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COW 2020-02-24 COMPLETE AGENDA PACKET
Tukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci/members: •:• Verna Seal •:• Kathy Hougardy • ; David Cline, City Administrator + Kate Kruller ❖ Thomas McLeod De'Sean Quinn, Council President ❖ Zak Idan •:• Cynthia Delostrinos Johnson Monday, February 24, 2020; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Review of Request for Proposals for City Attorney services. Pg.1 PRESENTATIONS (1) Presentation from Kenyon Disend regarding City Attorney services, to include questions from Council. (2) Presentation from Ogden Murphy Wallace regarding City Attorney services, to include questions from Council. 3. PUBLIC At this time, you are invited to comment on items not includedon this agenda COMMENTS (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. PUBLIC An ordinance regarding the draft Parks, Recreation and Open Space Pg.9 HEARING (PROS) Plan. 5. SPECIAL ISSUES a. An ordinance regarding the draft Parks, Recreation and Open Space Pg.9 (PROS) Plan. b. A contract with Dell for laptops in the amount of $476,317.00. Pg.15 c. A contract for a Citywide budget software tool. Pg.25 d. Funding for additional Transport Officers for inmate appearances in Pg.151 Court, in the amount of $188,000.00. e. Funding for Police records digitization project, in the amount of Pg.175 $150,000.00. f. Financing for the 42nd Avenue South Bridge Replacement Project. Pg.189 6. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 7. MISCELLANEOUS 8. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE / SPECIAL MEETING February 24, 2020 Page 2 ❖ SPECIAL MEETING ❖ ❖ Ord #2625 •:• Res #1983 1. CALL TO ORDER / ROLL CALL 2. CONSENT a. Approval of Minutes: 1/27/20 (Special Mtg.); 2/3/20 (Regular Mtg.) AGENDA b. Accept as complete the Tukwila Urban Center Pedestrian/Bicycle Pg.201 Bridge Project (contract #16-093) with SB Structures, LLC, of Seattle; authorize release of retainage, subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $6,309,080.12. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 213120.] c. Accept as complete the 2019 Overlay and Repair Project (contract Pg.211 #19-087) with Tucci and Sons, Inc., of Tacoma; authorize release of retainage, subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $1,223,799.43). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 213120. ] d. Authorize the Mayor to sign a contract with KPG, Inc., for on -call Pg.219 engineering and design services for the Neighborhood Traffic Calming Program in the amount of $80,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 213120.] e. Authorize the Mayor to sign a contract with Hart Crowser, Inc., for Pg.235 geotechnical engineering services for the Public Works Fleet and Facilities buildings in the amount of $80,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 213120.] f. Authorize the Mayor to sign a contract with King County for the Pg.261 ORCA Business Passport Program in the amount of $73,695.00. [Reviewed and forwarded to Consent by the Finance Committee on 2110120.] 3. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. EXECUTIVE SESSION - Potential Litigation — Pursuant to RCW 42.30.110(1)(i) — 30 minutes 5. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityC1erU1Tukwi1aWA.qov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2,04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council CC: Mayor Ekberg FROM: David Cline, City Administrator Juan Padilla, Human Resources Director DATE: February 19, 2020 SUBJECT: Responses to Request for Proposals for City Attorney Services BACKGROUND The City advertised a Request for Qualifications and Proposals for City Attorney Services (RFP) on December 18, 2019 and January 8, 2020 in the Seattle Times and the Daily Journal of Commerce as well as with the King County Bar Association and the Minority Bar Associations. Two firms submitted proposals for consideration: Kenyon Disend, PLLC and Ogden, Murphy, Wallace, PLLC. Below is a brief summary of the proposed team and fee structure. Please refer to the February 10, 2020 Finance Committee packet to review the proposals that outline each firm's qualifications, philosophy and approach to providing attorney services to Tukwila. Kenyon Disend, PLLC Ogden Murphy Wallace, PLLC Proposed City Mike Kenyon, City Attorney Kari Sand, City Attorney Attorney Lisa Marshall, Deputy City Attorney Daniel Kenny, Assistant City Attorney Team Andrew Tsoming, Assistant City Attorney Emily Miner, Associate City Attorney Alexandra Kenyon, Assistant City Attorney Proposed Monday: City Attorney Monday: City Attorney Compensation Tuesday: City Attorney and Asst. City 10:30 AM — 7 PM Onsite 24 Attorney Tuesday: City Attorney Hours per Wednesday: Asst. City Attorney 9 AM — 5:30 PM week & Thursday: Asst. City Attorney Attendance at 8 AM — 4:30 PM Regular Council Meetings $29,467 per month $33,940 per month $6,800 /wk. x52 weeks/12 months Per Year @ 24 $407,280 per year $353,604 per year Hours per week Proposed $46,840 per month $51,133 per month Compensation ($11,200 p/wk. x52 weeks/12 months) 40 hours per week Per Year @ 40 $562,080 per year $613,596 per year Hours per week Hourly Rate Mike Kenyon - $350.00 Kari Sand - $300-$350 Schedule Lisa Marshall - $300.00 Daniel Kenny - $300 - $350 Andrew Tsoming - $175.00 Emily Miner - $250 - $275 Alexandra Kenyon - $175.00 INFORMATIONAL MEMO Page 2 DISCUSSION The RFP's were reviewed at the February 10, 2020 Finance Committee meeting where Councilmembers provided input on the interview questions and about the overall process going forward. On February 14, 2020 the City interviewed both firms. The Interview Panel consisted of Council President De'Sean Quinn, City Administrator David Cline, Police Chief Bruce Linton, Finance Director Vicky Carlsen, Community Development Director Jack Pace, and Human Resources Director Juan Padilla. Both firms have a long history of providing municipal city attorney services in this region and both have experienced lead attorneys who would be the City's main point of contact. Both firms also identified two to three other attorneys who would provide additional services. The following criteria were used to rate the firms: • Advanced knowledge of all municipal government legal issues. • Availability of attorneys proposed to provide attorney services. • Billing rates of attorneys proposed to provide attorney services. • Advanced understanding of employment law. • Advanced understanding of Washington State land use law. • Advanced understanding of public disclosure. • Proposed fee structure. • Qualifications of key staff that will be assigned to the City. • Reference results. After two hours of interviews and discussion amongst the interview panel, both firms were fairly tied across these criteria. This confirms the original expectation that either firm would provide good legal advice and support to the City. City staff committed to checking references during this week and will provide this information to the Council in the following week. Both firms will be presenting at the February 24 Committee of the Whole meeting and will be available to answer questions after the presentation. On March 2, 2020 the Council will have an opportunity to give direction to City Administration to enter into contract negotiations with one of these firms. The contract will return for Council discussion and approval at the March 16, 2020 Regular Meeting. RECOMMENDATION The City has two highly qualified firms to choose from and will need to decide which firm best meets the City's needs at this time. Based on Ms. Sand's specialty in employment law and her experience as an in-house City Attorney, as well as Ogden Murphy Wallace having a larger firm with more attorneys on staff, the interview panel recommends Council authorize City Administration to negotiate a contract for legal services with Ogden Murphy Wallace. There is a benefit from having a new and different perspective on legal services to ensure that the City is continually providing high quality services. Ogden Murphy Wallace has provided good legal support for several cities within the Puget Sound area for more than 30 years. Some of the areas which the panel believes could benefit from a new perspective include personnel policies, contracting, and land use. The interview panel also recommends a regular review of attorney services. This process has highlighted the need for the City to be more diligent in reviewing its city attorney services on a more regular basis to ensure these services are meeting current and long-term needs. 2 Kari L. Sand Daniel P. Kenny Emily F. Miner OGDEN MUN PHY I WALLA C E ATTORNEYS The Right Team for Tukwila 0 Team Lead Team Member Team Member • Labor Law Negotiation and • Constitutional Rights Public Records Act Representation • Telecommunications Compliance • Land Use Litigation • Clear Communicator • IT Contracting and • Proactive and Solutions Negotiation Oriented • Collaborative Approach ors 12 municipal attorneys dedicated to the City of Tul<Wila © 40 additional attorneys providing services in specialized practice areas: Corporate & T L �nsactions ® Real Estate 8! Land Use ® Environmental ® Litigation Workplace Investigations ® Cyber Security Construction ® Labor & Employment Sean,iless integration into the Ci-L"y's team ® Options -based advice ® Pro/con risk analyses ® Preparedness ® Responsiveness Practical guidance Creative solutions 3 cn • 3 days a weep • 8 hours a day ® 4 days a week • 8 hours a day 6 0 • 5 days a week • 8 hours a day u�. I MX/ � 1 sir ^r i /8<l 4 low I O M• Ar fill-III J .- TUKWILA T M TUKWILA' t� t�nr 1� i �. _� + �► . v 767TL. Sand ksand@omwiaw.com 206.447.2250 ; Daniel P. Kenny dpkenny@omwlaw.com�' 206.447.2258 Emily F. Miner eminer@omwlaw.com - 206.447.8321 err" .` _� .1 � z.!' rig•, . _. .. S COUNCIL AGENDA SYNOPSIS nitials Meeth Date Pre.pared b Mayors review Council review 02/24/20 RE 03/23/20 RE 04/06/20 RE ITEM INFORMATION ITEM NO. 4 & 5.A. S'rAFFSPONSOR: ROBERT EATON ORIGIN.ILAGENDA DA'I"E•: 02/24/20 AGENDA I,rEM TITLE Adopt by Ordinance, the 2020 Parks, Recreation, and Open Space Plan. CATEGORY ® Discussion g Date 03/23/20 Mt ❑ Motion Mt g Date ❑ Resolution A4tg Date ® Ordinance Mtg Date 04/06/20 ❑ Bid_,livard lltg Date ® Public Hearing Nltg Dale 02/24/20 ❑ Other A1tg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑.Finance ❑Fire ❑TS ®P&R ❑Police ❑Pll'/ ❑Court SPONSOR'S The current 2014 - 2019 Parks, Recreation, and Open Space (PROS) Plan was adopted in SUMMARY 2014 and needs to be updated. Staff have been working with a consultant since May of 2019 to update the plan. The new 2020 - 2025 PROS Plan is ready for adoption by Ordinance. The plan needs to be adopted at the April 6, 2020 Regular Meeting to be eligible for potential future grant funding from the Washington State Recreation and Conservation Office (RCO). REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/24/20 AND 03/02/20 COMMITTEE CHAIR: KRULLER/MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation COMMI'I'I'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPEND]'I'URt' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 Public Hearing 03/23/20 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 02/24/20 DRAFT Ordinance adopting the 2020 Parks, Recreation and Open Space Plan DRAFT Parks, Recreation and Open Space Plan (located in the Digital Records Center) 03/23/20 04/06/20 10 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee AND Planning & Economic Development Committee FROM: Rick Still, Parks & Recreation Director BY: Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: February 24, 2020 SUBJECT: Parks, Recreation, and Open Space Draft Plan Review and Final Adoption ISSUE Review, discussion, and adoption by ordinance of the 2020 Parks, Recreation, and Open Space Plan. BACKGROUND An agency has a Parks, Recreation, and Open Space (PROS) Plan for a number of reasons. It helps to establish the parks and recreation needs of a community and identifies strategies to meet those needs. It establishes a 6-year Capital Improvement Plan and provides policy and standards to guide the department for the future. It also serves as the Open Space Plan which is required for the City to be eligible for State and Federal grant funding. Staff is proposing to adopt an updated PROS Plan in 2020 for the following reasons: • The most recent PROS Plan was adopted in 2014 and expired in 2019. • The PROS Plan was budgeted to be updated in 2019 according to the 2019 — 2024 Financial Planning Model and Capital Improvement Program. • The PROS Plan serves as the Master Plan for Parks, Recreation, and Open Space. In order to continue to qualify for Federal and State Grant Funding, this must be updated. • Significant changes have occurred since the current PROS Plan was adopted in 2014, including demographic, financial climate, service providers, and department staffing levels. The plan will help to forecast future trends and their impact on parks and recreation. • The PROS Plan evaluates the parks system, recreation programs, facilities, and events; identifies underserved portions of the community; and provides recommendations and funding strategies to help meet identified needs. • The PROS Plan takes into account the City's Strategic Plan, Comprehensive Plan, countywide planning policies, and the Growth Management Act. The current 2014 — 2019 Parks, Recreation, and Open Space (PROS) Plan was adopted by Ordinance Number 2207 on February 18, 2014 and amended by Ordinance Number 2573 on May 7, 2018 (in conjunction with the Parks Impact Fees update). Staff have been working with a consultant, MIG, since May 2019 to update the PROS Plan. 11 INFORMATIONAL MEMO Page 2 On October 29, 2019, MIG presented an update to the Community Development and Neighborhoods Council Committee on the PROS Plan process and accomplishments. The update included community engagement efforts, needs assessment findings, and key challenges, barriers, and potential opportunities. The 2019 CDN Committee provided valuable input on the plan development. At the December 4, 2019 Community Development and Neighborhoods Council Committee, staff shared the top ten key needs identified through the community engagement process, along with capital projects and priorities. The Council Committee reviewed, discussed, and provided feedback to staff to help guide future decision making on capital projects and priorities that best address the key needs. The culmination of all the community and committee work is captured in the draft 2020 — 2025 PROS Plan, which is complete and open to the public for review and comment. DISCUSSION A draft version of the PROS Plan was made available to the public on Friday, February 14, 2020 for review and comment (Attachment A). The review period closes Sunday, March 1, 2020. Concurrently, the draft PROS Plan was distributed to all Councilmembers. Staff are facilitating review and discussion of the draft plan with both the Community Services & Safety and Planning & Economic Development Council Committees. Additionally, there is a public hearing scheduled for February 24, 2020 Committee of the Whole. Once the review period closes, the consultant will update the plan and a final version will be presented at the March 23, 2020 Committee of the Whole, and subsequent April 6, 2020 Regular Meeting for adoption by ordinance (Attachment B). The final plan will need to be adopted at the April 6, 2020 Regular Meeting to be eligible to apply in this 2-year cycle for potential future grant funding from the Washington State Recreation and Conservation Office (RCO). If the plan is not adopted by that time, special permission will have to be pursued from RCO to become eligible, however, it is not guaranteed. Here is a summary of the review and adoption schedule for reference. 2/14 — Draft plan distributed to all Councilmembers 2/24 — CSS Committee draft plan review & feedback 2/24 — COW Public Hearing 3/2 — PED Committee draft plan review & feedback 3/23 — COW Plan Adoption (discussion) 4/6 — REG Plan Adoption by Ordinance FINANCIAL IMPACT n/a RECOMMENDATION The Council Committees are being asked to consider this item and approve sending the final version of the PROS Plan to the March 23, 2020 Committee of the Whole and the April 6, 2020 Regular Meeting for adoption by ordinance. ATTACHMENTS A. DRAFT Ordinance adopting the 2020 — 2025 Parks, Recreation, and Open Space B. DRAFT 2020 — 2025 Parks, Recreation, and Open Space Plan Z:ICouncil Agenda Items\Parks and Recreation\CSS 2.24.201PROS Plan Review and Adoptionl1. MEMO - DRAFT PROS Plan Review and Adoption - CSS & 12 PED (2-19-20) - FINAL.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PARKS, RECREATION, AND OPEN SPACE PLAN FOR THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2430 AND 2573; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.062 authorizes the City of Tukwila to perform comprehensive park and open space planning; and WHEREAS, the Tukwila City Council requested that (through the Parks and Recreation Department) the administration prepare an updated Parks, Recreation, and Open Space (PROS) Plan; and WHEREAS, to remain eligible for state funding the City's PROS Plan must be updated every six years as required by the Washington State Recreation and Conservation Office; and WHEREAS, the PROS Plan has been evaluated as appropriate under SEPA pursuant to RCW 43.21 C in 2019; and WHEREAS, the City administration and Park Commission have completed review and modification of the PROS Plan, and have forwarded the 2020 Parks, Recreation, and Open Space Plan to the City Council for review and adoption; and WHEREAS, the PROS Plan was presented to the public for comment and modification at a public hearing on February 24, 2020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The 2020 Parks, Recreation, and Open Space Plan, attached hereto as Exhibit A, is hereby adopted. Section 2. A copy of the 2020 Parks, Recreation and Open Space Plan shall be kept on file electronically and accessible from the City's website in accordance with Washington State records retention schedule requirements and City policy, and shall be made available to the public upon request. W: Word Processing\Ordinances\PROS Plan adopted 2-4-20 RE:bjs Review and analysis by Barbara Saxton Page 1 of 2 13 Section 3. A copy of this ordinance and the Parks, Recreation, and Open Space Plan shall be filed with the following City departments: 1. Community Development 2. Public Works Department 3. Finance Department 4. Parks & Recreation Department 5. Mayor's Office Section 4. The 2014 Parks, Recreation, and Open Space Plan, adopted by Ordinance No. 2430 on February 18, 2014, and amended by Ordinance No. 2573 on May 7, 2018, is hereby repealed. Section 5. Repealer. Ordinance Nos. 2430 and 2573 are hereby repealed. Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — 2020 Parks, Recreation, and Open Space Plan W: Word Processing\Ordinances\PROS Plan adopted 2-4-20 RE:bjs Review and analysis by Barbara Saxton 14 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meetingo Date Prepared by Ma ors rei ie»p Council review 02/24/20 TEH 03/02/20 TEH ITEM INFORMATION ITEM NO. STAFF SPONSOR: JOSEPH TODD O1tIGINAI.AGENDA DA'1'1?: 02/24/20 AGENDA I'I'EIvi TITI,1 Dell - Hardware refresh 2020 CA'19 GORY ® Discussion Mtg Date 02/24/20 ® Motion Mtg Date 03102120 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑Other lbltg Date SPONSOR ❑Council ❑Mayor ❑1-IR ❑DCD ❑.Finance ❑Fire ®TS ❑P&R ❑Police ❑PIVI ❑Court SPONSOR'S In 2017, the Council approved a 3 year Dell lease of laptops to replace the outdated SUMMARY desktop computer systems throughout the city. This provided the city with the infrastructure to handle modern cloud and computer based applications. This lease is up for renewal, and in order to continue to provide stable computing environment for integral city business, the Committee is being asked to forward the new proposed Dell Lease to the 2/24 C.O.W. and Regular Meeting consent agenda of 03/02/2020. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2-24-20 COMMIT -FEE CI-IAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Technology Innovation Services COMMI'I'1'EE Finance Committee COST IMPACT / FUND SOURCE EXPENDI FURL RF,QUIRI,.D AMOUNT BUDGETED APPROPRIATION REQUIRED $476,317 $476,317 $0 Fund Source: 000.12.518.880.45.00 -RENTAL -TECHNOLOGY REFRESH AND 000.12.518.41.00 Comments: $476,317 over 3 year term including tax MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 Forward to next Regular Meeting 03/02/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum Dell Lease Contract 03/02/20 No attachments 15 16 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Joseph Todd (TIS) BY: Mike Marcum (TIS) CC: Mayor Ekberg DATE: February 24, 2020 SUBJECT: Dell Hardware Refresh 2020 BACKGROUND As part of the 2016 Technology and Innovative Services Strategic Plan, the City proposed a 3 year replacement or refresh program for all computer devices. In 2017, the Council approved a Dell lease of laptops to replace the outdated desktop computer systems throughout the city. This provided the city with the infrastructure to handle modern cloud and computer based applications. DISCUSSION Having the lease has provided opportunities for streamlining hardware support, increased network security, and has promoted productivity with the mobility that has been realized. The lease expires March of 2020. In order to continue to provide standardized hardware and software options across the city that support modern cloud and computer based applications, TIS is seeking to renew the contract for an additional 3 years. FINANCIAL IMPACT The financial impact is $476,317 over a 3 year term, which includes tax. This has been budgeted in TIS under 000.12.518.880.45.00 — Rental Technology Refresh and 000.12.518.41.10 Professional Services. RECOMMENDATION The committee is being asked to consider the Dell contract and forward to the 2/24/20 C.O.W. and 3/02/20 Regular Meeting Consent Agenda. ATTACHMENTS Dell Contract 17 in City of Tukwila Client Refresh 2020 with Qty 13 Precisions your davenport group representative Ryan Gray account executive rgray 6davenportgroup.com cell: 360.680.1030 corporate: 877-231-9114 City of Tukwila Jay Smoot 6300 Southcenter Blvd Suite 202 Tukwila, WA 98188 us .SmOOt(a)tuKWHawa Summary Quote Number: KPFY01091 Date: 2/14/2020 Quote Expiration: 3/15/2020 Option 2 (Standard Notebook) Dell Latitude 5300 2-IN-1, WD19 SubTotal I $297,232.00 Dell Latitude 7220 Rugged and Peripherals SubTotal 1 $107,300.00 Mobile Precision 5540 and WD19 Dock SubTotal 1 $28,483.00 rlavAnnnrtnrni in 208 Dell Latitude 5300 2-IN-1 8th Generation Intel Core i7-8665U Processor (4 Core,8MB Cache,1.9GHz,15W, vPro-Capable) 8GB, 1x8GB, DDR4 Non-ECC M.2 256GB PCIe NVMe Class 40 Solid State Drive Win 10 Pro 64 English, French, Spanish 13.3" FHD (1920 x 1080) Anti -Reflective, IPS, Touch, RGB Camera & Microphone, WLAN Capable Single Pointing US English Keyboard with Backlight Intel Dual Band Wireless AC 9560 (802.11ac) 2x2 + Bluetooth 5.0 4 Cell 60Whr ExpressCharge Capable Battery 65W AC Adapter, 7.4mm Barrel Palmrest with No Fingerprint Reader and No SmartCard Reader 3 Year ProSupport Plus Warranty 208 WD19 90w Power Delivery -130w AC 3 Year Advanced Exchange Service Option 2 (Standard Notebook) Dell Latitude 5300 2-IN-1 , WD19 SubTotal Quote $1,280.00 $266,240.00 $149.00 $30,992.00 $297,232.00 Continued On Next Page.... davenportgroup 1 50 Dell Latitude 7220 Rugged 8th Generation Intel Core i3-8145U Processor (2 Core,4MB Cache,2.1GHz,15W) 8G13 2133MHz LPDDR3 Memory M.2 128GB PCIe NVMe Class 35 Solid State Drive Win 10 Pro 64 English, French, Spanish 11.6", FHD (1920 x 1080),1000 Nit Outdoor -Readable, AG/AS/Polarizer, Glove -Capable Multi-tch Screen Single Pointing US English Keyboard with Backlight Intel Wireless -AC 9560 802.11ac, upto 1.73Gbps (with Bluetooth) 34 Whr, 2 Cell, ExpressCharge Lithium Ion Battery Secondary 34 Whr, 2 Cell, ExpressCharge Lithium Ion Battery 45W AC Adapter 5 MP HD IR webcam /8 MP rear camera with Flash and Dual Microphone 3 Year ProSupport Plus Warranty 50 Dell Rugged Tablet Dock Dell Latitude 7220 Rugged and Peripherals SubTotal $1,885.00 $94,250.00 $261.00 $13,050.00 $107,300.00 Continued On Next Page.... r1nvPnnnrtnrniin 13 Mobile Precision 5540 Intel Core Processor i7-9750H, 6 Core, 12M Cache, 2.60GHz up to 4.5GHz Turbo, 45W 32GB,2x16GB, 2666MHz DDR4 Non-Ecc Memory M.2 512GB PCIe NVMe Class 40 Solid State Drive Nvidia Quadro T1000 w/4GB GDDR5 Windows 10 Pro 64bit English, French, Spanish Internal US English Backlit Keyboard Intel Dual Band Wireless AX200 2x2 + Bluetooth 5.0 vPro 6-cell 97 Whr Lithium Ion battery with ExpressCharge 130w Power Adapter 3 Year ProSupport Plus Warranty 13 Dell Thunderbolt Dock- WD19TB 3 Year Advanced Exchange Service $2,013.00 $26,169.00 $178.00 $2,314.00 Mobile Precision 5540 and WD19 Dock SubTotal $28,483.00 Total• • • rinvennortarnlin 3 Terms and Conditions Terms of payment are Net 15 days from shipment, unless otherwise agreed upon. Applicable taxes and shipping will be included on your invoice. Davenport Group reserves the right to cancel orders arising from pricing or other errors. A late fee of 1.5% per month will be assed for all amounts that are past due. The terms of this proposal are subject to credit approval. *Quotes and pricing terms are negotiated between Customer and Davenport Group and may be unique to the Customer. All data and information contained herein and provided by Davenport Group is considered confidential and proprietary. The data and information contained herein may not be reproduced, published or distributed beyond Customer organization, without the express prior written consent of Davenport Group. Thank you for your business! Signature Date rInvpnnnrtnrni►n 24 6 of 6 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared b Mayors review Council review 02/ 24/ 20 Vick 03/02/20 Vick ITEM INFORMATION ITEM NO. 5.C. STAFF SPONSOR: VICKY CARLSEN 2/24/20 AGENDA ITEM Tula: Authorize Mayor to sign contract with OpenGov CATEGORY ® Discussion Aftg Date 2/24/20 ® Motion Mtg Date 3/2/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAivard Mtg Date ❑ Public Hearing Mtg Date ❑Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ®Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIV ❑Court SPONSOR'S Council is being asked to authorize the Mayor to sign a contract with OpenGov for a City - SUMMARY Wide budget software package once contract negotiations have been completed. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/24/20 COMMITTEE CI-IAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMPI"TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDFI'URE RE,QUIRIa AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/24/20 Forward to next Regular meeting 3/2/20 MTG. DATE ATTACHMENTS 2/24/20 Informational Memorandum dated 2/19/20 OpenGov response to RFP Draft Software Services Agreement OpenGov Plan Letter 03/02/20 25 26 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director CC: Mayor Ekberg DATE: February 19, 2020 SUBJECT: Contract for Cloud -Based Budgeting Software ISSUE Authorize staff to negotiate contract with OpenGov for budgeting software. Once negotiations are completed to the satisfaction of the City, authorize Mayor to sign contract with OpenGov. BACKGROUND The City currently utilizes Eden (Tyler Technologies) for core financial functions (general ledger, accounts payable, accounts, receivable, payroll, etc.). The current suite of modules the City owns does include a budget module. However, the budget module only records line item budget requests then, once approved, transfers the approved budget into the general ledger for financial reporting. It does not include analytic tools, reporting capabilities, nor transparency with the budget process. Because of the lack of an effective budget module within our financial software system, the biennial budget is drafted utilizing only Excel and Word. It has been increasingly more difficult to produce an accurate budget within the time required and has taken significantly more staff time to update all files required to produce the draft budget. During the 2019-2020 budget cycle staff experienced numerous issues with the files that caused a number of problems including broken links between spreadsheets, formulas not updating, and spreadsheets crashing resulting in lost data. Because of the increasing severity of these problems with every budget cycle, it is no longer feasible to continue with the status quo. Staff explored three main options to develop a better budgeting process Option 1: Simplify the Budget Document Staff could continue building the budget in Excel and Word, but in order to ensure an accurate budget delivered to the City Council within the required timeframe, Finance would have to create a very simple line item budget document that would forego most of the existing charts and graphs, and eliminate the projected year end estimates. Staff does not recommend this option. Option 2: Eden Budgeting Module Tyler Technologies has made a new budgeting module for Eden users that would increase transparency and provide better reporting and analytical tools, However, most of the reports and charts currently utilized at the Council and Administration level would still need to come from Excel. Additionally, the new budget module for Eden does not have a way to budget by programs. 27 INFORMATIONAL MEMO Page 2 While it does take a step forward in improving the budgeting process, staff would still need to utilize Excel, which is the tool that is not reliable in our existing process. Staff does not recommend this option. Option 3: New Budget Tool The final option staff considered was to look for a new budget tool that would address process improvements, data reliability, transparency, and include robust reporting tools to assist with Council's decision -making responsibilities. Staff discussed this possibility with the Council's 2019 Finance Committee on multiple occasions. Staff researched budget software tools currently on the market and found a number of options available that ensure an efficient, streamlined, transparent budget process. Staff recommends this option, described in more detail below. DISCUSSION Staff issued an RFP for a budget software solution in January 2020 that was active for 2 weeks. Before the RFP was published it was reviewed by our attorney as well as by Info Tech, a company under contract with the TIS Department for various special IT projects. The City received 5 responses to the RFP that were then evaluated on the following criteria: Evaluation Criteria Experience and qualifications of company and resources assigned to project team Total cost of services Proven methodologies, tools, and implementation accelerators Availability of resources Industry experience, immediate and long-term capabilities Quality and relevance of references/project history Unconditional commitment to project success Ability to meet requirements and objectives as stated throughout the RFP Demonstrated value achieved on time and on budget in the industry and with similar organizations Financial stability of the organization Complimentary services (post live support, hosting, etc.) Quality and timeliness of submitted proposal and presentation Weight 15% 15% 10% 12% 10% 12% 10% 5% 7% 2% 1% 1% The table below lists the 5 bids received along with the total cost (exclusive of sales tax), including implementation and support, for years 1 through 5. Bidder Total Cost ClearGov $149,983 GNC $362,750 OneStream $907,920 OpenGov $348,290 Vena $243,436 After thorough review of the responses, demonstrations, and reference checks, staff has selected OpenGov's cloud -based budget solution as the best option to replace our current budget development process. INFORMATIONAL MEMO Page 3 OpenGov's budgeting and performance platform is an integrated budgeting and performance solution that aggregates and synchronizes financial and non -financial (performance measures) data. It streamlines the budget process from the initial stages of strategic planning and personnel forecasting and enables collaboration with departments throughout the budget development process. The platform includes management reports and customizable dashboards that can be provided to City staff to track and manage various financial and non -financial performance metrics. This platform would sit on top of our current financial system and enhance reporting capabilities for staff. Based on the demonstration, as well as reference checks, OpenGov is easy to learn and implement. This tool will allow staff to begin the budget process earlier, spend less time drafting the budget and more time with analysis, provide departments significantly better reporting through the use of dashboards, and increase transparency into the budget process. There is also an opportunity to develop an outward facing dashboard that would increase transparency and community engagement. Several local governments in Washington currently utilize this product, including the Cities of Olympia, Fife, Blaine, Shelton, Ocean Shores, and Washougal, as well as Thurston and Kittitas Counties. Staff would like to implement this product in time for the 2021-2022 budget development process. FINANCIAL IMPACT In order to receive the total negotiated price of $348,290, exclusive of sales tax, the City would need to sign a 5 year agreement. An agreement of less than 5 years would result in a higher annual cost. Costs for each year are as follows: Year 1 $78,906 Years 2 through 5 $67,346 each year While Finance staff believes that by adjusting a few planned programs, this cost can be absorbed within our existing budget, there is a slight chance that the Finance Department would require a minor budget adjustment at the end of the year for a portion of the costs associated with this contract. RECOMMENDATION Council is being asked to authorize staff to continue negotiating a contract, and once negotiations are completed, authorize the Mayor to sign a 5 year contract in an amount not to exceed $349,290, exclusive of sales tax. Council is being asked to consider this item at the February 24, 2020 Committee of the Whole meeting and subsequent March 2, 2020 Regular Meeting. ATTACHMENTS OpenGov response to RFP Draft Software Services Agreement OpenGov Plan Letter 29 30 Vendor Information Company Name OpenGov, Inc. Greg Balter Contact Name and Title Account Executive 955 Charter Street Redwood City, CA 94063 Mobile: (415) 230-9472 Contact Address, Phone, Email Email: gbalter@opengov.com Company Information Public vs. Private OpenGov, Inc. is a private corporation. Year Founded OpenGov was founded in 2012. Revenue and Income, Current and Prior Year As a privately held company, OpenGov does not disclose this information publicly. OpenGov is headquartered in Redwood City, CA. It maintains offices in Portland, OR; Chicago, IL; Office Locations: Headquarters, Implementation, New York City, NY; and Washington D.C. Implementation, support, and development for this project Support, Development will be based out of headquarters in Redwood City, CA. Portland, OR is the nearest regional office to Tukwila, WA. Support and implementation work will be Nearest regional office to Tukwila, WA based out of the Redwood City, CA headquarters. Website www.opengov.com OpenGov does not disclose exact employee counts separated by function. OpenGov has over 250 Employee Count: Total, Management, Sales, employees and is headquartered in Redwood City, CA, with other offices in Portland, Dallas, New Implementation, Support York, Chicago, Boston, and Los Angeles. Number of Customers Total Customers OpenGov works with over 2,200 public agencies across 48 states. Total Customers on Proposed Application The Proposed Application is the OpenGov Cloud. OpenGov has over 300 customers using the Budgeting piece of the Cloud, but 2,200 agencies who are on some form of the OpenGov Cloud altogether. Total Cities OpenGov works with over 1000+ Cities. Total Washington Cities OpenGov works with 12 cities in Washington State. Total Washington Customers (other than cities) OpenGov has 17 total customers in Washington. Total Customers Comparable to Our Size OpenGov serves over 150 governments who fall in the tier with a budget range of $100M to $200M. -Target Customer Profile Taraet Industries Sizing - Uers and Population Version Schedule With cloud -based software designed specifically for the public sector, OpenGov serves over 2,200 state and local governments ranging in size, including states like California, Texas, Illinois, Utah and Oklahoma, cities like Shelton, Olympia, Fife, Washougal, Woodland, Ocean Shores, and counties like Thurston and Kittitas. Our solution was designed to work for any size government with a focus on ease of use and purpose built for government. OpenGov develops its own cloud -hosted, SaaS products that are available 24/7 through the use of any web browser, on any computer. As such, the software that you purchase will be continuously updated with our latest fixes and updates. As a result, we don't have "versions" of our software. While traditional software is installed on -premise and places a heavy burden on every customer to maintain and update, OpenGov's SaaS model guarantees that every customer is always using latest features and enhancements to our software. This means that you would no longer need to pay for expensive customizations and teams of programmers to maintain a complex, unsustainable, and unreliable solution. Instead, you will receive a product that incorporates feedback from all governments in OpenGov's network, with updates occurring automatically every two weeks and ongoing support, giving your team a solution that is scalable, sustainable, easy -to -use, and affordable. Our updates are applied frequently and effortlessly to the customers. Because the software is centrally housed, new releases do not require an installation. With OpenGov, you will have access to Current Version and Release Date a platform that updates immediately, without a formal upgrade process and effort Proposed Version and Release Date Please see the responses to "Current Version and Release Date." On Premises release dates vs. Software as a N/A. OpenGov only releases software as Software -as -a -Service. We release new features and Service (SaaS) release dates functionality every two weeks after thorough testing and vetting and training. OpenGov's proposed solution is a cloud -based, Software -as -a -Service solution that generally releases patches, and enhancements weekly with product updates released on a two -week schedule. All updates and upgrades to an offering, including hot -fix releases, are made available automatically without additional license fees or services costs and are integrated into the solution seamlessly from the Customer's perspective. Accordingly, as we update and improve our solution, Frequency of Releases our customers get immediate access to the benefits. Indicate if specific module(s) are not yet released and their release date(s) Not applicable. OpenGov is able to deliver the solutions that are outlined in the scope of the RFP. w w Client Reference #1 (Washington State Client) Name of Entity County of Kittitas, WA Number of Employees 220 Population —50,000 Contact Name Judy Pless Contact Title Budget & Finance Manager Contact Telephone Number 509 962-7502 Contact Email Address judy.pless@co.kittitas.wa.us Products, Modules, Services Provided by Vendor OpenGov Cloud First Date of Business Relationship with Vendor Jul-18 Go -Live Date Sep-18 Rationale for Including Reference lWashington customer who has gone through 1 + budget cycles with OpenGov Client Reference #2 (Washington State Client) Name of Entity City of Blaine, WA Number of Employees 70 Population —5,500 Contact Name Jeff Lazenby Contact Title Finance Director Contact Telephone Number 360 332-8311 ext. 3305 Contact Email Address jlazenby@cityofblaine.com Products, Modules, Services Provided by Vendor OpenGov Cloud First Date of Business Relationship with Vendor Jun-18 Go -Live Date Sep-18 Rationale for Including Reference Washington customer who has gone through 1+ budget cycles with OpenGov Client Reference #3 Name of Entity City of Cupertino, CA Number of Employees 200 Population —65,000 Contact Name Thomas Leung Contact Title Senior Management Analyst Contact Telephone Number 778-968-4846 Contact Email Address ThomasL@cupertin� Products, Modules, Services Provided by Vendor OpenGov Cloud First Date of Business Relationship with Vendor Nov-14 Go -Live Date Feb-15 Rationale for Including Reference Long time customer who helped build our product. Can speak to partnership with OpenGov. Client Reference #4 Name of Entity City of Ashland, OR Number of Employees 260 Population —22,000 Contact Name Cindy Hanks Contact Title Deputy Finance Director Contact Telephone Number 541-552-2007 Contact Email Address cindy.hanks@ashland.or.us Products, Modules, Services Provided by Vendor OpenGov Cloud First Date of Business Relationship with Vendor Se -18 Go -Live Date Dec-18 Rationale for Including Reference I Biennial customer W �Technology All vendors are required to answer each question to the best of their ability. ResponseVendor rpm!— — , Technology (Select an from the 1 List remote access methods supported including drop -down options) Yes OpenGov's platform is a cloud -hosted Software -as -a -Service solution. Permissioned city staff can access OpenGov technologies, portals, etc. from anywhere, with any device. 2 Describe compliance with Service Oriented Yes The software is built with usability as the most critical aspect. The software allows for the integration with different Architecture (SOA). products and compile the information in a single platform where information can be displayed and analyzed in one place. The integration to other products can take several different methods. Depending on the needs of the City, OpenGov can integrate directly into the other products and update data on a desired frequency. OpenGov also allows for the use of Secure FTP sites for the transmission of data, along with direct upload and even the ability to enter data directly into the software. Indicate experience integrating and proposed Our implementation entails working with each department to develop KPIs that are quantifiable, measurable, and 3 method to other City applications and services Yes actionable. We want to develop KPIs that are aligned with departmental goals. OpenGov utilizes both direct -to -database (e.g. Web Services, API, etc.): and indirect -from -file integration mechanisms to import data from external systems into the OpenGov Platform, where it can be used in OpenGov's dashboards. OpenGov's ERP Integrations and Non -Financial integrations will allow you to streamline the process of integrating important data with a lightweight, self-service, solution that replaces manual uploads with automated FTP transfers. This approach delivers significant time savings and efficiencies without requiring significant investment of time. 3.1 Lucity — Time data for Payroll Yes We can create the protocol to bring in the data as described above. 3.2 and Police Yes OpenGov can create the protocol to bring in the data as described above. List integration technologies, e.g. Web Services, OpenGov's ERP Integrations and Non -Financial integrations will allow you to streamline the process of integrating 4 SOA, XML, etc. Flat file not preferred. Yes important data with a lightweight, self-service, solution that replaces manual uploads with automated FTP transfers. This approach delivers significant time savings and efficiencies without requiring significant investment of time. With OpenGov, all users are able to quickly create dashboards to answer their most pressing questions, regardless of technical ability, allowing everyone with access to OpenGov to leverage data to drive their decisions. Users have a few options when it comes to self -exploring data. For starters, they are able to build high level dashboards from any data they have access to, such as budget vs. actuals or performance measures. These dashboards can be Describe SharePoint strategy and level of created with just a few clicks and can be private or shared among multiple users. 5 integration, e.g. display data to dashboard, Yes document storage and retrieval, etc. In addition to high level dashboards, users can interact with data directly. OpenGov will summarize information based on any column in the dataset and then provide users with the option to drill -down to raw detail. From here users can export the information into excel or as a print -ready image. Behind the scenes, OpenGov is constructing all of the queries on the user's behalf. This allows less technical users to have the power to explore data without having to learn query languages. Describe functions supported by mobile 6 technology, e.g. workflow approvals, data look- Yes All mobile devices with an internet connection are supported. Full functionality is available on mobile devices. up's, etc. Include what devices and mobile OS's are support (iPads vs Surfaces, iOS vs. Android) Describe Web/Portal functionality for internal and 7 external users. Preference is to publish data to Yes OpenGov will provide a robust transparency platform, allowing users to download a single fiscal year of data at one time. the Web, interact with vendors and citizens, In fact, users can export as many fiscal years as are in the report. su ort online payments, etc. Indicate tools and utilities available for data purge OpenGov allows for unlimited amount of data on the platform. If the City wished to purge data, the data can be simple 8 and archiving processes. Yes deleted from OpenGov. OpenGov puts that ability in the customers control and will not delete data from the system, unless directed by the City. W 4 roduct Support I vendors are required to answer each question to the best of their ability. rVendo Responsl Product... Notes Development answer from the drop -down Attach a sample standard options) 1 service -level agreement (SLA) Yes Please refer to the attached SLA document. to this proposal. Below is a high level overview of OpenGov's system architecture. OpenGov offers a cloud -hosted, multi -tenant SaaS solution that is available 24/7 through the use of any web browser, on any computer. While traditional software is installed on -premise and places a heavy burden on every customer to maintain and update, OpenGov's multi - tenant SaaS model guarantees that every customer is always using the latest features and enhancements to our software. This means that you will no longer need to pay Attach technical specifications for expensive customization and teams of programmers to make a complex, unsustainable, and unreliable solution. Instead, you will receive a product that incorporates 2 (browser, network, and Yes feedback from all entities in OpenGov's network with bi-weekly or monthly updates and ongoing support, giving you a solution that is scalable, sustainable, easy to use, and operating system affordable. requirements) to this proposal. OpenGov software is hosted using Amazon Web Services (AWS), the same infrastructure used by large government agencies like the Center for Disease Control, the Department of State, and the Department of Health and Human Services for mission -critical applications. AWS's highly secure data centers utilize state-of-the-art electronic surveillance and multi -factor access control systems. Data centers are staffed 24x7 by trained security guards, and access is authorized on a least privileged basis. Attach information regarding 3 system performance metrics, Yes Please refer to the attached SLA document for details. including uptime, capacity, and response time. Attach any supplementary information and service levels 4 provided by relevant partners Yes Please refer to the attached SLA document for details. (hosting, customer service, Isupport, etc.). Do you provide on -site support 5 services and remote support Yes Please refer to the Statement of Work for this information. services? Disclose standard rates for this service, if any. OpenGov training and support strategy is multi -layered with many offerings to ensure our customers are successful in using OpenGov. Training is managed and produced by our Customer Success Team made up of government finance experts. During Deployment, your OpenGov Customer Success Manager and Analyst will provide your team with individualized training to get your platform up and running and to ensure your organization has a top-notch engagement and adoption plan for your users. Throughout deployment and post -deployment our customers are provided with training resources on our resource center and through our learning management system. Monthly webinars are also offered to train customers about a new and engaging topic. Finally, our Customer Support team is available to troubleshoot issues and ensure that our customers have a great experience with OpenGov. You will work closely with yo Project Manager and customer success team. We will provide you with individualized training and support throughout the deployment including, but not limited to: - Chart of Accounts Editor Training, Data Upload Training, Report Customization Training, Department Head Training and/or, Train the Trainer Monthly Live Training Webinars Customers are encouraged to attend live monthly training webinars facilitated by our Lead Trainer and rotating government finance experts. Recent webinar topics include the following: Do you provide various - Capital Planning in the Digital Era, The 7 Coolest OpenGov Reports, 5 OpenGov Habits to Increase Your Productivity, Success with OpenGov for Towns of Any Size, Using OpenGov to increase Efficiency in the methods for help desk Budget Process ticketing, e.g. telephone, email, 6 web -based console, and Yes The Resource Center The OpenGov Resource Center is our knowledge base that includes hundreds of Help articles and tutorials with step-by-step directions. Customers are encouraged to search the resource center to find help instantly. remote desktop? Specify types The Resource Center is available online 24 hours a day. You will also have access to OpenGov email and ticketing support at no additional cost. OpenGov Product Support Service Level Objective is to respond within and days/hours each is one business day. However, the OpenGov support team's first response time is typically one hour or less for most requests during support business hours. available. OpenGov offers premium communications services to help organizations on their journey to better engagement. Our premium communications services provide the perfect combination of content creation, trainings, and one-on-one coaching to provide you with the additional structure, support and guidance needed to communicate with the public consistently and use the OpenGov software most effectively. You will have a dedicated Project Manager and Customer Success Manager that will work with your team every step of the way. We pride ourselves on our ability to partner with customers and complete successful projects. We provide a flexible and comprehensive set of channels for customers to gain service from us. Your team will have a variety of options to communicate with our support team: 1. In-App Help - Suggested topics, walkthroughs, and links to our Resource Center can be accessed for FAQs, tips, and best practices. 2. Web Forms - You can submit requests online with all needed details included in the request form. This allows our support team to prioritize and respond as quickly as possible. 3. Live Chat - OpenGov's Live Chat is available Monday to Friday from 9am to 5pm PT. This is the best method to use for quick questions. 4. Email - You can always send an email to support@opengov.com with any questions. A support ticket will be created, and a member of our team will respond promptly. Describe standard issue resolution response times, 8 methods of communication, Yes Please refer to the attached SLA documentation for details. and escalation and severity levels. What is the frequency of your OpenGov's proposed solution is a cloud -based, Software -as -a -Service solution that generally releases patches, and enhancements weekly with product updates released product enhancements, on a two -week schedule. All u u updates and upgrades to an offering, including hot -fix releases, are made available automatically without additional license fees or services 9 patches, and releases? Please Yes costs and are integrated into the solution seamlessly from the Customer's perspective. Accordingly, as we update and improve our solution, our customers get immediate describe your (version- upgrade) release schedule. access to the benefits. How do you notify your clients Generally speaking, OpenGov updates its applications every two weeks during off -business hours. The only times we make an exception to that is to deliver "hot fixes" for 10 of upcoming enhancements or Yes critical service issues. Regardless of the hour, our maintenance activities are performed without causing any downtime. Furthermore, since OpenGov is a SaaS solution maintenance activities? hosted on Amazon Web Services, we can automatically deploy updates across the entire platform with minimal partner impact. Feature deployments generally happen seamlesslV without anV user interruption. When de to ments will impact users we will send out notifications beforehand W How will enhancements, patches, releases, etc. be OpenGov is a true multi -tenant SaaS application. OpenGov is on an agile development cycle and new product features are introduced on a two week release cycle. 