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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/02/2002 City of Kent City Council Meeting Agenda KEN T W A S H I N G T O N Mayor Jim White Councilmembers Tim Clark, Council President Connie Epperly Bruce White Leona Orr Judy Woods Julie Peterson RicoYingling July 2, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT July2, 2002 W^5 H I.°•°" Council Chambers 700pm MAYOR: Jim White COUNCILMEMBERS Tun Clark, President Connie Epperly Leona Orr Julie Peterson Judy Woods Bruce White Rico Yingling ********************************************************************************* 1 CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3 CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B FROM THE PUBLIC 4 PUBLIC COMMUNICATIONS A Employee of the Month B Proclamation—Parks and Recreation Month � 8 �cycle �}-clv �so{y 6o��d �fu�emen� 5 PUBLIC HEARINGS ptin tees A Sale of Surplus Water Equipment—Resolution 10 1z 1 6 CONSENT CALENDAR A Minutes - Approval B Bills—Approval C Transition of Valley Narcotics Enforcement Team Employee to Police Department—Authorize and Amend Budget D Community Oriented Policing Services in Schools Office of Justice Grant — Accept and Amend Budget �E Excused Absence for Council Member Woods—Approve F East Hill Skate Park Budget—Amend Budget (�0 G. Network Backbone Replacement—Authorize Contracts H S 196th Street Corridor Middle Leg—Accept as Complete I Washington State Department of Transportation Grant, SR 99 —Accept and n Amend Budget ---'lW Meridian Ridge Division 1 Final Plat— Approve Councilmamc Bonds (LTGnO�) for r2=002—Approve Ae 7 OTHER BUSAlESS A Special Council Meeting on August 6th, National Night Out 8 BIDS A 2002 Asphalt Overlays B Kent-Mendian High School Sidewalk Improvements (continued next page) SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Labor Negotiations B Pending Litigation 13 ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us An explanation of the agenda format is given on the back of this page Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • • PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH n B) PROCLAMATION-PARKS AND RECREATION MONTH 4D Kent City Council Meeting Date July 2, 2002 Category Public Hearings 1 SUBJECT: SALE OF SURPLUS WATER EQUIPMENT - RESOLUTION 2 SUMMARY STATEMENT: The City owns certain water equipment which the Public Works Director has determined it no longer needs as part of its water system. It consists of approximately 400 used water meters and 2,000 pounds of brass and copper scrap pipe, fittings, and other materials State law requires that the City hold a public hearing to receive public comment before determining whether this public utility equipment is surplus to the City's needs and should be sold by public bid 3 EXHIBITS: Memorandum from Public Works Director, memorandum from Warehouse Supervisor, and resolution 4 RECOMMENDED BY: Public Works Committee • (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7 CITY COUNCIL ACTION: A Councilmember moves, Councilmember seconds to close the public hearing B Councilmember &Wmoves, Councilmember_AaAcconds passage of Resolution No. l bd l which declares certain water system utility equipment surplus and authorizes its sale to the highest bidder at public bid DISCUSSION ACTION- Council Agenda Item No 5A WA ST 35 94 040 Page 1 West's RCWA 35 94 040 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35 CITIES AND TOWNS CHAPTER 35 94 SALE OR LEASE OF MUNICIPAL UTILITIES Copi C West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35 94 040 Lease or sale of land or pi operry oruginally acquired for public trtihh purposes Whenever a city shall determine, by resolution of its legislative authority, that any lands, property, or equipment originally acquired for public utility purposes is surplus to the city's needs and is not required for providing continued public utility service, then such legislative authority by resolution and after a public hearing may cause such lands,property, or equipment to be leased sold, or conveyed Such resolution shall state the fair market value or the rent or consideration to be paid and such other terms and conditions for such disposition as the legislatn e authority deems to be in the best public interest The provisions of RCW 35 94 020 and 35 94 030 shall not apply to dispositions authorized by this secnon Copr G West 2002 No Claim to Orig U S Govt Works PLBL[C N1 ORKS DEPaRT%1E'1T Don E Wlckstrorn, P E Public Works Director Phone 253-856-5500 • Fax 253-856-6500 K�NT Address 220 Fourth Avenue S W�SHIX G'ON Kent,WA 98032-589 Date June 3 , 2002 Tc Public Works Committee From. Don Wicks tro'r , Public Works Director Sub]ect . Surplus Water Equipment Attached is a list of Water Equipment/Parts that Is notbe use or necessary lOnger oL to the City We are reau_sting that declared as surplus and sold at the next public auction MOTION- declare the listed equipment/parts as Recommend authorization to ext public surplus and authorize the sale thereof at the n auction surplusEqulpment PUBLIC WORKS \ Don E Wickstrom, Director I�GN-I- OPERATIONS DIVISION w I.o T. Larry R Blanchard, Manager Phone 253-856-5656 Fax 253-856-6600 Mailing Address 220 Fourth Avenue South Kent, WA 98032-5895 Location Address 5821 South 240th Date April 30, 2002 To Kent City Council Through Larry Blanchard and Don Wickstrom From Frank Olson, Warehouse Supervisor Subject Request Authorization for Surplus The Public Works Operations warehouse has the following equipment/parts that we can neither use nor need Approximately 400 water meters which are not functioning properly (and which have been replaced with newer models over the past few years) The excess meters could not be rebuilt Also, malfunctioning meters can have a detrimental impact on water revenues if they do not register accurately Approximately 2,000 pounds of unusable brass fittings and copper pipe This material was removed in the process of repairing water services Space at Operations is currently at a premium, and any opportunity to remove unusable materials should be exercised We are, therefore, proposing to surplus this material The items described above could be sold for scrap by the pound, the approximate value is $1,500 Although not required, I would request per pound bids from at least three potential buyers /J Concur Larry �RQBlanchard,, perations Manager Concur ) V Don Wickstrom, Public Works Director FO rcb RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, determining that certain water system utility equipment is surplus to the City's needs, providing for the sale thereof, stating the consideration to be paid for the equipment, and authorizing the Director of Public Works to enter into a sales agreement with the highest bidder WHEREAS, the City of Kent ("City") has in its possession certain equipment consisting of approximately 400 water meters and approximately 2,000 pounds of brass and copper from scrap pipe, fittings. and other materials which equipment is no longer actively in use as part of the Crty's water system. and WHEREAS, the Director of Public Works has determined that the City no longer has any use or need for such equipment. and WHEREAS, the City Council held a public hearing on Tuesday. July 2, 2002, at a regularly scheduled City Council meeting and invited comments regarding the Citv's intention to surplus the above-mentioned equipment, and WHEREAS, RCW 35 94 040 requires that the City determine, after a public hearing and by resolution of the City Council that equipment originally acquired for public utility purposes is surplus to the City's needs and should be leased, sold or conveyed, NOW THEREFORE, 1 Surph"Property— iPater System Utility Equipment THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION I. - Recitals Incorporated The foregoing recitals are incorporated and fully made a part of this resolution SECTION 2. — Equipment Deemed Surplus The above-descnbed equipment originally acquired for public utility purposes is now surplus to the City's needs and is not required for providing continued public utility service SECTION 3 —Public's Best Interest It is in the public's best interest that this surplus equipment shall sold by bid to the highest bidder SECTION I. — Consideration to be Paid The consideration to be paid for the surplus property shall be in U S dollars in the form of cash or cashier's check SECTION .i. — 4uthonty of Public Works Director The Director of Public Works is authorized to enter into an agreement with the highest bidder to effect the sale of the surplus property SECTION h. - Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 12002 CONCURRED in by the Mayor of the City of Kent this day of 12002 IIM WHITE, MAYOR 2 Surplus Property— Water System Utility Equipment ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a truee and correct copy of Resolution No passed by the City Council of the City of Kent, Washington, the day of , 2002 BRENDA JACOB ER. CITY CLERK I'll 4 Surphis Property— Watcr System Gnhry Equipment CONSENT CALENDAR 6 City Council Action /� Councilmember moves, Councilmember Qw seconds to approve Consent Calendar Items A through K. Discussion Action 6A. Approval of Minutes Approval of the minutes of the regular Council meeting of June 4, 2002 • 6B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on June 18, 2002 Approval of checks issued for vouchers Date Check Numbers Amount 6/15/02 Wire Transfers 1193-1202 $1,169,819 53 6/15/02 Prepays & 534578 326,860 33 6/15/02 Regular 535097 3,744,208 65 $5,240,888 51 Council Agenda Item No 6 A-B -.00,00" • K E N T Kent, Washington June 18 , 2002 The regular meeting of the Kent City Council was called to order at 7 00 p.m. by Mayor White Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods , and Yingling Others present Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Community Development Director Satterstrcm, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, Deputy Police Chief Miller, Fire Chief Schneider and Employee Services Director Viseth Approximately 25 people were at the meeting (CFN-198) CHANGES TO THE AGENDA From Council, Administration or Staff . Mayor White announced that Consent Calendar Item H should be removed from the agenda, and he added Consent Calendar Item P, appointment to the Land Use and Planning Board. He later introduced his appointee, Deborah Ranniger (CFN-198) From the Public . At the request of Bob O ' Brien, 1131 Seattle Street , the addition of Kent Station Appraisal was added to the agenda as Continued Communications Item 11A. A request from Karen Reed, 25120 98th Place South, regarding building inspections was added as Continued Communications Item 113 . (CFN-196) PUBLIC COMMUNICATIONS Dragon Boat Challenge. Julie Holbrook, 15651 SE 256th, Covington, issued a challenge to the City of Kent to form a City team to participate in a dragon boat race at Lake Meridian on July 13 in connection with Cornucopia Days . Mayor White accepted the challenge and noted for Holbrook that the contact person will be Tier White in the Mayor' s Office . (CFN-198) Parks, Recreation and Community Services Award Presentation. Parks Director Hodgson presented a slide show of pro3ects which have received- awards recently, including the community service/teen camp, Chestnut Ridge Park, Neely Soames Homestead, Kent Valley Ice Arena, the City of Kent Generator Building, and 2001 Make a Difference Day projects at Glenn Nelson Park, Morrill Meadows Park and Clark Lake Park (CFN-118) 1 Kent City Council Minutes June 18 , 2002 CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through P, with the exception of Item H. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of June 4 , 2002 . STREET VACATION (PUBLIC HEARINGS - ITEM SA) (CFN-102 ) 48th Place South Street Vacation (STV-2,002-1/KIVA 32020508) . Resolution No 1618 established this date for a public hearing on an application by Jim Cassel to vacate a portion of 48th Place South, west of SR 516 . Charlene Anderson, Planning Manager, displayed a map of the area and explained that staff recommends denial because of concerns relating to the severe hazard areas . She noted that slides had occurred on the property just to the south and that part of the property is listed in the Severe Hazard Area She opined out that although compensation is available, it is not worth the risk that the City would have if they vacated the property Mayor White opened the public hearing. Jim Cassel , 3507 99th Drive SE, Everett, acknowledged that this is a slide hazard area and said he would take on the liability He noted that a geologist feels the site is buildable . Rick Steele, 24744 45th Avenue South, said there have been several slides in the area and he feels it is not buildable There were no further comments from the public and WOODS MOVED to close the public hearing Clark seconded and the motion carried. ORR MOVED to approve the staff ' s recommendation of denial of the application to vacate a portion of 48th Place South, west of SR 516, as referenced in Resolution No . 1618 Clark seconded Upon White ' s question, Wickstrom explained that over time, the hill will come down, and that the City would be named in a lawsuit even though there may be no liability whatsoever He said the cost of defense would outweigh the amount of money gained • from the sale of the property. Brubaker concurred 2 Kent City Council Minutes June 18 , 2002 STREET VACATION Anderson explained for Peterson that it mignt be possible that one single family residence could be built on the site, and if not, crop and tree farming could be done The motion to deny the application then carried with White opposed. (PUBLIC HEARINGS - ITEM 52) (CFN-102 ) SE 266th Street Vacation (STV-2002-2/KIVA #2020816) . Resolution No 1619 established this date for a public hearing on the application by Mark Holland of Pacific Land Consulting, Inc . , to vacate a portion of SE 266th Street between 128th and 132nd Avenue SE Charlene Anderson, Planning Manager, showed the location and noted that the purpose of the street vacation is to facilitate development of a proposed subdivision called Highland Park. She noted that staff recommends approval of the street vacation with conditions as shown in the staff report Upon questions from Council members , it was noted that there would be a pedestrian access all the way from 128th to 132nd The Mayor opened the public hearing Mark Holland, 13619 Mukiltec Speedway, Lynnwood, requested that Condition No 1 be tied to the approval of the engineered drawings and that any compensation or trading referenced in the condition be done at that time Wickstrom explained that Mr Holland does not necessarily want to buy additional property if his plat is not approved Brubaker noted that typical procedure has been to impose conditions and when they' ve been met , the cost is paid and an ordinance is brought to Council finalizing and executing the street vacation and the property cnanges hands at that time Holland noted that he is working with the Parks Department to swap some of the land, and that the legal description won' t be known until the engineering drawings are complete George Webb, 26524 128th Avenue SE, asked whether the portion of the right of way ad]acent to his property would revert back to him if the vacation went through He was told that 30 ' would remain public right of way and that he could file a petition to vacate that portion of the street adDcining his property 3 Kent City Council Minutes June 18 , 2002 STREET VACATION There were no further comments and YINGLING MOVED to close the public hearing. Woods seconded and the motion carried. Brubaker noted for Orr that Condition No 1 could be amended. SHE THEN MOVED to approve the staff ' s recommendation of approval with conditions of the appli- cation to vacate a portion of SE 266th Street between 128th and 132nd Avenues SE, as referenced in Resolution No. 1619 , with one amendment to Condition No 1 that the compensation shall be collected at the time the property delineations have been made and the exact amount of property to be vacated is known to the applicant and to the City, and to direct the Citv Attorney to prepare the necessary ordinance upon compliance with the conditions of approval Woods seconded Brubaker noted that this action could be annulled because the ordinance will not be created until the conditions are fulfilled The motion then carried WATER (CONSENT CALENDAR - ITEM 6F) (CFN-787) Water System Plan Ordinance. Adoption of Ordinance No 3606 relating to the City' s 2002 Water System Plan ( "Plan" ) The ordinance adopts the Plan, which deter- mines the adequacy of the City of Kent Water System to meet existing and proDected requirements for provision of domestic and fire protection service within the City' s established water service area (CONSENT CALENDAR - ITEM 6L) (CFN-1065) Tacoma Second Supply Project Agreement, Partnership Amendment . Confirmation that if the City of Seattle does not sign the existing Tacoma Second Supply Pro3ect agree- ment within a time frame determined by the balance of the partners, Kent will pick up one-quarter to one-third of Seattle ' s share of the project and direct staff to pursue the necessary changes to the Tacoma Second Supply Project agreement , as recommended by the Public Works Committee SEWER (CONSENT CALENDAR - ITEM 6G) (CFN-162 ) Kent-SeaTac Sewer Service Agreement Amendment. Authorization to amend the existing Sewer Service Agreement with the City of SeaTac, upon concurrence of the language therein by the Cit_, Attorney and the Public 4 Kent City Council Minutes June 18 , 2002 SEWER Works Director, as recommended by the Public Works Committee The amended agreement will include sewer service along 42nd Avenue South and Orillia Rd South. (CONSENT CALENDAR - ITEM GI) (CFN-485) Strawberry Place Division 1 Latecomers Agreement. Authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W E . Ruth for Strawberry Place Division 1 , as recommended by the Public Works Committee (CONSENT CALENDAR - ITEM 6J) (CFN-485) Strawberry Place Division 2 Latecomers Agreement. Authorization for the Public Works Director to execute a Sewer Latecomer Agreement with W E Ruth for Strawberry Place Division 2 , as recommended by the Public Works Committee (CONSENT CALENDAR - ITEM 6K) (CFN-485) Mental Health Housing Foundation Latecomers Agreement. Authorization for the Public Works Director to execute a Sewer Latecomer Agreement with William T Isabell for the Mental Health Housing Foundation, as recommended by the Public Wcrxs Committee PUBLIC WORKS (CONSENT CALENDAR - ITEM GM) (CFN-1038) Pacific Highway South HOV Lanes Pro3ect Interlocal Agreement with Highline Water District . Authorization_ for the Mayor to sign an Interlocal Agreement with Highline Water District for the relocation of their facilities within the City' s Pacific Highway HOV Lane Improvement Project , sub]ect to the Public Works Director ' s concurrence of the language therein and to establish a budget for same, as recommended by the Public Works Committee . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 60) (CFN-118) Interlocal Agreement for Waterfowl Management. Authorization to enter into ar- Interlocal Agreement for waterfowl management, as recommended by the Parks , Recreation and Communitv Services Director 5 Kent City Council Minutes June 18 , 2002 0 TRANSPORTATION (CONSENT CALENDAR - ITEM 6N) (CFN-335) Transportation Improvement Grant. Authorization for the Mayor to sign the TIB grant agreement in the amount of $1 , 038, 017 for the construction phase of Pacific Highway South, direct staff to accept the grant and to establish a budget for the funds to be spent within this road improvement project , as recommended by the Public Works Committee (OTHER BUSINESS - ITEM 7A) (CFN-171) Referendum 51, State of Transportation Package . In its last session, the State Legislature voted to submit a $7 . 