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HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 08/20/2024 KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, August 20, 2024 W A S H IN G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 87459075269 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Kaur, Subject Matter Chair A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 6, 2024 4:00 PM B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. INFO ONLY: June 2024 Financial NO Michelle Ferguson 05 MIN. Report D. Consolidating Budget Adjustment YES Paula Painter 10 MIN. Ordinance for Adjustments between April 1, 2024, and June Committee of the Whole Committee of the Whole - August 20, 2024 Regular Meeting 30, 2024 - Adopt Public Safety-Council member Boyce, Subject Matter Chair E. Fifth Amendment to Agreement YES Assistant Chief Eric 10 MIN. with Axon Enterprise, Inc. - Hemmen Authorize F. Project Be Free Professional YES Sergeant Landon Meyer 05 MIN. Services Agreement - Authorize and Ratify Public Works-CounciImember Fincher, Subject Matter Chair G. Joint Funding Agreement with the YES Mike Mactutis 10 MIN. U.S. Geological Survey - Authorize S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Citvclerk@kentwa.gov, unless a person appears in-person,in which case,the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or email CityClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.1 Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes August 6, 2024 Date: August 6, 2024 Time: 4:06 p.m. Place: Chambers a� 1. CALL TO ORDER c Council President Kaur called the meeting to order. - CE 2. ROLL CALL P a Attendee Name Title Status Arrived a Satwinder Kaur Council President Present Bill Boyce Councilmember Excused a 0 John Boyd Councilmember Absent Brenda Fincher Councilmember Present N Marli Larimer Councilmember Present N Zandria Michaud Councilmember Present (o Toni Troutner Councilmember Excused a 3. AGENDA APPROVAL y as A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Zandria Michaud, Councilmember Q. SECONDER: Marli Larimer, Councilmember AYES: Kaur, Fincher, Larimer, Michaud a as 4. DEPARTMENT PRESENTATIONS g A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Jul 16, 2024 4:00 PM Packet Pg. 3 4.A.1 Kent City Council - Committee of the Whole August 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Fincher, Larimer, Michaud B. Payment of Bills - Approve MOTION: I move to approve the payment of bills. a� RESULT: MOTION PASSES [UNANIMOUS] Next: 8/20/2024 7:00 PM c MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember o AYES: Kaur, Fincher, Larimer, Michaud o L Q C. KEHOC PSE Commercial Electric Facilities Contract — Authorize a Engineer in the Public Works Department, Drew Holcomb provided the a Council with details on the agreement with Puget Sound Energy Operations o Center to bring power from the intersection of 124th Ave SE and SE 256th Street to the KEHOC site. This contract will pay PSE to install the wire, N switch, transformer, vaults and other power infrastructure required for power N service at KEHOC. a� MOTION: I move to authorize the Mayor to sign the Commercial Q Electric Facilities Contract with Puget Sound Energy, subject to 0 final terms and conditions acceptable to the Parks Director and r City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 8/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Fincher, Larimer, Michaud a a� D. Salvation Army Homeless Navigation - Authorize Senior Human Resources Coordinator, Lori Guilfoyle provided information on the agreement with the Salvation Army Mobile Outreach Team that will provide crisis support to meet basic needs (food, supplies, clothing, etc.), and case management, housing readiness support, referrals to community- based services and assistance with identifying sustainable permanent housing solutions. This agreement will be paid for with HB 1590 funds that can be utilized for the operation, delivery, or evaluation of: (1) behavioral health treatment programs and services; or (2) housing-related services. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 3 Packet Pg. 4 4.A.1 Kent City Council - Committee of the Whole August 6, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Salvation Army USA, subject to the final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 8/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Fincher, Larimer, Michaud r E. Grant Agreement for Public Defense Services Related to Drug Possession and Public Use Cases - Accept and Authorize — Guilfoyle presented details on the Grant Agreement for Public Defense o Services Related to Drug Possession and Public Use Cases. a The purpose of this Agreement is to provide reimbursement to City of Kent a for the cost of providing public defense services to indigent defendants charged with simple possession or public use drug offenses involving a allegations of possession or public use of a controlled substance, counterfeit o substance, or legend drugs. Authorized reimbursement includes compensation for attorney representation, investigation costs, and expert o services associated with qualifying cases. N MOTION: I move to accept grant funds from the Washington Q Office of Public Defense in the amount of $115,000, amend the o budget, authorize expenditure of the grant funds, and r authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. c RESULT: MOTION PASSES [UNANIMOUS] Next: 8/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember N AYES: Kaur, Fincher, Larimer, Michaud c 5. ADJOURNMENT Council President Kaur adjourned the meeting. Meeting ended at 4:14 p.m. Kiwi b,e,i,ley A. Ko-wwto- City Clerk ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 3 Packet Pg. 5 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: Packet Pg. 6 4.0 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: June 2024 Financial Report SUMMARY: Financial Planning Manager, Michelle Ferguson will present the Council with an overview of the June 2024 Financial Report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. June 2024 Financial Report (PDF) Packet Pg. 7 2024 Monthly Report po 4.C.a City of • General Fund Overview Revenues 120,975,400 56,986,019 Expenditures 123,093,730 54,180,747 Net Revenues Less Expenditures (2,118,330) 2,805,272 Beginning Fund Balance 63,738,811 Ending Fund Balance 61,620,481 50.1% c c� c ii It N O N d Required Ending Fund Balance Calculation = Estimated Expenditures for 2024 (from above) 123,093,730 18.0% z 18% GF Ending Fund Balance 22,156,871 p U- z_ $in million General Fund Ending Fund Balance 10-year History (excluding o Annexation) 70.00 6174 61.62 Q. 60.00 50 50.00 47.66 � 41.97 40.00 32.98 U c 30.00 20.65 21.66 20.00 18.92 ii 11.91 v 10.00 — o 0.00 04 a4 c 2015 2016 2017 2018 2019 2020 2021 2022 2023 Est.2024 ;.o c a� E t v c� Q Page 1 of 14 Packet Pg. 8 June 2024 Monthly Report o 4.C.a City of Kent, . • General Fund Overview - Revenues CategoriesRevenue Taxes: Property 16,165,310 8,647,544 Sales & Use 31,682,150 16,592,344 Utility 26,461,510 13,820,613 Business & Occupation 19,579,930 5,027,623 Other 881,820 310,067 0 Licenses and Permits 7,761,430 4,058,061 Intergovernmental Revenue 3109,350 1,740,870 Charges for Services 7:050,350 3,833,683 Fines and Forfeitures 757,590 579,784 ii Miscellaneous Revenue 2,932,200 2,375,430 0 Transfers In 4,593,760 - `14 d Total Revenues 120,975,400 56,986,019 J z O O U- z 2024 Budgeted General Fund Revenues 0 B&O Taxes 16/o Other Taxes Q. 0.7% Licenses and Permits 6% c Intergovernmental Utility Taxes 22% LL v N O Charges for Services N a� 6% 3 Other }; 16% Fines and Forfeits 15,q t v c� Misc&Transfers In Q 6% Property Taxes Sales Taxes 13% 26% Page 2 of 14 Packet Pg. 9 4.C.a June 2024 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $140,000 Revenues Revenues Revenues January 6,450 6,265 7,588 $120,000 February 6,204 5,388 7,320 $100,000 March 9,524 7,394 7,726 $80,000 April 16,943 19,457 17,651 May 10,441 9,359 9,550 $60,000 - - June 7,157 6,484 7,151 $40,000 - July 11,107 9,084 0 G August 9,206 6,958 0 Q- d $20,000 September 7,953 6,509 0 $0 October 17,945 20,304 0 v Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,109 8,755 0 December 19,976 15,016 0 24Bud f23Prelim 24Act Total 131,014 120,975 56,986 LL N O N PropertyPrior Year Budgeted Actual C $20,000 Revenues Revenues Revenues J January - 0 0 Z $15,000 February 125 102 160 0 March 648 644 519 LL Z April 6,254 6,098 6,652 $10,000 - May 1,378 1,390 1,184 ti June 80 311 132 July 74 56 0 $5,000 August 56 78 0 Q. September 199 270 0 d' $p October 6,497 5,867 0 io Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 648 1,249 0 C M December 95 100 0 r- 24 Bud f23 Prelim 24Act LL Total 16,053 16,165 8,648 14 Prior Year Budgeted Actual N C $401 000 Revenues Revenues Revenues r-� C $35,000 January 2,202 2,354 2,635 d E February 2,609 2,772 3,203 t $30,000 March 2,717 2,475 2,529 _ $25,000 - April 2,711 2,344 2,441 Q $20,000 May 3,087 2,740 3,064 $15,000 June 2,803 2,487 2,719 July 3,074 2,368 0 $10,000 August 3,119 2,822 0 $5,000 - September 2,833 2,622 0 $0 October 2,895 2,668 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,975 2,795 0 December 3,889 3,235 0 �24Bud f23Prelim -4-24Act Total 34,915 31,682 16,592 Page 3 of 14 Packet Pg. 10 June 2024 Monthly Financial Report 4.C.a City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax Prior Year Budgeted Actual $30,000 212evenues Revenues Revenues January 2,517 2,618 2,549 $25,000 February 2,233 2,187 2,384 $20,000 _ March 2,272 2,238 2,346 April 2,452 2,386 2,292 $15,000 - May 2,209 2,159 2,157 _ June 1,943 1,969 2,093 0 $10,000 July 2,308 2,349 0 0. y August 2,014 2,041 0 $5,000 September 2,060 2,234 0 $0 October 2,116 2,079 0 c Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,997 2,080 0 li December 2,032 2,121 0 qt 24 Bud f23 Prelim --+--24Act N Total 26,153 26,462 13,821 N d Other TaxesPrior Year Budgeted Actual $22,000 Revenues Revenues Revenues J Z $20,000 January 2 67 2 0 $18,000 - February 2 2 20 LL $16,000 - March 33 9 0 z $14,000 April 3,373 3,367 4,198 ti $12,000 May 1,772 1,329 958 $10,000 - $8,000 June 100 138 160 $6,000 July 3,339 3,543 0 0 rL $4,000 August 1,704 1,348 0 $2,000 September 219 145 0 $0 i i October 3,853 3,784 0 U c Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 988 1,093 0 December 6,150 5,637 0 LL 24 Bud f23 Prelim --+--24 Act 14 Total 21,536 20,462 5,338 N 0 N 0 • (Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues) Prior Year Budgeted Actual N $35,000 Revenues Revenues Revenues E t $30,000 January 1,728 2,337 2,402 UM r February 1,236 790 1,553 Q $25,000 - March 3,855 2,318 2,331 $20,000 _ April 2,153 1,868 2,068 May 1,996 1,661 2,187 $15,000 June 2,231 2,088 2,047 $10,000 - July 21310 1,995 0 August 2,312 1,576 0 $5,000 September 2,642 1,969 0 $0 October 2,583 2,607 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,501 1,523 0 December 7,810 5,474 0 24 Bud f23 Prelim �24Act Total 32,357 26,205 12,588 Page 4 of 14 Packet Pg. 11 2024 Monthly Report po 4.C.a City of • General Fund Overview - Expenditures City Council 448,480 210,587 Administration 3,519,030 1,335,900 Economic & Community Dev 10,633,510 4,510,632 Finance 3,899,760 1,571,410 Fire Contracted Services 3,749,880 1,990,571 0 Human Resources 2,123,280 784,357 Law 1,735,880 820,016 Municipal Court 4,437,810 2,113,899 q Parks, Recreation & Comm Svcs 24,054,500 10,840,459 Police 58,439,540 29,436,765 u- Non-Departmental 10,052,060 565,786 0 Total Expenditures 123,093,730 54,180,747 c J Z 2024 Budgeted General Fund Expenditures o Z CD Police 47% 0 CL City Council 0.36% Non- - 0 U Departme al 80 Human ii Resources Iq N 2% N Other 0 3% min c 0 0 Law E t 1% ECD Q 9% Parks, Recreation & Finance Comm Svcs 3% Fire Contracted Services 20% Municipal Court 3% 4% Page 5 of 14 Packet Pg. 12 June 2024 Monthly Report City of Kent, Washington General Fund BudgetActual Prelim Adj Beginning Fund Balance 47,660,526 51,504,084 63,738,811 63,738,811 Revenues Taxes: Property 32,835,026 16,052,750 16,165,310 8,647,544 Sales & Use 27,943,579 34,915,382 31,682,150 16,592,344 0 Utility 21,048,283 26,153,099 26,461,510 13,820,613 Business & Occupation 19,517,633 20,367,679 19,579,930 5,027,623 Other 930,044 1,168,377 881,820 310,067 Licenses and Permits 8,567,857 7,345,842 7,761,430 4,058,061 Intergovernmental Revenue 3,406,561 3,310,862 3,109,350 1,740,870 U- It Charges for Services 8,492,824 8,281,105 7,050,350 3,833,683 0 Fines and Forfeitures 590,339 823,389 757,590 579,784 m c Miscellaneous Revenue (375,462) 6,616,771 2,932,200 2,375,430 3 Transfers In 11,445,001 5,978,735 4,593,760 - Total Revenues 134,401,684 131,013,991 120,975,400 56,986,019 0 O Expenditures Z City Council 288,639 415,087 448,480 210,587 Administration 3,031,347 2,757,492 3,519,030 1,335,900 0 Economic & Community Dev 7,791,962 9,259,189 10,633,510 4,510,632 Finance 2,810,207 3,476,740 3,899,760 1,571,410 0 Fire Contracted Services 3,900,542 3,396,485 3,749,880 1,990,571 Human Resources 1,795,361 1,909,651 2,123,280 784,357 Law 1,383,659 1,358,854 1,735,880 820,016 Municipal Court 3,433,032 3,878,284 4,437,810 2,113,899 E ii Parks, Recreation & Comm Svcs 19,439,188 21,804,373 24,054,500 10,840,459 N CD Police 50,394,511 54,011,056 58,439,540 29,436,765 N Public Works - - - 366 c Non-Departmental 36,289,679 16,512,053 10,052,060 565,786 .o Total Expenditures 130,558,126 118,779,264 123,093,730 54,180,747 :a E Net Revenues less Expenditures 3,843,558 12,234,727 (2,118,330) 2,805,272 a a Ending Fund Balance 51,504,084 63,738,811 61,620,481 66,544,082 Ending Fund Balance Detail: General Fund Reserves 51,504,084 63,738,811 61,620,481 based on same year actuals/budget 39.4% 53.7% 50.1% Page 6 of 14 Packet Pg. 13 4.C.a June 2024 Monthly Financial Report City of Kent, Washington General Fund Year-to-Year Month Comparison 2022 i % 011 thru June thru June thru June Variance BudgQ Revenues Taxes: Property 17,385,913 8,484,029 8,647,544 163,515 1.9% 53.5% Sales & Use 13,145,482 16,128,722 16,592,344 463,621 2.9% 52.4% Utility 10,968,522 13,625,506 13,820,613 195,108 1.4% 52.2% Business &Occupation 4,580,641 4,961,799 5,027,623 65,824 1.3% 25.7% Other 236,252 320,553 310,067 (10,487) -3.3% 35.2% a Licenses and Permits 4,089,049 3,322,053 4,058,061 736,008 22.2% 52.3% Intergovernmental Revenue 1,679,254 2,023,941 1,740,870 (283,071) -14.0% 56.0% -ju- Charges for Services 3,432,876 3,377,790 3,833,683 455,893 13.5% 54.4% Z Fines and Forfeitures 314,252 376,312 579,784 203,472 54.1% 76.5% c�a c Miscellaneous Revenue 903,714 2,147,468 2,375,430 227,962 10.6% 81.0% LL Transfers In 285,000 1,950,000 - (1,950,000) -100.0% N Total Revenues 57,020,953 56,718,174 56,986,019 267,845 0.5% 47.1% N m Expenditures City Council 147,744 214,242 210,587 (3,656) -1.7% 47.0% Administration 951,157 869,752 1,335,900 466,148 53.6% 38.0% 1 Economic &Community Dev 3,723,525 4,970,308 4,510,632 (459,675) -9.2% 42.4% p Finance 1,331,302 1,665,581 1,571,410 (94,171) -5.7% 40.3% p Fire Contracted Services 2,244,363 2,107,446 1,990,571 (116,874) -5.5% 53.1% Z Human Resources 863,866 1,044,277 784,357 (259,920) -24.9% 36.9% Law 691,077 645,635 820,016 174,381 27.0% 47.2% ti Municipal Court 1,664,139 1,868,559 2,113,899 245,340 13.1% 47.6% Parks, Recreation & Comm Svcs 8,809,787 10,064,122 10,840,459 776,336 7.7% 45.1% Police 25,169,742 26,488,514 29,436,765 2,948,250 11.1% 50.4% 0 CL Non-Departmental 2,231,160 2,606,398 565,786 (2,040,612) -78.3% 5.6% Total Expenditures 47,827,863 52,544,978 54,180,747 1,635,769 3.1% 44.0% U c c GF Revenues thru June GF Expenditures thru June LL Iq N 20,000,000 35,000,000 N 18,000,000 30,000,000 c 16,000,000 14,000,000 25,000,000 - 12,000,000 20,000,000 10,000,000 ■2022 t 2022 E t 8,000,000 W 2023 15,000,000 0 2023 6,000,000 V 2024 10,000,000 W 2024 Q 4,000,000 T - 2,000,000 _ 5,000,000 -- - 0 0 Property Sales& Utility Other Police Parks *General ECD Non-Dept Taxes Use Taxes Taxes Revenues Govt. &Other *General Govt. includes City Council,Administration, HR, IT,&Finance Page 7 of 14 Packet Pg. 14 4.C.a June 2024 Monthly - • • City of • Fund Balances 2024 2024 2024 • Estimated Estimated Estimated Estimated Beginning Revenues Expenditures Ending Fund Fund Balance Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. 