11 tested? Is the customer Yes Customers can turn on/off features with a feature flag. Because the system is a multi -tenant application, customization of the core solution is not allowed as it can impact all expected to test for impact on of our other customers. We write and test code on development environments before deploying to production. OpenGov subjects all new feature releases to automated and customizations? manual user testing. The software is not released until we resolve all critical issues. Do you provide access to a knowledgebase of information 12 and best practices; access to Yes Please refer to our answer to question 6 above. user groups, forums, or communities? Do you have the ability to create knowledgebase of Our products incorporate feedback from all governments in OpenGov's network, with updates occurring automatically every two weeks and ongoing support, giving your 13 information and practices, Yes team a solution that is scalable, easy -to -use, and affordable. We also incorporate customer feedback and best practices into our Resource Center so that other specific to customer needs and governments in the community of users can learn and benefit from this knowledgebase. practices? Do you provide ongoing 14 product training and tutorials? Yes Please refer to our answer to question 6 above. Describe the various offerings. Do you provide SLA terms for The OpenGov Cloud Platform has: 16 data restoration services? Yes - a Recovery Point Objective (RPO) of 24 hours. (RPO refers to the maximum duration of data loss due to a major incident.) - a Recovery Time Objective (RTO) of 24 hours. (RTO refers to the maximum duration for restoration of service after a major incident.' Implementation Services All vendors are required to answer each question to the best of their ability. ResponseVendor Implementation answer from the drop -down options) Attach implementation methodology, governance, and implementation plan to this proposal; include 1 project structure, team members, phases, Yes Please refer to the Statement of Work that is included in our proposal. deliverables, timelines, and cost (by module/core .process area). Provide complete turnkey implementation, including 2 integration, data migration, training, and project Yes Please refer to the Statement of Work that is included in our proposal. management services. OpenGov uses an implementation methodology that focuses on the rapid and thorough deployment of a configured system, regardless of the exact modules configured. The following methodology is applied to all OpenGov implementations and is further customized based on the Customer's specific objectives and goals with the software. This methodology requires a degree of focus from the Customer and collaboration between both parties to complete Describe how the proposed solution will be validated work products in a timely manner. Below is a visual of the project management and deployment approach, along with 3 for the technical requirements listed in RFP Yes the OpenGov owners throughout. The fourth phase of this methodology is the Validate Phase, which starts with a review of the entire solution with the Customer project team to confirm that all project elements have been implemented. Once that process has been completed, the Customer will review and validate the solution and their data to ensure it is represented accurately in the solution. If any issues are found, they will be logged and the OpenGov team will assess the issue and resolve. The Phase ends with the Acceptance of solution results by the Customer. Describe (or attach) examples of successful 4 engagements completed with similar scope and Yes Diamond Bar, CA timelines three minimum). Ashland, Oregon Mono County, CA Describe industry -specific templates and best- 5 practice documentation used to assist with the Yes Please refer to the Statement of Work that is included in our proposal. im lementation. Do you provide onsite support for implementation OpenGov can provide onsite support, as necessary. For information on rates for professional services, please refer 6 services? Disclose the standard rates for these Yes to the Statement of Work that is included in our proposal. services. 7 Do you provide phone support for implementation assistance? If not included in SLA, disclose the standard rates. Yes For phone support details, please refer to the SLA document that is included in our proposal. Additionally, OpenGov will assign a Customer Success Analyst (CSA) as part of the project team responsible for your successful deployment. The CSA will be responsible for, among other things, the following tasks: - Configures OpenGov Chart of Accounts with guidance from Customer. - Provides guidance on data extraction, loading, and formatting. - Configures, validates, and trains on Customer's solution. OpenGov has found that having video calls can be as effective as being on -site. There are times, however, when being on -site is preferable, especially at the design stage. Our team will be on -site to lead those discussions and support others. The members of the OpenGov team and their planned contribution to meet the key requirements of the OpenGov deployment are as follows: - Government Finance Expert and Solution Architect drive the solution design. OpenGov does not customize the platform, but rather configures the functionality based on the specific deployment requirements. The Customer Success Analyst will work closely during this phase with you and will deploy the platform based on discussions with you, minimizing miscommunication. Do you provide online support for implementation - Upon design agreement, deployment is reviewed and managed between the Project Manager and the Customer 8 support? If not included in SLA, disclose the standard Yes Success Analyst. Your team will be updated as the deployment progresses to confirm business requirements are rates. dispositioned as agreed upon. - Upon deployment, training is important. Having deployed to over 2,000 governments, OpenGov has vast experience providing Administrator, User, and Executive training. OpenGov offers a variety of training options to cater to individuals' different learning rates. Support is offered via access to FAQs, Webinars and access to our live Support team. - Overall program support comes not only from the Project Manager, but also from the Executive Sponsor, who addresses internal and external roadblocks. The Customer Success Manager works closely with the Project Manager during work activity initiation and high -volume activity periods. The focus is to have the additional support when it is needed. Additionally, our Resource Center has many articles and helpful tips that are always easily accessible for you throughout your lifec cle. OpenGov firmly believes in knowledge transfer to enable the self-sufficiency of our customers and their value realization from our solution. We accomplish this through several mechanisms including on -site and remote web - based trainings, Online Resource Center, in -solution functionality / how-to "walk throughs" and a Technical Support ticketing interface to request ad -hoc and additional training post deployment/go-live. The training plan would be confirmed and timetables defined as part of the Project Initiation and Planning. OpenGov Offerings: - Provide standard online resources (documents and walk-through videos) available at any time - Provide live or virtual Admin-Training - Provide guidance on additional documentation for system questions not covered already in the Resource Center - Provide live Train -the -trainer session - Support Customer-Admin-led-end-user training live Do you provide user implementation material, training - Provide standard materials for Admin to partner with and run end -user training 9 guides, administration and developer guides? In Yes - Ensure that all meetings and training sessions are attended by OpenGov personnel, as scheduled which formats? - Provide Training curriculum via Webinars, hands-on and written training to enable a successful transfer of deployment management and actions from OpenGov to Customer's team. For example, OpenGov can provide online documentation for both Admins and End -Users: - OpenGov Resource Center Training - Chart of Accounts Editing Training - Data Uploading - Report Creation - Dashboard Creation - Budget Creation - OpenGov Stories Creation - OpenGov Workforce Planner Training - OpenGov Network Training The OpenGov Resource Center is our knowledge base that includes hundreds of Help articles and tutorials with step- 10 Do you provide product tutorials? In which formats? Yes by -step directions. Customers are encouraged to search the resource center to find help instantly. The Resource Center is available online 24 hours a day. You will also have access to OpenGov email and ticketing support at no additional cost. OpenGov firmly believes in knowledge transfer to enable the self-sufficiency of our customers and their value realization from our solution. We accomplish this through several mechanisms including on -site and remote web - based trainings, Online Resource Center, in -solution functionality / how-to "walk throughs" and a Technical Support ticketing interface to request ad -hoc and additional training post deployment/go-live. The training plan would be confirmed and timetables defined as part of the Project Initiation and Planning. OpenGov Offerings: 11 Do you provide offsite and onsite product training? Yes - Provide standard online resources (documents and walk-through videos) available at any time Describe the various offerings. - Provide live or virtual Admin-Training - Provide guidance on additional documentation for system questions not covered already in the Resource Center - Provide live Train -the -trainer session - Support Customer-Admin-led-end-user training live - Provide standard materials for Admin to partner with and run end -user training - Ensure that all meetings and training sessions are attended by OpenGov personnel, as scheduled - Provide Training curriculum via Webinars, hands-on and written training to enable a successful transfer of deployment management and actions from OpenGov to Customer's team. 12 Describe how you support data migration from Yes OpenGov supports data migration and integration with hundreds of both financial and non -financial systems. existing s stems. Describe integration approach and services available 13 to support implementation (initial and ongoing Yes Please refer to the Statement of Work that is included in our proposal for details on data integrations. services). continuously see on the left-hand side adjustments to the working budget. OpenGov has workflow notifications, whereby whenever a proposal changes status, there is a notification. Private proposals created in the solution can be rejected. OpenGov Budgeting supports the following three forms of workflow management: 1. Base budget setup for admins. Administrators can set up and develop a base budget, creating a high quality starting point to kick off the collaborative budget process. 2. Phase control during budget setup. During the collaborative budgeting process, administrators can manage the phase of the budget with simple controls. 3. Status and approval workflows. Budgeters can manage the status and approvals of their forms and/or proposals. OpenGov supports predefined workflow management. Administrators have access to manage phases and forms/proposals through a multi -step approval process. The system is structured such that workflow is easy to use, follow, and requires no administration. Our Customer Success team will work with you to understand specific needs in the workflow process. As OpenGov is designed for ease -of -use, no technical expertise is necessary to manage Describe how reports, views, and workflows are any part of the workflow process. 14 configured in the system (without the use of Yes programming). With OpenGov, all employees, regardless of technical ability, will be able to quickly create reports and dashboards to answer their most pressing questions. OpenGov will allow employees to make better, data -driven decisions, track progress on budgets and strategic initiatives, and improve outcomes through better alignment and internal accountability. Specific features and benefits: - Decision Making is improved with visual reporting and data aggregation tools that unite financial and performance data in an easily accessible platform. This allows employees to run reports using a trusted data source, expedite report completion by empowering more people to access the same information, and allow non -financial personnel to dive deep into your organization's data without having to re -query your financial and data systems. - Financial and Performance Reporting is simplified with powerful CoA mapping technology that enables easy General Ledger exploration and reporting, for faster insights and better oversight of spending and budget progress. Geospatial (GIS) and performance data is easily incorporated and compared to spending to put results in context and provide critical insights to every part of the organization. - Simplified Performance Management is enabled with easy -to -use, self-service dashboards that display key data Cn The Governance model will be applied such that both OpenGov and your team have clear communication channels for project and executive summaries, in addition to escalation path to address roadblocks. There are three mitigation factors that OpenGov recommends using: - Defining a secondary person for project roles. For OpenGov, many of our team members have served in different roles, which enables the rich perspectives our teams bring to an implementation. We recommend that you also evaluate the roles needed and individuals available to serve fill those roles. - Documentation of tasks, learnings and resolutions to support transitions to new team members should the needs arise. - Efficient execution to minimize the deployment time. Many of our budget platform deployments are completed within six months. At that time a broader group is trained, reducing the risk to a single or small group of individuals. Scope expansion, as opportunities of improvement, is identified during gap analysis. You may identify process or Do you provide recommended industry -specific data changes that were not originally defined. Mitigation factors include: 15 change management methodologies, roles, Yes - The gap analysis and related scope, defined. This will enable a reference point for identified expansion hierarchies, etc.? opportunities. OpenGov will work with you to scope and estimate impact of expansion opportunities to collaborate on resulting action. - Resolution process for items that are identified to ensure alignment between OpenGov and your team for addressing the opportunity. - Different projects competing for the same resources are frequent blocker to success. A mitigation for our deployments is the short sprints OpenGov uses to complete workstreams. Products work together but are not interdependent, thus enabling resource adjustments when necessary. An additional risk would be that your system does not contain all budgetary data, master data attributes, and master data hierarchies included in your budget reports. The mitigation of this risk is twofold: - The customer provides a comprehensive outline of your current budget process, data set inventory and reporting. - Build from the minimal requirements, evaluating data gaps. The customer has clearly outlined the systems from which data will be pulled; therefore, the gaps are expected to be minimal. City of Tukwila Pricing Summary Cloud -Based Budget Software - Detailed Cost Sheet Required Modules Implementation Cost Total Cost for Training Cost of Data Conversion Other Costs Total Costs Hours Required for Training Hours Required for Implementation Number of Staff Hours Required for Implementation Comments/Assumptions Security 60,495 60,495 Please note that we estimate this project to take 327 hours. The accompanying statement of work details deliverables and roles and responsibilities. If we are shortlisted, we can review our deployment methodology and how we implement. During that conversation, we're happy to alter or update the estimated hours or provide more detail as needed. Ad hoc Reporting - Budgeting - Dashboard - Budget document *—$26,000 *—$26,000 Please note that this is an estimate based on recreating your 474 page budget document. If chosen for further discussions, we will coordinate a scoping call to review options. Totals 86,495 - - - 86,495 - - Maintenance Price Comments/Assumptions Year 1 74,519 This pricing assumes an initial contract length of 5 years. The annual software price for both the OpenGov Cloud and Certent is is $74,519 per year. This includes unlimited licenses to the OpenGov Cloud. Our partner for Budget Book, Certent, does charge for licenses but this annual price includes 2 licenses to that software already. Additional Certent licenses incur additional costs but we can discuss different tiers and needs. After the initial 5 year term is over, there is a 4% increase in price for every subsequent year. Years 2 through 5 298,076 Years 6 through 10 Totals 372,595 Other Services Price Comments/Assumptions Report Development Included in Implementation Cost above. Please refer to Statement of Work for deliverables. Process Improvement Included in Implementation Cost above. Please refer to Statement of Work for deliverables. Integration Included in Implementation Cost above. Please refer to Statement of Work for deliverables. Travel Travel, which has to be requested and pre -approved, will be governed by the Statement of Work section 6.2. Other Costs ubtotal - Implementatio - Please Note: this pricing is assuming you'll want to purchase the entire OpenGov Cloud. Based on our understanding of your needs in the RFP, we think the OpenGov Cloud will be the right solution for you. However, we do provide options to phase in our solution and services offering to ensure that the solution adheres to your budget and pricing constraints as well. We can and will discuss with you various options around pricing if you'd like. Also, upon reading your questions and answers, it sounds like you're looking to have about 6 finance users in the platform for the first year before expanding. Please note that the OpenGov Cloud comes with unlimited users so that when you do decide to expand to all departments for budgeting, you can. However, when it comes to reporting, story telling, performance measures, etc, this is all included with unlimited licenses and data. We believe providing an unlimited model allows you to get the most number of users of our platform and this value. You can have every single one of your employees in our platform even as you grow and scale with OpenGov, and this will incur no additional cost. end in current software release available in next release of software 3rd-Party Application Custom Modification iustom/FDI needed Not available in current or next release; interfaced/integrated third -party application or through custom modification. General System I I GENERAL SYSTEM General System I 10.002 I MULTI-USER ENVIRONMENTS - Ability to prevent any master file record from being deleted if that record is referenced in any other file. General System 10.003 MULTI-USER ENVIRONMENTS - Operate in a multi-user environment so record locking will be required to maintain the integrity of the data. General System 10.004 ONLINE TRAINING DOCUMENTATION - Online access to printable �trainingmaterials and other support documentation. General System General System ,General System Yes. OpenGov has user based security and the City can setup roles to x ensure records are not deleted. OpenGov also has an audit trail of all transactions. IYes. OpenGov allows for all fields, workforce, budget scenarios to be x locked at any time. IYes, along with a dedicated Customer Success Manager to call. x AGENCY -DEFINED DASHBOARDS - Ability for each user to create or OpenGov's solution will allow technical and non -technical staff alike to modify existing dashboards. Ability to configure dashboards to present personalize dashboards that combine performance data, financial results, 10.005 x key performance indicators, and community outcomes in one place. Any reports, tasks, notifications, approvals, drill down to source transactions, user can build dashboards in OpenGov regardless of technological etc. ex ertise. Yes. OpenGov is web based and the functions of the web browser can be 10.006 FORWARD/BACKWARD NAVIGATION -Ability to navigate through I x used within OpenGov to go back and forward. records or files on a screen in a forward or backward direction. NO. OF RECORDS DISPLAYED - Ability to allow users to change the 10.007 number of records displayed as a result of a search (e.g., 20, 50, 100, etc.) x Yes. The reports can be configured to meet the needs of the user. General System 10.008 1 RENAME LABELS -Ability for authorized users to rename field labels. x Yes. All labels can be configured to be renamed. General System 10.009 (REQUIRED FIELDS - Ability to designate both standard and Agency- X I Yes. The fields can be identified as required to ensure collections of all defined fields as reauirina data entrv. data needed. FILE IMPORT FORMATS - Ability to import files using the following file Yes. All identified fields are supported. General System _ 10.010 format types: X I_ Yes. This can be completed by a simple drag and drop and then a General System 10.011 • Excel x mapping of the column on setup. Once the data is mapped you can • Comma Delimited Values • Tab Separated Values quickly add new datasets through a drag and drop. _ IYes. This file format is supported. Yes. This file format is supported. Yes. Depending on the needs of the City we can utilize web services to General System 10.012 x General System 10.013 x X General System 10.014 •Web Services import data. I _ FILE EXPORT FORMATS - Ability to export files using the following file Yes. All formats are supported. General System _ 10.015 format types: X 10.016 x Yes. We can save as a PDF and the system will create a clean formatted General System • PDF • Excel • Comma Delimited Values • Tab Separated Values AUDIT TRAILS - Provide audit trails for every change made to data in the page. General System 10.018 x Yes. All reports, datasets, are able to be downloaded into Excel. General System 10.019 x Yes. We can download in this format. General System 10.020 x Yes. We can download in this format. Yes. All changes in OpenGov are tracked. General System 10.022 x system. MAINTAIN AUDIT TRAILS - Maintain audit trails including changed by, Yes. All changes are tracked in OpenGov. General System 10.023 changed date, and record of changes. _ X Yes. OpenGov allows the City to maintain as many years of data as they HISTORICAL DATA - Ability to maintain, at a minimum, 10 years of wish. This can be increased at any time and also useful as the crosswalk General System 10.024 historical transactional data. x when the City makes Chart of Account updates or changes financial systems. USER DASHBOARDS - Ability to incorporate real-time individual user Yes. OpenGov allows for unlimited dashboards that can display both General System _ 10.025 x dashboard capability to display dynamic charts and graphs. financial and non financial performance measures. Yes. The ability to create links in the platform for favorites is supported. General System 10.026 FAVORITES MENU -Ability to assign menu items to a favorites menu. x Yes. All updates are identified by dates that they are updated. LIST OF RECENT RECORDS - Ability for a user to see a list of records General System 10.028 X they recently created/viewed/modified from their dashboard. Yes and OpenGov support is notified when an error occurs. ERROR REPORT SUBMISSIONS - Ability to directly submit system General System I 10.029 X generated error reports and messages to vendor software support. Leaend Available in current software release Guaranteed available in next release of software 3rd-Party Application Custom Modification Custom/FDI needed Not . • Not available in current or next release; interfaced/integrated third -party application or through custom modification. o a c a a Q o cu E a L M [1 Integration and Architecture Integration and Architecture OpenGov's solution will provide you with simplified, easy -to -use, self-service dashboards that display key data points and KPIs, as well as alerts and AGENCY -DEFINED DASHBOARDS - Ability notifications to help managers track progress toward goals. Goals and for each user to create or modify existing targets can be established to improve alignment and accountability, driving a Integration and Architecture dashboards. Ability to configure dashboards x high performance, results -oriented culture. Dashboards are printer -ready to present reports, tasks, notifications, right out of the box, producing beautifully formatted reports that will approvals, drill down to source transactions, streamline meetings and reduce manual extracts. etc. iYes Integration and Architecture System Toolsets are available for the following: x Yes. OpenGov has a workflow that can be configured to meet you business Integration and Architecture Workflow x practice needs. OpenGov's policies and procedures are based on NIST 800-53 recommended controls. All OpenGov personnel are required to go through a purpose-built information security and data privacy training upon joining and Integration and Architecture x at least once yearly. Even though security is treated as a shared cross - functional responsibility, a dedicated operational team under the supervision of an Information System Security Officer oversees the entire security and System Security Administration compliance program at OpenGov. _ OpenGov allows for the user to create any reports they wish without having Integration and Architecture Report writing x to know any programming. _ OpenGov's solution will allow technical and non -technical staff alike to personalize dashboards that combine performance data, financial results, Integration and Architecture x key performance indicators, and community outcomes in one place. Any CPI user can build queries in OpenGov regardless of technological expertise. Query builder o = o Q a Application Feature Function Capability > Comments CIL a o L to M () Integration and Architecture Form/page design x OpenGov allows user to develop their own forms and pages. OpenGov's solution will allow technical and non -technical staff alike to personalize dashboards that combine performance data, financial results, Integration and Architecture x key performance indicators, and community outcomes in one place. Any System allows users to drill down into more detailed user can build dashboards in OpenGov regardless of technological information. expertise. _ System allows for digital signature technology and OpenGov ensures authentication for users. Integration and Architecture proper authentication procedure. x OpenGov Cloud is a multi -tenant SaaS solution hosted on Amazon Web Services (AWS). Unlike many other systems in the market, the OpenGov system was born in the cloud and designed using modern cloud technologies optimized to take full advantage of AWS cloud infrastructure. This means it is available 24/7, accessible from anywhere in the world and accessible from any web enabled device including all mobile devices. The user experience and system performance is consistent across this spectrum. This also means OpenGov maintains the software and infrastructure using a single code base for all of our 2,000+ customers around the world. The Integration and Architecture x customer is not asked to provide typical hardware and software, and maintenance services as required for on -premises software models. All application resources traditionally deployed on -premises including databases, application servers, data protection, and monitoring are managed by OpenGov in Amazon data centers. All customer data is System supports the proposed software in a encrypted in transit (SSL) and at rest (AES). OpenGov provides role -based virtualized environment using VMware vSphere or access control with the recommended option of single -sign -on (SSO) using Microsoft Hyper-V. Please provide your standard SAML2 identity providers including Active Directory. recommended configurations based on the scope of this project. Attachment of Documents and Notes Attachement of Documents and Notes i Users can upload documents into OpenGov. System allows attachment of documents (example: Attachement of Documents and Notes PDF, Excel, Word, jpeg). x Supporting Document uploads are provided. System allows users to attach documents to fields Attachement of Documents and Notes and/or transactions x Attachement of Documents and Notes Attachement of Documents and Notes c.n W o = o c� .Q FunctionFeature a Comments ....ility • CL a o L M � () OpenGov provides for the user to access all transactions within the platform. Transactions x Attachment of documents and notes has security OpenGov allows for security on what the user can and cannot view and edit. capabilities (e.g., person B cannot delete an x attachment that person A added). Data Entry Allows complete validation and editing of data at the OpenGov allows for the entry of data into the system and validation of the point of entry online or batch). x data to ensure it is accurate. OpenGov provides a manual data upload process through a web UI as well as a standard FTP service for customers to automate data integration with x comma separated value (CSV) formatted data. Customers may create Allows data to be uploaded from Microsoft Excel or reports and performance measures based on these data sets and share the other applications e.g., Access, Word). artifacts internally or externally. Flexible description field widths throughout the Yes. OpenGov allows for multiple areas of descriptions, comments and system. x collaboration amongst users. OpenGov will work with the City on the effective date of transactions to Effective dating of transactions; input change today x ensure proper reporting. Everything is date specific and a change today can that is effective at a future or past date. be reflected for a past transaction or a future transaction. Yes. OpenGov allows for multiple areas of comments and collaboration Context -sensitive data entry and display (i.e., masking fields or screens for security purposes) x amongst users, SSN, Credit Card Number). This is not applicable, as we don't expect to host sensitive data. We do not Security Capabilities The following sensitive/private data can be masked (hidden from user) during data entry: x support the import of PH (such as Social Security Numbers). This is not applicable, as we don't expect to host sensitive data. We do not Tax numbers/ID x support the import of PH (such as Social Security Numbers). o = o .Q a Application Feature Function Capabilitya c > Comments a o N L M () OpenGov offers Single Sign -On (SSO) and platform -local authentication mechanisms to its customers. In the latter scenario, OpenGov uses industry - standard best practices such as BCrypt and PBKDF2 functions to "salt" and Security Capabilities x "hash" each password individually, storing it in an encrypted form, such that the original password cannot be derived, even if compromised. OpenGov uses Role -Based Access Control (RBAC) on its platform to authorize authenticated users to access and manipulate application data. Passwords _ Yes. Data stored in the OpenGov platform is encrypted "at rest" in the Security Capabilities x databases and storage using AES-256 (Advanced Encryption Standard with Other data specified by State, Federal 256-bit keys). Use of AES is approved by NIST in its FPS 197 publication. statutes OpenGov supports Single Sign -On (SSO) with Active Directory and similar identity products that enforce complexity requirements, such as 16 character minimum, 1 number, 1 capital, and 1 symbol. We have a 365-day password age limit, which is enforced by Okta. OpenGov offers SSO and platform - Security Capabilities x local authentication mechanisms to its customers. In the latter scenario, OpenGov uses the industry -standard BCrypt and PBKDF2 functions to "salt" and "hash" each password individually, storing it in an encrypted form, such that the original password cannot be derived, even if compromised. Can be accessed with one universal sign -in or log -in. OpenGov supports Single Sign -On (SSO) with Active Directory and similar identity products that enforce complexity requirements, such as 16 character minimum, 1 number, 1 capital, and 1 symbol. We have a 365-day password age limit, which is enforced by Okta. OpenGov offers SSO and platform - Security Capabilities x local authentication mechanisms to its customers. In the latter scenario, OpenGov uses the industry -standard BCrypt and PBKDF2 functions to "salt" and "hash" each password individually, storing it in an encrypted form, such that the original password cannot be derived, even if compromised. System supports Active Directory single sign -on. o = o .Q a Application Feature Function Capability > Comments a o L N M () OpenGov's policies and procedures are based on NIST 800-53 recommended controls. All OpenGov personnel are required to go through a purpose-built information security and data privacy training upon joining and at least once yearly. Even though security is treated as a shared cross - functional responsibility, a dedicated operational team under the supervision of an Information System Security Officer oversees the entire security and compliance program at OpenGov. OpenGov supports HTTPS using Transport Layer Security (TLS), an IETF standard cryptographic protocol, to provide end -to -end communications security for data that is fed to our platform. TLS is widely used for "encryption -in -transit" scenarios in internet communications and online transactions (e.g. by financial institutions). Data stored in the OpenGov Security Capabilities x platform is encrypted "at rest" in the databases and storage using AES-256 (Advanced Encryption Standard with 256-bit keys). Use of AES is approved by NIST in its FIPS 197 publication. OpenGov's databases use multi -AZ deployment strategy to provide enhanced availability and durability. Database snapshots are taken in the primary Region (US East- N. Virginia) and transferred to an alternate Region (US West - Oregon) on a regular cadence. OpenGov uses Continuous Integration (CI) and an industry -leading vulnerability analysis service to continuously and automatically scan its applications for vulnerabilities at every stage of their Iifecycle. All code repositories are continuously scanned for known defects and vulnerabilities, both within OpenGov-developed solutions and third party dependencie All data is encrypted when accessed via: See answer above _ OpenGov is a web based cloud platform and does not have an intranet Security Capabilities Internet x Security Capabilities Intranet x component. _ Disconnects or locks out user session during x Security Capabilities Part of the solution Cn _ designated periods of inactivity. cn o = c Q a Application Feature Function Capability Comments CL a o � L N c� V Can have as many tabs on the web browser open at the same time. Security Capabilities _ Supports multiple sessions within a given login ID. x OpenGov offers Single Sign -On (SSO) and platform -local authentication mechanisms to its customers. In the latter scenario, OpenGov uses the industry -standard BCrypt and PBKDF2 functions to "salt" and "hash" each password individually, storing it in an encrypted form, such that the original password cannot be derived, even if compromised. OpenGov uses Role - Based Access Control (RBAC) on its platform to authorize authenticated users to access and manipulate application data. OpenGov supports HTTPS using Transport Layer Security (TLS), an IETF standard cryptographic protocol, to provide end -to -end communications security for data that is fed to our platform. TLS is widely used for "encryption -in -transit" scenarios in internet communications and online transactions (e.g. by financial institutions). Data stored in the OpenGov platform is encrypted "at rest" in the databases and storage using AES-256 (Advanced Encryption Standard with 256-bit keys). Use of AES is approved Security Capabilities x by NIST in its FIPS 197 publication. OpenGov's databases use multi -AZ deployment strategy to provide enhanced availability and durability. Database snapshots are taken in the primary Region (US East- N. Virginia) and transferred to an alternate Region (US West - Oregon) on a regular cadence. OpenGov uses Continuous Integration (CI) and an industry -leading vulnerability analysis service to continuously and automatically scan its applications for vulnerabilities at every stage of their Iifecycle. All code repositories are continuously scanned for known defects and vulnerabilities, both within OpenGov-developed solutions and third party dependencies. OpenGov's policies and procedures are based on NIST 800-53 recommended controls. All OpenGov personnel are required to go through a purpose-built information security and data privacy training upon joining and at least once yearly. Even though security is treated as a shared cross - Provides security at the following levels: functional responsibility, a dedicated operational team under the supervision See above. See above. Security Capabilities Enterprise x Security Capabilities Department/Agency x o = .Q a r= Application Z Feature Function Capability Comments CU • CL 1= • a o L N � M () Security Capabilities Division x See above. Security Capabilities Position x See above. Security Capabilities Person x See above. Security Capabilities Security settings can be set for: x Yes Yes. OpenGov utilizes user and role based security. This can be applied at a Security Capabilities Global x Global level. Security Capabilities Screen and menu x IYes. All screens and menus can be secured by user. Security Capabilities Report x Yes. Re orts can be secured by each individual user. Security Capabilities Record x Yes. The detailed records can be secured by user. Security Capabilities Field x Yes. All fields can be secured. Yes. The use of masking elements of the chart of accounts secures those Security Capabilities Element in chart of accounts (e.g., fund, x elements of the chart of accounts so only those with access can view. projects, etc.) OpenGov supports atytachments Security Capabilities Attachment x OpenGov offers Single Sign -On (SSO) and platform -local authentication mechanisms to its customers. In the latter scenario, OpenGov uses the industry -standard BCrypt and PBKDF2 functions to "salt" and "hash" each password individually, storing it in an encrypted form, such that the original Security Capabilities x password cannot be derived, even if compromised. OpenGov uses Role - Based Access Control (RBAC) on its platform to authorize authenticated System administrator can set a user security profile users to access and manipulate application data. to define a user's authorization to: See above Data can be added based on user security levels. Security Capabilities Log on x Security Capabilities Add data x Security Capabilities Delete data x Data can be deleted based on user security levels. Security Capabilities Change data x Data can be changed based on user security levels. Security Capabilities View data x Being able to view data is based on roles and individual. ystem Securit 10.036 System Security GENERAL SECURITY FEATURES - Provide System Security 10.037 x Yes password security by: • Application System Security 10.038 x Yes. OpenGov utilizes password to enter the system and then role/user based • Field level security for each area within the platform. Yes. All fields can be secured. stem Security 1 10.039 x o = .Q a Application Z Feature Function Capability Comments CU • 1= • a o L N � M () System Security 10.040 • Menu item/function within application x Yes. This can be secured based on each user. OpenGov offers Single Sign -On (SSO) and platform -local authentication mechanisms to its customers. In the latter scenario, OpenGov uses the industry - PASSWORD ENCRYPTION - Provide password standard BCrypt and PBKDF2 functions to "salt" and "hash" each password System Security 10.041 encryption. Please describe your level and x individually, storing it in an encrypted form, such that the original password cannot be implementation of encryption in the comment field. derived, even if compromised. OpenGov uses Role -Based Access Control (RBAC) on its platform to authorize authenticated users to access and manipulate application data. Yes. User can recover password themselves. PASSWORD RECOVERY - Provide users self- System Security 10.042 password recovery capability. x Yes. A list of last password change and last login are recorded within OpenGov. SECURITY ACCESS PASSWORD CHANGE - System Security 10.043 Maintain the date of last password change for each x user. RESTRICT SECURITY ACCESS OF SELECTED Yes based on individuals and their role. System Security 10.044 TRANSACTIONS - Restrict entry of certain x transactions by password. SECURITY ACCESS CONTROL - Assign security to System Security 10.045 x Yes. We can remove sections of the platform for users who do not have access. menu -option level. Yes. The platform allows for user based security. SECURITY ACCESS CONTROL - Assign view only System Security 10.046 access to specific user profiles. x Yes. We can secure all areas based on the user. DRILL DOWN RESTRICTIONS -Ability to restrict System Security 10.047 certain users from being able to drill down into x specific modules to view (inquire) transactions. � PERMISSIONS - Ability to specify read, write, edit Yes. OpenGov has a robust user based security. System Security 10.048 and delete permissions. X Yes. We can restrict and area within OpenGov. RESTRICT SECURITY ACCESS -Restrict users System Security 10.049 access to specific screens and to perform certain x functional processes (e.g., check printing) REPORT WRITING TOOLS ACCESS - Ability to Yes. The reporting solution is built to allow for any user to run reports. This can even System security 10.050 allow only specific users to access report writing and x apply to residents. The ability to access reports is based around security and access. query tools. o = .Q a Application z Feature Function Capability Comments CU • E• a o ILL L N � M () UPDATE CONTROLS -Ability to add and update Yes. Any area can be updated. System Security 10.051 module configurations as outlined in security roles by x permission. CREATE SECURITY PROFILE BY COPYING EXISTING PROFILE - Allow creation of new user System Security 10.052 x Yes. We can create new users based on other users profiles. rights by copying another user's right levels and modifying. GROUP CREATION/CONTROL — Ability to create Yes. OpenGov supports role based security. System Security 10.053 groups of users by a role type and to apply/change x access rights to groups of users. _ Yes. You can update any users log -in access as an administrator. USER/GROUP ACCESS CONTROL —Ability to System Security 10.054 1 modify a user's or group of users' log -in access x status (e.g., active, inactive, on -hold, etc.) Yes this is supported LOG -OFF USER - INACTIVITY - Ability for the System Security 10.055 system to automatically log -off a user after a long x period of inactivity. SECURE REPORTS - Ability to set up security for Yes. The platform allows for unlimited reports and dashboards which can be viewed System Security 10.057 reports so only certain reports can be viewed by x based on each individuals permission levels. certain individuals SECURITY ACCESS - Ability to update and inquire Yes. OpenGov is an online platform. System Security 10.058 online into any master file record, provided user has x the proper authorization. SINGLE SIGN -ON - ACTIVE DIRECTORY - Support System Security 10.059 x of Single Sign -on and Active Directory. CONFIGURABLE ELECTRONIC FORMS - Forms Yes Single sign -on is supported. _ OpenGov can be configured to provide forms for data entry and also to System Security 10.059 that can be filled in, routed online for approval, and x lupdate the database. update the database. Workflow Workflow IF Yes. OpenGov allows an unlimited amount of approvals to ensure the Workflow Workflow is available for approvals x platform has the flexibility to meet the Cit 's need. orkflow Workflow rules can be set by: x I IYes o = .Q a Application z Feature Function Capability Comments CU • • CU a o L N � M () Workflow User x Workflow can be setup by user. Workflow Role x Workflow can be setup by roles. Workflow Department x Workflow can be setup by Department. Workflow Account code x Workflow can be setup by account code. Workflow can be configured and changed by the City Workflow Workflow assignments can be re-routed to different x authorized approvers based upon availability. Workflow approvals can be re-routed to secondary Yes workflow can be re-routed. Workflow approver if: x Yes. Workflow can be modified. Workflow Primary approver is out (example: on vacation) x Primary approver does not respond in pre- Yes. Workflow can be modified. Workflow defined period of time x Yes the workflow can be driven based on dates. Workflow Event driven notification of process events, including x e-mail and/or other Web -based notification. Workflow Workflow notification for: x Yes Workflow Warn users of upcoming expiration x Yes, this can be configured to meet your business practices. Notify managers of employee actions or Yes. A email can be sent when data is updated. Workflow transactions x Workflow Status change employees position, etc. x I IYes. All changes are tracked within OpenGov. Yes. The system will notify users of deadlines that are coming for work tasks Workflow Overdue work purchase order not approved x associated with the budget. Yes. Workflow is identified within OpenGov and is visible for each step. Workflow Visibility to Workflow queue. x Audit Trail Audit Trail OpenGov tracks all changes to the system and allows for the user to view Provide an automated audit trail of system Audit Trail transactions. x the audit trail. Record the following minimum data on all Yes Audit Trail transactions: x Audit Trail Type of change x I I I I IYes. The audit log tracks the type of change. Audit Trail Operator I D x 1 1 1 Yes the audit log shows the user that made the change. Audit Trail Effective Date of Change I x _4 I I I IYes all changes are dated. o = o .Q a Q o E a o �6 N L � M [� Audit Trail Date x Time x I I IYes all changes are dated by when the change occured. Yes all changes have a time stamped. Audit Trail Audit Trail Old value x Yes the old value and new value are identified. Audit Trail New value x Yes the old value and new value are identified. Yes the type of transaction is tracked. IYes the transaction ID is identified. Audit Trail Transaction Type x Audit Trail Transaction ID x Yes. OpenGov allows for free form text to be added, along with the ability to Audit Trail x create a template to ensure collection of required data every time. Allow for free form text to be added Ability to allow authorized users to define record The City will have the ability to administer retention on their own and set time Audit Trail retention periods, specific to individual record x periods based on policy. categories. All data is saved withing OpenGov and it is at the City's discretion when to Ability to ensure that all data is archived before being Audit Trail x purged. delete/purge any data. Technology Technology Yes. OpenGov uses Amazon Web Services (AWS) to rent virtual infrastructure which we control and manage over secure connections. The Database: MS SQL Server 2012 or higher. Must system is hosted using Amazon Web Services (AWS), the same Technology meet compatibility without running in a compatibility x infrastructure used by large government agencies like the Center for mode otherwise it will be deemed not compatible. Disease Control, the Department of State, and the Department of Health and Explore: Level of Data Normalization, Use of Human Services for mission -critical applications. Vectoring in tables and ANSI compliance Yes. OpenGov uses Amazon Web Services (AWS) to rent virtual infrastructure which we control and manage over secure connections. The system is hosted using Amazon Web Services (AWS), the same Technology x infrastructure used by large government agencies like the Center for Disease Control, the Department of State, and the Department of Health and Human Services for mission -critical applications. Server: MS Server 2012 R2, 64 Bit. Compatible with any web browser. Technology I Compatible with Windows 10 or higher desktop x o = c Q a Application Z Feature Function Capability Comments cc a o ILL L N c� V Web -enabled or Web -based architecture with All browser are supported. published open API's and browser agnostic. List of Technology current browsers support and the version you x _ support. Available SaaS and hosted options which allow OpenGov is a SaaS system. The City will have access to run reports, Technology multiple environments, e.g. production, test, training, x multiple version of workforce and budget is their environment on a test basis. _ development, etc. No, this is not applicable to OpenGov's platform. Comply with institutional data security requirements including: (1) HIPAA Rules for Human Resources Technology data security (2) American with Disabilities Act x (ADA) compliance (3) PHI security (4) Comply with PCI regulations for vendor EFT Payments and if proposing Utility Billing. OpenGov supports single -sign on and third -party authentication via customer provided identity providers using a standard SAML2 interface. OpenGov connects to the customer's identity provider (Active Directory Federated Services, for example) and leverages that service's authentication and Technology x password policy functions. Authorized users login to their standard identity provider and may directly access OpenGov via that provider using a secure SAML2 interface. Each user's email address is utilized as the linkage with Single sign -on: MS Active Directory; LDAP the identity provider, requiring a match for the login to occur. _ compatible. _ Yes. OpenGov uses Amazon Web Services (AWS) to rent virtual Technology Operable with Microsoft VMWare V-Sphere and x infrastructure which we control and manage over secure connections. _ Hyper-V. _ The platform will send automated emails when attention and workflow steps Microsoft Outlook and Exchange Server integration are required. Technology for Email and workflow approval. Calendaring ability x would not be required, explore. Technology Office 365 compatible. x OpenGov is compatible with Office 365 Import/Export to Microsoft Word, Access and Excel; OpenGov supports the import of data and export of data into Excel. Technology ability to filter data for export. x Scan and attach PDF, JPEG, wav, MP3, TIF, etc. Yes. Attachments are supported in the budget system. Technology and MS Office files to records throughout all x modules. Technology Online Readable Data Dictionary or database x Yes. Online support of the terms and database schema are provided. schema. Yes. OpenGov allows for free form text with any text supported. Ability to use special characters (including keyboard Technology x [' I!@#$%^&*"] vs. non -keyboard ❑ ❑ ❑ ❑) in notes, emails approvals, passwords, etc. _ Technology Activity or date triggered alerts, flags, and messages. Yes. The ability to send alerts can be configured within OpenGov. x w end Available in current software release Guaranteed available in next release of software 3rd-Party Application Custom Modification Custom/FDI needed Not Not available in current or next release; interfaced/integrated third -party application or through custom modification. o = ca .Q a Application • Q o Cn Cn • a o . -a M () General Features General Features REPORT WRITER PERFORMANCE - Capability to The platform allows for all day access to reports and an unlimited number of process report writer requests at any time throughout user running reports with no performance issues. General Features x the processing day, without impacting system performance. REPORT WRITER OPERATIONS - Provide the ability The system allows for reports to be run on different intervals. General Features x to support menu -driven report scheduling options. Errors messages are included. REPORT WRITER OPERATIONS - Capability to General Features generate error messages with a description of x corrective actions. REPORT WRITER HELP - Capability to support online Online support is provided along with a dedicated Customer Success General Features instructions "help". x Manager to call and ask any questions. AGENCY -DEFINED DASHBOARDS - Ability for each _ OpenGov's solution will allow technical and non -technical staff alike to user to create or modify existing dashboards. Ability to personalize dashboards that combine performance data, financial results, key General Features configure dashboards to present reports, tasks, x performance indicators, and community outcomes in one place. Any user notifications, approvals, drill down to source can build dashboards in OpenGov regardless of technological expertise. transactions, etc. Users can search and filter all fields with any portion of the description being WILDCARD SEARCHES - Ability to perform searches General Features by using wildcards or partial information (e.g., searching x used. for accounts, funds, cost centers, projects, etc.) I OpenGov supports arithmetic calculations. REPORT CONDITIONING OPTIONS - The following General Features report writing capabilities need to include the ability to x larithmetically calculate functions: o = 4.0 o .Q Q o E a o � N L � M t1 General Features Generate reports using "include" and "exclude" x Yes. Conditionals are supported. _ statements. General Features Generate reports using "and" and "or" statements x Yes the system supports conditional statements. General Features Generate reports using "equal to", "less than", and x Yes the system supports conditional statements. "greater than" statements. General Features Capability to use an "if -then -else" sequence within x Yes the system supports conditional statements. one query. REPORT FIELD SELECTION OPTIONS - Capability to The entire platform is integrated with all fields being included in reports. General Features combine the use of multiple fields from multiple x modules' database tables in a single query. M cn o = .Q Q. Application... Cc 0 • E • a o L rn M V REPORT FILE REFRESHING - Capability to store and Yes. The calculations can be derived from different data files. General Features recall items whose values are derived from other values x in the data files. ARITHMETIC FUNCTIONS - Capability to support the Yes OpenGov supports calculations. General Features use of arithmetic: addition, subtraction, multiplication, x division, and percent calculations. BASIC STATISTICAL FUNCTIONS - Capability to The ability to forecast based on regression analysis is coming in the next General Features support mean and standard deviations and to build x release. cross tabulations. PDF FOLDERS - Ability to setup auto save folders by Yes all reports and templates can be saved as a PDF General Features type of report when using a pdf writer tool. x REPORT FILE SELECTION OPTIONS - Ability to report All fields are able to be included in reports. General Features on any user -defined field. x REPORT COLUMN DEFINITION - Capability to support Yes any column headings can be updated. General Features default or special column headings. x REPORT SELECTION OPTIONS - Capability to query Yes all fields can be searched. on any element of a transaction history file, including General Features x the type of transaction and the process that originated the transaction. Yes the user can identify the type of data in each column. REPORT EDIT WORD DEFINITION - Capability to General Features support unique field editing (i.e., currency, symbol, x commas, decimal places, etc.) on specific data items. REPORT SORTING OPTIONS - Capability to support Data can be sorted based on the user needs. General Features major and minor sort options. x Yes subtotals can be displayed on reports. REPORT SUBTOTALS - Capability to support subtotal General Features and total options by field. x REPORT SORTING AND TOTALING OPTIONS - The user can select how to sort data. Capability to choose various sorting options and report General Features totaling options with appropriate subtotaling based on x selected sort option. GRAPHS/CHARTS ON REPORTS - Ability to print Everything can be printed or emailed with OpenGov. General Features graphs and charts on reports. x General Features General Features M 4 MATCHING RECORDS - Capability to support a matching record option for use with multiple files within x one auerv. REPORT IDENTIFICATIONS - All reports should contain organization name, report title, column heading descriptions, processing date, sequentially numbered x pages, and subtotals at each level break as appropriate., Yes the data can be mapped when uploaded into OpenGov to query. Yes the details provided on a report is supported. o = 4.0 o .Q Q o E a o � rn L � M t1 SAVE REPORT SETTINGS - Ability to save report The user can identify any data to display in a report and save that view for General Features settings as a specific report name attached to a user- x future usage. The report is saved in a menu view. _ defined report menu. SAVE REPORT SETTINGS - ACCESS - Ability to Yes. The ability to view reports can be secured based on the individual. General Features indicate which saved reports can only be accessed by x certain individuals. I ELECTRONICALLY FILE REPORTS - Electronically Yes. The system will have user access and you can provide unique reports, save reports for subsequent users' access (e.g. on an dashboards for each individual user. General Features x internal intranet page, user dashboard or report menu, etc.) EMAIL REPORT LINKS - Ability to email report links. x General Features _ Yes. A user can email a link to report along with a note. REPORT SCHEDULING - Provide report scheduling —r Yes the user can set up a report to be emailed, and then execute the General Features along with email distribution for recipients.