Loading...
HomeMy WebLinkAboutRES 4528CITY OF RENTON,WASHINGTON RESOLUTION NO.4528 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF KENT FOR THE PURPOSE OF PROVIDING CITY OF RENTON POLICE DEPARTMENT WITH ACCESS TO CITY OF KENT’S GLADIATOR FORENSICS SERVER TO USE THE GLADIATOR FORENSICS SOFTWARE ENTITLED INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF RENTON FOR WIRELESS NETWORK FORENSICS SERVER USE. WHEREAS,the City of Renton (“Renton”)and the City of Kent (“Kent”)are authorized, pursuant to RCW Chapter 39.34,the Interlocal Cooperation Act,to enter into an interlocal government cooperative agreement;and WHEREAS,the City of Kent has an on-premises Gladiator Forensics server which it will allow the City of Renton to remotely access in order to use the separately licensed Gladiator Forensics software so the City of Renton does not have to incur the expense of installing its own dedicated Gladiator Forensics server; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION I.The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Kent regarding wireless network forensics server use entitled Interlocal Agreement Between the City of Kent and the City of Renton for Wireless Network Forensics Server Use,attached hereto as Exhibit “A”and incorporated by this reference. PASSED BY THE CITY COUNCIL the 17th day of June,2024. 1 Jas$( RESOLUTION NO.4528 APPROVED BY THE MAYOR this l7thdayofJune,2024. Approved as to form: Shane Moloney,City Attorney RES-ESD:24RE5011:05/31/2024 Armondo Pavone,Mayor 2 RESOLUTION NO.4528 EXHIBIT “A” Interlocal Agreement Between the City of Kent and the City of Renton for Wireless Network Forensics Server Use 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF RENTON FOR WIRELESS NETWORK FORENSICS SERVER USE THIS AGREEMENT is entered into by and between the City of Kent (“Kent”),a municipal corporation in the State of Washington,and the City of Renton (“Renton”),a municipal corporation in the state of Washington,collectively the (“Parties”). WHEREAS,this Agreement is made under the authority of the Interlocal Cooperation Act, Ch.39.34 RCW;and WHEREAS,Kent cunently contracts with Gladiator Forensics,LLC (“Gladiator”)for wireless network forensics that enable the Kent Police Department to collect and/or comprehensively analyze wireless data in direct support of criminal investigations and missing persons cases;and WHEREAS,Renton wishes to contract with Gladiator for similar services without incurring the costs associated with installation of a dedicated server for use of the system;and WHEREAS,Kent is wiLling to provide separate remote access to Renton for this purpose;and NOW,THEREFORE,in consideration of the terms and conditions set forth below,it is mutually agreed by and between Kent and Renton as follows: 1.PURPOSE OF AGREEMENT.The purpose of this Agreement is to provide for the Renton Police Department to use Gladiator servers hosted by the Kent Police Department;to establish guidelines for this use;and to set forth conditional fees to be paid by Renton for such services. 2.SERVER ACCESS AND USE PROVIDED.The Kent Police Department shall provide server access to Renton as provided in this Agreement. 2.1 Use of Gladiator Equipment.Kent shall allow Gladiator to provide Renton with remote access to the Kent’s Gladiator server for the exclusive purpose of wireless network forensics.This web deployment is user and password controlled and will ensure that Kent and Renton cases and data are kept separate with no crossover access by either party. 2.2 Licensing Requirement.Renton shall maintain a valid license to access and use Gladiator services,including any software that Renton accesses through Kent’s server.Any licensing agreement shall specificaLly reference Renton’s use of Kent’s Gladiator server and the consent of GLadiator to this use.Renton shall provide this licensing agreement to Kent within 30 days of effective date of this agreement. Gladiator Interlocal Agreement between City of Kent and City of Renton Page 1 of4 2.3 Data Access.The Parties to this agreement shall at no time have access to any searches,investigations,or other data obtained through the other party’s use of the Gladiator software.In relation to any disclosures required under the Washington Public Records Act,the parties agree that neither party shall prepare,own,use,or retain any records or data related to the other party’s use. 3.FEES.In consideration of the services enumerated in this Agreement,the Parties agree to the fees and charges below. 