
penalties" - Adoption by reference," is amended as follows: c
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Sec. 9.02.180. Chapter 29A.84 RCW, entitled "Crimes and
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penalties" - Adoption by reference. The following RCW sections, as M
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currently enacted or as hereafter amended or recodified from time to time,
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are hereby adopted by reference and shall be given the same force and Ea
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effect as if set forth herein in full:
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RCW N
as
29A.84.020 Violations by officers.
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29A.84.030 Penalty. c
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29A.84.040 Political advertising, removing or defacing. 06
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29A.84.050 Tampering with registration form, ballot declaration. ci
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29A.84.110 Officials' violations. c
N
29A.84.120 Disenfranchisement or discrimination. N
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29A.84.130 Voter violations. M
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29A.84.140 Unqualified registration. 04
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29A.84.150 Misuse, alteration of registration database.
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29A.84.210 Violations by officers.
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29A.84.220 Violations - Corrupt practices - Recall petitions. 0
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29A.84.230 Violations by signers - Initiative, referendum petitions - Y
Penalty. r
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29A.84.240 Violations by signers, officers - Recall petitions - Penalty. N
0
29A.84.250 Violations - Corrupt practices - Initiative, referendum can
as
petitions. �-
CU
M
29A.84.261 Petitions - Improperly signing.
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29A.84.311 Candidacy declarations, nominating petitions.
29A.84.410 Unlawful appropriation, printing, or distribution. E
a
29A.84.420 Unauthorized examination of ballots, election materials -
c
Revealing information. c
29A.84.510 Acts prohibited +R near voting centers, student engagement 0
hubs, and ballot drop boxes. .
00
M
29A.84.520 Electioneering at voting center or ballot drop location by
a�
election officers forbidden.
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29A.84.530 Refusing to leave voting booth. E
0
29A.84.540 Ballots - Removing from voting center or ballot drop location. -
29A.84.545 Paper record from direct recording electronic voting device - E
Removing from voting center. in
a�
29A.84.550 Tampering with materials.
M
29A.84.560 Voting machines, devices - Tampering with - Extra keys. o
N
29A.84.610 Deceptive, incorrect vote recording - Misrepresentation as �
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official ballot drop box. U
N
29A.84.620 Hindering or bribing voter. N
29A.84.630 Influencing voter to withhold vote. N
0
29A.84.640 Solicitation of bribe by voter. M
N
29A.84.650 Repeaters. N
as
29A.84.655 Tabulation of invalid ballots.
a
29A.84.660 Unqualified persons voting.
a�
29A.84.680 Ballots - Violation. 0
0
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29A.84.711 Documents regarding nomination, election, candidacy - Frauds Y
and falsehoods. r
4-
29A.84.720 Officers - Violations generally. �°,
0
29A.84.730 Divulging ballot count. °'
a�
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SECTION 12. - Amendment - Section 9.02.260. Section 9.02.260
a�
of the Kent City Code, entitled "RCW Title 36, entitled "Counties" - Adoption
by reference," is amended as follows: E
a
Sec. 9.02.260. RCW Title 36, entitled ""Counties" - Adoption by c
a
reference. The following RCW sections, as currently enacted or as o
hereafter amended or recodified from time to time, are hereby adopted by
co
reference and shall be given the same force and effect as if set forth herein M
aD
in full:
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RCW
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36.13.070 County census authorized - Penalty. E
36.28.060 Duplicate receipts - Penalties.
36.29.060 Warrant calls Penalty for failure te call.
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J
M
36 210—invent6�6fc�t c-apitoIized assetsp�
N
nventery statement Filing and public inspectien Penalty 06
L
/ C
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N
36.40.240 Penalty. N
36.43.040 Penalty for violation of code or regulation. N
0
36.49.070 Penalty. M
N
36.58.020 Rules and regulations as to use - Penalty. N
a�
36.68.080 Penalty for violations of regulations.
a
36.69.180 Violation of rules - Penalty.
a�
36.71.060 Peddler's license - Penalty for peddling without license. 0
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36.71.070 Hawkers, auctioneers, and barterers must procure license - Y
Exceptions. r
4-
36.75.130 Approaches to county roads - Rules regarding construction - �0
0
Penalty.
L
36.75.270 Limitation of type or weight of vehicles authorized - Penalty. 0
36.75.290 General penalty. U
36.86.060 Restrictions on use of oil at intersections or entrances to county
roads. E
Q
36.95.190 Penalty for false statement as to tax exemption.
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SECTION 13. - Amendment - Section 9.02.490. Section 9.02.490 0
of the Kent City Code, entitled "RCW Title 66, entitled "Alcoholic Beverage
CO
Control" - Adoption by reference," is amended as follows: M
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Sec. 9.02.490. RCW Title 66, entitled "Alcoholic Beverage Ea
0
Control" - Adoption by reference. The following RCW sections, as ;,
L
currently enacted or as hereafter amended or recodified from time to time, E
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
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RCW °6
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66.04.010 Definitions. ci
N
66.08.130 Inspection of books and records - Goods possessed or shipped N
- Refusal as violation. N
CO
66.08.140 Inspection of books and records - Financial dealings - Penalty M
N
for refusal. N
a�
66.12.010 Wine or beer manufactured for home use.
66.16.090 Record ef individual purchases cenfidential Penalty fE)F
a �
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66.20.100 Physician may prescribe or administer liquor - Penalty. E
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40 Criminal Code Amendments -
2023 State Legislative Session E
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66.20.110 Dentist may administer liquor - Penalty. Y
66.20.120 Hospital, etc., may administer liquor - Penalty.
4-
66.20.200 Unlawful acts relating to identification or certification card - CN
0
Penalties. °'
L
66.20.340 Alcohol servers - Violation of rules - Penalties.
CU
66.24.380 Special occasion license - Fee - Penalty. L)
a�
66.24.481 Public place or club - License or permit required - Penalty.
66.28.090 Licensed premises or banquet permit premises open to E
a
inspection - Failure to allow, violation.
66.28.200 Keg registration - Special endorsement for grocery store c
licensee - Requirements of seller. 0
66.28.210 Keg registration - Requirements of purchaser.
00
M
66.28.220 Keg registration - Identification of containers - Rules - Fees -
a�
Sale in violation of rules unlawful.
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66.28.230 Keg registration - Furnishing to minors - Penalties.
0
66.44.010 Local officers to enforce law - Authority of board - Liquor -
enforcement officers. E
E
66.44.040 Sufficiency of description of offenses in complaints, in
a�
informations, process, etc.
M
66.44.060 Proof of unlawful sale establishes prima facie intent. o
N
66.44.070 Certified analysis is prima facie evidence of alcoholic content. �
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66.44.080 Service of process on corporation. U
N
66.44.090 Acting without license. N
66.44.100 Opening or consuming liquor in e-public place - Penalty. N
0
66.44.120 Unlawful use of seal. M
N
66.44.130 Sales of liquor by drink or bottle. N
as
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp
a
or seal - Unlawful operation, possession of still or mash.
a�
66.44.150 Buying liquor illegally. 0
0
66.44.160 Illegal possession, transportation of alcoholic beverages. E
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41 Criminal Code Amendments -
2023 State Legislative Session E
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Packet Pg. 311
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66.44.170 Illegal possession of liquor with intent to sell - Prima facie Y
evidence, what is. r
4-
66.44.175 Violations of law. �°,
0
66.44.180 General penalties - Jurisdiction for violations. °'
a�
66.44.200 Sales to persons apparently under the influence of liquor - 0
Purchases or consumption by persons apparently under the L)
influence of liquor on licensed premises - Penalty - Notice -
Separation of actions. E
a
66.44.210 Obtaining liquor for ineligible person.
c
66.44.270 Furnishing liquor to minors - Possession, use - Penalties - c
E
Exhibition of effects - Exceptions. 0
66.44.280 Minor applying for permit.
co
66.44.290 Minor purchasing or attempting to purchase liquor - Penalty. M
aD
66.44.292 Sales to minors by licensee or employee - Board notification to r_
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prosecuting attorney to formulate charges against minors. Ea
0
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding ;,
L
out minor as at least twenty-one, in public place where liquor E
sold.
M
66.44.310 Minors frequenting off-limits area - Misrepresentation of age - 0
M
Penalty - Classification of licensees. c
N
66.44.316 Certain persons eighteen years and over permitted to enter and 06
L
L
remain upon licensed premises during employment. ci
N
66.44.318 Employees or interns aged eighteen to twenty-one handling, N
transporting, and possessing N
Co
handling beer and wine - Wine production. M
N
66.44.325 Unlawful transfer to a minor of age identification. N
a�
66.44.328 Preparation or acquisition and supply to persons under age
a
twenty-one of facsimile of official identification card - Penalty.
a�
66.44.340 Employees eighteen years and over allowed to sell and handle 0
U
beer and wine for certain licensed employers. E
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42 Criminal Code Amendments -
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66.44.350 Employees eighteen years and over allowed to serve and carry Y
liquor, clean up, etc., for certain licensed employers. r
4-
66.44.365 Juvenile driving privileges - Alcohol or drug violations. �°,
0
66.44.370 Resisting or opposing officers in enforcement of title. °'
a�
66.44.380 Powdered alcohol. 0
U
SECTION 14. - Amendment - Section 9.02.510. Section 9.02.510
c
of the Kent City Code, entitled "RCW Title 68, entitled "Cemeteries, Morgues, E
a
and Human Remains" - Adoption by reference," is amended as follows:
c
Sec. 9.02.510. RCW Title 68, entitled ""Cemeteries, Morgues, 0
and Human Remains" - Adoption by reference. The following RCW
co
sections, as currently enacted or as hereafter amended or recodified from M
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time to time, are hereby adopted by reference and shall be given the same
c
force and effect as if set forth herein in full: Ea
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RCW E
E
68.05.115 Sale or transfer of cemetery authority or creation of a new N
cemetery - Penalty for noncompliance.
M
68.05.240 Interment, certificate of authority required - Penalty. c
N
68.05.330 Violation - Penalty - Unfair practice - Other laws applicable. 06
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L
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N
68.24.130 Sale for resale prohibited - Penalty. N
68.24.140 Commission on sales prohibited - Penalty. N
Co
68.24.150 Unlawful employment of others to dispose of human remains. M
N
68.24.190 Opening road through cemetery - Penalty. N
a�
68.28.060 Improper construction a nuisance - Penalty.
a
68.40.085 Representing fund as perpetual - Penalty.
a�
68.40.090 Penalty. 0
U
68.44.060 Unauthorized loans - Penalty. E
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43 Criminal Code Amendments -
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68.50.020 Notice to coroner or medical examiner - Penalty. Y
68.50.050 Removal or concealment of body - Penalty. r
4-
68.50.100 Dissection, when permitted - Autopsy of person under the age N
0
of three years.
L
68.50.108 Autopsies, postmortems - Consent to embalml--&F cremate 0.
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body or make final disposition- Time limitation.
68.50.120 Holding body for debt - Penalty.
68.50.130 Unlawful disposal of remains. E
a
68.50.140 Unlawful disturbance, removal, or sale of human remains -
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Penalty. c
68.50.185 Individual rfinal disposition - Exception - Penalty. 0
68.50.645 Skeletal human remains - Duty to notify - Ground disturbing
CO
activities - Coroner determination - Definitions. M
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68.56.010 Unlawful damage to graves, markers, shrubs, etc. - Interfering
c
with funeral. Ea
0
68.56.040 Nonconforming cemetery a nuisance - Penalty. ;,
L
68.56.050 Defendant liable for costs. E
E
68.60.040 Protection of cemeteries - Penalties.
68.60.050 Protection of historic graves - Penalty.
M
68.60.055 Skeletal human remains - Duty to notify - Ground disturbing c
N
activities - Coroner determination - Definitions. 06
L
L
68.64.150 Illegal purchases or sales - Felony. ci
N
68.64.160 Illegal financial gain - Altering a document, amendment, or N
revocation of gift - Felony. N
0
N
M
N
SECTION 15. - Amendment - Section 9.02.520. Section 9.02.520 N
a�
of the Kent City Code, entitled "RCW Title 69, entitled "Food, Drugs,
a
Cosmetics, and Poisons" - Adoption by reference," is amended as follows:
a�
0
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44 Criminal Code Amendments -
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Sec. 9.02.520. RCW Title 69, entitled "'Food, Drugs, Cosmetics, Y
and Poisons" - Adoption by reference. The following RCW sections, as r
4-
currently enacted or as hereafter amended or recodified from time to time, N
0
are hereby adopted by reference and shall be given the same force and °'
a�
effect as if set forth herein in full: 0
U
c
RCW
c
69.04.040 Prohibited acts. E
Q
69.04.060 Criminal penalty for violations.
c
69.04.070 Additional penalty. c
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0
M
Exceptiens Penalty.
CO
M
d
caught Exceptions Penalty.
69.94.938 Misbr-anding ef feed fish er shellfish Penalties. Ea
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fC
C
0
69.06.060 Penalty.
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69.07.150 Violations - Penalties. E
E
69.22.090 Penalties.
69.25.150 Penalties - Liability of employer - Defense.
M
69.28.185 Penalty. c
N
69.30.140 Penalties. 06
L
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69.36.060 Penalty. U
N
69.38.040 Inspection of poison register - Penalty for failure to maintain N
register. N
0
69.38.050 False representation - Penalty. M
N
69.38.060 Manufacturers and sellers of poisons - License required - N
a�
Penalty.
a
69.40.055 Selling repackaged poison without labeling - Penalty.
a�
69.41.010 Definitions. 0
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45 Criminal Code Amendments -
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69.41.030 Sale, delivery, er—possession, or use of legend drug without Y
prescription or order prohibited - Exceptions - Penalty=
4-
Referral to assessment and services. °
N
O
69.41.050 Labeling requirements - Penalty. °'
L
2
69.41.060 Search and seizure.
69.41.072 Violations of cEhapter 69.50 RCW not to be charged under L)
a�
;chapter 69.41 RCW - Exception.
c
69.41.170 Coercion of pharmacist prohibited - Penalty. E
a
69.41.320 Practitioners - Restricted use - Medical records.
c
69.41.350 Penalties.
69.43.010 Report to pharmacy quality assurance commission - List of 0
substances - Modification of list - Identification of purchasers
00
M
- Report of transactions - Penalties.
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69.43.020 Receipt of substance from source outside state - Report -
c
Penalty.
0
69.43.030 Exemptions. -
69.43.035 Suspicious transactions - Report - Penalty. E
69.43.040 Reporting form. in
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69.43.043 Recordkeeping requirements - Penalty.
M
69.43.048 Reporting and recordkeeping requirements - Submission of o
N
computer readable data, copies of federal reports. �
L
L
69.43.080 False statement in report or record - Class C felony. U
N
69.43.090 Permit to sell, transfer, furnish, or receive substance - N
Exemptions - Application for permit - Fee - Renewal - Penalty. N
0
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales N
M
N
restrictions - Record of transaction - Exceptions - Penalty. N
a�
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
a
restrictions - Electronic sales tracking system - Penalty.
a�
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine - 0
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Possession of more than fifteen grams - Penalty - Exceptions. E
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46 Criminal Code Amendments -
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Packet Pg. 316
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69.43.130 Exemptions - Pediatric products - Products exempted by the Y
pharmacy quality assurance commission. r
4-
69.43.135 Iodine, methylsulfonylmethane - Sales restrictions - Recording N
0
of transactions - Penalties.