0 General Fund General Fund 63,738,811 120,975,400 123,093,730 61,620,481 Fa Special Revenue Funds c c� c Street Fund 13,386,120 22,396,350 18,466,726 17,315,743 ii LEOFF 1 Retiree Benefits 1,035,037 1,215,960 1,012,130 1,238,867 0 Lodging Tax 395,685 271,470 304,230 362,925 c" m Youth/Teen Programs 526,053 1,152,260 1,112,240 566,073 Capital Resources 27,216,924 29,735,000 33,480,000 23,471,924 Criminal Justice 9,583,141 12,362,500 11,282,667 10,662,973 J z Human Services 3,536,818 4,436,600 3,446,530 4,526,888 O ShoWare Operating 646,975 6,164,460 1,928,620 4,882,815 Z Impact Fee Fund - 950,800 950,800 - Other Operating 496,733 110,330 110,330 496,733 c Debt Service Funds -- Councilmanic Debt Service 743,503 7,383,860 7,813,060 314,303 0. m Special Assessments Debt Service 301,876 698,760 710,000 290,636 Enterprise Funds U c Water Utility 19,296,081 33,043,670 34,489,121 17,850,630 E ii Sewer Utility 4,719,022 39,795,600 40,739,160 3,775,462 N Drainage Utility 13,900,673 27,369,760 27,732,998 13,537,435 N Solid Waste Utility 524,274 1,039,050 1,055,050 508,274 c Golf Complex 1,190,301 3,586,330 3,315,750 1,460,881 :.o c Internala� E Fleet Services 4,534,509 7,285,290 11,174,860 644,939 c� Central Services 172,100 290,830 271,170 191,760 a Information Technology 2,147,830 13,060,870 12,914,540 2,294,160 Facilities 3,237,808 7,373,010 5,853,060 4,757,758 Unemployment 1,336,084 205,750 205,500 1,336,334 Workers Compensation 478,245 1,882,470 3,155,080 (794,365) Employee Health & Wellness 11,202,304 16,825,800 15,229,270 12,798,834 Liability Insurance 4,216,546 4,510,210 5,825,860 2,900,896 Property Insurance 964,658 954,880 990,750 928,788 Page 8 of 14 Packet Pg. 15 June 2024 Monthly rt City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2022 2023 2024 2024 Actual Prelim Adj Budget • Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Revenue Funds Street Fund Revenues 21,474,426 22,469,259 21,432,550 7,672,132 0 Expenditures 18,646,932 21,889,515 21,473,100 7,004,904 Net Revenues Less Expenditures 2,827,493 579,744 (40,550) 667,229 LEOFF 1 Retiree Benefits c Revenues 1,119,751 1,133,198 1,324,150 428,888 c Expenditures 1,375,512 949,548 1,612,800 486,426 Net Revenues Less Expenditures (255,761) 183,650 (288,650) (57,538) o N Lodging Tax 3 Revenues 565,735 288,355 288,810 127,066 Expenditures 244,710 315,544 304,230 198,374 J Net Revenues Less Expenditures 321,025 (27,189) (15,420) (71,308) z0 Youth/Teen Programs O Revenues 1,021,842 1,104,536 1,112,240 596,138 z_ Expenditures 925,650 997,496 1,112,240 3,375 Net Revenues Less Expenditures 96,192 107,041 - 592,763 c Capital Resources Revenues 27,054,816 29,704,278 27,195,870 14,658,627 0 Expenditures 20,632,883 33,422,431 36,676,380 1,518,490 m Net Revenues Less Expenditures 6,421,934 (3,718,153) (9,480,510) 13,140, 338 W 2 Criminal Justice U c Revenues 10,036,211 12,884,719 12,012,420 7,011,607 c Expenditures 9,102,237 13,930,094 13,871,330 5,508,382 M Net Revenues Less Expenditures 933,974 (1,045,375) (1,858,910) 1,503,226 N 0 Human Services `V W Revenues 4,220,533 4,259,194 4,372,640 1,962,929 3 Expenditures 2,813,399 3,030,334 4,388,440 330,265 Net Revenues Less Expenditures 1,407,133 1,228,861 (15,800) 1,632,664 Sho Ware Operating Revenues 1,794,223 6,728,636 1,180,000 7,185 Expenditures 4,130,620 6,822,931 1,928,620 1,257,876 a Net Revenues Less Expenditures (2,336,397) (94,295) (748,620) (1,250,691) Impact Fee Fund Revenues 3,152,179 861,560 4,251,960 437,741 Expenditures 3,152,179 861,560 4,251,960 392,432 Net Revenues Less Expenditures - - - 45,309 Other Operating Revenues 136,681 124,197 110,330 - Expenditures 130,685 52,640 110,330 18,397 Net Revenues Less Expenditures 5,996 71,557 - (18,397) Page 9 of 14 Packet Pg. 16 June 2024 Monthly rt City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2022 2023 2024 2024 Actual Prelim Adj Budget • Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Debt Councilmanic Debt Service Revenues 7,907,603 7,383,860 7,401,000 1,943,778 0 Expenditures 8,563,855 8,259,185 7,813,060 1,939,778 Net Revenues Less Expenditures (656,252) (875,325) (412,060) 4,000 Special Assessment Debt Service Revenues 720,252 800,037 205,250 230,726 Expenditures 682,020 695,278 191,810 - ii Net Revenues Less Expenditures 38,232 104,759 13,440 230,726 N 0 N Enterprise Funds d C 7 Water Utility Revenues 27,653,347 33,855,188 34,450,560 15,104,514 J Expenditures 25,713,818 32,054,033 36,223,510 11,538,144 Z Net Revenues Less Expenditures 1,939,529 1,801,155 (1,772,950) 3,566,370 O O U_ Sewer Utility z Revenues 35,612,755 38,684,259 39,180,400 20,205,407 Expenditures 33,041,535 39,141,008 40,739,160 18,037,824 c Net Revenues Less Expenditures 2,571,220 (456,749) (1,558,760) 2,167,584 0 Drainage Utility Revenues 24,634,562 28,535,988 28,547,290 14,038,170 Expenditures 27,537,869 30,375,568 29,122,550 8,661,216 Net Revenues Less Expenditures (2,903,307) (1,839,580) (575,260) 5,376,954 c Solid Waste Utility U_ Revenues 1,419,785 1,141,925 1,070,560 469,106 N Expenditures 1,151,021 1,207,525 1,252,060 598,840 N Net Revenues Less Expenditures 268,764 (65,600) (181,500) (129,734) Golf Complex Revenues 3,468,448 3,806,199 3,586,326 1,911,135 c Expenditures 2,963,754 3,156,474 3,315,750 1,564,455 E Net Revenues Less Expenditures 504,694 649,725 270,576 346,680 c� Internal Service Funds a Fleet Services Revenues 8,180,653 10,659,550 7,181,920 3,752,650 Expenditures 5,176,283 9,034,285 10,126,620 3,293,180 Net Revenues Less Expenditures 3,004,370 1,625,265 (2,944,700) 459,469 Central Services Revenues 315,714 290,829 378,820 143,357 Expenditures 286,653 305,677 383,640 117,828 Net Revenues Less Expenditures 29,061 (14,849) (4,820) 25,529 Page 10 of 14 Packet Pg. 17 4.C.a June 2024 Monthly - • • City of . • Other Funds Overview (Revenues and Expenditures) Actual Prelim Adj Budget 2022 2023 2024 2024 Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Information Technology Revenues 11,412,426 12,839,697 12,969,340 6,185,756 Expenditures 11,386,844 12,862,146 12,974,480 6,579,655 Net Revenues Less Expenditures 25,582 (22,449) (5,140) (393,899) a a� Facilities Revenues 6,271,666 7,044,933 7,347,980 3,487,708 Expenditures 7,693,874 7,999,644 9,029,030 2,848,295 c� Net Revenues Less Expenditures (1,422,209) (954,711) (1,681,050) 639,414 S ii Unemployment It N Revenues 117,126 235,670 183,080 108,615 N Expenditures 119,475 186,230 227,090 95,038 c Net Revenues Less Expenditures (2,349) 49,441 (44,010) 13,577 Workers Compensation J Revenues 3,172,019 3,962,162 2,971,000 1,535,650 z Expenditures 2,852,220 2,453,276 3,284,970 1,141,578 0 Net Revenues Less Expenditures 319,800 1,508,885 (313,970) 394,072 u- Employee Health & Wellness ti Revenues 15,793,817 17,039,338 16,777,950 8,716,343 Expenditures 14,796,643 15,317,318 16,784,980 7,927,467 Net Revenues Less Expenditures 997,174 1,722,020 (7,030) 788,876 Q. m Liability Insurance Revenues 8,677,522 6,691,790 5,826,000 3,061,620 Expenditures 5,626,577 5,015,392 6,008,120 4,092,714 Net Revenues Less Expenditures 3,050,944 1,676,398 (182,120) (1,031,094) M v N Property Insurance N Revenues 1,171,973 1,456,200 1,456,420 739,356 c Expenditures 814,057 985,342 1,334,640 563,456 Net Revenues Less Expenditures 357,915 470,858 121,780 175,900 a� E Other Fund Revenues Other Fund Expenditures 2 a 80,000,000 o Special 80,000,000 p Special 70,000,000 Revenue 70,000,000 60,000,000 Funds 60,000,000 Revenue 50,000,000 Li Enterprise 50,000,000 _ Funds 40,000,000 Funds 40,000,000 u Enterprise 30,000,000 - 30,000,000 Funds 20,000,000 - o Internal 20,000,000 10,000,000 Service 10,000,000 0 0 - o Internal Funds 2022 2023 2024 Service 2022 2023 2024 Actuals Prelim Budget Page 11 of 14 Actuals Prelim Budget Funds Packet Pg. 18 ReportJune 2024 Monthly Financial City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 8,102,496 7,401,078 7,672,132 271,054 3.70r Expenditures 8,161,924 6,752,327 7,004,904 252,576 3.7°r Net Revenues Less Expenditures (59,427) 648,751 667,229 a a� LEOFF 1 Retiree Benefits Revenues 490,399 450,402 428,888 (21,514) Expenditures 726,043 530,267 486,426 (43,841) -8.30r ca Net Revenues Less Expenditures (235,644) (79,866) (57,538) ii It Lodging Tax c Revenues 385,214 120,558 127,066 6,508 5.40r " Expenditures 85,812 112,277 198,374 86,097 76.70r a Net Revenues Less Expenditures 299,402 8,281 (71,308) Youth/Teen Programs Z Revenues 541,958 591,532 596,138 4,605 0.80r O Expenditures 3,140 3,310 3,375 65 2.00r O Net Revenues Less Expenditures 538,818 588,223 592,763 z Capital Resources a, Revenues 12,669,485 14,430,490 14,658,627 228,137 1.60r c Expenditures 1,621,715 3,021,217 1,518,490 (1,502,727) -49.70r Net Revenues Less Expenditures 11,047,770 11,409,273 13,140,138 _ Q. Criminal Justice Revenues 4,877,511 5,323,278 7,011,607 1,688,329 31.70r Expenditures 4,003,065 4,321,871 5,508,382 1,186,511 27.50r Net Revenues Less Expenditures 874,446 1,001,408 1,503,226 ii Human Services v 04 Revenues 1,939,421 2,048,411 1,962,929 (85,482) -4.20r N Expenditures 66,507 328,043 330,265 2,222 0.70r Net Revenues Less Expenditures 1,872,914 1,720,368 1,632,664 ShoWare Operating c Revenues - 1,395 7,185 5,790 415.10r E Expenditures 1,493,739 1,743,451 1,257,876 (485,576) -27.90r Net Revenues Less Expenditures (1,493,739) (1,742,057) (1,250,691) Admissions Tax revenues received quarterly (April, July, September, January) Q Impact Fee Fund Revenues 1,526,324 532,908 437,741 (95,166) -17.90r Expenditures 1,072,394 513,108 392,432 (120,676) -23.50r Net Revenues Less Expenditures 453,930 19,800 45,309 Other Operating Revenues 14,103,014 12,250 - (12,250) -100.00r Expenditures 26,955 1,615 18,397 16,782 1039.10r Net Revenues Less Expenditures 14,076,058 10,635 (18,397) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 19 ReportJune 2024 Monthly Financial City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Councilmanic Debt Service Revenues 2,216,099 2,103,745 1,943,778 (159,967) -7.60r Expenditures 2,235,772 2,126,173 1,939,778 (186,395) -8.80r Net Revenues Less Expenditures (19,673) (22,428) 4,000 a a� Debt service payments are generally due in June and December. Special Assessments Debt Service L) Revenues 138,318 147,872 230,726 82,854 56.00r Expenditures 3,265 - - - Net Revenues Less Expenditures 135,053 147,872 230,726 N 0 Enterprise Funds N C 7 Water Utility Revenues 12,748,413 14,626,740 15,104,514 477,775 3.30r J Expenditures 9,550,766 11,031,633 11,538,144 506,511 4.60r z Net Revenues Less Expenditures 3,197,647 3,595,106 3,566,370 O O Sewer Utility u_ Revenues 17,411,849 18,820,762 20,205,407 1,384,646 7 4°r Z Expenditures 15,978,078 17,332,896 18,037,824 704,928 4.10r rn Net Revenues Less Expenditures 1,433,772 1,487,866 2,167,584 Drainage Utility V_ Revenues 12,200,411 13,243,634 14,038,170 794,535 6.00r Q. Expenditures 8,207,612 8,604,207 8,661,216 57,009 0.70r Net Revenues Less Expenditures 3,992,799 4,639,427 5,376,954 U Solid Waste Utility Revenues 384,852 519,311 469,106 (50,205) -9.70r c Expenditures 625,681 616,082 598,840 (17,242) -2.80r u_ Net Revenues Less Expenditures (240,830) (96,771) (129,734) c Golf Complex W Revenues 1,618,537 1,719,656 1,911,135 191,480 11.10r 3 Expenditures 1,436,092 1,597,780 1,564,455 (33,325) -2.10r Net Revenues Less Expenditures 182,445 121,876 346,680 c a� E Internal Service Funds t c� Fleet Services Revenues 2,888,281 4,090,526 3,752,650 (337,876) -8.30r Q Expenditures 2,456,338 4,681,604 3,293,180 (1,388,424) -29.70r Net Revenues Less Expenditures 431,943 (591,078) 459,469 Central Services Revenues 128,837 158,411 143,357 (15,054) -9.50r Expenditures 89,944 111,497 117,828 6,331 5.70r Net Revenues Less Expenditures 38,892 46,914 25,529 Information Technology Revenues 4,913,702 5,673,405 6,185,756 512,351 9.0°r Expenditures 5,257,186 5,915,538 6,579,655 664,118 11.20r Net Revenues Less Expenditures (343,485) (242,133) (393,899) Page 13 of 14 1 Packet Pg. 20 June 2024 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2022 2023 2024 thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Facilities Revenues 2,791,256 3,070,645 3,487,708 417,063 13.60r Expenditures 2,569,320 3,419,451 2,848,295 (571,156) -16.70r Net Revenues Less Expenditures 221,935 (348,806) 639,414 Unemployment 0- Revenues 81,162 99,163 108,615 9,452 9.50r 0 IX Expenditures 65,249 122,447 95,038 (27,409) -22.40r Net Revenues Less Expenditures 15,913 (23,284) 13,577 c� Workers Compensation LL Revenues 763,790 981,086 1,535,650 554,564 56.50r t Expenditures 1,064,106 1,347,560 1,141,578 (205,982) -15.30r o Net Revenues Less Expenditures (300,316) (366,474) 394,072 m c Employee Health & Wellness Revenues 7,945,030 8,313,342 8,716,343 403,001 4.80r J Expenditures 7,427,820 7,567,050 7,927,467 360,417 4.80r z Net Revenues Less Expenditures 517,211 746,293 788,876 O O u_ Liability Insurance z Revenues 1,643,541 2,208,648 3,061,620 852,973 38.60r Expenditures 2,594,083 3,441,144 4,092,714 651,570 18.90r c Net Revenues Less Expenditures (950,541) (1,232,497) (1,031,094) Property Insurance 0 CL Revenues 391,196 478,840 739,356 260,515 54.40r � Expenditures 402,814 428,377 563,456 135,079 31.50r Net Revenues Less Expenditures (11,618) 50,464 175,900 c c ii Other Fund Revenues thru June Other Fund Expenditures thru June N 0 N 60,000,000 c 50,000,000 50,000,000 40,000,000 40,000,000 - E 30,000,000 - v 30,000,000 02022 ■2022 +° 20,000,000 - 02023 20,000,000 0 2023 Q 10,000,000 _ u 2024 10,000,000 a 2024 0 0 Special Enterprise Internal Special Enterprise Internal Revenue Funds Service Funds Revenue Funds Service Funds Funds Funds Page 14 of 14 Packet Pg. 21 4.D FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5264 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2024, and June 30, 2024 - Adopt MOTION: I move to adopt Ordinance No. 4497, consolidating budget adjustments made between April 1, 2024, and June 30, 2024, reflecting an overall budget increase of $6,349,580. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $6,349,580. Adjustments totaling $6,069,620 have previously been approved by Council and are summarized as follows: $5,719,260 in grants as follows: $3,070,000 WSDOT grant for 64t" Avenue South and West James Street. $1,880,000 WSDOT grant for Meeker and 641" Avenue. $463,070 KCFCD grants for Signature Pointe Levee ($249k) and Earthworks Sediment Pond replacement ($214k). $239,250 TIB grant for Reith Road Roundabout. $100,310 in Criminal Justice grants including 2023 JAG grant ($52k), CJT grant for a wellness program ($40k), WTSC mini grant ($4k) and SATPA Club grant ($4k). $60,000 for the transfer ($30k) and established budget ($30k) for an LTAC grant to the Kent Events Center. $(93,370) for truing up of prior years' CDBG grants. $350,360 in other previously approved budget changes as follows: $320,360 in Recycling grant carryforward budgets that were previously approved in 2023. $30,000 increase to Audit Fees for the 2023 Audit. The remaining adjustments totaling $279,960 have not been previously approved by Council and include: $166,890 to move ECD's contribution to the Comprehensive Plan project. $75,000 for the cleanup of environmental areas along the Green River. $38,070 for the placement of logs along Green River Road. BUDGET IMPACT: These expenditures are funded by grants, existing fund Packet Pg. 22 4.D balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Budget Adj Ordinance Q2 2024 Supp (PDF) Packet Pg. 23 4.D.a 4 N O N r Q Q C d r-+ d ORDINANCE NO. 4497 c a� E r U) AN ORDINANCE of the City Council of the a City of Kent, Washington, approving the ,0 consolidating budget adjustments made between 0 April 1, 2024 and June 30, 2024, reflecting an overall budget increase of $6,349,580. L O Q� E RECITALS U) ., A. Expenditures as classified in the final, adopted budget Q a� constitute the City's appropriations for that year. After adoption, there are m a variety of events that will precipitate the need to amend the adopted r budget, such as grant awards, bonds issuance, collective bargaining agreements, and additional budget requests. These modifications are 0 periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. o a a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c N N ORDINANCE c c SECTION 1. - Budget t Adjustments. The 2023-2024 biennial budget o is amended to include budget fund adjustments for the first quarter of 2024 a r from April 1 to June 30, 2024, as summarized and set forth in Exhibit A, which is attached and incorporated into this ordinance. Except as amended m r 1 2023-2024 Budget Adjustment E Second Quarter 2024 r r Q Packet Pg. 24 4.D.a 4 by this ordinance, all terms and provisions of the 2023-2024 biennial budget N Ordinance No. 4451, as amended by Ordinance Nos. 4465, 4472, 4475, r 4479, 4481 and 4492, shall remain unchanged. a c a� a� SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance E r and the same shall remain in full force and effect. Q L SECTION 3. - Corrections by City Clerk or Code Reviser. Upon '° a� approval of the City Attorney, the City Clerk and the Code Reviser are c 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. E SECTION 4. - Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. m r September 3, 2024 0 DANA RALPH, MAYOR Date Approved c U ATTEST: o 00 O v a September 3, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted U) v N O September 6, 2024 N Date Published or d U c APPROVED AS TO FORM: O a r TAMMY WHITE, CITY ATTORNEY m r c 2 2023-2024 Budget Adjustment E Second Quarter 2024 r r a Packet Pg. 25 4.D.a Exhibit A 4 City of Kent N Budget Adjustment Ordinance r Adjustments April 1, 2024 to June 30, 2024 a Total 0 Fund Title Previously Approval Adjustment 0 Approved Requested Ordinance N General Fund 30,000 - 30,000 aD Lodging Tax Fund 30,000 - 30,000 E Capital Improvement Fund - 166,890 166,890 .21 Criminal Justice Fund 100,310 - 100,310 Q L Human Services Fund (93,370) - (93,370) ,0 Kent Events Center Operating 30,000 - 30,000 c Street Capital Projects Fund 5,189,250 38,070 5,227,320 Parks Capital Projects Fund - 75,000 75,000 Drainage Operating Fund 463,070 - 463,070 Solid Waste Fund 320,360 - 320,360 Total 6,069,620 279,960 6,349,580 N Q r a� a� m a� c r 0 c 0 U 0 0 0 v a a U) v N 0 N N d V C R C E L 0 a r m r E M r r a Packet Pg. 26 4.D.a Budget Adjustment Detail for Budget Changes April 1, 2024 to June 30, 2024 0 N Approval Previously Not Previously Total r Date or Approved by Approved by Adjustment Other Fund Council Council Ordinance Q General Fund O N Increase 2023 Audit Budget 4/2/2024 30,000 30,000 3 Total General Fund 30,000 - 30,000 s? Lodging Tax Fund +N+ Transfer LTAC Grant to ShoWare 2/20/2024 30,000 30,000 N Total Lodging Tax Fund 30,000 - 30,000 to 7 Capital Improvement Fund Move 2024 Comp Plan Budget to project 166,890 166,890 Q Total Capital Improvement Fund - 166,890 166,890 p d Criminal Justice Fund v C 2023-2024 WTSC Mini Grant KCC 3.7 4,000 4,000 O C 2023 JAG Budget KCC 3.7 51,710 51,710 :a CJT Grant for Wellness Program KCC 3.7 40,000 40,000 0 2024 WATPA Club Grant KCC 3.7 4,600 4,600 �. Total Criminal Justice Fund 100,310 - 100,310 E Human Services Fund N 7 Block Grant- Use of prior year funds KCC 3.7 154,810 154,810 True up of prior year CDBG budgets KCC 3.7 (248,180) (248,180) Q Total Human Services Fund (93,370) - (93,370) N Kent Events Center Operating m Establish budget for LTAC Grant to ShoWare 2/20/2024 30,000 30,000 Total Kent Events Center Operating 30,000 - 30,000 O Street Capital Projects Fund WSDOT Grant for 64th Avenue South and West James Street 3/19/2024 3,070,000 3,070,000 O to Logs along Green River Road 38,070 38,070 r- O WSDOT grant funding for Meeker and 64th Avenue 7/18/2023 1,880,000 1,880,000 U TIB Grant for Reith Road Roundabout 5/7/2024 239,250 239,250 Total Street Capital Projects Fund 5,189,250 38,070 5,227,320 Oro 0 v Parks Capital Projects Fund Green River Road Environmental Clean up Project 75,000 75,000 Q- Total Parks Capital Projects Fund - 75,000 75,000 N Drainage Operating Fund p KCFCD Grant for Signature Pointe Levee 2/26/2024 249,210 249,210 N KCFCD Grant for Earthworks Sediment Pond Replacement 2/6/2024 213,860 213,860 Cy Total Drainage Operating Fund 463,070 - 463,070 N v C Solid Waste Fund c 2023 Recycling Grant Carryforwards 2023 320,360 320,360 Total Solid Waste Fund 320,360 - 320f360 0 'a Grand Total All Funds 6,069,620 279,960 6,349,580 Q r N Z3f 7 0] a+ C d E t v O r a Packet Pg. 27 4.E POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-852-2121 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Fifth Amendment to Agreement with Axon Enterprise, Inc. — Authorize MOTION: I move to authorize the Mayor to sign the Fifth Amendment to the Master Services and Purchasing Agreement with Axon Enterprise, Inc., subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: The City has a five-year contract with Axon Enterprise, Inc. that expires in September of 2029. Through that agreement, the police department is equipped with body worn cameras ("BWC"), tasers, in-car cameras, a records management system and the associated software. This Fifth Amendment adds (1) Axon Investigate Pro, (2) Axon Air, (3) Draft One, and (4) two Interview Rooms, each described in further detail below. Axon Investigate Pro Axon Investigate Pro is a software program that allows detectives to review footage from almost any proprietary video and then allows for the video to be changed to an AVI or MP4 format. The software allows for videos to be played side by side, has an enhancement tool to provide clarity in videos, allows for generation of reports with embedded video clips, and allows text to be added to videos. All detectives will have the ability to use Axon Investigate Pro. Axon Air Axon Air is a program that allows for real time viewing when drones are deployed. This will help with situational awareness for in-progress calls, allowing officers to back away and give more distance (de-escalation) when needed, and will assist the traffic team in their investigations. Axon Air allows for all drone footage to be sent directly to Evidence.com, eliminating a step that officers currently perform to save drone footage into Evidence.com. It also provides a management program which will keep track of the training each drone operator has attended, keeps their flight logs, and keeps the department up to date on the licenses needed from the FAA to fly drones in the area. Packet Pg. 28 4.E Draft One Draft One is a program that uses the audio recording of the interaction between all parties from the body worn camera footage and develops a narrative for a case report. It is a draft narrative that must be added on to and approved by the officer. Interview Rooms This Amendment includes the necessary hardware, software, and installation fees for two additional interview rooms. One interview room will be in the Detective area, and the other will be in the holding cells at the station. This will allow officers to capture video of anyone detained in the holding cell and conduct interviews while the subject is in the holding cell, without delay. The total cost for Axon Investigate Pro, Axon Air, Draft One, and two interview rooms, through September 2029, is $686,307.85. With the authorization sought tonight, the amended value of the City's contract with Axon Enterprise, through September 30, 2029, is $9,780,818.43. In accordance with KCC 3.70.240(B), this amended contract value will be used to determine authority to authorize future contract amendments. The quote provided by Axon, which is attached to the Agreement as Attachment E and accounts for a substantial discount on the Draft One product, expires on August 30, 2024. For that reason, this Agreement will proceed to Council for final action at its City Council meeting the same night. BUDGET IMPACT: Total costs under the terms of this Fifth Amendment is $686,307.85, which will be paid for utilizing the Red-Light Camera revenues. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Axon Kent PD (WA) - Amendment 5 (PDF) Packet Pg. 29 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N This Fifth Amendment("Amendment") is between Axon Enterprise, Inc. (f/k/a Taser International, o Inc.), a Delaware corporation ("Axon"), and the Kent Police Department ("Agency"). This Amendment is effective as of the last signature date on this Amendment ("Effective Date"). Axon a i and Agency are each a "Party" and collectively "Parties". c Axon and Agency are parties to the Master Services and Purchasing Agreement by and between ai the Kent Police Department and Axon Enterprise, Inc. dated June 25, 2019 ("Agreement"). Q L The Parties wish to incorporate further changes into the Agreement in order to expand the scope of offered products. Specifically, Agency wishes to add Axon Investigate Pro, Draft One, Axon W c Air, and associated hardware and services to the Agreement. x Q The Parties therefore agree to amend the Agreement as follows: r 3 1. Add and incorporate Attachment A—Axon Investigate Appendix as E 2. Add and incorporate Attachment B — Draft One Appendix L a� a 3. Add and incorporate Attachment C — Statement of Work for the Implementation of Axon r Interview Room for Kent Police Department—WA ("SOW'), dated E 4. Add and incorporate Attachment D — Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum. E 5. Add and incorporate Attachment E —Quote Q-481498-45504.006CN. 6. All other terms and conditions of the Agreement shall remain unchanged and in full force o and effect. LO Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature. E c as E a Axon Enterprise, Inc. Agency Q Signature: Signature: a c m Y c Name: Name: o x a Title: Title: E z U r Q Date: Date: Packet Pg. 30 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement W N ATTACHMENT A o z Axon Investigate Appendix a i If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License,the following appendix shall apply. m 1. License Grant. Subject to the terms and conditions specified below and upon payment of the a applicable fees set forth in the Quote,Axon grants to Agency a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") for the duration of W c subscription term set forth in the Quote.This Agreement does not grant Agency any right to 0 x enhancements or updates, but if such are made available to Agency and obtained by Agency Q they shall become part of the Software and governed by the terms of this Agreement. 3 2. Third-Party Licenses.Axon licenses several third-party codecs and applications that are E integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Agency agrees to and Q understands that an active support contract is required for all of the following features: DNxHD 0 r output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Agency terminates the E annual support contract with Axon,the features listed above will be disabled within the c m Software. It is recommended that users remain on an active support contract to maintain the E full functionality of the Software. w 3. Restrictions on Use.Agency may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Agency may not modify,translate, o 0 reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such 'n restrictions. Agency may not rent, lease, sublicense, grant a security interest in or otherwise transfer Agency's rights to or to use the Software.Any rights not granted are reserved to Axon. c m 4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined E period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Agency fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice.The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 C shall survive termination of this Agreement. For licenses leased for a pre-determined period, for a evaluation licenses, companion licenses, as well as temporary licenses,the license is granted for Y a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Agency. Q 5. Title.Axon and its licensors shall have sole and exclusive ownership of all right,title, and interest in and to the Software and all changes, modifications, and enhancements thereof E (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the U r form or media in which the original or copies may exist, subject only to the rights and privileges Q expressly granted by Axon.This Agreement does not provide Agency with title or ownership of the Software, but only a right of limited use.Agency owns all Agency Data that Agency inputs, Packet Pg. 31 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement W N submits, uploads or transfers, or causes to be inputted, submitted, uploaded, or transferred to 0 z Software. Further,Axon shall not share that Agency Data with third parties, shall not reproduce that Agency Data or use, mine, or analyze that Agency Data other than in performing its a i obligations to Agency under the parties' Agreement. 