( repeat x emailing on a schedule. The reports are updated as new details are entered options of specific days, weeks, weekly, monthly) into OpenGov. REPORT OUTPUT SELECTION - Ability to support Yes. All reports can be viewed on the screen or printed. General Features user specification of the output media (i.e., printer or x screen). LARGE REPORT TO PRINT WARNING - Ability to The user will have a print preview before printing any reports. General Features warn the user they are about to print a large report x _ (displays number of pages). MICROSOFT EXCEL - Ability to download files to a All data can be downloaded into Excel. General Features Microsoft Excel format. x Reports can be saved as a PDF. All printings are displayed before the user prints. General Features PDF FORMAT -Ability to save reports in PDF format. x DISPLAY PRINTER QUEUES PRIOR TO PRINTING - General Features _ x View or print reports, as an option. PRINTING TO "SAVE" REPORTS TO OUTPUT Yes the user can select the printer they wish to use. General Features QUEUES - Ability for printed output to be queued to any x of the system or network printers. _ REPORT RETENTION - Ability to save and maintain Reports can be saved for any timeframe. General Features x report specifications for periodic use. M. . egend: • . Available in current software release StandardGuaranteed available in next release of software 3rd-Party Application Custom Modification Custom/FDI needed Not Not available in current or next release; interfaced/integrated third -party application or through custom modification. c 0 � 0 ca ca A.. .... > Comments >, a ILL 'a ch y U General Requirements General Requirements Yes. OpenGov will build the COA. The COA then allows for reports to General Requirements Uses the primary system's chart of accounts x be run on any element of the COA. General Requirements Supports multi -year budgeting x Yes. You can budget and forecast for up to 15 years. Yes and improve the entire process and support the publication of a General Requirements Supports capital budgeting x ICIP document. Yes General Requirements Maintains budget and actuals data by period, including: x General Requirements Current Year x The current year data can be displayed in the report General Requirements Prior ten years x Any number of past year actuals can be displayed General Requirements More than 10 years x Any number of past year actuals can be displayed General Requirements Allows users in each department to develop: x iYes User have the ability to create any reports they wish to be General Requirements Summary Budgets x summarized or detailed. User have the ability to create any reports they wish to be General Requirements Detailed Budgets x summarized or detailed. Provides ability for users, with proper security, in each x General Requirements Yes department to access budget information, including: General Requirements View data x All data fields can be viewed. General Requirements Change data x Data can be changed with the proper authority. Supports import / export of budget data to / from external Data can be imported/exported with excel. General Requirements applications e.g., Excel x Provides free -form user -defined text fields for budget Yes all line items, and sub line items have a free form text field. General Requirements justification x General Requirements Allows detailed descriptions for each budget line item x Yes all line items, and sub line items have a free form text field. O r— O r M M t� V .Q Q O ME IL AM -6 rn L M V Supports user -defined budget approval processing and The City can create templates and configure workflow. General Requirements workflow flow; provides standard template configuration x Supports role -based security for budget development based OpenGov utilized user and role based security. The security can General Requirements on a variety of data points x change as the data points change. All changes are tracked. Uploading of Excel data is supported. General Requirements Provides for a comprehensive audit trail x General Requirements Ability to upload budget data from Excel or other product x OpenGov provides a system to bring together both financial and non - General Requirements Allows budgeting for non -financial accounts, that is setting x financial information. The performance measures can have targets. goals and targets for performance measures Budget Control Budget Control Provides multiple levels of controls for the following types of Yes. The controls can be at any level of the COA and also at any Budget Control budgets: x specific line items as well. _ Yes. The controls can be at any level of the COA and also at any Budget Control Fund x specific line items as well. Budget Control x I Yes. The controls can be at any level of the COA and also at any Department specific line items as well. Division (should mirror the organizational structure in Yes. The controls can be at any level of the COA and also at any Budget Control the General Ledger) x specific line items as well. Yes. The controls can be at any level of the COA and also at any Budget Control Program x specific line items as well. Yes. The controls can be at any level of the COA and also at any Budget Control Project x specific line items as well. Yes. The controls can be at any level of the COA and also at any Budget Control Grant x specific line items as well. Yes. The controls can be at any level of the COA and also at any Budget Control Account x specific line items as well. Allows users to allot each appropriation budget by the Yes. The system can be configured to support appropriation of Budget Control following periods with flexibility based on account): x budget by defined periods. Yes. The system can be configured to support appropriation of Budget Control Semi-Annual x budget by defined periods. O r— O r M M t� V .Q Q O ME IL -6 rn L ch U Budget Control x Yes. The system can be configured to support appropriation of Quarter budget by defined periods. Budget Control Month x Monthly budget will be included in the next release. Budget Control Percentage x OpenGov allows a user to budget based on a percentage. Budget Control x The budget can be appropriated based on the percentage used Allocation based on seasonal trend seasonally. Budget Control x Yes. The City can use prior year actuals as the basis to build the Prior year spending pattern Ibudget. Allows users to carry forward appropriation allotments to the The City can select any data point to start the budget process. Budget Control next allotment period based on the funding source; clarify x within the current budaet vear O� O t� r ca V Q_ Q Application Feature Function Capability > • • , CD a M L M rn V Budget Control Supports the tracking of original budget and adjustments x The tracking of adjustments can be viewed in reports. Supports user -configurable budget rules, checking and Yes. The administrator can set limits and rules and provide a system Budget Control warnings x that shows if they are over or under. Includes encumbrances / pre -encumbrances in budget Yes. This is based on the configuration the City wishes. Budget Control x warnings Supports individual appropriation budgetary control options Yes Budget Control in the system, including: x Yes. Transactions are not posted in budget until the approval Hard - prevents transaction from processing without Budget Control override approval x workflow is followed. Soft — provides warning message but allows transaction N/A Budget Control to process with override x No control — allows transaction to process without x Budget Control N/A warning Budget Preparation Budget Preparation v W O� O V r ca t� Q_ Q Application 4) Feature Function Capability > Comments • • , CD 0 L ch rn U When designing our software, the development team worked with non -technical users to make sure the software is easy to use. OpenGov's software uses layouts that are similar to applications that its users use today. For example, our Budget Builder has mimicked the tabular layout of Excel so department managers have a familiar experience when filling out proposals. Our end -to -end budgeting solution allows users to create budget proposals that can be grouped by functional area, multiple worksheets per budget proposal, and support for unlimited proposal attachments in a variety of formats. Budget Preparation x Within these worksheets, users can interface to enter expense and revenue information as well as tie a workforce to the overall budget proposal. Entering and modifying column data from multiple places is as easy as the click of a mouse. See screenshots below: Expenses and Revenue within a worksheet and budget proposal: <IMAGE021.png> Provides online budget request worksheet, used for budget prep, that contains: The budget entry can be configured to display the data desired for Budget Preparation Current year adopted budget x the City. The budget entry can be configured to display the data desired for Budget Preparation Current year amended budget x the City. The budget entry can be configured to display the data desired for Budget Preparation Current year actuals projected x the City. The budget entry can be configured to display the data desired for Budget Preparation Up to ten years actuals projected x the City. Up to ten years historical previous budget data (original, _ The budget entry can be configured to display the data desired for Budget Preparation amended, etc.) x the Cit . Online budget request worksheets contains dollar OpenGov is a web based platform that supports the entry of financial Budget Preparation amounts and non -financial statistics (performance goals x and non -financial data. and results O z Feature Function Capability I •Q•M IApplication Comments Budget Preparation Supports the following: x Yes Budget Preparation Fund budget x The budget can be configured at the fund level. Yes. OpenGov allows budgeting at the line item level along with the Budget Preparation x ability to provide a description for the budget amounts for each line Line item budget item. Budget Preparation Program budget x The flexibility of the system allows for program budgeting. Budget Preparation Project budget multi -year x OpenGov supports multi -year budgeting. Budget Preparation Grant budget, including: x Yes With dates being used, the budget and actual can be identified for Budget Preparation Sponsor Fiscal Year x City Fiscal along with Sponsor fiscal year. With dates being used, the budget and actual can be identified for Budget Preparation Organization's Fiscal Year x City Fiscal along with Sponsor fiscal year. Rolls department worksheets automatically into organization- The proposals are automatically rolled into the master budget. Budget Preparation wide master budget x Allows users to view prior year's line -item budget while Yes. The budget entry screen can be configured to show lines items. Budget Preparation entering new budget x Allows users to view prior two years' line -item budget while Yes. The budget entry screen can be configured to show lines items. Budget Preparation entering new budget x Yes the entry screen can be configured. Allows users to view actuals at detail and/or summary level Budget Preparation while entering the new budget x Yes Supports entering and viewing the following versions of the Budget Preparation budget: x Budget Preparation Original Request x Yes the entry screen can be configured to show these details. Budget Preparation Department Manager Request x Yes the entry screen can be configured to show these details. Budget Preparation Budget Office Request x I IYes the entry screen can be configured to show these details. Budget Preparation Executive level request x Yes the entry screen can be configured to show these details. Budget Preparation Council Request x Yes the entry screen can be configured to show these details. Supports multiple versions of the budget with a final control The City can have unlimited budget versions and select the final Budget Preparation x version Yes. Each version of the budget can have a description. Budget Preparation Stores reason for budget version x Yes dget Preparation Creates an initial version of the budget using the following: x O Feature Function Capability I > Comments •Application a Budget Preparation Zero balances in all accounts x IYes a zero based budget is supported. Text or any attachment (copy) from previous budget to Yes. The attachments can be rolled forward. Budget Preparation any other budget version x Budget Preparation Current year's original budget x Yes. The current year budget can be the basis for the budget. Budget Preparation Current year's amended budget x Yes. The amended budget can be the basis for the budget. Budget Preparation Last year's budgeted total x Yes. Last ear's budget total can be the basis. Budget Preparation Last year's actuals x The Last year actuals can be the basis for the budget. The Last year's amended budget can be the basis for the budget. Budget Preparation Last year's amended x Budget Preparation Current year's actuals plus/minus a percentage x Yes. The budget basis can be a percentage of the current year. Budget Preparation Current year's budget plus/minus a percentage x Yes. The budget basis can be a percentage of the current year. Yes. A percentage can be used to project the base budget for next Budget Preparation Projection based on percentage of last year's actual x year Yes. Estimated actuals can be used. Budget Preparation Projection based on estimated actuals from current year x Yes. The system allows the user to select if the request is one-time Budget Preparation Allows users to flag one-time budget events x or recurring. Yes. You can have unlimited forecast for both budget and workforce. Budget Preparation Saves forecasts x Allows users to adjust the base budget line items or Yes Budget Preparation summary totals by: x Budget Preparation Percentage x Yes. Percentage changes are supported. Budget Preparation Dollar amount x Yes. You can update based on a dollar amount. Allows attachment of non -financial data; for example: Yes. The user can upload attachments. Budget Preparation mission statements, performance measure (operational x data), org charts Yes. The user can copy a formula into different fields. Budget Preparation Allows users to copy formulas from one field to many cells x Compares budget versions to demonstrate changes that Budget versions can be compared and analyzed based on the Budget Preparation have been made between versions xYes. Chart of Account. Budget Preparation Locks budget changes after specified date x IYes. With the workflow, the budget can be locked. O� O V r ca t� Q_ Q Application Feature Function Capability > • • , a L ch rn U Supports the ability to approve all budget line items at one Yes. The City can approve all line items at one time. Budget Preparation time x Yes. The system can be configured to support exceptions and those Budget Preparation Supports exception -based budgeting x changes can be easily searched. Budget Preparation Supports statistical budgeting x Yes. The City can use statistics to build the budget. Budget Preparation Supports project budgeting x Yes. Project are supported within OpenGov budgeting. Supports multi -year budgets for projects, grants, and Yes. Multi -year budgeting is supported. Budget Preparation contracts JAIlows users to perform global budget changes x x Yes. Accounts can be updated globally. Budget Preparation Budget Preparation IStores budget data for user -defined period of time x IYes. Data can be stored for any time period. Position Budgeting Position Budgeting Allows users to track positions at multiple levels of Yes. The user can track positions based on authorization level. PositionBudgeting authorization: x x Yes. Positions can be tracked on Ordinance. Position Budgeting Ordinance Position Budgeting Budgeted x Yes. The City can view positions that are budgeted. Position Budgeting Authorized x Yes. The City can track authorized positions, Position Budgeting Requested but not yet authorized x Yes. The City can view requested positons. Position Budgeting Filled x IYes. The City can view and report on Filled positions. Position Budgeting Vacant x Yes. The City can view and report on vacant positions. Identifies funding sources for positions (multiple funding Yes. The funding sources for positions can be allocated to many Position Budgeting sources) x different accounts. Yes IYes. Active positions can be tracked. Yes. Frozen positions can be tracked. Yes. Held positions can be tracked. Position Budgeting Allows users to track positions by different status: x Position Budgeting Active x Position Budgeting Frozen x Position Budgeting Held x Position Budgeting Unfunded x Yes. Unfunded positions can be tracked. Provides multiple types of positions, including but not limited Yes Position Budgeting to: x Position Budgeting Full-time x Yes. OpenGov can calculate cost based on full-time. Position Budgeting Part-time x Yes. OpenGov can calculate cost based on part-time. Yes. Calculations can be completed based on hourly employees. sition Budgeting Hourly x O� O V r cC t� Q_ Q Application Feature Function Capability > • • , a L ch rn V -TTI Yes. Temporary employees can be identified in the workforce plan. Position Budgeting Temporary Project/Grant Funded Positions x Yes. Seasonal employees can be identified in the workforce plan. Position Budgeting Seasonal x Yes. Contractual employees can be identified in the workforce plan. Position Budgeting Contractual/At-Will x Yes.. Volunteer employees can be identified in the workforce plan. Position Budgeting Volunteer x Yes. Any identification of employee can be configured in OpenGov. Position Budgeting User -defined x Supports position budgeting that includes calculations of IYes. OpenGov calculates all benefits for each position. Position Budgeting benefits specific to position(s) x Supports budgeting definition for position vacancies; Yes. The City can calculate the cost and report on them. Position Budgeting including salary and fringe x Supports budgeting definition for position vacancies; Yes. The City can calculate the cost and report on them. Position Budgeting including salary and fringe Allows for the cost of a position to be allocated to multiple x Yes. Positions can be allocated to any segment of the COA. Position Budgeting segments of the Chart of Accounts, such as organizational x codes, programs, projects, grants Yes Position Budgeting Allows users with proper security authorization to perform x the following operations online for projection purposes: Add or delete the number of authorized or budgeted Yes. The workforce plan can be updated. Position Budgeting positions x Provide tools to reconcile and budget/forecast salary and Yes. The user can update salary and benefits and then show the Position Budgeting benefit costs x impact real time. Ability to easily move positions from one department and/or I Yes. The allocation of positions can be updated by changing the Position Budgeting fund to antoher x jaccount string association. x IYes. The user can change the status. Position Budgeting Modify filled / vacant status Analysis and Forecasting Analysis and Forecasting O� O : t� r ca V Q_ Q Application Feature Function Capability > Comments • • , a L ch rn U Supports forecasting current year budget and actual (either Yes Analysis and Forecasting on a line -by-line basis or on an entire budget) by multiple x budget elements, including: The ability to forecast budget based on many different variables is currently being developed and be included in the product in the near future. The ability to forecast based on regression, last year actuals, Analysis and Forecasting x any metric will be included. We can perform forecasting on each line item, or global changes for group of accounts today. Straight-line projection See above See above Analysis and Forecasting Percentage based on last year actual x Last year actual or budget for the remainder of the Analysis and Forecasting current fiscal year x Analysis and Forecasting Units (positions) or staffing levels x See above Yes. We can forecast employee cost by groups, departments, Analysis and Forecasting Employee groups x characteristics today. Characteristics of positions, for example longevity See above. OpenGov can forecast all parts of employee pay and Analysis and Forecasting increases, step and grade increases x Ireport on the changes. Analysis and Forecasting Personnel Costs x Yes. The City can forecast future years of personnel costs. Analysis and Forecasting Units of Measure, such as miles, gallons x See above. Metrics for forecasting will be included. Analysis and Forecasting Revenue x Yes. The City can forecast revenue for future years. Calculates position costs based on incumbent for the Yes Analysis and Forecasting following assumptions: x Yes. And all elements of the workforce plan can be date specific Analysis and Forecasting Service Increment by anniversary date x making our solution extremely accurate. Yes. The system will calculate based on the hours worked in a year. Analysis and Forecasting Full time vs Part time x Certifications (when certifications to be earned would be The benefits can be calculate based on any date. Analysis and Forecasting effective xYes. Yes. Shift pay can be calcualted. Yes. The use of available dollars can be used to forecast budgets. Analysis and Forecasting Shift pay x Analysis and Forecasting Calculates available dollars to forecast budget x J L<Oj O Application Feature Function Capability I > Comments •a Yes. The vacant position cost can be reported on and analyzed Analysis and Forecasting Calculates position vacancy costs x based on fund, department, divisions, etc. Provides multiple calculation methodologies for salaries and Yes. OpenGov supports a variety of calculation methodologies. Analysis and Forecasting benefits budget monitoring x Yes, OpenGov allows budgeters to create a limited number of scenarios, analyzing the impact of any changes, including mass Analysis and Forecasting x salary and benefit changes on the whole budget or any section of the Accommodates "what if' forecasting budget. Accommodates "what if' forecasting for mass salary Yes with the ease of reporting on the forecasts. Analysis and Forecasting changes that include all benefit calculations x Yes. The City can have multiple budget scenarios at any given time Analysis and Forecasting Allows users to save multiple budget scenarios x and be able to report on the impacts of each scenario. Supports identification of up to 25 named versions of the Unlimited versions of the budget can be open at any time. Analysis and Forecasting budget for each named entity / ledger x Analysis and Forecasting Each version can have the ability to log changes made x Yes. The audit trail is included in each version of the budget. Analysis and Forecasting Eight roll ups are available for each version x Yes. As many roll ups as required can be provided. Yes. OpenGov provides the ability to create as many "what -if' Analysis and Forecasting Create "what -if' scenarios of the budget x scenarios as required. System calculates long-term budget forecasts for a user Yes. The City can calculate long-term budget forecasts. Analysis and Forecasting defined period of time x Yes. All data within OpenGov can be visualized and included in the Visualizations should be interactive and have click- Analysis and Forecasting through/drill-down capabiltiies x reporting functionality of OpenGov. Ability to parse and visualize data by fund, department, Yes. The data can be visualized by any segment of the COA. Analysis and Forecasting program, or other function x Ability to visualize data in the following formats: pie chart, Yes all formats are included. Analysis and Forecasting line graph, stacked line graph, and/or bar graph x _ Yes. Any internal report can be published to the external Ability to push proposed and/or approved budgets to public- Analysis and Forecasting facing transparency site. x transparency site. Budget Maintenance and Monitoring dget Maintenance and Monitoring Yes. This can be viewed in each report or through the use of Users can view the amount of funds remaining in the budget Budget Maintenance and Monitoring (i.e., amount budgeted, amount encumbered, amount spent, x dashboards. etc. O� O t� r ca V Q_ Q Application z Feature Function Capability I •M Comments •CD • CL , CD • Ma L ch rn U System stores narrative justification for budget adjustments Yes. The budget narrative and justifications are stored and be Budget Maintenance and Monitoring at the departmental level x reported as needed. Yes Yes. The type of budget change is tracked Budget Maintenance and Monitoring System track all budget changes including: x Budget Maintenance and Monitoring Type of change x Budget Maintenance and Monitoring Reason for change x Yes. The justification for the change is stored. Budget Maintenance and Monitoring Who requested the change x Yes. The user requesting the change is captured. Budget Maintenance and Monitoring Approval Date x Yes. The system captures approcal date/ Budget Maintenance and Monitoring Audit trail of all budget changes x Yes. The audit trail includes all the budget changes. Budget Maintenance and Monitoring The original change request x Yes. Original change is captured. Yes. The Original Budget and Amended budget can be included in a Budget Maintenance and Monitoring x report format along with being visible in the budget system. Amended vs Original Budget Adjustments Budget Adjustments Yes. Budget adjustments can be made on any level of the COA. Budget Adjustments System allows transfers: x Budget Adjustments Within a division x Yes. Transfer can made within a division. Budget Adjustments Within a department x Yes. Transfer can made within a Department. Budget Adjustments Between divisions x Yes. Transfers can be made between division. Budget Adjustments Between departments x Yes. Transfers can be made between departments. Budget Adjustments Between funds x Yes. Transfers can be made between funds. Lock out budget changes after specified date, but maintain Yes. With the workflow the user can be locked out of the system to Budget Adjustments ability to view those in progress x make changes but can still view. Yes. This can be completed through excel upload. System supplies a method to load budget adjustments to Budget Adjustments multiple budgets (adopted budget, current budget x w/transfers, etc.) Support the approval of budget adjustments online via Yes, the workflow can be configured to provide any levels of Budget Adjustments Workflow Approvals may be multi -level x approvals needed in the City's process. Tracks all budget changes (transfers/amendments), type of Yes. All changes are tracked and the justification can be sorted and Budget Adjustments change, and reason for change Budget Rollover x searched. J x Yes. The base budget can be prior year actuals. Budget Rollover �Udget Rollover Supports preparation of base budgets from prior year actuals O Application Feature Function Capability > I Comments • Budget Rollover Approved budget may be automatically installed x Yes. The approved budget can be included. Prior year budgets may be viewed when creating Yes. Any past year data, budget or actual, can be included to be Budget Rollover current/future year budgets x viewed. Budget Rollover Supports the rollover of encumbrances x Yes. Encumbrances can be rolled over. Supports the liquidation of encumbrances prior to rollover; Yes, The data included to rollover will be configured during Budget Rollover thereby restricting liquidated amount from current year x implmentation. budget Reports/Queries _ x Reports/Queries Numerous standard reports are provided Yes. Standard reports are provided. Yes, without needing any programing experience, a user can create Reports/Queries Provides ad -hoc report writing tool(s) that allow users to x unlimited reports, save those reports, and share via email, print modify current reports and create custom reports version or in a dashboard. Yes. OpenGov reporting allows the user to search any field and Allows users to select and query from any field, both on screen and through reporting Users may select any field create reports. Reports/Queries and/or groups of fields, additionally the use of wildcards and x ranges is supported Allows user to create footnotes and comments for budget Yes. User can add narrative around any reports. Reports/Queries publications x Yes System provides the following reports with the ability to filter Reports/Queries by fund/division/department: x Reports/Queries Original Expenditure Balance x Yes. Original expenditure and balance can be in a report. Reports/Queries Beginning Budget Balance x Yes. The beginning balance can be included. Reports/Queries Beginning Budget x Yes. The beginning budget can be included. Reports/Queries Amended Budget x Yes. The amended budget can be included. Reports/Queries Council Approved Budget x Yes. The Council approved budget can be included. Yes. Any details from the financial system can be configured and Reports/Queries Encumbrances/Pre-encumbrances x included. Reports/Queries Actual Expenditures x Yes. Actual expenditures can be included. Reports/Queries Actual Revenues x IYes. Actual revenues cna be included. Reports/Queries Transfers (In and Out) x Yes. Transfers can be included. Yes. Available budget can be displayed as both a percentage and Reports/Queries Available Expenditure Budget Balance x dollar amount. O Application z Feature Function Capability I •QM I Comments •a Reports/Queries Revenue Surplus/Deficit x Yes. The variance from budget cfna be displayed. Reports/Queries Monthly Analysis Report x Yes. Monthly budget to actual is a standard report. Reports/Queries Year to Date Report x Yes. Year to date is a standard report. Reports/Queries Quarterly Analysis Report x Yes. Any date range can be grouped for reporting. Generates a standard, configurable budget variance report Yes. OpenGov provides a standard report based on the actuals and Reports/Queries budget to amended to actuals x budget the City wishes to display. Provides reports/inquiries to review multiple versions of Yes. All levels of the budget can be included in a report. Reports/Queries budget x Yes. The financial and non -financial information can be in a report Reports/Queries Ability to report on financial and non -financial budget data x I land dashboard format. _ Yes. OpenGov has a partner to provide the development of the Budget Document Budget Document Ability to produce charts and graphs necessary for Budget document compliance with GFOA Distinguished Budget Award x budget book using an export from OpenGov. Ability to produce budget document including: charts, Yes. OpenGov has a partner to provide the development of the Budget document graphs, narratives x budget book using an export from OpenGov. Smart capabilities that will automatically update narrative as Yes. OpenGov has a partner to provide the development of the Budget document data changes. x budget book using an export from OpenGov. Q OPENGOV Order Form Numner: OG-00004389 Created On: 2/13/2020 Order Form Expiration 3/31/2020 Subscription Start Date: 4/l/2020 Subscription End Date: 3/31/2025 Customer Information Customer: City of Tukwila, WA Bill To/Ship To: 6200 Southcenter Blvd. Tukwila, WA 98188 United States Order Details Billing Frequency: Annual Payment Terms: Net Thirty (30) Days SOFTWARE SERVICES: Product / Service i The OpenGov Cloud — Year 1 The OpenGov Cloud — Years 2-5 PROFESSIONAL SERVICES: Product / Service _ OpenGov Deployment — One Time Fee Billing Table: Billing Date Amount Due April 1, 2020 $78,906.00 April 1, 2021 $67,346.00 April 1, 2022 $67,346.00 April 1, 2023 $67,346.00 April 1, 2024 $67,346.00 1 OpenGov Inc. 955 Charter Street Redwood City, CA 94063 United States Prepared By: Greg Balter Email: gbalter@opengov.com Contract Term: 5 Years Contact Name: Vicky Carlsen Billing Contact: Vicky Carlsen Email: vicky.carlsen@tukwilawa.gov Email: vicky.carlsen@tukwilawa.gov Phone: (206) 433-1839 Phone: (206) 433-1839 Description: See Billing Table Below Start Date End Date Annual Term Annual Fee 4/l/2020 3/31/2021 1 $55,346.00 4/l/2021 3/31/2025 4 $67,346.00 Annual Subscription: See Billing Table Description Product configuration and setup, training, and ongoing support to help organizations deploy and adopt the OpenGov solutions described in the attached SOW. Professional Services Total: $23,560.00 Order Form Legal Terms Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at 955 Charter Street, Redwood City, 94063 ("OpenGov"), and you, the entity identified above ("Customer"), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement ("SSA") attached, or if no such SSA is attached, the SSA available at https:Hopengov.com/terms-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each parry's acceptance of this Agreement is conditional upon the other's acceptance of the terms in the Agreement to the exclusion of all other terms. City of Tukwila, WA Signature: Name: Title: Date OpenGov, Inc. Signature: Name: Title: Date: OPENGOV SOFTWARE SERVICES AGREEMENT OPENGOV SOFTWARE SERVICES AGREEMENT This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 955 Charter Street, Redwood City, California 94063 ("OpenGov") and the customer listed on the signature block below ("Customer"), as of the date of last signature below (the "Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services. DEFINITIONS "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data shall not include any confidential personally identifiable information. "Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com. "Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. "Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date. "Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. "Order Form" means OpenGov's Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. "Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer ("Software Services"). 2.2 Support. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. 2.3 Professional Services. (a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work ("SOW") agreed to by the parties (the "Professional Services"). For Professional Services performed on a time and materials basis, any pre -paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre -paid Professional Services Fees shall be forfeited. (b) Unless the SOW provides otherwise, all reasonable travel expenses, pre -approved by Customer and incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals. RESTRICTIONS AND RESPONSIBILITIES Rev. 2018.01_ 190221 OPENGOV SOFTWARE SERVICES AGREEMENT 3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services. 4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. CONFIDENTIALITY 5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2 "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation. Rev. 2018.01_ 190221 OPENGOV SOFTWARE SERVICES AGREEMENT 5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information. 6. PAYMENT OF FEES 6.1 Fees; Invoicing: Payment; Expenses. (a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as "Fees". (b) Inflation Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 4% each year of the Renewal Term. (c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for pre -approved travel expenses incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 6.2 Credit Card Customers. If applicable, Customer will provide OpenGov with valid credit card information and promptly notify OpenGov of any changes necessary to charge the credit card at billing@opengov.com. Please update your credit card information when necessary. The provision of credit card information to OpenGov authorizes OpenGov to charge the credit card for all applicable Fees plus a 3% credit card processing fee. OpenGov processes credit card payments through a secure third party processing partner and does not take receipt of credit card information itself. 6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. TERM & TERMINATION 7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial Term"). 7.2 Renewal. Unless either party terminates this Agreement in writing no less than thirty (30) days before the end of the Initial Term, this Agreement shall renew for another period of the same duration as the Initial Term (the "Renewal Term" and together with the Initial Term, the "Term"). 7.3 Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non - breaching party may terminate this Agreement. 7.4 Effect of Termination. Rev. 2018.01_ 190221 OPENGOV SOFTWARE SERVICES AGREEMENT (a) In General. Upon termination or expiration of this Agreement: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. If Customer requests deletion of its Customer Data in writing prior to the date of termination or expiration of this Agreement, then OpenGov will permanently and irrevocably delete Customer Data, excluding any Insights, stored by its cloud hosting provider within ten (10) days of the date of termination or expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice described at Section 10. 7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). REPRESENTATIONS AND WARRANTIES; DISCLAIMER 8.1 By OpenGov. (a) General Warrantv. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies. (b) Software Services Warrantv. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services. 8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. LIMITATION OF LIABILITY 9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Rev. 2018.01_ 190221 OPENGOV SOFTWARE SERVICES AGREEMENT 9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property. 9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov. 10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices required by the Agreement (in Sections where the word "notice" appears) the parties must communicate more formally in a writing given by personal delivery, by pre -paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer. 10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement. 10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party's permitted assigns and successors. 10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. Rev. 2018.01_ 190221 OPENGOV SOFTWARE SERVICES AGREEMENT 10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein. 10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Signatures Customer: Signature: Name: OPENGOv, INC. Signature: Name: Title: Title: Date: Date: Rev. 2018.01_ 190221 91 rZ)OPENGOV Statement of Work City of Tukwila, WA OpenGov Full Cloud Created By TJ Isselhard SOW Creation Date 02/11/20 Document Number: DD-00834 Version: 4 92 Q OPENGOV 1. Objective 1.1. Summary This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov") will perform for City of Tukwila, WA ("Customer") pursuant to the order for Professional Services agreed to by the parties ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). OpenGov will enable and support the Customer to deliver on the Scope of Work outlined below. The objective of this Statement of Work is to define the scope, activities, roles and responsibilities, and timeline necessary to successfully execute this deployment project. This project aims to implement the OpenGov Full Cloud for the Customer to enable effective and accountable governing. This SOW defines the scope and deliverables for a successful implementation of the OpenGov Cloud. 1.2. Solution Overview Customer currently uses Tyler Technology - Eden for its financial, human resources, payroll, and utility billing modules. Customer currently uses a combination of Excel and Word (Office 365) to draft the biennial budget and capital improvement plan. Customer also utilizes Synario for forecasting and modeling. Customer seeks a "commercial off the shelf', configurable, packaged solution(s) that meet its core requirements with minimal modifications. This SOW defines the scope and deliverables for a successful implementation of the OpenGov Full Cloud, a budgeting and performance tool that enables reporting, workforce planning, and transparency tools. 2. Scope 2.1. Project Scope The project scope includes the following services and deliverables. Any items not specifically included in scope will be considered out of scope. OpenGov will provide Professional Services to implement the OpenGov Full Cloud. The below Phases and their associated tasks are organized based on Customer's solution. Phases and tasks may start concurrently or prior to the previous Phase's tasks. Phase 1: Kickoff and Project Planning Phase • OpenGov to work with Customer to hold a Project Kickoff and create a Project Plan. Phase 2: Chart of Accounts (CoA) and Financial Integration • Customer will provide OpenGov with source data for CoA. OpenGov - Statement of Work Page 2 93 Q OPENGOV • OpenGov will configure the CoA in OpenGov Platform for functional review • OpenGov will work with Customer to configure Financial Integration. • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 3: Reporting and Transparency Platform • OpenGov will work with Customer to configure Transparency, Reporting & Analytics, and Dashboards. • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 4: Budgeting and Planning • OpenGov will work with Customer to configure Operating Budget and Workforce Planning. • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 5: Project Closure 2.2. Deliverables Functionality Deliverables Chart of Accounts • Review and feedback of Customer's source system chart of accounts • Chart of accounts functional build and review • Chart of accounts configuration and peer review • Administrator training Financial • Integration of Customer Financial System Integration • Integration of budget and actuals, with transaction -level detail up to 10 years • Single system connector • Design, map, and validate data from the system Reporting and Transparency (Stories and Open Town Hall) Transparency • Configure 1 OpenGov standard story Platform • Open Town Hall site setup and forum theming • Development of 1 standard Open Town Hall topic Reporting & Analytics • 4 Standard Reports (Annual, Budget to Actuals, Change in Fund Balance and Transactions) • 4 department -specific Budget to Actuals reports OpenGov - Statement of Work Page 3 Q OPENGOV Dashboards • Configure up to 2 Economic Vitality Dashboards of Customer choosing • 1 financial dashboard for each of the 4 departments, totaling to 4 dashboards • 6 financial tiles per dashboard, totaling 24 tiles Budgeting and Operating Budget, including Workforce Planning Planning • Budget Builder setup to complete Customer's Operating Budget • Creation of up to 5 worksheet shells • 2 budgeting reports (Budget to Actuals and Milestones) • Workforce planning configuration based on Customer -provided documentation and cost elements • 1 Workforce plan • Data formatting and loading • Validate calculations • Administrator training Total Prepaid Hours 152 hours 2.3. Assumptions and Exclusions • The concept of Prepaid Hours means that the Customer is purchasing a package with a set number of Professional Service hours to achieve the outlined deliverables. The hours are based on OpenGov's best estimate given reasonable assumptions outlined in section 4.2, Project Responsibilities. These hours should be adequate to achieve the deliverables, however if they are not, the Customer will need to purchase additional hours. • Hours estimated above are for deployment of outlined deliverables. Any leftover hours may be utilized for additional professional services activities dictated by the Customer. • For the Financial Integration, o The data will be linked to the Customer's chart of accounts. o OpenGov will perform the validation for data accuracy for the Integration, working jointly with the Customer team to approve the Financial Integration data. o OpenGov will require assistance from the Customer to understand source system specific customizations and configurations when building the data extract. OpenGov - Statement of Work Page 4 95 QOPENGOV o If the integration is with Central Square, the Customer is responsible for getting data from Central Square system. • If there is an FTP integration of 3 .CSV datasets, o The data will NOT be linked to the Customer's chart of accounts. o The Customer will perform the validation for data accuracy for the Integration. o Customer will perform the data extraction from the source system and automate it to be dropped in OpenGov FTP location. 3. Schedule OpenGov will schedule resources for this project upon signature of the Order Form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the "OpenGov Project Manager") will work with Customer to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and the deliverables provided by Customer. Example Timeline M1 Functionalities W1 Phase 1: Kickoff Phase 2: CoA and Financial Integration Phase 3: Reporting and Transparency Platform Phase 4: Budgeting and Planning M2 M3 W2 W3 IW4 IW5 IW6 IW7 W8 W9 W10 W11 W12 M4 M5 M6 Functionalities W13 W14 W15 W16 W17 W18 W19 W20 W21 W22 W23 W24 Phase 4: Budget and Planning cont'd *subject to change based on customer priorities and preferences, and OpenGov resources 4. Project Organization 4.1. Project Team OpenGov OpenGov - Statement of Work n Page 5 Q OPENGOV OpenGov will assign a Project Manager (the "OpenGov Project Manager") upon execution of the SOW. The OpenGov Project Manager will coordinate any additional resources needed from OpenGov. Customer Customer will assign a project manager (the "Customer Project Manager") and technical resource prior to project kick-off. The Customer Project Manager will be the primary contact person at Customer and will coordinate all Customer resources needed to complete the project. It is anticipated that the areas of need will be in Finance, Data Gathering, and the IT department. 4.2. Project Responsibilities The project responsibilities for each organization are outlined below: OpenGov 1. Manage delivery of in -scope items in coordination with Customer. 2. Make available deliverables to Customer project team for review and verification. 3. Provide relevant technical details and documentation for data requirements for Customer's environment. 4. Keep Customer Project Manager informed of project progress and communicate any issues relating to the project in a timely manner. 5. Establish documentation and procedural standards for the project. 6. Review and administer project change control, as described in Section 5, Change Control Procedures. 7. Ensure that all meetings and training sessions are attended by OpenGov personnel, as scheduled. 8. Budget Builder files are exported as .xIsx. OpenGov may assist in formatting that file, but cannot convert files to any other file types Customer 1. Make available a representative to serve as the primary contact for OpenGov Project Manager to coordinate project activities. 2. Make available appropriate representatives with the authority to review and approve deliverables produced during the project. 3. Make available appropriate Subject Matter Experts (SME) to support the project needs, test integrations and provide Customer environment specific technical details. 4. Setup firewall rules to allow incoming requests from OpenGov's proxy over HTTP/HTTPS to Customer systems. 5. Communicate any issues relating to the project to OpenGov Project Manager in a timely manner. 6. Provide acceptance of deliverables and Project in a timely manner. 7. If Integration services are purchased, Customer will be responsible for making any configuration changes or modifications to Financial System (ERP) to support integration and make available access for integration to OpenGov software. The Customer will be responsible for ensuring that the versions of OpenGov - Statement of Work 97 Q OPENGOV Financial System (ERP) running on all environments remain the same across all environments. 8. Customer will be responsible for any infrastructure required to access OpenGov, and will maintain relevant non-OpenGov software licenses and infrastructure needed for this project i.e. accounting system licenses. Please note, OpenGov software is optimized for Google Chrome. 9. The Customer will be responsible for ensuring that all meetings and training sessions are attended by personnel, as scheduled. 5. Change Control Procedures No amendments, changes or other modifications to this SOW will be effective without a written project change order, in the form attached hereto as Appendix 2 (a "Project Change Order"). The Project Change Order will describe the change, the rationale for the change, and specify any change in the charges, estimated schedule, or other terms. The terms of a mutually agreed upon Project Change Order will prevail over those of this SOW or any previous Project Change Orders. Such Project Change Order may require additional charges, which will be set forth in the Project Change Order. 6. Fees and Expenses 6.1. Fees and Payment Terms All fees and expenses will be paid in accordance with the Order Form to which this SOW is attached. For any Project Change Orders or for any new Professional Services, fees will be mutually agreed upon provided that any hourly fees shall be based on OpenGov's then -current, applicable hourly rate. 6.2. Travel Expenses All rates and fees are exclusive of work -related travel, living and other expenses. Customer will be billed for actual expenses as incurred. All Travel and Lodging expenses will be approved in advance in writing by the Customer Project Manager prior to OpenGov incurring any such expenses and booking non-refundable travel expenses. Such expenses shall be in compliance with Customer's travel and expense guidelines provided to OpenGov. Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $5,000 for the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it will be mutually agreed upon and be billed as incurred. OpenGov - Statement of Work W Q OPENGOV 1. Appendix 1 Implementation Methodology OpenGov uses an iterative methodology, with a focus on rapid implementation of a configured system. This methodology requires a degree of focus from the Customer and collaboration between both parties to complete work products in a timely manner. hL Analyze and 14 • Design .-. . 1. Analyze and Design a. Key Activities: Discovery, Design Sessions, Solution Document Review b. Key Work Products: Data Inventory, Functional Model Build, Process Flow Documents, Solution Document c. Summary: Analyze and Design Phase is the first step of the implementation project. The purpose of this phase is to define the success criteria of the project, make design decisions based on the functional model build, and begin gathering data that needs to be loaded into the OpenGov platform. At the end of the Phase, a Process Flow and Solution Document will be created that outlines how the solutions will be implemented. 