L
69.50.101 Definitions. 0
69.50.102 Drug paraphernalia - Definitions. L)
69.50.202 Nomenclature.
69.50.204 Schedule I. E
a
69.50.206 Schedule II.
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69.50.208 Schedule III. c
�a
69.50.210 Schedule IV. 0
69.50.212 Schedule V.
CO
69.50.315 Medical assistance - Drug-related overdose - Prosecution for M
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possession.
c
69.50.401 Prohibited acts: A - Penalties. Ea
0
69.50.4011 Counterfeit substances - Penalties - Referral to assessment ;,
L
and services. E
E
69.50.4012 Delivery of substance in lieu of controlled substance - Penalty.
69.50.4013 Possession of controlled substance - Penalty - Possession of
M
useable anacannabis, cannabis concentrates, o
N
or marijuanacannabis-infused products - Delivery. 06
L
L
69.50.4014 Possession of forty grams or less of cannabis - ci
N
Penalty - Referral to assessment and services. N
69.50.4015 Involving a person under eighteen in unlawful controlled N
0
substance transaction - Penalty. M
N
69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. N
a�
69.50.4017 Alternatives to prosecution - Pretrial diversion.
a
69.50.4018 Sentencing considerations.
a�
69.50.402 Prohibited acts: B - Penalties. 0
U
69.50.403 Prohibited acts: C - Penalties. E
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47 Criminal Code Amendments -
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Packet Pg. 317
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69.50.404 Penalties under other laws. Y
69.50.405 Bar to prosecution. r
4-
69.50.407 Conspiracy. �°,
0
69.50.408 Second or subsequent offenses. °'
a�
69.50.410 Prohibited acts: D - Penalties.
69.50.412 Prohibited acts: E - Penalties. L)
69.50.4121 Drug paraphernalia - Selling or giving - Penalty.
c
69.50.416 Counterfeit substances prohibited - Penalties. E
a
69.50.418 Tableting and encapsulating machines prohibited - Penalties.
c
69.50.420 Violations - Juvenile driving privileges. c
�a
69.50.435 Violations committed in or on certain public places or facilities 0
- Additional penalty - Defenses - Construction - Definitions.
co
M
69.50.445 Opening package of or consuming cannabis, useable
a�
cannabis, —a-ijtranacannabis-infused products, or
c
cannabis concentrates in view of general public or a
0
public place - Penalty. ;,
L
69.50.450 Butane or other explosive gases. E
69.50.465 Conducting or maintaining cannabis club - Penalty.
69.50.475 Marijuana Cannabis retail outlets - Sale to persons under the
M
age of twenty-one - Penalty. c
N
69.50.505 Seizure and forfeiture. 06
L
L
69.50.506 Burden of proof; liabilities. U
N
69.50.509 Search and seizure of controlled substances. c
N
69.50.510 Search and seizure at rental premises - Notification of landlord. N
0
69.50.560 Controlled purchase programs - Persons under age twenty-one M
N
- Violation - Criminal penalty - Exceptions. N
a�
69.51A.005 Purpose and intent.
a
69.51A.010 Definitions.
a�
69.51A.030 Acts not constituting crimes or unprofessional conduct - Health 0
U
care professionals not subject to penalties or liabilities. E
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48 Criminal Code Amendments -
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69.51A.040 Compliance with chapter - Qualifying patients and designated Y
providers not subject to penalties - Law enforcement not r
4-
subject to liability. �°,
0
of
L
69.51A.045 Possession of plants, mar+}uana cannabis concentrates, useable
cannabis, or cannabis-infused products L)
exceeding lawful amount - Affirmative defense.
69.51A.050 Medical anacannabis, lawful possession - State not E
a
liable.
69.51A.055 Limitations of chapter - Persons under supervision. c
E
69.51A.060 Crimes - Limitations of chapter. 0
M
69.51A.085 Collective gardens.
CO
M
69.51A.130 State and municipalities - Not subject to liability.
a�
69.51A.210 Qualifying patients or designated providers - Authorization -
c
Health care professional may include recommendations on Ea
0
amount of cannabis. ;,
L
69.51A.240 Unlawful actions - Criminal penalty. E
69.51A.260 Housing unit - No more than fifteen plants may be grown or N
located - Exception - Civil penalties.
M
69.52.010 Legislative findings. c
N
69.52.020 Definitions. 06
L
69.52.030 Violations - Exceptions. U
N
69.52.040 Seizure of contraband. c
N
69.52.045 Seizure at rental premises - Notification of landlord. N
CO
69.52.070 Violations - Juvenile driving privileges. M
N
69.53.010 Unlawful use of building for drug purposes - Liability of owner N
a�
or manager - Penalty.
a
69.53.020 Unlawful fortification of building for drug purposes - Penalty.
a�
69.53.030 Unlawful use of fortified building - Penalty. 0
U
69.55.010 Theft of ammonia. E
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49 Criminal Code Amendments -
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69.55.020 Unlawful storage of ammonia. Y
69.55.030 Damages - Liability.
4-
69.75.010 Definitions. °
N
O
69.75.020 Retail sales - Proof of age from purchaser - Unlawful acts, can
a�
exceptions - Penalties.
69.75.040 Construction of chapter. L)
a�
c
69.75.050 Preemption.
69.90.010 Definitions. E
a
69.90.020 Sale of "kosher" and "kosher style" food products prohibited if �
not kosher - Representations - Penalty.
L
O
SECTION 16. - Amendment - Section 9.02.710. Section 9.02.710
00
M
of the Kent City Code, entitled "Public facility - Illegal activity - Exclusion,"
a�
is amended as follows:
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0
Sec. 9.02.710. Public facility - Illegal activity - Exclusion. -
A. The city council finds that, from time to time, the right of the general E
public to enjoy public facilities provided by the city is infringed upon by in
a�
persons who engage in disruptive, unsafe, or otherwise prohibited activity
M
at the public facilities. This behavior is often engaged in by a comparatively o
N
small number of repeat offenders. The city council further finds that the right �
L
L
of persons who engage in such activities to remain at or frequent public L)
N
facilities is outweighed by the right of law-abiding citizens to use such N
facilities without the interference or fear of the illegal activity of others. N
0
N
M
N
B. Whenever a police officer has probable cause to believe that a person N
a�
has committed any act set forth in subsection (F) of this section on or at any
a
public facility as described in subsection (G) of this section, the officer may,
a�
by written order, exclude that person from entering the public facility where 0
tU
the act was committed; provided, further, that if the public facility where E
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50 Criminal Code Amendments -
2023 State Legislative Session E
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Packet Pg. 320
8.F.a
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the act was committed is part of a public facility assemblage as described in Y
subsection (H) of this section, the officer may, by written order, exclude that r
4-
person from entering all public facilities within that assemblage. �°,
0
of
L
C. If the offender: Q.
CU
1. Has not been issued an exclusion notice within one year prior L)
to the violation or the current violation is not a felony violation, a weapon
violation, or a violation involving an act of violence or threat of violence, E
a
then the officer may exclude the offender from the public facility or public
c
facility assemblage in which the current violation occurred for a period of 45 c
�a
days from the date of the exclusion notice. 0
2. Has been issued an exclusion notice within the one year prior
CO
to the current violation or the current violation is a felony violation, a weapon M
aD
violation, or a violation involving an act of violence or threat of violence,
c
then the officer may exclude the offender from the public facility or public Ea
0
facility assemblage in which the current violation occurred for a period of 90 ;,
L
days from the date of the exclusion notice. E
3. Has been issued two or more exclusion notices from the same
0)
public facility or public facility assemblage in which the current violation has �
M
occurred within the one year prior to the current violation, then the officer c
N
may exclude the offender from the public facility or public facility 06
L
L
assemblage in which the current violation occurred for a period of 364 days U
N
from the date of the exclusion notice. o
N
4. Has been issued two or more exclusion notices within the one N
CO
year prior to the current violation and, in combination, the current violation M
N
and those prior violations did not occur at the same public facility or within N
a�
the same public facility assemblage, or if the offender has been issued one
a
exclusion notice based on a felony violation, a weapon violation, or a
a�
violation involving an act of violence or threat of violence within the one year 0
U
prior to the current violation, then the officer may exclude the offender from
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51 Criminal Code Amendments -
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Packet Pg. 321
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all public facilities for a period of 364 days from the date of the exclusion Y
notice. r
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0
N
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D. The exclusion notice shall be in writing and shall contain the date of 0)
a�
issuance, shall specify the duration and location of exclusion, and shall be 0
signed by the issuing officer. A warning of the consequences for failure to L)
comply with the exclusion notice, as well as procedures for seeking review
of the exclusion, shall be contained within the exclusion notice. E
a
E. The person subject to the exclusion notice shall have the right to a c
�a
hearing to seek the modification or rescission of the exclusion. For the 0
purposes of exclusion modification or rescission hearings, the city's hearing
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officer shall be the city of Kent's director of parks, recreation, and M
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community services or his/her designee, or the person acting in the position
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of the director or designee in his/her absence. Ea
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1. A request for hearing shall be in writing and shall be
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accompanied by a copy of the exclusion notice for which the hearing is E
sought. The request shall contain the address of the offender, and it shall (n
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be the responsibility of the offender to notify the hearing officer of any �
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change of address. The hearing shall occur and a decision be rendered within c
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10 business days after the city's hearing officer receives the request for 06
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hearing. Notice of the hearing shall be effective upon the third business day ci
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after placement of the notice in the mail to the address provided by the N
offender. N
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2. The parties to the hearing shall be the city and the offender. At M
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the hearing, the violation that forms the basis for the exclusion notice must N
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be proved by a preponderance of the evidence in order to uphold the
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exclusion. The offender need not be charged with a crime or civil infraction
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in a court of law, and need not be convicted or found to have committed the 0
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alleged violation in a court of law for the exclusion to be upheld. The city's
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hearing officer shall consider the exclusion notice and a sworn report or a Y
declaration made under penalty of perjury as authorized by RCW r
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9A.72.01085, written by the police officer who issued the exclusion notice, �0
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without further evidentiary foundation. Both the city and the offender may °'
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submit physical or written evidence, or call witnesses to testify. The city's Q.
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hearing officer may consider information and evidence that would not be L)
admissible in a court of law under the evidence rules but which the hearing
officer considers relevant and trustworthy. Each party shall be responsible E
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for securing the attendance of any witnesses it intends to call to testify.
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3. If the violation is proved, the exclusion notice shall be upheld; c
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however, upon good cause shown, the city's hearing officer may shorten the 0
duration of the exclusion. If the violation is not proved by a preponderance
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of the evidence the city's hearing officer shall rescind the exclusion. If an M
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exclusion is rescinded, it shall not be considered a prior exclusion for the
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purposes of subsection (C) of this section. Ea
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4. The decision of the city's hearing officer is final. An offender
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seeking judicial review of a decision of the city's hearing officer shall file an E
appeal or an application for a writ of review in the King County superior court
within 14 days of the date of the decision.
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5. The exclusion shall remain effective during the pendency of any c
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administrative or judicial proceeding. 06
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6. The determination of the city's hearing officer shall not have ci
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any collateral estoppel effect on a subsequent criminal prosecution or civil N
proceeding and shall not preclude litigation of those same facts in a N
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subsequent criminal prosecution or civil proceeding. M
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F. An act which may result in the issuance of a written order excluding
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a person from a public facility or public facility assemblage may consist of
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any of the following when committed on or at a public facility: 0
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1. Any act that qualifies as a felony crime;
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53 Criminal Code Amendments -
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2. Any act that qualifies as a gross misdemeanor or misdemeanor Y
crime, excluding all traffic offenses except for violations of RCW 46.61.500,
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46.61.502, 46.61.503, 46.61.504, and 46.61.525; �0
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3. Any act that qualifies as a violation of RCW 66.44.100 or can
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4. Any act that qualifies as a violation of: L)
a. KCC 4.01.020 Same - Damaging property. a
b. KCC 4.01.030 Same - Animals. E
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C. KCC 4.01.040 Same - Discharging weapons, fireworks.
d. KCC 4.01.080 Prohibited activities - Speed limits, c
vehicles, and horses. 0
e. KCC 4.01.100 Same - Littering.
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f. KCC 4.01.120 Same - Fires.
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g. KCC 4.01.130 Same - Alcoholic beverages.
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h. KCC 4.01.135 Smoking, vaping, or tobacco use in parks
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prohibited. -
i#. KCC 4.01.140 Same - Golf. E
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kJ. KCC 4.01.160 Hours.
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I-k. KCC 4.01.190 Sales of refreshments. N
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mt. KCC 4.01.210 Traffic regulations. Cd
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5. Any act that qualifies as a violation of KCC 9.02.840, Urinating U
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in public. N
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G. For the purpose of this section, a public facility consists of the M
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buildings, structures, and equipment, and the adjoining grounds, N
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appurtenances, and parking areas of any of the following when located
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within the city of Kent:
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1. Any building maintained or operated by the city of Kent, King 0
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County, or the state of Washington. E
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2. Any park maintained by the city of Kent, King County, or the Y
state of Washington.
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3. Any recreational area maintained by the city of Kent, King N
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County, or the state of Washington, including but not limited to any can
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skateboard park, the Kent Commons, the Kent Senior Activity Center, the Q.
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Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, L)
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the Green River Natural Resources Area, and the Interurban Trail.
4. The city's ShoWare Center, located at 625 W. James Street. E
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5. The bodies of water known as Lake Meridian and Lake Fenwick
and associated boat ramps and areas of ingress and egress. c
6. Any public school maintained by the city of Kent, the Kent 0
School District, King County, or the state of Washington.
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7. The watershed areas owned and operated by the city of Kent,
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including Armstrong Springs, Clark Springs, and Kent Springs.
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8. Any public library or pool maintained by the city of Kent, King
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County, or the state of Washington. -
H. For the purpose of this section, a public facility assemblage consists E
of a group of public facilities so related to one another geographically that in
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exclusion from one public facility within the group would be ineffective
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without exclusion from the other or others in the same group. A violation o
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occurring at any public facility within a public facility assemblage shall be �
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deemed to have occurred within the public facility assemblage. Public facility U
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assemblages include the following: N
1. Downtown public facility assemblage, consisting of Town N
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Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park, M
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Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park, N
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Uplands Playfield, and the Kent Library.
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I. The violation of an exclusion notice is a misdemeanor. 0
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SECTION 17. - Severability. If any one or more section, subsection, Y
or sentence of this ordinance is held to be unconstitutional or invalid, such r
decision shall not affect the validity of the remaining portion of this ordinance N
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and the same shall remain in full force and effect. can
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SECTION 18. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 19. - Effective Date. This ordinance shall take effect and
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be in force thirty days from and after its passage, as provided by law. M
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January 16, 2024
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BILL BOYCE, MAYOR PRO TEM Date Approved —,
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ATTEST: in
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January 16, 2024 N
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Cd
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January 19, 2024 L)
Date Published N
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APPROVED AS TO FORM: N
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TAMMY WHITE, CITY ATTORNEY a
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8.G
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Appointment to the Civil Services Commission - Approve
MOTION: I move to confirm the Mayor's appointment of Charlie Mitchell to
an initial six-year term on the Civil Service Commission that will begin on
May 1, 2024 and expire on April 30, 2030.
SUMMARY: The Civil Service Commission ("Commission") adopts and enforces
rules and regulations for personnel matters pertaining to all full-time employees of
the police department and is composed of three members who are appointed by the
Mayor and confirmed by the Council.