7 billion transportation package to the voters of this state for approval or denial in this November ' s general election Council has established this agenda item at this time for discussion purposes only and may take additional action on the matter at a later time Public Works Director Wickstrom gave a brief overview of the transportation projects in King County covered by Referendum 51 Cliff Ridgeway, President of the Kent Chamber of Commerce, urged the Council to support Referendum 51 Yingling spoke in support of the referen- dum, noting that although it is not perfect , it is the right thing to do . He added that South King County greatly benefits from the projects which are included Tim Clark also spoke in support , noting that congestion affects air quality and public safety. Orr commented that voters must recognize that this is the only way the projects will be done, and if they do not support it , the results will be further congestion CABLE FRANCHISE (OTHER BUSINESS - ITEM 7B) (CFN-274) AT&T/Comcast Merger Consent. AT&T has a cable franchise with the City to provide cable television services to the citizens of the City AT&T plans to merge with another cable operator known as Comcast City of Kent Ordinance No 3107 requires AT&T to receive the City' s consent to the merger Martin noted that this is a routine matter which was discussed at the Operations Committee meeting today 6 Kent City Council Minutes June 18 , 2002 CABLE FRANCHISE YINGLING MOVED to pass Resolution No 1620 relating to consent of TCI Cablevision of Washington, Inc . , change of control . Woods seconded and the motion carried. APPOINTMENT (CONSENT CALENDAR - ITEM 6P) (CFN-174) Appointment to Land Use and Planning Board. Confirmation of the Mayor ' s appointment of Deborah Ranniger, Ph.D to serve as a member of the Land Use and Planning Board Mrs Ranniger owns and operates Ranniger ' s Nursery She has been an active member of the Kent Chamber of Commerce, is an accomplished artist , and worked as a Public Information Specialist in the Kent Police Depart- ment Mrs Ranniger will replace Terry Zimmerman, who resigned and her term will continue until 12/31/03 FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 4 , 2002 Approval of checks issued for vouchers Date Checx Numbers Amount 5/31/02 Wire Transfers 1184-1192 $ 895 , 389 17 5/31/02 Prepays & 533738 2 , 271, 995 87 5/31/02 Regular 534577 2 , 520' , 103 30 $5 , 693 , 488 34 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5 , 2002 Date Check Numbers Amount 6/5/02 Checks 260716-261080 $ 266, 402 56 6/5/02 Advices 129573 -130319 1 , 105 , 702 84 51 , 372 , 105 40 7 Kent City Council Minutes June 16, 2002 FINANCE (CONSENT CALENDAR - ITEM 6C) (CFN-104&171) Kent Station Bond Issue and Budget Change . Authorization to approve issuance of Councilmanic bonds of $6 . 4 million for Kent Station public purpose improvements and to establish a project budget of $23 . 5 million for the Kent Station Project for the period of 2001-2008 , as recom- mended by the Operations Committee at their June 4 , 2002 meeting. (CONSENT CALENDAR - ITEM 6D) (CFN-104) 2000 LTGO Bonds Reallocation. Authorization to approve reallocation of a portion of the 2000 LTGO bonds , as recommended by the Operations Committee at their June 4 , 2002 meeting (CONSENT CALENDAR - ITEM 6E) (CFN-171) Kent Station H&CD Loan Refinancing. Approval of a $9 million short term loan for the Kent Station Project from the Water Fund and to use this money to terminate and return the H&CD Borden Float Loan, as recommended by the Operations Committee at their June 4 , 2002 meeting King County has requested that the City consider extending the time for repayment of this loan, and staff has agreed to consider this time extension, if acceptable to the City Attorney and consistent with the goals of the Kent Station Project . As a result, staff may delay imple- mentation of the short term Water Fund Loan and H&CD loan pay off. REPORTS Public Works Committee. Orr noted that the next meeting will be at 5 . 00 p m on July 1st (CFN-198) Planning Committee. Orr noted that the next meeting will be a special meeting to be held at 3 00 p .m. on July 9th. (CFN-198) Parks Committee. Woods noted that the next meeting will be held at 4 00 p.m. on July 9th (CFN-198) Administrative Reports. Martin reminded Council members of an executive session of approximately five minutes regarding contract negotiations, and noted that action Is may be taken when the meeting reconvenes (CFN-198) 8 Kent City Council Minutes June 18 , 2002 KENT STATION (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-171) Kent Station Appraisal . Bob O 'Brien, 1131 Seattle Street, said a newspaper article stated that a recent appraisal valued the Kent Station property at $7 , 500 , 000 . He said the proposed budget shows that taxpayers will pay out approximately $23 , 500 , 000 , and asked for assurance chat the $23 , 500 , 000 figure would be used in all land sales to Langley, not the $7 , 500 , 000 figure which would he a loan of the City' s credit to Langley He asked to see the appraisal , and Martin said it will be made avail- able at the time the MOU w_th Langley is signed He clarified that the Kent Station budget nas decreased, not increased, and tnat the pro3ect has gone through a stringent legal review INSPECTIONS (CONTINUED COMMUNICATIONS - ITEM 11B) (CFN-224) Building Inspections . Karen Reed, noted that the external stairs at Timber Ridge Condos are rotting and will cost $4 , 000 to $5 , 000 per homeowner to repair She referred to ou_Ldinq inspections , and Mayor Whice said an internal investigation will take place to see whether all the proper procedures were followed EXECUTIVE SESSION The meeting recessed to Executive Session at 8 27 p .m. and reconvened at 8 32 p m (CFN-198) Contract Negotiations . EPPERLY MOVED that the Council authorize the Mayor to sign a three-year collective bargaining agreement with the Kent Police Officers Association Captains and Lieutenants Unit , effective January 1 , 2003 , to December 31, 2005 , subject to approval as to form ny the City Attorney' s Office . Woods seconded and the motion carried (CFN-198) ADJOURNMENT At 8 32 p m , WOODS MOVED to adjourn Orr seconded and the motion carried (CFN-198) Brenda Jacobe CMC City Clerk 9 • Kent City Council Meeting Date Julv 2, 2002 Category Consent Calendar 1. SUBJECT: TRANSITION OF VALLEY NARCOTICS ENFORCEMENT TEAM EMPLOYEE TO POLICE DEPARTMENT—AUTHORIZE AND AMEND BUDGET 2 SUMMARY STATEMENT: Authorization to transition the office manager position from Valley Narcotics Enforcement Team grant budget (N00101) to Police Drug Task Force budget (N00045), to retain the current employee as a Kent Police Department employee when the financial management of VNET grant moves to Tukwila, and to establish budget documents as required The employee :s currently a City of Kent employee paid with existing VNET grant funds. Tukwila will reimburse the City of Kent in full for the position from the grant when the new grant period starts 7/01/02, the requested transition date. 3. EXHIBITS: Memo to Operations Committee 6/12/02 • 4 RECOMMENDED BY: Operations Committee 6/18/02 (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: Salary& Benefits expenses, along with 100% reimbursement budget SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION. Council Agenda Item No 6C Department KENKent Po lice Memo To. Operations Committee From: Mary Ann Kern Admin Services Support Manage,via Chier Crawrord CC: Loma Rufener Division Commander Date: 6/12/02 Re: Transition Request to Move Sheridan to Kent Pouce Employee vs VNET The Police Department requests Council approval to transition Sheridan McClure s position to a Kent Police Department Employee versus a VNET emplovee As of July 1 2002 the Citv of TuKwila will taKe over the Financial responsibilities of the VNET grant and the pavment cf VNET bills This has been a rotated responsibility which has been handled by Renton then Kent, and now Tukwila A new grant period starts 7/l/02 and that would be the requested transition date Sheridan was emploved by VNET whne the City of Kent was handling the finances She nas been paio through our payroll system classified within our personne; classification system, anc has receives the City or Kent benefit packages In order to create the least amount of disruptior tc the emplovee it would be most beneficial to simply transition the position to the same project which runds the detective slot assigned to VNET (N00045) Sheridan's position would be budgeted and reimbursed in our existing protect The current grant protect where she is budgeted now is the VNET grant (N00101) wnich will be non- existent when Tukwila takes over handling the finances Sheridan's position would be billed and reimbursed in full at the same time as we bill for the detective position There would be no budget impact as the expenditure budget would be offset by the reimbursementlrevenue budget Our position lists would show an increase in one position which is being reimburses Because this issue is time sensitive, we needed to bnng it before the Operation's Committee U 1UserdatalWord DocumentslPublic Satety Memo Sheridan vnet doc • Paae 1 M Kern 06 • Kent City Council Meeting Date Julv 2, 2002 Category Consent Calendar 1 SUBJECT: COMMUNITY ORIENTED POLICING SERVICES IN SCHOOLS OFFICE OF JUSTICE GRANT — ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: Authorization to accept the COPS (Community Oriented Policing Services) in Schools Grant in the amount of$125,000 and to establish budget documents as required This grant would allow one additional Safety Education Officer (SEO) in the Kent and Federal Way elementary and middle schools located in Kent Currently one SEO is working in six elementary schools The COPS in Schools grant provides a maximum of$125,000 toward salaries and benefits over three years for an additional officer to work in the schools The City's share of the balance of the salaries and benefits not covered by the grant would be approximately S115,897 The equipment and training costs estimates for a new officer over three years equals $16,290 The total estimated City share for an additional school officer over three years equals $132,187 (Total may change based on contract salary increases over the three year grant period ) • As with all other COPS grants, grantee agencies are required to retain the COPS hired officer for one additional fiscal cycle beyond the grant term The grant's deadline for acceptance is August 6, 2002 3 EXHIBITS: U S Dept of Justice award letter dated 4/25/02, 2001 COPS in Schools Grant planning document, School Safety Protecting Children in Your Community brochure, Safety Education Officer article, and excerpts from correspondence from Kent School District staff 4 RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS Estimated $132 187 over three years 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION Council Agenda Item No 6D I U. S Department of Justice Office of Community, Oriented Policing Services COPS in Schools Award Application Organimtion's Name Kent Ponce Department Grantx 2002SH7✓X0061 ORf WA0I707 Vendors 91600I254 I Lam Enforcement Executive Name Chief Eoward Crawford ;daress 220 4th.Avenue South Cm State 7_2o Coae Kent WA 9805= Teievnonn i2]-) 856-5888 Fa: (2S) 856-6802 Government Executive Name Mavor James Wrnite -daresc _20 4th Avenue South Srotc %m COaC hen: WA 9803= `eteononc (_j=) SSo-�700 Uo-6700 aware Start Date Marc: , 200= Award End Date °eoruan 28 200� award Amnnnt _ .25 000 NnmDer of Officers Full Time Part Time v v� N APR � 4002 �:ar. Peec Date Director S• sienme mis aware Inc st=a,o;v officials are aercema to aotoe o' me Conmuons of Gran, award touno on ine reverse vice of this eocument Signature of Law Enforcement Executive with the Tvped Name and Title of Law Entorcemen, Date au nonty to accent this grant award Executive Signature of Government Executive with Tvnee Name me Title of Government Date the autnorm,to accept this grant aware Executive ?001 COPS in Schools Grant Planning Year One City Share Grant Salary & Benefits S 4,478 00 S70,829 00 Equipment/Training S 7.630 00 Totals S12.108 00 S70,829 00 Year Two Crtv Share Grant Salary &, Benefits 530,878 00 S50,000 00 EquipmentiTraining S -1330 00 Totals S35 208 00 S50.000 00 Year Three City Share Grant Salary & Benefits 58M41 00 S 4 171 00 Equipment/Training S 4330 00 Totals S84 871 00 S 4,171 00 Shares Over 3 Years S132,187.00 S125,000.00 Total: S257,187 00 Totals for City Share mav_ change based on contract salary negotiations over the three car grant peod n � ®�} \\ � � 75, 25 | � i o L � _ 7 �72 Es zz cm- J 'tp N U � � o Safety Education Officer (Article written in Fall 2000) The Crime Prevention Team (CPT), in cooperation with Cluef Crawford, Cltv of Kent and the Kent School District, has embarked on a new and excitme approach to educann2 young stuaents on the issues of personal safet}, drug abuse. anger-control, self-esteem how to teal with threats and threatening situations Other topics mclune functions of Government, and the Police Department and how to be good/responsible citizens Many issues ana other topics that may oe affecting their lives will be taught and oemonstratea as well What is unique anc exciting about this program is 'Department Involvement" in one form or another each Division Unit or maividual person will be involved in the nroducnon of SEO The CPT has been given the honor of sponsorng and prop imng suppon :o- the nrogram ant officers assignea in the seconc ouarter of=000 `_ .gas -ecc-_nizea that our D _� R - program would most iiKeiv not sun l e the -000 scnooi ear aue .o numerous issues in%olvm-_ tine ana a�aiiaoilir� to stuaenis Of eoual MID017 once .ve ^ecoUmzea the fac: we neeaea to oe in our senoois ana creati= -elatedness" `Vttn Linaer_anen `-"Sougn bth Qracie students Menionn2 ana role -noci.-,= ,,ere -_i%'.^ top ononIv ano are sunuorCea bv`ine ieacners ana orincinais ne ilot L� "scnooi seCunr officer The officer will resnonc-c in- OroEress situations on school gTounas she o- tie is attenciniz ana w ill nanale the situation ,line- .-ssi-lec :asi:s mill be oose,, I ma '-a=IIC ,low'ispeeas peaes:fan `low acti` hies a= 7an001 around securir oefore anc after scnooi Tile office.' on occasion :na% oe asKtc :o fiiow-up cn nroolema.,c stuaents or nsien io a stuaent_ sno nas .ssuts at nome mat may :111101` e aouse One ' tia, tasK tii, oe rot the ofncerto loin ,ands «ie; -ne ieacners amC ,nnc:pais a aesrsnma cu.nculums that-vill comeine the resources of ooth institutions cna promole the eaucat.onai process Our ultimate _aoai is to nave a lop--ierm connecron ,Litn the s.aeents creating a nosime reiationsnm mai will cart-' Over into in-c `Tittle Sc.looi •.'ears anc nopemll, Hien Senool vears Dfncer Da has oeen selected for tnis trial period and has aireaev mane iremenaous striaes n .,e five elementan' scnools selectea for :ne inai uro-_ram Tile moionsts ana area*s cr-^zinc heir :as TO scnooi notice her presence as scnooi is starnna She is attend= Staff meenn_es P-A aamenn-_s and is aireaa� worKins wan ieacners .n the resign of carricuiums Our commitment is that the program will exiena past the "trial bear" ana oe offered to all the elementary scnools on a full time basis This will happen' • Excerpts from Kent School District Staff Members Our counsehns staff member uses Tia I SE0) as a resource person with CPS, conflict resolutions, and pen- carries committed at school such as stealing from the book fair, etc We feel very safe especially on Tuesdays Tia is a member of our Success Team Meaaaw Ridge Elementan, "She (SEO) comes to my class every other Nfondav Her presence has mane a difference in the lives of manv of m% -fifth wade students Office- Da,, nas ouilt a stron_e rappon with main of the stuaents anc we ail took forward to ner r isiis ' 'I teach at an ai-risk scnool anci many of-he stuaents nere nave poor role rnoaeis at nome and a for of retam e of stuaents are In iall or nay e oeen in the oast Officer Day is a sreai role moaei Tor these stuaents aria sne is oundlns mist between students and cops 'Recenn, an at-risk stuacnt was place- n mr class This cmid was emersenc% exrenea Tom 'us old sonoei aistnct .or .hreatemns io onna a sun to scnooi This cmic s i-3nsmon into = roam .)as been mace easier -or )otn the cruic ana the because of the sanport recel�ea rrom Officer Da% mast :il. >~[emeiva;- She t SEO i no: oni, v or,s � -n -ne stuaents out she meets �Ith :ne stair anc snares e- aeas on ::,e sues aroune safer iotencc --cane, etc 've nape :ounci ner -o ce a aivaote -esoL=. ana aooc ene to oar zcnoo vaorge — Janie, E.ementar She (SEO' aoes =neat classroom nresentauons snen socaliins aoou: sa_etT. -esoonsmii,� eic She ,.as also naa :aa SOM:: =.- C e clean-t0-nearr tail's gill. some stuecnis wnc :aye naa proolems in our co= = aunns of:-scnooi lours I'een O'3rzen �iementsr She ,SEO) nas tieipea with aiscintme simanons that nave arisen -vnlie sne is nere zrone i-iio classrooms ,o assist stuaents with a anet,, of actn roes, anc teaches a r anen of saier, topics at all wade :eveis h-o 1L ith "Ilan` vT -he :,lasses also na'�in_ a follow-lip class or a series oI c:asses on inc same 'onic She nas cee- instrumental m provlam3 a den positive arCItuae toward police off cers In =erat Ior the =iems She has uiven us advice On situations and noN� to nanale Tnem as part of our school safet`. plan "She nas been mstrumentai in helping us out on some of the commumn problems that have arisen anc oroviaed as with acvice and direction Officer Das has a positive influence in our building with *ne stuaents We hope to see the program connnuee ana expanded in the htture " Kenr Elementan 'Our students neea to see a caring person _n uniform I know you (SEO) esoecialiv like ,ourjob as helping and preventing problems This is where your intervention in elementary is invaluable " cast Hill Elementar • Kent City Council Meeting Date July 2, 2002 Category Consent Calendar 1 SUBJECT: EXCUSED ABSENCE FOR COUNCIL MEMBER WOODS — APPROVE 2 SUMMARY STATEMENT: Approval of an excused absence from tonight's meeting for Councilmember Woods, who is unable to attend 3 EXHIBITS: None • 4 RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No 6E Kent City Council Meeting Date July 2, 2002 Category Consent Calendar 1 SUBJECT: EAST HILL SKATE PARK BUDGET .X—AMEND BUDGET 0 N� 2 SUMMARY STATEMENT: Authonzation to transfer $50,000 from the Capital fund of the Youth/Teen utility tax to the East Hill Skate Park budget for architectural and engineering services, as recommended by the Parks, Recreation and Community Services Director 3. EXHIBITS: Memo from Director Lori Flemm, Supt. of Parks Planning and Development • 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: Fund Transfer Only 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No 6F City of Kent Parks, Recreation and Community Services Memorandum To City Council Parks Committee From Lori Flemm, Superintendent Parks Planning and Development Copy John M Hodgson, Director Parks, Recreation and Community Services Date June 4, 2002 Re East Hill Skate Park-Amend Budget In February of 2001, the City purchased the Haak Property for the purpose of constructing a skate park The property is located at the southwest corner of SE 240th Street and 12oth Avenue SE In 2001, staff applied for a state grant for reimbursement of half of the acquisition costs, but was unsuccessful In 2002, staff submitted an application for half of the development costs, as well as for reimbursement of half of the acquisition costs In order to further develop the master plan for the site and improve the success rate of the grant application, staff intends to consult with a professional firm for design and engineering services Recommended Motion I move to transfer $50,000 from the Capital fund of the Youth/Teen utility tax to the East Hill Skate Park budget for architecture and engineering services • Kent City Council Meeting Date July 2, 2002 Category Consent Calendar 1 SUBJECT: NETWORK BACKBONE REPLACEMENT—AUTHORIZE CONTRACTS 2 SUMMARY STATEMENT: Approval of the City Network Backbone Replacement equipment and related services purchases, and authorization for the Mayor, subject to the City Attorney's approval of final terms and conditions, to sign the agreements necessary to- (1) Purchase Cisco equipment from the State DIS contract, (2) Purchase implementation assistance from NEC Business Network Solutions, and (3) Purchase ongoing annual maintenance directly from Cisco The need for a new city network backbone was one of the top priorities of Technology Plan 2002, which was approved by Council May 21, 2002. Technology Plan 2002 calls for core network components to be replaced in 2002 (Phase 1), with components in outlying facilities to be replaced in 2003 (Phase II) After numerous reviews using experts in the network field, a decision was made to purchase the Cisco gigabit Ethernet solution using an existing Washington state contract Requests for quotes for • implementation assistance were issued in May, 2002 Three (3) vendors responded with NEC Business Network Solutions, a CISCO Gold partner, being the recommended vendor for implementation assistance. 