2. Configure Phase a. Key Activities: Application and Solution Configuration, Data Load b. Key Work Products: Solution Configuration, Peer Review c. Summary: The Configure Phase consists of application configuration, and solution configuration as defined in the Solution Document. OpenGov will also load the data gathered in the Analyze and Design Phase. The Phase ends with a Peer Review done by an OpenGov Subject Matter Expert to confirm that the solution follows OpenGov best practices. 3. Validate Phase a. Key Activities: User Acceptance Testing, Data Confirmation b. Key Work Products: Data Validation, Customer Review c. Summary: The Validate Phase starts with a review of the entire solution with the Customer project team to confirm that all project elements have been implemented. Once that process has been completed, the Customer will validate that data is being represented accurately in the solution. If any issues are found, OpenGov team will assess the issue and resolve as needed. The Phase ends with the Acceptance of by the Customer. OpenGov - Statement of Work Page 8 &• Q OPENGOV 4. Deploy Phase a. Key Activities: Administrator Training b. Key Work Products: Project Documentation c. Summary: The purpose of the Deploy phase is to complete the Administrator Training process and prep for Go Live of the solution. All project documentation will be provided at this point to the Customer OpenGov Administrator documenting the solution configuration and any specific process flows or user guides. At this point, the solution will be configured and ready to Go Live to end users. 5. Own and Enable Phase a. Key Activities: Go Live, User Training, Transition to Customer Success Manager and Technical Support b. Key Work Products: Project Acceptance, Transition c. Summary: The purpose of the Own and Enable phase is to complete the User Training process, Go Live with the solution, and begin Transition activities to close the project. Post Go Live Support is technical assistance with the project team and issue resolution for the solution during the two week period after Go Live. Once this period has passed, the Project team will begin working on transition activities to the Customer, the CSM, and the Customer Technical Support Function. The Project closes upon the acceptance of the project and a brief survey to provide feedback about the experience. OpenGov - Statement of Work 100 Page 9 Q OPENGOV 2. Appendix 2 Project Change Order Customer: Project: Date Requested: Requested by: Reason for Change Scope of Change Project Impact (Schedule and Cost) Approvals OpenGov Customer Signature: Signature: Name: Name: Title: Title: Date: Date: OpenGov - Statement of Work Page 10 101 102 CZ)OPENGOV OpenGov and Tukwila Response to RFP for Budget Software Solution Greg Balter Enterprise Account Executive 415-230-9472 gbalterC@opengov.com OpenGov, Inc., 955 Charter Street, Redwood City, CA 94063 ■j e Photo Credit: SounderBruce https://www.flickr.com/photos/sounderbruce/31003195156/ t " -t - IE'm' - . A 1 103 Q OPENGOV City of Tukwila Vicky Carlsen, Finance Director 6200 Southcenter Blvd. Tukwila, WA 98188 RE: Budget Software Solution RFP Dear Ms. Carlsen, On behalf of OpenGov, we are thrilled at the opportunity to partner with the City of Tukwila in procuring a modern budget software solution. We truly value the thought and careful consideration that went into developing the RFP. We are pleased to present in the following pages our offering of solutions that will not only meet the City's goals, but will also foster a culture of transparency and collaboration, remove organizational data silos, and establish a sound and reliable foundation for developing the budget through a modern, transformative software solution. OpenGov's commercial off -the -shelf solution connects key stakeholders to the capital budget and operating budget performance, while also providing visualizations and interactive reporting that demonstrates real-time insights that result in time -savings for more strategic planning and accurate decision -making. OpenGov's mission is to power more effective and accountable government, and we believe that the City of Tukwila possesses the right future -ready mindset to become our strategic partner. We invite you to join us in our mission. Sincerely, Greg Balter Enterprise Account Executive 104 Q OPENGOV Executive Summary OpenGov is the leading cloud -based solution for public sector budgeting and performance. OpenGov was founded in 2012, and is backed by Andreessen Horowitz, Emerson Collective, 8VC, and Thrive Capital. OpenGov currently serves over 2,200 governments ranging in size, including states like California, Texas, Illinois, Utah & Oklahoma, Cities like Shelton, Olympia, Fife, Washougal, Woodland, Ocean Shores and Counties like Thurston County and Kittitas County. OpenGov is presenting the following solutions to Tukwila for consideration: • The OpenGov Cloud'": The OpenGov Cloud" is the only integrated cloud solution for budgeting, performance, communications and reporting. This multi -tenant Software -as -a -Service ("SaaS") solution connects stakeholders to the budget process, engages them for real-time feedback, accurately forecasts personnel costs, and integrates with key government systems, resulting in improved outcomes, enhanced internal efficiencies, and more time for strategic planning. The OpenGov Cloud includes: • Budgeting and Performance: The OpenGov integrated budgeting and performance solution to aggregates and synchronizes financial and non- financial data. Streamline and transform your budget process from the initial stages of planning and personnel forecasting on through final publication while enabling collaboration throughout. • Communications and Reporting: Build trust by simplifying and streamlining the collection, analysis, and communication of complex information with the OpenGov communications and reporting solution. In addition, OpenGov offers data solutions to simplify the process of integrating information with the OpenGov Cloud. Agencies can establish direct connections to their Enterprise Resource Planning (ERP) or general ledger and indirect File Transfer Protocol (FTP) connections to a variety of the State's operational systems. Strategic Goal: Safer Streets s70.( 105 Q OPENGOV The OpenGov Advantage • Built From the Ground Up for Government OpenGov is solely focused on serving government. OpenGov's software offers a unique (and patented) Chart of Accounts (CoA) Engine that enables OpenGov's products to map to any government's unique Chart of Accounts' organization. By mapping directly to the customer's CoA, OpenGov offers accurate and flexible reporting that is consistent with the customer's prior reporting formats and allows users to drill -down and explore data to the object level. • Best Choice for Budget and Performance Budgeting and performance are intrinsically connected. Today's state agencies must optimize budgets to drive performance outcomes. With OpenGov, agency leaders can now streamline and transform their end -to -end budgeting process, seamlessly tie budget dollars to key organizational initiatives, and draw actionable insights that maximize performance outcomes. • System Agnostic OpenGov brings together financial and non -financial data from across your agency or departments, guaranteeing data integrity across all applications and solutions, from budgeting and performance to constituent engagement. • Ease of Use OpenGov is an intuitive and easy -to -use cloud -based solution designed specifically for non -technical users. Users can derive value quickly and understand the system with minimal training. • Quick Time to Value OpenGov's implementation is typically measured in months, not years. The full OpenGov cloud can be deployed in a little as two to three months. OpenGov delivers modern cloud -based software that never requires an on -premise installation. Because OpenGov knows intimately the intricacies and unique quirks inherent in any government's CoA, we have a dedicated team of experts to help you implement the product and get the most out of your investment. • Innovation OpenGov is a multi -tenant Software -as -a -Service ("SaaS") solution, which complements existing ERP investments by enabling cutting -edge visualizations and analysis without needing to overhaul the underlying ERP system. And, because OpenGov's solution is cloud -based, customers automatically receive all updates and improvements to their products as they are released. Q OPENGOV About OpenGov Company Background OpenGov was founded in 2012 by Zac Bookman, Joe Lonsdale, and technologists from Stanford University, who studied government budgeting in the aftermath of the Great Recession. The team observed dedicated public servants struggle against outdated technology that prevented them from accessing timely spending information and communicating their priorities to citizens and elected officials. Believing there was a better way, the team set out to build cloud -based, easy -to -use government performance solutions to power more open, effective, and accountable government. OpenGov is the leader in cloud -based solutions for government. The OpenGov Cloud" is the only integrated cloud solution for budgeting, operational performance management, internal and external communications, and financial reporting. This multi -tenant Software -as -a -Service ("SaaS") solution connects agency stakeholders to the budget process, engages them for real-time feedback, accurately forecasts personnel costs, and integrates with key government systems, resulting in improved outcomes, enhanced internal efficiencies, and more time for strategic planning. OpenGov Inc. has over 200 employees and is headquartered in Redwood City, CA with other offices in Portland, OR; New York, NY; and Chicago, IL. Why OpenGov? • Over 2,200 governments are powered by OpenGov. • OpenGov's mission is to Power More Effective and Efficient Government. • OpenGov Employees have served in public sector positions for over 300 years, collectively. • OpenGov has analyzed over $10 Trillion in expenses and revenues through its online platform. • OpenGov's multi -tenant architecture provides maintenance -free updates so users can always leverage the most modern technology, including every new feature and product release, regardless of underlying IT infrastructure. • OpenGov is made in America. Our expert U.S.-based Product and Go -to- Market professionals envision, build, and deploy this market -leading solution, leveraging the best technology available. Relevant Awards OpenGov has received the following Global Technology Recognition: • Named to 2019 GovTech 100 List o OpenGov received the honor of placing on the 2019 GovTech 5 107 Q OPENGOV o 100 because of our unique ability to work with any government in the country, regardless of their current technology platform. OpenGov is the only public -sector software that can uniquely map to government's Chart of Accounts while also integrating with various non -financial data sources. • Gartner Recognition o Gartner has named OpenGov as one of three Cool Vendors for Government. The winners offer government CIOs cloud solutions to quickly acquire and deploy services for workforce collaboration and citizen engagement, open financial data, and case management. o OpenGov's Software -as -a -Service is delivered through Amazon Web Services ("AWS"), a Gartner Magic Quadrant Industry Leader. • World Economic Forum Technology Pioneer Award o OpenGov was selected from among hundreds of companies by a professional committee of 68 academics, entrepreneurs, venture capitalists, and corporate executives as a Technology Pioneer. o Past recipients include Google (2001), Mozilla (2007), Kickstarter (2011), and Dropbox (2011). Press Below are a few examples of how OpenGov has recently been featured in the news and online press: • "Mayor Mike Purzycki Launches New Online Government Information Portal" - FirstStateUpdate. com (August 2019). "OpenGov provides enormous benefits to our government and for the people of Wilmington," said Mayor Purzycki. "Our efforts to become a more efficient and accountable government will be assisted by citizens knowing more about the inner -workings of their government. OpenGov makes greater citizen involvement possible by making more information available about budgets, capital projects and ow spending is tied to strategic goals. Citizens should have the opportunity to develop more informed opinions about government policies, laws, programs and services. We have moved into a new age of information sharing in Wilmington and that's how it should be." • "New Online Tool Shows Measure T Spending In Murrieta" - Patch.com (July 2019). "These numbers tell a story about our community," Summers said. "They can show how we're changing, how we are addressing local needs, how we're listening to residents. They help us connect." • "CSU Launches Transparency Portal to Provide Additional Financial Access" - scvnews.com (May 2019). "The CSU is committed to ensuring that Californians know how resources entrusted to the university are managed," said CSU Executive Vice Chancellor and Chief Financial Officer Steve Relyea. "To that end, the university strives to be transparent in all its dealings with students, faculty, staff, alumni, the community and businesses. This new portal will provided 11 Q OPENGOV expanded access to financial information as well as additional context and detailed explanations." • "East Providence chooses The OpenGov Cloud" for budgeting, performance, communications, and reporting," - EostProvidence.com (April 2019). Mayor Robert L. DaSilva said, "To us, it was clear OpenGov was the most robust solution on the market. OpenGov's ability to provide budgeting, performance, reporting and transparency capabilities in an easy -to -use platform is second to none." Leadership OpenGov's advisors consist of leading experts from the technology, financial, and public service sectors, including John Chambers (Former CEO of Cisco Systems), George Shultz (Former U.S. Secretary of State, Treasury Secretary, and Director of OMB), Lawrence H. Summers (Former U.S. Treasury Secretary), and Byron Dorgan (Former U.S. Senator from North Dakota). BOARD OF DIRECTORS i JOE LONSDALE MARC AND REESSEN JOHN CHAMBERS KATHERINEAUGUST-DOWILDE ZAC BOOKMAN Co-Founder8 Chairman Bs ir^ Wn-.hp., Bunn: verl Ln Esrarc Nlz?mher Co -Founder & CEO BOARD OF ADVISORS BYRON DORGAN LAWRENCE GFORGE SRULTZ MICREL FEASTER PIERRE LAMOND AURUIN FENTY KAREN WHITE MAURY Cl�a -+ . , Bw J of SUMMERS IJ S Co-Fariri�er.11 Slll�pri U;,liq FO r Mayan of Ck id Exa tr n BLACKMAN Advism U.5 U.5 SBaelery Ul tht 5lak. Treas,rry. CEO W OSErmind Pe,— WaSNWV. C.0 001- of RMS P-1dent-d CEC 5P obi floor N.M TIE85lHy_ Cl—W, ni-A� r ur wo FamehRd. Sed,om M Premiss Oa[a Oakala NAtianal ECah IC K11" Courfa Q OPEHGOV The senior leadership team at OpenGov oversees both the development of OpenGov's products and the successful implementation and management of OpenGov's software for each customer. The team possesses an average of over 18 years of industry experience and will work closely with a dedicated Project Manager, Customer Success Manager, and Customer Success Administrator, who provide support on a day-to-day basis. OpenGov has successfully served over 2,200 governments. As described above, our leadership team consists of individuals with deep experience in the technology sector, in business, and most importantly in government finance. 109 The OpenGov Cloud- is the only integrated cloud solution for budgeting, performance, communications and reporting. This multi -tenant Software -as -a -Service ("SaaS") solution connects stakeholders to the budget process, engages them for real-time feedback, accurately forecasts personnel costs, and integrates with key government systems, resulting in improved outcomes, enhanced internal efficiencies, and more time for strategic planning. Budget Management Development Budget Book Publication Adopt Historical Reports Reporting Collabora,obli,,t4mn Budget Fund Balance Reports Workfo Budget vs. Actuals Budget Book Report Interactive Stories The Performance Q OPENGOV Workforce Strategic PlaCloud'm Outcome Reports Planning Open Tow Dashboards Online Engagement Key Transparency ate Engage Performance an Stakeholders Dashboards Data Integrations / Integrated Budgeting and Performance Leverage OpenGov's integrated online solution to aggregate and synchronize financial and non -financial data. Streamline and transform your budget process from the initial stages of strategic planning and personnel forecasting on through final publication while enabling collaboration throughout. Plan and manage your strategic initiatives by capturing priorities, tying budgets to initiatives, identifying key outcomes, and engaging stakeholders. Build Trust With Effective Communication Engaging with constituents and stakeholders is critical to every public agency's success. With OpenGov, leaders can analyze and communicate complex topics and decisions in a simple manner anyone can understand. Agencies are able to build trust with colleagues and residents by gathering input on key initiatives and aligning budget and the strategic plan to both performance objectives and public expectations. 110 E:? A Central Hub For Internal and External Stakeholders Bring your financial and non -financial data together in one place. Automatically connect your ERP, Excel, HRIS, public safety, 311, and other data sources to The OpenGov CloudT1, ensuring data integrity across the organization. Quickly create and publish content, easily incorporate feedback, and inform and improve your interaction with internal and external stakeholders to strengthen public trust and achieve your communications objectives. Streamline your budgeting process Save time and build a better budget by collaborating across departments with an integrated cloud -based solution complete with built-in, editable formulas. Communicate Clearly Create, publish and share content quickly and easily with dashboards, images, maps and more. Share via social media, email or your website Plan Effectively, Together Connect all stakeholders to your budgeting, performance, communications, and reporting processes. Broaden Public Participation Supplement public hearings with online surveys and virtual town halls. Gather feedback from residents by reducing the barriers of involvement. Tie your Budget to Performance Centrally track and analyze how budget dollars impact your organization's top priorities. Focus on Outcomes Establish goals for departments, programs, or initiatives, and track relevant KPIs to evaluate spending, performance, and progress. Act on Analysis Gain at -a -glance insights with dashboards, take action with customized alerts, or dive into the details for deeper analysis. Increase Accountability Publicly demonstrate progress on projects and strategic initiatives backed up by financial and performance data. 9 111 Budgeting and performance are intrinsically connected. Today's governments must optimize budgets to drive performance outcomes. With OpenGov, leaders can now streamline and transform their end -to -end budgeting process, seamlessly tie budget dollars to key organizational initiatives, and draw actionable insights that maximize performance outcomes. 0 Strategic Goal: Safer Streets -$70,05162 Integrated Budgeting and Performance Leverage OpenGov's integrated online solution to aggregate and synchronize financial and non -financial data. Streamline and transform your budget process from the initial stages of strategic planning and personnel forecasting on through final publication while enabling collaboration throughout. Plan and manage your strategic initiatives by capturing priorities, tying budgets to initiatives, identifying key outcomes, and engaging stakeholders. Act on Analysis Gain at -a -glance insights with dashboards, take action with customized alerts, or dive into the details for deeper analysis. Mirror and explore your organization's financial structure and chart of accounts. Add geographic context with integrated GIS reporting and maps. Tie your budget to performance Establish goals for departments, programs, or initiatives, then track relevant KPIs to keep stakeholders updated on spending, performance, and progress. Simplify budget book publication and workforce planning Establish a framework for building your budget book faster and more accurately, making the process repeatable and scalable for future cycles. Easily add new positions and their associated costs with pre- configured templates. 10 112 Bring it all together Synchronize your financial and non -financial data with an efficient, reliable, and automated solution for connecting your ERP, Excel, HRIS, public safety, 311, and other data sources to the OpenGov Cloud". Collaborate More Effectively Save time and build a better budget by collaborating across departments with an integrated cloud -based solution. Comment on proposals and engage with colleagues in logged online conversations that won't get lost in your inbox. Track performance collaboratively Hand efficiently across your entire government. Comment on key reports and engage with colleagues across multiple teams. Improve Decision -Making Visualize trends and model the Transform complex financial and impact of proposed budget changes, H performance data into actionable providing the needed context for insights and have the answers you budget decisions. need at your fingertips. Save Time Easily seed the budget by importing last year's actuals. Enable finance Quickly create dashboards that are staff and budget owners to adjust or printer -friendly by default for beautiful add proposal line items in real time > reports that streamline meetings and on their own with a simple and reduce cumbersome manual extracts. intuitive user interface. Use Cases • Budget Development • Multi -Year CIP Planning • Budget Book Publication • Workforce Planning • Budgetary Reporting • Budget Adjustments • Performance Dashboards • What -If Scenario Analysis • Strategic Initiative Tagging ✓ 50% less time to create your budget ✓ 1% typical re -allocation of total budget to higher priorities ✓ 80% less time spent on budget reporting 113 Build Trust Through Effective Communication Engaging with constituents and stakeholders is critical to every public agency's success. With OpenGov, leaders can analyze and communicate complex topics and decisions in a simple manner anyone can understand. Agencies are able to build trust with colleagues and residents by gathering input on key initiatives and aligning budget and the strategic plan to both performance objectives and public expectations. Focus on outcomes Establish goals for departments, programs, or initiatives, then track relevant KPIs to keep stakeholders updated on spending, performance, and progress. Communicate clearly Create and share content easily and quickly. Use a simple, drag -and -drop page builder to combine your - data with images, dashboards, maps, and narrative context. Present complex information in a way that's easy for anyone to understand. Share via email, social media, or through your agency's website. Capture feedback online, - at meetings or on -the -go 4„ Record feedback from residents, colleagues, and other stakeholders at any moment through online surveys, virtual town halls or mobile forms. Increase accountability Publicly demonstrate progress on projects and strategic .!�„ initiatives. Show results anyone can understand by uniting financial and performance data and adding valuable context. 12 114 City Manager's Dashboard ,e,� This dashboard has peen preparedfar U,eexeorom staff ardcommiHces.and shmrvs high leM infirmabon acrosstbe dty 0 .w.,e 1 Expenses —Budget Revenue bends O C,143 79 ° — — �� „a :asaa9am �n,ma A $18,346,340.92 �"® Annual Report � Capital adlay � calegary Zm9 70 Tanshrs0al $1i68:AflD0 = OR,er Charges f93R578B4 Services&Charges $2.6$6.57556 GPpal Rutlry $1>36.36232 impmmm._ $8,155,437.68 amer sa2srJv �r�".•.,a kr,rc„ e��ms� na>,.fieabz Rpiltling permits(Target M) Expenses by Expense Type Ta�a�>5 em 38 $15,542,235.55 %}ergs[ mef Pothole Repair SLA ®' TVRf eeimrl950 nays at ax 60 � Parks Attentlance Target ICI ��Ta,Set al.�lon�anaaPeaauwlepem�en'sc �.x zrc 1,319 Control the Message Transform complex financial and performance data into actionable insights and communicate them with your internal and external stakeholders. Present complex information that all parties can understand • Keep internal and external stakeholders updated on performance and aligned around high-level strategic goals. • Gain at -a -glance insights with dashboards, take • action with customized alerts, or dive into the details for deeper analysis. • Simplify performance reporting through printer -ready dashboards for beautiful reports that streamline meetings and reduce cumbersome manual extracts. Broaden citizen engagement Supplement public hearings with online surveys and virtual town halls that are easy and convenient. Gather broader feedback from residents by reducing the barriers of involvement. Inform capital project plans Take the guesswork out of big -ticket items while fulfilling public input requirements for grant applications. Reach out and gather feedback from your constituents to improve buy -in and achieve better results. Reduce intimidation and undue influence Civility monitoring and flexible registration options promote respectful interactions that encourage participation and help filter out distortion from the "usual suspects." 13 115 Achieve your communications objectives Bring your data together in one place, quickly create and publish content, and easily incorporate feedback. inform and improve your interaction with the community to strengthen public trust. Use Cases • Internal Reporting • Satisfaction Surveys • Capital Project Plans • Initiative Communication • Performance Dashboards • Citizen Ideas/Feedback Portal • Participatory Budgeting ✓ Share the data behind the news ✓ Better project planning ✓ Social media impact "OpenGov has changed this entire process, giving me back my life and opening up enough time for me to focus on other priorities for the city. Gone are the days of digging around in spreadsheets and enduring lengthy proposal submission cycles" Connie Maxwell, Budget Director, City of Burnet, TX A23 kqg�g 1~�rs�tcrsvill� City of Farmersville, T District of Columbia City of Fort Lauderdale, FL County of Nobles, MIN City of Rockport, Tx Town of Prov�ncetown, MA 14 116 Who We Are Mission -Driven Trusted Innovative Experts PDweringmDreeffertiveand Dvar2,200public agencies Easy-to-use,hest-in-class,and Over 300yearsofpuhlic accountablagwernment IeverageOpenGovtechnakrgy intuitivacIDud software sectarexperienceanStaff OpenGov Implementation is optimized for: Rol Know ledge €mpowerment Our cloud5aa5technology allows for quirk implementation an d free, co ntinuous s oftware u pdateswithout the need for IT i ntervention o r lengthy u pgrades in order to have the latest release. Our product is purpose- built forgovernments so you can enjoy a pre -configured platform engineered forth nuances ofgovernment right outofthebox. 0urteam delrversvalueduring deployment by s houldering m anualvr ork like data validation and excelspreadsheetsvrhilefacusing on teaching you hovrtomost efficiently use and maintain the platform. Th a Op en Gov d eplayment focuses on k nowledge transfer s o yo u and your team are trafinedtovrork effirientiywithinthe platfarm. Ou r j ab. ista em power you within theOpenG ov p latform to ovrn an d administer yo u r d eploymentw ithoutthe n eed iar IT o r additional resources. Why work with us? Your success as a customer is OpenGov's top priority. OpenGov customers receive a tailored deployment offering following standard methodology informed by implementing our software at more than 2,200 government entities. As a customer, you can leverage the knowledge of an OpenGov team comprised of former government finance directors, chief information officers, budget and performance analysts, and Software -as -a -Service (SaaS) professionals to arm you with insight, expertise, and industry -leading best practices enabling you to drive efficiency and outcomes for your organization. 15 117 Partner We p a rtner with yo u to understandyour unique needs and use cases to determine the optimal approach for implementing 0penGov. Deployment Methodology flepfay We have a standardized deployment approach informed by best practices. Own Wesupportyou inthe long-term with a Customer Success Manager and Technical Support Team. TransfarFin Ube he Ipyou leverage the efficiencies and collaborative nature of our product to evolve how your team works. Resources and Support As an OpenGov customer, you are supported by our Customer Success team from deployment through adoption and beyond. When you contact OpenGov, your first point of contact will be a real, live person. OpenGov provides best -in -class standard support resources such as telephone, email, and an online portal as well as additional support channels like webinars, user groups, a resource center, and a thriving community of tips and best practices provided by your peers. • Technical Support: Our team of highly trained support analysts are available to solve any issues you have with any part of your solution within the OpenGov Cloud. • OpenGov Community: OpenGov has a safe and secure online community for government professionals to connect with their peers, share their experiences, and learn best practices. • User Groups: Our subject matter experts host regular user groups online and in -person. Learn from the pros and your peers! • Resource Center: We provide you with articles and videos to enhance your learning and education of OpenGov. • Free Webinars: As a customer, you can look forward to engaging and informative webinars. Get a crash course in performance management or learn about the latest features of your OpenGov software. • Live Chat: Contact support seamlessly while using the product through our live chat feature staffed by the Customer Success team. ID 118 How to work with us These are some of the typical roles involved during deployment: • Project Manager: the primary point of contact for OpenGov during the implementation. • Finance/Budget Director: partners with OpenGov team to outline applicable budget processes. • IT Dept: provides the necessary data for OpenGov implementation. • Communications: partners with OpenGov to lay out best strategy for launching to stakeholders. • Subject Matter Experts: partners with OpenGov daily to execute the tasks and become a subject matter expert in OpenGov. "We view OpenGov as a strategic partner. They've taken the time to listen to what we wanted and built a true partnership with us. Their responsiveness and collaboration is impressive. " Maria Zuniga, Business Improvement & Performance Administrator, Bernalillo County, NM 17 119 "Many companies can do the tools and tech; however, it is rare to find a company like OpenGov who does so while staying in touch with its customers, truly listening to its customers' needs, and adding the appropriate staffing at all levels of management and function to improve both the product offerings and the customers' experiences." Lisa Desmarais, IT Director of Kenton County, KY "The communications between our staff was more like fellow co-workers instead of a Vendor and Client relationship. At all times [our consultant] was open and handled our requests with a great deal of professionalism and a 'Can Do' attitude. We were quite impressed with [our consultant's] understanding and experience with systems that we use." Srikanth Karra, CIO of Birmingham, AL "We view OpenGov as a strategic partner. They've taken the time to listen to what we wanted and built a true partnership with us. You don't see that at other software companies —especially bigger software companies like SAP where we never would get that interaction. Their responsiveness and collaboration is impressive." Maria Zuniga, Business Improvement & Performance Administrator, Bernalillo County, NM "In all my years working in public accounting and government work, I've never had a contract that I got more out of than what I was told I would get. Usually you get disappointed with contracts, but OpenGov way exceeded my expectations." Klarryse Murphy, CFO, County of Ravalli, MT "We have saved over 90% of our time preparing reports, with OpenGov we can show citizens how we are being fiscally responsible with their tax dollars." Kimberly Ruesch, Administrative Services Manager, Washington City, UT "I brought up our OpenGov site in a Council Meeting when discussing an increase in real estate taxes. Within seconds, I had a pie chart and we brought facts to the conversation. With that measure passed, we were able to add four firefighters, keeping our response times to a minimum." Brian Dehner, City Administrative Officer, Edgewood , KY "OpenGov has absolutely made us more proactive in looking at data and attacking the data, instead of saying, `It's too big."' Andrew McCreery, Finance Director, Mt. Lebanon, Pennsylvania "With OpenGov I think a huge part of the value proposition is integrating multiple data sets through one aggregation tool. It's really about helping us understand not only how the dollars are spent, but what sort of value is being delivered back to residents through IRV 120 the services that we provide ... it's one thing to see the financial information and analyze it; it's another to see that side -by -side with indicators to show how our service levels are changing over time. So that's really the power of OpenGov." Micah Intermill, Budget Director, Minneapolis, MN "I knew people were hungry for information and needed a one -stop shop for real-time disaster response and recovery details. I feel relieved that we were able to leverage OpenGov to communicate with our citizens so they were less scared in the midst of the emergency" Janelle Galbraith, PIO, Redding, CA "The core of what we're trying to do (with Open Data) is drive better outcomes out in the community and enable better decision -making at the executive level." Adam Dondro, Chief Information Officer, California Health and Human Services Agency "(Open Data) is flexible, it's scalable, it's interoperable, and that provides us with a platform to make our data the most useful as possible" Michael Valle, Manager, Tech. Policy & Planning, California Office of Statewide Health Planning and Development "Without data, decision -makers are pretty much blind to what's going on. With OpenGov, they can ask and answer questions right from their desktops without a team of analysts with them." Robert P. David, Director, OSHPD "When we transmitted the info to [our citizens] with OpenGov, it provided a better educated question that came back to me versus `what's your general fund balance?' or `what's your revenue and expenditures.' The questions became `why are you spending so much on this?' So it's given me a better sense of what the community's real issues were." George Rodericks, City Manager, Atherton, CA "Budgeting is easier than it's ever been for me. With Budget Builder, I don't have to recreate the wheel every single year." Judy Smith, Finance Director, Jackson County Water and Sewage Authority, GA "The number one benefit that we got and we saw immediately is this process of one budget, one government, one team ... The reason why [OpenGov] is a game changer is ... it establishes clarity. You can see a result, you can go back and you can make a change. I was able to get $2M back in our budget immediately." Janet Dutcher, Finance Director, Mono County, CA "The OpenGov team — they are amazing ... They did a fabulous job — within 18 hours —getting us setup with every single account code we could have possibly needed." Dianna Honeywell, Finance Director, Diamond Bar, CA 121 "The responsiveness was incredible. They always had an answer for us and were always open to recommendations and suggestions. I was just blown away by their level of professionalism and knowledge of the system." Dannette Allen, Management Analyst, Diamond Bar, CA 20 122 C ity of Tukwila Request for Propr sett, for Budgel Software Solution Exhibit A — Acceptance of Terms and Conditions of AFP ACCEPTANCE OF TERMS AND CONDITIONS It is the intent of the City to contract with a private Vendor_ All Vendor rapresantations, whether vernal, g raph ical or written, will be relied on by the City in the evaluation of the responses to this Request far Proposal_ This reliance on the Vendor's represented expertise is to be considered as incorporated into any, and all, formal Agreemants between the parties. Print the wards 'NO EXCEPTIONS" here NO EXCEPTIONS fihere are no exceptions taken to any of the terms, conditions, or specifications of these Fequest for proposal documents - if 8tefe are exaejtions to any of these tomm. our tiom, orspedkations oftww request for proposal documents, they must be ctearly stated in the table below ('RFP EXCEPTIONS") and returned with your proposal in the appropriate section_ If you provided a sample copy of your contract(s), you still need to identify 1n thls document, "RFP EXCEPTIONS', any and all exceptions you, have to the City's Terms and Condifio ns. Company Opan3ov. Iric. Authorized Individual Name and Title Paul H. Denton, CFO Telephone (850) 336.7167 Email balter o en ouaorn. Address 9M Charter Street, Redwood City. CA94063 AUTHORIZED SIGNATURE f DATE RFP EXCEPTIONS Add any additional line items for exceptions as necessary and reference any explanatory attachments within the line item to which it refers. REFERENCE SECTION REASON ALTERNATE APPROACH 3 21 Page 19 123 City of Tukw4a FRequ9st for Propp5819 fQr Budged Software Sohatipn Exhibit B — Non -Collusion Certific W NON -COLLUSION CERTIFICATE STATE OF COUNTY of C' The undersigned, being duly swam, deposes and says that the person, firm, assoclaflon, co -partnership or corporation herein named, has not, either diractly or indirectly, entered Inlo any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Tukwila forconsideration In the award of a oorltractan the improvement described as fallow&. OpenGov, Inc. (Nam of Furn) By: (AutgpFiE d signature) Title_ Chief Firtancial Officer SU_B_p RIBED AND SWORN TO before Me on this L± day of Notary Publio G� My commission expires; ` SEAL: 1ACH CARELIK QOMM. a2307231 Maly PtM19 - i�alilamla Sa ri Malea COWN Comm, C. 1 24 i Page 110 124 22 Please refer to the attached spreadsheet. 23 125 E)OPENGOV Statement of Work City of Tukwila, WA OpenGov Full Cloud Created By TJ Isselhard SOW Creation Date 01/21/20 Version: 3 126 24 1. Objective 1.1. Summary This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov") will perform for City of Tukwila, WA ("Customer") pursuant to the order for Professional Services agreed to by the parties ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). OpenGov will enable and support the Customer to deliver on the Scope of Work outlined below. The objective of this Statement of Work is to define the scope, activities, roles and responsibilities, and timeline necessary to successfully execute this deployment project. This project aims to implement the OpenGov Full Cloud for the Customer to enable effective and accountable governing. This SOW defines the scope and deliverables for a successful implementation of the OpenGov Cloud. 1.2. Solution Overview Customer currently uses Tyler Technology - Eden for its financial, human resources, payroll, and utility billing modules. Customer currently uses a combination of Excel and Word (Office 365) to draft the biennial budget and capital improvement plan. Customer also utilizes Synario for forecasting and modeling. Customer seeks a "commercial off the shelf', configurable, packaged solution(s) that meet its core requirements with minimal modifications. This SOW defines the scope and deliverables for a successful implementation of the OpenGov Full Cloud, a budgeting and performance tool that enables reporting, workforce planning, and transparency tools. OpenGov also defines in this SOW the creation of a Certent Budget Book as part of this implementation and defines the associated deliverables. 2. Scope 2.1. Project Scope The project scope includes the following services and deliverables. Any items not specifically included in scope will be considered out of scope. OpenGov will provide Professional Services to implement the OpenGov Full Cloud. The below Phases and their associated tasks are organized based on Customer's solution. Phases and tasks may start concurrently or prior to the previous Phase's tasks. Phase 1: Kickoff and Project Planning Phase • OpenGov to work with Customer to hold a Project Kickoff and create a Project Plan. 127 Phase 2: Chart of Accounts (CoA) • Customer will provide OpenGov with source data for CoA. • OpenGov will configure the CoA in OpenGov Platform for functional review • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 3: Budget and Performance • OpenGov will work with Customer to configure Management Reporting, Performance Measures, Budget Builder, Workforce Planning, and Financial Integration. • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 4: Transparency • OpenGov will work with Customer to configure Stories and Open Town Hall. • OpenGov will train Customer administrator on these functionalities and secure Customer sign off. Phase 5: Certent Budget Book • Upon further discussion with Customer, OpenGov will provide a Statement of Work specifically for delivery of the Certent Budget Book. Phase 6: Project Closure 2.2. Deliverables Functionality Chart of Accounts Management Reporting Deliverables • Review and feedback of Customer's source system chart of accounts • Chart of accounts functional build and review • Chart of accounts configuration and peer review • Administrator training • 4 Standard Reports (Annual, Budget to Actuals, Change in Fund Balance, and Transactions) • 1 department -specific budget to actual report • 1 custom report (stipulated by the Customer) • Standard saved views for each report • Up to 10 years of data • Administrator training • Creation of launch plan 128 • End user training/presentation (depts, council, etc.) • Review of best practices for launch • Launch Performance • Metrics Conceptualization sessions for 2 programs from 2 Measures - Design departments • Program Inventory document for 2 departments • Up to 6 non -financial reports • 1 department dashboard containing tiles for the 2 programs above • OpenGov recommends building the following tile types, 0 2 Financial 0 4 Output or Outcome 0 2 Efficiency (cost for doing something) • SFTP dataset integration of up to 3 .CSV datasets • Administrator Training • Creation of launch plan • Review of best practices for launch • • Launch Up to 2 story conceptualizing sessions Stories • Up to 2 Stories • Administrator training • External communication resource packet • Creation of launch plan • Review of best practices for launch • Publish the created stories Open Town Hall • Site setup and Forum theming • Development of 1 topic • List of recommended 5 topics • Administrator Training (f/k/a Product orientation, includes civility monitoring) • Self Service promotional resources (sample press release, tips & tricks) • Assistance with first topic launch Financial • Integration of budget and actuals, with transaction level Integration detail up to 10 years • Single system connector • Design, map, and validate data from the system. • Administrator training • Ongoing monitoring and alerts Budget Builder - Full • Builder Builder setup Cycle • Up to 2 budgets (i.e. Operating & capital) • Creation of up to 5 proposals per budget 27 129 • 2 Reports (Budget to Actuals & milestones) • Project continues to Adopted Budget • Administrator training • Up to 3 kick off trainings to departments • Creation of launch plan • Review of best practices for launch • Launch • Budget end user and Administrator assistance throughout Budget Development and Adoption Workforce Planning • Initial configuration based on Customer provided documentation and cost elements • 1 Workforce plan • Data formatting and loading • Validate calculations • 1 authorized position list report • 1 total compensation detail report • Administrator training • Administrator guide Total Prepaid Hours 327 hours 2.2. a. Budget Book • Certent Budget Book will include a separate Statement of Work. If chosen for further discussions with Customer, OpenGov will scope and provide the Statement of Work for this delivery which will be owned by the Certent professional services team. OpenGov's estimate for pricing for Services is on the Exhibit C spreadsheet that comes with our response but will need to be scoped. 2.3. Assumptions and Exclusions • The concept of Prepaid Hours means that the Customer is purchasing a package with a set number of Professional Service hours to achieve the outlined deliverables. The hours are based on OpenGov's best estimate given reasonable assumptions outlined in section 4.2, Project Responsibilities. These hours should be adequate to achieve the deliverables, however if they are not, the Customer will need to purchase additional hours. • Hours estimated above are for deployment of outlined deliverables. Any leftover hours may be utilized for additional professional services activities dictated by the Customer. • For the Financial Integration, o The data will be linked to the Customer's chart of accounts. 130 o OpenGov will perform the validation for data accuracy for the Integration, working jointly with the Customer team to approve the Financial Integration data. o OpenGov will require assistance from the Customer to understand source system specific customizations and configurations when building the data extract. o If the integration is with Central Square, the Customer is responsible for getting data from Central Square system. • If there is an FTP integration of 3 .CSV datasets, O The data will NOT be linked to the Customer's chart of accounts. o The Customer will perform the validation for data accuracy for the Integration. o Customer will perform the data extraction from the source system and automate it to be dropped in OpenGov FTP location. 3. Schedule OpenGov will schedule resources for this project upon signature of the Order Form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the "OpenGov Project Manager") will work with Customer to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and the deliverables provided by Customer. Example Timeline Functionalities Phase 1: Kickoff Phase 2: CoA Phase 3: Budget and Performance M1 W1 W2 W3 7 M4 M2 M3 W4 W5 W6 W7 N8 W9 W10 W11 W12 M5 we ■ Functionalities W13 W14 W15 W16 W17 W18 W19 W20 W21 W22 W23 W24 Phase 3: Budget and Performance cont'd Phase 4: Transparency Phase 5: Budget Book Standard I 131 *subject to change based on customer priorities and preferences, and OpenGov resources 4. Project Organization 4.1. Project Team OpenGov OpenGov will assign a Project Manager (the "OpenGov Project Manager") upon execution of the SOW. The OpenGov Project Manager will coordinate any additional resources needed from OpenGov. Customer Customer will assign a project manager (the "Customer Project Manager") and technical resource prior to project kick-off. The Customer Project Manager will be the primary contact person at Customer and will coordinate all Customer resources needed to complete the project. It is anticipated that the areas of need will be in Finance, Data Gathering, and the IT department. 4.2. Project Responsibilities The project responsibilities for each organization are outlined below: OpenGov 1. Manage delivery of in -scope items in coordination with Customer. 2. Make available deliverables to Customer project team for review and verification. 3. Provide relevant technical details and documentation for data requirements for Customer's environment. 4. Keep Customer Project Manager informed of project progress and communicate any issues relating to the project in a timely manner. 5. Establish documentation and procedural standards for the project. 6. Review and administer project change control, as described in Section 5, Change Control Procedures. 7. Ensure that all meetings and training sessions are attended by OpenGov personnel, as scheduled. 8. Budget Builder files are exported as .xlsx. OpenGov may assist in formatting that file, but cannot convert files to any other file types Customer 1. Make available a representative to serve as the primary contact for OpenGov Project Manager to coordinate project activities. 2. Make available appropriate representatives with the authority to review and approve deliverables produced during the project. 30 132 3. Make available appropriate Subject Matter Experts (SME) to support the project needs, test integrations and provide Customer environment specific technical details. 4. Setup firewall rules to allow incoming requests from OpenGov's proxy over HTTP/HTTPS to Customer systems. 5. Communicate any issues relating to the project to OpenGov Project Manager in a timely manner. 6. Provide acceptance of deliverables and Project in a timely manner. 7. If Integration services are purchased, Customer will be responsible for making any configuration changes or modifications to Financial System (ERP) to support integration and make available access for integration to OpenGov software. The Customer will be responsible for ensuring that the versions of Financial System (ERP) running on all environments remain the same across all environments. 8. Customer will be responsible for any infrastructure required to access OpenGov, and will maintain relevant non-OpenGov software licenses and infrastructure needed for this project i.e. accounting system licenses. Please note, OpenGov software is optimized for Google Chrome. 9. The Customer will be responsible for ensuring that all meetings and training sessions are attended by personnel, as scheduled. 5. Change Control Procedures No amendments, changes or other modifications to this SOW will be effective without a written project change order, in the form attached hereto as Appendix 2 (a "Project Change Order"). The Project Change Order will describe the change, the rationale for the change, and specify any change in the charges, estimated schedule, or other terms. The terms of a mutually agreed upon Project Change Order will prevail over those of this SOW or any previous Project Change Orders. Such Project Change Order may require additional charges, which will be set forth in the Project Change Order. 6. Fees and Expenses 6.1. Fees and Payment Terms All fees and expenses will be paid in accordance with the Order Form to which this SOW is attached. For any Project Change Orders or for any new Professional Services, fees will be mutually agreed upon provided that any hourly fees shall be based on OpenGov's then -current, applicable hourly rate. 6.2. Travel Expenses All rates and fees are exclusive of work -related travel, living and other expenses. Customer will be billed for actual expenses as incurred. All Travel and Lodging expenses will be approved in advance in writing by the Customer Project Manager prior to OpenGov incurring any such expenses and booking 31 133 non-refundable travel expenses. Such expenses shall be in compliance with Customer's travel and expense guidelines provided to OpenGov. Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $5,000 for the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it will be mutually agreed upon and be billed as incurred. 32 134 1. Appendix 1 Implementation Methodology OpenGov uses an iterative methodology, with a focus on rapid implementation of a configured system. This methodology requires a degree of focus from the Customer and collaboration between both parties to complete work products in a timely manner. Analyze and Gcnflgufe IND& y Design 1. Analyze and Design a. Key Activities: Discovery, Design Sessions, Solution Document Review b. Key Work Products: Data Inventory, Functional Model Build, Process Flow Documents, Solution Document c. Summary: Analyze and Design Phase is the first step of the implementation project. The purpose of this phase is to define the success criteria of the project, make design decisions based on the functional model build, and begin gathering data that needs to be loaded into the OpenGov platform. At the end of the Phase, a Process Flow and Solution Document will be created that outlines how the solutions will be implemented. 2. Configure Phase a. Key Activities: Application and Solution Configuration, Data Load b. Key Work Products: Solution Configuration, Peer Review c. Summary: The Configure Phase consists of application configuration, and solution configuration as defined in the Solution Document. OpenGov will also load the data gathered in the Analyze and Design Phase. The Phase ends with a Peer Review done by an OpenGov Subject Matter Expert to confirm that the solution follows OpenGov best practices. 3. Validate Phase a. Key Activities: User Acceptance Testing, Data Confirmation b. Key Work Products: Data Validation, Customer Review c. Summary: The Validate Phase starts with a review of the entire solution with the Customer project team to confirm that all project elements have been implemented. Once that process has been completed, the Customer will validate that data is being represented accurately in the solution. If any issues are found, OpenGov team will assess the issue and resolve as needed. The Phase ends with the Acceptance of by the Customer. 33 135 4. Deploy Phase a. Key Activities: Administrator Training b. Key Work Products: Project Documentation c. Summary: The purpose of the Deploy phase is to complete the Administrator Training process and prep for Go Live of the solution. All project documentation will be provided at this point to the Customer OpenGov Administrator documenting the solution configuration and any specific process flows or user guides. At this point, the solution will be configured and ready to Go Live to end users. 5. Own and Enable Phase a. Key Activities: Go Live, User Training, Transition to Customer Success Manager and Technical Support b. Key Work Products: Project Acceptance, Transition c. Summary: The purpose of the Own and Enable phase is to complete the User Training process, Go Live with the solution, and begin Transition activities to close the project. Post Go Live Support is technical assistance with the project team and issue resolution for the solution during the two week period after Go Live. Once this period has passed, the Project team will begin working on transition activities to the Customer, the CSM, and the Customer Technical Support Function. The Project closes upon the acceptance of the project and a brief survey to provide feedback about the experience. 