In March 2023, Commissioner Jeff Piecewicz resigned from the Commission and,
after a recruitment process, Charlie Mitchell was appointed by the Mayor and
confirmed by the City Council to fill the vacancy. Mitchell wishes to continue serving
on the Commission, so a formal recruitment process for this appointment was not
required. Because Mitchell was originally appointed to fill former Commissioner
Piecewicz's unexpired term, Mitchell is eligible to serve two full terms. This initial
first term will commence on May 1, 2024 and expire on April 30, 2030.
When asked if he would consider continuing his service on the commission, Mitchell
was quick to agree. Mitchell is a long time Kent resident who also teaches in the
Kent School District. He currently serves as a Civil Service Commissioner for the
Puget Sound Regional Fire Authority and has a solid understanding of the rules and
responsibilities of being a Commissioner. His continued participation on the
Commission will greatly benefit the City of Kent.
Members of the Commission must be citizens of the United States, have been a
resident of Kent for three years prior to appointment, be electors of King County,
and no more than two members may be adherents of the same political party. Staff
has confirmed that Mitchell satisfies all criteria.
I am pleased to recommend the appointment of Charlie Mitchell to the Civil Service
Commission for an initial six-year term beginning May 1, 2024 and expiring April
30, 2030.
Packet Pg. 327
8.G
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 328
8.H
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Kherson Property Purchase - Authorize
MOTION: I move to authorize the Mayor to take all action necessary and
sign all documents required to purchase the Peyton property located at
308 West Meeker Street, in the amount of $347,000, plus closing costs,
subject with terms and conditions acceptable to the Parks Director and City
Attorney.
SUMMARY: The Peyton Property is approximately 5,400 square feet in size and is
located at 308 West Meeker Street, Kent, WA 98032-5895: King County Tax Parcel
Number 982570-0385.
This acquisition will allow the City to increase the size of the popular Kherson Park
in downtown. Acquisition of the property will be covered by City funds.
In the interest of time the Purchase and Sales Agreement was signed by the seller
and Mayor on December 8, 2023, subject to City Council approval.
This agreement is on tonight's City Council Committee of the Whole. Assuming this
agreement passes out of the Committee of the Whole, it will be considered for final
action at tonight's Council meeting under the Consent Calendar, unless otherwise
moved to other business.
BUDGET IMPACT: Purchase will be funded through 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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
Packet Pg. 329
8.H
1. Kherson-Peyton Signed PSA Exhibit A (PDF)
Packet Pg. 330
8.H.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington N
municipal corporation, ("Buyer") whose mailing address is 220 4t" Avenue South,
Kent, Washington 38032-5895, and Robert W. Peyton, III, ("Seller") whose a
mailing address is 1950 Alaskan Way #435, Seattle, WA 98101, for the sale and y
purchase of real property as follows:
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1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees �
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to sell, is a vacant to known as King County Tax Parcel Number 982570-0385, located
at 308 W Meeker St., Kent, WA 98032 (the "Property"). The Property is legally c
described in Exhibit "A", attached hereto and incorporated herein by this reference.
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2. EARNEST MONEY. Within 15 business days of mutual acceptance of
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this Agreement, Bu M
yer shall deposit with Fidelity National Title Insurance Company a
(the "Escrow Agent)(), the sum of Five Thousand Dollars ($5,000) in the form of a
Certified Check, as rl fundable earnest money to be applied toward the purchase price w
of the Property payable at Closing. If this agreement is terminated for any reason, N
the Earnest Money shall be returned to Seller in full within 5 business days of
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termination. T
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3. PURCF ASE PRICE. The total purchase price for the Property is three-
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hundred forty-seven thousand dollars ($347,000), including Earnest Money, payable o
on Closing.
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4. CONTIINGENCIES. This Agreement is contingent upon:
(a) Buyer's receipt of Seller's information contained in the Real U
Property Transfer Disclosure Statement ("Disclosure Statement") r
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the form of which is set forth in Exhibit "B." The Disclosure
Statement shall be completed by the Seller within 15 business
ays from the date of mutual acceptance of the Agreement.
Real Estate Purchase and Sale Agreement Page 1 of 7
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8.H.a
ithin 10 days of Buyer's receipt of the Disclosure Statement
from Seller, Buyer shall either approve and accept the Disclosure
tatement, or rescind the Agreement to purchase the Property,
in its sole and absolute discretion. If Buyer does not deliver a
written rescission notice to Seller within the ten-day period, the
Disclosure Statement will be deemed approved and accepted by o
Buyer. a
(b) City Council Authorization as provided in Section 18 below.
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Should any of the contingencies not be met prior to Closing, then this Agreement a
shall terminate and neither Buyer nor Seller shall have any further rights, duties or
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obligations hereunder, except that the Earnest Money in Escrow shall be immediately o
returned to Buyer.
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S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property Y
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, in a
form substantially as that provided in Exhibit "D", free and clear of all liens,
encumbrances or defects except those General Exceptions described in Schedule B,
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paragraphs A-C and G-] of Title Report Number 611334644, of Exhibit"C", attached x
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hereto and incorporated herein by this reference. All other special exceptions therein, a
except that described in paragraphs 1, 6, and 7, are to be removed on or before a
Closing. General exclusions and exceptions common to the area and not materially
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affecting the value of or unduly interfering with Buyer's reasonable use of the )
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Property shall be permitted. All monetary encumbrances and special exceptions
listed in Exhibit "C", other than those specifically noted above, are to be removed
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on or before closing
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6. TITLE INSURANCE. At Closing, Buyer shall cause Escrow Agent, to
issue standard coverage owner's policy of title insurance to Buyer in an amount
equal to the total �urchase price of the Property. For purposes of this Agreement, a
the following shall not be deemed encumbrances or defects: rights reserved in
federal patents or state deeds, building or use restrictions consistent with current
Real Estate Purchase and Sale Agreement Page 2 of 7
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8.H.a
zoning and utility and road easements of record. If title cannot be made so insurable
prior to Closing, unless Buyer elects to waive such defects or encumbrances, this
Agreement shall to urinate and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. Excise Tax, if applicable, shall N
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be paid by Seller, except for those fees which are expressly limited by Federal
Regulation. Buye shall pay all escrow fees, recording costs, title insurance a
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premium, the costs of any survey, and the fees and expenses of its consultants.
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Taxes for the curre t year, rents, interest, water, sewer and other utility charges, if
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any, shall be paid by Seller, and prorated as of the day of Closing.
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8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS °
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OF THE ESSENCE OR THIS AGREEMENT, this sale shall be closed within 90 days of c
the date of mutual acceptance of this Agreement, which shall also be the termination Y
date of this Agreement, unless said Closing date is extended in writing by mutual
agreement of the parties. When notified, the Buyer and Seller will deposit, without 00
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delay, in escrow with the Escrow Agent, all instruments and monies required to a
complete the transaction in accordance with this Agreement. Closing, for the purpose
of this Agreement, is defined as the date that all documents are executed and the x
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sale proceeds are available for disbursement to the Seller. y
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9. CASUALTY LOSS. If, prior to Closing, the Property shall be destroyed a�
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or materially damaged by flood, earthquake, or other casualty, this Agreement, at c
option of the Buyer, shall become null and void.
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10. POSSESSION. Buyer shall be entitled to possession on Closing.
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11. SELLE 'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until U
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time of agreed possession; a
Real Estate Purchase and Sale Agreement Page 3 of 7
Packet Pg. 333
or any violation of laws relating to the Property except:
8.H.a
12. SELL R'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best ofSeller's knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, Jischarge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities. N
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This provision shall survive Closing and be in addition to Seller's obligation for breach 0
of a representation or warranty as may be set forth herein. a
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13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold U
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harmless the Buyer, against and in respect of, any and all damages, claims, losses, a
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
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costs, including, without limitation, reasonable legal, accounting, consulting, a
engineering and other expenses which may be imposed upon or incurred by Buyer, c
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or asserted against(Buyer, by any other party or parties (including, without limitation, a�
a governmental entity), arising out of or in connection with any environmental Y
condition existing as of and/or prior to Closing, including the exposure of any person 00
to any such environmental condition, regardless of whether such environmental
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condition or exposure resulted from activities of Seller or Seller's predecessors in
interest. This indemnityI shall survive Closing and be in addition to Seller's obligation x
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for breach of a rep esentation or warranty as may be set forth herein. y
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14. DEFAULT AND ATTORNEY'S FEES. a,
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(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall c
be lim ted to damages against Buyer in the liquidated amount of the
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Earnest Money previously paid by the Buyer. Buyer and Seller intend o
that said amount constitutes liquidated damages and so as to avoid
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8.H.a
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Sellers Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity. L
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(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
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the to ms or provisions herein, each party shall pay all its own costs and a
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attorn y's fees.
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15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation a
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of any kind that this form, or any of its provisions, is intended to meet the factual a`
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and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS Y
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS rn
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ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING M
THESE CONSEQUE CES. a
16. NON-14ERGER. The terms, conditions, and provisions of this x
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Agreement shall not be deemed merged into the deed, and shall survive the Closing y
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and continue in full �orce and effect.
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17. NOTICES. All notices required or permitted to be given hereunder shall c
be in writing and shall be sent U.S. certified mail, return receipt requested, or by a
facsimile transmission addressed as set forth below: o
(a) All notices to be given to Buyer shall be addressed as follows:
Y
Adam Long
Law Department
City of Kent
220 Fourth Avenue South
Kent, WA 98032 a
(b) All notices to be given to Seller shall be addressed as follows:
Real Estate Purchase and' Sale Agreement Page 5 of 7
Packet Pg. 335
8.H.a
Robert Peyton III
1950 Alaskan Way #435
Seattle, WA 98101
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(c) All noti--es to be given to Escrow Agent shall be addressed as follows:
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Lisa Hayes o
Fidelity National Title 3
5006 Center Street, Suite J a
Tacoma, WA 98409
Either party hereto i ay, by written notice to the other, designate such other address
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for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on o
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the third day following the day such notice is mailed in accordance with this section. a
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18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the Y
closing of the transaction contemplated by this Agreement (the "Closing") is
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expressly conditioned on the City of Kent City Council's (the "City Council's") prior M
authorization to bu I the Property under this Agreement ("Council Authorization"), a
which may or may of be granted in the City Council's sole discretion. The City of
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Kent shall not be liable or obligated for any burden or loss, financial or otherwise, w
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incurred by Seller as a result of the City Council's modification of the final terms and a
conditions of this ' greement, or the City Council's failure to grant the Council
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Authorization. (n
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18.1 Seller's Waiver. Seller expressly waives any claim against the 2,
City of Kent and its elected officials, officers, employees, representative and agents a
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for any burden, ex Tense or loss which Seller incurs as a result of the City Council's
failure to grant the Council Authorization.
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19. ENTIRE AGREEMENT. This Agreement, including all incorporated E
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement. a
Real Estate Purchase and Sale Agreement Page 6 of 7
Packet Pg. 336
8.H.a
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions a d provisions of this Agreement shall survive the Closing of this
transaction.
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21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, 3
the date of mutual I cceptance of this Agreement shall be the last date on which the a
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parties to this Agreement have executed this Agreement as indicated below.
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22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
December 8, 2023, to accept the Agreement as written, by delivering a o
signed copy thereof to the Buyer's agent, Adam Long. If Seller does not so a
deliver a signed copy within said period, this Agreement shall lapse and all right of
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the parties hereunder shall terminate. Y
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on M
the date set forth below. Q
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BUYER: CITY OF K NT w
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By: r-
Dana Ralph o
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Its: Mayor c
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Dated: -LOZ
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SELLER: Robert Peyton III E
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By: Q
Its: Own/er
Dated: l al el- i--:�
Real Estate Purchase and Sale Agreement Page 7 of 7
Packet Pg. 337
8.H.a
EXHIBIT A
LEGAL DESCRIPTION
LOT 9 IN BLOCK 6 OF `YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64, RECORDS OF KING COUNTY; L
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SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON.
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EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TOT E SELLER N
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Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the roperty write "NA." If the answer is "yes"to any * items, please explain Q
on attached sheets. lease refer to the line number(s) of the question(s) when you provide
your explanation(s). Delivery of the disclosure statement must occur not later than five
business days, unlesis otherwise agreed, after mutual acceptance of a written contract to
purchase between a bluyer and a seller.
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NOTICE TO THE BUYER a
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THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE a
PROPERTY LOCATED bT , KENT, WASHINGTON, ("THE 0
PROPERTY"), OR AS IEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE HOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR 1
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE rn
PROPERTY AT THE TI1 E SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU M
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM C
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU Q
TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT t
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO w
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. �Q
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THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS 0 ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION
IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN P
AGREEMENT BETWEEN BUYER AND SELLER. c
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FOR A MORE COMPRE ENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE 11DVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED a
EXPERTS TO INSPECT1THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, 0
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, 'n
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR Y
STRUCTURAL PEST INISPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY E
ADVICE, INSPECTION,I DEFECTS, OR WARRANTIES. U
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Seller is/ _X— is not occupying the property. Q
Seller's Disclosure Sta ement - Page 1 of 5
Packet Pg. 339
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
19-'�es [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes [ [ ] Don't know *B. Is title to the property subject to any of
the following?
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(1) First right of refusal 0
(2) Option 3
(3) Lease or rental agreement Q
(4) Life estate?
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[ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes? a
[ ] Yes [ [ ] Don't know *D. Is there any leased parking?
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[ ] Yes [ � [ ] Don't know E. Is there a private road or easement a
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agreement for access to the property?
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Yes /o Don't know *F. Are there an rights-of-way, easements ;n
[ ] [ �YN [ ] Y ,
Shared use agreements or access limitations? Y
[ ] Yes [JAoi [ ] Don't know *G. Are there any written agreements for joint r;
maintenance of an easement or right-of-way? M
[ ] Yes [qlo [ ] Don't know *H. Are there any zoning violations or Q
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nonconforming uses? Z
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[ ] Yes [ No [ ] Don't know *I. Is there a survey for the property? w
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[ ] Yes [� [ ] Don't know *J. Are there any legal actions pending or a
threatened that affect the property?
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[-rYes [ ] No [ ] Don't know *K. Is the property in compliance with the in
Americans with Disabilities Act? c
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2. WATER
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[ ] Yes [/No [ ] Don't know *Are there any water rights for the property, 0
such as water right permit, certificate, or claim?
Y
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Seller's Disclosure Statement - Page 2 of 5
Packet Pg. 340
8.H.a
3. SEWER/ON-SITE SEWAGE SYSTEM
[ ] Yes [t],No [ ] Don't know *Is the property subject to any sewage system
fees or charges in addition to those covered in
your regularly billed sewer or on-site sewage
system maintenance service?
4. STRUCTURAL
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[ ] Yes [�'I IC�o [ ] Don't know *A. Has the roof leaked within the last five L
years? 0
[ ] Yes VNo [ ] Don't know *B. Has any occupied subsurface flooded or Q
leaked within the last five years? y
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[ ] Yes [Q-,<o [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
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[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits
obtained? a
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[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained? 0
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[ ] Yes PrNo [ ] Don't know *D. Has there been an settling, slippage, or Y
sliding of the property or its improvements?