3 EXHIBITS: Memo from Galen Hirschi and Washington State Master contract— intranet routers and server switches 4 RECOMMENDED BY: Operations Committee 6/18/02 (unanimous) (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $379,409 SOURCE OF FUNDS. Technology Plan 2002 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION Council Agenda Item No 6G KENT INFORMATION TECHNOLOGY MEMORANDUM DATE: June 11, 2002 TO: City Council Operations Committee n FROM: Galen Hirschi, Senior Network Specialist CC• Martv Mulholland, Director of I.T. RE: City Network Backbone Replacement—Phase I (Part of Technology Plan 2002) Background: The need for a new city network backbone was one of the top priorities of Technology Plan 2002, because the existing network backbone is no longer supported Technology Plan 2002 calls for core network components to be replaced in 2002 (Phase 1), with components in outlying facilities to be replaced in 2003 (Phase I ) All network traffic depends upon the network backbone devices, so these devices are a critical component of our I T infrastructure Process: As part of the preparation process for development of Technology Plan 2002 city staff conducted a formal network review with network experts from 3 consulting companies During this engagement, all 3 consultants identified the network backbone as their top priority, and concurred that a gigabit Ethernet solution would be an appropriate choice of technology City staff conducted research, conference calls were placed with Gartner Group and preliminary network designs and costs were developed for two finalist vendors A separate, outside consultant was then hired to review staff research and designs and make a vendor solution recommendation The Cisco gigabit Ethernet solution was selected Pricing for the Cisco solution was then incorporated into Technology Plan 2002 Cisco equipment will be purchased from an existing Washington state contract City staff issued requests for quotes for implementation assistance in May 2002 Staff received quotes from three vendors Staff is recommencing that we use the services of NEC Business Network Solutions for Cisco backbone implementation assistance NEC Business Network Solutions is a CISCO Gold partner, and proposed a fixed price solution at an attractive rate as long as the scope of work identified by the City does not change References for proposed consultant team members were excellent Budget: The source of budget funds is Technology Plan 2002 The budgetary breakdown is as follows $278,127 Cisco equipment for phase I of gigabit Ethernet network backbone -sites include City campus,Fire Station 74, Shops, Corrections—purchased from Washington State D IS contract $40,150 Professional Services for installation assistance -NEC Business Network Solutions - based on implementation quote plus 10% contingency $29,132 First Year Maintenance-purchased directly from Cisco $32,000 Pro ect contra encv, addmonal tramm , etc $379,409 Total Attachment: Washington State Master Contract—Intranet Routers and Server Switches Council Motion: I move that the Council approve the City Network Backbone Replacement equipment and related services purchases, and that the Mayor, subject to the City Attorney's approval of final terms and conditions, be authorized to sign the agreements necessary to • Purchase Cisco equipment from the State DIS contract, • Purchase implementation assistance from NEC Business Network Solutions, and • Purchase ongoing annual maintenance directly from Cisco Please note: Updates provided in Amendment 99-04 have been incorporated into this document. Master Contract Number K97-MST 012 for Intranet Routers and Server Switches Between the Department of Information Services and Cisco Systems, Inc. Effective Date: March 19, 1997 TABLE OF CONTENTS 1 Definitions 1 Contract Term 2 Term 2 3 Survivorship 2 Pricing, Invoice and Payment 4 Pricing 2 5 Advance Payment Prohibited 3 6 Taxes 3 7 Invoice and Payment 3 Contractor's Responsibilities 8 Title 4 9 Equipment Shipping and Delivery 4 10 Risk of Loss and Shipping 4 11 Contractor Installation and Set-up 5 12 Acceptance Testing 5 13 Equipment Compatibility, Specifications and Configuranons 6 14 Training 7 15 Equipment Warranty 16 Maintenance 8 17 Documentation 9 18 Contractor Commitments,Warranties and Representations 9 19 Year 2000 Compliance Warranty 9 Purchaser's Authority and Responsibilities 20 Purchaser Use of Master Contract 9 21 Software License Temas 9 22 Export Restrictions 10 23 Related Agreements 10 Contract Termination 24 Termination for Default 11 25 Termination for Convenience 11 26 Termination for Withdrawal of Authonty 12 27 Terrmnation for Non-Allocation of Funds 12 28 Termination for Conflict of Interest 12 29 Termination Procedure 12 Disputes and Remedies 30 Disputes 13 31 Attomeys'Fees and Costs 13 32 Non-Exclusive Remedies I3 33 Liquidated Damages 13 34 Failure to Perform 14 35 Lumtation of Liability 14 State of Washington Intranet Routers Department of Information Services i Q 1ComracnK97MST012 AGT Contract Administration 36 Notices 15 37 Entire Agreement 15 38 Mandatory Provisions of RFP are Substantive Terms 15 39 Section Headmgs, Incorporated Documents and Order of Precedence 15 40 Additional Services and Equipment 16 41 Authority for Modifications and Amendments 16 42 Independent Status of Contractor 16 43 Governing Law 16 44 Subcontractors 17 45 Assignment 17 46 Publicity 17 47 Review of Contractor's Records 17 General 48 Purchase Use Lumtation 18 49 Patent and Copyright Indemnification 18 50 Save Harmless 19 51 Industrial Insurance Coverage I9 52 Insurance 19 53 Licensing Standards 20 54 OSHA/WISHA 20 55 Compliance with Civil Rights Laws 20 56 Severabdity 20 57 Waiver 20 58 Treatment of Assets 20 59 Contractor s Proprietary Information 21 Activity Reporting and Administration Fee 60 DIS Master Contract Administration Fee and Collection 21 61 Master Contract Activity Reporting 22 62 Failure to Renut Reports/Fees 22 Contract Execution 63 Authority to Bind 23 64 Counterparts 23 State of Washington Intranet Routers Department of Information Services 11 Q \Contract\K97MST012 AGT Exhibits 0 Exhtbit A DIS Intranet Routers Request for Proposal Exhibit B Contractor's Response for Intranet Routers Exhibit C DIS Server Switches Request for Proposal Exhibit D Contractor's Response for Server Switches Note:Exhibits A.B. C and D are not attached but are available upon request from the DIS Contract Administrator 0 0 State of Waslungton Intranet Routers Department of Infortnanon Services ill Q \Contract\K97MST012 AGT State of Washington Department of Information Services P 0 Box 42445 512 - 12th Avenue SE Olympia, Washington 98504-2445 Master Contract Terms and Conditions for Intranet Routers and Server Switches Master Contract Number K97-MST-012 Parties This Master Contract is entered into by and between the state of Washington acting through the Department of Information Services,an agency of Washington State government(hereinafter'DIS"), and Cisco Systems. Inc licensed to conduct business in the state of Washington under UBI Number 601-170-389 (hereinafter'Contractor') for the provisioning of Intranet Routers and Server Switches(hereinafter"Equipment")to the State This Master Contract is the result of an open, competitive acquisition process%thereby a Request for Proposal was issued 0 Recitals {hltereas,the state of Washington, acting through the University of Washington on behalf of DIS issued a Request for Proposal dated November 5, 1996, Exhibit A hereto, for the purpose of obtaining Intranet Routers, Whereas the state of Washington, acting through the University of Washmgton on behalf of DIS issued another Request for Proposal dated December 2, 1996 E-dubit C hereto for the purpose of obtaining Server Switches, and, Whereas Cisco Svstems, Inc submitted timely Proposals, E�dubits B and D hereto, for each acquisition, and was identified as the apparently successful vendor for both acquisitions, and, Whereas,DIS has determined that enterine into a Master Contract with Cisco Systems, Inc will meet the needs of the Purchasers and will be in the State's best interest, Now therefore,DIS hereby awards to Contractor this Master Contract to furnish Intranet Routers and Server Switches and Related Services to Purchasers at the prices set forth on Schedule A in accordance with the terms and conditions of this Master Contract This Master Contract is an Optional Use Contract that neither financially bonds the State nor otherwise obligates the State to purchase any Equipment or services hereunder Nor does thus Master Contract prevent the State from purchasing the same or similar Equipment and services from other sources,provided that all legal acquisition requirements are satisfied This Master Contract is not for personal use State of W ashmgton Intranet Routers Department of Information Services I Q 'Contract\K97%4ST012 AGT 1. Definitions 40 "Acceptance Date"shall mean the date of DIS' written notification to Contractor of acceptance of a Product or written waiver of acceptance testing of a Product Products that have passed acceptance testing, or had acceptance testing waived are deemed accepted by Purchaser upon delivery "Business Days and Hours"shall mean Monday through Friday, 8 00 a m. to 5 00 p m.,Pacific Time, except for holidays observed by the state of Washington "Contractor" shall mean Cisco Systems,Inc , its employees and agents "Contractor"also includes any firm, provider, organization, individual, or other entity performing services under this Master Contract It shall also include any subcontractor retained by Contractor as permitted under the terms of this Master Contract "DIS Contracting Officer"shall mean the person appointed, in wntmg,by DIS to approve this Master Contract as to binding effect and thereby execute it on behalf of the State Except as otherwise provided in this Master Contract, this term includes an authorized representative of the Contracting Officer acting within the linuts of lusher authority "Equipment" shall mean the Intranet Routers and Server Switches, components and features thereof, and any other equipment properly added to this Master Contract, as set forth on Schedule A—Authorized Equipment and Price List "K-20 Purchaser"shall mean DIS and the participating educational organizations listed in Schedule B At the sole discretion of DIS, additional public organizations may be named as authorized K-20 Purchasers and added to the list accordingly by DIS by amendment "Purchaser" shall mean any Washington State agency with properly delegated authority to purchase the Equipment and Related Services which are the subject of this Master Contract, or any political subdivision of the state of Washington or non-profit organization with the authority to purchase such Equipment or Related Services pursuant to a properly executed Interlocal Cooperative Agreement with DIS `Purchaser"also includes K-20 Purchasers who have a properly executed Interlocal Cooperative Agreement with DIS "Product" shall mean in the context of acceptance testing either (i) a router chassis bearnrg a unique manufacturer part number and containing the specified components including,but not hunted to, central processing unit memory,power supplies, the current operating system version of the router operating system and any required additional software, or(it) an interface card or an interface card/port adapter combination installed in a router to facilitate attachment to an external network environment, or(in) a server switch "Related Agreements" shall mean additional agreements between Purchaser and Contractor for software licensing,training,warranty,maintenance, installation, or configuration and engineering support directly related to Equipment acquisitions made pursuant to this Master Contract "Belated Services/Services"shall mean those services provided under this Master Contract and related to the Equipment being acquired that are appropriate to the scope of this Master Contract and includes such things as configuration and engineering support, installation services,maintenance,warranty, training, etc "Software" shall mean the object code version of computer programs and any related documentation, excluding maintenance diagnostics "Specifications"shall mean the mandatory technical and other mandatory specifications set forth in the two RFPs, Exhibits A and C, and any additional specifications set forth in Contractor's Proposals, Exhibits B and D, collectively "State" shall mean DIS, any division, section office unit or other ennty of DIS, or any of the officers or other officials lawfully representing DIS "State" may also mclude Purchaser State of Washington Intranet Routers Department of Information Services 1 Q\Contract\K97MST012 AGT Contract Term 2. Term 21 Initial Term. The initial term of this Master Contract shall be three(3)years, commencing upon the date of its execution by both the pares 22 Subsequent Terms The term of this Master Contract may be extended for an additional three(3) years,provided that, the extensions shall be at the option of DIS and shall be effected by DIS giving written notice to the Contractor of DIS' intent to extend the Master Contract, such nonce to be given not less than thirty(30) calendar days prior to expiration of the then current Contract term,with Contractor accepting the extension prior to expiration of the then current Contract term No change in terms and conditions is permitted during these extensions unless specifically set forth in$us Master Contract 3. Survivorship All purchase transactions executed pursuant to this Master Contract shall be bound by the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Master Contract or any extension thereof All terms conditions and warranties contained in the Master Contract which are intended to survive the completion of the performance, cancellation or termination of the Master Contract, shall so survive In particular, the terms of the sections titled Software License Terms, Export Restrictions, Related Agreements, Disputes, Limitation of Liability, Patent and Copyright Indemnification, shall survive the termination of this Master Contract Pricing, Invoice and Payment 4. Pricing 4 1 The Contractor agrees to provide the Equipment and Related Services at the costs, rates, and fees set forth in the Authorized Equipment and Price List attached as Schedule A to this Master Contract No other costs, rates, or fees shall be pavable to the Contractor except the DIS Master Contract Administration Fee 42 Such costs,rates, and fees may not be increased during the initial term of this Master Contract 43 If the Contractor reduces its list prices for any of the Equipment or Related Services during the term of this Master Contract,Purchaser shall have the immediate benefit of such lower prices and rates for new purchases Contractor shall send nonce to the DIS Contract Administrator with the reduced list prices within fifteen(15) calendar days of the reduction taking effect 44 Contractor agrees all the prices, terms, warranties, and benefits provided in this Master Contract are comparable to or better than the terms presently being offered by Contractor to any other governmental entity purchasing the same quantity under similar terms and conditions If Contractor shall, during the term of this Master Contract, enter into contracts with any other governmental entity providing greater benefits or more favorable terms than those provided by this Master Contract, Contractor shall be obligated to provide the same to Purchaser for subsequent purchases 4 ; It is expected that the Equipment may be upgraded with more powerful or newer components to meet functional or technical requirements State of Washmgton Intranet Routers Department of Information Services 2 ConuactX97MST012 AGT 5. Advance Payment Prohibited No advance payment shall be made for the Equipment and Related Services furnished by Contractor pursuant to this Master Contract 6. Taxes Purchaser will pay sales and use taxes unposed on the Equipment or Related Services Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, taxes based on Contractor's income, and personal property taxes levied or assessed on Contractor's personal property to which Purchaser does not hold title 7. Invoice and Payment 7 1 Contractor will subrmt properly itemized invoices and/or vouchers to Purchaser Invoices shall provide the following a) Contractor s name and address and rem ttance address, if different b) Purchaser's name and address and Purchase Order or Field Order number, c) This Master Contract number,K97-MST-012, d) Description of Equipment, including quantity ordered,model and serial numbers e) Date of delivery and/or date of installation and set up, f) Contractor's list price for each item, g) Applicable discounts, h) Maintenance or other Related Services charges, i) Net invoice price for each item, 3) Total invoice price, excluding sales tax, k) DIS Master Contract Admuustranon Fee, if applicable, 1) Sales or other applicable taxes, m) Shipping costs, n) Other applicable charges, o) Total invoice price, and p) Payment terms including any available prompt payment discounts 72 Payments shall be due within thirty(30)calendar days after the Acceptance Date for such Equipment or Services or thirty(30) calendar days after receipt of properly prepared invoices, whichever is later 7 3 Incorrect or incomplete invoices will be returned by Purchaser to Contractor for correction and reissue 74 This Master Contract number, K97-MST-012 must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract Purchaser shall not honor dratis nor accept goods on a sight draft basis 7 5 I£ Purchaser fails to make timely payment Contractor may invoice Purchaser one percent(1%) per month on the amount overdue, or a nummum of S 100 Payment will not be considered late if a check or warrant is postmarked within thirty(30) calendar days of the Acceptance Date of the Equipment or receipt of Contractor's properly prepared invoice, whichever is later State of Washington Intranet Routers Department of Information Services 3 Q\COntract\K97MST012 AGT Contractor's Responsibilities 8. Title On the Acceptance Date, Contractor shall convey to Purchaser good title to the Equipment, excluding licensed software, free and clear of all liens,pledges,mortgages, encumbrances, or other security interests Transfer of title to the Equipment does not include transfer of title to Contractor's Software 9. Equipment Shipping and Delivery 9 1 Sluppmg dates will be established by Contractor upon receipt of a purchase order from the Purchaser Contractor will use commercially reasonable efforts to notify Purchaser of the actual scheduled shipping date within five(5) Business Days after receipt of the order 92 Purchaser has the right to defer Equipment slupment for no more than thirty(30) days from the scheduled shipping date, provided written notice is received by Contractor at least fifteen(15) days before the originally scheduled shipping date 9 3 Canceled orders rescheduled deliveries or Equipment configuration changes made by Purchaser within ten(10) days of the original snipping date will be subject to (i) acceptance by Contractor, and(it) a charge of fifteen percent(15%) of the total invoice amount Contractor reserves the right to reschedule delivery in cases of configuration changes made within ten(10)days of scheduled shipment 94 Contractor shall deliver the Equipment ordered pursuant to this Master Contract to Purchaser's location anywhere in the state of Washington within sixty 160) calenaar days of a written order For any exception to this delivery date Contractor must notify Purchaser and obtain prior approval in writing Time is of the essence with respect to delivery and Contractor may be subject to liquidated damages or cancellation of the oraer, or termination of the Master Contract, or other damages available under law for failure to deliver on time 9 5 All Equipment deliveries made pursuant to this Master Contract must be complete Unless Contractor has obtained prior written approval from Purchaser, which shall not be unreasonably withheld, incomplete deliveries or backorders will not be accepted All packages must be accompanied by a packing slip which identifies all items included with the shipment and Purchaser's Purchase Order number For all deliveries Contractor must have a delivery receipt signed by an authorized representative of Purchaser 10. Risk of Loss and Shipping Contractor shall ship all Equipment purchased pursuant to this Master Contract, freight prepaid,FOB Purchaser's desunanon The method of shipment shall be consistent with the nature of the Equipment and hazards of transportation Regardless of FOB point, Contractor agrees to bear all risks of loss, damage, or destruction of the Equipment ordered hereunder which occurs prior to the Acceptance Date, except loss or damage attributable to Purchaser's fault or negligence or Purchaser's subcontractor's fault or negligence and such loss, damage, or destruction shall not release Contractor from any obligation hereunder After Acceptance risk of loss or damage shall be bome by Purchaser, except loss or damage attributable to Contractors fault or negligence State of Washington Intranet Routers Department of Information Services 4 Q\Contract\K97MST012 AGT 11. Contractor Installation and Set-up 11 1 When requested by Purchaser, Contractor shall set up and install the Equipment within sixty(60) calendar days of a written order Failure to meet the installation date(s)may subject Contractor to liquidated damages, or cancellation of the order, or termination of the Master Contract, or other damages available under law,unless such failure is caused by acts or omissions of Purchaser 112 Contractor must provide to Purchaser an Installation Support Plan which includes q) Site preparation r) Duration of Contractor setup and Contractor testing s) Number of Purchaser personnel required during installation t) Description of the procedures used to deem the system ready for acceptance testing u) A detailed naming plan involving on-site equipment administration and user training programs v) A detailed resource allocation plan showing the number of Contractor personnel to be involved and the extent of Contractor comrmtment of these personnel to the project 11 3 The Contractor must separately itemize all installation and environmental requirements