34 136 2. Appendix 2 Project Change Order Customer: Project: Date Requested: Requested by: Reason for Change Scope of Change Project Impact (Schedule and Cost) Approvals OpenGov Customer Signature: Signature: Name: Name: Title: Title: Date: Date: 35 137 This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 955 Charter Street, Redwood City, California 94063 ("OpenGov") and the customer listed on the signature block below ("Customer"), as of the date of last signature below (the "Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services. 1. DEFINITIONS "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data shall not include any confidential personally identifiable information. "Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com. "Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. "Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date. "Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. "Order Form" means OpenGov's Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. "Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2. 2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer ("Software Services"). 2.2 Support. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. 0 138 2.3 Professional Services. (a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work ("SOW") agreed to by the parties (the "Professional Services"). For Professional Services performed on a time and materials basis, any pre -paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre -paid Professional Services Fees shall be forfeited. (b) Unless the SOW provides otherwise, all reasonable travel expenses, pre -approved by Customer and incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (fl use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services. 37 139 4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. CONFIDENTIALITY 5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2 "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation. 5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the 38 140 receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information. 6. PAYMENT OF FEES 6.1 Fees: Invoicing: Payment: Expenses. (a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as "Fees". (b) Inflation Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 4% each year of the Renewal Term. (c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for pre -approved travel expenses incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 6.2 Credit Card Customers. If applicable, Customer will provide OpenGov with valid credit card information and promptly notify OpenGov of any changes necessary to charge the credit card at billing@opengov.com. Please update your credit card information when necessary. The provision of credit card information to OpenGov authorizes OpenGov to charge the credit card for all applicable Fees plus a 3% credit card processing fee. OpenGov processes credit card payments through a secure third party processing partner and does not take receipt of credit card information itself. 6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 141 7. TERM & TERMINATION 7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial Term"). 7.2 Renewal. Unless either party terminates this Agreement in writing no less than thirty (30) days before the end of the Initial Term, this Agreement shall renew for another period of the same duration as the Initial Term (the "Renewal Term" and together with the Initial Term, the "Term"). 7.3 Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non -breaching party may terminate this Agreement. 7.4 Effect of Termination. (a) In General. Upon termination or expiration of this Agreement: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. If Customer requests deletion of its Customer Data in writing prior to the date of termination or expiration of this Agreement, then OpenGov will permanently and irrevocably delete Customer Data, excluding any Insights, stored by its cloud hosting provider within ten (10) days of the date of termination or expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice described at Section 10. 7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER 8.1 By OpenGov. (a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies. .N 142 (b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre -paid, unused portion of the Fee for such Software Services. 8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. 9. LIMITATION OF LIABILITY 9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5 143 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property. 9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov. 10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices required by the Agreement (in Sections where the word "notice" appears) the parties must communicate more formally in a writing given by personal delivery, by pre -paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer. 10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement. 42 144 10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party's permitted assigns and successors. 10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. 10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein. 10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Signatures Customer: Signature: Name: Title: Date: OpenGov, Inc. Signature: Name: Title: Date: 43 145 SUPPORT AND SOFTWARE SERVICE LEVELS This Support and Software Services Levels Exhibit ("Support Exhibit") is to OpenGov's Software Services Agreement (the "Agreement"). Capitalized terms not defined herein have the meaning indicated in the Agreement and its associated Order Form(s). I. DESIGNATED SUPPORT CONTACTS, OPENGOV COMMUNITY & CUSTOMIZATIONS: A. "Designated Contacts" are Customer identified users acting as primary liaisons between the Customer and OpenGov for technical support for the Software Services. Customer shall identify and appoint no more than the number of Designated Contacts as described in the subscribed Support Plan. Customer may be charged an additional fee for Designated Contacts in excess of the subscribed number. Customer shall notify OpenGov whenever Designated Contact responsibilities are transferred to another individual. Tickets submitted by someone other than a Designated Contact will be automatically closed and will not be acted upon. Customer's Designated Contacts shall be responsible for: • submitting support tickets on behalf of the Customer • serving as the primary points of contact for communications with OpenGov • overseeing Customer's support case activity • developing and deploying troubleshooting processes within Customer's organization • resolving password reset, username and lockout issues for Customer • providing technical staff to assist with non -Software Services issues such as network issues B. Customer must opt -into OpenGov's support portal ("Support Portal") (i) to receive certain important information about updates and other changes to the Software Services and (ii) to take other required actions relating to support and use of the Software Services. C. The commitments under this Support Exhibit do not apply to customizations, enhancements or other non-standard modifications to the Software Services requested or made by Customer. II. SUPPORT FOR OPENGOV SOFTWARE SERVICES: A. SUPPORT PLANS OpenGov offers three types of technical support plans for all support issues relating to the OpenGov Software Services in accordance with Table 1: 146 EVE TABLE 1 STANDARD GOLD PLATINUM "Business Hours" Sam to 6pm Pacific Sam to 6pm Local Sam to 6pm Local Time Time Time Number of Designated Three (3) Six (6) Unlimited Contacts ISSUE SEVERITY INITIAL RESPONSE COMMITMENT*** LEVEL** Type of Service Level Service Level Service Level Commitment Targets Agreements Agreements One (1) Calendar One (1) Calendar One (1) Calendar Urgent Hour Hour Hour Four (4) Business Two (2) Business One (1) Calendar High Hours Hours Hour One (1) Business Four (4) Business Two (2) Business Normal Day Hours Hours Two (2) Business One (1) Business One (1) Business Low Days Days Day ** The Issue Severity Levels are defined in Section II-A-1 below. *** OpenGov will use commercially reasonable efforts to respond (via OpenGov's Normal Support Channels) to each support issue reported by the Customer within the applicable response time described in the table above, depending on the applicable severity level. "Business Days" are Monday -Friday, excluding holidays. 1. Issue Severity Level Definitions Severity Level Urgent: Customer experiences complete loss of use of the Software Services, meeting the definition of "Unavailable" in Section II-B-1 below and no procedural workaround exists, thereby blocking a Customer's business operations. Severity Level High: Customer experiences a severe defect or configuration issue with the use of the Software Services and no procedural workaround exists, thereby causing a high impact to Customer's business operations (excluding Software Service failures that qualify as Severity Level Urgent). Severity Level Normal: Customer experiences a problem where the use of the Software Services are partially reduced, thereby causing a low -to -medium impact to Customer's 45 147 business operations. A procedural workaround exists (excluding Software Service issues that qualify as Severity Level 1 or High). Severity Level Low: Routine Software Service support requests relating to issues where the use of the Software Service is negligibly reduced thereby causing a no -to -low impact to a Customer's business operations (excluding Software Service issues that qualify as Severity Level Urgent, High or Normal). 2. Assignment of Severity Levels: OpenGov will determine the Severity Level assigned to each support issue in its reasonable discretion, but taking into consideration the Severity Level input by Customer. B. SERVICE LEVELS 1. Uptime Commitment The Quarterly Uptime Percentage for the Software Service will be ninety-nine and nine -tenths percent (99.9%) (the "Uptime Commitment"). Subject to the exclusions described in Subsection II-B-2 below, "Quarterly Uptime Percentage" is calculated by subtracting from 100% the percentage of 1-minute periods during any quarterly billing cycle (i.e., 3 calendar months) in which the Software Services (are) Unavailable out of the total number of minutes in that quarterly billing cycle. "Unavailable" and "Unavailability" mean that, in any 1-minute period, all connection requests received by the Software Services failed to process (each a "Failed Connection"); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (e.g. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Quarterly Uptime Percentage will be measured based on the industry standard monitoring tools OpenGov uses. 2. Exclusions from Quarterly Uptime Percentage Notwithstanding anything to the contrary in this exhibit, any Software Service Unavailability issues resulting from any of the following will be excluded from calculation of Quarterly Uptime Percentage: 2.1 Regularly scheduled maintenance of the Software Service that is communicated by OpenGov at least twenty-four (24) hours in advance via the Support Portal. (OpenGov typically schedules such regularly scheduled maintenance twice per month); 2.2 any issues with a third -party service to which Customer subscribes; 2.3 any problems not caused by OpenGov that result from (a) computing or networking hardware, (b) other equipment or software under Customer's control, (c) the Internet, or (d) other issues with electronic communications; 2.4 OpenGov's suspension or termination of the Software Service in accordance with the Agreement and/or its associated Order Form; 2.5 the Software Service is experiencing an unforeseeable amount of user requests from Customer; 2.6 software that has been subject to unauthorized modification by Customer; 2.7 negligent or intentional misuse of the Software Service by Customer; or um 2.8 "Beta" or "limited availability" products, features and functions identified as such by OpenGov. Customer may elect to use certain billable OpenGov Professional Software Services to resolve issues associated with the excluded areas listed in this Subsection II-B-2. Such Professional Software Services may require Customer to complete a network assessment, and/or give OpenGov access to Customer's network, in order to diagnose the issue. 3. Process Customer shall notify OpenGov of any Unavailability via the Support Portal. Customer shall provide such notification within thirty (30) days of the Unavailability event. 47 149 150 COUNCIL AGENDA SYNOPSIS ---------------------------------- Initial., iWeeligg Date Neared b Ma yor - revieu) Council review 02/24/20 LK 03/02/20 LK ITEM INFORMATION ITEM NO. 5.D. S'FAFF SPONSOR: LINTON/KINLOW ORIGINm,AGENDA DATE: 2/24/20 AGENDA I"I-E:\-I TrrLr Request for 2 FTE Police Support Officers (Transport Officers) CATEGORY ® Discussion Mtg Date 02/24/20 ® Motion Mtg Date 3/2/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Altg Date ❑ Puhlie.Heanng Altg Date ❑ Other Altg Date SPONSOR ❑Council ❑Mayor ❑.HR ❑DCD ❑.Finance ❑Fire ❑TS —PAR ®Police ❑P1I/ ®Court SPONSOR'S In response to a November 2018 Washington State Appeals Court ruling, the Court is SUMMARY requesting, on behalf of the Police Department, funding for 2 FTE Police Support Officers. This request will support the court's compliance with the ruling. RI vJEWEID BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/10/20 COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Police/ Municipal Court COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDFI•URI? REOUIRf.D AMOUNT BUDGETED APPROPRIATION REQUIRED $188,000 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 Forward to next Regular Meeting 03/02/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 02/05/2020 Attachment (Court of Appeals Published Opinion No. 51177-1-If Minutes from the 2/10 Community Services & Safety Committee meeting 03/02/20 No attachments 151 152 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety FROM: LaTricia Kinlow, Court Administrator Bruce Linton, Police Chief BY: LaTricia Kinlow CC: Mayor Ekberg DATE: February 5, 2020 SUBJECT: Request for 2 FTE Police Department Support Officers ISSUE This is a request to support and fund the Police Department with additional Support Officers in order to safely and securely support Tukwila Municipal Court's compliance with the Washington State Court of Appeals Division 11 ruling regarding the shackling of inmates in the courtroom. BACKGROUND In the past, defendants who were in custody appeared before a judge while in physical restraints (except for jury trials). On August 20, 2019 the Washington State Court of Appeals Division II ruled that the trial court violated the constitutional rights of a defendant by failing to conduct an individual inquiry into the need for pretrial and trial restraints. The ruling also states that a person has the right to appear "before the court with the appearance, dignity, and self- respect of a free and innocent man." State v. Finch, 137 Wn.2d 792, 844,975 P32d 967 (1999). The Court concluded "restraints should only be used when necessary to prevent courtroom injuries, disorderly conduct or escapes." This means all in -custody defendants shall be restrained when they appear for court regardless of the type of hearing. Complying with this ruling has been challenging for the Tukwila Court due to the unsecure layout of our current facility and the fact that there is only one Police Support Officer. After experiencing several escape attempts, the presiding judge made the decision to maintain our current policy which is to keep in -custody defendants restrained when appearing for court non - jury hearings. While the new Justice Center will provide a more secure way to transport those in custody, the Court's compliance with the ruling is still impossible without adequate police staffing in order to maintain the custody of the defendants when appearing for court. It is important to understand that a person must remain in the custody of the proper authorities when they appear for their hearings. In Tukwila, the temporary custody and security of detained defendants is the responsibility of the Police Department. The new facility has a temporary holding cell to secure those detainees who are appearing for court or being taken into custody by order of the court. Even though this is a temporary holding cell, the National PREA standards apply and must be adhered to by the police. These standards were created to ensure the safety and protection of those who are in custody. In order to comply with the standards the department must be sufficiently staffed to ensure that one officer can monitor the persons in the temporary holding cell while a second officer escorts the unrestrained defendant into the courtroom. 153 INFORMATIONAL MEMO Page 2 DISCUSSION Members of the Court Team shared this ruling with those in attendance during the early planning sessions for the Justice Center. Planning session attendees, including Court, PD, City Administration, and representatives from DLR, quickly identified that to meet the parameters of the ruling additional FTE's would be needed. Additionally, Court Administrator LaTricia Kinlow recently met with Police Chief Bruce Linton to discuss the impacts of the ruling, and the two agreed that to meet the needs of the ruling police staffing would need to be increased by adding two Police Support Officers. FINANCIAL IMPACT Per the Finance Department the salary and benefits package for two full-time Police Support Officers is approximately $188,000. RECOMMENDATION To ensure the Court is in compliance with the ruling by the Washington State Court of Appeals Division II, and the Police Department adheres with the PREA standards, the City Council is being asked to approve the necessary funding that will allow the Police Department to hire two additional full-time Police Support Officers. ATTACHMENTS Washington State Court of Appeals Division II Published Opinion No. 51177-1-II 154 https://tukwilawa-my.sharepoint.com/personal/tdsh_kinlow_tukwilawa—gov/Documents/Informational Memorandum - PD Support Officer.docx Filed Washington State Court of Appeals Division Two August 20, 2019 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, Respondent, V. JOHN W. JACKSON, SR., Appellant. No. 51177-1-II PUBLISHED OPINION SUTTON, J. — John W. Jackson, Sr. appeals his conviction and sentence for second degree assault by strangulation. Jackson argues that the trial court violated his constitutional right to due process when it used restraints on him during pretrial hearings and jury trial without conducting an individualized inquiry into the need for the restraints. He also argues that the trial court erred by imposing legal financial obligations (LFOs) despite his indigency. We agree that the trial court violated his constitutional right to due process by failing to conduct an individual inquiry into the need for pretrial and trial restraints, but we hold that the errors were harmless. Accordingly, we affirm his conviction and remand to the trial court for reconsideration of the imposition of LFOs. Black. FACTS The State charged Jackson with second degree assault for strangling his fiancee, Darci At his first pretrial appearance, Jackson appeared before the court in a belly chain and shackles. Jackson's defense attorney objected to the restraints and moved to have them removed. 155 No. 51177-1-II The trial court reserved ruling until it received a response and it set a hearing at a later date. The trial court set bail at $35,000 based on "the nature of the charges, the criminal history, [and] the fact that there's been at least four or five warrants over the years." Verbatim Report of Proceedings (RP) at 14. At an arraignment hearing a few days later, the trial court declined to lower bail because the court was concerned about whether Jackson would return, about the nature of the allegations, and about community safety. The trial court again declined to reduce bail at a later status hearing. The trial court subsequently held a hearing on Jackson's objection to restraints and motion for their removal. The hearing consolidated multiple defendants' motions regarding being shackled in their cases. The trial court said it would issue a decision that applied to the entirety of the Clallam County Superior Court. Six weeks later, the trial court issued a memorandum opinion "address[ing] all restraint/shackling motions currently before the court and reflect[ing] the unified position of the Clallam County Superior Court on this issue." Clerk's Papers (CP) at 64. The ruling acknowledged that "less restrictive means of furthering the compelling government interest of courtroom security" existed, which would "eliminate potential problems associated with defendants being so humiliated and distracted by their restraints that it interferes with their ability to communicate with their lawyers and would address concerns associated with the routine use of restraints affronting the dignified and decorous judicial process." CP at 65-66. The trial court envisioned implementing video conferencing as a less restrictive option, but it noted that the superior court would be unable to implement a video conferencing policy for several months. 2 156 No. 51177-1-II The trial court concluded that until the video conferencing policy could be implemented, the court would proceed under its previous ruling, which adopted the Clallam County Corrections Facility's shackling policy for all pretrial hearings. The previous policy considered general "security concerns associated with transporting varying numbers of in -custody defendants from secure facilities to less -secure courtrooms" and noted that Clallam County "is routinely limited by budget issues and staff shortages." See Motion to Supp. Record on Appeal at 12 (May 1, 2018). Under the policy, all criminal defendants would appear at pretrial proceedings in shackles, and the trial court would not consider motions for removal of the restraints during pretrial proceedings. When the case proceeded to jury trial, Jackson was fitted with a leg brace, which he wore under his clothes. The brace would lock into position when he straightened his leg. Defense counsel objected to the brace, noting that the trial court had not made any rulings about the use of this restraint during trial. The trial court responded: At this juncture, I don't think there's anything inappropriate in having that limited security measure employed. To the extent that your client wishes to testify, we'll make sure that he gets into the witness box without the jury being present and seeing him perhaps have some difficulty walking. But, at this juncture, I think that it is appropriate to have some limited security and 1 think that the brace that is employed is certainly appropriate. RP at 75. Black testified at trial. She said that Jackson drove her to a doctor's appointment. On their way home from the appointment, Jackson drove onto an industrial road and he and Black began having sexual intercourse. Jackson became upset, accused Black of cheating on him, and ripped Black's engagement ring off of her finger. Jackson pushed Black and started to strangle her, saying, "[D]ie, why don't you Ping die." RP at 317. Jackson let go and then strangled Black a 3 157 No. 51177-1-I1 second and third time. Finally, Jackson released Black and starting crying and apologizing for almost killing her. Later that afternoon, Black told her sister that Jackson had tried to kill her and her sister called the police. The trial court admitted a series of text messages between Black and Jackson from the day of the incident. The messages were obtained from both Black's and Jackson's phones because Black had deleted several messages.I Dr. John Shima, an emergency room physician who evaluated Black the evening of the incident, also testified at trial. Dr. Shima observed that there were mild abrasions and bruises around Black's neck consistent with a strangulation event. Jackson testified in his defense. To avoid the jury seeing Jackson struggle to walk with his leg restraint to the witness stand, the trial court instructed Jackson to enter the stand before the jury entered the courtroom. Jackson asked the trial court if he needed to stand when the jury came in. The trial court asked if it was difficult for Jackson to stand with the restraint. Jackson's defense counsel responded, "I mean, he's been doing it, but the brace will be basically on the leg next to them, when he's sitting up there, it's on his left leg." RP at 448. The court continued, "I'll give you the oath seated, so just have a seat. Actually, if you're standing when they come in, is it problematic sitting down, I mean, is it observable?" RP at 448. Jackson responded, "They can actually see it.... Yeah, it's gonna be noticeable for them." RP at 448. The trial court instructed him to remain seated. RP at 448. 1 The messages from Jackson's phone were not obtained until the beginning of trial because the phone had remained with Jackson's brother in a different town while Jackson was incarcerated leading up to the trial. The day trial began, Jackson's uncle transported the phone to the court. 0 158 No. 51177-1-II Jackson testified as follows. The day before Black's doctor's appointment, Black and Jackson had sexual intercourse in a car. After Black's doctor's appointment the next day, Jackson drove her back to her parents' house. On the way to Black's parents' house, Black became irritable, and Jackson suggested she get her medication that helps with her anger. Once at Black's parents' house, Black went inside. When Black returned to the car, she started yelling at Jackson and accused him of cheating on her. After arguing for an hour, Jackson indicated that he was going to leave, at which point Black started punching him. Jackson ultimately got out of the car and started walking away. Black chased after him, yelling at him, and demanding he tell her who he was sleeping with. Eventually Black's sister yelled at Black to "just let him go Darc, just let him go." RP at 458. The jury found Jackson guilty of second degree assault. The trial court sentenced Jackson to 20 months confinement and imposed various LFOs. Jackson appeals his conviction and sentence. ANALYSIS I. PRETRIAL & TRIAL RESTRAINT Jackson argues that the trial court violated his constitutional right to due process when it adopted the jail's blanket policy of shackling criminal defendants during pretrial proceedings, and by requiring him to wear a leg restraint during the jury trial without conducting an individual inquiry into the need to restrain him. We hold that the trial court violated Jackson's constitutional right to due process by failing to perform an individualized inquiry into the need to restrain him at the pretrial proceedings and at trial, but we further hold that these errors were harmless. 5 159 No. 51177-1-II A. LEGAL PRINCIPLES We review constitutional claims de novo. State v. Lundstrom, 6 Wn. App. 2d 388, 393, 429, P.3d 1116 (2018), review denied, 193 Wn.2d 1007 (2019). A criminal defendant has a right to appear before the court "with the appearance, dignity, and self-respect of a free and innocent man." State v. Finch, 137 Wn.2d 792, 844, 975 P.2d 967 (1999); U.S. CONST. amends. VI, XIV. The Washington Constitution provides, "In criminal prosecutions the accused shall have the right to appear and defend in person." Wash. Const. art. I, § 22. Washington courts have long held that the right to appear and defend in person extends to "the use of not only his mental but his physical faculties unfettered, and unless some impelling necessity demands the restraint of a prisoner, to secure the safety of others and his own custody, the binding of the prisoner in irons is a plain violation of the constitutional guaranty." State v. Williams, 18 Wash. 47, 51, 50 P. 580 (1897). This includes the right "to be brought into the presence of the court free from restraints." State v. Damon, 144 Wn.2d 686, 690, 25 P.3d 418 (2001). "[R]egardless of the nature of the court proceeding or whether a jury is present, it is particularly within the province of the trial court to determine whether and in what manner shackles or other restraints should be used." State v. Walker, 185 Wn. App. 790, 797, 344 P.3d 227 (2015). Restraints are disfavored because they may interfere with important constitutional rights, "including the presumption of innocence, privilege of testifying [on] one's own behalf, and right to consult with counsel during trial." State v. Hartzog, 96 Wn.2d 383, 398, 635 P.2d 694 (1981). However, a defendant's right to be in court free from restraints may yield to courtroom safety, security, and decorum. Walker, 185 Wn. App. at 800. "A defendant may be restrained if necessary to prevent injury, disorderly conduct, or escape." Lundstrom, 6 Wn. App. 2d at 394. 160 No. 51177-1-II The superior court has the discretion to provide for courtroom security to ensure the safety of court officers, parties, and the public. Lundstrom, 6 Wn. App. 2d at 394. In order to balance the interest in courtroom security and defendants' constitutional right to due process, the superior court must determine the extent to which courtroom security measures are necessary based upon facts set forth in the record. Lundstrom, 6 Wn. App. 2d at 394. "The trial court should allow restraints only after conducting a hearing and entering findings on the record sufficient to justify their use on a particular defendant." Lundstrom, 6 Wn. App. 2d at 394. The trial court must perform an individualized inquiry into the necessity for pretrial and trial restraints. Lundstrom, 6 Wn. App. 2d at 395. The Supreme Court has identified several factors that the trial court should consider when deciding whether a defendant should be restrained during trial: "[T]he seriousness of the present charge against the defendant; defendant's temperament and character; his age and physical attributes; his past record; past escapes or attempted escapes, and evidence of a present plan to escape; threats to harm others or cause a disturbance; self-destructive tendencies; the risk of mob violence or of attempted revenge by others; the possibility of rescue by other offenders still at large; the size and mood of the audience; the nature and physical security of the courtroom; and the adequacy and availability of alternative remedies." State v. Hutchinson, 135 Wn.2d 863, 887-88, 959 P.2d 1061 (1998) (quoting Hartzog, 96 Wn.2d at 400). A trial court commits constitutional error when it fails to exercise its discretion. See State v. Clark, 143 Wn.2d 731, 775, 24 P.3d 1006 (2001) ("[W]here no balancing or analysis as to the need to restrain [the defendant] was done, his shackling was constitutional error."). Deferring to general jail policy is an abuse of discretion and constitutional error. Lundstrom, 6 Wn. App. 2d at 7 161 No. 51177-1-II 395; see also Hartzog, 96 Wn.2d at 400 ("A broad general policy of imposing physical restraints upon prison inmates charged with new offenses because they may be `potentially dangerous' is a failure to exercise discretion.") (quoting People v. Duran, 16 Cal. 3d 282, 293, 545 P.2d 1322, 127 Cal. Rptr. 618 (1976)); see also State v. Jaquez, 105 Wn. App. 699, 709, 20 P.3d 1035 (2001) ("[T]he sole reason for the trial court's allowing the use of restraints was because it was general jail policy.... [A] court's decision to defer to the security policy of correctional officers is unjustifiable."). "While prison officials may be well positioned to assist the trial court in deciding matters of courtroom security, they are in no position to weigh and balance the many factors the court must consider when determining whether, and in what manner, a defendant should be restrained during a court proceeding." Walker, 185 Wn. App. at 796-97. Generally, an error that violates a defendant's constitutional right is presumed to be prejudicial. Finch, 137 Wn.2d at 859. But the State can overcome the presumption by showing that the error was harmless beyond a reasonable doubt. Finch, 137 Wn.2d at 859. "A claim of unconstitutional shackling is subject to harmless error analysis." Hutchinson, 135 Wn.2d at 888. B. MOOTNESS As an initial matter, the State argues that the issue of whether the trial court violated Jackson's right to due process by failing to make an individualized determination on the necessity of restraints during pretrial hearings is moot. We disagree. "Generally, we do not consider claims that are moot or that present only abstract questions." Lundstrom, 6 Wn. App. 2d at 392. An issue is moot when the "court can no longer provide effective relief." State v. Gentry, 125 Wn.2d 570, 616, 888 P.2d 1105 (1995). 8 162 No. 51177-1-II The State contends that we cannot grant effective relief, and therefore, the issue is moot, because "the underlying criminal case has been resolved through jury trial." Br. of Resp't at 10. However, the fact that the case proceeded to trial and that Jackson was ultimately convicted, does not preclude us from granting relief. We may reverse and remand for a new trial based on pretrial errors. See State v. Coley, 171 Wn. App. 177, 179, 286 P.3d 712 (2012), rev'd on other grounds,180 Wn.2d 543 (2014) (reversing and remanding based on the misallocation of the burden of proof in a pretrial competency hearing). Because a remedy remains available for the alleged pretrial errors that occurred, the issue of Jackson's pretrial restraints is not moot. C. CONSTITUTIONAL ERROR Here, the trial court clearly committed constitutional error when it failed to address the necessity of shackling Jackson during pretrial hearings and of restraining Jackson with a leg brace during the jury trial. At the pretrial stage, the trial court did not make any findings regarding the need to place Jackson in shackles. In fact, the trial court failed to even address whether any physical restraints were necessary. The court did not analyze any of the relevant factors and failed to recognize that under well -settled law, physical restraints should be used only in extraordinary circumstances and as a last resort. The trial court considered the issue of shackling criminal defendants generally at a hearing involving many defendants. The trial court's decision was driven not by any identified safety risk posed by Jackson or any particular defendant, but rather by logistical concerns for the Clallam County Superior Court as a whole. Indeed, the trial court not only failed to conduct an 163 No. 51177-1-II individualized inquiry into the need to restrain Jackson, it detennined that, as a matter of superior court policy, all criminal defendants would be restrained during pretrial proceedings without any consideration of motions for removal of restraints. Similarly, the trial court failed to conduct any analysis as to the need to restrain Jackson with a leg brace during trial. The trial court did not apply any of the Hartzog factors. Rather, the court simply stated that it did not see "anything inappropriate" about the leg brace. RP at 75. The failure to conduct any inquiry into the need to restrain Jackson, and the broad adoption of jail policy for all criminal defendants in pretrial proceedings, was clearly in violation of well - established constitutional law. D. HARMLESS ERROR Having established that the superior court violated Jackson's constitutional right to due process, we next determine whether the decision to restrain Jackson was harmless beyond a reasonable doubt.2 See Finch, 137 Wn.2d at 859. For erroneous restraints to be reversible rather than harmless error, the record must show that the restraints "had a substantial or injurious effect or influence on the jury's verdict." Hutchinson, 135 Wn.2d at 888. 2 Jackson argues that the superior court's systemic refusal to conduct the requisite individual inquiry before shackling Jackson, and other criminal defendants appearing in Clallam County Superior Court, constitutes structural error and is not subject to a harmless error analysis. "A structural error resists harmless error review completely because it taints the entire proceeding." State v. Levy, 156 Wn.2d 709, 725, 132 P.3d 1076 (2006). Such structural errors include total denial of counsel, a biased trial judge, racial discrimination in jury selection, denial of self - representation at trial, and denial of a public trial. Arizona v. Fulminante, 499 U.S. 279, 310, 111 S. Ct. 1246, 113 L. Ed. 2d 302 (1991). "Each of these constitutional deprivations is a similar structural defect affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself" Fulminante, 499 U.S. at 310. Jackson provides no authority to support the extension of the structural error doctrine to shackling, and we decline to do so for the first time here. 10 164 No. 51177-1-II Because the purposes of the pretrial phase and guilt phase of criminal proceedings are different, we assess the harmlessness of Jackson's restraints during pretrial hearings and during jury trial separately. See Finch, 137 Wn.2d at 862. During the pretrial proceedings, one of the trial court's duties was to set bail. During jury trial, the inquiry was whether evidence established Jackson's guilt of the charged crime. Jackson argues that his shackling during pretrial proceedings was not harmless error because "[s]hackles make a person appear dangerous and unmanageable, which prejudices the court's assessment of whether to release Mr. Jackson and what bail amount he must post." Br. of Appellant at 26. He further argues that his shackling was harmful error because it resulted in a high bail that he could not afford to pay, which prevented him from assisting in his defense by timely providing the text messages from his phone. Jackson appeared in a belly chain and shackles for his pretrial hearings. The trial court set bail at $35,000 based on "the nature of the charges, the criminal history, [and] the fact that there's been at least four or five warrants over the years." RP at 14. At an arraignment hearing a few days later, the trial court declined to lower bail, in part, due to the nature of the charges and concerns for the community's safety, and due to concerns that Jackson may not appear at future proceedings. The likelihood of prejudice is significantly reduced in a proceeding without a jury. State v. E.J.Y., 113 Wn. App. 940, 952, 55 P.3d 673 (2002). There is a presumption that the trial court properly discharged its official duties without bias or prejudice. In re Pers. Restraint of Davis, 152 Wn.2d 647, 692, 101 P.3d 1 (2004). Additionally here, the trial court pointed to significant concerns that Jackson posed a flight risk if he was released based on his history of outstanding 11 165 No. 51177-1-II warrants. Because the record suggests that the trial court's bail determination was not driven by the sentiment that Jackson was dangerous, which Jackson's shackles could have contributed to, we hold that the trial court's error in restraining Jackson during pretrial proceedings was harmless beyond a reasonable doubt. We also hold that the trial court's error in restraining Jackson during trial was harmless beyond a reasonable doubt. Improperly restraining a defendant is harmless error if the jury does not see the defendant in restraints. Clark, 143 Wn.2d at 777. Although Jackson told the court that, from the witness stand, the jury could see his leg brace restraint if he was standing, nothing in the record suggests that the jury actually saw or was aware of the leg restraint, in part because Jackson remained seated in the jury's presence. Jackson's defense counsel acknowledged that the brace was "not visible from outside his clothes." RP at 75. Furthermore, Jackson moved around the courtroom only while the jury was not present so the jury would not see Jackson struggle to walk with the brace. Because there is no evidence that the unseen restraint had a substantial or injurious effect on the jury's verdict, we hold that the erroneous imposition of the leg brace restraint was harmless beyond a reasonable doubt. 12 166 No. 51177-1-II H. LEGAL FINANCIAL OBLIGATIONS Jackson also argues that the trial court erred by imposing LFOs despite his indigence. In 2018, the legislature amended the statutes pertaining to LFOs. Laws of 2018, ch. 269. The amendments apply to this case because it was not final on June 7, 2018, when the amendments took effect. State v. Ramirez, 191 Wn.2d 732, 747-49, 426 P.3d 714 (2018). Accordingly, we affirm Jackson's convictions and remand to the trial court to reconsider imposition of LFOs in accordance with Ramirez and the relevant statutory amendments. I concur: GLASGOW, J. SOTM t SUTTON, J. 13 167 No. 51177-1-II MELNICK, J. (concurrence) — Although I concur in the majority's analysis and resolution of the shackling issue, I write separately to express my concerns regarding what the appropriate remedy should be when a court improperly shackles a person who appears before it.' John W. Jackson, Sr. urges us to dispense with the harmless error test that we currently utilize and instead adopt a structural error analysis. Because the Court of Appeals is bound to follow Supreme Court precedent, I concur with the majority's decision to not accept Jackson's invitation. However, I believe a new look at the appropriate remedy for what appears to be a statewide, systemic violation is warranted. The law is clear, well -settled, and not in dispute. A person has a right to appear "before the court with the appearance, dignity, and self-respect of a free and innocent man." State v. Finch, 137 Wn.2d 792, 844, 975 P.2d 967 (1999). Thus, a defendant "is entitled to appear at trial free from all bonds or shackles except in extraordinary circumstances." Finch, 137 Wn.2d at 842. Restraints should only be used when necessary to prevent courtroom injuries, disorderly conduct, or escapes. Finch, 137 Wn.2d at 846. The rule on shackling is not confined to trials. State v. Lundstrom, 6 Wn. App. 2d 388, 392, 429 P.3d 1116 (2018). "[R]egardless of the nature of the court proceeding or whether a jury is present," the court shall decide when and how shackles or restraints should be utilized. State v. Walker, 185 Wn. App. 790, 797, 344 P.3d 227 (2015).4 3 Nothing in this opinion should be construed to address the separate issues involving the use of shackles when transporting or detaining prisoners. 4 Although not applicable to this case, I also note that "[j]uveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing." JuCR 1.6(a). 14 No. 51177-1-II The courts are to ensure the safety of court officers, the public, and the parties. Lundstrom, 6 Wn. App. 2d at 394. Courts must balance, among other factors, the need for a secure courtroom with the constitutional presumption of innocence, the rights of the defendant, and the dignity of the judicial process. Finch, 137 Wn.2d at 844-46. Because the interests of jail administrators are different from the interests of the court, courts cannot defer to jail policy. Walker, 185 Wn. App at 796. They must exercise their own discretion. Lundstrom, 6 Wn. App. 2d at 395. While prison officials may be well positioned to assist the trial court in deciding matters of courtroom security, they are in no position to weigh and balance the many factors the courts must consider when determining whether, and in what manner, a defendant should be restrained during a court proceeding. Walker, 185 Wn. App. at 796-97. Relying on State v. Hartzog, 96 Wn.2d 383, 635 P.2d 694 (1981), the appellate courts have concluded that trial courts may not adopt general policies regarding the imposition of restraints but must exercise their discretion based on facts developed in and set forth in the record. E.g., Lundstrom, 6 Wn. App. 2d at 394-95. The use of physical restraints should be authorized only as a last resort. Finch, 137 Wn.2d at 850. The Washington Supreme Court has decided that a harmless error test applies when a court violates the above -stated rules. State v. Hutchinson, 135 Wn.2d 863, 888, 959 P.2d 1061 (1998). We are obligated to follow and are bound by the Supreme Court's decisions. State v. Hairston, 133 Wn.2d 534, 539, 946 P.2d 397 (1997). It appears to me that the application of the harmless error test in the area of shackling defendants who appear before the court, especially when the court has not made any individual inquiry, has resulted in a constitutional violation without a remedy. Regardless of the well -settled 15 169 No. 51177-1-II and clearly articulated principles of law in this area, it appears trial courts have difficulty adhering to them. My survey of cases shows that there are no fewer than 14 cases since February 2015 where our appellate courts have found a violation of a defendant's right to be free from shackles, yet every case has resulted in harmless error.' In Lundstrom, the trial court did not exercise its discretion, effectively deferring to the jail's policy. 6 Wn. App. 2d at 395. Similar situations existed in State v. Zain, State v. Smith, and State v. Montenguise.6 In State v. Calhoon, State v. Boatright, and State v. Bruce, the court held a hearing, but the evidence did not support the court's decision to physically restrain the defendant'I In State v. Huynh, State v. Flores, and In re Welfare of A.N.B., the court held a hearing, and we either assumed without deciding that the court abused its discretion or did not decide the issue because we determined that any error would have been harmless.8 In State v. Lomax and State v. Bakke, the court abused its discretion by either not ' I rely on unpublished cases not as persuasive authority, but as part of the data -gathering process. 6 State v. Zain, No. 47368-2-II (Wash. Ct. App. Dec. 1, 2015) (unpublished), http://www.courts.wa.gov/opinions/; State v. Smith, No. 45777-6-II (Wash. Ct. App. Aug. 11, 2015) (unpublished), http://www.courts.wa.gov/opinions/; State v. Montenguise, No. 33007-9-III (Wash. Ct. App. July 7, 2015) (unpublished), http://www.courts.wa.gov/opinions/. 7 State v. Calhoon, No. 49346-2-II (Wash. Ct. App. Apr. 10, 2018) (unpublished), http://www.courts.wa.gov/opinions/; State v. Boatright, No. 49218-1-II (Wash. Ct. App. Nov. 21, 2017) (unpublished), http://www.courts.wa.gov/opinions/; State v. Bruce, No. 49058-7-II (Wash. Ct. App. Nov. 14, 2017) (unpublished), http://www.courts.wa.gov/opinions/. 8 State v. Huynh, No. 50218-6-II (Wash. Ct. App. Mar. 20, 2018) (unpublished), http://www.courts.wa.gov/opinions/; State v. Flores, No. 49777-8-II (Wash. Ct. App. Nov. 7, 2017) (unpublished), http://www.courts.wa.gov/opinions/; In re Welfare of A.N.B., Nos. 71230-6- I, 71231-4-I, 71232-2-I, 71233-1-I, 71234-9-I, 71236-5-I, 71237-3-I (Wash. Ct. App. Feb. 23, 2015) (unpublished), http://www.courts.wa.gov/opinions/. 16 170 No. 51177-1-II conducting a hearing or conducting an inadequate hearing.9 In State v. Mendez, the State conceded that the trial court did not make an adequate record to support the use of restraints.10 In In re Personal Restraint of Pender, we concluded harmless error existed after the sheriffs' office decided the defendant had to wear a stun belt at trial but never informed the court." In the present case, the State conceded in oral argument that it has been confronting the issue of shackling defendants for the last one to two years. Wash. Court of Appeals oral argument, State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 7 min., 39 sec. through 7 min., 44 sec. (on file with court). The State also admitted that judges are not making individualized determinations regarding shackling and restraints, but are instead leaving it to the jail staff. Wash. Court of Appeals oral argument, State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 10 min., 54 sec. through 11 min., 4 sec. (on file with court). Finally, the State conceded that, based on its blanket policy, it presumes defendants appearing in court are dangerous. Wash. Court of Appeals oral argument, State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 20 min., 15 sec. through 20 min., 30 sec. (on file with court). As pointed out by the majority, the trial court considered the shackling issue at a hearing involving multiple defendants. The court did not make or consider individualized determinations. 9 State v. Lomax, No. 48072-7-II (Wash. Ct. App. June 13, 2017) (unpublished), http://www.courts.wa.gov/opinions/; State v. Bakke, No. 46696-1-II (Wash. Ct. App. Feb. 9, 2016) (unpublished), http://www.courts.wa.gov/opinions/. 10 State v. Mendez, No. 49847-2-II (Wash. Ct. App. May 22, 2018) (unpublished), http://www.courts.wa.gov/opinions/. 11 In re Pers. Restraint of Pender, No. 42430-4-II (Wash. Ct. App. Feb. 10, 2015) (unpublished), http://www.courts.wa.gov/opinions/. 17 171 No. 51177-1-II By adopting the jail's policy, the court determined that all defendants would be restrained during pretrial proceedings. Motion to Supp. Record on Appeal, State v. Jackson, No. 51177-1-II (May 1, 2018), at 12. In addition, the court did not see "anything inappropriate" about having Jackson in a leg brace for trial, notwithstanding its failure to conduct a hearing and consider the mandatory factors. Report of Proceedings (Aug. 21, 2017) at 75. "[J]udges are human, and the sight of a defendant in restraints may unconsciously influence even a judicial factfinder." People v. Best, 19 N.Y. 3d 739, 744, 979 N.E. 2d 1187 (2012).12 Studies support the proposition that judges, like laypersons, are similarly prone to implicit associations and implicit biases. See, e.g., JUDGE ANDREW J. WISTRICH & JEFFREY J. RACHLINSKI, IMPLICIT BIAS IN JUDICIAL DECISION MAKING: HOW IT AFFECTS JUDGMENTS AND WHAT JUDGES CAN DO ABOUT IT, in ENHANCING JUSTICE: REDUCING BIAS 87 (Sarah E. Redfield ed., 2017). It is clear that in the present case the trial court failed to follow well -established and clearly stated legal principles. As a result, we are bound to conclude error occurred, but we must also determine that the error was harmless. I think the application of this remedy should be revisited, especially where, as here, the court failed to conduct an individualized hearing on the use of pretrial and trial restraints. MELNICK, J. 12 I note that in considering the release of a defendant, CrR 3.2 requires a court to determine, among other factors, whether a defendant is dangerous and a flight risk. 18 172 • City of 7. City Council Community Services & Safety Committee Meeting Minutes February 10, 2020 - 5:30 p.m. - Foster Conference Room, City Hall Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: Rachel Bianchi, Bruce Linton, Eric Drever, Trish Kinlow, Trina Cook, Rebecca Hixson, Niesha Fort -Brooks, Stacy Hansen, Tony Cullerton, Laurel Humphrey Others Present: Sharon Mann, resident Chair Kruller called the meeting to order at 6:01 p.m. I. BUSINESS AGENDA A. Police Records Digitization Project Staff is seeking Council approval to digitize case reports, homicide files, and ID files in the amount of $150,000 over 18 months, with the potential to recover up to $50,000 through grants. The Department can cover much of the cost with existing budget but may seek a 2020 budget amendment. Committee Recommendation: Unanimous approval. Forward to February 24, 2020 Committee of the Whole. B. Additional Transport Officers Staff is seeking Council approval to fund 2 additional FTE Support Officers to safely and securely support the Court's compliance with the Washington State Court of Appeals Division II ruling regarding the shackling of inmates in the courtroom. The salary and benefits package for two FTEs is approximately $188,000. Committee Recommendation: Unanimous approval. Forward to February 24, 2020 Committee of the Whole. C. 2019 4th Quarter Police Department Report Chief Linton updated the Committee on items of interest in the 4th Quarter of 2019, including staffing, recognitions, community engagement, significant operations and events, and crime statistics. Committee question(s) requiring follow up: PD to follow-up on suspects from car -jacking cases to find out if they are still in custody. Committee Recommendation: Discussion only 173 74 COUNCIL AGENDA SYNOPSIS nilials Alleefin,g Date Prepared Gy Mayor's review Council review 02/24/20 ph jr-1 0 03/02/20 ph ITEM INFORMATION ITEM NO. 5.E. SFAFF SPONSOR: BRUCE LINTON ORIGINAL. AGENIDA Dn'I'r: 02/24/20 AGENDA I-FENt Trri,E Case report digitization and records management CA'TEGO1tY ® Discussion Mtg Date 02/24/20 ® Motion Mtg Date 03/02/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid _Rivard g Date Aft ❑ Public Hearing g Date Aft ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑.HR ❑DCD ❑.Finance ❑Pire ❑TS ❑P&R ®Police ❑PIII ❑Court SPONSOR'S The Tukwila Police Department is seeking approval to spend $150,000 on outsourcing SUMMARY scanning, transitioning into Laserfiche and applying retension for the approximate 2.2 million pages of case reports, homicide files and ID files in hard copy format, stored in three different locations. Doing so would better serve the residents of Tukwila and to satisfy increasing request for public disclosure requests. REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/10/20 COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADNIIN. Police CON IINIrrrEL Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURI�, RI?QUIRI-,D AMOUNT BUDGETED APPROPRIATION REQUIRED $150000 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 Forward to next Regular Meeting 03/02/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum, dated 1/29/20 Powerpoint Minutes from the Community Services and Safety meeting of 02/10/20 03/02/20 175 176 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bruce Linton, Chief of Police BY: Rebecca Hixson, Senior Manager, Support Operations Division CC: Mayor Ekberg DATE: January 29, 2020 SUBJECT: Case Report Digitization and Records Management ISSUE The Tukwila Police Department has approximately 2.2 million pages of case reports, homicide files and ID files in hard copy format stored in three different locations. Accessing, copying, sorting and disposing these records is time consuming. With increased workload from Public Disclosure requests and legislative changes, the Police Department must find more efficient ways to conduct business in order to better serve the residents of Tukwila and to satisfy increasing requests for public records disclosures. Creating digital copies of these records will improve public records retention, records management and public disclosure processes and response times. Once this project is complete, all records that must remain in hardcopy will fit in the city -owned, accreditation - approved Justice Center. BACKGROUND The City Records Governance staff has been evaluating records digitization to better serve city staff and residents since 2011. Having millions of high retrieval records has revolutionized and streamlined work in several departments. In the new Justice Center, space for hardcopy records storage will be limited and another method for records storage is needed. Four proposal were evaluated, along with an estimate for completing work in-house. DISCUSSION There are several options that could be considered: 1) Leave all records in hardcopy format. 