6. Copies.The Software is copyrighted under the laws of the United States and international treaty N provisions. Agency may not copy the Software except for backup or archival purposes, and all 0_ L such copies shall contain all Axon's notices regarding proprietary rights as contained in the Software as originally provided to Agency. If Agency receives one copy electronically and W c another copy on media, the copy on media may be used only for archival purposes and this 0 x license does not authorize Agency to use the copy of media on an additional server. a r 7. Actions Required Upon Termination. Upon termination of the license associated with this 3 Agreement,Agency agrees to destroy all copies of the Software and other text and/or graphical documentation,whether in electronic or printed format, that describe the features,functions and operation of the Software that are provided by Axon to Agency ("Software Documentation") 0 or return such copies to Axon. Regarding any copies of media containing regular backups of c r Agency's computer or computer system, Agency agrees not to access such media for the purpose of recovering the Software or online Software Documentation. E E 8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, a if required, of the office of Export Administration of the United States, Department of w Commerce, nor to any country to which the U.S. has embargoed goods,to any person on the U.S.Treasury Department's list of Specially Designated Nations, or the U.S. Department of co Commerce's Table of Denials. LO 9. U.S. Government Restricted Rights.The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and E agency supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and E Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) a through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon C Enterprise, Inc., 17800 North 85th Street, Scottsdale,Arizona 85255. a c m Y c 0 x a E a Packet Pg. 32 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N ATTACHMENT B o Draft One Appendix a i If the Quote includes Axon's Al Assisted Report Writing known as Draft One,the following appendix shall apply. m 1. Restrictions on Use by Axon.Axon may impose usage restrictions if a single user generates a more than one hundred (100) reports per month for two or more consecutive months. w 2. Restrictions on Use by Agency. Agency will determine, in its sole discretion,when to commence r_ 0 use of the Draft One product and which Agency employees will have access to Draft One.Axon Q agrees not to make Draft One available to Agency users prior to Agency's written authorization. r Agency makes no promise or guarantee to use Draft One in an Agency wide deployment. 3 Agency may restrict Draft One usage by incident type, charge level, or whether an arrest was made. Further,Agency will only use Draft One to the extent that use has been authorized by Agency's misdemeanor and felony prosecutors. Axon further represents and agrees Agency Q administrators may restrict access to Draft One to certain Agency users. 0 r 3. Agency Data.Axon recognizes and agrees that Agency owns all Agency Data that Agency inputs, submits, uploads or transfers, or causes to be inputted, submitted, uploaded, or utilized by Draft c One at Agency's discretion.Axon agrees not to collect, copy, store, or utilize Agency Data for Axon's own proprietary purposes. Further,Axon shall not share that Agency Data with third Q parties except as authorized in the Agreement, and shall not reproduce that Agency Data or use w it to train Draft One for users other than Agency, shall not mine or analyze that Agency Data for purposes other than fulfilling Axon's obligations to Agency under the parties' Agreement.Axon o 0 agrees that it will encrypt in accordance with this Agreement and that no transcripts or reports will be retained post-termination or after deletion by Agency in accordance with the Agreement 'n or shared by Axon.Agency expressly declines to join Axon's Customer Experience Improvement Program. Axon agrees it will not use any Agency Data to improve or train its Draft One product or the generative Al (artificial intelligence) model or algorithm upon which Draft One relies. a 4. Integration. Draft One is an integral component of Evidence.com. Report generation is performed using resources within the Axon cloud platform and is therefore CIS compliant without relying on any external resources or third parties. o IL 5. Generating Reports.Axon agrees multiple body-worn recordings may be selected to create a single draft report and a draft report will be generated within five minutes of an incident Y concluding and the user ending the body worn camera recording, given there is sufficient LTE 0 connectivity. Draft One is a tool to assist in the drafting of reports and users are required to Q review reports for accuracy prior to submission. E 6. Agency-Customized Disclaimer. Agency may develop a custom disclaimer that users accept by U applying their digital signature prior to submitting a report generated by Draft One. By attaching f° their digital signature to the disclaimer,the user is not waiving any rights or guarantees granted Q to Agency under this Agreement.Agency may modify the disclaimer at its convenience. Packet Pg. 33 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N 7. Training.Axon will schedule an initial kick-off meeting with the agency to review configuration, o z typical usage, and best practices. Draft One training resources are also available online, including the product guide at MyAxon, and course material on Axon Academy.Additionally,the Q i Agency's Customer Success Manager(CSM) can coordinate additional training or assistance with c setup. m 8. Representations and Warranties.Axon represents and warrants to Agency that: 0- (a)Axon will comply with all applicable laws, rules, regulations and orders of any governmental w authority in performing Axon's obligations under this Agreement, including all state and federal r_ 0 privacy laws and laws protecting personally identifiable information. Axon further warrants that Q it will not use any personally identifiable information collected from Agency through Draft One to train or improve its generative-AI model or algorithm; 3 c a� (b) The purpose of Draft One is not to write a complete report as the Agency Data is under the E m control of the City users where an Axon Device captures only audio.The City user will need to edit L reports as necessary with information that is not captured in the audio recording. Q 0 r (c)The use of Draft One will not require Agency Data to leave Agency's tenancy of Evidence.com m (d) Agency Data will not be used to train a model. c m E Q w ii co 0 LO c m E c m E Q C IL c m Y c 0 x a E a Packet Pg. 34 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N •L 0 t 7 Q I v C m �L Q L r W r- 0 x Q r 3 ATTACHMENT C E Statement of Work ("SOW') for the Implementation of Axon Interview Room L a� for Kent Police Department—WA Q 0 r c m E See Next Page a� E a w U- co 0 LO c m E c m E Q C a c m Y c 0 x a E a Packet Pg. 35 STATEMENT OF WORK FOR THE 00 IMPLEMENTATION OF AXON INTERVIEW ROOM Ln FOR KENT POLICE DEPT . - WA ( " SOW " ) Submitted By: Axon Enterprise, Inc. (Axon) North 851h Street • 4.E.a 1 . PROJECT OVERVIEW : 0 x a 1 . 1 SOFTWARE 3 The hardware and software detailed in this SOW includes, the listed functionality. / Axon Interview Room L Q 1 . 2 DEFINITIONS E PARTIES E E Agency Kent Police Dept.-WA who is identified within this SOW a t r End-Users Specific Agency groups that will use the system LL Professional Services The services that Axon will provide within the scope of this SOW 00 SYSTEMS LO Axon Systems Software solutions and Agency specific integrations developed by Axon c CJIS The Federal Bureau of Investigation's Criminal Justice Information System E NCIC National Crime Information Center a� Product The hardware and software solution being implemented as part of this SOW Q Production Environment The operational environment where the Product will be accessed Q PROJECT & MILESTONES 0 Project Scope of this SOW as defined by the work to be completed described herein a c Project Change Order(PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required Y to this SOW c 0 ACCEPTANCE Q Blocker Issue impacting 50%or more users Functional Acceptance Testing Testing the functionality of the system as configured for Agency a PAGE 2 Packet Pg. 37 4.E.a c O x Q z 3 r c m 1 . 3 OUT OF PROJECT SCOPE L Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that Q are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope O of thisProject: a� / Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure E c / Third Party Products and Services costs related to the vendors or Agency's cost of implementing the vendors or Agency's side of the integration a t / Changes made by Agency or Agency's vendors LL r 00 O LO C N E C N E Q d C N C O K Q r C d E t v a PAGE 3 Packet Pg. 38 4.E.a 2 . PROFESSIONAL SERVICES : 0 x Q z 2 . 1 GENERAL 3 / Axon Professional Services Organization (PSO) will schedule an initial meeting via Zoom to review the scope of the project, gather additional details, and address agency questions. PSO will coordinate with the agency to determine the install date and provide on-site training as defined below in section 2.5. a� Q 0 2 . 2 HARDWARE E 2.2.1 Headquarters E / will supply 0 Servers. ii o If agency grants access, Axon will unbox and rack servers. r 00 o Agency will ensure servers are powered on with Windows installed prior to Install date. o Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long uO as they do not degrade operations of Interview Server(s) a� o Agency will provide onsite and remote access to Interview Server(s) as required by Axon installers. Axon will then configure E the Interview Server(s). c a� E / Customer will provide network cabling. Q / Agency will configure all network equipment. Q / Agency will prepare all rooms prior to installation. p a o Removing all evidence from room. a� o Removal of existing video solution. Axon will work on installation timing with Agency to ensure an adequate number of Y rooms are available when possible. 0 x Q / Axon will mount/place Touch Panels Wall mounted outside each room / Detective Interview Room E o Axis P3245-LV Overt Dome Camera a PAGE 4 Packet Pg. 39 I 4.E.a I` o Axis P3245-LV Overt Dome Camera c O / Holding Cell 1 a o Axis P3245-LV Overt Dome Camera 3 r / Holding Cell 2 as o Axis P3245-LV Overt Dome Camera a� Q O r c as E c a� E Q r ii r 00 O LO c N E C N E Q d c N C O K Q r C d E t v a PAGE 5 Packet Pg. 40 4.E.a 2 . 3 INTERVIEW SOFTWARE o x / Agency will ensure an appropriate resource is available to configure/troubleshoot network communications between onsite z Interview Hardware. Agency will also assist in configure/troubleshoot connection to Axon Evidence. 3 / Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long as they do not degrade operations of Interview Server(s) E a) / Axon will install Axon Interview Server Application, Agency may be required to provide appropriate permissions/credentials. a� / Axon will install and configure Touch Panel Software. c r c a� 2 . 4 READINESS / Axon will supply Agency with copy of current QA/Testing Checklist. E Q / Axon will complete QA/Testing Checklist per room consisting of: o Hardware Wiring LL r o Hardware Mounting c o Hardware Functionality v LO o Firmware Updates a� o Software Install and Configuration E o Functional Test of all features a� E Q 2 . 5 TRAINING / Axon will provide training materials that may be used by agency. Training materials will be customized for agencies a environment where applicable. c / Agency will provide facilities and equipment for conducting the Training. Y c / Train the Trainer: Axon will provide session(s), materials and support allowing Agency's in-house trainers to conduct their x own Training. Agency is responsible for updating all Training materials after final acceptance. Q r c m E t ns a PAGE 6 Packet Pg. 41 4.E.a 3 . PROJECT MANAGEMENT : 0 x Q z 3 . 1 MANAGEMENT RESOURCES 3 / Both Parties will assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of deliverables. / Axon's Project Coordinator will ensure all team members from Axon and Agency are continually updated on the status of the a Project. a 3 . 2 REQUIREMENTS PLANNING ° / All Proposed Project timelines will be documented during Project Management Kickoff call. E / Once all requirements are agreed to, Axon's Project Coordinator will work with Agency's Project Manager to develop a Project plan for Axon's implementation. E 3 . 3 CHANGE CONTROL LL / If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the r fees will be agreed upon and included in a signed PCO form. o v / Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will LO be outlined in the PCO form. a� E c a� E Q 0 a c a� Y c 0 x Q r c m E a PAGE 7 Packet Pg. 42 II 4.E.a I` COMMITMENTS :4 . AGENCY o x Q / Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and 3 accurate documentation and information to Axon. c / Identify holidays, non-workdays or major events that may impact the Project. E a� / Ensure Agency desktop or mobile systems and devices can access the Product. a� / Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via c remote access if possible). r c a� / Technical Systems Requirements E c a� E Q t r ii r 00 O LO C N E C N E Q d C N C O K Q r C d E t v a PAGE Q V Packet Pg. 43 II 4.E.a I` . PORT : C x Q z / Axon will provide on-site installer/trainer support as part of project. 3 / The Product undergoes updates and enhancements which Agency will automatically receive. C / Axon will provide Agency's End Users access to the help.axon.com support portal to submit and review service tickets. a� L / For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at Support@Axon.com. Online, email-based support and remote-location troubleshooting are included on an ongoing basis as c part of Agency's investment in the Axon ecosystem. Phone support is available 24/7. r C a) E C M E Q t r ii r 00 O LO C N E C N E Q d C N C O K Q r C d E t v a PAGE Q 7 Packet Pg. 44 4.E.a 6 . TERMS 1 CONDITIONS : o x Q This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties. 3 r c m E AXON ENTERPRISE, INC. AGENCY L Q O Signature: ____________ Signature: }' ------------------------- c as Name: Name: E ------------------------- ---------------------------- c Title: ------------------------- Title: ----------------------------- E Q Date: _____________ Date: ----------------------------- ii r 00 O LO C N E C N E Q d C N C O K Q r C d E t v a PAGE 10 Packet Pg. 45 I 4.E.a I` ATTACHMENT B PROJECT CHANGE ORDER TEMPLATE o Q z 3 Date: m Axon Product or Service: E as a� L Q O Y r E E Change Order Details Q t r ii r 00 O V LO C N E AXON ENTERPRISE, INC. AGENCY Q Signature: --------------------- Signature: ------------------------- Name: Name: a c Title: ------------------------- Title: ----------------------------- Y c Date: Date: 0 ------------------------- ----------------------------- x Q r c m E t a PAGE 1 1 Packet Pg. 46 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N •L 0 t 7 Q I v C m �L Q L r W r- 0 x Q r 3 c a� E m m L ATTACHMENT D Q 0 r Federal Bureau of Investigation (FBI) E Criminal Justice Information Services (CJIS) c m Security Addendum a w ii See Next Page eo 0 LO c m E c m E Q C IL c m Y c 0 x a E a Packet Pg. 47 4.E.a FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM as N •L 0 The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1)under the control or management of a i a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A- c 130 as "security commensurate with the risk and magnitude of harm resulting from the loss, n misuse, or unauthorized access to or modification of information." �- a� The intent of this Security Addendum is to require that the Contractor maintain a w security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and 0 standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 3 This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The Q security program shall include consideration of personnel security, site security, system 0 security, and data security, and technical security. as The provisions of this Security Addendum apply to all personnel, systems,networks and E support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions s 1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency,which enters into an agreement with a private contractor subject to this Security Addendum. o ,1.02 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. E 2.00 Responsibilities of the Contracting Government Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Q Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the .. possession of the CGA and available for audit purposes. The acknowledgement may be signed °a by hand or via digital signature (see glossary for definition of digital signature). c as 3.00 Responsibilities of the Contractor. 