for the Egmpment as listed below w) Air conditioning x) Electrical requirements y) Special grounding z) Cablmg requirements aa) Weight(floor loading) bb) Space requirements cc) Humidity and temperature lumts dd) Noise level 114 While on Purchaser's premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire, or other security regulations 11 5 Contractor shall be responsible for any loss or damage to Purchaser's property which results from Contractor's willful rmsconduct or negligence or which results from Contractor's failure to maintain and admuuster that property in accordance with sound management practices 12. Acceptance Testing 12 1 Prior to being generally available to Purchasers,Equipment to be sold pursuant to this Master Contract shall pass acceptance testing as set forth below 122 Acceptance testing under thus Master Contract will occur on a per Product basis Such acceptance testing will be conducted on one Product sample for thirty(30) consecutive calendar days and may be conducted by DIS or its designee 123 Acceptance will be based on ninety-time point eight percent(99 8%)successful performance of the Product sample in accordance with its Specifications for the thirty(30) day period During the acceptance testing period if the Product sample fails to perform to its Specifications, the acceptance testing period will restart The Product sample will have up to ninety(90) days to successfully complete the thirty(30)day acceptance test If the Product sample fails to meet the performance requirements, Contractor will remove the sample at no expense to DIS or its designee State of Washington Intranet Routers Department of Informanon Services 5 Q \Contract\K97MST012 AGT 124 The DIS Contracting Officer will give written notice to Contractor within five(5)days after a Product has passed its acceptance testing Upon such written notification,the Product shall be available for general purchase under this Master Contract and shall be deemed accepted by Purchaser upon the delivery of the Product to the Purchaser 125 For purposes of acceptance testing, "Product" is defined as either ee) a router chassis bearing a unique manufacturer part number and containing the specified components including, but not limited to, central processing unit, memory,power supplies, the current operating system version of the router operating system and any required additional software, or ff) an interface card or an interface card/port adapter combination installed in a router to facilitate attachment to an external network environment gg) a server switch hh) A single acceptance test process may validate one chassis sample and one or more interface samples simultaneously 12 6 The DIS Contracting Officer may waive acceptance testing of any Product at any time during the life of the Contract Sucu waiver shall be in writing 127 New Products to be added to this Contract are subject to these acceptance testing requirements 12 8 Since Products may continue to be purchased over a period of three(3) or more years, DIS may determine at some future time during the term of the Contract that it is necessary to confirm a Product's continued compliance with the Specifications by successfully completing the acceptance testing set forth above The DIS Contracting Officer will notify the Contractor in writing of such determination and may require Contractor to discontinue its sales of the identified Product and suspend any orders therefor that have not already been shipped until the Product has passed its acceptance testing 11 Equipment Compatibility, Specifications and Configurations 13 1 Contractor shall notify Purchaser of the existence of any compatibility issues between Contractor's Equipment and Purchaser s already existing or planned-for hardware, software, cabling, codecs, CSU/DSUs, inverse multiplexers, and terminal adapters Purchaser will provide Contractor access in a timely fashion to necessary areas and equipment sites and shall provide Contractor with a list of existing or planned-for hardware, software, cabling, codecs, CSU/DSUs, inverse multiplexers, and terminal adapters, as necessary 132 Each item of Equipment delivered pursuant to the Master Contract(s)will conform to its Specifications in all respects including but not limited to physical characteristics, operating characteristics, space requirements,power requirements,maintenance or warranty characteristics, modularity, compatibility, and the like, as may be modified in writing as agreed to by the parties 13 3 For the purpose of delivery and performance under this Master Contract, the Equipment purchased hereunder shall be grouped together in one or more Equipment, fumware, and/or software configurations as set forth in Contractor's Proposal Any such configuration shall be deemed incomplete and unaelrverable if any item of Equipment within that configuration has not been delivered, or if delivered, not installed or operational in accordance with the Equipment Delivery and Contractor Installation and Set-up sections of this Contract 134 If requested by Purchaser, Contractor agrees to identify on all items of Equipment supplied under this Master Contract, all appropriate test points for connecting commercially available equipment monitors desiened to measure system capacity, performance, or activity State of Washmttton Intranet Routers Department of Information Services 6 Q\COntract1K97MST012 AGT 13 5 Contractor shall not be responsible for equipment failures caused solely by any interconnections, except as provided under Contractor Commitments,Warranties, and Representations 14. Training 14 1 When requested by Purchaser,Contractor shall provide training at its then current prices Such training shall be designed by Purchaser and Contractor in a training plan that includes subject matter,dates, classroom hours,place and number of students 142 Contractor shall provide Purchaser with general equipment service,product information, and response to questions regarding specific Equipment use, including support for special events and international calling 143 Contractor-provided training must satisfy any certification requirements of the Equipment manufacturer in the operation, administration or maintenance of the Equipment,whichever is applicable, so that those trainees are then so certified by the Equipment manufacturer If required for Equipment warranty,instructors provided by Contractor shall be directly employed by the Equipment manufacturer 15. Equipment Warranty Contractor warrants that the Equipment shall be in good operating condition and shall conform to the Specifications and other materials provided to Purchaser as set forth in the section titled Contractor Comttutments,Representations,and Warranties,for a period of one(1)year, commencing upon the Acceptance Date Contractor further warrants that the Equipment conforms to all mandatory requirements as set forth in Exhibit A and Exhibit C and all representations contained in Contractor's Proposals Unless otherwise requested by the Purchaser,the warranty provided by Contractor will be an on-site warranty for both parts and labor on the Equipment 15 1 Contractor's on-site warranty includes Cisco's SMARTnetT services (as described below in the provision titled Maintenance)plus next Business Day on-site coverage Contractor shall adjust, repair or replace all Equipment that is defective or not perforrning in conformance with the Specifications within twenty-four(24)hours after notification from Purchaser Contractor shall provide temporary loan equipment if repair cannot be completed within twenty-four(24)hors, and temporary components must be of the same type and configuration as the broken component Contractor shall assume all costs for replacing parts or units and their installation, including transportation and delivery fees When performing service, Contractor must not modify the hardware or software configuration beyond the failed component without first contacting the appropriate K-20 network operating entity Contractor must repair or replace any defective Equipment so it conforms to the Specifications 15 2 Contractor shall provide its Technical Assistance Center(TAC)as Purchaser's point of contact to report Equipment failures and problems and to receive technical support services twenty-four(24) hours a day, seven(7) days a week,toll free at(800) 553-2447 Purchase can also a-mail to tac@csco corn, 15 3 Contractor agrees that all warranty service provided hereunder shall be performed by manufacturer trained, certified,and authorized technicians 154 Purchaser may choose to buy Contractor's extended warranty coverage at time of purchase at the price set forth in Schedule A Purchaser may choose to forego Contractor's on-site warranty and to purchase only Cisco s SIvIARTnetT services(as descrmoed below in the provision titled Maintenance) at the price set forth in Schedule A State of Washington Intranet Routers Department of Information Services 7 Q \Contract�K97MST012 AGT 15 5 Purchaser agrees that Contractor will not be liable for damages caused by Purchaser's actions or failure of Purchaser to fulfill any of its responsibilities for site installation 15 6 THE WARRANTIES IN THIS MASTER CONTRACT REPLACE ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE 16. Maintenance Contractor shall make available to Purchaser the maintenance plans set forth below at the pries set forth in Schedule A If Purchaser does not purchase a maintenance plan.Contractor will provide maintenance services on a time and materials basis at the pries set forth in Schedule A 161 Option Plan 1 -Low Cost Maintenance-Cisco's SMARTnetr services 161 1 Contractor will provide Purchaser with all new releases of manufacturer software updates for Purchaser's Equipment via Cisco Connection Online(CCO) or media,upon request Contractor shall provide Purchaser with registered access to CCO twenty-four(24)hours a day, seven(7) days a week 16 12 Contractor shall provide Purchaser s trained technicians with unlunited access to its Technical Assistance Center JAC)to obtain support for problem identification and for the resolution of complex problems ana other technical support services twenty-four(24) hours a day, seven(7) days a week, toll free at(800) 553-2447 Purchase can also e-mail to tac@cisco coin. During Business Days and Hours Contractor shall respond by telephone within 2 hours of any service call and shall promptly resolve all reported software problems and promptly provide remedial action, if appropriate Critical problems shall be escalated as provided in Schedule D Problem Escalation Procedures 16 1 3 Contractor shall replace any failed pans or components via next Business Day dehvery of replacement parts,provided the request is received prior to 3 00 p in,Pacific Time, or the following Business Dav delivery if the request is received after 3 00 p in Pacific Tune Purchaser shall return the defective parts or components within ten(10)days If Purchaser fails to return the defective parts or components, Contractor will charge Purchaser the costs therefor Contractor shad pay the costs for delivery and return shipment of the failed Equipment Replacement parts will beat the current manufacturing revision levels Purchaser shall be responsible for any costs associated with reinstallation 162 Option Plan 2-Full Service Maintenance 162 1 Contractor's Full Service Maintenance shall include all the services described above as Cisco's SMARTnetT services and in addition shall provide the following on-site services 1622 For"major"failures(system down), Contractor s factory-certified technical staff shall arrive at Purchaser's site within eight(8)Business Hours of a service call to provide on-site support for Purchaser's Equipment hardware and software problems 1623 Contractor shall provide full restoration of operations within twenty-four(24)hours of Purchaser's report of a problem or failure Critical problems shall be escalated as provided in Schedule D Problem Escalation Procedures Contractor shall provide all parts, labor, and material required for hardware maintenance, labor for field installation of major software upgrades, and installation of all mandatory engineering and factory change notices State of Washington Intranet Routers Department of Information Services 8 Q`Contract\K97MST012 AGT 17. Documentation Contractor shall provide two(2)complete sets of documentation to Purchaser for each Equipment order, at no additional cost to Purchaser Documentation shall be comprehensive,well structured, and indexed for easy reference,shall include technical, electrical, maintenance, and installation information and specifications,and shall come in the form of manuals,guides, driver diskettes and CD ROMs Contractor shall also provide updates to the Equipment documentation as available, at no additional cost to Purchaser, so long as Purchaser is under warranty or a maintenance plan Contractor will maintain a special Web page which will contain updates, technical notes and other information 18. Contractor Commitments, Warranties and Representations Any written cornmrtment by Contractor within the scope of this Master Contract shall be binding upon Contractor Failure of Contractor to fulfill such a comrmtment may constitute breach and shall render the Contractor liable for damages due Purchaser under the terms of dus Master Contract For purposes of this Master Contract, a commitment by Contractor,which must be in writing, includes (1)prices,discounts,and options committed to remain in force over a specified period of time, and(2)any warranty or representation trade by Contractor in its Proposal or contained in any literature, descriptions, drawings or specifications accompanying or referred to in a Proposal, as to Equipment or software performance or any other physical, design or functional characteristics of a machine, software package, system training, services or other products within the scope of this Master Contract 19. Year 2000 Compliance Warranty 19 1 Contractor warrants fault free performance in the processing of date and date-related data including,but not limited to calculating, comparing, and sequencing by all Equipment and software Products individually and in combination from the commencement of this Master Contract Fault free performance shall include the manipulation of this data when dates are in the 20th or 21st centuries and shall be transparent to the user Failure to comply with Year 2000 requirements shall be considered a breach of contract 192 In the event equipment that is not yet Year 2000 compliant is added to thus Contract as provided in the provision titled Additional Services and Equipment, Contractor through its warranty and maintenance programs, will provide the necessary bug fixes, upgrades and software releases in order that such equipment will comply with the date requirements of the year 2000 Purchaser's Authority and Responsibilities 20. Purchaser Use of Master Contract To benefit from use of this Master Contract Purchaser shall comply with Software License Terms and Export Restrictions as set forth immediately below and the notice requirements set forth in the provision titled Contractor's Proprietary Intormahon Reference of this Master Contract Number and/or Purchaser's signature on the order document signifies agreement to comply with Contractor's software license terms,export restrictions and protection of Contractor's confidential or proprietary information 21. Software License Terms 21 1 Contractor grants to Purchaser a nonexclusive and nontransferable license to use the Contractor's software features paid for("Software") in object code form solely on a single central processing unit owned or leased by Purchaser or otherwise embedded in equipment provided by Contractor State of Washington Intranet Routers Department of Information Services 9 Q \COntract\K97MST012 AGT Purchaser may make one(1) archival copy of the Software provided Purchase affixes to such copy all copyright, confidentiality and proprietary notices that appear on the original Contractor retains all title to, and, except as expressly licensed herein all rights to the Software, all copies thereof and all related documentation Any invoices of Contractor that refer to such items do not convey title to, or patent rights, copyrights or any other proprietary interest in, such items to Purchaser 212 LIMITATIONS Except as expressly authorized above, Purchaser shall not 212 1 Copy, in whole or in part, Software or documentation, 212 2 Modify the Software, 2123 Reverse compile or reverse assemble all or any portion of the Software, or 2124 Rent, lease, distribute, sell or create derivative works of the Software 213 Nondisclosure Purchaser agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Contractor Purchaser agrees not to disclose,provide, or otherwise make available such trade secrets or copyrighted material in any form to any thud party without the prior written consent of Contractor, unless there is a public records request pursuant to chapter 42 17 RCW If Purchaser should receive a public records request for such information, Purchaser will follow the procedures set forth under the provision titled Contractor's Proprietary Information Purcnaser agrees to implement reasonable security measures to protect such trade secrets and copyrighted material 214 Restricted Rights In the event title to any Equipment ever passes to an entity of the federal government through direct sale or resale or otherwise, the following restricted rights apply Contractor's Software is provided to non-DOD entities with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph(c) of the Commercial Computer Software -Restricted Rights clause at PAR 52 227-19 In the event the license is to a DOD agency, the government's rights in Software, supporting documentation, and technical data is governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252 227- 7015 and DFARS 227 7202 22. Export Restrictions Purchaser shall not transport or transmit, directly or indirectly, the Equipment or any technical data received from Contractor nor the direct product derived therefrom, outside the United States or Canada without Contractor s prior written consent and without complying with all export laws and regulations of the United States 23. Related Agreements Purchaser and Contractor may enter into additional agreements for software licensing, training, warranty, maintenance, installation, or configuration and engineering support directly related to Equipment acquisitions made under this Master Contract hereinafter referred to as 'Belated Agreements " Related Agreements cannot contain terms and conditions in contradiction with the terms and conditions set forth in this Master Contract, and the terms and conditions of this Master Contract take precedence over any terms and conditions in any Related Agreements Related Agreements may survive the term of tins Master Contract Because Related Agreements have not been approved as to form by the Office of the Attorney General, Purchaser should provide its own legal review and shall hold DIS harmless from any consequences resulting from any inadequacy of the Related Agreements State of Washington Intranet Routers Department of Information Services 10 Q Contract\.K97MST0I2 AGT Contract Termination 24. Termination for Default 241 If Contractor violates any material term or condition of this Master Contract or fails to fulfill in a timely and proper manner its obligations under this Master Contract, the DIS Contract Administrator or the affected Purchaser shall give Contractor written nonce of the failure or violation,and the failure or violation shall be corrected by Contractor within thirty(30)calendar days or as otherwise mutually agreed If Contractor's failure or violation is not so corrected, this Master Contract may be terminated immediately by written notice from the DIS Contracting Officer to Contractor, or Purchaser's order may be terminated by written notice from Purchaser to Contractor The option to terminate this Master Contract shall be at the sole discretion of DIS 242 In the event DIS terminates this Contract or Purchaser ternamates an order, DIS or Purchaser shall have the right to procure the Equipment and Related Services that are the subject of this Master Contract on the open market, and Contractor shall be liable for all damages including, but not lunited to (1)the cost difference between the original Master Contract price for the Equipment and Related Services and the replacement cost of such Equipment and Related Services acquired from another Contractor, (2) if applicable, all administrative costs directly related to the replacement of the Master Contract,such as costs of competitive bidding,marling, advertising, applicable fees, charges or penalties, staff time costs, and, (3) any other costs to Purchaser or DIS resulting from Contractor's breach Purchaser or DIS shall have the right to deduct from any monies due to Contractor or that thereafter become due, an amount for damages that Contractor will owe Purchaser or DIS for Contractor's default 243 If either DIS or Purchaser violates any material term or condition of this Master Contract