2) Scan records within PD (9 years based on courts scanning rate) 3) Outsourcing scanning only 4) Outsourcing scanning, transition into Laserfiche and applying retention FINANCIAL IMPACT OF OPTION 4 Expenditure of $150,000 over 18 months, with the potential to recover up to $50,000 through grants. The Police Department will attempt to absorb some of the project cost into the existing 2020 budget, but may seek a budget amendment for 2020, and additional budget in 2021 to cover costs over the 18 months of the project. RECOMMENDATION Staff recommends Option 4. The Committee is asked to make a recommendation to the Committee of the Whole for consideration at its February 24, 2020 meeting with possible final action on March 2. ATTACHMENTS Powerpoint 177 178 Police Records Digitization: • Increase efficiency (time, staff, space, $) • Meet legal obligations • Preserve important information CD Option 1: Leave as is Option 2: PD Scan Option 3: Only outsource scanning Option 4: Outsource scanning, transition into Laserfiche and applying retention PHASE 2- VENDOR EVALUATION a Pilot Project Security _ State Quality Standards Processes Change Integration - Management OD N CDI $150,000 Baluster $264,000 SIS NW Inc $264,000 WA State Archives $5061000 Planning Selection Disposition r-i—i V4 ... Clean up Organization LaserFiche Setup co w PD Prep La & Q�he PD Review PHASE 4- RECORDS Transport Metadata Corrections SCANNING 11 (as needed) CDI Prep CDI Scan & Return to 0 QC PD Staff Request: Provide recommendation to Committee as a whole for $150,000 over 18 months to digitize Police records using the vendor CDI with the understanding the PD will pursue grant funding to recover costs as possible �J,�Wiu wqs p Ci yZ 1908City CouncilCommunity•Committee Meeting Minutes February 10, 2020 - 5:30 p.m. - Foster Conference Room, City Holl Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: Rachel Bianchi, Bruce Linton, Eric Drever, Trish Kinlow, Trina Cook, Rebecca Hixson, Niesha Fort -Brooks, Stacy Hansen, Tony Cullerton, Laurel Humphrey Others Present: Sharon Mann, resident Chair Kruller called the meeting to order at 6:01 p.m. I. BUSINESS AGENDA A. Police Records Digitization Project Staff is seeking Council approval to digitize case reports, homicide files, and ID files in the amount of $150,000 over 18 months, with the potential to recover up to $50,000 through grants. The Department can cover much of the cost with existing budget but may seek a 2020 budget amendment. Committee Recommendation: Unanimous approval. Forward to February 24, 2020 Committee of the Whole. B. Additional Transport Officers Staff is seeking Council approval to fund 2 additional FTE Support Officers to safely and securely support the Court's compliance with the Washington State Court of Appeals Division II ruling regarding the shackling of inmates in the courtroom. The salary and benefits package for two FTEs is approximately $188,000. Committee Recommendation: Unanimous approval. Forward to February 24, 2020 Committee of the Whole. C. 2019 4ch Quarter Police Department Report Chief Linton updated the Committee on items of interest in the 4th Quarter of 2019, including staffing, recognitions, community engagement, significant operations and events, and crime statistics. Committee question(s) requiring follow up: PD to follow-up on suspects from car -jacking cases to find out if they are still in custody. Committee Recommendation: Discussion only 187 COUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Meeting Date Prepared by M or's review Council review 02/24/20 GL 03/03/20 GL ITEM INFORMATION ITEMNO. 5.F. STAFF SPONSOR: ADAM COX ORIGINAL AGENDA DATE: 02/24/20 AGENDA ITEM TITLE 42nd Ave South Bridge Replacement Project Update and Funding for Next Steps CATEGORY ® Discussion Mtg Date 02/24/20 ® Motion Mtg Date 03/03/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Asvard Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW ❑Court SPONSOR'S As the 42nd Ave S Bridge was not selected for Federal Bridge Replacement Advisory SUMMARY Committee (BRAC) grant funding in 2019, three options are being recommended; Option 1 continues monitoring the bridge and reapplying for grant funding, Option 2 conducts an in- depth structural analysis for $39,000, and Option 3 will begin full design for $2 to $3 million, with 30% design funded with $1 million. Council is being asked to approve all three options with additional funding to be included in the next 2021-2026 CIP. REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ® Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/20 & 2/10/20 CONMTTEE CHAIR: DELOSTRINOS JOHNSON, SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,000,000.00 $1,000,000.00 $0.00 Fund Source: 104 FUND - BRIDGES & ARTERIAL STREETS Comments: page 15 & 17, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 03/03/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 02/07/2020 Pages 15 & 17, 2019 CIP First two pages of 08109700 Tukwila 42nd Ave S Bridge Funding Submittal 20190424 Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 Minutes from Finance Committee meeting of 02/10/2020 03/03/20 :• 190 TO: FROM: BY: CC: DATE: City of Tukwila Allan Ekberg, Mayor Public Works Deportment- Henry Hash, Director INFORMATIONAL MEMORANDUM Finance Committee Henry Hash, Public Works Director X.1,j, Hari Ponnekanti, City Engineer Mayor Allan Ekberg February 7, 2020 SUBJECT: 42Dd Ave South Bridge Replacement Project No. 91810404 Project Update and Funding for Next Steps ISSUE Provide an update and seek direction on the funding for the 42Dd Avenue South Bridge replacement and potential options moving forward. BACKGROUND The City applied to the Federal Bridge Replacement Advisory Committee (BRAG) through Washington State Department of Transportation (WSDOT) Local Programs for grant funding in April 2019. The City was informed in November that the 42Dd Ave South Bridge Replacement Project was not selected. At the December 3, 2019 Transportation and Infrastructure meeting, the Committee directed that additional analysis be performed to weigh the options moving forward. Currently, the 42Dd Ave S Bridge has a sufficiency rating of 7.56. The sufficiency rating formula is a method of evaluating highway bridge data by calculating four separate factors to obtain a numeric value which is indicative of the bridge sufficiency to remain in service. The sufficiency rating considers a number of factors, only about half of which relate to the condition of the bridge itself. The sufficiency ratings for bridges are part of a formula used by the Federal Highway Administration when it allocates federal funds to the states for bridge replacement. Some of the factors to calculate the sufficiency rating are: 1) Structural Adequacy 2) Serviceability and Functional Obsolescence 3) Special Reductions Although the 42Dd Ave S Bridge has a sufficiency rating of 7.56, there are no known major structural deficiencies. A more in-depth structural analysis will provide further information about the condition of the bridge. https://tukwilawa.sharepointconVsites/publicworks/Shared Documents/TIC Agenda IlemsllrdoMemo_42nd Ave Next Steps 020720.docx 191 Informational Memo Page 2 ANALYSIS The Public Works Department proposes three options moving forward. Option 1 — Ongoing Monitoring Continue to monitor the bridge conditions, continue the bi-annual (routine) and fracture critical inspections through King County inspectors, and reapply for the BRAC grant. Option 2 — In -Depth Structural Analysis Perform a more in-depth structural inspection using non-destructive testing to better understand how the bridge steel is performing internally. The inspection will include ultrasonic thickness measurements of gusset plates and steel members that exhibit areas of corrosion and pack rust. The inspection will also include a mag-particle inspection in areas of concern to identify if cracks in the steel members are present. There is a possibility that one or both lanes of traffic (up to two weeks) will need to be closed during the inspection to allow access with a bucket truck or Under Bridge Inspection Truck (UBIT). The results of the in-depth inspection will illustrate what is happening internally with the steel at critical locations. Staff will return to Committee with the in-depth inspection report. Option 3 - Shovel Ready Design Seek RFQ proposals for full bridge design to develop a "shovel ready" bridge project to better position the City to receive grant funds. Staff will return to Council for further direction at the 30% design point with updated cost estimates. 30% design mark will allow the City to have a physical product to present to potential funders. Potential funders may include any future statewide transportation packages, via direct allocation from the State capital budget, Freight Mobility Investment Board (FMSIB), State Transportation Improvement Board, and Federal grants. Also, having the 30% design demonstrates the City's commitment to the 42"d Ave S Bridge project when the City reapplies for the BRAC grant later this year. FINANCIAL IMPACT Staff estimates that the in-depth inspection costs described in Option 2 will be up to $39,000, which is available in the current 2019/2020 Annual Bridge Inspection budget. For Option 3, the current approximate cost to perform the full design is between $2 and $3 million. Our estimated cost for the 30% design is $1.5 million with contingency and would take six to nine months to complete from the date the contract is awarded. The funding difference will need to be allocated. The City has the opportunity beyond the BRAC grant to explore other possible funding partners or sources to accelerate the replacement of the bridge. 2019/2020 2019/2020 Projects Expenditures Bridge Budget Annual Bridge Inspections $ 44,800 $ 335,000 TranTech Bridge Support 107,384 S 196th/200th Bridge Repair 477,679 335,000 42"d Ave S Bridge Inspection 39,000 Total $ 668,863 $ 670,000 42"d Ave S Bridge Design 30% $ 1,500,000 $ 320,000 Solid Waste Utility Tax 680,000 Total $ 1,500,000 $ 1,000,000 192 https://tukwilawa.sharepoint.com/sites/publicworks/Shared DocumentsrFIC Agenda Items/InfoMemo_42nd Ave Next Steps 020720.docx Informational Memo Page 3 RECOMMENDATION Staff recommends the three options identified above to move forward with. For Option 1, ongoing bridge monitoring is to be continued. For Option 2, on February 3rd, the Transportation and Infrastructure Committee agreed for the need to conduct an in-depth structural analysis and that Public Works staff will return to Committee with the in-depth analysis results, estimated to be available in the third quarter of 2020. For Option 3, staff recommends seeking RFQs for the full design of the 42Dd Ave S Bridge with a check -back to Committee once 30% design is achieved. Concurrently, staff is seeking direction from the Finance Committee to determine design funding in order to forward a recommendation to the February 24, 2020 Committee of the Whole and subsequent March 3, 2020 Regular Council meeting. Attachments: Pages 15 and 17, 2019 CIP First two pages of 08109700 Tukwila 42°d Ave S Bridge Funding Submittal 20190424 https://tukwilawa.sharepoint.com/sites/publicworks/Shared DocumenlsfrIC Agenda Items/InfoMemo_42nd Ave Next Steps 020720.docx 193 194 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: 42nd Ave S Bridge Replacement Project No. 91810404 DESCRIPTION: Design and construct a replacement structure for the existing 42nd Ave S Bridge near the Tukwila Community Center. JUSTIFICATION: The current bridge has a sufficiency rating of 7.6 (out of 100), is load restricted for AASHTO Type 3 trucks and is structurally deficient. Truck speed was reduced to 15 mph in 2018. STATUS: New project for 2019 - 2024 CIP. In 2017, Bridge Replacement Advisory Committee (BRAG) funding was submitted, but not awarded. If there is a BRAC funding round in 2019, staff will apply for those grant funds. MAINT. IMPACT: New bridge. BRAC funding would be at 80% match for up to $12.5 million. Project partners may include BNSF COMMENT: Railroad as they have over 1,800 trips a day on the 42nd Ave S Bridge and it is the only ingress/egress available for their intermodal yard. FINANCIAL Through Estimated (in $000's) 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 1,600 1,600 Land (R/VV) 1,000 1,000 Wetland Mitigation/Monitoring 250 250 250 750 Const. Mgmt. 750 750 1,500 Construction 5,500 5,400 10,900 TOTAL EXPENSES 0 0 0 1,600 1,250 6,500 6,400 0 0 15,750 FUND SOURCES Awarded Grant 0 Proposed Grant 1,280 800 5,000 4,920 12,000 Fund Balance -Bond 450 1,500 1,480 3,430 Mitigation 0 City Oper. Revenue 0 0 0 320 0 0 0 0 0 320 TOTAL SOURCES 0 0 01 1,600 1,250 6,500 6,400 01 0 15,750 `f Pro -ect Location N W �1 e L �St 1 2Sl ♦�b�j /Vl� < _ o � 3 N m Lry �.DI_ Nff _ Ss, 2019 - 2024 Capital Improvement Program 15 195 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Annual Bridge Inspections and Repairs Project No. 9XX10402 DESCRIPTION: Ongoing program of bi-annual inspections, repairs, painting and rehabilitation of the 22 City bridges. Federally required program identifies safety or repair needs in the early stages to minimize hazards and JUSTIFICATION: costs. The number of bridge inspections necessary each year can vary year to year. Inspection frequencies vary from bridge to bridge and King County has provided some inspection services. STATUS: Construction projects will be determined from inspection reports and noted deficiencies/problems. MAINT. IMPACT: Reduces maintenance costs. COMMENT: Ongoing project, only one year actuals are shown in the first column. FINANCIAL Through Estimated tin $000'sl 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 141 45 45 45 55 55 65 65 65 581 Land(R/W) 0 Const. Mgmt. 1 40 40 40 50 50 60 60 60 401 Construction 32 250 250 250 300 300 325 325 325 2,357 TOTAL EXPENSES 174 335 335 335 405 405 450 450 450 3,339 FUND SOURCES Awarded Grant Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 174 335 335 335 405 405 450 450 450 3.339 TOTAL SOURCES 174 335 335 335 405 405 450 450 450 1 3,339 Project Location: Entire System ' t � a 2019 - 2024 Capital Improvement Program 196 17 Federal Highway Bridge Program Project Application Please send copies of the load ratings summary, accident data, any other pertinent information, and electronic photos (640 x 480 pixels minimum .JPG ) with this questionnaire by the due date specified in the cover letter. Agency Name: city of Tukwila Pick one of the following: Bridge Name: 42ND AVENUE SOUTH BR ( Replacement Candidate Bridge Number: TUKxNx14 0 Rehabilitation Candidate Contact Person: Hari Ponnekanti 0 Scour Mitigation Phone: ( 206 ) 431 - 2455 0 Seismic Retrofit Sufficiency Rating: 7.56 SD 0 Painting FEI Bundled Structure ID: 08109700 0 Deck Repair Project Irief Project Description (including bridge replacement type) Remove and Replace the existing 220' truss and 2 - 32' concrete approach spans with a ,ion -redundant steel multigirder bridge. Proposed Length: 310' Width (Curb to Curb): 40' Current Year: 19 Rehabilitation/Replacement/Seismic/Paint/Scour Projects PE Costs (approximately 25% of total) (Soils, Environmental, Design Documents, Plans Preparation, etc.) Right of Way Costs (Purchases, Relocation and Construction Easement) Construction Costs (Environmental mitigation, approach costs (15%), structure costs, etc.) Construction Engineering (18%) Contingency (15%) Mobilization (10%) Inflation Factor (5% per year, based on projected Ad date below) $ 2,189,917 $ 120,000 $ 8,759,667 $1,576,740 $1,313,950 $ 875,967 $ 875,967 Total Rehabilitation/Replacement/Preventative Maintenance Project Costs:* $ 15,712,208 If a Rehabilitation, what would be the Replacement cost for that same structure (including PE, Right of Way, and Construction)? Proiect Milestones Scheduled Scheduled Project Added to Local Agency TIP M/Y 11 / 19 Right of Way Start M/Y 7 / 20 Project Added to Regional TIP M/Y 12 / 19 Right of Way Complete M/Y 12 / 20 Project Added to STIP M/Y 1 / 20 Geometric/30% Design Complete M/Y 10 / 20 Project Definition Begin PE MN 6 / 20 General Plan/60% Design Complete M/Y 4 / 20 NEPA Kick Off M/Y 7 / 20 Advertisement M/Y 12 / 21 Environmental Docs Approved M/Y 1 / 21 Contract Awarded M/Y 1 / 22 Provide comments below Open to Traffic M/Y 12 / 23 197 Comments The 42nd Avenue South Bridge is a 3-span 280-foot-long bridge built in 1949. The bridge is comprised of a 220-foot-long fracture critical steel through -truss main span with a 32-foot-long concrete T-beam approach span at each end. The bridge has an extreme 38 degree skew which is causing structural condition issues. The existing bridge is both Structurally Deficient and Functionally Obsolete with a sufficiency rating of 7.56 SD. The bridge is currently the only access to the BNSF Intermodel Facility and to Baker Commodities, a rendering plant, located on the east side of Tukwila's Allentown neighborhood. The bridge has an ADT of 10,300 vehicles per day with 30% trucks by the 2018 traffic count. The City is currently struggling to maintain access to these significant businesses after an indepth structural assessment in 2017 (see attached report) resulted in the load posting of the bridge. To date, the City of Tukwila has had approximately 25 trucks analyzed for permits to cross the bridge. In addition to load requirements, the bridge has a posted speed limit for trucks of 15 mph which allows the majority of legal and the above mentioned special permit vehicles to cross the bridge. This speed restriction has been reinforced by radar speed monitoring signs. The bridge has unknown foundations but is assumed scour safe by a scour analysis performed in 2014. A scour plan of action has been implemented per the unknown status of the foundations. That said, riprap placed on the south abutment has been washed away as noted in the inspection reports so there appears to be a scour concern based on site conditions and history. This includes damage to the north abutment and ongoing settlement at the north approach as material is pumped from behind the abutment retaining wall by hydraulic action. The settlement is highlighted by the sinking of the approach rail has to be regularly repaired with asphalt wedges to smooth the transition onto the bridge. The City of Tukwila has also struggled for years to maintain the bridge. Maintenance projects include a major paint project in the mid-1990's and a significant emergency project to rebuild the north bridge approach after erosion, caused by scour, threatened the existing roadway. The bridge currently needs another paint job, deck repair, seized bearing repair, a seismic retrofit, and a scour repair to address the loss of riprap mentioned above. The City has contracted with King County Bridge Maintenance to clean the bridge regularly in order ensure valid bridge inspections. These inspections are also conducted at a 12 mo. frequency to increase the monitoring of the bridge. Because the 42nd Avenue South Bridge sits on a challenging bend in the Duwamish River, Tukwila contracted a consulting firm to develop viable construction options and accurate concept level estimates. The most straight forward is being presented here and in the attached documents. Although the estimate amount is over the $12M maximum funding level, Tukwila understands that the award is limited. This project is also in the City's current Capital Improvement Program (CIP) with this understanding evident (see attached CIP page). HE Transportation & Infrastructure Committee Minutes........................................................................................ February 3, 2020 D. Consultant Contract: Public Works Fleet & Facilities Building Staff is seeking Council approval of a contract with Hart Crowser, Inc. in an amount not to exceed $80,000 for geotechnical engineering soil exploration services for the Public Works Fleet & Facilities Building. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. E. Update: 42nd Avenue South Bridge Replacement Project Staff is seeking Committee direction on next steps for the 42nd Avenue South Bridge Replacement project. City Administrator, David Cline, reported on the various meetings he and Mayor Allan Ekberg had last week with state legislators, discussing funding for the 42nd Ave S Bridge. The feedback that they received was for the City to start design of the bridge in order to have it "shovel ready". The Committee discussed the recommendation to move forward with an in-depth structural inspection of the bridge, which is necessary to better understand its current condition. Committee question(s) requiring follow up Is there a possibility of using Build America, PSRC, or State TIB grant funding for match? Committee Recommendation The Committee concurred with staff's recommendation of moving forward with all 3 Options that were presented. The Committee approved moving forward with an in-depth structural inspection and to begin the full design process, with the understanding that staff will continue to pursue grant funding. Forward to Finance Committee for funding options on the full design of 42nd Ave S Bridge. II. MISCELLANEOUS David Cline reported that Administration met with the Sounders regarding their future plans. Councilmember Kruller requested the citywide pavement condition rating. Gail Labanara reported back on the timeline of the Allentown/Foster Point and Duwamish sewer projects, as well as future sewer projects in beyond for Grandmother's Hill and Ryan Hill. The meeting adjourned at 6:30 p.m. COrl Committee Chair Approval Minutes by GL, reviewed by LH 199 LW o �r i J _ � "'s 2 10n5 City Council Finance • Meeting Minutes February 10, 2020 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Zak Idan Staff Present: Aaron Williams, Juan Padilla, Henry Hash, Hari Ponnekanti, David Cline, Vicky Carlsen, Adam Cox Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: ORCA Business Passport Program Staff is seeking Council approval of a contract with King County for employee participation in the ORCA Business Passport Program in the amount of $73,695.00, which is available in the Mayor's Office Green Initiatives budget. Committee Recommendation Unanimous Approval. Forward to February 24, 2020 Special Meeting Consent Agenda. B. Request for Proposals for City Attorney Services Responses The City received two responses to the Request for Proposal for City Attorney Services. Both firms, Kenyon Disend, PLLC and Ogden, Murphy, Wallace, PLLC will present to the Committee of the Whole on February 24, 2020. Committee question(s) requiring follow up • Historical financial data on special services provided by the attorney Hourly rates for attorney services by Friday for the interviews • Score sheet from the interviews • Recap of the interview process Committee Recommendation Discussion only. C. 42"d Avenue South Bridge Replacement Project Financing Staff is seeking direction on funding forthe 42"d Avenue South Bridge Replacement Project.:1C Committee Recommendation Unanimous approval to authorize staff to go out to full design with funding up to 30% or $1 million and forward recommendation to the February 24, 2020 Committee of the Whole meeting and subsequent March 3, 2020 Regular Meeting. 200 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/24/20 GL ITEM INFORMATION ITEM NO. Spec 2. B. STAFF SPONSOR: PETER LAU ORIGINAL AGENDA DATE: 02/24/20 AGENDA ITEM TITLE Tukwila Urban Center Pedestrian/Bicycle Bridge Project Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 02124120 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council [:]Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW ❑Court SPONSOR'S The contract with SB Structures, LLC is complete for the Tukwila Urban Center SUMMARY Pedestrian/Bicycle Bridge. This project constructed a new steel, twin -tied arch, 350-foot long pedestrian/bicycle bridge over the Green River. Construction began August 15, 2016 and was physically completed on January 16, 2019. Change orders credited ($28,587.38) and overruns added $52,146.90. Council is being asked to accept and finalize the contract with SB Structures for $6,309,080.12. REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/2020 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $6,309,080.12 $7,228,406.19 $0.00 Fund Source: 104 BRIDGES & ARTERIAL STREETS Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 01/31/2020 Notice of Completion Contract No. 16-093 Photos Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 201 202 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director (X%, BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: January 31, 2020 SUBJECT: Tukwila Urban Center Pedestrian/Bicycle Bridge Project Project No. 90510403; Contract No.16-093 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of the retainage bond. BACKGROUND The Notice to Proceed for Contract Number 16-093 with SB Structures, LLC of Seattle, Washington was issued on August 15, 2016. This project constructed a new steel, twin -tied arch, 350-foot long pedestrian/bicycle bridge over the Green River with associated concrete approach structures. Other site features built as part of this project included bridge lighting, trail lighting, landscaping, and storm drainage structures. DISCUSSION The construction project was physically completed on January 16, 2019. The extended time for project closeout after the physical completion were due to the one-year plant establishment requirement for the project, and the contractor's and subcontractors' delays on filing the Affidavit of Wages Paid form to the Washington State Department of Labor and Industries. FISCAL IMPACT The construction budget for the Tukwila Urban Center (TUC) Pedestrian/Bicycle Bridge Project was $7,228,406.19. Ten change orders were executed for a total credit of ($28,587.38) and unit price over -runs of $52,146.90 were mainly due to unexpected site changes and utility conflict resolutions. A retainage bond is being held by the City. Final project costs were under budget, and funding was received by the Washington State Regional Mobility Grant and park impact fees. Expenses Construction Contract Amount (pre-tax) $6,285,520.60 Change Order Nos. 1 to 10 ($28,587.38) Unit Price Over -runs 52,146.90 Total Contract Amount 6.309.080.12 RECOMMENDATION Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien release procedures, for the Tukwila Urban Center Pedestrian/Bicycle Bridge construction contract with SB Structures, LLC in the final amount of $6,309,080.12, and consider this item on the Consent Agenda at the February 24, 2020 Special Meeting. ATTACHMENT Notice of Completion, Contract #16-093 Photos W.TW Eng1PR0.1ECTSW RW & RS Projects\TUC Ped Bicycle Bridge (90510403)\Constructionl#.700 -Post Construction & Closeoutllnfo Memo for Ped Bridge closeout 1-21-20.docx 203 204 STATF, OF, LYI Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: January 21, 2020 Contractor's UBI Number: 602615583 Name & Mailing Address of Public Agency Department Use Only City of Tukwila Assigned to: 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned: UBI Number: 179000208 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting VNo Tukwila Urban Center Pedestrian/Bicycle Bridge 990510403 16-093 El Yes Description of Work Done/Include Jobsite Address(es) Construction of a steel, twin -tied arch, 350 feet long pedestrian/bicycle bridge over the Green River with associated concrete approach structures. Also included bridge lighting, trail lighting, planting, and storm drainage structures. Federally funded transportation project? ❑ Yes LYJ No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* SB Structures, LLC loch.)@scarsellabros.com 1907722 Contractor Address Telephone # P.O. Box 68847, Seattle, WA 98168 253-872-6750 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. 5K Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted June 20, 2016 August 15, 2016 January 16, 2019 Were Subcontracters used on this project? If so, please complete Addendum A. Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate 0 (If various rates apply, please send a breakdown) Sales Tax Amount TOTAL I Comments: No sales tax - Rule 171 $ 6,285,520.60 $ 52,146.90 $ 28,587.38 $ 6,309,080.12 AA 1VU1 C: 1 hese two totals must be Liquidated Damages $ 0.00 Amount Disbursed $ 6,309,080.12 Amount Retained $ 0.00 TOTAL $ 6,309,080.12 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Peter Lau Email Address: peter.lau@tukwilawa.gov PDepartment of Revenue ^ Wwhington State Department of Public Works Section "Labor & Industries (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LNI. WA. GOV Title: Senior Program Manager Phone Number: 206431-2454 ` Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902-9450 publicworks@esd.wa.gov REV 31 0020e (10/26/15) F215-038-000 10-2014 205 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Adam & Smith, Inc. 600251865 846089 Barnhart Crane and Rigging Co. 602576449 748900 Belarde Construction 601114553 856832 Best Parking Lot Cleaning, Inc. 601901928 825927 Central Steel, Inc. 600514550 774098 Conco Cement Company 601716374 858350 Conco Pumping, Inc. 601716374 855851 Concrete Technology Corp. 278033412 688931 Corliss Resources, Inc. 602237779 857310 Delmar Concrete CTNG&CRNG, LLC 603490906 798949 Evergreen Concrete Cutting, Inc. 601605667 784092 Harris Rebar Seattle, Inc. 601327419 774102 Jenkins Pipeline Services, LLC 603180313 862344 Jobsite Stud Welding, Inc. 602326327 738907 Lanktree Land Surveying, Inc. 603213049 815121 Malcolm Drilling Co., Inc. 600535337 770963 Miles Sand & Gravel Company 171004760 773030 Miles Sand & Gravel Company 171004760 856596 Ness Cranes 602493962 838755 North Pacific Indsrl Ctngs, LLC 602974337 717636 Olson Brothers Pro -Vac, LLC 602170975 839853 Purcell Painting & Coatings 602440422 831857 Ralph's Concrete Pumping 578085430 765405 Ralph's Concrete Pumping 578085430 772946 Sapp Trucking, LLC 603507755 837720 Scarsella Bros., Inc. 578035242 857046 Skyline Landscape, LLC 603018209 855697 Snell Crane Service, Inc. 601626799 837471 Streich Bros., Inc. 278049619 767965 Totem Electric of Tacoma, Inc. 278043550 778477 Trade -Marx Sign & Display Corp. 601169201 838371 Ventilation Power Cleaning, Inc. 578089188 837845 Wrecking Ball Demolition, LLC 601878379 668428 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 206 Tukwila Urban Center Pedestrian/Bicycle Bridge N O 4 m^ V City of 1 City Council Transportation & Infrastructure Committee Meeting Minutes February 3, 2020 - 5:30 p. m. -Foster Conference Room, 6300 Building Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller Staff Present. David Cline, Vicky Carlsen, Henry Hash, Hari Ponnekanti, Scott Bates, Peter Lau, Adam Cox, and Gail Labanara Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program Staff is seeking Council approval of a contract with KPG, Inc. in an amount not to exceed $80,000 for on -call engineering services for the Neighborhood Traffic Calming Program. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. B. Project Completion: 2019 Overlay & Repair Project Staff is seeking Council approval of contract completion and release of retainage to Tucci and Sons, Inc. in the amount of $1,223,799.43 for the 2019 Overlay & Repair Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. C. Project Completion: Tukwila Urban Center Pedestrian Bridge Staff is seeking Council approval of contract completion and release of retainage to SB Structures, LLC. in the amount of $6,309,080.12 for the Tukwila Urban Center Pedestrian/Bicycle Bridge Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. rltZ 210 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials--------------------------------- ITEMNO. Spec 2.C. Meeting Date Prepared by Ma or's review Council review 02/24/20 GL ITEM INFORMATION STAFF SPONSOR: Scow BATES ORIGINAL AGENDA DATE: 02/24/20 AGENDA ITEM TITLE 2019 Overlay and Repair Project Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 02124120 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R []Police ®PW ❑Court SPONSOR'S The contract with Tucci and Sons, Inc. is complete for the 2019 Overlay and Repair Project. SUMMARY This project included asphalt paving at seven locations throughout the City, including a portion of the parking lot at Fort Dent Park. Construction began June 24, 2019 and was physically completed on November 20, 2019. Change orders added $10,390.00 and underruns show a credit of ($73,355.07). Council is being asked to accept and finalize the contract with Tucci and Sons for $1,223,799.43. REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/2020 COMMITTEE CHAIR: DELOSTRINOSJOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,223,799.43 $1,351,102.72 $0.00 Fund Source: 104 BRIDGES & ARTERIIAL STREETS Comments: page 16, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 01/31/2020 Notice of Completion Contract No. 19-087 Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 211 212 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Scott Bates, Traffic Engineering Project Manager CC: Mayor Ekberg DATE: January 31, 2020 SUBJECT: 2019 Overlay and Repair Project Project No. 91910401, Contract No. 19-087 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of performance bond. BACKGROUND The Notice to Proceed for Contract No. 19-087 with Tucci and Sons, Inc. of Tacoma, Washington was issued on June 24, 2019 for the 2019 Overlay and Repair Project. This overlay project provided hot mix asphalt (HMA) paving at seven locations throughout the City, a portion of the parking lot at Fort Dent Park and pavement repairs for the Andover Park East water main break. The street improvements included: pavement grinding; asphalt paving; removing and replacing concrete curbs, gutters, sidewalks and ADA ramps; adjusting surface utilities to grade; and installing roadway channelization. ANALYSIS Construction was physically completed on November 20, 2019. Two change orders were executed for a total of $10,390.00. The budget for the 2019 Overlay & Repair construction was $1,351,102.72 and included a 5% contingency, which was not utilized. Under -runs were primarily due to fewer quantities needed during the roadway excavation, haul and repair phase of the project. Construction Contract Amount $ 1,286,764.50 Additions/Change Orders 10,390.00 Under -runs (73,355.07) Total Amount Paid $ 1,223,799.43 RECOMMENDATION Council is being asked to formally accept and authorize the release of the performance bond, subject to standard claim and lien release procedures, for the 2019 Overlay and Repair Project construction contract with Tucci and Sons in the final amount of $1,223,799.43, and consider this item on the Consent Agenda at the February 24, 2020 Special Meeting. ATTACHMENT Notice of Completion Contract No. 19-087 W:1PW Eng1PROJECTSW RW & RS ProjectslAnnual Overlay & Repair Programs12019 Overlay & Repair Program(91910401)1Construcfion\ContractoAClose Out to Minfo memo 2019 Overlay Closeout 120119.docx 213 214 s•rarf� i v� LYI Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 12-2-2019 Contractor's UBI Number: 278021315 Name & Mailing Address of Public Agency Department Use Only City of Tukwila Assigned to: 6200 Southcenter Blvd Tukwila, WA 98188 Date Assigned: UBI Number: 91-6001519 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number 119-087 Job Order Contracting VNo 2019 Annual Overlay & Repair Program 91910401 ❑ Yes Description of Work Done/Include Jobsite Address(es) Hot Mix Asphalt (HMA) Overlay at seven sites all within the City of Tukwila Federally funded transportation project? ❑ Yes SK No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* Tucci and Sons lkld@tucciandsons.com 1984252 (intent only) Contractor Address Telephone # 4224 Waller Rd Tacoma, WA 98443 253-922-6676 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. VRetainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: Travelers Casualty and Surety of America 113ond Number: 107055298 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 4-25-2019 6-17-2019 10-3-2019 Were Subcontracters used on this project? If so, please complete Addendum A. Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate n/a Rulel �h (If various rates apply, please send a breakdown) Sales Tax Amount $ 1,286,764.50 $ 10,390.00 $ 73,355.07 $ 1,223,799.43 TOTAL $ 1,223,799.43 lVUl b: These two totals must be Comments: Rule 171, sales tax included. Liquidated Damages $ 0.00 Amount Disbursed$ 1,223,799.43 Amount Retained $ 0.00 TOTAL $ 1,223,799.43 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Scott Bates Email Address: Scott.Bates@tukwilawa.gov Department of Revenue Washington $rare Dlramnmi of !� Public Works Section Labor & Industries t (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LN I. WA. GOV Title: Program Manager Phone Number: 206-431-2193 Employment Security fDepartment Registration, Inquiry, Standards & Coordination Unit (360)902-9450 publicworks@esd.wa.gov REV 31 0020e (10/26/15) 17215-038-000 10-2014 215 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Able Industries 603542604 884125 Blackline Inc 601000623 890793 C&E transport Corp 602408510 884223 Carli Trucking by Looker LLC 604280337 884025 Evergreen Concrete cutting 601605667 894249 G&G Corp 601381635 Janke Trucking 602862253 885312 Krupp LLC 602889069 888086 Moby's Sweeping 603358194 894042 Mowatt incorporated 603210502 884860 Northwest traffic 602140049 O'Bunco Engineering 602045762 897085 Pac-West Grinding 603493970 893562 Strong Trucking inc 601777166 884706 Wilson Concrete Construction 602168956 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 216 City of I City Council Transportation & Infrastructure Committee Meeting Minutes February 3, 2020 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller Staff Present. David Cline, Vicky Carlsen, Henry Hash, Hari Ponnekanti, Scott Bates, Peter Lau, Adam Cox, and Gail Labanara Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program Staff is seeking Council approval of a contract with KPG, Inc. in an amount not to exceed $80,000 for on -call engineering services for the Neighborhood Traffic Calming Program. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. B. Project Completion: 2019 Overlay & Repair Project Staff is seeking Council approval of contract completion and release of retainage to Tucci and Sons, Inc. in the amount of $1,223,799.43 for the 2019 Overlay & Repair Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. C. Project Completion: Tukwila Urban Center Pedestrian Bridge Staff is seeking Council approval of contract completion and release of retainage to SB Structures, LLC. in the amount of $6,309,080.12 for the Tukwila Urban Center Pedestrian/Bicycle Bridge Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. 217 218 COUNCIL AGENDA SYNOPSIS Initials Meetin,g Date Prepared by Mayor's review Council review 02/24/20 GL ITEM INFORMATION ITEM NO. Spec 2. D. STAFF SPONSOR: SCOTT BATES ORIGINAL AGENDA DA"I•I?: 02/24/20 AGENDA ITEM TITLE Neighborhood Traffic Calming Program (NTCP) On -Call Design Consultant Selection and Agreement CATEGORY ❑ Dmuision Mtg Date ® Motion Mtg Date 02/24/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PV ❑Court SPONSOR'S This contract is for on -call engineering and design services for the Neighborhood Traffic SUMMARY Calming Program. This on -call services agreement will allow staff to address specific and more complex needs through a pre -determined fee structure without entering into individual agreements for each task. Three consultant firms were considered and KPG was chosen as the most qualified. Council is being asked to approve the on -call contract with KPG for a not to exceed amount of $80,000.00. RrVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/2020 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE. Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDI'ruRF, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000.00 $80,000.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS Comments: page 8, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 01/31/2020 Consultant Selection Scoring Matrix Page 8, 2019 CIP Consultant Agreement Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 219 220 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Scott Bates, Traffic Engineering Project Manager CC: Mayor Ekberg DATE: January 31, 2020 SUBJECT: NTCP On -call Engineering Services Contract Project No. 82010301 On -call Design Consultant Agreement Allan Ekberg, Mayor ISSUE Execute a contract with KPG, Inc. (KPG) to provide on -call engineering and design services for the Neighborhood Traffic Calming Program (NTCP). BACKGROUND On Jan 1, 2019, Tukwila established the Neighborhood Traffic Calming program to address neighborhood safety concerns through a variety of methods. The NTCP potential project list is a compilation of past concerns as well as newly reported issues. Some of the concerns can be addressed by in-house staff; some require additional engineering study or design which requires consultant support. DISCUSSION Staff has addressed many of the concerns and issues to date, but several more complex issues require additional study and/or design work before they can be addressed. Staff has selected KPG from the MRSC Roster to provide an on -call engineering contract, scope, and fee estimate. Additional consultants may be asked to do the same in the future, depending on the City's needs and KPG's availability. This on -call services agreement will allow staff to address specific needs through a pre -determined fee structure without entering into individual agreements for each task. Work will be assigned on an as -needed basis and the City does not guarantee any minimum amount of work. The consultant will be authorized by issuance of written task order. Each task order will identify the scope of work to be performed, the period of performance and the not -to -exceed amount. Total amount of this contract shall not exceed $80,000.00. FISCAL IMPACT Funding for the On -call Engineering services agreement will be provided by the 2020 NTCP design budget. KPG Contract 2020 NTCP Design Budget $80,000.00 $80,000.00 RECOMMENDATION Council is being asked to approve the contract with KPG, Inc for on -call engineering services in the amount not -to exceed $80,000.00 for the Neighborhood Traffic Calming Program and consider this item on the Consent Agenda at the February 24, 2020 Special Meeting. Attachments: Consultant Selection Scoring Matrix Page 8, 2019-2024 CIP Consultant Agreement w\pw en&rojectsla- rw & rs projectsUraffic calmingVAcp design 2020Vnfo memo nlcp 2020 kpg on -call design contract.docx 221 222 2020 NTCP On -call Contract for Traffic Engineering Design Services 0 0.d Y Y Traffic Engineering Design Experience with the City. 3 3 5 Knowledge of FHWA, State, and Tukwila Standards and Procedures 5 4 5 Traffic Calming Experience 5 4 5 Experience with Similar Projects. 4 4 5 Traffic Control Design Expertise. 4 4 4 Experienced Design Project Manager. 4 4 4 Small Scale Project Experience. 3 3 4 Staffing availbility for short notice requests. 4 4 5 ADA Design Experience 4 4 5 Public Outreach Experience. 3 3 4 Survey Crew In -House. 3 4 4 TOTALS 42 41 50 For each category, highest score is 5 (with the lowest or worst score 1) Consultant with the highest score is ranked the best. Staff: Scott Bates Selection Date: 1/7/2020 Selected Consultant: KPG, Inc. Selection Justification: The selected firm has demonstrated relevant on -call traffic engineering design experience on multiple past federal and locally funded projects including the 2019 City Traffic Calming program. KPG has provided excellent design results on City Overlay and Drainage projects as well. They have exceptional familiarity with City Public Works systems, WSDOT and FHWA standards. Based on overall score KPG prevailed. _77- 223 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 90210301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements have included 42nd Ave S, 53rd Ave S. Speed cushions installed at S 160th St. FINANCIAL Through Estimated tin Annn'sl 2n17 2n1R 2n19 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 9 80 80 80 80 80 80 80 569 Land(R/W) 0 Const. Mgmt. 0 Construction 38 320 320 320 320 320 320 320 2,278 TOTAL EXPENSES 1 47 1 01 400 1 400 1 400 1 400 1 400 1 400 1 400 1 2,847 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 47 0 400 400 400 400 400 400 400 2,847 TOTAL SOURCES 47 0 400 400 400 400 400 400 400 2,847 2019 - 2024 Capital Improvement Program 8 224 City of Tukwila Contract Number: • " 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, P.S. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform on -call engineering services in connection with the project titled Neighborhood Traffic Calming Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December, 31, 2020 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December, 31, 2020 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits "A" and "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $80,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers, in the form of Exhibit "B" hereto, to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 225 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, exceptfor injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance. The Consultant 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 by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1-2013 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 226 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification'of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised : 1-2013 Page 3 227 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorneys Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17, Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, P.S. 3131 Elliott Ave. Suite 400 Seattle, WA 98198 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2013 Page 4 228 DATED this day of 120 CITY OF TUKWILA CONSULTANT r!V B— &11 y: Allan Ekberg, Mayor Printed Name: J AIQ Cif (19 I V, Title: Pftx r MA-fjAtt-�- Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 229 IKF" Interdisciplinary Design 3131 Elliott Avenue Suite 400 Seattle, WA 98121 P 1206.286.1640 www.kpg.com Exhibit "A" Scope of Work The purpose of this on -call contract is to support the City of Tukwila with transportation analysis, engineering and design services to assist with the Neighborhood Traffic Calming Program. This work will be conducted on as -needed basis up to the budget allowances assigned for this project. The Consultant will not proceed with a task until authorized by the City. The anticipated scope of services includes, but is not limited to: • RRFB evaluation, analysis and design • Site specific traffic calming device evaluation, analysis and design • Illumination analysis, including brief summary report (if required) • Surveying, if required (use of GIS maps shall be preferred) • Signage and channelization design • Sidewalks, median islands and pedestrian facilities repair design • Drainage facilities modifications and TESC plans (if required) • Bicycle facilities improvements • Associated landscaping improvements design • Structural design for elements such as pole foundations and retaining walls (if required) • Geotechnical engineering support (if required) • Construction documents (plans, specifications and cost estimate) • Services during bid advertisements • Other engineering services as directed by the City Work on on -call contracts will be on as -needed basis, and the Consultant understands the City does not guarantee any minimum amount of work. The Consultant will be authorized to perform work under this contract by issuance of a written task order executed between the City and Consultant. Each task orderwill identify the Scope of Work to be performed, the period of performance, and the not -to -exceed amount. CA revised ; 1-2013 Page 6 230 ]KIPCX" Interdisciplinary Design 3131 Elliott Avenue Suite 400 Seattle, WA 98121 P 1206.286.1640 www.kpg.com Exhibit "A" Budget The Consultant will perform the work described herein on a direct labor costs and material basis at a not -to -exceed budget of $80,000 in accordance with the direct hourly rates shown below: Principal $231 /hour Engineering Manager $209/hour Senior Engineer $183/hour Sr. Project Engineer $165/hour Project Engineer $139/hour Design Engineer $117/hour Engineering Technician $99/hour Technician $92/hour Engineering Assistant $76/hour Survey Manager $209/hour Survey Crew II (W/Equip) $215/hour Survey Crew I (W/Equip) $166/hour Project Surveyor $139/hour Survey Technician $117/hour Survey Assistant $76/hour Urban Design Manager $165/hour Project Landscape Architect $127/hour Landscape Technician $92/hour Senior Transportation Planner $150/hour Transportation Planner $99/hour CAD Manager $150/hour Senior CAD Technician $117/hour CAD Technician $99/hour Business Manager $150/hour Senior Admin $114/hour Office Ad min $92/hour Office Assistant $76/hour Reimbursables will be billed at actual costs. Mileage billed at the current approved IRS mileage rate. Staffing will be determined by the Consultant based on specific project needs. The Consultant shall provide notification and receive written approval prior to exceeding the approved project budget. Expenses and sub -consultants will be paid by invoice with no mark-up. CA revised : 1-2013 Page 7 231 To: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Contractor: Mailing Address: _ Specific Program: Contract Period: Amount Requested This Invoice: $ Invoice Number: Authorized Signature Budget Summary: Total Contract Amount: Previous Payments: Current Request: Total Requested This Contract to Date Total Contract Amount: CA revised : 1-2013 EXHIBIT "B" Billing Voucher Telephone: Reporting Period: Date of Invoice: $ Q Page 8 232 City of I City Council Transportation & Infrastructure Committee Meeting Minutes February 3, 2020 - 5:30 p. m. - Foster Conference Room, 6300 Building Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller StoffPresent: David Cline, Vicky Carlsen, Henry Hash, Hari Ponnekanti, Scott Bates, Peter Lau, Adam Cox, and Gail Labanara Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program Staff is seeking Council approval of a contract with KPG, Inc. in an amount not to exceed $80,000 for on -call engineering services for the Neighborhood Traffic Calming Program. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. B. Project Completion: 2019 Overlay & Repair Project Staff is seeking Council approval of contract completion and release of retainage to Tucci and Sons, Inc. in the amount of $1,223,799.43 for the 2019 Overlay & Repair Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. C. Project Completion: Tukwila Urban Center Pedestrian Bridge Staff is seeking Council approval of contract completion and release of retainage to SB Structures, LLC. in the amount of $6,309,080.12 for the Tukwila Urban Center Pedestrian/Bicycle Bridge Project. Final project costs were under budget. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. 233 234 COUNCIL AGENDA SYNOPSIS ----------------------------------Initial& Meefingo Date Prepared by M or's review Council review 02/24/20 GL ITEM INFORMATION ITEMNO. Spec 2.E. STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 02/24/20 AGENDA ITEM TITLE Public Works Fleet & Facilities Building Geotechnical Engineering Consultant Selection and Agreement CATEGORY ❑ Dismssion Mtg Date ® Motion Mtg Date 02/24/20 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R []Police ®PW [:]Court SPONSOR'S This contract is for geotechnical engineering services for the Public Works Fleet and SUMMARY Facilities Building. This geotechnical engineering soil exploration and design services agreement will support the seismic improvements to the Heiser building. Council is being asked to approve the geotechnical engineering agreement with Hart Crowser, Inc. for a not to exceed amount of $80,000.00. REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/03/2020 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000.00 $36,200,000.00 $0.00 Fund Source: 306 FUND - PUBLIC WORKS SHOPS Comments: page 59, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum dated 01/31/2020 (revised after 2/3/2020 TIC) Photos Consultant Agreement Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020 235 236 City of Tukwila Allan Ekberg, Mayor Public Works Deportment- HenryHosh, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Hari Ponnekanti, Deputy PW Director CC: Mayor Allan Ekberg DATE: January 31, 2020 (revised after 21312020 TIC) SUBJECT: Public Works Fleet & Facilities Building & Minkler Improvements Project Nos. 91630601, 91930606 Project Update and Consultant Agreement ISSUE Approve a gee -test} geotechnical consultant contract and provide an update on the PW Fleet and Facilities tenant improvements and Minkler Shop Upgrades. BACKGROUND On 12/2/19, Council approved the PW Fleet and Facilities tenant improvements project budget in the amount of $9.5 million dollars and the Minkler Interim Improvements budget in the amount of $500,000. The total budget for PW Fleet and Facilities is $35,700,000.00 with funding split 50/50 with the General Fund and Water/Sewer/ SWM Utilities. FlWin'$-ll"i7L1 PW Fleet and Facilities Tenant Improvement 1. Demolition of the two outbuildings is complete. See attached progress pictures. 