0 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS)Advisory Policy Board(APB). 0 4.00 Security Violations. a 06/01/2020 I I-6 CJISD-ITS-DOC-08140-5.9 Packet Pg. 48 4.E.a 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: N L a. Investigate or decline to investigate any report of unauthorized use; Z b. Suspend or terminate access and services, including telecommunications links. The Q i FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records N containing CHRI must be deleted or returned to the CGA. �- a� 5.00 Audit w 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after 0 termination of the Security Addendum. 6.00 Scope and Authority 3 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or a obligations on any persons other than the Contractor, CGA, CJA(where applicable), CSA, and FBI. a� ¢ 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also E subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and Q between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is U- understood that there may be terms and conditions of the appended Agreement which impose 00 more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI, and may not be modifiedIn by the parties to the appended Agreement without the consent of the FBI. E 6.05 All notices and correspondence shall be forwarded by First Class mail to: d E Q Information Security Officer Q Criminal Justice Information Services Division, FBI c 1000 Custer Hollow Road a c as Clarksburg, West Virginia 26306 Y c 0 c d E z c� r Q 06/01/2020 11-7 CJISD-ITS-DOC-08140-5.9 Packet Pg. 49 4.E.a Fifth Amendment to the Master AXON Services and Purchasing Agreement a� N •L O t 7 Q I v C m �L Q L r W r- O x Q r 3 c a� E m m L a ATTACHMENT E r c Axon Air, Draft One,Axon Investigate Pro Bundle E Quote Q-481498-45504.006CN m E Q t w See Next Page LL oo 0 LO c m E c m E Q C a c m Y c O x a E a Packet Pg. 50 4.E.a Axon Enterprise,Inc. Q-481498-45504.006CN 17800 N 85th St. Scottsdale,Arizona 85255 Issued:07/30/2024 United States VAT:86-0741227 y Quote Expiration:08/30/2024 C Domestic:(800)978-2737 X Estimated Contract Start Date:01/01/2025 International:+1.800.978.2737 s Account Number:106698 Payment Terms:N30 3 Delivery Method: d E d SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT a� Kent Police Dept.-WA Kent Police Dept.-WA C 220 4th Ave S 220 4th Ave S Chris Neubeck Eric Hemmen +- Kent, Kent Phone:+1 6027080074 Phone:253-856-5837 d WA WA 98032-5838 Email:cneubeck@axon.com Email:ehemmen@kentwa.gov E 98032-5838 Fax:(480)658-0629 Fax:(253)856-6803 USA USA Email: E a s ii Co 0 v LO w c a� Quote Summary Discount Summary E c a� E Program Length 57 Months Average Savings Per Year $94,484.55 a TOTAL COST $624,120.75 TOTAL SAVINGS $448,801.61 ESTIMATED TOTAL WI TAX $686,307.85 0 a w c a� Y c O x a r c m E t �a r w a Page Q-481498.45504. Packet Pg. 51 4.E.a Payment Summary x Date Subtotal Tax Total Q Dec 2024 $109,678.21 $10,994.54 $120,672.75 Jan 2025 $4,822.78 $389.92 $5,212.70 .3 Sep 2025 $127,404.94 $12,700.66 $140,105.60 Sep 2026 $127,404.94 $12,700.66 $140,105.60 m Sep 2027 $127,404.94 $12,700.66 $140,105.60 aEi Sep 2028 $127,404.94 $12,700.66 $140,105.60 y Total $624,120.75 $62,187.10 $686,307.85 Q O r c a� E c a� E Q r ii co 0 v LO w c a� E c a� E Q d w c a� Y c O x Q r c m E t �a r w Q Page 2 Q-481498.45504. Packet Pg. 52 4.E.a Quote Unbundled Price: $1,072,922.36 Quote List Price: $1,039,679.39 Quote Subtotal: $624,120.75 0 Pricing a All deliverables are detailed in Delivery Schedules section lower in proposal 3 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Tot. Program = E M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 57 $479.02 $297.90 $297.90 $50,940.90 $4,801.15 $55,742.0 a) BWCamMBDTAP Body Wom Camera Multi-Bay Dock TAP Bundle 1 57 $75.92 $36.07 $36.07 $2,055.99 $209.72 $2,265.7 a) CLASS1UAS AXON AIR,CLASS 1 UAS BUNDLE 9 57 $183.34 $183.34 $35.77 $18,350.01 $1,871.71 $20,221.7 Q CLASS2UAS AXON AIR,CLASS 2 UAS BUNDLE 1 57 $283.34 $283.34 $283.34 $16,150.38 $1,647.33 $17,797.7 o A la Carte Hardware 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $245.55 $245.55 $245.55 $25.05 $270.6 a) 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $3,286.23 $3,286.23 $3,286.23 $335.19 $3,621.4 E 50118 AXON INTERVIEW-MIC-WIRED STANDARD MIC 4 $243.31 $243.31 $973.24 $99.27 $1,072.5 c 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $992.92 $992.92 $3,971.68 $405.11 $4,376.7 AB3MBD AB3 Multi Bay Dock Bundle 2 $1,638.90 $1,638.90 $3,277.80 $334.34 $3,612.1 Q AB3C AB3 Camera Bundle 3 $789.00 $789.00 $2,367.00 $241.43 $2,608.4 A la Carte Software AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH V_ 50037 PANEL-PC 1 $1,500.00 $1,500.00 $1,500.00 $153.00 $1,653.0 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER 00 50039 TOUCH PANEL 1 56 $28.01 $28.01 $1,568.56 $160.00 $1,728.5le 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 57 $22.45 $22.45 $3,838.95 $391.58 $4,230.5 Ln 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM 4 56 $110.97 $22.32 $5,000.00 $0.00 $5,000.0 = UNLIMITED 'E'100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 57 $32.59 $32.59 $5,572.89 $0.00 $5,572.8 (_ 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 57 $1.08 $0.68 $6,397.64 $652.57 $7,050.2 cc 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 57 $33.67 $4.83 $8,811.20 $898.75 $9,709.9 d 73681 AXON RECORDS 22 57 $42.09 $42.09 $52,780.86 $5,383.65 $58,164.5 E 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT 169 57 $70.15 $43.81 $422,053.84 $43,049.49 $465,103.3 WRITING ProLicense Pro License Bundle 3 57 $43.17 $43.33 $7,409.43 $755.76 $8,165.1 Ala Carte Services 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $7,450.00 $2,500.00 $5,000.00 $510.00 $5,510.0 d 1, A la Carte Warranties a 50448 AXON INTERVIEW-EXT WARRANTY 2 45 $28.54 $28.54 $2,568.60 $262.00 $2,830.6 Y Total $624,120.75 $62,187.10 $686,307.8 0 x Q r c m Delivery Schedule r w Q Hardware Bundle Item Description QTY Shipping Location Estimated Delive Date Page 3 Q-481498-45504. Packet Pg. 53 4.E.a Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date AB3 Camera Bundle 11534 AXON BODY-CABLE-USB-C TO USB-A AB3 OR FLEX 2 4 12/01/2024 AB3 Camera Bundle 73202 AXON BODY 3-CAMERA-NA10 US BILK RAPIDLOCK 3 12/01/2024 O AB3 Camera Bundle 74028 AXON BODY-MOUNT-WING CLIP RAPIDLOCK 4 12/01/2024 O AB3 Multi Bay Dock Bundle 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 2 12/01/2024 Q AB3 Multi Bay Dock Bundle 71019 AXON BODY-DOCK POWERCORD-NORTH AMERICA 2 12/01/2024 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3-DOCK-EIGHT BAY 2 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100126 AXON VR-TACTICAL BAG 1 12/01/2024 3 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100390 AXON TASER 10-HANDLE-YELLOW CLASS 3R 3 2 12/01/2024 C BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100393 AXON TASER 10-MAGAZINE-LIVE DUTY BLACK 3 12/01/2024 m BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100394 AXON TASER 10-MAGAZINE-HALT TRAINING BLUE 4 12/01/2024 aa) BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100395 AXON TASER 10-MAGAZINE-LIVE TRAINING PURPLE 3 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100396 AXON TASER 10-MAGAZINE-INERT RED 3 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100399 AXON TASER 10-CARTRIDGE-LIVE 60 12/01/2024 Q O BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10-CARTRIDGE-HALT 20 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100401 AXON TASER 10-CARTRIDGE-INERT 30 12/01/2024 c BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100611 AXON TASER 10-SAFARILAND HOLSTER-RH 3 12/01/2024 a) BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100623 AXON TASER-TRAINING-ENHANCED HALT SUIT V2 1 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100681 AXON SIGNAL-SIDEARM SENSOR ONLY 3 12/01/2024 a� BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100748 AXON VR-CONTROLLER-TASER 10 1 12/01/2024 E BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100832 AXON VR-CONTROLLER-HANDGUN VR19H 1 12/01/2024 Q BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101290 AXON VR-HOLSTER-T7 SAFARILAND GRAY RH 1 12/01/2024 r BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101294 AXON VR-TABLET 1 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101300 AXON VR-TABLET CASE 1 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20018 AXON TASER- BATTERY PACK-TACTICAL 3 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20018 AXON TASER- BATTERY PACK-TACTICAL 1 12/01/2024 co BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20378 AXON VR-HEADSET-HTC FOCUS 3 1 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 1 12/01/2024 Lo BUNDLE-OFFICER SAFETY PLAN 10 PLUS 71019 AXON BODY-DOCK POWERCORD-NORTH AMERICA 1 12/01/2024 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 71044 AXON SIGNAL-BATTERY-CR2430 SINGLE PACK 6 12/01/2024 a) BUNDLE-OFFICER SAFETY PLAN 10 PLUS 74200 AXON TASER-DOCK-SIX BAY PLUS CORE 1 12/01/2024 E AXON TASER-TARGET-CONDUCTIVE PROFESSIONAL BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80087 1 1210112024 RUGGEDIZED � BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80090 IN ON TASER-TARGET FRAME-PROFESSIONAL 27.5 IN X 75 1 12/01/2024 Q A la Carte 50118 AXON INTERVIEW-MIC-WIRED STANDARD MIC 4 01/01/2025 Q A la Carte 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 01/01/2025 A la Carte 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 01/01/2025 -- A la Carte 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 01/01/2025 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100399 AXON TASER 10-CARTRIDGE-LIVE 10 12/01/2025 rl .r BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10-CARTRIDGE-HALT 30 12/01/2025 Body Wom Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY-TAP REFRESH 1-DOCK MULTI BAY 1 03/01/2026 Y BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100210 AXON VR-TAP REFRESH 1-TABLET 1 03/01/2026 c BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101009 AXON VR-TAP REFRESH 1-SIDEARM CONTROLLER 1 03/01/2026 O x BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101012 AXON VR-TAP REFRESH 1-CONTROLLER 1 03/01/2026 Q BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20373 AXON VR-TAP REFRESH 1-HEADSET 1 03/01/2026 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73309 AXON BODY-TAP REFRESH 1-CAMERA 3 03/01/2026 O m BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73689 AXON BODY-TAP REFRESH 1-DOCK MULTI BAY 1 03/01/2026 E BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100399 AXON TASER 10-CARTRIDGE-LIVE 10 12/01/2026 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10-CARTRIDGE-HALT 20 12/01/2026 tv BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100399 AXON TASER 10-CARTRIDGE-LIVE 10 12/01/2027 Q BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10-CARTRIDGE-HALT 30 12/01/2027 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100399 AXON TASER 10-CARTRIDGE-LIVE 10 12/01/2028 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10-CARTRIDGE-HALT 20 12/01/2028 Page 4 Q-481498-45504. Packet Pg. 54 4.E.a Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date Body Wom Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY-TAP REFRESH 2-DOCK MULTI BAY 1 09/01/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73310 AXON BODY-TAP REFRESH 2-CAMERA 3 09/01/2029 O BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73688 AXON BODY-TAP REFRESH 2-DOCK MULTI BAY 1 09/01/2029 O K Q Software Bundle Item Description QTY Estimated Start Date Estimated End Date 3 AXON AIR,CLASS 1 UAS BUNDLE 100579 AXON AIR-UAS LICENSE-CLASS 1 9 01/01/2025 09/30/2029 O d AXON AIR,CLASS 1 UAS BUNDLE 100584 AXON AIR-ADVANCED STREAMING ADD-ON 9 01/01/2025 09/30/2029 E AXON AIR,CLASS 1 UAS BUNDLE 100586 AXON AIR-API INTEGRATIONS ADD-ON 9 01/01/2025 09/30/2029 a) N AXON AIR,CLASS 2 UAS BUNDLE 100580 AXON AIR-UAS LICENSE-CLASS 2 1 01/01/2025 09/30/2029 0) AXON AIR,CLASS 2 UAS BUNDLE 100584 AXON AIR-ADVANCED STREAMING ADD-ON 1 01/01/2025 09/30/2029 Q AXON AIR,CLASS 2 UAS BUNDLE 100586 AXON AIR-API INTEGRATIONS ADD-ON 1 01/01/2025 09/30/2029 O BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101180 AXON TASER-DATA SCIENCE PROGRAM 3 01/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20248 AXON TASER-EVIDENCE.COM LICENSE 3 01/01/2025 09/30/2029 a� BUNDLE-OFFICER SAFETY PLAN 10 PLUS 20370 AXON VR-FULL ACCESS-TASER ADD-ON USER 3 01/01/2025 09/30/2029 E BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73478 AXON EVIDENCE-REDACTION ASSISTANT USER LICENSE 3 01/01/2025 09/30/2029 C BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73618 AXON COMMUNITY REQUEST 3 01/01/2025 09/30/2029 a� BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73638 AXON STANDARDS-LICENSE 3 01/01/2025 09/30/2029 E BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73680 AXON RESPOND PLUS-LICENSE 3 01/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73682 AXON EVIDENCE-AUTO TAGGING LICENSE 3 01/01/2025 09/30/2029 -� r= BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73683 AXON EVIDENCE-STORAGE-10GB A LA CARTE 30 01/01/2025 09/30/2029 iL BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73686 AXON EVIDENCE-STORAGE-UNLIMITED AXON DEVICE 3 01/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73739 AXON PERFORMANCE-LICENSE 3 01/01/2025 09/30/2029 co BUNDLE-OFFICER SAFETY PLAN 10 PLUS 73746 AXON EVIDENCE-ECOM LICENSE-PRO 3 01/01/2025 09/30/2029 G Pro License Bundle 73683 AXON EVIDENCE-STORAGE-10GB A LA CARTE 9 01/01/2025 09/30/2029 Pro License Bundle 73746 AXON EVIDENCE-ECOM LICENSE-PRO 3 01/01/2025 09/30/2029 Lo A la Carte 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 01/01/2025 09/30/2029 A la Carte 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 01/01/2025 09/30/2029 a) A la Carte 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 01/01/2025 09/30/2029 Ala Carte 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 0110112025 09I30I2029 a0i Ala Carte 50037 P ON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL- 1 E A la Carte 73681 AXON RECORDS 22 01/01/2025 09/30/2029 Q A la Carte 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 01/01/2025 09130/2029 A la Carte 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH 1 02/01/2025 09/30/2029 p PANEL d A la Carte 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 02/01/2025 09/30/2029 +� c d Y Services O Bundle Item Description QTY Q BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100751 AXON TASER 10-REPLACEMENT ACCESS PROGRAM-DUTY CARTRIDGE 3 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101184 AXON INVESTIGATE-TRAINING-OPERATOR AND EXAMINER 1 c BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101193 AXON TASER-ON DEMAND CERTIFICATION 1 m BUNDLE-OFFICER SAFETY PLAN 10 PLUS 11642 AXON INVESTIGATE-THIRD PARTY VIDEO SUPPORT 3 t A la Carte 85170 AXON INTERVIEW-INSTALLATION-STANDARD PER ROOM 2 ca a Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Page 5 Q-481498-45504. Packet Pg. 55 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Body Wom Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY-TAP WARRANTY-MULTI BAY DOCK 1 12/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100197 AXON VR-EXT WARRANTY-HTC FOCUS 3 HEADSET 1 12/01/2025 09/30/2029 O BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100213 AXON VR-EXT WARRANTY-TABLET 1 12/01/2025 09/30/2029 O BUNDLE-OFFICER SAFETY PLAN 10 PLUS 100704 AXON TASER 10-EXT WARRANTY-HANDLE 3 12/01/2025 09/30/2029 Q BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101007 AXON VR-EXT WARRANTY-CONTROLLER 1 12/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 101008 AXON VR-EXT WARRANTY-HANDGUN CONTROLLER 1 12/01/2025 09/30/2029 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80374 AXON TASER-EXT WARRANTY-BATTERY PACK T7/T10 3 12/01/2025 09/30/2029 3 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80374 AXON TASER-EXT WARRANTY-BATTERY PACK T7/T10 1 12/01/2025 09/30/2029 C BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80396 AXON TASER-EXT WARRANTY-DOCK SIX BAY T7lT10 1 12/01/2025 09/30/2029 m BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80464 AXON BODY-TAP WARRANTY-CAMERA 3 12/01/2025 09/30/2029 aa) BUNDLE-OFFICER SAFETY PLAN 10 PLUS 80465 AXON BODY-TAP WARRANTY-MULTI BAY DOCK 1 12/01/2025 09/30/2029 A la Carte 50448 AXON INTERVIEW-EXT WARRANTY 2 01/01/2026 0913012029 Q O C d E C d E Q t r LL co O LO ,2 C d E C O E Q d r.