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✓ M
[ ] Yes [ �No' [ ] Don't know *E. Are there any defects with the following: °;
' -
(If yes, please check applicable items and
explain.) Q
❑ Foundations ❑ Windows X
x
❑ Doors ❑ Slab Floors w
❑ Ceilings ❑ Outbuildings Q
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❑ Sidewalks ❑ Exterior Walls a
❑ Other ❑ Siding
❑ Interior Walls P
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S. SYSTEMS AND FIXTURES
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[ ] Yes [U/Ko [ ] Don't know *A. Are there any defects in the following o
systems? If yes, please explain. L
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[ ] Yes [y'IVo' [ l Don't know (1) Electrical system Y
[ ] Yes [' No [ ] Don't now (2) Plumbing system
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[ ] Yes [ No [ ] Don't know (3) Heating and cooling systems U
[ ] Yes [ IPVo [ ] Don't know (4) Fire and security system Q
Seller's Disclosure Statement - Page 3 of 5
Packet Pg. 341
8.H.a
[ ] Yes [ ] No [ ] Don't know (5) Carbon monoxide alarms
6. ENVIRONMENTAL
[ ] Yes [Q/No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes [q to [ ] Don't now *B. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
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landslides? 'o
[ ] Yes [-q-Ivo [ ] Don't know *C. Are there any shorelines, wetlands, Q
floodplains, or critical areas on the property?
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[ ] Yes [J-No [ ] Don't now *D. Are there any substances, materials, or
products on the property that may be 2
environmental concerns, such as asbestos, a
formaldehyde, radon gas, lead-based paint, fuel
or chemical storage tanks, or contaminated soil
or water? 0
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[ ] Yes [ to [ ] Don't know *E. Is there any soil or groundwater
contamination? w
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[ ] Yes [,INo [ ] D'on't know *F. Has the property been used as a legal or Y
illegal dumping site?
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[ ] Yes [ JANo [ ] Don't know *G. Has the property been used as an illegal M
drug manufacturing site? Q
7. FULL DISCLOSURE BY SELLERS
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A. Other conditions or defects: W
[ ] Yes [eo [ ] Don't now *Are there any other existing material defects a
affecting the property that a prospective buyer a-
should know about?
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B. Verification: U)
The foregoing answers and attached explanations c
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a a
copy hereof. I/we authorize all of my/our real o
estate licensees, if any, to deliver a copy of this In
disclosure statement to other real estate
licensees and all prospective buyers of the 1
property.
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Seller's Disclosure Statement - Page 4 of 5
Packet Pg. 342
8.H.a
NOTICE TO THE BUYER
INFORMATION REGA DING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
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II. BUYER'S ACKNOWLEDGMENT o
A. Buyer hereby 3cknowledges that: Buyer has a duty to pay diligent attention to any '
material defects that are known to Buyer or can be known to Buyer by utilizing diligent Q
attention and observation. y
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B. The disclosures set forth in this statement and in any amendments to this statement c
are made only by the Seller and not by any real estate licensee or other party. a
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are a
not liable for inaccurate information provided by Seller, except to the extent that real estate 0
licensees know of suchinaccurate information. a`
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D. This information is for disclosure only and is not intended to be a part of the written w
agreement between the Buyer and Seller.
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E. Buyer(which term includes all persons signing the "Buyer's acceptance" portion of this a;
disclosure statement below) has received a copy of this Disclosure Statement (including00
attachments, if any) bearing Seller's signature.
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DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE w
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE a
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. LM
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BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND c
ACKNOWLEDGES TH.) � THE DISCLOSURES MADE REIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR H R RTY. a
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DATE: BUYER:
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BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT m
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. t
Buyer waives that right. However, if the answer to any of the questions in t ion entitled r
Environmental woulld be yes, Buyer may not waive the receipt of a Envi nmental Q
section of the Seller Disclosure Statement.
DA E: iL BUYER
Seller's Disclosure Statement - Page 5 of 5
Packet Pg. 343
EXHIBIT C
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is Redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: N
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GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. Q
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B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be t
disclosed by an accurat and complete land survey of the Land.
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C. Easements, prescrip ive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the r_
Public Records. am
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D. Any lien, or right to a lien,for contributions to employee benefit funds,or for state workers'compensation, or a-
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the c
Public Records.
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E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public 1
Records. e,
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F. Any lien for service, installation,connection, maintenance,tap, capacity,or construction or similar charges for
sewer,water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Q
Public Records.
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G. Unpatented mining c�aims, and all rights relating thereto. t j
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H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. a
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I. Indian tribal codes or-egulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
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J. Water rights, claims or title to water. r_
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K. Any defect, lien, enc mbrance,adverse claim, or other matter that appears for the first time in the Public ti
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the c
Schedule B, Part I—Requirements are met. ,°�
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This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions;and a r
counter-signature by the Company or its iss ing agent that may be in electronic form. AMERTC Q
Copyright American Land Title Assoc ation. All rights reserved. WNDTI
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The use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA IV od(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 7 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
Packet Pg. 344
8.H.a
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTION
1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments,
dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or N
restrictions, if any, incluc ing but not limited to those based upon race, color, religion, sex, sexual orientation, 0
familial status, marital st tus, disability, handicap, national origin, ancestry, or source of income,as set forth in 3
applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable Q
law, as set forth on the IZ]at of Yesler's First Addition to the Town of Kent:
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Recording No: 52220 t
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2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half a
delinquent if unpaid on November 1 of the tax year(amounts do not include interest and penalties): �
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Year: 2023 0
Tax Account No.: 982570-0385-04 a
Levy Code: 1526 r_
Assessed Value-Land: $110,000.00 w
Assessed Value-Improvements: $0.00
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General and Special Taxes:
Billed: $1,166.66 M
Paid: $1,166.66 00
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Unpaid: $0.00 ..
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3. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish
Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting x
or changing its use and/or structure after February 1, 1990_ W
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Please contact the King County Wastewater Treatment Division, Capacity Charge Program,for further information o-
at 206-296-1450 or Fax No. 206-263-6823 or email at CapCharaeEscrow(a)kingcounty.gav
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A map showing sewer service area boundaries and incorporated areas can be found at: aM
http://Www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx#4E564EB5E6894FBC95694BE009A45399 )
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Unrecorded Sewer Capacity Charges are not a lien on title to the Land.
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NOTE: This exception will not appear in the policy to be issued. o
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This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions; and a
counter-signature by the Company or its iss,ring agent that may be in electronic form.
AMERICAN
Copyright American Land Title Assoc ation. All rights reserved. —TITLE
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usunnnox
The use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are pr9hibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA od(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
Packet Pg. 345
8.H.a
FIDELITY NATIONAL TITLE �OMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE 13, PART II -Exceptions
(continued)
4. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $28,200.00
Dated: March 27,2001 N
Trustor/Grantor: Robert W Peyton, III o
Trustee: U.S. Small Business Administration
Beneficiary: Administrator of the Small Business Administration 0
Recording Date: April 10,2001 Q
Recording No.: 200 0410001655
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5. Any unrecorded leasehol s, right of vendors and holders of security interests on personal property installed upon 2
the Land and rights of teAants to remove trade fixtures at the expiration of the terms. li
6. To provide an extended coverage lender's policy, general exceptions B and C are hereby eliminated. General m
exceptions A and D haves not been cleared. o
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In consideration of clean I g paragraphs A and D of Schedule B, please have the borrower/owner complete the c
enclosed affidavit and return to our office for review. ;n
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7. Terms and conditions of Decree of Dissolution: Y
Petitioner: Robert Andrew Cipollone
00
Respondent: Robert Westmoreland Peyton III
County: King Q
Court: Superior .,
Cause No.: 21-3-04140-0
Nature of Action: Legal separation x
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END OF SCHEDULE B, PART II N
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This page is only a part of a 2021 ALTAO Co mitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Polio the Commitment Conditions; Schedule A; Schedule B, Part 1-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issu'ng agent that may be in electronic form.
ri
A A5E0.1CAN
Copyright American Land Title Associ tion. All rights reserved. IANn TITLE
The use of this Form(or any derivative t"ereof)is restricted to ALTA licensees and ALTA members in good standing as x
of the date of use. All other uses are pro;ibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA M d(07/0112021) Printed: 11.01.23 @ 07:07 AM
Page 9 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
Packet Pg. 346
8.H.a
EXHIBIT D
WHEN RECORDED ETURN TO:
as
City Clerk L
City of Kent
220 Fourth Avenue South a
Kent, Washington 98032
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Grantor: Robert Peyton III
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Grantee: City of Kent a`
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Abbreviated Legal Description: Parcel No. 982570-0385
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Additional Legal Description on: Exhibit "A" Y
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Assessor's Tax Parcel ID No.: 1 STR: SE 12-22-4 M
Project Name: 2nd and Meeker - City Acquisition a
WARRANTY DEED w
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Robert Peyton III, an individual ("Grantor"), for and in consideration of Ten a
Dollars and No/100 ($10.00) and/or other valuable consideration in hand paid,
conveys and warrants to the City of Kent, a Washington municipal corporation
("Grantee"), all his interest, including any after acquired title, in the real property in
described in the attached and incorporated Exhibit A, situated in King County, c
Washington, subject to easements, restrictions, reservations, right-of-way,
covenants, and conditions shown on Exhibit B, Fidelity National Title Order Number a
611334644, attached and incorporated. o
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(Signatures on following page) Y
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WARRANTY DEED - Page 1 of 3
Packet Pg. 347
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8.H.a
GRANTOR:
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Name: Robert Peyton III L
Title: Owner. °
Date:
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WARRANTY DEED - Pi ge 2 of 3
Packet Pg. 348
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Robert Peyton III is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as Ithe owner to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 0
day and year first above written. 3
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(Signature)
NOTARY PUBLIC, in and for the State 2
of Washington, residing at a
My appointment expires
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WARRANTY DEED - Pa je 3 of 3
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Packet Pg. 349
9.A
KENT
WASH IN G T O N
DATE: January 16, 2024
TO: Kent City Council
SUBJECT: Sound Transit Rezone Ordinance - Adopt (QUASI-
JUDICIAL)
MOTION: I move to adopt Ordinance No. 4483, accepting the Hearing
Examiner's recommendation and approving Sound Transit's rezone
request.
SUMMARY: Sound Transit owns property located at 23453 30' Avenue South and
has requested the City rezone the property from MHP (Mobile Home Park) to MTC-2
(Midway Transit Community 2). The MTC-2 zoning district is consistent with the
existing Comprehensive Plan Land Use Map designation of TOC - Transit Oriented
Community. This 1.09-acre property abuts the Kent Des Moines Light Rail Station.
Surrounding properties are zoned as MTC-2 and MTC-1. The subject site is
undeveloped.
Kent City Code 15.09.050 establishes five criteria for granting a rezone request,
which help ensure consistency with the Comprehensive Plan, nearby land uses, and
available infrastructure and services. After conducting an open record public
hearing on November 1, 2023, the hearing examiner recommended the Sound
Transit rezone application be approved. City planning staff agrees with the hearing
examiner's recommendation and recommends Council accept it.
The City Attorney will make opening remarks, and City staff will then present a
summary of the rezone request and the record established through the open public
hearing.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
Packet Pg. 350
9.A
1. Ord - Sound Transit Rezone—Ordinance (PDF)
2. Staff Report (PDF)
3. Application (PDF)
4. Narrative (PDF)
Packet Pg. 351
9.A.a
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Q
ES
ORDINANCE No. 4483
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AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land use and
zoning, specifically the rezoning of a 1.09-acre
parcel located at 23453 30t" Ave South, Kent,
Washington from MHP (Mobile Home Park) to MTC- 0
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2 (Midway Transit Community 2). 0
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RECITALS
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A. An application to rezone one parcel totaling approximately 1.09
acres in size from the current zoning of MHP (Mobile Home Park) to MTC-2
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(Midway Transit Community 2), was filed on March 23, 2023, by Sound �?
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Transit (Kent Multi Use Rezone RZ-2023-1, KIVA#RPP4-2230743). M
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B. Environmental review is not required under the Washington
State Environmental Policy Act. This property is categorically exempt under
WAC 197-11-800(6)(iii) since it is located in the Midway Subarea (Ordinance o
4009, 2011) which was previously subjected to environmental review and
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analysis through an Environmental Impact Statement (EIS). The EIS
adequately addressed the environmental impacts of the rezone. y
C. After the publication and giving of notice, a public hearing on
the Kent Multi Use rezone was held before the Hearing Examiner on 3
0
November 1, 2023. Following the public hearing, on December 5, 2023, the N
Hearing Examiner issued his findings and conclusions that the Sound Transit o
Rezone is consistent with the City's comprehensive plan, that the proposed
rezone and any subsequent development would be compatible with the
existing neighborhood, that the proposed rezone would not unduly burden .2
the transportation system, that circumstances have changed substantially
1 Sound Transit Rezone
Packet Pg. 352
9.A.a
to warrant the proposed rezone, and that the proposed rezone would not
adversely affect public health, safety and general welfare of the citizens of
the City of Kent. a
D. Based on these findings and conclusions, the Hearing Examiner
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recommended Council approve the Kent Multi Use Rezone.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a
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ORDINANCE
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SECTION 1, - Hearing Examiner's Findings and Conclusions Adopted, 0
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The Hearing Examiner's findings and conclusions pertaining to the Kent Multi 0
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Use Rezone issued on December 5, 2023, attached and incorporated as W
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Exhibit "A," are consistent with sections 15.09.050(A)(3) and 15.09.050(C) c
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of the Kent City Code. The findings of the hearing examiner are accepted,
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and the Kent City Council adopts the Hearing Examiner's recommendation o
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for approval of the Sound Transit Rezone of the 1.09-acre parcel from MHP
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(Mobile Home Park) to MTC-2 (Midway Transit Community 2). 00,
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SECTION 2. - Rezone. The property located at 23453 30t" Ave
South, Kent, Washington, consisting of approximately 1.09 acres of land as o
depicted in the attached and incorporated Exhibit "B " and legally described
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in the attached and incorporated Exhibit "C," is rezoned as follows:
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King County tax parcel number 2500600495 located in L
Kent, Washington, shall be rezoned from MHP (Mobile
Home Park) to MTC-2 (Midway Transit Community 2).
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The City of Kent zoning map shall be amended to reflect the rezone granted
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above.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
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approval of the City Attorney, the City Clerk and the code reviser are Q
authorized to make necessary corrections to this ordinance, including the
2 Sound Transit Rezone
Packet Pg. 353
9.A.a
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state or federal laws, codes, rules, or regulations.
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SECTION 4. - Severability. If any one or more section, subsection, 25
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or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this ordinance a
and that remaining portion shall maintain its full force and effect. CY
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SECTION 5. - Effective Date. This ordinance shall take effect and be Q
in force thirty (30) days from and after its passage.
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January 16, 2024 c
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BILL BOYCE, MAYOR PRO TEM Date Approved
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ATTEST:
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January 16, 2024 in
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted M
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January 19, 2024
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Date Published
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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3 Sound Transit Rezone
Packet Pg. 354
9.A.a
EXHIBIT A
1 BEFORE THE CITY OF KENT HEARING EXAMINER
2 IN RE: ) HEARING NO. PSRZ-2230743/
RZ-2023-1
3 SOUND TRANSIT 250060-0495. ) a
FINDINGS OF FACT AND v
4 ) CONCLUSIONS OF LAW AND o
RECOMMENDATIONS TO CITY
5 ) COUNCIL N
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6 APPLICANT: Sound Transit CY
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7 REPRESENTATIVE: Matthew Mateo -°a
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8 SITE LOCATION: 23453 30th Avenue South, Kent, Washington.