3.1 Server/Equipment Expansion Fee.Renton shall be responsible for paying the costs of any server expansion or additional hardware reasonably necessary to accommodate Renton’s use of the server.A proportion of any costs may be assigned to Renton in the event that use by Kent or other parties substantially contribute to the need for expansion or additional hardware.The City of Kent shall inform Renton of any fees in writing 15 days prior to any invoice for these fees.Renton may terminate this Agreement upon receipt on such notice. 3.2 Service Costs.Renton shall be responsible for any maintenance fees reasonably attributable to Renton’s use of this system. 4.BILLiNG AND PAYMENT.Renton shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice.The invoice shall be sent to Renton at the address provided for notices.Renton shall pay to Kent the amounts invoiced within 30 days of receipt of such bill.The failure of Kent to invoice Renton for fees or costs shall not relieve Renton of the responsibility for paying any fees or costs as required by this Agreement. The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5.EFFECTIVE DATE -TERMiNATION.The initial term of this Agreement shalt start on ______________ 2024,and shalt remain in effect through June 30,2026.This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the parties. Agreements for successive terms shall be agreed to by the Parties by May 1 of the year in which the then current term ends. 5.1.Early Termination without Breach.Should either party desire to terminate this Agreement absent a breach,a notice of termination shall be provided in writing to the other party no less than 30 days prior to the effective date of the termination.Kent shall not be liable for any costs associated with this termination,including loss of Gladiator software use or license fees due to loss of server access. 6.iNDEMNIFICATION. 6.1.Renton shall indemnify and hold harmless Kent and its officers,agents,and employees,or any of them from any and atl claims,actions,suits,liability,loss,costs,expenses, and damages of any nature whatsoever,by any reason of or arising out of any act or omission of Gladiator Interlocal Agreement between City of Kent and City of Renton Page 2 of4 Renton,its officers,agents,and employees,or any of them relating to or arising out of the performance of this contract.In the event that any suit based upon such a claim,action,loss,or damage is brought against the Kent,Renton shall defend the same at its sole cost and expense, including the payment of appLicable attorney’s fees;provided that Kent retains the right to participate in said suit;and if final judgment be rendered against Kent,and its officers,agents,and employees,or any of them,or jointly against Kent and Renton and their respective officers, agents,and employees,or any of them,the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.2.The provisions of this Section shall survive termination of this Agreement. 7.INSURANCE.Renton shall procure and maintain for the duration of the Agreement, insurance of the types and in amounts described in Exhibit A attached and incorporated by reference. 8.MISCELLANEOUS. 8.1 Financing.There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement,except as set forth herein.There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 8.2 Property.This Agreement does not provide for the acquisition,holding or disposal of real or personal property. 8.3 Joint Administrative Board.No separate legal or administrative entity is created by this Agreement.To the extent necessary,this Agreement shall be jointly administered by the Police Chief for Kent or his/her designee,and the Police Chief for Renton or his/her designee,who together,shall constitute the board contemplated in RCW 39.34.030(4)(a). 8.4 Failure to File or Publish.The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 8.5 Entire Agreement.This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements,oral or otherwise,regarding the subject matter of this Agreement,shall be deemed to exist or bind any of the Parties hereto.Either party may request amendments to this Agreement.Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 8.6 Third Parties.Nothing contained herein is intended to,nor shall be construed to, create any rights in any third party,or to form the basis for any liability on the part of the Parties to this Agreement,or their officials,officers,employees,agent,or representatives,to any third party. Gladiator Interlocal Agreement between City of Kent and City of Renton Page3 of4 8.7 Notices.Notices shall be sent to the following addresses: Chief Administrative Officer and Mayor and Police Chief Police Chief City of Kent City of Renton 220 fourth Avenue South 1055 South Grady Way Kent,WA 98032 Renton,WA 98057 8.8 Severability.If,for any reason,any part,term or provision of this Agreement is held by a court of competent jurisdiction to be illegal,void or unenforceable,the validity of the remaining provisions shall not be affected,and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington,said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith,and shall be deemed modified to conform to such statutory provisions. 