+ C d Y C O x Q r C m E t �a r w Q Page 6 Q-481498.45504. Packet Pg. 56 4.E.a Shipping Locations Location Number Street city State Zip Country 220 4th Ave S Kent WA 98032-5838 USA C 0 2 220 4th Ave S Kent WA 98032-5838 USA Q t Payment Details E Dec 2024 L Invoice Plan Item Description MEN Qty Subtotal Tax Total Q Air+Investigate+Records- 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 $1,762.24 $179.75 $1,941.99 Annual Payment Air+Investigate+Records- Annual Payment 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 $1,279.53 $130.51 $1,410.04 E Air+Investigate+Records 73681 AXON RECORDS 22 $10,556.16 $1,076.73 $11,632.89 C Annual Payment a) Air+Investigate+Records- CLASS1 UAS AXON AIR,CLASS 1 UAS BUNDLE 9 $3,670.00 $374.34 $4,044.34 E Annual Payment Air+Investigate+Records CLASS21JAS AXON AIR,CLASS 2 UAS BUNDLE 1 $3,230.08 $329.46 $3,559.54 C Annual Payment li OSP-Year 1 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 $1,114.58 $0.00 $1,114.58 .. OSP-Year 1 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 $767.79 $78.32 $846.11 OSP-Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $411.19 $41.94 $453.13 0 OSP-Year 1 M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $10,188.17 $960.25 $11,148.42 OSP-Year 1 ProLicense Pro License Bundle 3 $1,481.91 $151.15 $1,633.06 u� Upfront Hardware+PSO A63C AB3 Camera Bundle 3 $2,367.00 $241.43 $2,608.43 c Upfront Hardware+PSO AB3MBD AB3 Multi Bay Dock Bundle 2 $3,277.80 $334.34 $3,612.14 a) Year 1 Annual Payment 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 $69,571.76 $7,096.32 $76,668.08 -E Total $109,678.21 $10,994.54 $120,672.75 E Jan 2025 Q Invoice Plan Item Description Qty Subtotal Tax Total Q Interview Room-Annual Payment 50037 AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL-PC 1 $300.00 $30.60 $330.60 Interview Room Annual 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH PANEL 1 $313.71 $32.00 $345.71 d Payment Interview Room-Annual 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 $1,000.00 $0.00 $1,000.00 a) Payment Interview Room-Annual 50118 AXON INTERVIEW-MIC-WIRED(STANDARD MIC) 4 $194.65 $19.85 $214.50 r_ Payment 0 Interview Room-Annual 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $794.34 $81.02 $875.36 a Payment Interview Room-Annual 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $657.25 $67.04 $724.29 4) Payment Interview Room-Annual 50448 AXON INTERVIEW-EXT WARRANTY 2 $513.72 $52.40 $566.12 0 Payment ca Interview Room-Annual Payment 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $49.11 $5.01 $54.12 Q Interview Room-Annual 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $1,000.00 $102.00 $1,102.00 Payment Page 7 Q-481498-45504. Packet Pg. 57 Jan 2025 Invoice Plan Item Description My Subtotal Tax Total Invoice Upon Fulfillment BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $0.00 $0.00 $0.00 Total $4,822.78 $389.92 $5,212.70 x Q Sep 2025 Invoice Plan Item Description Qty Subtotal Tax Total 3 Air+Investigate+Records 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 $1,762.24 $179.75 $1,941.99 Annual Payment a) Air+Investigate+Records 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 $1,279.53 $130.51 $1,410.04 a) Annual Payment Air+Investigate+Records Annual Payment 73681 AXON RECORDS 22 $10,556.17 $1,076.73 $11,632.90 Q Air+Investigate+Records CLASS1 UAS AXON AIR,CLASS 1 UAS BUNDLE 9 $3,670.00 $374.34 $4,044.34 Annual Payment '-' C Air+Investigate+Records CLASS2UAS AXON AIR,CLASS 2 UAS BUNDLE 1 $3,230.08 $329.46 $3,559.54 E Annual Payment Axon Narrative-Year 1 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 $88,120.52 $8,988.29 $97,108.81 Interview Room-Annual Payment 50037 AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL-PC 1 $300.00 $30.60 $330.60 E Interview Room-Annual Q Payment 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH PANEL 1 $313.71 $32.00 $345.71 Interview Room-Annual 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 $999.99 $0.00 $999.99 u_ Payment '' Interview Room-Annual 50118 AXON INTERVIEW-MIC-WIRED(STANDARD MIC) 4 $194.65 $19.85 $214.50 00 p Payment Interview Room-Annual 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $794.34 $81.02 $875.36 S Payment uO Interview Room-Annual 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $657.25 $67.04 $724.29 a) Payment °) Interview Room-Annual 50448 AXON INTERVIEW-EXT WARRANTY 2 $513.72 $52.40 $566.12 Payment C Interview Room-Annual Payment 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $49.11 $5.01 $54.12 Q Interview Room-Annual 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $1,000.00 $102.00 $1,102.00 Payment Q OSP-Year 2 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 $1,114.58 $0.00 $1,114.58 OSP-Year 2 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 $767.79 $78.32 $846.11 OSP-Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $411.19 $41.94 $453.13 d OSP-Year 2 M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $10,188.17 $960.25 $11,148.42 �. OSP-Year 2 ProLicense Pro License Bundle 3 $1,481.90 $151.15 $1,633.05 Total $127,404.94 $12,700.66 $140,105.60 Y c 0 Sep 2026 a Invoice Plan Item Description oty Subtotal Tax Total r Air+Investigate+Records- y Annual Payment 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 $1,762.24 $179.75 $1,941.99 E Air+Investigate+Records 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 $1,279.53 $130.51 $1,410.04 Annual Payment Air+Investigate+Records Annual Payment 73681 AXON RECORDS 22 $10,556.17 $1,076.73 $11,632.90 Q Air+Investigate+Records- CLASS1 UAS AXON AIR,CLASS 1 UAS BUNDLE 9 $3,670.00 $374.34 $4,044.34 Annual Payment Page 8 Q-481498-45504. Packet Pg. 58 Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Air+Investigate+Records- CLASS2UAS AXON AIR,CLASS 2 UAS BUNDLE 1 $3,230.08 $329.46 $3,559.54 Annual Payment r_ Axon Narrative-Year 2 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 $88,120.52 $8,988.29 $97,108.81 p Interview Room-Annual Payment 50037 AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL-PC 1 $300.00 $30.60 $330.60 Q � Interview Room Annual Payment 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH PANEL 1 $313.71 $32.00 $345.71 3 Interview Room-Annual 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 $999.99 $0.00 $999.99 Payment m Interview Room-Annual a)50118 AXON INTERVIEW-MIC-WIRED(STANDARD MIC) 4 $194.65 $19.85 $214.50 a� Payment Interview Room-Annual 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $794.34 $81.02 $875.36 Q Payment Interview Room-Annual C 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $657.25 $67.04 $724.29 Payment r C Interview Room-Annual 50448 AXON INTERVIEW-EXT WARRANTY 2 $513.72 $52.40 $566.12 a) Payment E Interview Room-Annual 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $49.11 $5.01 $54.12 Payment Interview Room-Annual Payment 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $1,000.00 $102.00 $1,102.00 Q OSP-Year 3 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 $1,114.58 $0.00 $1,114.58 OSP-Year 3 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 $767.79 $78.32 $846.11 LL OSP-Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $411.19 $41.94 $453.13 OSP-Year 3 M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $10,188.17 $960.25 $11,148.42 o OSP-Year 3 ProLicense Pro License Bundle 3 $1,481.90 $151.15 $1,633.05 Total $127,404.94 $12,700.66 $140,105.60 LO w Sep 2027 Invoice Plan Item Description Q Subtotal Tax Total Air+Investigate+Records- r_ Annual Payment 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 $1,762.24 $179.75 $1,941.99 Air+Investigate+Records 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 $1,279.53 $130.51 $1,410.04 Q Annual Payment Air+Investigate+Records 73681 AXON RECORDS 22 $10,556.17 $1,076.73 $11,632.90 Q Annual Payment3.1 Air+Investigate+Records- CLASS1 UAS AXON AIR,CLASS 1 UAS BUNDLE 9 $3,670.00 $374.34 $4,044.34 p Annual Payment IL Air+Investigate+Records- CLASS2UAS AXON AIR,CLASS 2 UAS BUNDLE 1 $3,230.08 $329.46 $3,559.54 = Annual Payment Axon Narrative-Year 3 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 $88,120.52 $8,988.29 $97,108.81 �1 Interview Room Annual 50037 AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL-PC 1 $300.00 $30.60 $330.60 O Payment x Interview Room-Annual 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH PANEL 1 $313.71 $32.00 $345.71 Q Payment +-; Interview Room-Annual Payment 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 $999.99 $0.00 $999.99 E Interview Room-Annual 50118 AXON INTERVIEW-MIC-WIRED(STANDARD MIC) 4 $194.65 $19.85 $214.50 V Payment t�v Interview Room-Annual Payment 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $794.34 $81.02 $875.36 Q Interview Room-Annual 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $657.25 $67.04 $724.29 Payment Page 9 Q-481498-45504. Packet Pg. 59 Sep 2027 Invoice Plan Item Description Qty Subtotal Tax Total Interview Room-Annual 50448 AXON INTERVIEW-EXT WARRANTY 2 $513.72 $52.40 $566.12 Payment r_ Interview Room-Annual 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $49.11 $5.01 $54.12 0 Payment Q Interview Room-Annual 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $1,000.00 $102.00 $1,102.00 t Payment OSP-Year 4 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 $1,114.58 $0.00 $1,114.58 3 OSP-Year 4 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 $767.79 $78.32 $846.11 OSP-Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $411.19 $41.94 $453.13 m OSP-Year 4 M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $10,188.17 $960.25 $11,148.42 OSP-Year 4 ProLicense Pro License Bundle 3 $1,481.90 $151.15 $1,633.05 (LD Total $127,404.94 $12,700.66 $140,105.60 0) 0 Sep 2028 r c Invoice Plan Item Description Qty Subtotal Tax Total Air+Investigate+Records 100112 AXON AIR-EVIDENCE.COM LICENSE-PILOT DATA 32 $1,762.24 $179.75 $1,941.99 '0 Annual Payment C Air+Investigate+Records- Annual Payment 100789 AXON INVESTIGATE-UPGRADE TO PRO ACCESS 166 $1,279.53 $130.53 $1,410.06 E Q Air+Investigate+Records 73681 AXON RECORDS 22 $10,556.17 $1,076.73 $11,632.90 Annual Payment Air+Investigate+Records- CLASS1 UAS AXON AIR,CLASS 1 UAS BUNDLE 9 $3,670.00 $374.35 $4,044.35 LL Annual Payment " Air+Investigate+Records- CLASS2UAS AXON AIR,CLASS 2 UAS BUNDLE 1 $3,230.08 $329.49 $3,559.57 O0 Annual Payment Axon Narrative-Year 4 101283 AXON RECORDS-DRAFT ONE-AI-ASSISTED REPORT WRITING 169 $88,120.52 $8,988.30 $97,108.82 IntPaement rview Room-Annual LO 50037 AXON INTERVIEW-CLIENT SOFTWARE-PER TOUCH PANEL-PC 1 $300.00 $30.60 $330.60 Interview Room-Annual a) Payment 50039 AXON INTERVIEW-CLIENT SOFTWARE-MAINT.PER TOUCH PANEL 1 $313.71 $32.00 $345.71 E Interview Room-Annual Payment 50045 AXON EVIDENCE-STORAGE-INTERVIEW ROOM UNLIMITED 4 $999.99 $0.00 $999.99 (D E Interview Room-Annual 50118 AXON INTERVIEW-MIC-WIRED(STANDARD MIC) 4 $194.65 $19.87 $214.52 Q Payment Interview Room-Annual 50298 AXON INTERVIEW-CAMERA-OVERT DOME 4 $794.34 $81.03 $875.37 Q Payment3.1 Interview Room-Annual 50322 AXON INTERVIEW-TOUCH PANEL PRO 1 $657.25 $67.03 $724.28 p Payment a Interview Room-Annual 50448 AXON INTERVIEW-EXT WARRANTY 2 $513.72 $52.40 $566.12 = Payment Interview Room-Annual 74056 AXON INTERVIEW-TOUCH PANEL WALL MOUNT 1 $49.11 $5.01 $54.12 Y Payment c Interview Room-Annual 0 Payment 85170 AXON INTERVIEW-INSTALLATION-STANDARD(PER ROOM) 2 $1,000.00 $102.00 $1,102.00 Q OSP-Year 5 100165 AXON EVIDENCE-STORAGE-THIRD PARTY UNLIMITED 3 $1,114.58 $0.00 $1,114.58 OSP-Year 5 85760 AXON AUTO-TRANSCRIBE-UNLIMITED SERVICE 3 $767.79 $78.30 $846.09 m OSP-Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $411.19 $41.96 $453.15 E OSP-Year 5 M00012 BUNDLE-OFFICER SAFETY PLAN 10 PLUS 3 $10,188.17 $960.15 $11,148.32 0 OSP-Year 5 ProLicense Pro License Bundle 3 $1,481.90 $151.16 $1,633.06 Total $127,404.94 $12,700.66 $140,105.60 Q Page 10 Q-481498.45504. Packet Pg. 60 4.E.a Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. c 0 x Q t Standard Terms and Conditions E L Axon Enterprise Inc. Sales Terms and Conditions Q 0 r Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Q Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix u- as described below. 