Parcel No. 2500600495. o
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PLANNER: Sam Alcorn, AICP 0
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APPLICANT'S REQUEST: N
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12 The Applicant proposes a site-specific rezone amendment to change the site's zoning from MHP-
Mobile Home Park to MTC-2-Midway Transit Community 2. The parcel is adjacent to the Kent
13 Des Moines light rail station within the Midway Subarea and all surrounding parcels are
presently zoned MTC-1 or MTC-2. c
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SUMMARY OF DECISION: M
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The Hearing Examiner Pro Tem recommends that the proposed amendment to the site's zoning a)
16 from MHP to MTC-2 be approved without conditions. r_
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17 DATE OF DECISION: December 5, 2023. 0
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18 BACKGROUND 0
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The first of two light rail stations proposed for the City of Kent is nearing completion. All y
20 properties comprising the light rail station or adjacent to it are presently zoned MTC-1 or MTC-2
with the exception of the parcel in question, currently zoned MHP-Mobile Home Park. The
21 Applicant, Sound Transit, seeks to have this parcel's zoning amended to MTC-2 consistent with
all surrounding properties as well as with the site's land use designation of TOC-Transit Oriented in
22 Center in the City's Comprehensive Plan. The request has the full support of City Staff and has
not had any public opposition, 0`
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25 Findings of Fact and Conclusions CITY OF KFNT HEARING EXAMINER 1°
of Law and Recom niendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to City Council- I CHEHALIS, WASHINGTON 98532
Phone: 360-748-3386/Fax: 748-3387
Packet Pg. 355
9.A.a
I PUBLIC HEARING
2 The matter came before the Hearing Examiner' for public hearing at approximately 9:00 a.m., on
Wednesday, November 1, 2023. The hearing tools place remotely with the City Staff serving as
3 host. The City appeared through Sam Alcorn,Planner. The Applicant appeared through a
4 Matthew Mateo. Other City Staff and Applicant representatives were also present. No members c
of the public were present and there was no public testimony. Testimony was received from Mr. D
5 Alcorn and Mr. Mateo. All testimony was taken under oath and a verbatim recording of the
proceedings was maintained.
6 Or
The following exhibits were received in advance of the public hearing or during the public a
7 hearing: a
8 1. Staff Report dated August 30, 2023. c
2. Application Materials
9 a. Application dated March 23, 2023.
b. Narrative dated March 23, 2023. 0
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3. Site Plan dated May 3, 2023. c
11 4. Staff Report& Agenda Distribution List with Declaration of Delivery dated
October 23, 2023.
12 5. Notice of Public Hearing Mailing c
a. Notice of Public Hearing dated October 2023.
13 b. Notice of Public Hearing Distribution List& Affidavit of Mailing dated
October 20, 2023. c
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14 C. Notice of Public Hearing Ad& Confirmation of Publication dated
October 20, 2023. M
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15 d. Affidavit of Posting dated October 20, 2023. M
e. 300' Radius List dated October 20,2023. 0
16 6. Notice of Application(NOA)
17 a. NOA Packet dated May 19, 2023.
b. NOA Ad& Affidavit of Publishing dated May 19, 2023. 01
is c. NOA Distribution List& Declaration of Delivery dated May 19, 2023.
d. NOA Affidavit of Posting dated May 19, 2023. N
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► The public hearing was held by the City's Hearing Examiner who, after hearing all testimony and reviewing all �o
22 exhibits,orally expressed his recommendation that the amendment be approved by City Council. Unfortunately,the ,
Hearing Examiner has been unable to reduce his oral ruling to the required written Findings and Recommendations.
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23 The Hearing Examiner Pro Tern has therefore been asked to review the record as established by the Hearing 0
Examiner and complete the process of presenting Findings and Recommendations to City Council.
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25 Findings of Fact and Conchusions CITY OF KENT HEARING EXAMINER +°
of Law and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to City Council-2 CHEHALIS,WASHINGTON 98532
Phone:360-748-3386/Fax: 748-3387
Packet Pg. 356
9.A.a
1 Two additional exhibits were acknowledged during the public hearing, consisting of
letters of support from Mercy Housing and Open Doors, and were introduced as Exhibits 7a and
2 7b. No additional exhibits were submitted.
3 J
City's Presentation: g
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4 Mr. Alcorn's presentation on behalf of the City was relatively brief and relied heavily on his Staff
5 Report dated October 4, 2023. As noted above, the Applicant, Sound Transit, seeks site specific N
rezoning of 1.09 acres located at 23453 30th Avenue South from MHP-Mobile Home Park to a
6 MTC-2-Midway Transit Community 2. The site is adjacent to the first of two light rail stations cY
being constructed in the City, with the adjacent station nearly completed. The site was c
7 previously used as a mobile home park but was acquired by Sound Transit in 2019 and its use as Q
a mobile home park was thereafter discontinued. The site is currently vacant and has been relied
8 upon as a staging area for construction of the transit facility. The properties surrounding the
project site have already had their zoning changed to MTC-1 or MTC-2 and the site is the only
9 remaining parcel not yet having had its zoning designation similarly amended.
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1 The project site has a land use designation of TOC-Transportation Oriented Community in the 0
1 1 land use element of the Comprehensive Plan. Mr. Alcorn explains that this designation is
intended to encourage dense, pedestrian-oriented, mixed use, and public transit-oriented uses
12 near the Kent Des Moines light rail station. The MTC-2 zoning classification is consistent with
this land use designation and would permit the type of development intended. It is also
13 consistent with a host of Goals and Policies in the City's Comprehensive Plan.
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14 Mr. Alcorn explained that the application is categorically exempt from SEPA review as it is (0
located in the Midway Subarea which underwent a SEPA EIS, and that the EIS adequately M
15 addressed all environmental impacts of this proposed rezone.
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16 Mr. Alcorn confirmed that notice of this hearing was properly issued and that is resulted in
17 written letters in support from Mercy Housing and Open Door (Exhibits 7a and 7b) discussed
more fully below. of
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Mr. Alcorn completed his presentation by undertaking an analysis of the requested rezone N
19 pursuant the criteria found in Kent Zoning Code Section 15.09.050.0 for zoning amendment: a
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20 • City Staff finds that the proposed rezone is consistent with the Comprehensive
Plan as it would align the property's zoning with its land use designation of TOC-Transit
21 Oriented Center.
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22 The rezone is also consistent with the Goals and Policies of the Comprehensive Plan including
Land Use Goals LU1, LU3, LU6 and LU7, along with Policies LU 1.3, 2.2, 3.2, 3.1, 6.3 7.3 and O
23 10.1; with Housing Goal H2 and Policies H 2.1 and 2.2; with Transportation Goal T1 and
24 Policies T 1.4 and T 5.4. E
Findings of Fact and Conclusions CITY OF KFNT HEARING EXAMINER
25 of Law and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to City Council-3 CHEHALIS,WASHINGTON 98532
Phone:360-748-3386/Fax:748-3387
Packet Pg. 357
9.A.a
1 • Staff finds that the proposed rezone and subsequent development would be
compatible with development in the vicinity. Surrounding properties are also currently
2 undeveloped and awaiting collective development consistent with the new light rail station. All
3 adjacent parcels are zoned either MTC-2 or MTC-1, with the MTC-1 designation given to J
parcels with frontage along Pacific Highway South. All of these parcels are intended to be g
4
developed in a manner similar to the subject property; all are within the Midway Subarea; and c
are subject to the Midway Design Guidelines intend to promote high quality, dense, pedestrian
5 and transit-oriented development. co
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6 Conversely, the current MHP zoning is inconsistent with the site's land use designation in cY
the Comprehensive Plan and is also inconsistent with the intended uses of all surrounding c
7 properties and the goals of the Midway Design Guidelines. a
8 • City Staff finds that the proposed rezone will not unduly burden the transportation
system in the vicinity with significant adverse impacts which canlot be mitigated. Future c
9 development will, of course, increase traffic due to its greater density but these impacts are offset
10
by the development of the light rail station and the available public transit it provides. In
addition, surrounding roadways are currently being upgraded in a manner consistent with the N
11 new light rail station. The proposed rezone is therefore not anticipated to unduly burden the
transportation system, especially as the site will likely require added mitigation in the form of
12 transportation impact fees as well as other roadway improvements.
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13 • Circumstances have substantially changed since the establishment of the current c
zoning district and warrant the proposed rezone. Most notably, funding was approved for m
14 extension of the light rail from SeaTac Airport to this site and then onward to Federal Way. As
noted earlier, all surrounding properties have already been rezoned as part of adoption of the M
15 Midway Subarea Plan,leaving only this parcel needing to be rezoned.
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16 The proposed rezone will allow for increased density consistent with the Midway
17 Subarea Plan. This Plan was established subsequent to the property's current zoning. =a
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18 • City Staff finds that the proposed rezone will not adversely affect the health,
safety and general welfare of the citizens of the City. To the contrary, the proposed rezone is N
19 consistent with the City's Comprehensive Plan and with the proposed development of
surrounding properties and will help facilitate an area-wide redevelopment centering on the new
20 light rail station. All future development will be required to meet all applicable codes and
regulations and also mitigate all anticipated environmental impacts.
21
Based upon these Findings, City Staff recommends that the proposed rezone be approved by City i
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Council.
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Findings of Fact and Conclusions CITY OF KFNT HEARING EXAMINER
25 of Law and Recommendations 299 N.W.CENTER ST./P.O. BOX 939 Q
to Cit);Council-4 CHEHALIS,WASHINGTON 98532
Phone:360-748-3386/Fax: 748-3387
Packet Pg. 358
9.A.a
1 --At the conclusion of Mr. Alcorn's testimony, the Hearing Examiner posed a few questions. The
Hearing Examiner asked whether there had been any changes to the City's Comprehensive Plan
2 or land use ordinances since the application was submitted. Mr. Alcorn explained that there have
been no recent changes to either. Mr. Alcorn was then asked if there are any zoning overlay
3 zones affected in this proposed zoning amendment and he responded that there are none. He was a
4
then asked if there is any development proposed concurrently with the requested rezone and c
explained that there is none, and that any proposals for development will be presented at a future
5 date. co
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6 Applicant's Presentation: CY
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7 At the conclusion of Mr. Alcorn's testimony, the Applicant, Sound Transit, testified through a
Matthew Mateo. Mr. Mateo's presentation was quite brief. He mostly wished to supplement the
8 City's presentation by noting that since this application was presented, by Sound Transit and the
City have been jointly working on achieving the goals of the Subarea Plan, including joint notice c
g of intent for awarding transit-oriented development. Upon questioning by the Hearing Examiner
10 as to the status of the transit center facilities, Mr. Mateo responded that both the transit center
and associated parking garage have a finished look and are nearly ready. A person departing 0
11 from the light rail station would exit onto the subject property, thus the need to have its zoning
amended so that its development can get underway.
12
Public Comment:
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At the conclusion of Mr. Mateo's presentation, the Hearing Examiner inquired as to whether any in
14 members of the public were present and wished to testify. There were no members of the public
15 present wishing to testify and there has been no public opposition to the requested rezone. M
16 Shortly in advance of the public hearing written comments were received in support of the
amendment: 0
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Mercy Housing submitted a written letter dated October 2, 2023, expressing its support of
18 for the rezone on the basis that it would be an essential step toward transforming the Kent Des c
Moines station and nearby area into a vibrant, transit-oriented, sustainable community centered N
1 g around the new light rail station. Rezoning to MTC-2 will allow greater density, with a mix of
uses, that will improve possibilities for new affordable housing. Mercy Housing recently
20 received the notice of intent to award (along with Open Doors) from the City and Sound Transit
with the goal of establishing affordable housing in the area.
21
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By letter dated October 2, 2023, Open Doors also expressed its support for the zoning in
22 amendment,noting that rezoning to MTC-2 will allow for development of a more inclusive -�
23 residential community consistent with the goals of the Subarea Plan. Open Doors echoed the O
thanks expressed by Mercy Housing for having received the notice of intent to award from
24 Sound Transit for the Kent Des Moines "North" site. E
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25 Findings of Fact and Conclusions CITY OF KENT HEARING EXAMINER +°
orLam,and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to City Council-S CHEHALIS,WASHINGTON 98532
Phone: 360-748-3386/Fax: 748-3387
Packet Pg. 359
9.A.a
1 Apart from these two letters, there has been no public comment.
2 ANALYSIS
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3 The requested rezone is a straightforward one resulting in an important amendment to the site's g
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zoning to achieve consistency with its Comprehensive Plan, land use designation as well as the o
Plan's Goals and Policies. Amending the site's zoning to be consistent with all surrounding
5 properties will allow for uniform, comprehensive development consistent with the Subarea Plan y
and in a manner beneficial to the City and the region. City Staff recommends approval of the
6 rezoning without conditions and there is no public opposition. I concur with City Staff that the CY
requested zoning amendment should be approved. c
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I therefore make the following: '
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FINDINGS OF FACT c
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10 1. Any Findings contained in the foregoing Background, Public Hearing or Analysis
Sections are incorporated herein by reference and adopted by the Hearing Examiner as his N
11 Findings of Fact.
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12 2. The Hearing Examiner has admitted documentary evidence into the record, heard
testimony, and taken this matter under advisement.
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3. The Applicant seeks a site-specific zoning map amendment to rezone property at 23453 0
(014
30th Avenue South from its current zoning of MHP-Mobile Home Park to MTC-2-Midway
Transit Community 2. M
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16 4. The project site is located within the Midway Subarea and is adjacent to the nearly c
completed light rail station. The site formerly served as a mobile park but now lies undeveloped c
17 while awaiting new development consistent with the adjoining transit facility. =a
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18 5. City staff has deemed the present application to be categorically exempt from SEPA.
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19 6. Notie of the proposed hearing was issued on September 22, 2023, posted on the property,
mailed to property owners within 300' of the subject property; emailed to agencies, city
20 departments and parties of record; published in the Kent Reporter and posted on the City's
webpage in accordance with KCC 12.01.140 and 12.01.145.
21 0
Findings Related to Compliance with KCC 15.09.050.0 for Zoning Map Amendments.
22 '
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7. Applications for amendment to the zoning map, including site specific rezones, may only O
be approved if all five criteria of KCC 15.09.050.0 are satisfied. The Applicant has the burden
24 of proving that all requirements are met: E
Findings of Foci and Conclusions CITY OF KFNT HEARING FXAMINFR 1°
25 ofLaiv and Recommendalions 299 N.W. CENTER ST./P.O. BOX 939 Q
to City Council-6 CHEHALIS,WASHINGTON 98532
Phone: 360-748-3386/Fax: 748-3387
Packet Pg. 360
9.A.a
1 a. The proposed rezone must be consistent with the Comprehensive Plan.
2 The subject property has a land use designation of Transit Oriented Community (TOC) in
3 the City's Comprehensive Plan. The proposed zoning amendment to MTC-2 is consistent with
this land use designation. a
4 City Staff finds that the zoning amendment is consistent with the Goals and Policies of
5 the City's Comprehensive Plan as detailed more fully in the Public Hearing Section. The co
Hearring Examiner concurs and adopts the City's Findings.
6 CY
b. The proposed rezone and subsequent development will be compatible with c
7 development in the vicinity.
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8 As noted in the Public Hearing Section, surrounding properties are currently
undeveloped,zoned MTC-2 or MTC-1, and await comprehensive development concurrently with c
9 the subject property. All properties within the Midway Subarea, and subject to the Midway
10 Design Guidelines, are intended to promote high quality, dense, pedestrian transit-oriented
development. The proposed rezone and its subsequent development would be compatible with N
11 all surrounding development.