or fails to fulfill in a timely and proper manner its performance obligations under this Master Contract, Contractor shall give the DIS Contracting Officer or Purchaser, as appropriate, written nonce of such failure,which shall be corrected by DIS or Purchaser within thirty(30)calendar days If DIS' failure to perform is not so corrected, this Master Contract may be terminated immediately by written notice from Contractor to the DIS Contracting Officer If Purchaser s failure to perform is not so corrected, Purchaser s order may be terminated by written notice from Contractor to Purchaser 244 In the event a Purchaser violates any of the provisions set forth in Software License Terms or in Contractor's Proprietary Information, Contractor may immediately terminate that Purchaser's order and right to make further purchases under this Master Contract and shall give written notice of such termination to Purchaser and shall also so inform the DIS Contracting Officer 245 If the Failure to Perform is without the defaulting party's fault or negligence, the termination shall be deemed a Termination for Convenience 246 Tlvs section shall not apply to any failure to perform that results from the willful or negligent acts or orrussions of the aggrieved party 25. Termination for Convenience 25 1 When in the best interest of Purchaser or DIS, the DIS Contracting Officer may terrninate this Master Contract, in whole or in part, by giving fourteen(14) calendar days written notice to Contractor Invocation of the Termination for Withdravial of Authority or Termination for Von-Allocation of Funds sections shall be deemed a Terinmation for Convenience but will not require fourteen(14) calendar days written notice State of Washington Intranet Routers Department of Information Services 11 Q \COntract\K97MST012 AGT 252 If this Master Contract is so terminated, Purchaser is liable only for payments required by the terms of this Contract for Equipment and Related Services received and accepted by Purchaser prior to the effective date of teiminanon 26. Termination for Withdrawal of Authority In the event the authority of Purchaser or DIS to perform any of its duties is withdrawn,reduced, or limited in any way after the commencement of this Master Contract and prior to normal completion, DIS may terminate this Master Contract under the Termination for Convenience section This section shall not be construed to permit DIS to terminate this Master Contract to acquire smular Equipment or Services from a third party 27. Termination for Non-Allocation of Funds If finds are not allocated to continue this Master Contract in any future period,Purchaser or DIS will not be obligated to pay any further charges for Services, including the net remainder of agreed to consecutive periodic payments remaining unpaid beyond the end of the then-current period In such case, Purchaser or DIS agrees to notify Contractor at the earliest opportunity of the non-allocation No penalty shall accrue to Purchaser or DIS for exercising its rights under this section This section snall not be construed to permit Purchaser or DIS to terminate this Master Contract to acquire sundar Equipment or Services from a third party 28. Termination for Conflict of Interest DIS may terminate this Master Contract by written nonce to Contractor if DIS determines, after due nonce and examination, that any party has violated Ethics in Public Service, chapter 42 52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts In the event this Master Contract is terminated for Conflict of Interest,DIS shall be entitled to pursue the same remedies as it could pursue ui the event Contractor breaches this Master Contract 29. Termination Procedure 29 1 Upon termination of all or part of this Master Contract and in addition to any other rights provided in this Contract,DIS may require Contractor to deliver to Purchaser or DIS, as appropriate, any property or Equipment specifically produced or acquired for the performance of such part of tlus Contract as has been terminated 292 Unless otherwise provided herein, Purchaser shall pay to Contractor the agreed-upon price, if separately stated, for Equipment or Services received and accepted by Purchaser,provided that, in no event shall Purchaser pay to Contractor an amount greater than Contractor would have been entitled to if this Master Contract had not been terminated Failure to agree with such determination shall be a dispute within the meaning of the Disputes section of this Contract Purchaser may withhold from any amounts due Contractor for such completed work or Services, such sum as Purchaser determines necessary to protect Purchaser from potential loss or liability 293 Within thirty(30)calendar days after nonce Contractor shall pay any damages due DIS or Purchaser State of Washmmon Intranet Reuters Department of Information Services 12 Q `Contract\1(97MST012 AGT Disputes and Remedies 30. Disputes Disputes ansing between Purchaser and Contractor shall be referred to the DIS Contract Administrator for resolution Disputes not so resolved shall be referred to an alternative dispute resolution procedure, such as mediation,prior to initiating any litigation of any aspect of this Master Contract The disputants shall share equally in the costs associated with the dispute resolution procedure 31. Attorneys' Fees and Costs If any party brings litigation to enforce any terns, condition, or section of this Master Contract, or as a result of this Master Contract in any way,the prevailing party shall be awarded its reasonable attorneys' fees, together with necessary fees, expenses and costs incurred with such litigation rendered at both trial and appellate levels, as well as subsequent to judgment in obtaining execution thereof 32. Non-Exclusive Remedies The remedies provided for in this Master Contract shall not be exclusive but are in addition to all other remedies available under law 33. Liquidated Damages 33 1 Liquidated Damages -General 33 1 1 Any delay by Contractor in meeting the delivery or installation date, as applicable, will interfere with the proper implementation of Purchaser s programs, causing loss or damage to Purchaser 33 1 2 As it would be impracticable to fix the actual damage sustained in the event of such failure to perform,Purchaser and Contractor agree that the amount of damage sustained will be the amount set forth in the following sections The parties agree that the Contractor shall pay such amounts as liquidated damages and not as a penalty 33 1 3 Liquidated damages provided under the terms of the Master Contract are subject to the same limitations as provided in the section entitled Limitation of Liability 332 Liquidated Damages- Specific 332 1 If Contractor fails to deliver or install the Equipment by the agreed upon delivery or installation date, as applicable, Contractor shall provide a revised delivery or installation schedule and pay to Purchaser as fixed and agreed upon liquidated damages, in lieu of all other damages due to such delay, an amount equal to two percent(2%)of the purchase price of the Equipment up to a maximum of one thousand dollars(S 1,000 00)per day for each calendar day between the specified delivery or installation date and the date that Contractor actually delivers or installs the Equipment 3322 If the revised delivery or installation date is more than thirty(30) calendar days from the anginal delivery or installation date Purchaser may immediately termmate,by written notice to Contractor, Contractor s right to deliver or install the Equipment Purchaser may obtain substitute Equipment from another Contractor In this event, Contractor shall State of Washington Intranet Rourers Department of Information Services 13 Q ',ContractaWMST012 AGT be liable for fixed and agreed upon liquidated damages in the amount specified above, in lieu of all other damages due to such delay,until substitute Equipment is delivered or installed, or a maximum of thirty(30) calendar days have elapsed from the original delivery or installation date 34. Failure to Perform If Contractor fails to perform any substantial obligation under this Master Contract,Purchaser shall give Contractor written notice of such failure to perform. If after thirty(30)calendar days from the date of the written notice,Contractor still has not performed, then without penalty to Purchaser,Purchaser may withhold all momes due and payable to Contractor until such failure to perform is cured or otherwise resolved 35. Limitation of Liability 35 1 The parties agree that neither Contractor nor Purchaser snall be liable to each other regardless of the form of action for consequential, incidental, indirect, or special damages except a claim or demand based on patent or copyright infringement in which case liability shall be as set forth elsewhere in this Master Contract The damages specified in the sections titled OSHA/WISHA, Ternunation for Default and Review of Contractor's Records are not consequential, incidental, indirect or special damages as those terms are used in this section 35 2 Neither Contractor nor Purchaser shall be liable for damages ansing from causes beyond the reasonable control and without the fault or negligence of either Contractor or Purchaser Such causes may include,but are not restricted to acts of God or the public enemy, acts of a governmental body other than Purchaser acting in either its sovereign or contractual capacity, war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, shortage of supplies and unusually severe weather but in every case the delays must be beyond the reasonable control and without fault or negligence of Contractor, Purchaser, or their respective subcontractors 35 3 If delays are caused by a subcontractor without its fault or negligence, neither Contractor nor Purcnaser shall be liable for darnages for delays unless the Equipment or Services were obtainable on comparable terms from other sources in sufficient time to permit Contractor or Purchaser to meet its required performance schedule 354 Neither party shall be liable for personal injury or damage to the other partv's property except personal injury or damage to property proxi nately caused by such party's respective fault or negligence 35 5 Notwithstanding anything else herein, all liability of Contractor under this Contract or otherwise shall be lirmted to the greater of one million dollars (S 1 000,000) or the money paid to Contractor under this Contract during the twelve (12) month penod preceding the event or circumstances giving rise to such liability Tlus limitation of liability is per incident and will not apply to costs related to the defense or settlement of intellectual property rights claims, or to claims for personal injury or death proximately caused by Contractor's fault or negligence or to claims made under the Save Harmless provision of the Contract State of Wasmngion Intranet Routers Deparunent of Information Services 14 Q \Contract\K97MST012 AGT Contract Administration 36. Notices Any notice or demand or other communication required or permitted under this Master Contract or applicable law(except notice of malfunctioning Equipment) shall be effective only if it is in writing, properly addressed, and delivered in person, or sent by facsimrle transmission, or by a recognized couner service, or deposited with the United States Postal Service as first-class certified mail,postage prepaid and return receipt requested, to the parties at the following addresses or phone numbers to Contractor at to DIS at Cisco Systems, Inc State of Washington Legal Department Department of Information Services 170 West Tasman Drive Attn: Contract Adtnimstrator San Jose, CA 95134-1706 P O Box 42445 Fax number (408) 526-7019 512 - 12th Avenue SE Olympia,WA 98504-2445 Fax number (360) 664-0711 or to K-20 Purchasers at the address and fax number listed on their purchase order Notwithstanding RCW 1 12 070, such communications shall be effective upon the earlier of receipt or four (4) calendar days after mailing The notice address and fax numbers as provided herein may be changed by written notice as provided above 37. Entire Agreement This Master Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and except as provided in the section tithed Contractor Commitments.Warranties and Representations, understandings, agreements,representations, or warranties not contained in this Contract or a written amendment hereto shall not be binding on either party Except as provided herem,no alteration of any of the terms, conditions, delivery,price, quality, or Specifications of this Contract will be effective without the written consent of both parties 38. Mandatory Provisions of RFP are Substantive Terms The mandatory RFP provisions and the provisions of Contractor's Proposal are incorporated into and are essential substantive terms of this Master Contract Contractor will be bound by all of the mandatory provisions of the two DIS RFPs, Exhibit A and Exhibit C, and Equipment provided under this Master Contract shall meet or exceed all of the mandatory technical requirements therein, as applicable 39. Section Headings, Incorporated Documents and Order of Precedence 39 1 The headings used herein are inserted for convenience only and shall not control or affect the meanure or construction of any of the sections State of Washington Intranet Routers Department of Information Services 15 Q 1,ConttacdK97MST012 AGT 392 Each of the documents listed below is,by this reference, incorporated into this Master Contract as though fully set forth herein In the event of any inconsistency in this Master Contract, the inconsistency shall be resolved in the following order of precedence a) Applicable federal and state statutes, laws,and regulations, b) Sections of this Master Contract K97-MST-012, c) Schedule A-Authorized Equipment and Price List, d) Exhibit A-State of Washington,DIS Request for Proposal for Intranet Routers dated November 5, 1996, or Exhibit C-State of Washington, DIS Request for Proposal for Server Switches dated December 2, 1996, as applicable, e) Exhibit B -Contractors Proposal for Intranet Routers dated November 25,1996, or Exhibit D, Contractor's Proposal for Server Switches dated December 19, 1996, as applicable, including all written information provided with Contractor's Proposals, f) The terms and conditions of Related Agreements, if any, g) The tetras and conditions contained on Purchaser's purchase documents * if used, and, h) All Contractor or manufacturer publications, written materials and schedules, charts, diagrams, tables, descriptions, and other written representations Contractor made available to Purchaser and used to effect the sale of Equipment to Purchaser, or purports the Equipment is fit for a particular purpose or attests to the Equipment's engineering level, operating condition, functions capabilities, or merchantability *Contractor will not be bound by additional terms and conditions on Purchaser's order forms unless Contractor agrees to them in writing. 40. Additional Services and Equipment DIS and Contractor agree that additional Services and/or Equipment, which are appropriate to the scope of this Master Contract may be added to this Master Contract(Schedule A hereto)by an instrument in writing, with the mutual consent of both parties Such wrtmg shall include a specific description of the additional Services and/or Equipment, pricing and additional terms and conditions as relevant The additional Services and/or Equipment shall be available under the same terms and conditions established herein, unless otherwise agreed to in a signed writing 41. Authority for Modifications and Amendments No modification, amendment, alteration, addition or waiver of anv section or condition of this Master Contract shall be effective or binding unless in writing and signed by authorized representatives of Contractor and DIS 42. Independent Status of Contractor In the performance of this Contract, the parties will be acting in their individual, corporate or governmental capacities and not as agents, employees, partners,joint venturers, or associates of one another The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever, nor will Contractor make any claim of right,privilege or benefit which would accrue to an employee under chapter 41 06 RCW, chapter 23B 16 RCW, or Title 51 RCW 43. Governing Law This Master Contract shall be govertied m all respects by the law and statutes of the state of Washington Jurisdiction for any action hereunder shall be the Superior Court for the state of Washington Venue of any action hereunaer shall be m the Supenor Court for Thurston County, Washington State of Washington Intranet Routers Department of Information Services 16 Q\Contract\K97MST012 AGT 44. Subcontractors Contractor may, with prior written permission from the DIS Contract Administrator,which consent shall not be unreasonably withheld,enter into subcontracts with third parties for performance of any part of Contractor's duties and obligations In no event shall the existence of a subcontract operate to release or reduce Contractor's liability to Purchaser or DIS for any breach in the performance of Contractor's duties For purposes of this Master Contract,Contractor agrees that all subcontractors shall be deemed to be agents of Contractor Contractor further agrees to hold Purchaser or DIS harmless from acts or omissions of Contractor's subcontractors,their agents, or employees, subject to the limitations set forth in the Limitation of Liability section of this Contract Purchaser or DIS shall not be liable for any loss or damage resulting from personal injury,physical loss,harassment of employees, or violations of the Patent and Copyright Indemnification section of this Contract occasioned by the acts or ormssions of Contractor's subcontractors,their agents or employees The Patent And Copyright Indemnification section of this Contract shall apply to all subcontractors 45. Assignment 45 1 With the prior written consent of DIS,which consent shall not be unreasonably withheld,Contractor may assign this Master Contract, including the proceeds hereof,provided that, such assignment shall not operate to relieve Contractor of any of its duties and obligations hereunder nor shall such assignment affect any remedies available to Purchaser or DIS that may anse from any breach of this Contract, its supplements, or warranties trade herein, including but not limed to rights of setoff 452 With the prior written consent of Contractor, which consent shall not be unreasonably withheld, DIS may assign this Master Contract to any public agency, comrmssion, board, or the like,within the political boundaries of the state of Washington,provided that, such assignment shall not operate to relieve DIS of any of its duties and obligations hereunder 46. Publicity Contractor agrees to submit to DIS all advertising,sales promotion, and other publicity matters relating to this agreement or any Equipment furnished by Contractor wherein Purchaser's or DIS' name is mentioned, or language is used which infers or implies a connection with Purchaser or DIS Contractor further agrees not to publish or use such advertising,sales promotion, or publicity matter without the prior written consent of DIS 47. Review of Contractor's Records 47 1 Contractor and its subcontractors shall maintain books,records,documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature invoiced in the performance of this Master Contract Such records shall be retained for six(6)years after the expiration or termination of this Master Contract Records involvmg matters in litigation related to this Master Contract shall be kept for one(1)year following the termination of litigation, including all appeals, if the litigation has not terminated within five(5)years from the date of expiranon or termination of the Contract 472 All such records shall be subject at reasonable tunes and upon prior notice, to examination, inspection,copying, or audit by personnel authorized by the DIS Contract Admuustrator or the Office of the State Auditor, and federal officials authorized by law, rule,regulation, or contract, when applicable During the term of this Master Contract, access to these items will be provided withan Thurston County During the six(6)year period after the Contract term or five(5)year term following litigation, delivery of and access to these items will be at no cost to the State Contractor shall be responsible for any audit exceptions or disallowed costs incurred by Contractor or any of its subcontractors State of Washngton Intranet Routers Department of Information Services 17 Q \Contract\K97MST012 AGT 473 The records retention and review requirements of this section shall be incorporated by Contractor in its subcontracts 474 It is agreed that books,records, documents and other evidence of accounting procedures and practices related to Contractor s cost structure, including overhead, general and administrative expenses, and profit factors, shall be excluded from review unless the cost or any other material issue under this Contract is calculated or derived from these factors General 48. Purchase Use Limitation This Contract is