8.9 Discrimination.Each party acknowledges that it is subject to certain requirements and assurances relating to non-discrimination as required by Federal and State laws and regulations as outlined in Exhibit B,attached and incorporated herein. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed. CITY Of KENT:CITY OF RENTON: Dana Ralph,Mayor Armondo Pavone,Mayor Dated:___________________________Dated:_________________ Attest: Kim Komoto,City Clerk Jason A.Seth,City Clerk Dated:_______________________Dated: Gladiator Interlocal Agreement between City of Kent and City of Renton Page 4 of 4 Approved as to Form:Approved as to Form: Tammy White,City Attorney Shane Moloney,City Attorney Dated:Dated: Exhibit A Certificate of Insurance attached ACfJRL CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCER NAME:Jamie AmoldiSeattle-Alliant Insurance Services,Inc.PHONE I FAX 401 Union Street,31st Floor tAlC,No,Exti:949-627-7000 I (AJC,Ne): E-MAILSeattleWA98101ADDRESS:iamie.amoldi@alliant.com INSURER(S)AFFORDING COVERAGE NAIC # INSURERA:Safety National Casualty Corpo 15105 INSURED RENTONO-Ol INSURER B:Lloyd’s Syndicate 623 (Beazley 0CityofRenton 1055 S Grady Way INSURERC: Renton WA 98057-3232 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1565105896 REVISION NUMBER: THIS IS TO CERTIFY THAI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLJSUBRI POUCYEFF POLICY EXP IL’yj —TYPE OF INSURANCE POLICY NUMBER IMMIDDIYYYYI (MMIDDIYYYY)L LIMITS A X I COMMERCIALGENERALLLABIUTY Y XPR4067991 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED J CLAIMS-MADE OCCUR PREMISES lEa occurrence)S 500,000 H MED EXP (Any one person)5 PERSONAL &ADV INJURY $ GEN’L AGGREGATE LIMIT APPLIES PER;GENERAL AGGREGATE $2,000,000 POLICY t PRO-LOC PRODUCTS -CaMP/OP AGG $2,000,000L_]JECT OTHER.Per Member ——SIR $300,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $—tEa accident) ANY AUTO BODILY INJURY (Per person)$ AUTOSAUTOSONLY HIRED NON-OWNED PROPERTY DAMAGE OWNED SCHEDULED BODILY INJURY (Per accident)$ 5AUTOSONLYAUTOSONLY(Per accident) $ UMBRELLALIAB L_]OCCUR —EACH OCCURRENCE $______________j EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS ——$ A WORKERS COMPENSATION SP4067912 1/1/2024 1/1/2025 I PER I I 0TH-“I STATUTE I I ERANDEMPLOYERS’LIABIUTY Y I N ANYPROPRIETOR/PARTNERJExECUTIVE EL.EACH ACCIDENT $1,000,000OFFICER/MEMBEREXCLUDED?[_]N/A (Mandatory In NH)EL.DISEASE -EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below ——EL.DISEASE -POLICY LIMIT $1,000,000 B CyberLiability’Y AP1P2324 711/2023 7/1/2024 See Below’See Below’-J DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required)Excess Workers Compensation is subject to a $750,000 Self-Insured Retention. *APIP Cyber Coverages &limits: APIP Policy #FN2205500 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUThORtZED REPRESENTATIVE Emo f.C-Ykk, DATE (MMIDD/YYYY) 4/2212024 Ai.$45,000,000 Annual Policy and Program Aggregate Limit of Liability (subject to policy exclusions)for all Insureds/Members combined (Aggregate for allcoveragescombined,including Claims Expenses),subject to the following limits and sub-limits as noted. All.$40,000,000 JPAJPOOI Annual Aggregate Limit of Liability,(subject to policy exclusions)for each JPNP00I,within the Annual Policy and Program AggregateSeeAttached,.. ©1988-2015 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORDACORD25(2016103) AGENCY NAMED INSURED Seattle-Alliant Insurance Services,Inc.City of Renton 1055 S Grady Way POLICY NUMBER Renton WA 98057-3232 CARRIER NMC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE Limit of Liability (Aggregate for all coverages combined,including Claim Expenses)subject to the following limits and sub-limits as noted. Aiii.$2,000,000 Insured/Member Annual Aggregate Limit of Liability (subject to policy exclusions)for each Insured/Member,within the Annual Policy andProgramAggregateLimitofLiabilityand]PNPool Annnual Aggregate Limit of Liability (Aggregate for all coverages combined,including Claim Expenses)subject to the following limits and sub-limits as noted. BREACH RESPONSE: A.$500,000 Aggregate Limit of Liability for each Insured/Member for Breach Response Costs (Limit is increased to $1,000,000 if Beazley Nominated ServicesProvidersareused) FIRST PARTY LOSS: Business Interwption and Dependent Business Interruption Aggregate Sublimit:$750,000 Aggregate Limit of Liability for each Insured/Member A.