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12 Conversely,the subject property's current zoning of MHP is incompatible with the
property's land use designation of TOC and does not achieve the type of development envisioned
13 in the Midway Subarea according to the Midway Design Guidelines. The current zoning is c
therefore inconsistent and incompatible with development in the vicinity. in
14
C. The proposed rezone will not unduly burden the transportation system in the M
15 vicinity of the property with significant adverse impacts which cannot be mitigated.
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16 As set forth in the Public Hearing Section, City Staff finds that future use of the site will
1 likely increase traffic due to greater density of residential and commercial development, but that
this increased traffic is offset by the public transit provided by the new transit facility and by the of
18 upgrading of nearby roadways as part of the light rail station construction. Transportation c
impacts resulting from future development will likely require mitigation in the form of N
19 transportation impacts fees as well as compliance with any other City requirements for roadway
improvements. The Hearing Examiner concurs and finds that the proposed rezone will not
20 unduly burden the transportation system.
21 d. Circumstances have changed substantially since the establishment of the current
zoniniz district to warrant the proposed rezone. in
22
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23 As set forth in the Public Hearing Section, a number of substantial changes have occurred O
since the establishment of the current MHP zoning: Sound Transit received funding to extend
24 E
Findings of Fact and Conclusions CITY OF KENT HEARING EXAMINER °
25 of Law and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 a
to City Council- 7 CHEHALIS, WASHINGTON 98532
Phone:360-748-3386/Fax: 748-3387
Packet Pg. 361
9.A.a
1 light rail from SeaTac Airport to the Kent Des Moines light rail station adjacent to this site and
then further south to Federal Way; the adoption of the Midway Subarea Plan occurred
2 subsequent to this property's zoning and resulted in the area-wide rezoning of all surrounding
properties to either MTC-1 or MTC-2, leaving only the subject parcel still needing rezoning; and J
3 completion of the light rail station and other public transit facilities will generate the need for g
4
additional housing and commercial services nearby. The rezone proposal to MTC-2 will o
accommodate these increased demands for both residential and commercial facilities.
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e. The proposed rezone will not adversely affect the health, safety and general a
6 welfare of the citizens of the City of Kent. CY
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7 Staff finds that the proposed rezone is consistent with the Kent Comprehensive Plan; is
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consistent with the proposed development of surrounding properties; is consistent with the
8 Midway Subarea Plan; and will serve to facilitate an area-wide redevelopment by Sound Transit
around the new light rail station. Future development of the site will be required to meet all c
9 applicable codes and regulations, including fire and life safety codes, and must provide for
10 mitigation of any environmental impacts. The Hearing Examiner concurs.
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1 1 8• City Staff recommends approval of the requested amendment with no conditions. The
Hearing Examiner concurs. y
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13 Having entered his Findings of Fact,the Hearing Examiner makes the following: 3
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14 CONCLUSIONS OF LAW N
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15 1. The Hearing Examiner has jurisdiction over the parties and the subject matter.
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16 2 Any Conclusions of Law contained in the foregoing Background, Public Hearing, c
17 Analysis, or Findings of Fact are hereby incorporated by reference and adopted by the Hearing =a
Examiner as his Conclusions of Law. Oi
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3. All notice requirements have been met. N
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4. All SEPA requirements have been met.
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5. Pursuant to KMC 15.09.050.0 the requested amendment:
21
22 a. Is consistent with the Comprehensive Plan.
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b. The proposed rezone and subsequent development will be compatible with 0
development in the vicinity.
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Findings of Fact and Conclusions CITY OF KENT HEARING EXAMINER +°
25 of Law and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to 00 Council-8 CHEHALIS,WASHINGTON 98532
Phone: 360-748-3386/I+ax: 748-3387
Packet Pg. 362
9.A.a
1 C. Will not unduly burden the transportation system in the vicinity of the
2 property with significant adverse impacts which cannot be mitigated.
3 d. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone g
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e. Will not adversely affect the health, safety and general welfare of the
5 citizens of the City of Kent.
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6 6. The requested amendment should be approved without conditions. CY
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RECOMMENDATION
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Now, therefore, the Hearing Examiner recommends approval of the proposed amendment from c
9 MHP-Mobile Home Park to MTC-2-Midway Transit Community 2t o
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10 DATED this day of December, 2023. N
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Mark C. Scheibmeir
13 City of Kent Hearing Examiner Pro Tem
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Findings of Fact and Conclusions CITY OF KFNT HEARING EXAMINER
25 ofLaiv and Recommendations 299 N.W. CENTER ST./P.O. BOX 939 Q
to 00)Council-9 CHEHALIS, WASHINGTON 98532
Phone: 360-748-3386/Fax: 748-3387
Packet Pg. 363
9.A.a
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Sound Transit Rezone
Packet Pg. 364
9.A.a
EXHIBIT C
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Property Legal Description: a
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Situate in the County of King, State of Washington:
Lots 11 and 12, Block 5, Federal Highway Addition, according to the plat
thereof recorded in Volume 30 of Plats, Pages 1 and 2, in King County, or
Washington; a
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Except the West 100 feet thereof. Q
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Sound Transit Rezone
Packet Pg. 365
9.A.b
ECONOMIC & COMMUNITY DEVELOPMENT
Kurt Hanson, Director
Erin George, AICP, Current Planning Manager
220 Fourth Avenue South
4^'A11l Kent, WA 98032-5895
K E N T Fax: 253-856-6454
w
Phone: 253-856-5454
STAFF REPORT
FOR PUBLIC HEARING BEFORE THE HEARING EXAMINER
October 4, 2023 J
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Project Name: Sound Transit 250060-0495
Application Type: Rezone
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File Number: PSRZ-2230743 / RZ-2023-1
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Project Location: 23453 30' Ave S, Kent, WA Q
Parcel Number: 2500600495
Number of Lots: 1
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Applicant: Sound Transit / Matthew Mateo 0
Project Planner: Sam Alcorn, AICP
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Recommendation: Approval
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I. INTRODUCTION
Pursuant to Kent City Code (KCC) 15.09.050.A(3), official zoning map c
amendments (rezones) may be initiated by application of one or more owners, �!?
or their agents, of the property affected by the proposed amendment. KCC M
12.01.040(A) categorizes rezones as Process IV applications, requiring an open co
record hearing held by the hearing examiner in accordance with KCC 12.01.160.
As outlined in KCC 15.09.050.G, the hearing examiner shall make a report of 0
findings and recommendations with respect to the proposed amendment,
following the public hearing, and shall forward that report to the city council,
who shall have the final authority to act on the amendment. The city council
shall, at a regular public meeting, consider the recommendation and issue a final
decision.
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The hearing examiner and city council shall evaluate requests for rezoning
according to the several standards and criteria outlined in KCC 15.09.050.C, E, a
and F, which are discussed in depth later in this report. Such an amendment
shall only be granted if the city council determines that the request is consistent
with these standards and criteria.
II. FINDINGS OF FACT
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r Mayor Dana Ralph
City of Kent Economic&Community
Packet Pg. 366
9.A.b
Sound Transit 250060-0495
REZONE
RPZD-22303743/ RZ-2023-1
PAGE 2OF5
A. PROJECT DESCRIPTION
The applicant requests to rezone a single parcel from MHP - Mobile Home
Park to MTC-2 - Midway Transit Community 2. This parcel is adjacent to
the Kent Des Moines Light Rail Station, located in the Midway Subarea,
and all surrounding parcels are zoned MTC-1 or MTC-2.
B. SITE CHARACTERISTICS J
1. Size: 1.09 acres a_
2. Current Zoning: MHP - Mobile Home Park
3. Requested Zone: MTC-2 - Midway Transit Community 2
4. Comprehensive Plan Designation: TOC - Transit Oriented Center N
5. Land Use: The property is currently vacant and undeveloped. A mobile
home park previously existed on the property. The property was c
acquired by Sound Transit in 2019 to accommodate the construction of a
the Kent Des Moines light rail station, at which point use of the site as Q
a mobile home park was discontinued by Sound Transit. ,
6. Critical Areas: There are no critical areas on the subject site.
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C. PROCEDURAL HISTORY
1. Pre-Application Meeting: None submitted for this site. o
2. Application Submittal: The Rezone application was submitted to the
City and deemed complete on May 3, 2023. N
3. Notice of Application: A Notice of Application for the proposed Rezone W
was issued on May 19, 2023 with a 14-day period, and was made y
available to the public in accordance with KCC 12.01.140 and to
12.01.145 by the following methods:
• Posted notice on the property; 3
• Emailed to agencies, city departments, and parties of record; in
■ Published in the Kent Reporter; and LO
• Posted on the City's webpage. M
M
4. Notice of Public Hearing: A Notice of Public Hearing for the proposed c
Rezone was issued on September 22, 2023 and was made available to a
the public in accordance with KCC 12.01.140 and 12.01.145 by the
following methods: N
■ Posted notice on the property;
• Mailed to property owners within 300 feet of the subject site; N
• Emailed to agencies, city departments, and parties of record; E
• Published in the Kent Reporter; and
• Posted on the City's webpage. Q
5. Public Comments: None received.
D. COMPREHENSIVE PLAN
Packet Pg. 367
9.A.b
Sound Transit 250060-0495
REZONE
RPZD-22303743/ RZ-2023-1
PAGE 3OF5
The City of Kent has adopted a revised Comprehensive Plan pursuant to
the Growth Management Act (Ordinance #4163, 2015). The goals and
policies of the Comprehensive Plan represent an expression of community
intentions and aspirations concerning the future of Kent and the potential
annexation area. The Comprehensive Plan is used by the Mayor, City
Council, Land Use and Planning Board, Hearing Examiner and City
departments to guide decision making relative to development and capital
facility spending. The following Comprehensive Plan goals and policies g
support the proposed development: o
Comprehensive Goal Policy N
Plan Element: a
Land use LU-7; LU-6; LU-6.3; LU-7.3; LU-10.1; cY
LU-1; LU-3 LU-3.1; LU-3.2; LU-2.2; LU- o
1.3
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Housing H-2 H-2.1• H-2.2
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Transportation T-1 T-1.4; T-5.4
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In the Land Use Element of the Kent Comprehensive Plan, the land use
designation for this property is TOC - Transportation Oriented
Community. This designation is intended to encourage dense, mixed use, c
pedestrian oriented, and public transit oriented development types near W
the Kent Des Moines light rail station. The MTC-2 zoning permits this type
of development and serves the goals of the TOC land use designation and
the Kent Comprehensive Plan.
c
E. STATE ENVIRONMENTAL POLICY ACT (SEPA) c
Environmental review is not required under the Washington State M
Environmental Policy Act. This property is categorically exempt under M
WAC 197-11-800(6)(iii) since it is located in the Midway Subarea
(Ordinance 4009, 2011) which was previously subjected to environmental a
review and analysis through an Environmental Impact Statement (EIS).
The EIS adequately addressed the environmental impacts of the rezone.
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F. REZONE APPROVAL CRITERIA E
The following standards and criteria (Kent Zoning Code, Section Q
15.09.050.C) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone. Such an amendment shall only be
granted if the City Council determines that the request is consistent with
these standards and criteria.
1. The proposed rezone is consistent with the Comprehensive Plan.
Packet Pg. 368
9.A.b
Sound Transit 250060-0495
REZONE
RPZD-22303743/ RZ-2023-1
PAGE 4OF5
Planning Services Comment: In the Kent Comprehensive Plan, the subject
parcel is designated as Transit Oriented Community (TOC), which
supports the requested zoning designation of Midway Transit Community
2 (MTC-2). Additionally, the uses allowed by MTC-2 will be consistent with
the goals and policies of the Comprehensive Plan as discussed in Section
D above.
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2. The proposed rezone and subsequent development of the site would
be compatible with development in the vicinity.
a
Planning Services Comment: The surrounding parcels are currently
CY
undeveloped. The structures on these parcels were removed to construct ,
the Kent Des Moines light rail station. Adjacent parcels are zoned MTC-2 0
and MTC-1 for parcels with frontage along Pacific Highway South. Q
Surrounding parcels will be developed similarly to the subject property.
This area is within the Midway Subarea, and all new development is
subject to the Midway Design Guidelines which promotes high quality,
dense, pedestrian and transit oriented development.
0
A rezone of the property to MTC-2 will be consistent with the c
Comprehensive Plan designation of TOC - Transit Oriented Community.
The current MHP zoning district allows for only mobile home parks. The
MTC-2 district allows multifamily residential uses which can be mixed with
a variety commercial uses. The proposed rezone will likely result in more
residential units as the MTC-2 zone has a 200-foot allowable building
height. Given proximity to the new light rail station, higher density c
residential and mixed uses will be an appropriate use as part of a transit-
oriented development. This development type is the goal of the applicant. M
The current MHP zoning does not have development standards that allow M
for dense, transit oriented development and thus is inconsistent with the
adjacent building types, zoning, and Midway design criteria. a
a�
3. The proposed rezone will not unduly burden the transportation system o
in the vicinity of the property with significant adverse impacts which N
cannot be mitigated.
E
Planning Services Comment: Future uses will likely increase traffic due to
the greater density of multifamily residences and commercial uses a
allowed by the MTC-2 versus MHP zone. Given that this site is adjacent to
the Kent Des Moines light rail station, much of the additional
transportation demand is expected to be met by public transit. Private
vehicles will use the surrounding street network. Sound Transit is
upgrading these roadways as part of the light rail station construction.
Transportation impacts resulting from subsequent redevelopment of the
site will likely require mitigation in the form of payment of Transportation
Impact Fees and the developer meeting the requirements of the City of
Packet Pg. 369
9.A.b
Sound Transit 250060-0495
REZONE
RPZD-22303743/ RZ-2023-1
PAGE 5OF5
Kent Design & Construction Standards for roadway improvements if
required.
4. Circumstances have changed substantially since the establishment of
the current zoning district to warrant the proposed rezone.
Planning Services Comment: Sound Transit received funding in 2008 to
extend light rail from SeaTac Airport to the Kent Des Moines light rail g
station site (which is adjacent to the parcel), and further south to the
0
Federal Way Transit Center. The surrounding parcels were part of an area
wide rezone (Ordinance 4013, 2011) that occurred after the adoption of N
the Midway Subarea Plan (Ordinance 4009, 2011). Parcel 250060-0495 a
was not rezoned at that time.
a
Housing and commercial services near reliable public transportation Q
infrastructure, like the light rail station adjacent to the property, has been ,
especially desirable. The rezone proposal to MTC-2 accommodates this
increased demand by allowing a greater development potential for mixed
residential and commercial use structures. While mobile home parks
provide a source of affordable housing types, this site is no longer o
developed with that use and the increased density allowed by the MTC-2
zone will provide substantially more housing units on this light rail N
adjacent property. Sound Transit has identified the subject property and
contiguous parcels as a location for high density transit oriented
development.
5. The proposed rezone will not adversely affect the health, safety and c
general welfare of the citizens of the City of Kent.
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Planning Services Comment: The proposed rezone is consistent with the M
Kent Comprehensive Plan and surrounding properties and will serve to
facilitate an area-wide redevelopment by Sound Transit around the new a
KDM station. Subsequent development on the site will be required to
meet all applicable codes and regulations, including fire and life safety
codes, and mitigation of anticipated environmental impacts. N
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III. RECOMMENDATION
Based on the foregoing findings of fact, it has been concluded that, with Q
conditions, this rezone application complies with applicable codes, regulations,
and approval criteria. Staff recommends approval no conditions.