2. Approve the attached geotechnical contract for evaluating seismic design for tenant improvements with Hart Crowser, Inc. in the amount not to exceed $80,000. Minkler Shops Interim Improvements 3. Saybr's (JOC) re-evaluating the project scope and cost estimates. PHASE 1 FINANCIAL IMPACT Expenditures 2019/2020 Budget Land & Master Plan (2017-2019) $ 26,102,880.84 SHKS Design Am No. 2 570,768.00 Geotechnical Services 80,000.00 Estimate - Soft Costs 2,229,232.00 Estimate - Construction 6,700,000.00 Funding - General Fund $17,850,000.00 Funding - Utilities 17,850,000.00 Estimate Minkler Interim Improvements 500,000.00 500,000.00 Total $ 36,182,880.84 $ 36,200,0 00.00 RECOMMENDATION Council is being asked to approve the contract with Hart Crowser, Inc. for geotechnical engineering soil exploration services in the amount not to exceed $80,000.00 for the Public Works Fleet and Facilities Building and consider this item on the Consent Agenda at the February 24, 2020 Special Meeting. Attachments: Photos Consultant Agreement WAPW EngTROJECTSW BG ProjectM01 Public Safety PlanTW Shops First Phase (91630601)Vnfo Memo for PW F & F Update 02042020.docz 237 238 Demolition Pictures N W CO 240 City of Tukwila Contract Number: • , 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Hart Crowser, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform geotechnical engineering soil exploration services in connection with the project titled City Of Tukwila Public Works Fleet and Facilities Building Tenant Improvements Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December, 31, 2020 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December, 31, 2020 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A, provided that the total amount of payment to the Consultant shall not exceed $80,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers, to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 241 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant 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 by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 242 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Page 3 243 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Hart Crowser, Inc. 3131 Elliott Avenue, Ste 600 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. Page 4 244 DATED this CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty day of 120 CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 245 246 EXHIBIT N— Geotechnical Engineering Services for Tukwila Seismic Update Prepared for City of Tukwila January20, 2020 A HA. RTCROWSB? 247 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project HART CROMER - OUR BACKGROUND AND EXPERIENCE This document presents our proposed scope and costs to provide geotechnical engineering soil exploration and design services supporting the Tukwila Seismic Update Project located at 11210 Tukwila International Blvd. Hart Crowser is a 120-person geotechnical and environmental engineering firm that has been supporting new development and redevelopments in the Puget Sound area since 1974. We specialize in geotechnical design and construction of buildings and environmental construction management in the Pacific Northwest. Our staff are available to begin work immediately and help meet your project schedule. Hart Crowser is familiar with the subsurface conditions and issues affecting site development. Recently, under contract to King County (County), Hart Crowser provided third -party review of another geotechnical consultant's work on the Chinook Wind property, immediately south of the project site. The County was so pleased with our quality of work that they replaced their geotechnical engineer with Hart Crowser. Based on our work on the adjacent site, we have access to nearby soil exploration and have already performed liquefaction assessment and slope stability analyses for conditions that are expected to be very similar at your project site. Doug Lindquist, PE, LEED AP will lead the Hart Crowser team. He is an award -winning Geotechnical and Seismic Engineer with over 20 years of local experience on hundreds of projects. Doug has the unique ability to convey complicated technical issues understandably and works tirelessly with developers and their teams to optimize foundation and structural systems to improve safety and lower costs. Doug is an expert on seismic design and soil -structure interaction. His experience includes liquefaction assessment, site -specific seismic hazard analysis, basin effects evaluation, ground motion selection, spectral matching of ground motions, and conditional mean spectrum analysis. His role on the project will include achieving and maintaining a high level of client and team satisfaction with Hart Crowser's work while leading our team of engineers and scientists. The engineering work will be performed by Hart Crowser staff. We will retain subcontractors to provide specialty contractor services for the soil exploration program. We will retain a drilling subcontractor to perform the soil borings, cone penetration test (CPT) subcontractor for the CPT probes, and a utility locating firm to mark and check for utilities near the exploration locations. FEE PROPOSAL Project Understanding We understand that the project will consist of completing a seismic evaluation of the existing Heiser Building. In addition, soil explorations will be performed around the site with a focus on the southern property boundary for future site development. The site is bound by South 112th Street to the north and Tukwila International Boulevard to the west in Tukwila, Washington. The site also includes a one-story commercial building in the southwest corner, which was recently demolished and is part of this project to be considered for future development of a metal -framed building. The existing grade of the site is relatively flat with a slight east -west slope resulting in an elevation change of about 5 feet. rur H RTOWII&SER Page I 'I NM Geotechnical Engineering Design Services for The Tukwila Seismic Update Project The seismic evaluation will focus on the older western wing of the Heiser building. The Heiser building is currently supported on a shallow foundation system with a thickened edge. Following evaluation, we will prepare recommendations for the seismic update of the building using a code -based response spectrum. We will also provide recommendations for foundation support and assess liquefaction potential and its effects. Our understanding of subsurface conditions is based on nearby soil borings, many of which are not located on the site. Based on these explorations, the subsurface materials in the project vicinity likely consist of less than about 10 feet of fill soils over alluvial deposits. The alluvium generally consists of layers of loose silty sand, clean sand, and silt. Many of these layers are susceptible to liquefaction in a seismic event. Below the alluvium deposit, glacial till was generally encountered at a depth ranging between 100 and 120 feet. The glacial till consists of very dense silty sand with gravel. The regional groundwater table is anticipated to be encountered at a depth of about 10 to 15 feet below the adjacent grades. Based on these conditions, we anticipate the groundwater to have an effect on the seismic evaluation as well as the liquefaction potential of the alluvial deposits. Design Scope of Work We anticipate the geotechnical engineering design requirements for the above -described overall approach will consist of the following components: ■ Task 1. Geotechnical Explorations and Laboratory Testing ■ Task 2. Geotechnical Engineering Design Services We understand environmental services for the site are not included in this scope of work. Hart Crowser can provide environmental services, as needed, under a separate scope of work. We will note observations of environmentally impacted soil in our geotechnical borings. Our scope of work for this proposal ends with the delivery of our Geotechnical Engineering Design Study. Post -report services can be an added service at a later date. Task 1 — Geotechnical Explorations and Laboratory Testing Our philosophy for performing subsurface explorations and testing is to collect sufficient data to optimize the reduction in risk for construction change orders and the cost of collecting the data. Subtask 1.1 — Soil Explorations We have existing borings available from our geotechnical engineering design support for the adjacent property to the south of the proposed development. However, there are no existing historical boring explorations within the site. Exploration borings will be required for development of our geotechnical and seismic design recommendations. We propose drilling four borings and pushing three CPTs at the site. Three of the four borings will be approximately 80 feet deep in order complete a design -level geotechnical study for foundation stabilization and deep foundation recommendations. The fourth boring will be drilled to approximately to Page K4RTO?OWSCR 249 Geotechnica! Engineering Design Services for The Tukwila Seismic Update Project 130 feet deep to obtain data within the glacial till at depth. In addition, we propose that the three CPT probes be pushed to refusal, which is estimated to occur in the glacial till at depths of 100 to 120 feet. At one of the CPT boring locations, we propose to perform a seismic shear wave velocity test to better characterize the subsurface soils, evaluate the seismic site classification, and for use in the site -specific seismic response analysis, if required. The borings will be coordinated in the field by Hart Crowser personnel. All explorations will be observed by a geotechnical engineer or geologist from our firm who will collect samples and prepare continuous logs of the soil and groundwater conditions encountered. Samples will be retrieved from the borings and returned to our laboratory for further evaluation and limited index testing. Our work and cost for this task is based on these assumptions: We will be given right -of -entry to the site to perform our work during normal business hours. We will mark the soil exploration locations in the field with paint. We will be provided with maps showing the accurate locations of all underground utilities on the private property. ♦ We will retain a utility locate service and perform a one -call utility locate. ♦ The site soil is environmentally clean and can be placed in drums and disposed of as clean waste. ♦ Traffic control other than cones is not required. ♦ Site restoration is not required other than standard clean-up and patching of pavement. ♦ Refusal may occur in dense soil or gravels. s Field work will be performed uninterrupted until it is completed. Limitations of Utility Locates. We are required by State Law to call a Utility Location Center (811) before performing subsurface explorations. This "one -call system" prompts multiple utility owners to clear exploration locations in the public right-of-way. Location of utilities on private property is the responsibility of the property owner or facility operator. Hart Crowser conducts research for private properties, including hiring a private firm that uses specialized equipment to locate conducting underground utilities and reviewing plans provided by the owner and city utility maps available online. Such services by the Consultant or its Subconsultant will be performed in a manner consistent with the ordinary standard of professional care. The Client acknowledges that such research may not identify all utilities, such as plastic water and gas lines, plastic or tile sewer lines, concrete or plastic drain lines, or fiber optic lines, and that the information upon which Hart Crowser reasonably relies may contain errors or be incomplete. Hart Crowser cannot be held responsible for damages, including consequential damages, related to striking underground utilities that are not shown on plans or made of a conducting material, and that could not be reasonably detected. Subtask 1.2 — Laboratory Testing Our laboratory testing program will focus on the index properties of the soils, including water contents, grain size, and Atterberg limits. The grain size and Atterberg limit characteristics will allow correlation with liquefaction and lateral spreading methods of evaluation of site soils. Moisture content of the soil samples can give an indication of the groundwater table. These tests will be performed in Hart Crowser's geotechnical laboratory in Seattle, Washington. K4RTCROWSM Page 250 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project Task 2 — Geotechnical Engineering Design Services Subtask 2.1 — Geotechnical Engineering Analyses and Evaluations Seismic Evaluation. Lund Opsahl, the structural engineer, estimated that the current Heiser building has a period of less than one-half second. This will allow use of a code -based response spectrum. If this estimate changes, we included an optional task 2.3 to perform additional seismic analyses that would be required by the building code. We will also assess liquefaction potential of the site soils as well as the hazard potential of lateral spreading. Because of the building code change occurring July 1, 2020, we will provide code -based design parameters for both ASCE 7-10 and ASCE 7-16 as part of our work. Foundations. We expect new foundations to be required to support seismic bracing of the Heiser building. We will prepare shallow and deep foundation design recommendations and discuss ground improvement options. Deep foundations may include augercast piles, micropiles, and helical piles. Subtask 2.2 — Meetings and Reporting We expect that we may participate in up to two team meetings. Upon completion of our exploration work, we recommend an interim design review meeting at which we will present our recommendations and findings to date, and discuss ways to further optimize our results. We see this meeting, as well as subsequent team meetings, as an opportunity to take part in critical value engineering of the geotechnical aspects of the project. Our final report will present our findings, our field and laboratory data, detailed design and construction recommendations, and recommendations for further studies, if needed. We expect the report to be a usable document, with specific design and construction criteria. Subtask 2.3 — Optional: Site -Specific Seismic Analysis If the building period is greater than one-half second, then a site -specific seismic analysis will be needed to properly complete the seismic evaluation. Our seismic team is very familiar with the requirements of the International Building Code (IBC) and American Society of Civil Engineers (ASCE) 7 seismic design and will work with our staff and the team's seismic engineers to identify appropriate dynamic spring constants, the IBC site coefficients, and other criteria as needed. Hart Crowser will be responsible for developing the site - specific seismic hazard and selecting and scaling earthquake ground motion records of acceleration for input to the structural engineer's seismic analysis. Fees We will perform the scope of work presented herein for a lump sum fee shown below. The detail below is presented for informational purposes to illustrate the relative costs of the various work tasks to develop an appropriate total fee. Individual tasks may take more or less effort than shown. Task 1 - Field Explorations and Laboratory Testing Subtask 1.1 Subcontract Drilling (four SPT and three CPT borings) $27,000 Hart Crowser Field Services $12,500 Subtask 1.2 Laboratory Testing $3,500 TASK 1 SUBTOTAL $43,000 Page l Arm Y I MTCROWSME 251 Task 2 — Geotechnical Engineering Design Services Subtask 2.1 Geotechnical Engineering Analysis and Evaluations Subtask 2.2 Meetings and Reporting (Optional) Subtask 2.3 Optional: Site -Specific Seismic Analysis Task 2 Subtotal Geotechnical Engineering Design Services for The Tukwila Seismic Update Project $16, 000 $6,000 15 000 $22,000 to $37,000 DESIGN TOTAL (Task 1 + Task 2) $65,000 to $80,000 Post -Report Services (not included in this proposal) Our consulting services after the geotechnical report has been submitted to the design team are often some of the most valuable time we spend on the project. It is during this phase of the work that most of the actual building and site design takes place. During this time, specific value engineering concepts are offered, evaluated, incorporated, or rejected. Sometimes the needs of the owner change, the nature of the building evolves, or the performance requirements are modified. Geotechnical consultation on items such as these is important to maintaining a tight schedule, the success of the design, and the performance of the construction. During this time, our engineers will interact with the design team, participate in team meetings, conduct design checks, and modify recommendations as needed to adapt to the changing needs of the project. The goal is a set of final geotechnical recommendations that are specific, useful, and cost- effective. As part of this task, we can also review the contract plans and specifications to verify that our recommendations have been properly incorporated into the plans and contract documents. In addition, we support responses to any city questions or comments on the project drawings. Because of the unquantified scope and duration of work, we recommend that these services be performed on a time and materials basis in accordance with an initial $3,000 budgeted as a placeholder amount for these services. We expect these services would be authorized around the time of completion of our design study. Terms and Conditions The design scope of work outlined above will be billed on a lump sum basis at the end of each month as a percent of project completed. Our services will be performed in accordance with the standard of care of our profession. If project requirements change, requiring additional work, we will notify you and seek your approval for an addendum to the lump sum cost. The attached Terms and Conditions and any exhibits or attachments referenced herein are incorporated into our agreement with you, and, by your authorization to proceed, you are agreeing to these Terms and Conditions. Please acknowledge your acceptance of this work by having this letter agreement properly signed and returning a signed copy to us. Any changes to our agreement must be in writing and mutually agreed to. We intend to use the attached example Contract Change form to effectively implement and document any changes. We suggest any future work performed for you be completed as an amendment to this contract. This proposal is valid for up to 90 days. Services are to be completed within one year of contract execution or the rates may be renegotiated. MRTCROWSFR Page 252 Geotechnical Engineering Design Services for The Tukwila Seismic Update Project We appreciate this opportunity to submit our proposal and look forward to your favorable consideration. If we may provide any additional information or clarification of this proposal, please call us. Sincerely, HART CROWSER, INC. S': �'- o DOUGLAS D. LINDQUIST, PE, LEED AP EAMAAN TABATABAI, PE Principal, Geotechnical Engineer Project, Geotechnical Engineer Attachments: HC Terms and Conditions (November 2019) Contract Change Form Initial here to authorize the optional Subtask 2.3: ACCEPTED FOR CITY OF TUKWILA BY: Signature Name/Title - Please Print Date \\seafs\Projects\Noteboo ks\20S1140011_TukwiIa_Seismic_Upgrade\Deliverables\Proposal\Tukwila Seismic Update Proposal.docx Page A LI H/ RTCROWSER 253 254 TERMS AND CONDITIONS 1. SERVICES TO BE PROVIDED AND STANDARD OF CARE. HART CROWSER, INC. (hereinafter "HART CROWSER"), agrees to provide CLIENT (as identified in attached Proposal), for its sole benefit and exclusive use, consulting services set forth in the Proposal. HART CROWSER's offer to perform shall terminate if not accepted within one hundred twenty (120) days of the date of the Proposal. HART CROWSER's services shall be performed in accordance with the standard of care of its profession, which means generally accepted professional practices, in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed. HART CROWSER MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING ITS SERVICES, including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose. Both parties agree that no third -party beneficiaries are intended by this AGREEMENT, which is defined to include these Terms and Conditions, the attached Proposal, and attachments referenced in the Proposal. 2. PAYMENT. HART CROWSER will submit invoices to CLIENT for the preceding month's services, and a final bill upon completion of services rendered according to the AGREEMENT. Invoices will be in a format consistent with the attached example marked Exhibit A. Payment is due within thirty (30) days of the invoice date, unless CLIENT notifies HART CROWSER in writing, within ten (10) days of the invoice date, of any dispute with the invoice. CLIENT and HART CROWSER vrill in good faith attempt to promptly resolve any disputed invoice amounts. All undisputed invoice amounts will be considered delinquent if not received by HART CROWSER within thirty (30) days after the invoice date. Any action, claim, lien, or legal disputes arising from such delinquent amounts and initiated by HART CROWSER are not subject to the requirements set forth in Paragraph 14 of this AGREEMENT. Interest will be added to delinquent amounts at the rate of one and one-half percent (1.5%) per month of the total arrearage, or the maximum rate allowed by law. Payments received for delinquent amounts will be applied first against interest and then against principal. HART CROWSER may suspend or terminate services under this AGREEMENT for CLIENT's failure to make timely payments after tendering seven (7) days written notice to CLIENT, and all reasonable demobilization and other suspension costs will be paid by CLIENT. Failure to make payment within the time limits set forth in this paragraph is a material breach and excuses HART CROWSER from any performance under this AGREEMENT. CLIENT shall pay HART CROWSER for all time spent and all costs, expenses, and fees incurred (including attorney fees) in connection with perfecting liens or collecting any delinquent amount(s). 3. RIGHT OF ENTRY, PROPERTY RESPONSIBILITY, AND HAZARDOUS SUBSTANCES OR CONDITIONS. CLIENT shall provide HART CROWSER legal access to and/or obtain permission for HART CROWSER to enter upon all property, whether or not owned by CLIENT, as required by HART CROWSER to perform and complete its services. CLIENT warrants that, prior to HART CROWSER beginning the work, it shall provide HART CROWSER with all information known or which should reasonably be known by CLIENT concerning the past or present use of the property, including the nature and existence of any hazardous substances, or hazardous or ultrahazardous conditions on, in, under, adjacent to, or near the property. HART CROWSER has responsibility for its own activities on the property including the safety of its employees; it does not assume control of, nor responsibility for, the property, the person in charge of the property, nor the safety or control of persons not in HART CROWSER's employ. CLIENT agrees that HART CROWSER has no responsibility as a handler, generator, operator, treater, storer, transporter, disposer, or arranger of the transportation and/or disposal of hazardous substances found or identified at the project property. CLIENT further agrees that it shall be responsible for arranging for the transportation and/or disposal of hazardous substances found or identified at the project property. 4. LIMITATION OF LIABILITY. CLIENT expressly agrees that to the fullest extent permitted by law, HART CROWSER's maximum liability to CLIENT for any and all claims by CLIENT and any other person or entity, arising from HART CROWSER's professional acts, errors, or omissions, shall be the amount of HART CROWSER's fee for professional services or $50,000, whichever is greater. The foregoing limit is in the aggregate for any and all claims asserted against HART CROWSER. In the event CLIENT desires a higher limitation of liability, HART CROWSER may increase this limit for a higher fee commensurate with the increased risk to HART CROWSER, and this paragraph will be amended by separate written agreement. As used in this paragraph, the term "liability" means liability of any kind, whether in contract (including breach of warranty), in tort (including negligence), in strict liability, or otherwise, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to HART CROWSER's services or the services of HART CROWSER's subcontractors, consultants, agents, officers, directors, and employees from any cause(s). HART CROWSER shall not be liable for any claims of loss of profits or any other indirect, incidental, or consequential damages of any nature whatsoever. Further, no officer, director, shareholder or employee of Hart Crowser shall bear any personal liability to CLIENT for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided by Hart Crowser on this project. 5. INDEMNIFICATION. CLIENT shall indemnify, defend, and hold harmless HART CROWSER and its subcontractors, consultants, agents, officers, directors, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney fees and court costs arising out of or in any way related to the services or work of HART CROWSER, HART CROWSER's presence on the project property, or the presence, release, or threatened release of asbestos, hazardous substances, or pollutants on or from the project property; provided that such indemnification shall not apply to such claims, damages, losses, or expenses that arise out of bodily injury to persons or damage to property to the extent they are caused by HART CROWSER's sole negligence or willful misconduct; and provided further that CLIENT shall indemnify HART CROWSER against liability for damages, losses, or expenses arising out of bodily injury to persons or damage to property, and caused by or resulting from the concurrent negligence of (a) CLIENT, its subcontractors, consultants, agents, or employees and (b) HART CROWSER, its subcontractors, consultants, agents, or employees, only to the extent of CLIENT's negligence or the negligence of CLIENT's subcontractors, consultants, agents, or employees. To the fullest extent permitted by law, such indemnification shall apply regardless of the breach of contract, negligence, or strict liability of HART CROWSER. 6. DISPOSAL OF SAMPLES, MATERIALS, OR EQUIPMENT, AND WELL ABANDONMENT. Any non -hazardous samples will be discarded ninety (90) days after sampling unless different arrangements are agreed to in writing. Samples, materials, or equipment containing hazardous substances that are regulated under federal, state, or local environmental laws shall be returned to CLIENT at CLIENT's expense. Alternatively, CLIENT may request in writing, pay, arrange, and assume responsibility for the contaminated samples, materials, or equipment to be transported to a disposal site in compliance with all applicable laws; HART CROWSER will act as a bailee and will not be arranging for the transportation or disposal of the contaminated samples, materials, or equipment. Any wells installed as part of HART CROWSER's work may later need to be properly abandoned and recorded in accordance with applicable law. Unless expressly provided for in the Proposal, proper well abandonment and recording, and associated costs, are not included in this AGREEMENT. 7. UNFORESEEN OCCURRENCES, SUBSURFACE RISKS, AND SITE DAMAGE. If any unforeseen conditions or occurrences are encountered which, in HART CROWSER's judgment, significantly affect or may affect the recommended scope of work, HART CROWSER will notify CLIENT. After such notification, HART CROWSER will complete the original scope of work, if appropriate, or agree with CLIENT to modify the AGREEMENT, or terminate the AGREEMENT pursuant to Paragraph 10 if the parties are unable to reach agreement. CLIENT recognizes that special risks occur and .,guarantees" cannot be expected whenever professional consulting services are applied to determine the composition or makeup of a site's subsurface, or the existence or non-existence of particular man-made or natural subsurface conditions, features, or substances, including but not limited to hazardous substances. CLIENT has the duty to disclose to HART CROWSER any such known or suspected conditions, substances, or features in writing or by notation on plans or drawings provided by CLIENT. Even with adequate disclosure by CLIENT, HART CROWSER can only minimize these risks by applying the standard of care of its profession, and CLIENT agrees to accept this level of risk. When HART CROWSER is providing field HC T&C (November 2019) Sheet 1 of 2 255 services, CLIENT recognizes that the use of exploration and test equipment may unavoidably damage or alter the project property surface or subsurface, and CLIENT agrees to assume responsibility for such unavoidable damages or alterations. Finally, CLIENT agrees to assume responsibility for personal and property damages caused by HART CROWSER's interference with subterranean structures, including but not limited to pipes, tanks, utility lines, passageways, tunnels, openings, or other such conditions, substances, or features that are not called to HART CROWSER's attention in writing or correctly shown on plans or drawings provided by CLIENT. 8. REPORTS, RECOMMENDATIONS, OWNERSHIP OF DOCUMENTS, AND ELECTRONIC DATA. Reports, recommendations, electronic data, and other materials resulting from HART CROWSER's efforts are intended solely for the CLIENT, for the purposes of this AGREEMENT; any reuse by CLIENT or others for purposes outside of this AGREEMENT, or any failure to follow HART CROWSER's recommendations without HART CROWSER's written permission, shall be at the user's sole risk. CLIENT shall furnish such reports, data, studies, plans, specifications, documents, and other information deemed necessary by HART CROWSER for proper performance of its services. HART CROWSER may rely upon CLIENT -provided documents in performing the services required under this AGREEMENT; however, HART CROWSER assumes no responsibility or liability for their accuracy. CLIENT -provided documents will remain property of CLIENT. After use by HART CROWSER, CLIENT -provided documents will be kept or disposed of at HART CROWSER's sole discretion, unless return to the CLIENT has been previously agreed to by HART CROWSER. All proposals, reports, field notes, calculations, estimates, electronic data, and other documents that are prepared as instruments of service, shall remain HART CROWSER's property, and HART CROWSER shall retain copyrights to these materials. All proposals, reports, field notes, calculations, estimates, electronic data, and other documents prepared by HART CROWSER are not Works Made for Hire as defined under the 1976 Copyright Act. HART CROWSER will retain all pertinent records relating to services performed in accordance with HART CROWSER's normal records retention policy (copy available upon request) unless HART CROWSER agrees to other arrangements. At CLIENT's expense and at CLIENT's request, CLIENT may obtain copies of records retained by HART CROWSER. If CLIENT requests and HART CROWSER agrees to provide any information in electronic format, use of all such information shall be at CLIENT's sole risk. Because of the possibility that electronic information and data delivered in machine readable form may be altered, inadvertently or otherwise, HART CROWSER reserves the right to retain the original tapes and disks. HART CROWSER also reserves the right to retain hard copy originals of all project documentation delivered to the CLIENT in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. HART CROWSER MAKES NO WARRANTIES REGARDING REPORTS, 9. FORCE MAJEURE. It shall be deemed that neither party to this AGREEMENT will be in default under the terms of this AGREEMENT if performance of services is suspended or is prevented or prohibited by law; by inability to obtain permits or licenses; by scarcity or inability to obtain equipment, material, power, fuel, data, or information from parties not under the express control of HART CROWSER; by strike, lockout, or industrial disturbance; by failure of carriers to transport or furnish facilities for transportation; by operation of force majeure (including, without limitation, fire, lightning, earthquake, storm, eruption, flood, washout, cave-in, slides), breakage, or accident to machinery or facilities; or by any cause or action of third parties beyond HART CROWSER's control; provided, however, that HART CROWSER shall exercise reasonable diligence to resume services. 10. TERMINATION. This AGREEMENT may be terminated by either party upon receipt of written notice for (1) convenience, or (2) for substantial or material failure to perform in accordance with terms hereof through no fault of the terminating party. Except for termination arising out of delinquency in payment for HART CROWSER's services, such termination shall not be effective unless: (i) no less than seven (7) calendar days notice of intent to terminate has been provided; (ii) the notice specifies "for convenience" or the nature of the substantial or material failure; and (iii) the notified party has had an opportunity to consult with the terminating party to discuss the termination "for convenience" or cure the substantial failure before expiration of the period specified in the written notice, which shall not be less than seven (7) calendar days. In the event of termination, HART CROWSER shall be paid for services performed up to the termination date, and reasonable termination expenses, including all direct costs and all expenses incurred or committed to that cannot be canceled without penalty. If CLIENT terminates for convenience, a termination charge of five percent (5%) of HART CROWSER's total fee earned to date or $500, whichever is greater, will be immediately due and payable, in addition to the above costs. 11. CERTIFICATION. HART CROWSER shall not be required to execute any certification with regard to work or services performed, tested, or observed under this AGREEMENT unless: i) HART CROWSER believes that sufficient work has been performed by HART CROWSER to provide an adequate basis to issue the certification; ii) HART CROWSER believes that the work performed, tested, or observed meets the criteria of the certification; and iii) the form of such certification has been approved by HART CROWSER, in writing, prior to execution of this AGREEMENT. Unless expressly provided for otherwise in writing by HART CROWSER, a certification fee of $1,500 will be due and payable for the first certification HART CROWSER has agreed to perform on this project and $750 for each additional certification. 12. SEVERABILITY AND SURVIVAL. Any element of this AGREEMENT later held to violate a law shall be deemed void, and all remaining provisions shall continue in force. All Terms and Conditions of this AGREEMENT allocating liability between CLIENT and HART CROWSER, including in particular Paragraphs 4 and 5, shall survive the completion of the services and the termination of this AGREEMENT. 13. INTERPRETATIONS AND TIME BAR TO LEGAL ACTION. Interpretations and enforcement of this AGREEMENT shall be governed by the laws of the State of Washington. All legal actions of any kind by either party against the other related to this AGREEMENT (except actions for non-payment), shall be barred after one (1) year has passed from the time the claimant knew or should have known of its claim, and under no circumstances shall be initiated after two (2) years have passed from the date by which HART CROWSER completes its services. 14. DISPUTES RESOLUTION. Except as provided in the provisions for Payment, Paragraph 2, in the event of any dispute, claim, cause of action, or other disagreement arising from or relating to this AGREEMENT, the parties shall in good faith use their best efforts to settle such dispute, claim, cause of action, question, or disagreement. If they do not reach a settlement within sixty (60) days, the parties agree to submit the dispute to mediation before resorting to litigation. If a dispute at law arises related to the services provided under this AGREEMENT, and such dispute cannot be resolved by negotiation or mediation: (i) CLIENT assents to personal jurisdiction in the State of Washington; (ii) the claim will be brought and tried in either the federal or state jurisdiction in the county where HART CROWSER's principal place of business is located, and CLIENT waives the right to transfer the action to any other county or judicial jurisdiction; and (iii) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney fees, and other claim -related expenses. 15. PRECEDENCE AND ENTIRE AGREEMENT. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions, oral or written, contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding HART CROWSER's services. CLIENT and HART CROWSER agree that all provisions of these Terms and Conditions were mutually negotiated and agreed upon, and that this AGREEMENT represents the entire AGREEMENT between the parties. No modification or alteration of any provision of this AGREEMENT shall be binding upon either CLIENT or HART CROWSER, unless such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such modification or alteration is sought to be enforced. 16. MISCELLANEOUS PROVISIONS. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Performance of this AGREEMENT may not be assigned by either party without the express written consent of the other, and CLIENT shall not assign any of its legal remedies or courses of action arising from or relating to HART CROWSER's performance of or breach of this AGREEMENT without the express written consent of HART CROWSER. No waiver of any right or remedy in respect of any occurrence shall be deemed a wavier of such right or remedy in respect of such occurrence on any other occasion. CLIENT and HART CROWSER acknowledge that they have had the opportunity to have this AGREEMENT and all matters related thereto, reviewed by their legal counsel. HC T&C (November 2019) Sheet 2 of 2 256 t/ AL/ ; HARTCROWSERR CHANGE NO. CLIENT JOB NO. PROJECT CONTRACT CHANGE Description of Work Date: TotalCosts..................................................................................................................................... $XX,XXX This change amends contract between and Hart Crowser dated under Hart Crowser job number . Except as amended above, all terms and conditions apply to this Contract Change. To indicate your acceptance, please return one signed copy. CLIENT By: Printed Name: HART CROWSER, INC. By: Printed Name: J:\Docs\Standards\Terms and Conditions\Example Contract Change ELH.doc 3131 Elliott Avenue. Suite 600 Seattle. Washington 98121 Fax 206328,5581 Tel 206. 324. 9530 Date: Date: 257 258 Transportation & Infrastructure Committee Minutes........................................................................................ February 3, 2020 D. Consultant Contract: Public Works Fleet & Facilities Building Staff is seeking Council approval of a contract with Hart Crowser, Inc. in an amount not to exceed $80,000 for geotechnical engineering soil exploration services for the Public Works Fleet & Facilities Building. Committee Recommendation Unanimous approval. Forward to February 24, 2020 Special Consent Agenda. E. Update: 42nd Avenue South Bridge Replacement Project Staff is seeking Committee direction on next steps for the 42nd Avenue South Bridge Replacement project. City Administrator, David Cline, reported on the various meetings he and Mayor Allan Ekberg had last week with state legislators, discussing funding for the 42nd Ave S Bridge. The feedback that they received was for the City to start design of the bridge in order to have it "shovel ready". The Committee discussed the recommendation to move forward with an in-depth structural inspection of the bridge, which is necessary to better understand its current condition. Committee question(s) requiring follow up Is there a possibility of using Build America, PSRC, or State TIB grant funding for match? Committee Recommendation The Committee concurred with staff's recommendation of moving forward with all 3 Options that were presented. The Committee approved moving forward with an in-depth structural inspection and to begin the full design process, with the understanding that staff will continue to pursue grant funding. Forward to Finance Committee for funding options on the full design of 42nd Ave S Bridge. 181&T4:4RW.11�IX6Ii�1 David Cline reported that Administration met with the Sounders regarding their future plans. Counckmember Kruller requested the citywide pavement condition rating. Gail Labanara reported back on the timeline of the Allentown/Foster Point and Duwamish sewer projects, as well as future sewer projects in beyond for Grandmother's Hill and Ryan Hill. The meeting adjourned at 6:30 p.m. 40V Committee Chair Approval Minutes by GL, reviewed by LH 259 260 COUNCIL AGENDA SYNOPSIS -------------------------Initials Meeting Date Prepared by Mayor's review Council review 02/24/20 JP ITEM INFORMATION ITEM NO. Spec 2. F. S'I'AFl- SPONSOR: JUAN PADILA O121GIN;\],AG1,,ND.\ DA'1'I?: 02/24/20 AGENDA I'rEM Trrl,E Contract for Services ORCA Business Passort Cards CA'r1 GORY ❑ Discxrsion Mtg Date ® Motion Mtg Date 02/24/20 ❑ Resolution g Date Alt ❑ Ordinance Alt g Date ❑ Bid Award Mtg Date ❑ Public Hearing 111tg Date ❑ Other Aft Date SPONSOR ❑Council ❑Mayor ®HR ❑DCD ❑.Finance ❑Fire ❑TS ❑P&R []Police 0111V ❑Court SPONSOR'S Authorize Mayor to sign a contract with King County for ORCA Business Passport Cards to SUMMARY provide a commuting benefit to city employees as part of the Commute Trip Reduction Program. REVIIi\\ L'.1� BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/10/20 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONsoR/ADMIN. Human Resources COMMITTEE Forward to the February 24, 2020 Special Meeting Consent Agenda. COST IMPACT / FUND SOURCE EXPENDTTURI'. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $73,695 $91,000 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/24/20 MTG. DATE ATTACHMENTS 02/24/20 Informational Memorandum 02/05/20 Contract with King County for ORCA Business Passport Cards Minutes from the 02/10/20 Finance Committee Meeting 261 262 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: February 5, 2020 SUBJECT: ORCA Business Passport Contract with King County Metro ISSUE Authorize the Mayor to sign a contract for services with King County for purchase of ORCA Business Passport Cards. BACKGROUND As part of the Commute Trip Reduction program, the City has been providing commuter incentives to its employees though the funding of individual ORCA cards to those who sign up for them. Beginning January of 2020, the funding of individual cards has been changed to the King County Business Passport program providing an unlimited benefit to employees who chose to receive an ORCA Card. DISCUSSION As a benefit through the Business Passport program employees now have unlimited use of Link Light Rail, Sounder Train, King County Metro bus, Sound Transit buses, and Speed Ferry service between Snohomish, King, and Pierce, counties. The individual commuter incentive was restricted to commute only. Making this change saves the City money as well as significant staff time on a monthly basis. FINANCIAL IMPACT The total cost of the annual contract for services with King County for the ORCA Business Passport program is $73,695.00. This amount is $20,000 under the funding that is budgeted for 2020 in the Mayor's Office Green initiatives line item. RECOMMENDATION We are requesting the Committee forward this to the February 24, 2020 Special Meeting Consent Agenda. ATTACHMENTS Contract for Services with King County Metro for ORCA Business Cards and Business Passport Products. 263 264 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 Agreement for Purchase of OI?CA Business Cards and ORCA Business Passport Products THIS AGREEMENT (hereinafter, "Agreement") is made and entered into by and among City of Tukwila ("Business Account') and King County Metro ("Lead Agency") on behalf of the following agencies, individually referred to as the "Agency" and collectively as the "Agencies" in this Agreement. The Snohomish County Public Transportation Benefit Area ("Community Transit') The City of Everett ("Everett Transit') The King County Metro Transit Department ("King County Metro") The Kitsap County Public Transportation Benefit Area ("Kitsap Transit') Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit') The Central Puget Sound Regional Transit Authority ("Sound Transit') The Washington State Department of Transportation, Ferries Division ("Washington State Ferries") IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 PURPOSE 1.1 This Agreement establishes the terms under which certain fare payment -related services, referred to herein as "ORCA Services," will be provided to the Business Account, including but not limited to the prices and terms under which the Business Account may purchase and distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business Cardholders. Such ORCA Business Cards may be used to access certain Transportation Services of the Agencies. The specific ridership privileges applicable to the Business Passport Product provided under this Agreement are specified in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference, and are subject to Sections 6 and 17 below. 1.2 Attachment 1 also establishes the terms under which specific optional products and services (e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home program), if any, shall be provided by one or more individual Agencies. 1.3 This Agreement also enables the Business Account to purchase Business Choice Products from the Agencies, via the Business Account Website, at the prices and terms in effect at the time of purchase. 1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA Services including, but not limited to, its purchase of ORCA Business Cards and ORCA Products. This Agreement does not constitute a contract for transportation services. The Agencies have no obligation to the Business Account or any other entity or person to provide any particular level, frequency or routing of transportation service. 2.0 TERM OF AGREEMENT AND CONTACT PERSONS 2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless terminated in accordance with Section 13, this Agreement shall expire on the last day of the Program Term specified in Attachment 1, or an Amended Attachment 1 that has been signed by a person authorized to bind the Business Account. 2.2 The Business Account shall designate a Primary Contact Person in Attachment 2, Designated Representatives, which is incorporated in this Agreement by this reference. This Primary Contact Person shall be ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 1 of 23 265 DocuSign Envelope ID:2AD3F796-7214-47FA-941B-50EF046CB431 responsible for managing the Business Account's roles and responsibilities under this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The Lead Agency may communicate with and rely upon either the Primary or Secondary Contact Person on matters relating to this Agreement. 3.0 DEFINITIONS 3.1 Business Account. The employer, educational or human services institution, government agency or other entity that has entered into this Agreement enabling it to purchase ORCA Business Cards and ORCA Products for distribution to their employees, students, clients or other constituency. 3.2 Business Account Website. The website used by the Business Account to manage its account, currently at orcacard.biz. 3.3 Business Choice Products, The ORCA Products that may be purchased at retail prices to supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g. a WSF monthly pass) 3.4 Business Cardholder(s) or Cardholder(s). The individual(s) who are eligible to receive an ORCA Business Card from the Business Account. The eligibility requirements for Business Cardholders are more fully defined in Attachment 3, Eligible Business Cardholders, which is incorporated in this Agreement by this reference. 3.5 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA Business Cards under this Agreement that provides the Business Cardholders an unlimited right -to -ride the regularly scheduled Transportation Services of, or operated by, certain Agencies to the extent specified in Attachment 1. 3.6 Card Block. An ORCA system process that culminates in invalidating an ORCA Business Card. 3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other Agencies and that is responsible for administration of this Agreement on behalf of the Agencies, including invoicing, contract modifications and renewals, and ORCA system support. 3.8 ORCA. The trademarked name of the system that enables use of a common fare card on the public transportation services provided by any of the Agencies. 3.9 ORCA Business Card (or "Business Card'). An ORCA fare card issued to a Business Account to enable the loading of ORCA Products for use by a Cardholder to whom it was distributed by the Business Account to access Transportation Services as specified in Attachment 1. 3.10 ORCA Products. Any transit fare payment mechanism or electronic voucher offered for sale within the ORCA system by any of the Agencies. Examples include, but are not limited to, monthly or period pass, E-purse, and electronic voucher. 3.11 ORCA Services. The materials and services that may be provided, from time to time, under the ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA Websites, data, information, and any equipment, systems and services related to the ORCA program. 3.12 Parties. The Business Account and the Agencies (which include the Lead Agency) may be collectively referred to as "Parties." 3.13 Primary Contact Person. The individuals identified as the primary contact points for the Lead Agency and the Business Account, as listed in Attachment 2 or as modified from time to time. 3.14 Product Block. An ORCA system process that culminates in invalidating an ORCA Product without invalidating the card on which it is loaded. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 2 of 23 266 DocuSign Envelope ID: 2AD3F796-7214-47FA-9416-50EF046CB431 3.15 Transportation Services. Those public transportation services provided by the Agencies that are specified in Attachment 1. 4.0 PRICES AND PAYMENT TERMS 4.1 The prices and payment terms applicable to this Agreement are specified in Attachment 1. Such terms shall include: (a) the amounts due for the Business Cards, Business Passport Product, and any other products, services and fees; (b) the timing of payments, and (c) the acceptable method of payment. Each order submitted by the Business Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of this Agreement. 4.2 The Business Account's purchase of any Business Choice Products via the Business Account Website will be at the prices and terms in effect at the time of order. The Business Account is responsible for reviewing the prices in effect before submitting each order and shall be deemed to have agreed to the then -applicable prices by submitting the order. 4.3 Payment in full is due as specified in Attachment 1. 4.4 If for any reason payment in full is not received by the date due, if a payment is not honored due to non -sufficient funds (NSF) or if for any reason a payment is negated or reversed, the Lead Agency will notify the Business Account of the payment problem and, if full and clear payment is not received within ten (10) calendar days of such notification, the Lead Agency may: 4.4.1 refuse to process new orders for ORCA Business Cards and block the loading of new ORCA Products by or for the Business Account; 4.4.2 assess any late payment, NSF and collection fees to the maximum amount permitted by law; 4.4.3 initiate a Card Block or Product Block on the Business Cards issued to the Business Account, rendering them ineffective for use by the Cardholders, until such time as the Business Account pays the full amount due, including any late payment, NSF and fees, in a manner acceptable to the Lead Agency; and 4.4.4 suspend or terminate access rights to the Business Account's secured area of the website 4.5 In addition to any other obligations it may have under this Agreement and at law, the Business Account agrees to pay to the Lead Agency any reasonable collection fees incurred in collecting amounts due from the Business Account. 5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via the ORCA Business Accounts Website, in accordance with the directions provided on that website, and shall make payment as provided in Attachment 1,. If additional cards are required, the Business Account may be required to pay the standard card fee and other applicable fees as specified in Attachment 1. 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the ORCA Business Cards it has ordered, the Business Account shall become the owner of the ORCA Business Cards. The Business Account shall be deemed to have constructively received all ordered ORCA Business Cards unless it notifies the Lead Agency of any non -delivery or incorrect delivery within thirty (30) days after the order was placed. If the Business Account notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a replacement order. If the Business Account subsequently receives the cards reported as missing, the Business Account is responsible for returning them to the Lead Agency. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 3 of 23 267 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any loss, damage, theft or unauthorized use of one of its cards, whether such card is held in its inventory or has been distributed for use. The Business Account is responsible for the cost of any use of its Business Cards until the effective date of a Card Block that may be initiated as provided below. 