only for the purchase of Equipment in the United States or Canada For purchase of Equipment to be used outside of the United States or Canada, a different purchasing vehicle with different terms and conditions will apply Furthermore,Purchaser shall comply with the provisions set forth in the section above titled Export Restrictions 49. Patent and Copyright Indemnification 49 1 Contractor will at its expense, defend or settle any claim against Purchaser that the Equipment, Software, or work products supplied hereunder infringe(s) on any patent, copyright, or trademark in the United States or Canada Contractor will pay resulting costs, damages and attorneys' fees finally awarded,provided that, Purchaser a) Promptly notifies Contractor in writing of the claim, and b) Cooperates with and agrees to use its best efforts to encourage the Washington State Office of the Attorney General to grant Contractor sole control of the defense and all related settlement negotiations 492 Contractor will pay all costs of such defense and settlement and any costs and damages awarded by a court or incurred by Purchaser, except costs paid to the Office of the Attorney General as legal fees If such claim has occurred, or in Contractor's opur on is likely to occur, Purchaser agrees to permit Contractor at its option and expense, either to procure for Purchaser the tight to continue using the Equipment or to replace or modify the Equipment to make it noninfringmg and functionally equivalent If use of the Equipment is enjoined by a court and Contractor determmes that none of these alternatives is reasonably available, Contractor, at its risk and expense, will take back the Equipment and refund its depreciated value No termination charges will be payable on the returned Equipment and Purchaser will pay only those charges which were payable prior to the return date Depreciated value shall be calculated on the basis of a useful life of five(5)years commencing on the date of purchase, and shall be an equal amount per year over the useful life The depreciation for fractional parts of a year shall be prorated on the basis of 365 days per year In the event the Equipment has been installed less than one year,Contractor shall refund to Purchaser transportation costs to the initial installation site 493 Contractor has no liability for any clam of uiftmgement arising from c) Contractor's compliance with any designs, specifications or instructions of Purchaser, d) Modification of the Equipment by Purchaser or a thud party,unless such modification has been required by Contractor, e) Use of the Equipment in a way not specified by Contractor or f) Use of the Equipment with equipment not supplied by Contractor, unless the claim arose against Contractor's Equipment, Sotware or Services independently of any of these specified actions State of Washington Intranet Routers Department of Information Services 15 Q \COntracfX97MST012 AGT 494 The foregoing states the entire obligation of Contractor with respect to the infringement of patents, copyrights and trademarks 50. Save Harmless Contractor shall protect.indemnify and save Purchaser harmless from and against any damage, cost, or liability, including reasonable attorneys' fees resulting from such claim, for any or all injuries to persons or damage to tangible property ansing from intentional, wilful or negligent acts or omissions of Contractor, its officers, employees, agents,or subcontractors 51. Industrial Insurance Coverage Prior to performing work under this Contract, Contractor shall provide or purchase industrial insurance coverage for its employees,as may be required of an"employer"as defined in Title 51 RCW,and shall maintain full compliance with Title 51 RCW during the course of this Contract Purchaser will not be responsible for payment of industrial insurance prenuums or for any other claim or benefit for Contractor, or anv subcontractor or employee of Contractor,which tight arise under the industrial insurance laws during the performance of dunes and services under this Contract 52. Insurance 52 1 Liability and Auto Insurance Contractor shall,during the tern of this Contract, maintain in full force and effect, the insurance described in this section with an insurance carver or carvers licensed to conduct business in the state of Washington and approved by the DIS Contract Admunstrator, which approval shall not be unreasonably withheld The n u imum acceptable limits and types of coverage shall not be less than$1 million commingled single limit per occurrence for each of the following categories 52 1 1 Public liability covering the risks of bodily injury,property damage and personal injury (including death), 52 1 2 General Business Liability, and 52.1.3 Automobile liability(owned or nonowned) covering the risks of public liability and property damage 522 Premrtmis on all insurance policies shall be paid by Contractor or its Subcontractors Such insurance policies provided for the Purchaser pursuant to this section shall name DIS as an additional insured and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have first been given to DIS by such insurer State of Washington Intranet Routers Department of Information Services 19 Q\Conrract�K97MST012 AGT 523 Contractor shall furnish to DIS copies of certificates of all required insurance within thirty(30) calendar days of the execution date of this Contract 53. Licensing Standards Contractor shall comply with all applicable local,state, and federal licensing requirements and standards necessary in the performance of this Contract (See for example,chapter 19 02 RCW for state licensing requirements and definitions ) 54. OSHA/WISHA Contractor represents and warrants that its products, when shipped, are designed and manufactured to meet then current federal and state safety and health regulations Contractor further agrees to indemnify and hold Purchaser harmless from all damages assessed against Purchaser as a result of the failure of the items furnished under this Contract to so comply 55. Compliance with Civil Rights Laws During the performance of this Contract, Contractor shall comply with all federal and applicable state nondiscrimination laws, including but not limited to Title VII of the Civil Rights Act, 42 USC 12101 et seq , the Americans with Disabilities Act(ADA), and Title 49 60 RCW, Washington Law Against Discrimination In the event of Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded or terminated in whole or in part under the Terra nation for Default section, and the Contractor may be declared ineligible for further Contracts with Purchaser In addition to the cancellation of this Contract, Contractor may be subject to penalties under federal and state law 56 Severability The terms and conditions of this Contract are declared severable If any term or condition of this Contract or the application thereof to any personls) or circumstances is held invalid,such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application 57. Waiver Waiver of any breach of a term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach No term or condition of this Contract shall be waived, modified, or deleted except by a written instrument signed by the parties hereto 58. Treatment of Assets 58 1 Title to all property furnished by Purchaser shall remain with Purchaser Tide to ail property furnished by Contractor, for which Contractor is entitled to reimbursement under this Contract, other than rental payments, shall pass to and vest in Purchaser pursuant to the Title provisions above As used in this section Treatment of Assets, if the "property"is Contractor s proprietary, copynghted works, only the anplicabie license not title, passes to Purchaser 58 2 Any property of Purchaser furnished to Contractor unless otherwise provided herein or approved by Purcnaser, shall be used only for the performance of this Master Contract State of Washington Intranet Routers Department of Information Services 20 Q \Contract\K97MST012 AGT 583 Contractor shall be responsible for any loss or damage to the property of Purchaser which results from Contractor's negligence or which results from Contractor's failure to maintain and administer that property in accordance with sound management practices 584 Upon loss, destruction, or damage to any Purchaser property, Contractor shall notify Purchaser thereof and shall take all reasonable steps to protect the property from further damage 58 5 Contractor shall surrender to Purchaser all Purchaser's property prior to settlement upon completion,termination, or cancellation of this Contract 58 6 All references to Contractor under this section shall also include Contractor's employees, agents, or subcontractors 59. Contractor's Proprietary Information Contractor acknowledges that DIS and Purchaser are subject to chapter 42 17 RCW the Public Disclosure Act, and that this Master Contract shall be a public record as defined in RCW 42 17 250 through 42 17 340 Any specific information which Contractor clams to be confidential or proprietary,must be clearly identified as such by Contractor To the extent consistent with chapter 42 17 RCW, DIS and Purchaser snail maintain the confidentiality of all information marked confidential or proprietary If a request is made to view Contractor's proprietary information, DIS or Purchaser, as appropriate, will immediately notify Contractor of the request and of the date that the records will be released to the requester unless Contractor obtains a court order enjoining disclosure If Contractor fails to obtain the court order enlouting that disclosure,DIS or Purchaser will release the requested information on the date specified Activity Reporting and Administration Fee 60. DIS Master Contract Administration Fee and Collection 60 1 K-20 Purchasers are exempt from and shall not pay the DIS Master Contract Admnnstration Fee for purchases made under this Contract All purchases made by other Purchasers under this Master Contract are subject to a DIS Master Contract Administration Fee, collected by Contractor and rermtted to DIS 602 The Master Contract Administration Fee is three tenths of one percent( 3%or 003) of the purchase price The purchase price is defined as total invoice price less sales tax 603 The Master Contract Admuustration Fee shall be mvoiced by Contractor to all Purchasers as a separate detailed line item on Purchaser's invoice K-20 Purchasers are exempt from the Fee and their line item shall be zero dollars(SO) 604 Contractor shall rermt the Master Contract Administration Fee directly to the DIS Contract Administrator along with the Master Contract Activity Report State of Washington Intranet Routers Department of Information Services 21 Q \Contract\K97MST012 AGT 61. Master Contract Activity Reporting 61 I Contractor shall subirut to the DIS Contract Administrator a monthly Activity Report of all Equipment and Related Services purchases made pursuant to this Master Contract The report must identify g) This Master Contract number,K97-MST-012, h) Each Purchaser makmg purchases during that month, separated into K-20 Purchasers and all other Purchasers, r) The total invoice price, excluding sales tax for each Purchaser, J) The sum of all invoice prices, excluding sales tax, for all K-20 Purchasers, k) The sum of ail invoice prices, excluding sales tax, for all other Purchasers, and 1) The DIS Master Contract Administration Fee 612 This report and the DIS Master Contract Administration Fee must be submitted by the 1 Sth calendar day of the second month following the month in which Contractor invoiced Purchaser Contractor shall submit this report accordmg to the layout specified by the DIS Contract Administrator 61 3 This report may be corrected or modified by the DIS Contract Administrator with subsequent written notice to Contractor 61 4 Monthly reports are required even if no activity occurred 62. Failure to Remit Reports/Fees 62 1 Failure of Contractor to rem t the Master Contract Activity Report together with the Master Contract Administration Fee may be considered a Failure to Perform on the part of Contractor, which may result in DIS termunatmg this Master Contract with Contractor 622 Failure of any Purchaser to pay the Master Contract Admrustratmon Fee may result in that Purchaser forfeiting its right to purchase under tins Master Contract Contractor shall notify the DIS Contract Administrator when any Purchaser fails to pay the Master Contract Admmistration Fee 623 The DIS Contract Adnuinstrator will notify Contractor of any Purchaser who has forfeited its tight to purchase under this Master Contract After such notification,any sale by Contractor to a forfeiting Purchaser may be considered Failure to Perform by Contractor 624 If the performance issues are resolved, DIS at its option, may reinstate a Contractor's participation or a Purchaser's right to purchase State of Washington Intranet Routers Department of Information Services 22 Q \Contract\K97MST012 AGT Contract Execution 63. Authority to Bind The signatories to this Master Contract represent that they have the authonty to bind their respective organizations to this Contract, 64. Counterparts This Master Contract may be executed in counterparts or in duplicate ongmals Each counterpart or each duplicate shall be deemed an original copy of the Master Contract signed by each party, for all purposes In Witness Whereof,, the parties hereto,having read this Master Contract in its entirety, including all attachments do agree in each and every particular and have thus set their hands hereunto Approved Approved State of Washington, Cisco Systems, Inc Department of Information Services Signature Signature Print or type Name Prim or type Name title Date Dale Date Approved as to Form State of Washington, Office of the Attorney General Signature Print or Type Name Assistant Attorney General Title Dace State of Washington Intranet Routers Department of Information Services 23 Q\COntracf K97MST012 ACT Schedule A Authorized Equipment and Price List State of W asmnnton Intranet Routers Department of Informanon Services Schedule A Q \Contract\K97MST012 AGT Schedule B ' Authorized K-20 Purchasers Department of Information Services University of Washington Washington State University Community and Technical Colleges Central Washington University Eastern Washington University The Evergreen State College Western Washington University Educational Service Districts Public School Districts State of Washington Intranet Routers Department of Information Services Schedule B Q'Contract1K97MST012 AGT Schedule C MWBE Certification Not Applicable State of Washington Intranet Routers Department of Information Services Schedule C Q\Contract\K97MST012 AGT Schedule D " Problem Escalation Procedures State of Washington Intranet Routers Department of Information Services Schedule D Q 1,Contract\K97MST012 AGT • Kent City Council Meeting Date Julv 2, 2002 Category Consent Calendar 1 SUBJECT: S 196TH STREET CORRIDOR MIDDLE LEG — ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the South 196th Street Corridor—Middle Leg project as complete and release the retainage to Scarsella Brothers upon standard releases from the state and release of any liens. The original contract amount was $3,732,572 74. The final contract amount was $4,677,969.96 Adequate funds exist within the project budget to cover this overage 3 EXHIBITS: Public Works Director memorandum • 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION- Council Agenda Item No 6H PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director KEN T Phone Fax 253-856-6500 Address 220 Fourth Avenue S Kent, WA 98032-5895 Date June 17 , 2002 To Public Works Committee From- Don Wickstrom," Public Works Director Subject : South 196th Street Corridor - Middle Leg Accept as Complete The South 196th Street Corridor Middle Leg contract was awarded to Scarsella Brothers in the amount of $3 , 732 , 572 , 74 The final construction cost was $4 , 677 , 969 96 or approximately 25% overrun. The bulk of the overage (18% or $680 , 055) occurred in the contract quantities of the project with the balance (7% or $265, 342 22) attributed to chance order conditions encountered during construction Per the contract quantity overrun, 85% or $579, 566 occurred in two bid items (Gravel Borrow $538 , 817 and Crushed Surfacing Top Course $40 , 749) and the quantity difference (bid estimate versus actual) is attributed to an engineering error. The engineer made an error in calculating the fill (gravel borrow) and the base course (crushed rock) amounts required for the project Had these calculation errors not occurred, the original bid price would have been closer to the actual price for the project with the change orders under the 10% allotment that is normally included in the budget when we recommend project award to Council To assure these types of errors are minimized in the future, we have taken several steps They are, 1) the Project Engineer ' s bid quantities are checked by a second in-house Project Engineer, specifically one that is not immersed in that particular project ; 2) there is now an agreement in place between our Design Engineers and our Construction Engineers on what elements need to be considered and included in finalizing the estimates of individual quantities , 3 ) on significant projects we hire an outside engineer to review the plans for completeness and constructability along with spot checking the calculations of significant bid quantity items and; 4) the Engineeirng Supervisor signs off on the estimates including the bid quantities . While errors do occur, keep in mind that this project was bid during a year when the City awarded $22 , 000 , 000 worth of construction work and to do that meant it was a hectic time and a stressful work environment for our engineers With respect to the funding, that ' s not an issue, mainly because this project (196th Street Corridor Middle Section) got a significant grant increase from the Transportation Improvement Board in the amount of $4 , 000, 000 which more than covered this overrun MOTION- Recommend acceptance of this contract as complete and release the retainage upon receipt of the necessary releases from the respective State agencies 196thMiddle Kent City Council Meeting Date Julv 2, 2002 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT, SR 99 — ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Washington State D.O.T. grant agreement in the amount of$86,000 for participation in the preliminary engineering for the North Phase of the Pacific Highway South HOV Lanes Project (S. 252nd Street to SR 516), subject to the Public Works Director's concurrence of the language therein, and to establish a budget for same. 3 EXHIBITS: Public Works Director memorandum and grant agreement • 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No 6I PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date June 17, 2002 To Public Works Committee From Donkickstrom, Public Works Director Regarding Washington State D O T Grant—GCA 3087 SR 99 (S 252nd St to SR 516) We are in receipt of a WSDOT Grant Agreement in the amount of S86,000 for participation in the preliminary engineering for the North Phase of the Pacific Highway South HOV Lanes Project (S 252nd Street to SR 516) At this time we are requesting authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget to be spent within said road improvement project MOTION Recommend authorization for the Mayor to sign the grant agreement in the amount of $86,000, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project Vac Hwy HOV Lanes .dMk. Washington State Department of Transportation Organization and Address City of Kent State Participating Public Works Department Agreement 229-4th Ave So Kent, WA 98032 Work by Local Agency Section/Location Actual Cost SR 99, S 252nd St to SR 516 Agreement Number Description of Work GCA 3087 Preliminary Engineering Phase for ACP overlay and required State Route Number Control Section Number safety work on existing portion of SR 99 The STATE's portion of 99 1729 the CITY's project will rehabilitate the existing pa,.ement Region Northwest Region THIS AGREEMENT, made and entered into this day of ,between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE")and the above named organization, (hereinafter the"LOCAL AGENCY") WHEREAS, the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described,and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project,and WHEREAS, the STATE is obligated for the cost of work described herein NOW THEREFORE, by virtue of RCW 47 28 140 and in consideration of the terms,conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS The STATE agrees, upon satisfactory completion of the GENERAL work involved, to deliver a letter of acceptance which shall The LOCAL AGENCY,as agent acting for and on behalf of include a release and waiver of all future claims or demands of the STATE, agrees to perform the above"Description of any nature resulting from the performance of the work under this AGREEMENT Work" Plans, specifications and cost estimates shall be prepared by the 11 LOCAL AGENCY in accordance with the current State of PAYMENT Washington Standard Specifications