$750,000 Aggregate Limit of Liability for each Insured/Member for Business Interruption Loss Resulting from Security Breach B.$500,000 Aggregate Limit of Liability for each Insured/Member for Business Interruption Loss Resulting from System Failure C.$750,000 Aggregate Limit of Liability for each Insured/Member for Dependent Business Loss Resulting from Security Breach D.$100,000 Aggregate Limit of Liability for each Insured/Member for Dependent Business Loss Resulting from System Failure E.$750,000 Aggregate Limit of Liability for each Insured/Member for Cyber Extortion Loss F.$750,000 Aggregate Limit of Liability for each Insured/Member for Data Recovery Costs LIABILITY: A.$2,000,000 Aggregate Limit of Liability for each Insured/Member for all Damages and Claims Expenses -Data &Network Liability B.$2,000,000 Aggregate Limit of Liability for each Insured/Member for Regulatory Defense &Penalties C.$2,000,000 Aggregate Limit of Liability for each Insured/Member for Payment Card Liabilities &Costs D.$2,000,000 Aggregate Limit of Liability for each Insured/Member for Media Liability eCRIME: A.$75,000 Aggregate Limit of Liability for each Insured/Member for Fraudulent Instruction B.$75,000 Aggregate Limit of Liability for each Insured/Member for Funds Transfer Fraud C.$75,000 Aggregate Limit of Liability for each Insured/Member for Telephone Fraud CRIMINAL REWARD: A.$25,000 Aggregate Limit of Liability for each Insured/Member for Criminal Reward COVERAGE ENDORSEMENTS: A.$100,000 Aggregate Limit of Liability for each Insured/Member for Reputation Loss B.$50,000 Aggregate Limit of Liability for each Insured/Member for Claims Preparation Costs for Reputation Loss Claims Only C.$100,000 Aggregate Limit of Liability for each Insured/Member for Computer Hardware Replacement Costs D.$100,000 Aggregate Limit of Liability for each Insured/Member for Invoice Manipulation E.$25,000 Aggregate Limit of Liability for each InsuredlMember for Cryptojacking RETENTION: $50,000 Per Claim for each Member/Insured with Total Insured Value(TIV)up to $250,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss $100,000 Per Claim for each Member/Insured with Total Insured Value (TIV)greater than $250,000,000 and up to $750,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss $250,000 Per Claim for each Member/Insured with Total Insured Value (TIV)greater than $750,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss RE:MDU with City of Kent. The City of Kent is included as Additional Insured.Coverage is primary and non-contributory. ACORD f1 (2008101)©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:RENTONO-Ol LOC #: ________________ A5RL ADDITIONAL REMARKS SCHEDULE Page iof EXHIBIT B CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City)is committed to conform to Federal and State laws regarding equal opportunity.As such all contractors,subcontractors,consultants,vendors,and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: •Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of race,color,national origin); •49 C.F.R.Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); •28 C.F.R.section 50.3 (U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). Ch.49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and Regulations”. The following statements specifically identify the requirements the City deems necessary for any contractor,subcontractor,or supplier on this specific Agreement to adhere to.An affirmation of all of the following is required for this Agreement to be valid and binding.If any contractor, subcontractor,or supplier willfully misrepresents themselves with regard to the directives outlined below,it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race,color,national origin,age,or the presence of all sensory,mental or physical disability. 3.During the time of this Agreement I,the prime contractor,will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity em ployer. 4.During the time of the Agreement I,the prime contractor,will actively consider hiring and promotion of women and minorities. 