5.4 Distance Based Transit Fare. The Business Account is responsible for communicating to Cardholders that "distance based fares" are charged on some systems such as: Link light rail, and Sounder commuter rail systems. On distance based fare modes, when the Cardholder "taps on," the ORCA system will record the trip to the last stop on the line. When the Cardholder "taps off' at the end of the ride, ORCA will record the actual ride. The Business Account then will be charged the correct fare for the actual ride taken. If the Cardholder fails to "tap off', then ORCA will record a ride to the end of the line. The result of not "tapping off' is that the Business Account will be charged the largest fare for the ride even if a shorter ride was taken. 5.5 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its Business Cards for use by its Eligible Business Cardholders. The Business Account remains the owner of all Business Cards it distributes but a cardholder may also purchase and load individual ORCA products on a Business Card and individually register the card. To enable Cardholders to register Business Cards as provided in Section 6 below, the Business Account may not register, or allow anyone other than the Cardholder to register, the Business Cards that are issued under this Agreement. The Business Account shall require that the Cardholder, as a condition of receiving a Business Card, is informed of the Cardholder Rules of Use, incorporated in this Agreement as Attachment 4 ORCA Business Cardholder Rules of Use, through your business' standard means of communicating policies. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. 5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that proof of payment must be made by tapping the ORCA Card on the card reader in the manner required by each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally responsible for any fines that may be imposed. 5.7 Business Account Access to Personally Identifying Information. If an individual Cardholder opts to register one of the Business Cards issued to the Business Account, any personally identifying information provided to the ORCA System (e.g. name, address, telephone number, and credit card number) will not be accessible by the Business Account. If the Business Account collects any personally identifying information about individuals to whom it has distributed Business Cards, the Business Account is solely responsible for its collection, use, storage and disclosure of such information. 5.8 Card Blocks. In the event a Business Card is determined to be lost or stolen or if a Cardholder is determined by the Business Account to be no longer eligible to use the card, the Business Account may initiate a Card Block via the Business Account Website to invalidate the subject Business Card. The Lead Agency may also initiate a Card Block or a Product Block as to any of the Business Account's Business Cards at the request of the Business Account, or at the sole discretion of the Lead Agency in accordance with Section 4.4, or if it is suspected that a card has been altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder. Once initiated, a Card Block must be processed in the ORCA system and downloaded to all reader devices throughout the region. Until that occurs, there is the potential that the Business Passport Product and any E-purse value or other ORCA Products on the subject card will continue to be used. The Business Account, not the Agencies, remains responsible for all transactions, and any loss or costs arising there from, for forty-eight (48) hours after the Card Block was initiated. 5.9 Restoration of Value After Card Block. Following a Card Block, the Business Account may request the Lead Agency to restore value on a replacement of the blocked Business Card. An E-purse on a blocked card will be restored ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 4 of 23 DocuSign Envelope ID: 2AD3F796-7214-47FA-94IB-50EF046CB431 on the replacement card in approximately ten (10) calendar days after the replacement card is issued. The E-purse amount that remained on the lost or stolen card, forty-eight (48) hours after the Card Block was initiated in the ORCA system, will be restored to the replacement card via a remote revalue function. An E-purse on a blocked card will be restored on the replacement card on the eighth day after the card has been issued. The card must then be tapped to activate the E-purse value. 5.10 Card Replacement. The Business Account is responsible for ordering and paying for any new cards needed to replace Business Cards that for any reason cease to be available or suitable for use by the Cardholders under the program of the Business Account, including but not limited to, if the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Block, and end of useful life. Provided, however, and notwithstanding the exclusion of warranties in Section 14, if a Business Card malfunctions within twelve (12) months after it was delivered to the Business Account, it shall be replaced by the Lead Agency without additional charge to the Business Account if the malfunction was caused by a defect in design, material or workmanship and was not caused by misuse, an intentional act, negligence or damage, reasonable wear and tear excepted. The Business Account understands and agrees that to avoid the disruption and inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of its Business Cards on a regular basis. As a condition of continuing under the Business Passport program, the Business Account agrees that: (a) it will retire all of its ORCA Business Cards at sometime within four years after they are issued by the Lead Agency to the Business Account; and (b) purchase replacement Business Cards at the then -applicable rate. 6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS Cardholder Privileges. The Business Account understands and agrees that, although it remains the owner of ORCA Business Cards after distribution, the Cardholder has the following privileges in connection with the use of an ORCA Business Card. 6.1 The Cardholder may present an ORCA Business Card, loaded with a valid, applicable Business Passport or Business Choice Product, to an ORCA fare transaction processor as proof of payment of all or a portion of a required fare on a regular transportation service operated by one or more of the Agencies. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card in addition to any ORCA Product loaded by the Business Account. Individual ORCA Products may be used to pay all or a portion of a required fare on a transportation service not covered by a Business Passport Product or Business Choice Product. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.3 The Cardholder may register his/her name and other contact information with the ORCA System and link such personal information to the serial number of the Business Card provided to him/her. Such registration does not give the Cardholder any ownership rights in the card but does give the Cardholder the right to access the ORCA Cardholder Website to view the card's transaction history and current stored value, to modify travel zone preferences, and to add retail products. 6.4 The Cardholder's personally identifying information is generally exempt from disclosure under the Washington Public Records Act (Chapter 42.56 RCW) as more specifically outlined in RCW 42.56.330(5). 7.0 NO RETURNS OR REFUNDS Except as otherwise provided herein or in Section 13.2, the Business Account understands and agrees that its purchases of Business Cards, and Business Passport Products and Business Choice Products purchased for such ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 5 of 23 269 DocuSign Envelope ID:2AD3F796-7214-47FA-94'IB-50EF046CB431 cards, are final and it is not entitled to any refunds. Provided, however, the Business Account may request a refund of the E-purse value remaining on a Business Card if the card is surrendered by the Business Account to the Lead Agency. Upon surrender of the subject Business Card, the Lead Agency shall initiate a Card Block and the refund processed approximately ten (10) calendar days after the Card Block was initiated. The E-purse amount refunded will be that which remained on the surrendered card forty-eight (48) hours after the Card Block was initiated in the ORCA system. A processing fee of ten dollars ($10) may be payable by the Business Account to the Lead Agency for each refund that is processed, regardless of E-purse value or number of cards refunded. The Business Account, not the Lead Agency, is responsible for the refunding of such E-purse value, if any, to the individual Cardholder to whom the Business Card had been distributed. 8.0 BUSINESS ACCOUNT WEBSITE 8.1 The Business Account Website is the primary means by which the Business Account shall purchase ORCA Business Cards, Business Passport and Business Choice Products, manage its Business Cards and obtain information about the use of said cards. As a condition of participation in the Business Passport program, the Business Account agrees that it will use the Business Account Website when it is available and that each access and use of said website shall be subject to the Terms of Use and Privacy Statement that are in effect and posted on the Business Account Website at the time of such access and use. 8.2 The Business Account understands and agrees that uninterrupted access to and use of the Business Account Website is not guaranteed and agrees that it will contact its representative at the Lead Agency by email or telephone if the website is not available. 8.3 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a single password to the Business Account's Primary Contact, as specified in Attachment 2, to enable user access to the Business Account's secured area of the Business Account Website. The Business Account is required to change the temporary password to one of its own creation. The Business Account shall be solely responsible for the number and identity of those employees with whom the Business Account's password is shared. The Business Account is also solely responsible for complying with the security standards specified in Attachment 5, ORCA Business Account Security Standards, which is incorporated in this Agreement by this reference. 9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM 9.1 The Business Account understands and agrees that the data, reports or any information provided to it via the Business Account Website or otherwise, is and remains the sole property of the Agencies and nothing shall be construed as a transfer or grant of any copyright or other property interest in such data, reports or information. The Agencies hereby grant to the Business Account a non-exclusive license to use any data, reports or information provided by the Agencies, via the Business Account Website or otherwise, for any lawful purpose related to the administration of the transportation benefits program of the Business Account. 9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA device for fare payment and to load a product. Such transaction data includes, but is not limited to, the date, time, and location (or route) of the transaction. The Business Account may routinely access such transaction data related to its Business Cards to the extent provided via the Business Account Website. Said website and its reports do not provide the Business Account Business Card transaction data linked to card serial numbers. For the purpose of preventing fraud, the Primary Contact Person of the Business Account may submit a written request to the Lead Agency for transaction data related to a specific card number or for a card number linked to a specific transaction. Fraud is defined as intentional deception or misrepresentation by a person with knowledge that it will result in an unauthorized benefit to him, her, or some other person. The submittal is not intended to be used to request data for multiple cards or all cards managed by the Business Account. The written request shall include the following: ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 6 of 23 270 Docusign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 9.2.1 Card number or the date, time and other known details about the specific transaction for which a card serial number is being requested; 92.2 Detailed statement as to why the information is germane to the prevention of fraud; and 9.2.3 The signature of the Primary Contact Person. If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued to the Business Account, the Lead Agency will provide the Business Account with the card serial number linked to the requested transaction(s). The Business Account agrees that it will use such card serial number information only for purposes of enforcing the Rules of Use, as provided to the Cardholder. The Business Account must maintain its own records if it wishes to identify the card serial number issued to an individual. 10.0 PUBLIC RECORDS The Business Account understands and agrees that all records related to its participation in the ORCA System are public records under the Washington Public Records Act (Chapter 42.56 RCW) ("Act"), including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders, communications, and any other information provided by the Business Account to the Lead Agency, the other Agencies or the ORCA System, whether provided via this website or otherwise and whether provided in hard copy or electronic form; (c) any communications, responses, requests, reports or information of any kind provided to the Business Account from the Lead Agency, the other Agencies or the ORCA System; and (d) all data, reports and information of any kind related to the loading of products on, and the use of, the Business Cards issued to the Business Account. As public records, these records will be made available for public inspection and copying upon request, unless the Lead Agency determines they are exempt from disclosure. 11.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT The Business Account is encouraged to collect Business Cards from Cardholders who are no longer eligible for the Business Account's transportation benefits program. In any case, the Business Account is solely responsible for initiating a Card Block or Product Block in accordance with this Agreement to prevent any continued use of, and financial liability for, a card that had been distributed to a person who is no longer eligible. 12.0 ORCA SERVICES SUBJECT TO CHANGE The Agencies seek to continually improve and enhance the ORCA Services. With thousands of employers, schools, and other entities entering into business account agreements at varying dates in the year, the Agencies are unable to guarantee to each business account that the ORCA Services will not change during the term of its agreement. The Business Account understands and agrees that one or more ORCA Services may be changed, suspended or terminated from time to time without prior notice to, or agreement by, the Business Account, including but not limited to changes in the look, feel, content and functions of the Business Account Website. If the Business Account is dissatisfied with a change in the ORCA Services, however, it may terminate this Agreement for its convenience in accordance with the provisions of Section 13.2. 13.0 TERMINATION 13.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make timely and effective payment of all amounts due, or otherwise materially breaches the Agreement, or acts in manner indicating that it intends to not comply, or is unable to comply, with the Agreement. To effect such a termination for cause, the Lead Agency shall send email notice to the last known email address for the last known primary contact person of the Business Account describing the manner in which the Business Account is in default and the effective date of termination. If the basis for termination is a failure to perform that can be cured, the termination shall not take effect so long as the Business Account cures the default within ten (10) calendar days of the sending of the email notice. Upon the effective date of such termination, the Lead Agency may immediately terminate the website access privileges of the ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 7 of 23 271 DocuSign Envelope ID:2AD3F796-7214-47FA-941B-50EF046CB431 Business Account, block the Business Cards issued to the Business Account and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for cause, the Business Account shall not be entitled to any refund of any amounts paid. 13.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own convenience by sending the other party written or email notice at least thirty (30) days in advance of the effective date of the termination. Upon receipt of a notice of termination for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive the advance notice period and immediately terminate the website access privileges of the Business Account, initiate a Card Block on the Business Cards issued to the Business Account, and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for convenience and not cause, the amounts due under this Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport Product and any optional products listed in Attachment 1 shall be the annual amounts due prorated for the number of months during which the Passport Product and optional products were valid for at least one day.) If the Business Account has not paid in full all of the amounts due under this Agreement as of the termination date, the Business Account shall immediately pay the remaining amount due. If the Business Account has paid more than all of the amounts due under this Agreement as of the termination date, the Business Account shall be entitled to a refund of the excess it has paid. 13.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to satisfy and comply with all of its obligations under this Agreement and at law with regard to, or arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective date of the termination, including but not limited to paying all amounts due or incurred prior to the effective date of the termination and any fees, charges, collection costs or other costs arising from a failure to make timely and effective payment. 14.0 EXCLUSION OF WARRANTIES 14.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 14.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 14.3 TO THE EXTENT PERMITTED BYLAW, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT OR NON -INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY. 15.0 NOTICES ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 8 of 23 272 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 15.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular mail to the Parties' Designated Representatives, as specified in Attachment 2, or to the last person and address provided by a Party in accordance with Section 15.2. 15.2 Each Party shall immediately notify the other Parties of any changes to its Designated Representatives' contact information. The Business Account shall also immediately notify the Lead Agency of any changes in any other information provided in its application. 16.0 FORCE MAJEURE The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent they are rendered unable to perform, or comply with such obligations as a direct or indirect result of a force majeure event, or any other circumstance not within such party's control, including, but not limited to, acts of nature, acts of civil or military authorities, terrorism, fire or water damage, accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industrial, civil or public disturbances. 17.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and its Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal, state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA Terms of Use and Privacy Statement (posted on the ORCA websites and available in printed form upon request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and other operating policies and procedures. 18.0 PROHIBITED DISCRIMINATION The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA Products, or the performance of any acts under this Agreement. The Business Account shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. 19.0 COMPLIANCE WITH APPLICABLE LAW The Business Account shall be solely responsible for compliance with all applicable federal, state and local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, tax withholding, or other obligations related thereto. The Business Account expressly acknowledges and agrees that it has not relied on any representations or statements by the Agencies and will not rely on them to provide any legal, accounting, tax or other advice with regard to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, withholding or other obligations related thereto. 20.0 LEGAL RELATIONS 20.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the Agencies are independent parties and nothing in this Agreement shall be construed as creating any joint venture, partnership, agency or employment relationship between and among them or their respective employees. Without limiting the foregoing, the Business Account understands and agrees that none of its employees or agents shall be deemed employees or agent, for any purpose, of any of the Agencies and the Business Account is solely responsible for the acts of its agents and employees and their compensation, wages, withholdings and benefits. 20.2 LIMITATION ON LIABILITY ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 9 of 23 273 DocuSign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO: 1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA SERVICES; 2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES WITHIN A SERVICE); 3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA BUSINESS CARDS ISSUED UNDER THIS AGREEMENT; 4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY WITH ACCURATE ACCOUNT INFORMATION; AND 5. THE BUSINESS ACCOUNT'S FAILURE TO KEEP INFORMATION SECURE AND CONFIDENTIAL. B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING. C TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITY FOR A BREACH OF THIS AGREEMENT, OR ANY DUTY RELATED TO THE ORCA SERVICES, AND SUCH LIABILITY THAT IS NOT EXCLUDED UNDER THE TERMS OF THIS AGREEMENT, THE EXCLUSIVE, AGGREGATE REMEDY AGAINST THE LEAD AGENCY AND EACH OTHER AGENCY WILL BE, AT THE OPTION OF THE APPLICABLE AGENCIES: (A) THE CORRECTION, SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE ORCA SERVICES GIVING RISE TO THE BREACH, OR (B) A REFUND OF THE AMOUNT PAID BY THE BUSINESS ACCOUNT FOR THE ORCA SERVICE CAUSING THE DAMAGE, THE AMOUNT OF WHICH WILL NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE) ACTUALLY INCURRED BY THE BUSINESS ACCOUNT IN REASONABLE RELIANCE. THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITY IN THE AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE. 20.3 No Waiver, The Business Account agrees that if the Lead Agency does not exercise or enforce any legal right or remedy which is contained in the Agreement or under applicable law, this will not be taken to be deemed to be a waiver or modification of the Lead Agency's rights and remedies, and that those rights or remedies will still be available to the Lead Agency. 20.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and enforced in accordance with, and governed by, the applicable law of the State of Washington and of the United States of America without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for conducting any legal actions ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 10 of 23 274 DocuSign Envelope ID:2AD3F796-7214-47FA-941B-50EF046CB431 arising under this Agreement shall reside in either the Federal District Court or the State of Washington Superior Court, as applicable, that is located in the county in which the Lead Agency's primary administrative office is located. The Business Account hereby consents to personal jurisdiction and venue in said courts and waives any right which it might have to conduct legal actions involving the Agencies in other forums. 20.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this Agreement, the Court is authorized to award the substantially prevailing party its costs, fees and expenses including reasonable attorney fees to the extent authorized by the Court and permitted by applicable law. 20.6 Survival. Sections 4, 5, 9, 14 and 20 shall survive and remain effective notwithstanding any termination of this Agreement. 20.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCK name and logos are trademarked and that it will not copy or use them and any other trade names, trademarks, service marks, logos, domain names, and other distinctive features or intellectual property of the Agencies without written permission. The Agencies understand and agree the Business Account name and logo may be trademarked and that it will not copy or use them and any other trade names, trademarks, service marks, logos, domain names, and other distinctive features or intellectual property of the Business Account without written permission. 21.0 SUCCESSORS AND ASSIGNS This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, no Party may assign or delegate the duties performed under this Agreement without the written agreement by the Lead Agency, the Business Account and the assignee. 22.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS This Agreement constitutes the entire agreement between the Business Account and the Lead Agency, on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but excluding any services which Lead Agency may provide under a separate written agreement), and completely replaces and supersedes any prior oral or written representations or agreements in relation to fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be binding on the parties and any changes shall be effective only upon a written amendment being signed by the parties. 23.0 SEVERABILITY In the event any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of the Agreement which shall remain in full force and effect unless the provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any party. 24.0 AUTHORITY TO EXECUTE Each party to this Agreement represents and warrants that: (i) it has the legal power and authority to execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii) the person(s) executing this Agreement below on the party 's behalf is/are duly authorized to do so, and that the signatures of such person(s) is/are legally sufficient to bind the party hereunder. 25.0 COUNTERPARTS This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all purposes as one original. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 11 of 23 275 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement ac of tha Fffartiva r)ata. BUSINESS ACCOUNT City of Tukwila LEAD AGENCY DocuSlgned by: BY: BY: �I'lv� DATE: ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Christi Masi Program Manager DATE: 11/20/2019 Page 12 of 23 276 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 Attachment 1 PRODUCTS, PRICING AND TERMS — BUSINESS PASSPORT FLAT RATE Business Account: City of Tukwila Business Account Federal Tax ID #: 91-6001519 ORCA Business ID#: Agreement Type: New Contract Program Term:January 01, 2020 - December 31, 2020 RvicinPCC Paccnnrf Flat Rate ProdUCts • Valid for full fare and unlimited rides on: Bus: Community Transit, Everett Transit, King County Metro, Kitsap Transit, Pierce Transit and Sound Transit ° Ferry: King County Water Taxi and Kitsap Local Ferries and Fast Ferries Monorail Rail: Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus partnership with Arntrak Cascades) Seattle Streetcar Access Transportation: Service on King County Metro and Kitsap Transit • Vanpool: 100% fare subsidy on Community Transit, King County Metro, Kitsap Transit, and Pierce Transit vanpool vans • Vanshare: 100% subsidy on Community Transit, King County Metro, Kitsap Transit and Pierce Transit vanshare vans • Guaranteed Ride Home: Up to eight rides home per employee. (For details, see Attachment 6 Emergency Guaranteed Ride Home, or call: 425-450-4555) Passport Zone and Worksite Location Employees Rate per Annual EmployRee Cost King County Suburbs 6200 Southcenter Boulevard, Tukwila, 250 $289.78 $72,445.00 WA 98188 New Card(s) 250 1 X 1 $5.00 $1,250.00 Total 250 $73,695.00 Emergency Guaranteed Ride Home Emergency guaranteed ride home service provides up to eight rides per employee. See Attachment 6. Vanpool and Vanshare Service The vanpool/vanshare subsidy dollar amounts specified above are based on the estimated usage by Eligible Employees of each included Agency's vanpool/vanshare services. If the vanpool/vanshare dollar amount specified above is less than the amount due for actual usage by Eligible Employees for any of the included Agency's van pool/vans hare services under this Agreement, the provider Agency may invoice the Business Account for the additional use. If the Business Account enters into a successor agreement to this Agreement, the difference between the specified amount above and the actual amount due each included Agency under this Agreement will be calculated. An overpayment under this Agreement will be subtracted from the amount specified in the successor agreement. A deficit under this Agreement will be added to the amount specified in the successor agreement, if the provider Agency did not submit a supplemental invoice. If this Agreement is terminated or expires without the Business Account entering into a successor agreement, the difference between the specified amount above and the actual amount due each included Agency under this Agreement will be calculated. An overpayment under this Agreement will ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 13 or 23 277 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 be credited against any amount still due from the Business Account, or reimbursed by the provider Agency if none is still due. A deficit under this Agreement shall become immediately due and payable by the Business Account to the provider Agency. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 14 of 23 278 DocuSign Envelope ID:2AD3F796-7214-47FA-941B-50EF046CB431 Business Passport Flat Rate Payment Terms • 1/4 in 60, 90, 180 and 270 days Payment due per the above terms. Invoice will be sent by King County Finance. Additional Information Additional Card Orders During the agreement term additional cards can be ordered at the standard card fee only. Amount of Eligible Employee contribution (Note: employees may contribute up to 50% of the Annual Rate per Employee) 6200 Southcenter Boulevard, Tukwila, WA 98188 1= $0 Business Choice Products Choice Products purchased by the Business Account will be prepaid by check or credit card, at prevailing retail rates. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 15 of 23 279 DocuSign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 Attachment 2 DESIGNATED REPRESENTATIVES BUSINESS ACCOUNT - Primary LEAD AGENCY - Primary Name Juan Padilla Rocco Devito Title Human Resources Director Project/Program Manager II Business Name City of Tukwila Address 6200 Southcenter Boulevard 201 S Jackson St, KSC-TR-0326 Tukwila, WA 98188 Seattle, WA 98104 Telephone (206) 433-1852 (206) 263-3391 E-Mail juan.padilla@tukwilawa.gov rdevito@kingcounty.gov BILLING INFORMATION LEAD AGENCY - Technical Support Name Erika Eddins Lead Agency Representative Title Human Resources Analyst Business Name City of Tukwila Address 6200 Southcenter Boulevard 201 S Jackson St, KSC-TR-0326 Tukwila, WA 98188 Seattle, WA 98104 Telephone (206) 433-1816 (206) 477-3700 E-Mail erika.eddins@tukwilawa.gov business.leadagent@kingcounty.gov ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 16 of 23 WE DocuSign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 Attachment 3 ELIGIBLE BUSINESS CARDHOLDERS Definition and Number of Eligible Participants Definition of Eligible All benefit -eligible employees; Participants 6200 Southcenter Boulevard, Tukwila, WA 98188 Number of Eligible 250 Participants ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 17 of 23 281 DocuSign Envelope ID:2AD3F796-7214-47FA-941B-50EF046CB431 Attachment 4 ORCA BUSINESS CARDHOLDER RULES OF USE As a Business Account Cardholder, I agree to the following: 1. I understand that the ORCA Business Card is owned by the employer that provided it to me and it has been provided to me for my personal use only. I agree that I will not sell or transfer my assigned ORCA Card to another person. If I violate these terms of use, my ORCA Card may be blocked from further use. 2. 1 will keep my assigned ORCA Business Card secure and in good condition, and I will immediately report a lost, stolen, or damaged ORCA Business Card to my company's Transportation Coordinator. I understand an ORCA Business Card will be replaced at the fee charged by my company. 3. 1 will return my assigned ORCA Business Card upon request or when I leave my employment or otherwise do not meet the eligibility requirements of my company. If I do not return my ORCA Business Card, I understand that it may be blocked for further use. 4. 1 understand that my ORCA Business Card is valid for the following provided by the listed transportation Agencies. a. 100% of fares on regularly scheduled transportation service on Community Transit, Everett Transit, King County Metro, King County Water Taxi, Kitsap Transit and Kitsap Ferries, Monorail, Pierce Transit, Sound Transit, and Seattle Streetcar. b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit. 5, 1 understand and will comply with policies of my employer or other institution that provided my ORCA Business Card. 6. 1 understand that the ORCA Business Card is not valid for fare payment on transportation services not specified in Section 4 and I am responsible for paying any additional fares required for services not covered, or not fully covered, by my assigned ORCA Business Card. 7. 1 understand that any additional ORCA Products I load onto my assigned ORCA Card will become the property of the company that owns my ORCA Business Card and the refund, if any, of such products will be made by the company according to its refund policy. 8. 1 understand in the event any ORCA Products I load onto my assigned ORCA Card must be replaced, I am responsible for any fares required during the replacement period. 9. 1 understand the ORCA system will record data each time I use my assigned ORCA Business Card. Data will include the date, time and location of the card when it is presented. I understand this data is owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card. 10. 1 understand that the ORCA Card must be "tapped" on a card reader to show proof of fare payment or issuance of a valid fare. Merely showing the ORCA Card on a bus, train, ferry or light rail vehicle does not constitute proof of fare payment or issuance of a valid fare. I will be subject to a fine if the ORCA Card is not "tapped," and I understand I will be personally responsible for any fines that may be imposed. 11. 1 understand that for the correct fare to be recorded, I must "tap" off on a card reader when exiting some transit systems. For example, I must "tap" off when exiting from a Sounder train or Link light rail. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 18 of 23 282 DocuSign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 I acknowledge the receipt of my ORCA Business Card, and understand and agree to the terms stated above on using the ORCA Business Card. Employee's Signature / Date Employee's Printed Name / Date Transportation Coordinator Use Only — ORCA Card returned: Employee's Signature / Date ORCA Card Serial# ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 19 of 23 283 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 Attachment 5 ORCA BUSINESS ACCOUNT SECURITY STANDARDS 1.0 Application Security 1.1 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a single Business Account user id and temporary password to the Business Account's Primary Contact (as specified in Attachment 2, Designated Representatives, to enable access to the Business Account's area of the Business Account Website. 1.2 The Business Account shall immediately change the temporary password to a strong password that meets the following criteria: a. Length - At least eight (8) characters in length or the maximum length permitted by the ORCA system, whichever is shorter. b. Elements - Contains one each of at least three (3) of the following four (4) elements: 1. English upper case letters (A, B, C...) 2. English lower case letters (a, b, c... ) 3. Westernized Arabic numbers: 0, 1, 2...9 4. Special characters: (@, #, %... ) 1.3 The Business Account shall restrict access to the ORCA Business Account Website by providing its user id and password to only the employee(s) who have a business "need to know" and who are authorized by the Business Account as "system user(s)". 1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized administrative support for the ORCA Business Account program 1.5 The Business Account's password shall be changed at least quarterly but also immediately upon (a) a system user leaving the Business Account's employment or otherwise losing his/her status as an authorized user; and (b) the Business Account learning that the password has been obtained by unauthorized persons or entities. 1.6 The Business Account's Primary Contact will review security policies and guidelines with system users at least quarterly. 2.0 Physical Security 2.1 The Business Account shall require system users, when not at their workstations, to log off the Business Account Website, or lock their screen using a password protected screen -saver in order to prevent unauthorized access. 2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those administering the program. 2.3 The Business Account shall require its employees to keep printed reports containing account information in a secure location. 3.0 Incident Management 3.1 The Business Account shall report any security incident or suspected incident immediately to the Lead Agency. Examples of possible security incidents would be: introduction of computer viruses, unauthorized transactions or blocked cards, or lost or stolen card stock. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 20 of 23 ME DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 Attachment 6 HOME FREE GUARANTEE PROGRAM Home Free Guarantee (hereinafter, "HFG") is a King County program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in accordance with the terms set forth below. HFG is the emergency guaranteed ride home service mentioned in Attachment 1 of the ORCA Business Passport Agreement. 1.0 DEFINITIONS 1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence, transit center, or park & ride lot to the Business Account's worksite by one of the following modes: bus, train, carpool, vanpool, walk-on or bicycle -on ferry, bicycle, or walk. 1.2 Eligible Reasons For Using HFG The following are eligible reasons for using HFG: a. Eligible Employee's or family member's unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day. c. Missing the employee's normal return commute to the starting place of their commute for reasons, other than weather or acts of nature which are beyond the employee's control, and of which they had no prior knowledge. For example, the employee's carpool driver left work or worked late unexpectedly. 1.3 Non -Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include, but are not limited to, the following: a. Pre -scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace Business Account's legal responsibility under workers' compensation laws and regulations. c. Employee termination or reductions in force. d. Other situations where, in the opinion of the Business Account's Program Coordinator, alternate transportation could have been arranged ahead of time. 1.4 Eligible Destinations For An HFG Ride a. From the Business Account's worksite to the Eligible Employee's principal place of residence. b. From the Business Account's worksite to the Eligible Employee's personal vehicle, e.g. vehicle located at a transit center or park & ride lot. c. From the Business Account's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. 1.5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee and are authorized in advance of the HFG ride by the Business Account's Program Coordinator (i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school). 2.0 BUSINESS ACCOUNT RESPONSIBILITIES 2.1 HFG Program Payment ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 21 of 23 285 DocuSign Envelope ID: 2AD3F796-7214-47FA-941B-50EF046CB431 Business Account's payment for HFG services is accounted for in the base price of the ORCA Business Passport Agreement, as indicated in Attachment 1. 2.2 Program Coordinator Business Account shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment. 2.3 Number Of HFG Rides Per Eligible Employee Business Account shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per twelve (12) month period. 2.4 Access to Service Business Account shall make information about how to access HFG rides available to all Eligible Employees. 3.0 HFG PROGRAM TASKS 3.1 Process To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider, contracted for by King County. The phone number is 425-450-4555. Program Coordinator shall screen and obtain the following information from the Eligible Employee, and provide the information to the answering service provider as part of arranging the taxi ride for the Eligible Employee. a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride. 3.2 Reporting a. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a completed receipt of the taxi trip. b. Business Account's Program Coordinator shall forward copies of such receipts to King County at the end of each month for record keeping and accounting purposes. 4.0 KING COUNTY RESPONSIBILITIES 4.1 Participating Taxi Business Account(s) Business Account agrees that neither King County nor answering service provider is responsible for providing transportation services under the HFG program. Business Account further agrees that King County makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that King County's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising out of or in any way related to the HFG program. Without limiting the foregoing and by way of example only, the Business Account agrees that King County shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions. 4.2 Payment Of Authorized HFG Taxi Fares King County shall pay the metered fare amount of a Business Account's Program Coordinator -authorized HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles. Business Account or Eligible Employee taking the ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 22 of 23 DocuSign Envelope ID: 2AD3F796-721447FA-941B-50EF046CB431 HFG ride shall pay any fare for a one-way distance in excess of sixty (60) miles. King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of Business Account or the Eligible Employee taking the HFG ride. 4.3 Reporting King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this record to Business Account's designated Contact Person if requested. 4.4 Program Abuse King County reserves the right to investigate and recover costs from the Business Account of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking more than the maximum eight rides per agreement period, taking trips for inappropriate reasons, unauthorized destinations and intermediate stops, and pre -scheduled appointments not defined in the DEFINITIONS section above. ORCA Passport Agreement City of Tukwila - BAID: January 1, 2020 - December 31, 2020 Page 23 of 23 287 Certificate Of Completion Envelope Id: 2AD3F796721447FA941 B50EF046CB431 Subject: Documents for your DocuSign Signature - City of Tukwila Initial Contract Jan20 Source Envelope: Document Pages: 23 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 11/20/2019 9:55:26 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Juan Carlos Padilla juan.padilla@tukwilawa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/20/2019 10:03:04 AM ID: 3a4d1208-808 b-46cd-bfcb-30ef 14b33815 Christi Masi christi.masi@kingcounty.gov Transit Chief -Customer Svcs King County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Holder: Rocco Devito rdevito@kingcounty.gov Pool: FedRamp Pool: King County Signature Docu5lgnad by: bx�s PcAa M3CA511344D4.. Signature Adoption: Pre -selected Style Using IP Address: 216.190.24.4 Do -Signed by: Signature Adoption: Uploaded Signature Irnage Using IP Address: 198.49.222.20 Signature Status Status Status Status Status Signature Signature Status: Completed Envelope Originator: Rocco Devito 401 5th Ave Suite 600 Seattle, WA 98104 rdevito@kingcounty.gov IP Address: 13.108.238.8 Location: DocuSign Location: DocuSign Timestamp Sent: 11/20/2019 9:56:52 AM Viewed: 11/20/2019 10:03:04 AM Signed: 11/20/2019 10:03:52 AM Sent: 11/20/2019 10:03:54 AM Viewed: 11/20/2019 1:20:41 PM Signed: 11/20/2019 1:20:46 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp 2 SECURED .e Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamps 11/20/2019 10:03:54 AM 11/20/2019 1:20:42 PM 11/20/2019 1:20:46 PM 11/20/2019 1:20:46 PM Timestamps :• 290 Electronic Record and Signature Disclosure created on: 2/1/2018 6:03:55 AM Parties agreed to: Juan Carlos Padilla ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO King County ITD (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the `I agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Carahsoft OBO King County ITD as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Carahsoft OBO King County ITD during the course of my relationship with you. 293 294 City Council Finance Committee Meeting Minutes February 10, 2020 - 5:30 p. m. - Hazelnut Conference Room, City Hall Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Zak Idan Staff Present. Aaron Williams, Juan Padilla, Henry Hash, Hari Ponnekanti, David Cline, Vicky Carlsen, Adam Cox Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: ORCA Business Passport Program Staff is seeking Council approval of a contract with King County for employee participation'in the ORCA Business Passport Program in the amount of $73,695.00, which is available in the Mayor's Office Green Initiatives budget. Committee Recommendation Unanimous Approval. Forward to February 24, 2020 Special Meeting Consent Agenda. B. Request for Proposals for City Attorney Services Responses The City received two responses to the Request for Proposal for City Attorney Services. Both firms, Kenyon Disend, PLLC and Ogden, Murphy, Wallace, PLLC will present to the Committee of the Whole on February 24, 2020. Committee question(s) requiring follow up • Historical financial data on special services provided by the attorney Hourly rates for attorney services by Friday for the interviews • Score sheet from the interviews • Recap of the interview process Committee Recommendation Discussion only. C. 42"d Avenue South Bridge Replacement Project Financing Staff is seeking direction on funding for the 42nd Avenue South Bridge Replacement Project. Committee Recommendation Unanimous approval to authorize staff to go out to full design with funding up to 30% or $1 million and forward recommendation to the February 24, 2020 Committee of the Whole meeting and subsequent March 3, 2020 Regular Meeting. 295 296 UPCOMING MEETINGS AND EVENTS FEBRUARY - MARCH 2O20 FEB 24 MONDAY FEB 25 TUESDAY FEB 26 WEDNESDAY FEB 27 THURSDAY FEB 28 FRIDAY FEB 29 SATURDAY ➢ Community Services & ➢ Arts Commission ➢ Planning Safety Committee 6:00 PM Commission 5:30 PM 0 Community Center 6:30 PM 0., Foster Council Chambers Conference Room Planning Commission Public Tukwila International ➢ Finance Hearing Boulevard Action Committee Conditional Use Permit Committee 5:30 PM application for construction. Trash Pick -Up Day Hazelnut Seattle Police Relief Conference Room Association / Seattle Police For more information, Athletic Association Office call Sharon Mann at 11030 E Marginal Way S 206-200-3616. ➢ City Council 10:00 AM Committee of the Whole Meeting Community Development 7:00 PM 6300 Southcenter Blvd Council Chambers For more information, visit C.O.W. to be records.tukwilawa.gov/ immediately followed WebLink/l/edoc/328055/ by a Special Meeting. pagel.aspx. iok&N Ing unh, Aut o-1ty Deadline for Section 8 housing waitlist is today. More information below. MAR MONDAY MAR TUESDAY MAR4 WEDNESDAY MARS THURSDAY MAR FRIDAY MAR SATURDAY ➢ Transportation & ➢ Library Advisory TRANSPORTATION ➢ Equity & Social Infrastructure Board DROP -IN Justice Commission Committee 5:30 PM 0 0' Q ; 5:15 PM 5:30 PM Community Center Talk to representatives Hazelnut Conference Foster Conference from King County Metro's Room I Room ORCA To -Go, King County Community Police Public Health's Access and Academy application due ➢ Planning & Economic Outreach, South King today. Development County Transportation More information below. Committee Options and Hopelink to 5:30 PM learn about riding the light Hazelnut Conference rail, bus or bicycle, shuttles, Room or to get an ORCA card 1:30 PM — 3:30 PM ■' r yy Tukwila Library v �� 14380 Tukwila Intl Blvd New Employee Meet and Greet in the Lobby 6:30 PM ➢ City Council Regular Meeting 7:00 PM Council Chambers TukwiCa City of Opportunity SchoCarshtp AvyCttcatton clue March. 31 The Tukwila Scholarship Program was established in 2014. The mission of the scholarship is to provide financial assistance to individuals enrolled for undergraduate study in community colleges, colleges, trade schools and universities. This program principally targets two and four year academic programs, however, certificate/licensing programs are also eligible. Awards will range from $1,000 to $5,000 as determined by the City of Tukwila Selection Committee. Must be a resident of Tukwila and be equivalent to a senior in high school. For more information and criteria, visit records.tukwilawa.gov/WebLinkllledoc/328044/pagel.aspx. FiC$. FREE COMMUNITY POLICE ACADEMY March 11 — April 29 Wednesdays 6 PM — 7:30 PM This is an 8-week opportunity for people who work or live in Tukwila to learn about the Tukwila Police Department and what officers have to know to do their job and also hear about what officers see and experience here in our City. Applications must be received by March 6. For more information, visit tukwilawa.gov/departments/police/crime-prevention or contact I Sergeant Anderson at 206-433-7187. Section 8 Waitlist Lottery King County housing for King County Housing Authority's Section February 12, February The affordable waitlist 8 Vouchers opens today, and closes on 25. Rofi3 ng For more information, visit kcha.org/housing/vouchers/list or call 206-214-1300 Monday through Friday from 9 AM to 4 PM. Information is also Alty available in other languages. February 11 — April 18 If you make less than $66,000, United Way will help you prepare FREE TAX and file your taxes for FREE. No appointment is required. If you do PREPARATION Riverton Park United Methodist Church Tue & Thu 5 pm - 8 pm not need in -person tax help, simply visit MyFreeTaxes.com where 3118 S 14011 St Saturdays 10 am — 2 pm you can quickly and easily file your taxes online for free. For information on what to bring and other locations, visit uwkc.org/need-help/tax-help/. Flyers are also available in other languages. ➢ Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. ➢ Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206431-2187. ➢ COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Sergeant Anderson at 206-433-7187. ➢ Community Services and Safety Committee: 2nd & 4th Mon., 5:30 PM, 6300 Building Suite 100 - Foster Conference Room. Contact Laurel Humphrey at 206-433-8993. (1A) An agreement with King County to receive tax levy funds for Parks & Recreation capital projects. (1B) Parks & Recreation capital budget items in the amount of $2,680,000. (1 C) Review of draft Parks, Recreation and Open Space (PROS) Plan. (1 D) Public Safety Plan: Fire station murals and process moving forward. ➢ Equity and Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564. ➢ Finance Committee: 2nd & 4th Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (1A) A contract with Dell for laptops in the amount of $5223,948. (1 B) A contract for a Citywide budget software tool (IC) Committee authorization to seek a 4Culture grant to complete a Preservation Plan for Old Tukwila City Hall. ID) Fire Department 2020 Budget reporting. ➢ Library Advisory Board: 1 st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. ➢ Planning and Economic Development Committee: 1st & 3rd Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. ➢ Planning Commission / Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ➢ Transportation and Infrastructure Committee: 1st & 3rd Mon., 5:30 PM, 6300 Building Suite 100 -Foster Conference Room. Contact Laurel Humphrey at 206-433-8993. 297 Tentative Agenda Schedule MONTH MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. February 3 10 17 24 See agenda packet cover sheet for this week's agenda: February 24, 2020 Committee of the Whole Meeting to be followed by a Special Meeting. MONTH MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. March 2 9 16 23 Special Presentations Unfinished Business Special Presentations New employee introductions. Year in Review for Artist in Update on the Public Safety Residency Program. Plan Disadvantaged Business Appointment Authorize the Mayor to Enterprise (DBE) Confirm the appointment of Dr. sign a contract for City Apprenticeship and Local Hire. Eileen English on the Equity and Attorney services. Social Justice Commission. Special Issues 2019 Fire Department Annual Consent Agenda Review. - Authorize the Mayor to sign an agreement with King County to receive tax levy funds for Parks C.O.W. Meeting and Recreation Capital to be followed by a Projects. Special Meeting. - Authorize the purchase of Parks and Recreation Updated Capital Budget items in the amount of $2,680,000. Unfinished Business Authorize the Mayor to sign an agreement with Dell for City laptops in the amount of $476,317. Authorize the Mayor to sign a contract for a City -Wide budget software tool. Authorize the approval of hiring additional Transport Officers for inmate appearance in Court in the amount of $188,000. Authorize the approval of funding for the Police records digitization project in the amount of $150,000. Authorize financing for the 42ntl Avenue South Bridge Replacement project. Authorize City Administration to enter into contract negotiations for legal services. Ordinances updating Shoreline and Critical Areas Code. PLOT;