for Road, Bridge,and The STATE, in consideration of the faithful performance of the Municipal Construction, and amendments thereto,and adopted work to be done by the LOCAL AGENCY, agrees to reimburse design standards, unless otherwise noted The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect will incorporate the plans and specifications into the LOCAL cost of the work AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the awarded,administer the contract LOCAL AGENCY at the STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT The LOCAL AGENCY agrees to submit plans and specifications partial payments shall be made by the STATE, upon request of for the described work as shown on Exhibit"B",attached hereto the LOCAL AGENCY,to cover costs incurred These payments and by this reference made a part of this AGREEMENT,to the are not to be more frequent than one (1) per month It is agreed STATE for approval prior to advertising the project that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a The STATE may,if it desires,furnish an inspector on the final payment o)ect Any costs for such inspection will be borne solely by e STATE All contact between said inspector and the LOCAL "r GENCY's contractor shall be through the LOCAL AGENCY's representative DOT F.m 224-067 EF Reused IM7 The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description within forty-five (45) days after the LOCAL AGENCY has of work contained in this AGREEMENT is required, approval must completed the work be secured from the STATE prior to the beginning of such work Where the change is substantial, written approval must be III secured 0 DELETION OF WORK In the event the estimate of cost, Exhibit"A",is in excess of Reimbursement for increased work and/or a substantial chance in $10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification, change order or extra work order approved percent,the STATE shall have the option of directing the LOCAL by the STATE AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract Except, that V this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY work exceeds 20 percent of the actual total contract bid price The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway, for the The STATE shall have five(5) working days from the date of purpose of constructing said improvements written notification to inform the LOCAL AGENCY to delete the Upon completion of the work outlined herein, all future operation work Should the STATE exercise its option to delete work, the and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs STATE agrees, upon billing the LOCAL AGENCY,to of the STATE anc without expense to the LOCAL AGENCY incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract VI LEGAL RELATIONS IV No liability shall attach to the LOCAL AGENCY or the STATE by reason of entering into this agreement except as expressly EXTRA WORK provided herein In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Title Date 0 DOT Fain 224-0 7 EF ReviS 15] EXHIBIT "A" SCOPE OF WORK & ESTIMATE OF COST SR 99 S. 252nd Street to SR 516 PRELIMINARY ENGINEERING PHASE CITY Project: This agreement provides for STATE participation in the preliminary engineering for the "North Phase" of the City of Kent's Pacific Highway South HOV Lanes Project to widen Pacific Highway South (SR 99) between the Kent/Des Moines Road (SR 516) and South 252nd Street, a length of approximately 1 .25 miles. The CITY's estimated cost for preliminary engineering is $900,000. STATE Participation: The STATE will participate in this phase of work by providing funding for the preliminary engineering of the ACP overlay and required safety work for the existing pavement of SR 99 Proiect ITEM Total Preliminary Engineering - ACP overlay et al ._.. $86,000 i 3087 01 ExhbtA doc GCA 3087 EXHIBIT "B" 41 DESCRIPTION OF WORK SR 99 S. 252"d Street to SR 516 PROJECT DESCRIPTION: The "North Phase" of the City of Kent's Pacific Highway South HOV Lanes Project will widen Pacific Highway South (SR 99) between the Kent/Des Moines Road (SR 516) and South 252nd Street. The proposed project will reconstruct and widen the roadway to a curb-to-curb width of 86 feet providing northbound and southbound high occupancy vehicle lanes adjacent to the street curb. Improvements also include the construction of concrete curb, gutters, and a seven-foot-wide sidewalk. Ancillary improvements include upgrading and interconnecting the existing traffic signals, control of driveway access points and drainage and illumination system improvements. CURRENT CITY BUDGET: F�r-eliminary Engineering $ 900,000 Ri ht of Wa $1 ,400,000 Construction $6,200,000 Total $8,500,000 308701 ExhbtBdoc ] OF3 GC " 3087 u ` r�s 2ooTH ST zoom si I -A - - - S 272TH ST -1 -- -H s 21sT �7_ _I .• r a Ll CITY OF K; E N:,VJ 7 ii NOR�H PHAS Ir •i;y�%�,At� �;��� �� r � ^�,y� s 234TH ST PROJECT LIMITS ( I E- r �RDRD F KENT—DES MOINES ROAD WSOUTH 252nd ST rl r I Pam. -,-- --i s z40m ST r---- - ? T- GREEN - -L- - - Q 1 J Z shin -o r r - _ CD_ MEEKER -� 252N0 STIR — L y� �i T SOUTH PHASE --- PRP0ECT LIMITS �I SOGTH252nd ST'�'� .• 1 li ,�-�-L'i ' ����I� � s TO S72-72+id I I r >_ /I� f I ' �y• ---I I�r�� wl j��l iN`FENIN CK I 'I I • W i-- I _ _ IIrrI, a / y.5 269LS7'1. �• ?; — _ ' I — IIII III e iv 1 I L •5 272i0'Si ram-• -'�KENT CITY LIMITS I i 0 1 I Ln �� I I STAR - � �� • / r- '- - - - - - L--- a GCA 3087 Exhibit "B" Sheet 2 of 3 il \;� CITY OF KENT w' ENGINEERING DEPARTUENT PACIFIC HIGHWAY SOUTH HOV LANES PROJECT771 FIGURE I�NT "°�TM ^� I2 VICINITY MAP 7 �> OW a W w Cl) W3 M w I z O 00 Mw C9 Nti Ww «. �CI -4 a' w u~i coo d :2 Frn- O L \1 U m 6 N Z o L W O — X ZF W gU W 1 N 20 Y 0a 00 N� CL LLJ � J S W a U m4 � > Z ~ 2 � U w S Z Lo � U N mJ Z= d z O � W ( ) O p CDw < J+ �Z a O N NN�L}I_ (, N m L QOcr W a � JZ z 7 r Q 7i J V Y W d O o W = > y o .G ; .^ N ~< � J D Gr � Ye mJ U i E`s N ¢ of W „ u 7 s u irw y z Z W mJ N F : z: W� a > Q O S i J Q / n 1 W O �} j y V7} T a x3 w I wW 00 N r2 �O J ir Kent City Council Meeting Date July 2, 2002 Category Consent Calendar 1. SUBJECT: MERIDIAN RIDGE DIVISION I FINAL PLAT —APPROVE (FSU-98-8/KIVA #2020753) 2 SUMMARY STATEMENT: Approve the Hearing Examiner's conditional approval of the Meridian Ridge Final Subdivision and to authorize the Mayor to sign the final plat mylar This agenda item is to consider the final plat application submitted by Schneider Homes for Mendian Ridge Division I The Hearing Examiner issued his Findings, Conclusions, and Decision of the preliminary subdivision on January 20, 1999, and for a plat alteration December 7, 2001 3. EXHIBITS: Memo with conditions and map • 4 RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7, CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION Council Agenda Item No 6J COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Community Development Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone 253-856-5454 KENT Fax 253-856-6454 WAsHINGroX Address 220 Fourth Avenue Kent, WA 98032-5895 June 25. 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK, AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER MEETING DATE JULY 2, 2002 SUBJECT MERIDIAN RIDGE FINAL FINAL PLAT(#FSU-98-KKiva#2020753) On January 20, 1999, the Hearing Examiner issued Findings, Conclusions and Decision with conditions for the Meridian Ridge Subdivision #SU-98-8 The has also received approval by the Hearing Examiner for a major plat alternation (#PTA-2001-2) The alteration amended the previously approved preliminary plat to include phasing of the plat, minor reconfiguration of Lots 18-36, and the addition of a new access and utilities tract With the alteration, the applicant, Schneider Homes, is subdividing 19 33 acres into 44 single-family residential lots as Phase I, The property is located west of 152"° Avenue SE at approximately 280"' Street The applicant has complied with the conditions required prior to recording Staff recommends the City Council approve the Meridian Ridge Final Plat (4FSU-98-8/Kiva 92020753) with the attached conditions and authorize the Mayor to sign the mylar CA/mjp/S \Permit\Plan\longplats\2002\2020753FSU988CC doe Enclosure MERI IAN RIDGE FINAL PLAT#FSU-984IO2 MERIDIAN RIDGE DIVISIC FINAL PLAT gF5U888HYN20753 SU-98-8 KIVA # A Portion of S.E. 1/4, S.W 1/4, Sec 35, Twp. City of Kent, King County, Wash 78p33R 1_K C S p 6Ot2 0 ijj60 LOT °- REC No L-O� Z N W5550'220'E N I� 5 330 SW 1/4 NW 1/4, N83V8'12'W 48000' SEC 35-T22N-R5E WM N8 ;;26'W 30 2 W LN E 660 SW 1/4 NW 1/4 SEC 35-T22N-R5E, WM 72 n m 13 T 10 9 8 7 6 5 300 wm l ') 4 O 1 N 8 ,o I� cTc� 14 _ SE 279TH PL _ 3 g w R wwl_ > n (0 3$3 >s I � 2 R�I= z 2 g 0 30 3f 32 33 'Rd= Z> 16 1 3 K CSC PT NO 5918 a NAIL IN 2" I P IN CONO VISITED JULY 00 '12*W 17 w 1 35 3+5. N� agoa j2'w 54 W�11 Y8 36 SE 280TM ST _ 602 62 (q 1 3954 34 I() 44 Ni2'OS'E N899812 W v 3473 27 37 O I ' O Qn O I 1-O ry 43 20 � 26 38 �1- zoo YW C) Q7 ; o g 42 IL_j o O R'' I 24 25 O� ry 40 41 N8908'12"W F}- 0 0 N24'43'20'W 22 23 N891014"W 312 50 152 94' - I; �ZZ 964T Nooso'za E N005020"E e910'14"W ✓a 9 DD�w ,D394 4900 i U N0049'34'E 134 80 t,49 GD NCO 50 50 20 E i0p�7959,26 W W 14OZ rv%//j N005020 E 2640 �yV�/./� o R. 500 h (p It �- 10 0 0� 500 9`r��r O htl]80 �In 5 LN N 1/2 N I/2 NW 1/4 SW 1 4 �_--_-_ io .891014 W 223377700T71/l D 9af�l�� I SE: 3s-Tz2N-R5E WM N8SI014V —---- la;r ���l,G4Cll!/�f �" _______'___ -_ wlwQQa 5 4T r'------ 1 j 1 N99D01_w 3J_51 j 1 - - W LN NE i 4 NW 1/4 SW 1 t `30 INGRESS AND EGRESS EASEMENT Z Q 10 ELECIRICAL EASEMENT o ol�'� / / / PER REC Nos 616ll17 h 7112280199 O ry PER REC No ]]1010855 M0 LEC SEC 35-T22N-R5E WM 0� 10 COMMUNICATION EASEMENT r+ p.p : PER REC No 7804140994 IL TRACT W ➢ tP � ,J N \ THAT PUTURE DEVELOPMENT TRACT �,Aj, (P,��200�4 W I; O 27 F R- O SEE NOTE 10 SHEET 1 OF 2 £ 4 N89",014'W U ? COMMI W 289 79' SAID THENC Q F+ Iw SOUR W J 10 DEDICATED TO THE PU9UI MEN( C o UPON THE RECORDING OF THIS PLAT LINE I z z o TRACT*A' m I s6cnl STORM DRAINAGE TRACT m iHENf SEE DEDICA➢ON SHEET 1 CIF 3 LINE z THEM OF LC 31000 309 84 THEM 6 LN NE 1/4 VW I/4, SW 1/4 SEC 35-T22N-R5E WM N9912'15'W 52984 THEN( JO 00 FEET L07- 7 LOT 1 3OB2 30 THEN( K C S P LO 1 2 No 87 0626 THEW REC INo js 177707j Y; C SNo i6p325 I SOUR 08297 O z0 Rr0 THEM OF h 35 THE I PLEASE ATTACH THIS TO ITEM NO 6J MERIDIAN RIDGE DIVISION I FINAL PLAT#FSU-98-8 &PLAT ALTERATION#PTA-2001-2 • MERIDIAN RIDGE DIVISION 1 #SU-98-8,#AP-98-8,#AP-98-5 CONDITIONS OF APPROVAL On January 20, 1999 the City of Kent Hearing Examiner approved the above named Preliminary Plat with the following conditions I. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, and either construct or bond for the following. a A gravity sanitary sewer system to serve all lots The septic system serving the existing home(s) within the proposed subdivision shall be abandoned in accordance with King County Health Department Regulations b A water system meeting domestic and fire flow requirements for all lots Existing wells, if any, shall be abandoned in accordance with the requirements of the Department of Ecology c Detailed Drainage Plans which show how the 100-year post-developed • stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance to the City of Kent Construction Standards, and as specified in the DNS for this development d Landscape Plans for the retention/detention pond facility, as referenced in Kent's Development Assistance brochure for same e Stormwater Treatment Plans for an open-to-the-air stormwater treatment system in accordance with the requirements of the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality (1) The stormwater treatment system shall be within the approved public retention/detention facility tract (2) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement f A Detailed Grading Plan for the entire subdivision. g. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision • which reflects the Detailed Grading Plan, and the Planning Department approved Tree Plan. h. Street Improvement Plans for 152"" Avenue Southeast, designed in conformance with the requirements for a Minor Arterial Street as described in the City of Kent Construction Standards Street Improvement Plans for the • Hearings Examiner Findings and Decision Mendian Rtdge #AP-98-5, #AP-98-8 and #SU-98-8 subdivision street terminating with a cul-de-sac at its west terminus The Street Improvement Plans for this subdivision street shall be designed in conformance with the requirements for a Residential Street as described in the City of Kent Construction Standards, including but not limited to: combined cement concrete curbs & gutters and 5-foot wide cement concrete sidewalks on both sides of the street, at least 32-feet of asphalt pavement, a maximum grade of 15 percent; minimum horizontal radii of 100-feet,a City- approved street lighting system, public stormwater drainage, detention,and treatment facilities, internal street system curb return radii of '_'S-feet minimum, curb return radii of 50-feet at the intersection of the subdivision street system with 152"" Avenue Southeast, and a 45-foot radius to the face of curb all cul-de-sacs Shifting of the right of way to the west to accommodate the stream shall be allowed i To provide adequate safe stopping distance within this subdivision, the Applicant/Owner/ Subdivider shall either redesign the internal road system using minimum horizontal curve radii of 100-feet, OR the Applicant) Owner/Subdivider shall provide approved sight distance easements based • upon a 25 MPH design speed across the lots located inside the loop street at the northwest, northeast, and southeast curves in the "loop" portion of the internal street system J All corner lots shall be designed to provide at least 50-feet of dnveway separation distance from the adjacent street comer as required by the City of Kent Construction Standards The following Restriction shall appear on the face of the recorded plat Where one frontage side of a corner lot provides the required driveway separation distance and the other frontage side does not, the driveway location for that comer lot shall not be permitted on the shorter lot side k. Street Light Plans meeting the requirements of the City of Kent Development Assistance Brochure for Street Lighting Requirements. This plan shall be prepared by a qualified professional engineer Iicensed by the State of Washington This brochure is available from the Transportation Section of the Public Works Department. 2. The Owner/Subdivider shall waive all abutter's direct vehicular access rights to 152a Avenue Southeast, and the face of the recorded plat shall contain this Restriction. A similar restriction shall be put upon lots 1 and 69 to prevent access onto Southeast • 280'Street (extended). 3. The Applicant shall submit and receive approval of a Detailed Tree Plan which shows the location of all trees of six inch or greater caliper. Detailed Grading Plans Hearings Examiner Findings and Decision • Mendian Ridge #AP-98-5, #AP-98-8 and#SU-98-8 cannot be approved without a Planning Department and Department of Public Works approved Detailed Tree Plan. 4 The Owner/Subdivider shall dedicate or deed all necessary public rights-of-way for all of the required improvements listed, and shall provide all public and private easements necessary for the construction, operation and maintenance of the required improvements listed. Further the Owner/Subdivider shall reserve easements for any and all purposes as may be required by the Director of Public works. 5 Prior to release of any construction bonds, the Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed by the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards 6 The Owner/Subdivider shall comply with all of the conditions issued with the DNS for#ENV-98-59 7 The developer or applicant shall dedicate five (5) percent of the total property being • developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No 2975 B PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE MERIDIAN RIDGE SUBDIVISION (#SU 98-8), THE OWNER/SUBDIVIDER SHALL 1 Execute all EMAs required above and by the conditions of approval for the DNS issued for the SEPA Checklist for this project 2. Construct all of the improvements required above and record the plat Dated this 20" day of January, 1999. T�,4 PtIJA 4 THEODORE PAUL HUNTER Hearing Examiner •ch:su988fin.doc 4 PLEASE ATTACH THIS TO ITEM NO 6J MERIDIAN RIDGE DIVISION 1 FINAL PLAT#FSU-98-8 &PLAT ALTERATION#PTA-2001-2 • MERIDIAN RIDGE DIVISION 1 MAJOR PLAT ALTERATION #PTA-2001-2 VIVA#2012112 CONDITIONS OF APPROVAL On December 7, 2001,the City of Kent Hearing Examiner approved the above named Plat Alteration with the following conditions DECISION Based upon the preceding Findings of Fact and Conclusions, the Hearings Examiner recommends this application for preliminary plat alterations be APPROVED, subject to the following conditions 1 All conditions imposed with Meridian Ridge Preliminary Plat approval (#SU-98-8) and Environmental Review(#ENV-98-59) shall remain 2 Delineation of the entire subdivision including any alterations, phasing of development and private easements. shall be indicated on the plat map prior to recording of Phase I of the preliminary plat All streets, lots, easements and other relevant plat information shall also be indicated and clearly labeled as Phase II A note shall be placed on the face of the plat noting that Phase II shall not be constructed until the existing private ingress and egress easement is resolved to the satisfaction of the City Phase II configuration need not be recorded until final • plat approval 3 All frontage improvements adjacent to 152°d Avenue SE shall be completed with Phase I of the Meridian Ridge Preliminary Plat The Applicant shall provide a curb cut for the existing private easement approach onto 152"d Avenue SE in accordance with the City of Kent Standards for Residential Driveway Approaches 4 The Applicant shall eliminate the private easement within all dedicated public nght-of-way and within lots 42 and 43 5 Sanitary sewer and water utilities shall terminate at the delineation point between the two phases of development, to be extended upon completion of Phase H 6 The Applicant shall provide for a future access and utilities tract, within Phase II, containing a sufficient amount of right-of-way for future extension of a public street This street shall provide legal access to the western part of the plat (Original Plat Map, Lot 71), and provide a future connection to other existing properties west of the plat This future Access and Utilities Tract shall be constructed to the City of Kent Residential Street Standards and be dedicated as public right-of-way prior to recordation of Phase D of the Meridian Ridge Preliminary Plat, unless alternative access is provided that is acceptable to the City 7 The Applicant shall provide the private easement beneficiaries ingress/egress to pre- construction levels of service and safety at all times during construction of Phase I of the Meridian Ridge Preliminary Plat 8. The Applicant shall restore the private easement to pre-construction conditions prior to recording Phase I of the Meridian Ridge Preliminary Plat This includes re-paving the Page 1 of PLEASE ATTACH THIS TO ITEM NO 6J MERIDIAN RIDGE DIVISION 1 FINAL PLAT#FSU-98-8 &PLAT ALTERATION#PTA-2001-2 • existing driveway, re-installation or re-location of service utilities, and re-vegetation with a groundcover acceptable to the City Page 2 of 2 • Kent City Council Meeting Date Julv 2, 2002 Category Consent Calendar 1 SUBJECT: COUNCILMANIC BONDS (LTGO) FOR 2002 — APPROVE 2 SUMMARY STATEMENT: As recommended by the Operations Committee at their June 18, 2002 meeting, authorization to approve a consolidated Bond Ordinance for the issuance of$13,600,000, plus issuance costs, to provide transportation improvements, East Hill park development; technology; campus expansion and renovation, as well as moving the Kent Station Project forward for the public purpose infrastructure and public purpose land costs. 