00 0 v ACEIP: LO w c The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to E develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. E Acceptance of Terms: Q Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you OR are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Y 0 x Q r c m E t a r w Q Page 11 Q-481498.45504. Packet Pg. 61 4.E.a c O Signature Date Signed a 7/30/2024 E a� a� L Q O C 0) E C 0 E Q U- r co 0 LO C Q� E C 0 E Q CL C Y c O x Q r c m E t U �a r w Q Page 12 Q-481498-45504. Packet Pg. 62 4.F POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-852-2121 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Project Be Free Professional Services Agreement — Authorize and Ratify MOTION: I move to authorize the Mayor to sign the Professional Services Agreement with Project Be Free, subject to final terms and conditions acceptable to the Chief of Police and City Attorney, and ratify all actions prior to and consistent with this motion. SUMMARY: In October 2023, the Kent Police Department commenced a pilot program with Project Be Free, a non-profit community-based organization responsible for Domestic Violence programming, education, and co-responder services. Project Be Free staff respond alongside Kent Police officers to domestic violence calls for service to assist victims with case management at the time of the call. Project Be Free staff are bilingual and trained in providing mental health services and domestic violence case management. They can provide transportation to a safe site and/or assist with food, shelter, and medical needs. Project Be Free will also provide follow-up support to the household, to include up to ten therapy sessions either online or in person for no charge to assist individuals, couples, or family members. Kent Police partnered with Project Be Free to apply for a grant, which will allow programming to continue beyond the pilot project. Grant funds in the amount of $205,000 were awarded by the Association of Washington Cities (AWC) to this project effective July 1, 2024, for a one-year period. Council previously authorized the acceptance of these grant funds and further authorized the Mayor to sign the grant Agreement. The grant Agreement with AWC has been executed and now Kent must enter into an agreement with Project Be Free for the expenditure of the grant funds and continuation of domestic violence co-response, case management, and training services for Kent officers. Due to the program start date of July 1, 2024, this Agreement is intended to apply retroactively and ratify all prior actions consistent with the Agreement. Finally, this Agreement will proceed to Council for final action at its City Council meeting the same night. BUDGET IMPACT: Grant funding of $205,000 for one year. Packet Pg. 63 4.F SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Project Be Free Contract - AWC Grant (PDF) Packet Pg. 64 4.F.a • KEN T W A s H i N G 1 o H PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Project Be Free, NPC N THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter `o the "City"), and Project Be Free, NPC organized under the laws of the State of Washington, located and doing business at 306 Wells Avenue South, Unit D, Renton, WA 98057 (hereinafter the "Contractor"). Q i I. DESCRIPTION OF WORK. E m The Contractor shall perform the following services for the City: m a� a Provide co-response services for domestic violence calls alongside Kent Police officers, as specified in Exhibit A. m The Contractor further represents that the services furnished under this Agreement will be performed U) in accordance with generally accepted professional practices within the Puget Sound region in effect at the c time those services are performed. ° .y N d II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in o Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete a the work by June 30, 2025. U- III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $205,000 m for the services described in this Agreement. The Contractor shall invoice the City monthly based on time u and materials incurred during the preceding month. The hourly rates charged for the Contractor's services o shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain a locked at the negotiated rates throughout the term of this Agreement. M� Go 0 Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment c by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in c2 this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit U card companies. The Contractor shall not charge those fees back to the City. a IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in L accordance with Ch. 51.08 RCW, the parties make the following representations: o U A. The Contractor has the ability to control and direct the performance and details of its L work, the City being interested only in the results obtained under this Agreement. U- a) m B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. o L a. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services, or the Contractor is engaged in an independently E established trade, occupation, profession, or business of the same nature as that involved under this Agreement. a PROFESSIONAL SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 65 4.F.a D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state, Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. �a m F. The Contractor maintains a set of books dedicated to the expenses and earnings of its i business. ° r V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon Q providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. m VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure a, in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, Q or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent •2 to the other that at the time of signing this Agreement, they are able to perform as required and their ) performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing o state or national declarations of emergency, or any current social distancing restrictions or personal 'y protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a- a) If any future performance is prevented or delayed by a force majeure event, the party whose ;v performance is prevented or delayed shall promptly notify the other party of the existence and nature of - the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be m effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and 5- continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. a M Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. v If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that Q may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the o loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the L Contractor. a) m VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the 5- Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. Q VIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or PROFESSIONAL SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 66 4.F.a suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. >, In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was W made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and L reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal 0 on the Contractor's part. Q i IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. m X. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Q Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. ) c 0 XI. MISCELLANEOUS PROVISIONS. y m A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ° contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. ;v U_ a) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the m covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those 5- covenants, agreements or options, and the same shall be and remain in full force and effect. Go a M C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in v writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Q parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred , in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or ; award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. o U m D. Written Notice. All communications regarding this Agreement shall be sent to the parties at L the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written a notice hereunder shall become effective three (3) business days after the date of mailing by registered or m certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. o a E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. E F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the a Contractor. PROFESSIONAL SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 67 4.F.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. >, H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the L City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. Q i I. City Business License Required. Prior to commencing the tasks described in Section I, the c Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. L J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any Q number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. c IN WITNESS, the parties below execute this Agreement, which shall become effective on y the last date entered below. All acts consistent with the authority of this Agreement and prior ,a) 0 L L LL M� W r V 0" 0 L- a. M Go 0 r c 0 ,L^ V U a L 0 U m m L LL 4) m T V 2 0 L a. r E V Q PROFESSIONAL SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 68 4.F.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: >, CU By: By: Print Name: Print Name: Dana Ralph N �L 0 Its: Its Mayor Q DATE: DATE: a� E m m NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Q CONTRACTOR: CITY OF KENT: Katya Wojcik Sara Wood Project Be Free, NPC City of Kent 306 Wells Avenue South, Unit D 220 Fourth Avenue South c Renton, WA 98057 Kent, WA 98032 N m 206-276-4322 (telephone) (253) 856-5856 (telephone) a katya.wojcik@project-be-free.com (email) swood@kentwa.gov (email) a� L LL 0 APPROVED AS TO FORM: m r a� 0 L Kent Law Department a Cl) 00 ATTEST: 40 r c �a ,L^ V Kent City Clerk Q �a L 0 U a� m L U- M0) W r V 0 L Q� E V r a PROFESSIONAL SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 69 4.F.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY w� The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. N L 0 The City of Kent and its contractors are subject to and will comply with the following: Q i • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); E a� a� L • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Q Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); as 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement U) of Title VI of the Civil Rights Act of 1964). c .y N • Ch. 49.60 RCW (Washington Law Against Discrimination) o L The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and U_ Regulations". m T U The following statements specifically identify the requirements the City deems necessary for any o contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of at all of the following is required for this Agreement to be valid and binding. If any contractor, M subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined QCOD below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. ,L^ V The statements are as follows: U a 1. I have read the attached City of Kent administrative policy number 1.2. L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, o race, color, national origin, age, or the presence of all sensory, mental or physical disability. a� L 3. During the time of this Agreement I, the prime contractor, will provide a written statement a to all new employees and subcontractors indicating commitment as an equal opportunity m employer. 0 L 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and a promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and a successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 70 4.F.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted _ programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. a� N •L B. Non-discrimination: The contractor, with regard to the work performed by it 0 during the contract, will not discriminate on the grounds of race, color, or national Q origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including E employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. Q N N C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or c supplier will be notified by the contractor of the contractor's obligations under this N contract and the Acts and the Regulations relative to non-discrimination on the o grounds of race, color, or national origin. a a� L D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will m permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain a compliance with such Acts and Regulations and instructions. Where any information Go required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with Q the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a� a� a. withholding payments to the contractor under the contract until the U_ contractor complies; and/or m b. cancelling, terminating, or suspending a contract, in whole or in part. 0 L F. Incorporation of Provisions: The contractor will include the provisions of a paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and E directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of a Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 71 4.F.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: a� N O t Pertinent Non-Discrimination Authorities: Q i i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part E 21. L ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Q N (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose °; property has been acquired because of Federal or Federal-aid programs and projects); Cn FU iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination c on the basis of sex); N - iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a a� V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); m vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as 0 0 amended, (prohibits discrimination based on race, creed, color, national origin, or o sex); a vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, o coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the c� programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Q viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities US (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation L regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) m (prohibits discrimination on the basis of race, color, national origin, and sex); •o X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority at Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with E disproportionately high and adverse human health or environmental effects on minority and low-income populations; Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 72 4.F.