KENT PLANNING SERVICES
August 30, 2023
Packet Pg. 370
9.A.c
Planning Services
Location: 400 W. Gowe• Mail to:220 4th Avenue South • Kent, WA 98032-5895
Permit Center (253) 856-5302 FAX: (253) 856-6412
KENT www.ci.kent.wa.us/permitcenter
WASHINGTON
PLANNING SERVICES Zoning Map Amendment
(Rezone) Application
Please print in black ink only. Public Notice Board Fee and
Application Fee...See Fee Schedule
Application #: KIVA #: _
OFFICE USE ONLY OFFICE USE ONLY J
Name: Sound Transit g
U
Address/Location: 23453 30TH AVE S 98032 Zone: MHP
King County Parcel Number (s): 250060-0495 Acres: 1.09 y
'/4 Section SE Section 16 Township 22 N Range 4 E
Applicant: (mandatory) a
Name: Sound Transit Daytime Phone: 206-689-4782
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Mailing Address: 401 South Jackson Street Fax Number: 206-398-5215
City/State/Zip: Seattle, Washington 98104 Signature:
Professional License No: Contact Person: Matthew Mateo
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Property Owner 1: (mandatory if different from applicant; attach additional info/signature sheets if more than one
property owner) o
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Name: Daytime Phone:
r
Mailing Address: Fax Number:
City/State/Zip: Signature:
Property Owner 2: (if more than two property owners attach additional info/signature sheets) _
Name: Daytime Phone: Cnn
Mailing Address: Fax Number: M
CID
City/State/Zip: Signature:
The above signed property owners, certify that the above information is true and correct to the best of our knowledge o
and under penalty of perjury, each state that we are all of the legal owners of the property described above and
designate the following party to act as our agent with respect to this application: .2
Agent/Consultant/Attorney: (mandatory if primary contact is different from applicant) Q
w
Name: Daytime Phone:
Mailing Address: Fax Number:
City/State/Zip: License No.: a
Email Address:
OFFICE USE ONLY: ❑ City-Initiated ❑ Privately Initiated
Date Application Received: Received by:
Date Application Complete: Completeness Review by:
GH1-2 psd4046 12_14 p. 1 of 11
Packet Pg. 371
9.A.c
Section 15.09.050 of the Kent City Code outlines procedures for amendments to the City of Kent Official
Zoning Map. Proposed amendments will be considered by the Hearing Examiner after a public hearing,
and the Hearing Examiner's findings, conclusion and recommendation will be submitted to the City Council,
which has the final authority to approve or deny the request. Zoning map amendments (rezones) can be
submitted and considered at any time during the calendar year.
Description of Proposal:
Current Designation Requested Designation --
Zoning Map: Mobile Home Park Midway Transit Community-2
6
v)
Reason/ Rationale for proposed Zoning Map Amendment (Rezone): a
Sound Transit and the City of Kent request a rezone of parcel 250060-0495 from its current
Q.
0
Mobile Home Park designation to Midway Transit Community-2. This rezone request would make a
the parcel consistent with the adjacent properties' MTC-2 zoning designation, the surrounding c
0
properties' MTC-1 zoning designation, the City of Kent's plan for the Midway Subarea, and the
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City of Kent's and City of Des Moines joint vision, "To transform the Midway community into
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a sustainable urban area which enhances commercial development and optimizes its
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geographic location, wide range of transportation options, educational institutions, and views."
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The City of Kent adopted the Midway Subarea Plan in 2011 through Ordinance Number 4009. Cn
The City subsequently implemented area-wide rezones through Ordinance Number 4013. The Cit M
M
approved rezones of all parcels surrounding the subject parcel; however, the City did not rezone o
parcel 250060-0495 at the time.
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Since 2011, Sound Transit started construction on the Federal Way Link Extension, including the
future Kent Des Moines Link light rail station adjacent to parcel 250060-0495. This rezone requesi a
a
would bring parcel 250060-0495 into consistency with the surrounding area and allow the City to
realize its vision for the Midway Subarea.
GH 1-2 psd4046 12_14 p.2 of 11
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9.A.c
Rezone Submittal locations for commercial type land uses.
Requirements Checklist 2. Rezoning to M1-C shall not be specu-
lative in nature, but shall be based on
THE APPLICANT MUST ADDRESS EACH OF generalized development plans and
THE FOLLOWING STANDARDS AND CRITERIA. uses. (Provide drawings and text illus-
THE INFORMATION MUST BE SUBMITTED ON trating the proposed development plans
SEPARATE 8 1/2 X 11-INCH SHEETS OF PAPER, and uses for the rezoned property)
TYPED WITH ONE-INCH MARGINS. PROVIDE ❑ C. If the rezone is proposed to change the
THE FOLLOWING: zoning designation to include a Mixed
❑ A. Seven (7) copies of responses addressing Use Overlay, provide seven (7) copies of a
the following Kent City Code Section responses addressing the following Kent L)
15.09.050 (C) criteria which shall be used by City Code Section 15.09.050 (E) criteria, in
the City Council to evaluate any proposed addition to the responses for Kent City Code
rezone. Such an amendment shall only Section 15.09.050(C), which shall be used a
be granted if the Hearing Examiner and by the City Council to evaluate any proposed
City Council determine that the request rezone to Mixed Use Overlay. Such an
is consistent with these criteria. amendment shall only be granted if the o
City Council determines that the request a
1. The proposed rezone is consistent with is consistent with these criteria.
the Comprehensive Plan U
1. The proposed rezone is contiguous to an
2. The proposed rezone and subsequent de- existing mixed use overlay area or is at
velopment of the site would be compatible least one (1) acre in size.
with the development in the vicinity. 2. The proposed area is located within c
3. The proposed rezone will not unduly close proximity to existing residential N
burden the transportation system in the uses and existing commercial uses
vicinity of the property with significant ad- which would support residential use.
verse impacts which cannot be mitigated. 3. The proposed area is located in close
4. Circumstances have changed substan- proximity to transit stops, parks, and
tially since the establishment of the community facilities. c
current zoning district to warrant the rn
proposed rezone. ❑ D. If the rezone is proposed to change the
zoning designation to Multifamily Residential L
5. The proposed rezone will not adversely Townhouse, provide seven (7) copies of
affect the health, safety, and general responses addressing the following Kent o
welfare of the citizens of the City of Kent. City Code Section 15.09.050 (F) criteria,
M
❑B . If the rezone is proposed to change the in addition to the responses for Kent City Q
zoning designation to M1-C, provide seven Code Section 15.09.050(C), which shall be a
(7) copies of responses addressing the fol- used by the City Council to evaluate any
lowing Kent City Code Section 15.09.050 proposed rezone to Multifamily Residential
(D) criteria, in addition to the responses for Townhouse. Such an amendment shall E
Kent City Code Section 15.09.050(C), which only be granted if the City Council deter-
shall be used by the City Council to evalu- mines that the request is consistent with a
ate any proposed rezone to M1-C. Such an these criteria.
amendment shall only be granted if the 1. The proposed rezone site is adjacent to
City Council determines that the request or has convenient access to an arterial
is consistent with these criteria. street to ensure that the traffic access-
1. The proposed rezone is in close prox- ing the MR-T development minimizes
imity or contiguous to major arterial the disruption to single family residential
intersections identified on the Com- neighborhoods.
prehensive Plan as being appropriate
GRl-2 psd4046 12_14 p.3 of 11
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9.A.c
❑ E. In addition to answering the above criteria, 1) Vicinity map clearly showing the
the applicant must submit all of the following location of the project with respect
information and materials: to public streets and other parcels
and development
1. The completed original application, 2) Property lines
making sure that all of the required sig-
natures are obtained. 3) North arrow and engineering scale
2. Seven (7) copies of complete legal de- (ie.1"=20'; not 1/8"=1'architectural
scriptions of all parcels involved with the scale)
proposed map amendment. 4) King County tax identification --
3. Seven (7) copies of a vicinity map show- number g
U
ing the affected parcels in relation to 5) Lot dimensions o
surrounding properties.
6) All existing and proposed public
4. Seven (7) copies of a map (minimum and private roads, driveway ac- a
scale of one inch = 200 feet) showing all cesses and road right-of-ways and
cY
of the subject parcels which would be access easements with dimen- .,
affected by the proposed map amend- sions and road names. o
ment, the present zoning of all adjoining a
property within 200 feet, and any other 7) All existing major manmade or
information pertinent to this zoning re- natural features
quest. PLEASE FOLD LARGE MAPS TO 8) The location of existing building(s) c
FIT INTO AN 8-1/2"X 14" ENVELOPE g) Dimensions of existing building(s) p`
WITH THE APPLICATION NAME OF a)
THE PLAN SHOWING. 10) Building height and number of c
5. One (1) copy of the site map (Section 4 stories
above) at a reduced size of an 8'/2 x 11- 11) Setback distance from all existing y
inch sheet. structures to property lines
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6. One (1) copy of signed Certificates of 12)Areas of future development
Water and Sewer Availability, if served 13)Adjacent uses (undeveloped, c
by other than City of Kent Water and cn
Sewer. Please verify service district area single family, commercial, etc.) LO
with the Public Works Department prior 14)Water features or wetlands, includ- M
to submitting an application. Certificate ing but not limited to, lakes, ponds, --
forms are attached. saltwater, year-round or seasonal o
streams, creeks, wetlands, gully
7. Environmental checklist application must or natural drainage way, drainage
be completed and all required copies 0.
ditches, etc. a
and supporting materials submitted in a
conjunction with this application. See 15)Critical areas such as hazard
fee schedule for environmental checklist area slopes and endangered wild- E
processing fee. life habitat
8. Seven (7) copies of detailed site plans, b. If the rezone is proposed to change a
drawn to decimal scale. ALL LARGE the zoning designation to M1-C; the
MAPS MUST BE FOLDED TO FIT INTO site plan must also include the fol-
AN 81/2 X 14-INCH ENVELOPE WITH lowing items (#16-30):
THE APPLICATION NAME OF THE 16)The location of proposed
PLAN SHOWING. building(s)
a. All rezone applications must include 17) Dimensions of proposed
the following information on the site building(s)
plans:
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9.A.c
18) Proposed building height and j) Total square footage of parking
number of stories and maneuvering area
19) Setback distance from all pro- k) Total square footage of paved
posed structures to property lines area
20) Location of proposed parking 1) Square footage of required
areas landscaping areas
21)Vehicle loading and unloading 30) Existing tree survey, drawn to a
areas, including truck loading and decimal scale, which must illustrate:
maneuvering area a) The precise location of all trees a
22) Location of paved areas that are six (6) inches caliper or
23) Location of proposed landscape greater at three (3) feet above
areas (include dimensions and grade (forestry standard), in-
area) cluding the location of the drip a
line of each tree
24) Location of stormwater drainage
and detention facilities b) The caliper size of each tree a
at three (3) feet above grade o
25) Location of outside storage areas (forestry standard) a
(include dimensions and area) c) The common name of each U
26) List of all Hazardous materials and tree (i.e. fir, spruce, maple,
waste, the quantities and location alder, etc.)
on site d) Specify which trees are in-
27) Existing and proposed fences tended to be retained or c
(specify type of fence) removed with development
28)Architectural drawings showing all e) The tree survey must address y
existing and proposed building ele- each tree location in relation to
vations. all existing and proposed devel-
29) Required Building Code data on opment on the site including,
all existing and proposed struc- but not limited to, the following Cnn
tures: information:
a) Type of construction per UBC LO
(1) Property lines with lot di- o
mensions.
b) Sprinklered/non-sprinklered o
(2) Proposed and existing build-
c) Occupancy classifications per ing locations 2
UBC Chapter 3 a
(3) All existing and proposed 0
d) Total lot area (square feet) public and private roads,
e) Total building area with area driveway accesses and road
breakdown by levels (1 st floor, right-of-ways and easements
mezzanine, etc.) (access, utility, stormwater,
etc.), with dimensions and a
f) Allowable area calculations road names, including curbs
g) Percent of site coverage and gutters, sidewalks and/
h) Area per occupancy (office, or edges of pavement.
manufacturing, warehouse, (4) Location of all parking
retail, etc.) areas, vehicle loading and
unloading areas, other
i) Total number of parking stalls paved areas, fences, trash
(include handicapped) dumpsters, outdoor storage
GR1-2 psd4046 12_14 p.5 of 11
Packet Pg. 375
9.A.c
areas, and areas reserved
for future development.
(5) Location of all utilities,
stormwater detention facili-
ties and other development
requiring tree removal
(6) Location of all proposed
landscape areas
(7) Sight distance triangles for --
all driveway locations and g
across the corners of prop- U
erties at street intersections.
9. One (1) copy of the site and develop- a
ment plans (Section 8 above) at a
reduced size of 81/2 x 11-inch sheets.
sa.
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All above items and any other material that may
Q
be required by the city must be submitted at the
time of application in order for the application c
to be accepted. The application will then be
reviewed for completeness and a notice of com-
pleteness or incompleteness will be mailed to O
the applicant within 28 calendar days of receipt c
of the application. a
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GR1-2 psd4046 12_14 p.6 of 11
Packet Pg. 376
9.A.c
Planning Services
Location:400 W. Gowe• Mail to:220 4th Avenue South • Kent,WA 98032-5895
Permit Center (253) 856-5302 FAX: (253) 856-6412
KEN T www.ci.kent.wa.us/permitcenter
W A 5 H I N G T O N
PLANNING SERVICES
Zoning Map Amendment (Rezone)
Application Instructions
J
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A zoning map amendment or"rezone"is an application B. Application Form
to change the zoning designation on property for which Requests for zoning map amendments U)
the comprehensive plan map designation is already (rezones) must be submitted on the forms
consistent with the proposed zoning request. A rezone prescribed by Planning Services. Provide cY
is the type of action which requires special consideration all information requested on the application o
prior to being permitted because of its possible impact form. Answer all criteria and standards clear-
on adjacent developments,the environment, and the ly and in as much detail as possible. Return a
growth and development of the City.The purpose of the the completed forms and supporting mate-
rezone process is to allow changes to be made to the rials with the required number of copies and
established pattern of development while encouraging q
proper integration into the existing community of uses. the appropriate fees to the Permit Center.
The nature and characteristics of the proposed zone All items requested on the application and any o
map amendment shall be reviewed during the applica- other material that may be required by the city N
tion and public hearing process to determine whether or must be submitted at the time of application in d
o:
not the designation is appropriate and compatible in the order for the application to be accepted.
location proposed. The Hearing Examiner is authorized C. Fees
to hold a public hearing and make a recommendation
to the City Council under Section 15.09.050 of the Kent There is a nonrefundable application fee for a
City Code. The City Council is authorized to make the Zoning Plan Map Amendment, Environmental c
final decision on zoning map amendments. Checklist and Public Notice Board. See Fee Cn
Schedule for application fees. Checks should Ln
I. Pre-Application Conference be made payable to the City of Kent. M
If an applicant elects to submit for a pre-application D. Environmental Review o
meeting,the meeting shall precede the submittal of any
project permit application and the environmental check- A complete environmental checklist must be U
list, if required.A pre-application meeting is designed submitted in conjunction with this application Q
to bring together the applicant and designated City including all required supporting materials Q
development application review staff(including, but not and the appropriate fee.
limited to, Public Works, Planning, Building, Fire and E. Completeness Review E
Parks)to review and discuss a proposed project in its
preliminary stages. Within twenty-eight (28) calendar days after
receiving the rezone application, Planning a
II. Rezone Application Process Services shall mail or personally provide to the
A. Standing of Applicant applicant a written determination of complete-
ness which identifies, to the extent known by
Zoning map amendments (rezones) may be the city, other agencies with jurisdiction over
initiated by one or more owners of the prop- the rezone application and states either that
erty affected by the proposed amendment, the application is complete or incomplete and,
by resolution of intention of the City Council, if incomplete, what information is necessary to
Planning Services or other administrative make the application complete.
staff of the city.