5.During the performance of this contract,the contractor,for itself,its assignees,and successors in interest (hereinafter referred to as the contractor”)agrees as follows: EEC COMPLIANCE DOCUMENTS -1 of 5 A.Compliance with Regulations:The contractor,subcontractor,consultant, vendor,and supplier (hereinafter “Contractor”)will comply with all Acts and the Regulations relative to non-discrimination,including those applicable to Federally- assisted programs of the U.S.Department of Transportation,State-assisted programs through the Washington State Department of Transportation,and generally under Washington’s Law Against Discrimination,Ch.49.60 RCW,as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. B.Non-discrimination:The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment.The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations,either by competitive bidding,or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports:The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined applicable to contractor’s contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the City or the Washington State Department of Transportation,as appropriate,and will set forth what efforts it has made to obtain the information. E.Sanctions for Noncompliance:In the event of a contractor’s noncompliance with the non-discrimination provisions of this contract,the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate,including,but not limited to: a.withholding payments to the contractor under the contract until the contractor complies;and/or b.cancelling,terminating,or suspending a contract,in whole or in part. F.Incorporation of Provisions:The contractor will include the provisions of paragraphs (A)through (F)above in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts and Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance.Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor,or supplier because of such EEO COMPLIANCE DOCUMENTS -2 of 5 direction,the contractor may request the City to enter into any litigation to protect the interests of the City.In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6.During the performance of this contract,the contractor,for itself,its assignees,and successors in interest agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Pertinent Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d et seq.,78 stat.252), (prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21. ii.The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii.Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); iv.Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended, (prohibits discrimination on the basis of disability);and 4 CFR Part 27; v.The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.), (prohibits discrimination on the basis of age); vi.Airport and Airway Improvement Act of 1982,(49 USC §471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); vii.The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms “programs or activities”to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii.Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities (42 U.S.C.§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; ix.The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C.§47123) (prohibits discrimination on the basis of race,color,national origin,and sex); x.Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi.Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin discrimination includes discrimination because of Limited English proficiency (LEP).To ensure EEC COMPLIANCE DOCUMENTS -3 of 5 compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.Reg.at 74087 to 74100); xii.Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). xiii.Washington Law Against Discrimination (Ch.49.60 RCW) 7.The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract’s performance. By signing below,I agree to fulfill the five requirements referenced above. By: ____________________________ For: ______________________________ Title: __________________________ Date: __________________________ EEC COMPLIANCE DOCUMENTS -4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER:1.2 EFFECTIVE DATE:October 20,2022 SUBJECT:INCLUSIVE CONTRACTING SUPERSEDES:January 1,1998 APPROVED BY Dana Ralph,Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws.All contractors,subcontractors,consultants,and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year,must take the following affirmative steps: 1.Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2.Actively consider for promotion and advancement available minorities and women. Further,all contractors,subcontractors,consultants,suppliers,grantees,or subgrantees of the City,regardless of the value of the Agreement,are required to sign the City’s Non-Discrimination Policy Declaration,prior to commencing performance. Any contractor,subcontractor,consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning,Parks,and Public Works Departments to coordinate with the City’s Title VI coordinator,and perform the following duties for their respective departments. 1.Ensuring that contractors,subcontractors,consultants,and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2.Monitoring to assure adherence to federal,state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS -5 of 5