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); CU xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et C seq). N xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 0 7. The submission of the final invoice for this contract will constitute a reaffirmation that the Q preceding statements were complied with during the course of the contract's performance. E By signing below, I agree to fulfill the five requirements referenced above. L Q N By: d For: y c 0 Title: N a� 0 Date: a a� a� L U- M(D W T V 0" O L a M w 0 r c �a ,L^ V U Q v R L 0 U a� m L U- M0) W r V 0 L Q� E V r a EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 73 4.F.a CITY OF KENT ADMINISTRATIVE POLICY w� NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 c �a a� N L O r SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 Q i APPROVED BY Dana Ralph, Mayor E POLICY: L a Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, co if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: o .y N 1. Provide a written statement to all new employees and subcontractors indicating o commitment as an equal opportunity employer. a a� 2. Actively consider for promotion and advancement available minorities and women. U- a� m Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the a City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination o Policy Declaration, prior to commencing performance. a M co Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. ;a c� Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following Q duties for their respective departments. L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these o regulations are familiar with the regulations and the City's equal employment opportunity policy. a) 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. m 0 L r E V Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 74 4.F.a Exhibit A Scope and Schedule of Services o: Consultant: Project Be Free Program: Co-response services with Kent Police Department for domestic violence calls. •L Funding: $205,000 0 r Performance Period: July 1, 2024 - June 30, 2025 Q i c Agency Program Overview: a� a� Project Be Free will provide a co-response program in conjunction with the Kent Police Department/first responders to respond to domestic violence calls from Kent y residents. In general, Kent police officers will respond to the call and if appropriate and safe, will contact Project Be Free to co-respond on-site. Project Be Free will send two crisis responders to the site typically within 15-30 minutes to individually meet with household members and triage the situation. Project Be Free staff can c provide transportation to a safe site and/or assist with food/shelter/medical needs. N a� Project Be Free will also provide follow-up with the household, case management, ° a and offer up to ten therapy sessions either online or in person for no charge to assist individuals, couples, or family members. They typically assist households for U_ approximately three months and make referrals/connections to additional services. CO r The goals for the domestic violence co-responder program are: 0 L • Reduce repeat domestic violence calls. a • Reduce domestic violence workload for first responders. CO • Connect underserved Kent residents with appropriate support and referrals. r Performance Measures: L c� Project Be Free shall provide services in a manner which fully complies with all federal, state, and local laws, statutes, ordinances, rules, and regulations with the Q goal of reaching the following number of individuals during the performance period of this project: ;a c 0 Unduplicated City of Kent residents 200 L) served L Number of domestic violence calls 100 responded to on-site with Kent 00 r Police/First Responders Number of case management/follow up 150 ° sessions with Kent clients with sessions a r running approximately 30 minutes each. E Number of Kent clients connected to 100 appropriate support and referrals. Q Packet Pg. 75 4.F.a Budget: o: The total contract shall not exceed $205,000 with Project Be Free to be reimbursed a flat monthly rate of $17,083. Project Be Free may invoice monthly to Kent Police Department using an approved billing form along with appropriate supporting L payroll documents and client back up costs. r Reporting Requirements: Q Monthly Reporting: Project Be Free will submit monthly status reports to the Kent Police Department. Monthly reports will be due the five business days following the end of the previous Q month. The monthly reports will address the following questions: • Briefly describe the work accomplished over the past month? • What successes has your program seen this past month? • What challenges has your program seen this past month? • Do you have any challenges or issues you need to discuss with AWC? c Final Reporting: o The agency shall collect and retain demographic data from the persons served a through this contract. Data should be tracked in an ongoing manner and submitted in a final report to Kent Police July 24, 2025. Programs should make reasonable U_ efforts to collect and report on the following information: m Describe program participants including: • Number of individuals served o L • Gender (Male, Female, Nonbinary, etc.) of individuals served a • Age of individuals served Co • Veteran status of individuals served 40_ • Substance abuse or mental health issues of individuals served r • Reason for contact L • Outcome of contact (No outcome, referral to services, involuntary transport, U etc.) Q • Long-term outcome of individual receiving services (No outcome, permanent housing, shelter, etc.) • Describe the type of program funded and the geographic area served. • Explain how the program targeted vulnerable individuals. U • Explain how the program created greater access for vulnerable individuals to available programs and services. U_ • Discuss program successes and challenges. m r Reporting Due Dates: o Report Due Date a r Monthly Status Reports: Due to Kent PD within 3 days following a) end of previous month. E Final Report: Due to Kent PD by July 24, 2025 r a Packet Pg. 76 4.F.a Exhibit B Insurance Requirements w� Insurance Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder a by the Contractor, their agents, representatives, employees, or �! subcontractors. A. Minimum Scope of Insurance a N Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover o liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, o and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate U_ Per Project Endorsement ISO form CG 25 03 11 85. The City shall be m named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the o City using ISO additional insured endorsement CG 20 10 11 85 or a a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. c� U The Contractor may use Umbrella or Excess Policies to provide the a liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall L provide all the insurance coverages herein required. The Umbrella or o Excess policies shall be provided on a true "following form" or broader � coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. m T U Automobile Liability insurance providing bodily injury and property •o damage liability coverage for all automobiles/vehicles used in the a performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO E form CA 00 01, or a substitute form providing equivalent liability a Packet Pg. 77 4.F.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CU o: Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. L 0 r B. Minimum Amounts of Insurance a i Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no a less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of cn Kent, et. al. i 0 Automobile Liability insurance with a minimum combined single limit U) for bodily injury and property damage of $1,000,000 per occurrence. o a If the Contractor maintains broader coverage and/or higher limits than the L U_ minimums shown above, the City requires and shall be entitled to the m broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits o of insurance and coverage shall be available to the City. The above policy a limits may be obtained with excess liability (umbrella) insurance. co C. Other Insurance Provisions r L The insurance policies are to contain, or be endorsed to contain, the following provisions: a r 1. The Contractor's insurance coverage shall be primary insurance L with respect to the City. Any insurance, self-insurance, or o insurance pool coverage maintained by the City shall be in U 0 excess of the Contractor's insurance policies and shall not P contribute to the Contractor's insurance policies. 0 ca 0 2. Contractor's insurer must deliver, or mail written notice of •o cancellation to the named insured at least forty-five (45) days a before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's a Packet Pg. 78 4.F.a insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of w� any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the a endorsement naming the City as an additional insured shall be �! attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall a also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's CO liability. 0 D. Acceptability of Insurers 0 L Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. U_ E. Verification of Coverage m 0 Contractor shall furnish the City with original certificates and a copy of the a amendatory endorsements, including but not necessarily limited to the Go additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. a F. Subcontractors L 0 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance m requirements as stated herein for the Contractor. A) 0 L a. r E V Q Packet Pg. 79 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: August 20, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Joint Funding Agreement with the U.S. Geological Survey — Authorize MOTION: I move to authorize the Mayor to sign the Joint Funding Agreement for Water Resource Investigations with the U.S. Geological Survey, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This agreement is part of an ongoing partnership with the City and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2025, the City will contribute $127,605 to the total annual program costs of $175,730 with the USGS and the City of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations in real time. The stream flow measured at the Rock Creek and Kent Kangley Road gage is included in the Clark Springs Habitat Conservation Plan to determine the City's agreed to augmentation flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at seven gages. Two are located on Mill Creek, one on Springbrook Creek, one on Rock Creek, and three on the Green River. The gage information is available to the public real-time at <http://waterdata.usgs.gov/wa/nwis/current?type=flow.> BUDGET IMPACT: Costs for this contract will be charged partially to the Water Utility (Rock Creek gage) and partially to the Stormwater Utility (Green River, Mill and Springbrook gages). SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 80 4.G Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. USGS JFA City of Kent FFY 2025(PDF) Packet Pg. 81 4.G.a Form 9-1366 U.S. Department of the Interior Customer#:6000000723 (May 2018) U.S. Geological Survey Agreement#:25YGJFA09800 Joint Funding Agreement Project#:YGOOHIU 0100 FOR TIN#:91-6001254 Water Resource Investigations Fixed Cost Agreement YES[X] NO[ ] N L O THIS AGREEMENT is entered into as of the October 1,2024, by the U.S. GEOLOGICAL SURVEY, Washington Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Q Kent party of the second part. i 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation for negotiated deliverables(see attached), herein called the program. The USGS legal authority is 43 USC 36C;43 USC 50, and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work tM o directly related to this program. 2(b) include In-Kind-Services in the amount of$0.00 0 a� (a) $35,200 by the party of the first part during the period October 1,2024 to September 30,2025 (b) $127,605 by the party of the second part during the period t October 1,2024 to September 30,2025 .r (c) Contributions are provided by the party of the first part through other USGS regional or national programs, 3 in the amount of: $0 c m Description of the USGS regional/national program: L Q (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. :a c (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters u_ between the parties. 0 3.The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. LO 0 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review 7T- by an authorized representative of the party of the first part. N 0 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or N their authorized representatives.The methods employed in the field and office shall be those adopted by the party of LL LL the first part to insure the required standards of accuracy subject to modification by mutual agreement. c 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be Y open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, o either party may terminate this agreement upon 60 days written notice to the other party. >, r U 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon Q request, copies of the original records will be provided to the office of the other party. LL Cn 8.The maps, records or reports resulting from this program shall be made available to the public as promptly as 0 possible. The maps, records or reports normally will be published by the party of the first part. However,the party of U) the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by E either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work(SOW)are subject to applicable USGS c�v review, approval, and release requirements,which are available on the USGS Fundamental Science Practices Q website(https://www.usgs.gov/office-of-science-quality-and-integrity/fundamental-science-practices). Packet Pg. 82 4.G.a Form 9-1366 U.S. Department of the Interior Customer#:6000000723 (May 2018) U.S. Geological Survey Agreement#:25YGJFA09800 Joint Funding Agreement Project#:YGOOHIU 0100 FOR TIN#: 91-6001254 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at N L 31 U.S.C. § 3717)established by the U.S.Treasury. 0 t r 3 Q m USGS Technical Point of Contact Customer Technical Point of Contact U) Name: Christopher Laveau Name: Mike Mactutis R Supervisory Hydrologist Manager Environmental Engineering V Address: 934 Broadway Suite 300 Address: 220 4th Ave S o Tacoma, WA 98402 Kent, WA 98032 0 Telephone: (701)213-8694 Telephone: (253)856-5520 Fax: (n/a) Fax: (n/a) Email: cdlaveau@usgs.gov Email: mmactutis@kentwa.gov a� t .r t USGS Billing Point of Contact Customer Billing Point of Contact 3 Name: Sharbra Gordon-scott Name: Mike Mactutis y Budget Analyst Manager Environmental Engineering E Address: 934 Broadway Suite 300 Address: 220 4th Ave S m Tacoma, WA 98402 Kent,WA 98032 Q Telephone: (253)552-1698 Telephone: (253)856-5520 Fax: (253)552-1581 Fax: (n/a) c Email: sgordon-scott@usgs.gov Email: mmactutis@kentwa.gov u_ c U.S. Geological Survey United States City of Kent Department of Interior 00 0 In Signature Signatures c N LL By Date: July 16,2024 By Date: u_ Name:Acting for: Scott VanderKooi Name: m Title: Center Director Title: Y 0 r By Date: U Name: LL Title: U) By Date: r Name: m Title: E t R r r Q Packet Pg. 83 4.G.a City of Kent Attachment for 25YGJFA09800 2024-10-01 to 2025-09-30 SURFACE WATER SITE FUNDS d Collection Description USGS COOP TOTAL N L O 12113150 GREEN RIVER ABOVE S 277TH ST AT KENT,WA Full Range Streamflow Station $24,200 $24,200 Q 12113310 GREEN RIVER BELOW MEEKER ST AT KENT,WA Full Range Streamflow Station $24,200 $24,200 12113344 GREEN RIVER AT200TH STREET AT KENT,WA Full Range Streamflow Station $12,925 $12,925 12113346 SPRINGBROOK CREEK AT ORILLIA,WA U) Full Range Streamflow Station $8,800 $15,400 $24,200 cC 12113347 MILL CREEK AT EARTHWORKS PARK AT KENT,WA v Full Range Streamflow Station $8,800 $15,400 $24,200 p 12113349 MILL CREEK NEAR MOUTH AT ORILLIA,WA p Full Range Streamflow Station $8,800 $15,400 $24,200 N 12118400 ROCK CREEK AT HIGHWAY 516 NEAR RAVENSDALE,WA Full Range Streamflow Station $8,800 $15,400 $24,200 Total: $35,200$122,925$158,125 CLIMATE 3 SITE FUNDS Collection Description USGS COOP TOTAL d 12118400 ROCK CREEK AT HIGHWAY 516 NEAR RAVENSDALE,WA d Precipitation,Continuous $4,680 $4,680 t Total: $4,680 $4,680 O1 C GRAND TOTAL:$35,200$127,605$162,805 C 3 LL r� C O LO 00 O to N O N LL LL C N Y 4- 0 r U a LL U) 0 U) E a Packet Pg. 84