YEl-2 psd4046 12_14 p.7411
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9.A.c
A determination of completeness shall be from the property within seven (7) days after
made when an application is considered to the conclusion of the public meeting(s). Post-
be sufficient for continued processing even ing and notice board information is available
though additional information may be re- at the Permit Center (253-856-5302).
quired or modifications may be undertaken H. Notice of Application
subsequently. A determination of com-
pleteness does not preclude the city from A notice of application shall be issued within
requesting additional information or studies fourteen (14) calendar days after the City
either at the time of notice of completeness has made a determination of completeness
or at some later time, if new information and at least fifteen (15) calendar days prior
is required or where there are substantial to the public hearing. One notice of appli- a
changes in the proposal. cation will be done for all permit applications L)
When the application is determined to be
related to the same project at the time of the o
earliest complete application
complete, Planning Services shall accept it . '?
and note the date of acceptance. City staff will post the notice of application a
If the city does not provide a written deter- on the public notice board located on the CYproperty and will also post the notice of ap- ..
mination to the applicant that the application plication at Kent City Hall and in the register -°a0
is incomplete, the application shall be for public review at the Planning Services a
deemed complete at the end of the 28-day counter.
completeness review period. The time peri- U
od for review of applications begins following The city will mail a notice of application to
the determination of a complete application. all agencies with jurisdiction and any person
F. Submission of Additional Information for who requests such notice in writing. o
an Incomplete Application The city will publish the notice of application N
If the applicant receives a written deter- in a newspaper of general circulation within
mination from the city that an application is the city.
not complete, the applicant shall have up I. Comment L
to ninety (90) calendar days to submit the Planning Services shall send a copy of the
necessary information to the city. application to each affected agency and city c
If the applicant either refuses in writing to department for review and comment. The rn
submit additional information or does not city will also mail a notice of application to M
submit the required information within the any person who requests such notice in co
ninety (90) calendar day period, the ap- writing. The affected agencies, city depart-
plication shall lapse because of a lack of ments and the public shall have fourteen o
information necessary to complete the review. (14) calendar days to comment on the appli-
Within fourteen (14) calendar days after cation. Planning Services must receive all Q
an applicant has submitted the requested public comments on the notice of application a
additional information, the city shall again by 4:30 p.m. on the last day of the comment a
make the completeness determination as period. Comments may be mailed, personal- F
described above, and shall notify the ap- ly delivered or sent by facsimile. Comments
plicant in the same manner. should be as specific as possible. The
agency or department is presumed to have a
G. Public Notice no comments if comments are not received
The applicant is required to place one or within the specified time period. The Plan-
more public notice boards on the property. ning Manager shall grant an extension of
The public notice board must be placed time only if the application involves unusual
on the property as directed by Planning circumstances. Any extension shall only
Services, and no later than 14 days after a be for a maximum of three (3) additional
determination of completeness. The appli- calendar days.
cant must remove the public notice board(s)
YE1-2 psd4046 12_14 p.8 of 11
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9.A.c
J. Application Modifications D. Public Hearing
Minor changes in the application must be Before making a recommendation, the
submitted no later than two working weeks Hearing Examiner shall hold an open record
prior to the scheduled public hearing on public hearing on any proposed zoning map
the application. Major changes in the ap- amendment.
plication may require a new application Order of Public Hearing Procedures:
submittal and/or a new SEPA determination.
1. Presentation by city staff to describe the
III. Public Hearing Process application, summarize issues present-
A. Scheduling for Hearing Examiner ed, and give a recommendation; J
An application will be scheduled for a hear- 2. Presentation by applicant or representa- g
U
ing before the Hearing Examiner meeting tive; o
after the application has been determined to 3. Presentations, questions or statements
be complete. The date set for a public hear- by members of the public interested in a
ing shall be no more than 100 days after the the application;
application has been determined to be com CY
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plete. This time limit may be extended if an 4. Responses to questions by staff and ap- o
Environmental Impact Statement is required. plicant (rebuttal); a
B. Notice of Public Hearing 5. Final recommendation by city staff (if
City staff will post the notice of public
necessary);
hearing on the public notice board already 6. Applicant and public may be permitted
located on the property. to respond to final recommendations if 0
The city will publish the notice of the public appropriate. c
hearing in a newspaper of general circu- E. Due Process Considerations
lation in the city. Hearings before the Hearing Examiner are y
The city will mail notice of public hearing quasi-judicial proceedings, which means
to the applicant, any person who submits that certain due process protections ap-
written comments on an application and ply. For example, no one may contact the c
all owners of real property as shown by Hearing Examiner in any manner, other �o
the records of the county assessor's office than in the public hearing, for the purpose of ..
within three hundred (300) feet of any por- influencing a decision, nor may the Hearing m
tion of the boundary of the proposed rezone. Examiner participate in any matter where he
Notices shall be mailed, posted and first or she has a financial or personal interest, or o
published not less than ten (10) calendar where he or she has prejudged the matter 2
days prior to the hearing date. in any way. Any person who has grounds to m2
C. Staff Report believe the Hearing Examiner may be influ- a
enced by a consideration outside the public
Planning Services shall coordinate and record should promptly bring that concern to
assemble the comments and recom- the attention of the Hearing Examiner. E
mendations of other city departments and
governmental agencies having an interest IV. Decision Process
in the application and shall prepare a re- A. Decision Criteria a
port summarizing the factors involved and The Hearing Examiner and the City Council
the staff's findings and recommendations. use the criteria in Kent City Code Section
The report will be filed with the Hearing 15.09.050 (C) to evaluate any proposed
Examiner at least seven (7) calendar days rezone. An amendment shall only be
prior to the scheduled hearing and copies of granted if the City Council determines
the report will be mailed to the applicant and that the request is consistent with all of
made available for use by any interested the applicable criteria, and subject to
party for the cost of reproduction. the requirements of Chapter 12.01 of the
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Kent City Code. the reconsideration period, or if reconsideration
1. If the rezone is proposed to change the is accepted, within ten (10)working days after
zoning designation to M1-C, Kent City the decision on reconsideration.
Code Section 15.09.050 (D) criteria, in A copy of the recommendation, including the
addition to the criteria in Kent City Code findings and conclusions, will be mailed to
Section 15.09.050(C), shall be used the applicant and any other parties of record
by the Hearing Examiner and the City who request the information.
Council to evaluate any proposed rezone C. Request for Reconsideration
to M 1-C. [Note:A rezone to the M 1-C
zone shall not be speculative in nature, A party of record who believes that a recom- --
but must be based on generalized devel- mendation of the hearing examiner is based a
opment plans]. on erroneous procedures, errors of law or L)
fact, or the discovery of new evidence which
2. If the rezone is proposed to change the could not be reasonably available at the
zoning designation to include a Mixed cn
prior hearing, may make a written request a
Use Overlay (MU), Kent City Code Sec-
for reconsideration by the Hearing Examiner �
tion 15.09.050 (E) criteria, in addition within five (5) working days of the date the .,
to the criteria in Kent City Code Section recommendation is rendered. If a request -°a
15.09.050(C), shall be used by the Hear- for reconsideration is accepted, a decision is a
ing Examiner and the City Council to not final until after a decision on reconsider-
evaluate any proposed rezone to Mixed ation is issued. c
Use Overlay. [Note:The MU Overlay
boundary may be expanded within the A reconsideration request must set forth
CC, GC or O zones only]. the specific errors or new information re- o
lied upon by such appellant and shall cite c
3. If the rezone is proposed to change the o
specific references to the findings and/or N
zoning designation to Multifamily Resi- criteria. Reconsideration requests should
dential Townhouse (MR-T), Kent City be addressed to: Hearing Examiner, y
Code Section 15.09.050 (F) criteria, in 220 Fourth Avenue S., Kent, WA 98032. L
addition to the responses for Kent City Reconsideration requests are answered in
Code Section 15.09.050(C), shall be writing by the Hearing Examiner within five
used by the Hearing Examiner and the (5) working days of the request. in
City Council to evaluate any proposed ..
rezone to Multifamily Residential Town- D. City Council Decision M
house. [Note:The entire property to be The City Council will consider the Hearing co
rezoned to MR-T must be zoned SR-8, Examiner's recommendation at a regular o
MRD, MRG, MRM, MRH, O, O-MU, City Council meeting and issue a final de- 2
NCC, CC, GC, DC or DCE at the time cision. The City Council can accept, deny 2
of rezone application] or remand the recommendation back to the 0.
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[Note:All multifamily townhouse develop- Hearing Examiner. a
ments in the MR-T zone are required to If the application for a rezone is denied by
be condominiums only]. the City Council, said application will not
B. Hearing Examiner Recommendation be eligible for resubmittal for one (1) year
from the date of the denial unless specifi- a
Following the public hearing, the Hearing cally stated to be without prejudice. Anew
Examiner will make a report of findings, con- application affecting the same property may
clusions and recommendation with respect be submitted if, in the opinion of the Hearing
to the proposed amendment and submit it to Examiner, circumstances affecting the ap-
the City Council, which shall have the final plication have changed substantially.
authority to act on the amendment.
The Hearing Examiner's recommendation shall
be filed with the City Council at the expiration of
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E. Notice of Decision
The city will provide a notice of decision,
which include a statement of any threshold
determination made under SEPA, and the
procedures for appeal. The notice of de-
cision will be mailed to the applicant and
any person who, prior to the rendering of the
decision, requested notice of the decision
or submitted substantive comments on the
application. �—
V. Appeals
The decision of the City Council is appealable to D
the King County Superior Court within twenty-one
(21) calendar days from the issuance of a notice of Q
decision and in accordance with the requirements p1
of KCC Chapter 12.01 and RCW 36.70C. w
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THESE INSTRUCTIONS PROVIDE GENERAL Q
INFORMATION ONLY AND DO NOT REFLECT ,
THE COMPLETE TEXT OF THE PERMIT
PROCESS REVIEW. SEETHE KENT CITY CODE
FOR COMPLETE TEXT AND REQUIREMENTS.
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Any person requiring a disability accommoda- o
tion should contact the city in advance for more
information. For TDD relay service for Braille,
call 1-800-833-6385, For TDD relay service for c
the hearing impaired, call 1-800-833-6388, or
call the City of Kent at (253) 856-5725.
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T SOUNDTRANSIT
March 23,2023
Mr.Matthew Gilbert
Deputy Director—Economic and Community Development
City of Kent
400 West Gowe Street
Kent,Washington 98032 _J
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Subject: Parcel 250060-0495—Rezone Criteria o
Dear Mr. Gilbert: an
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Please find below supporting materials for submission number 2299543. Sound Transit,in partnership with the City CI
of Kent,requests a rezone of parcel 250060-0495 from Mobile Home Park to Midway Transit Community-2.Please a
do not hesitate to contact me by email at matthew.mateogsoundtransit.org or by phone at 206-689-4782. Thank you -0a
for your continued partnership on this project. Q
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Kent City Code 15.09.050(C)(1)-The proposed rezone is consistent with the Comprehensive Plan
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The proposed rezone is consistent with the City of Kent Comprehensive Plan. The parcel is located in the
Transit-Oriented Community designation in the Land Use Plan map,which covers a large area 0
approximately bounded by Kent-Des Moines Road,Pacific Highway S,I-5,and the Midway Landfill.
Accordingly,the immediate adjacent area,including all contiguous parcels, are zoned Midway Transit
Community-2 or Midway Transit Community-1. The City of Kent rezoned the area,including the
contiguous parcels surrounding parcel 250060-0495,in 2011.Rezoning parcel 250060-0495 would bring I-
the parcel into consistency with the surrounding parcels and the City's Comprehensive Plan. a
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Kent City Code 15.09.050(C)(2)-The proposed rezone and subsequent development of the site would be C.n
compatible with the development in the vicinity. M
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The proposed rezone and subsequent development of the site would be compatible with development in a)
the vicinity. The City of Kent rezoned contiguous parcels in 2011 consistent with the Midway Subarea >_
Plan.Parcel 250060-0495 was not included in 2011 area-wide rezone. The subject parcel is now part of the
City of Kent's and Sound Transit's vision for the Midway transit-oriented development adjacent to the z
future Kent Des Moines Link light rail station.As such,the MHP zoning district is no longer consistent
with the current or planned future use of the parcel, and rezoning it to MTC-2 would bring the parcel 0
into consistency with planned development in the vicinity.
0
Kent City Code 15.09.050(C)(3)-The proposed rezone will not unduly burden the transportation system in the a
vicinity of the property with significant adverse impacts which cannot be mitigated.
The proposed rezone will not unduly burden the transportation system.The property is directly adjacent
to the future Kent Des Moines Link light rail station. The property is also part of the City of Kent's and
Sound Transit's vision for the Midway transit-oriented development adjacent to the future light rail
station.
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9.A.d
Kent City Code 15.09.050(C)(4)-Circumstances have changed substantially since the establishment of the current
zoning district to warrant the proposed rezone.
The City of Kent rezoned the surrounding area through Ordinance Number 4013 in 2011. Since that time,
Sound Transit has started construction on the Federal Way Link Extension which includes the future
Kent Des Moines Link light rail station. Sound Transit acquired parcel 250060-0495 to support
construction of the Kent Des Moines Link light rail station.The City of Kent and Sound Transit have
identified the parcel and surrounding contiguous parcels as future transit-oriented development.
Kent City Code 15.09.050(C)(5)-The proposed rezone will not adversely affect the health, safety, and general
welfare of the citizens of the City of Kent. .�
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The proposed rezone will not adversely affect the health,safety,and general welfare of the citizens of the t�
City of Kent.The proposed rezone would bring the subject parcel into consistency with the City of Kent's
Midway Subarea Plan. ?
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Kent City Code 15.09.050(E)(1) -The proposed rezone is contiguous to an existing mixed use overlay area or is at
least one (1) acre in size. CY
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The proposed rezone is contiguous to five parcels zoned Midway Transit Center-2 or Midway Transit
Center-1. Q
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Kent City Code 15.09.050(E)(2) -The proposed area is located within close proximity to existing residential uses
and existing commercial uses which would support residential use.
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The proposed area is located within the City of Kent's and Sound Transit's planned transit-oriented c
development area. The planned development will include a mix of residential and commercial uses m
adjacent to the future Kent Des Moines Link light rail station.
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Kent City Code 15.09.050(E)(3) -The proposed area is located in close proximity to transit stops,parks, and L
community facilities.
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The proposed area is directly adjacent to the future Kent Des Moines Link light rail station.The station �0
will deliver high capacity light rail transit to the area.Additionally,King County Metro will serve the
property and surrounding area with bus service.The proposed area is within the City of Kent's and M
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Sound Transit's planned transit-oriented development area. Community facilities include Highline
College located directly across Pacific Highway South from the planned transit-oriented development
area.
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