3. EXHIBITS: Memo from Finance Director Miller and Exhibit A • 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION Council Agenda Item No 6K 4400 FINANCE DEPARTMENT • May Miller Director KENT Phone 253-856-5260 WASHINGTON Fax 253-856-6255 DATE June 24, 2002 TO Mayor White and City Councilmembers FROM May Miller SUBJECT Councilmanic Bonds (LTGO) for 2002-Ordinance and Authorize Mayor to Sign Bond Purchase Contract During the last two months Council has authorized separate Councilmanic (LTGO) bonds for different capital protects for 2002 We are requesting an authorization to consolidate the pieces and proceed with the issuance of one bond issue for the authorized total of $13,600,000 plus debt issuance costs Future debt service payments were already anticipated in the 2002 Budget and will come from existing revenue from sales tax set aside for capital and debt service, real estate excise tax, and street utility tax, depending on the capital use No new taxes are needed for the debt payments The technology bonds will be for ten years and the balance of the bonds will be for 20 years We are well within our legal debt capacity with approximately 51% remaining A preliminary official statement, bond ordinance, and bond purchase contract will be presented at the July 2 Operations Committee meeting The city's credit rating will be reviewed by July 16 and the final interest rates set the night of the July 16 Council Meeting The rates remain low and we have combined uses into one issue to save on issuance costs The protects are ready to go and will provide transportation improvements, East Hill park development, technology, campus expansion and renovation, as well as moving the Kent Station Protect forward for the public purpose infrastructure and public purpose land costs Bond proceeds are expected by July 30, 2002 COUNCIL ACTION Authorize Bond Ordinance for the issuance of$13,600,000, plus issuance costs, of Councilmanic (LTGO) bonds for 2002 Authorize Mayor to sign Bond Purchase Contract with Lehman Brothers U VLoss's riles\2002VCouncdACouncdmamc LI GO Bonds W2002 dog EXHIBIT A PROJECT DESCRIPTION Pro ect Descn ton Council Approval Tech Plan II Public Safety System, back bone 5/21/2002 replacement and other technology upgrades Campus City campus expansion/renovation 6/4/2002 Expansion/Renovation and earthquake building reinforcements East Hill Sports Complex Youth Ball Fields and Sports 6/4/2002 Complex Street Improvements Corridors/streets/transportation 6/18/2002 improvements Kent Station Project Repayment to the Water Fund for 12/12/2002 public purpose land and other related costs Street improvements, wiring and 6/18/2002 other infrastructure costs so,:As:b O� A-1 LTGO Bonds, 2000 FINANCE DEPARTMENT KENT May Miller, Director Phone 253-856-5260 DRAFT DATE June 21, 2002 TO Mike Martin \ FROM May Miller �V- SUBJECT City of Kent Bond Schedule Open House Council Approval May 23 Open House Dena/Finance Operations Committee May 7 Tech II May 21 May 21 PW-Parks Bond Issues June 4 June 4 Kent Station Bonds, Refinancing 9M+Budget Change-Dick King June 18 June 18 Bond Scope-Authorization to Proceed July 2 July 2 Preliminary Official Statement & Bond Purchase Contract Credit Rating With Bond Agencies, Final Official Statement, July 16 Ordinance, Bond Purchase Contract & Pricing of Bonds July 30 Money In Bank COUNCILMANIC (LTGO) Bond Issue Purpose City Council Debt Service Approved Payment Source Gen Gov't Tech Plan II ($7m/10 yr) 2,000,000 CIP-Sales Tax & REET Gen Gov t Campus Expansion/Renovation 1,200,000 CIP-Sales Tax & REET Park East Hill Sports Complex 1,800,000 2nd Quarter REET Street Corridors/StreetslTransportation 2,200,000 Street Utility Tax Street Kent Station Dev — Street lnfrastructure 3,700,000 Street Utility Tax Gen Gov't Kent Station — Street Land & Related Costs 2,700,000 CIP-Sales Tax & REET Total Bond Issue $13,600,000* *Authorize $13,600,000 plus debt issuance costs U lLors's Fllesi2002iLeuers&MemoslElond Schedule doc City of Kent, Wash-ington Limited Tax General Obligation Bonds, 2002 February 8 , 2002 DISTRIBUTION LIST ISSUER City of Kent Phone (253)859-3300 Finance Department Fax (253)850-2541 220 Fourth Avenue South Kent, Washington 98032-5895 May Miller Finance Division Director* Phone (253)856-5260 Email mrml ena ci kent wa us l Oil n Hillman Assistant Finance Director* Phone (253)856-5261 Email Ihillmannci kent ua us lim Huntington Finance Department Phone (253)856-5262 Email IhunnngtonLci Kent ea us Tom Brubaker City Attorney Phone (253)856-3340 Email tbrubakeraci kept tea us BOND COL NSEL Poster Pepper&Shefelman PLLC Phone (206)447-4400 111 I Third Avenue Suite 3400 Fax (206)441-9700 Seattle, Washington 98101-3299 Lee V oorhees Esq* Phone (206)447-8968 Email s oorhgfuster cam Fax (206)749-2025 Traci Becht Phone (206)447-8936 Email becht `faster cam Fax (206)749-1905 UMIERR RITER Lehman Brothers Phone (206)344-5870 701 Fifth Avenue Suite 7101 Fax (206)233-2817 Seattle Washington 99104-7016 Richard B King» Phone (206)344-5838 Email rking r lehman cam Scan keatts Phone (206)344-5881 Email skeattslri lehman eom U NPFRP RI FERNS COONSFL Peiki is Cole LLP Phone (509)624-2212 221 North Wall Street Sunc 600 Fax (509)458-3399 Spokane Washington 99201-0826 Roy I Koegen Csq* Phone (509)458-33W E-mail kocgr(5perkmscoie cam Dubbi Yates Phone (509)624=212 E-mail ),atedku_p[.rkinscoic cam `Send all documents to 1I7CSE!!sdll!duals Page 1 of 2 • OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON TO TIM CLARK, COUNCIL PRESIDENT CITY COUNCIL ME ERS FROM JIM WHITE, MAYOR DATE JUNE 25, 2002 RE APPOINTMENT TO KENT DIVERSITY ADVISORY BOARD I have appointed Mr Ray Coleman to serve as a member of the Kent Diversity Advisory Board Mr Coleman is CEO of SKCAC Industries and will represent persons with disabilities Mr Coleman was employed with the King County Justice System for many years before accepting his current position He is a long-time community activist Mr Coleman will replace Jennefer Henson, who resigned, and his term will continue until 9/30/2005 I submit this for your confirmation Jb cc Jed Aldridge • OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHING70N TO TIM CLARK, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM JIM WHITE, MAYOR_p DATE JUNE 26, 2002 "``��C����� RE APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have appointed Mr Rod Saalfeld to serve as a member of the Kent Human Services Commission Mr Saalfeld has been associated with Bell-Anderson Insurance here in Kent since 1969 He is a long-time member of Kent Kiwams, was active in the Kent Community Foundation and in earlier years was a member of Kent Jaycees • Mr Saalfeld will replace Judi Sarff, who resigned, and his term will continue until 1/1/03 I submit this for your confirmation Ib cc Kathenn Johnson • Kent City Council Meeting Date July 2, 2002 Category Other Business 1 SUBJECT: SPECIAL COUNCIL MEETING ON AUGUST 6TH, NATIONAL NIGHT OUT 2. SUMMARY STATEMENT: On August 6, 2002, the City of Kent, along with other cities all across the country, will recognize "National Night Out", an event designed to bring neighborhoods together for the purpose of community enhancement and crime prevention. Our Police Department, the City Council and I also take this opportunity to thank the citizens that make this neighborhood crime prevention work. In order to attend this event, the Council will be changing its regular meeting time from 7:00 p in. on August 6, 2002, to a special meeting at 5:00 p.m. on that same day. 3 EXHIBITS• None 4. RECOMMENDED BY: • (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPAC NO X YES - 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, CouncilmemberiJ seconds to cancel the regular City Council meeting at 7.00 p in on August 6, 2002, to set a special Council meeting at 5 00 p in on August 6, and to direct the City Clerk to provide the necessary notices, as provided by law, and to finalize the agenda for the special meeting no later than close of business, Thursday, August 1, 2002 DISCUSSION ACTION. Council Agenda Item No. 7A • Kent City Council Meeting Date July 2, 2002 Category Bids 1. SUBJECT: 2002 ASPHALT OVERLAYS 2 SUMMARY STATEMENT: The bid opening for this project was held on June 25th with four (4) bids received The low bid was submitted by Watson Asphalt Paving in the amount of S495,212.47. The Engineer's estimate was $483,210 75 The Public Works Director recommends awarding schedules I, II, III, IV, V, X, XI and XII of this contract to Watson Asphalt Paving 3 EXHIBITS: Memorandum from P he Works Director • 4 RECOMMENDED BY: (Committee, Staff, Examiner, Co ission, etc ) 5. UNBUDGETED FISCAL/PER ONNEL IMPACT: NO X YES 6 EXPENDITURE RE UI : $495,212 47 SOURCE OF FUNDS. R20 11 7 CITY COUNCIL ACTV Councilmember QAILI moves, Councilmember fPL seconds that the 2002 Asphalt Overlays contract, schedules I, II, I1I, IV, V, X, XI and XII be awarded to Watson Asphalt Paving in the amount of$495,212.47 DISCUSSION .- rACTION Council Agenda Item No 8A COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 Fay 253-S56-6500 KENT Address 220 Fourth Avenue S W^�.I"I'°" Kent,WA 98032-5895 Date July 2. 2002 To Mayor & City Council From Don Wickstrom,Public Works Director Subject 2002 Asphalt Overlays Bid opening for this project was held on June 25th with four bids received The low bid was submitted by Watson Asphalt Paving in the amount of S495,212 47 The Engineer's estimate was S483,210 75 The Public Works Director recommends awarding schedules I, II, III, IV, V, X, XI and XII of this contract to Watson Asphalt Paving Bid Summary Watson Asphalt Paving $495,212 47 ICON Materials $523,782 35 Lakeside Industries $545,072 35 Woodworth and Company $588,852 99 Engineer's Estimate $483,210 75 MOTION Councilmember moves, Councilmember seconds that the 2002 Asphalt Overlays contract be awarded to Watson Asphalt Paving, for the low bid amount of $495,212 47 Asphalt Overlays Pniect#02-3001 u. NYoshnal.e Kent City Council Meeting Date July 2, 2002 Category Bids I. SUBJECT: KENT-MERIDIAN HIGH SCHOOL SIDEWALK IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on June 25th with two bids received. The low bid was submitted by R. W Scott Construction Co in the amount of S309,202.60. The Engineer's estimate was S299,737 00. The Public Works Director recommends awarding this contract to R. W Scott Construction Co 3. EXHIBITS: Memoran um from Public Works Director 4. RECOMMENDED BY: (Committee, Staff, Exa ner, Commission, etc ) 5. UNBUDGETED FISC LlPERSONNEL IMPACT: NO X YES 6 EXPENDITURE RE UIRED: $309,202.60 SOURCE OF FUNDSf R20011 7 CITY COUNCIL JiTON: Councilmember �/V1i moves, Councilmember seconds that the Kent-Mendian High School Sidewalk Improvements contract be awarded to R W Scott Construction Co in the amount of$309,202.60. DISCUSSION ACTION Council Agenda Item No 813 COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-556-5500 Fax 253-S56-6500 KEN T Address 220 Fourth Avenue S Kent,WA 98032-5595 Date July 2, 2002 To Mayor& City Council From Don Wickstrom, Public Works Director Subject Kent-Mendian High School Sidewalk Improvements Bid opening for this project was held on June 25th with two bids received The low bid was submitted by R W Scott Construction Cc in the amount of S309,202 60 The Engineer's estimate was $299,737 00 The Public Works Director recommends awarding this contract to R 0 W Scott Construction Co Bid Summary R W Scott Construction Co $309,202 60 Dennis R Craig Construction, Inc S331,287 70 Engineer's Estimate $299,737 00 MOTION Councilmember moves, Councilmember seconds that the Kent- Meridian High School Sidewalk Improvements contract be awarded to R W Scott Construction Co , for the low bid amount of$309,202 60 KM HS Sidewalks Project#01-3012 cc NYoshilake REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE [ �1p� 7/6 6D L/ C PUBLIC SAFETY COMMITTEE /-<7 -61 v D PUBLIC WORKS 7— S E PLANNING COMMITTEE (,V v 7- @ 02 F PARKS COMMITTEE G ADMINISTRATIVE REPORTS [ CG t19j �`►��-y f-�(c� li-c�-i � 15 rn�,.�,�.-tom REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES JUNE 412002 COMMITTEE MEMBERS PRESENT Chair Rico Yingling, Leona Orr, Judy Woods STAFF PRESENT May Miller, Tom Brubaker, Mike Martin, John Hodgson, Tim Clark, Julie Peterson, Jackie Bicknell PUBLIC PRESENT Bob O'Brien, Ted Kogita The meeting was called to order by Chair Rico Yingling at 4 04 p m Approval of Minutes of May 7. 2002 Committee Member Leona Orr moved to approve the minutes of May 7, 2002 The motion was seconded by Committee Member Judy Woods and passed 3-0 Approval of Vouchers dated May 31, 2002 Leona Orr so moved to approve the vouchers of May 31 , 2002 The motion was seconded by Judy Woods and passed 3-0 Kent Station Bond Issue and Budget Change Finance Director May Miller said the Council authorized the $2 9 million bond for street infrastructure improvements when the City bought the Kent Station land Those improvements will take place over the next two years in two different phases, and will include the 2n° Avenue extension, the widening of 41h Avenue and the different intersections on 41", it will eventually provide roads, sidewalks with trees, light, underground power, new modified signals, water and sewer Some of the work on the 2nd Avenue extension will begin this summer, but a lot of the improvements and some of the work along 4`n Avenue won t happen until next year The water and storm drainage fund money was planned in last year's Capital Plan and adopted in the final 2002 Budget The money for the debt service payment for that piece will come from the Street Utility Tax in the Street Fund, which was also budgeted last year The second piece of the bond issue is the $3 5 million for the land under the 2nd Avenue extension, the land under the sidewalks, all the right of ways, and the associated environmental studies, etc The debt service for that piece was budgeted out of the CIP Fund last year and will be paid using existing sales tax and the first quarter percent real estate excise tax The bond issue has been reviewed by the City's Bond Council, Foster, Pepper, & Shefelman and have given their clearance They always review the formula that's used whenever debt issues are put together and they say that this is within the accepted range The City s available capacity is still 51%, even after these bond issues, which is way more than would ever be used Operations, 6/4/02 2 The total amount budgeted last year was $20,658,000 for infrastructure improvements and the original land purchase (which Council had already approved) This bond issue pulls it all together into one document and adds a long-term interest over the next 8 years (The project management position will be paid out of the CIP Fund ) All of it was anticipated and included in the long term Six Year CIP Forecast when the Capital Plan was done last year This budget recognizes the state grant for $900,000 and the federal grant received by Sound Transit for the City (Kent won't actually get the grant— Sound Transit will, so the payment to them will be reduced and that bond money used for the Kent Station project) This also recognizes the lease revenue received from Borden and the interest income from that, and fine-tunes all the revenue income and expenditures to the known costs A preliminary model was done using estimated numbers of when the project would go in place, and there should be a positive cash flow in 2008 All the additional interest costs would be recovered by revenue that would be coming in, and beyond that, as projects are improved and sales and property taxes increase, it will continue to grow the revenue and will show a positive cash flow for the City Part of the bond issue replaces the short-term interest and pays the Public Works Water Fund back the money the City borrowed, plus interest About $13 million has already been spent and a lot of the rest will be spent this summer for infrastructure pieces Judy Woods moved to recommend that Council authorize issuance of Councilmanic bonds of $6 4 million for Kent Station public purpose land, infrastructures, and associated costs, and to authorize a project budget of $23.5 million for the Kent Station Project for the period of 2001-2008 The motion was seconded by Leona Orr and passed 3-0. Reallocate a Portion of 2000 Bond Monies May Miller said bonds were originally issued to buy the land that was part of the Catholic Church for the police station That will now not be purchased, and $1 million of that money has lust been sitting. Originally the City was going to do bonds for Clark Lake so the reallocation will take that million and pay back Public Works part of the money borrowed on Clark Lake That makes a better use of the money, saving interest costs for the park project and getting some cash flow back for some of the money that was borrowed The second reallocation piece is the Federal Grant that Sound Transit received Sound Transit is writing an agreement to reduce the City's payment to them Four million dollars was originally issued in bonds, $2 million was given to Sound Transit on permitting and the other $2 million was due when they finished They are now going to reduce that by $891,026, so that money can now be reallocated $400,000 will be used to help pay Public Works the S3 9 million borrowed so the whole early Kent Station loan can be paid off Operations 6/4/02 3 In response to Rico Yingling's question as to why Sound Transit would be willing to reimburse the $891,000, Chief Administrative Officer Mike Martin said the grant was from the FTA (Federal Transit Authority) and was awarded to the City, but because the project was not federalized and hadn't gone through certain environmental processes, it was more expedient to make an arrangement with Sound Transit where the money came to them, and instead of paying them the $2 million that was owed, the City would give them $1 9 million The City essentially got use of the funding without having to go through the NEPA process and the federalization Leona Orr moved to recommend that Council authorize reallocation of the 2000 LTGO bonds for $1 million dollars from Police Land to Clark Lake Land and $891,026 from Sound Transit Parking Garage to the Kent Station Project. The motion was seconded by Judy Woods and passed 3-0. Kent Station H&CD Loan Refinancing May Miller said that when the City went into the Kent Station Project, S9 million of Float Block Grant money was borrowed from H&CD At the time, a housing component with condo s and apartments with low income units, a grocery store, and some low income type lobs were discussed HUD has now audited King County and has said that the City didn t sign the right forms and there are new requirements, also that low income housing would have to be added That was never mentioned nor ever planned during any of the earlier discussions Ms Miller said she had met with Legal and with Housing and Human Services Manager Katherin Johnson to talk about what should be done It seems at this point that the City should terminate the loan and give HUD back the money Public Works, by having the bond money, will have sufficient cash flow and the City can then borrow the money in a short-term loan from Public Works (The City can only do a short-term loan — not to exceed three years — and has to pay the same interest rate, which is higher than what Public Works can get right now at the pool rate ) This proposal is to borrow $9 million in a short-term three year loan Next year it's anticipated that the first 6-8 acres would be sold and the money used to repay Public Works It's a good use of short term money and will save a lot of red tape with HUD Judy Woods moved to recommend to Council authorization of a $9 million dollar short term 3 year interfund loan from the Water Fund to the Kent Station Project with interest rates to be paid monthly at 4%; and to authorize the Kent Station Project to use the interfund money to terminate and refund the $9 million dollar King County H&CD Borden Float Loan by July 31, 2002, including all interest through that date and any termination costs; and to authorize the City of Kent Attorney's office to prepare an interfund loan document, a 30 day termination and refund notice to King Operations 6/4/02 4 County H&CD and a Notice of Termination to US Bank for the back-up Line of Credit Agreement. The motion was seconded by Leona Orr. Judy Woods commented that this was something that HUD had come back at the county for and not the fault of anyone in the City The county had sent mixed messages and not delineated what was gang to be anticipated for the use of the funds She stated she was very happy to be able to find a different way to put money into the Kent Station project The motion then passed 3-0. Ted Kogita, 25227 Reith Road, Kent, remarked that getting a 1 5% return on the Water Fund money was a very poor return, and yet the City would be paying 4% (which was actually more logical) He asked how much money in interest the City was losing on the Water Fund May Miller replied that the quoted percent was just the pool rate for where the City leaves liquid cash A certain amount of the money is in liquid cash and some of it is in longer-term investments The longer term investments go out in bids for the highest rate of interest available Right now the yield curve shows that three year money is around 4% Ms Miller offered to bring a list of all the Water Fund investments and all the different rates to the next meeting Bob O'Brien, 1131 Seattle Street, said he had read the article in that day's paper about the loan to H&CD (Housing and Community Development), and his understanding was that the loan had originally included that there was supposed to be low income or affordable housing Ms Miller said the agreement they brought and the discussion didn t have that portion Mike Martin added that the actual document that was signed with the county had no mention of any housing targets It did mention job targets of 498 low to moderate income jobs but no housing targets That was probably one of the errors that was picked up when the Feds went back and monitored the county's Community Development activities and that was one of the reasons they wanted to have the City resign a new document Mr O'Brien said he'd like to see his water rates lowered and the gigantic water slush fund terminated He reiterated what Ms Miller had said that the City has a bond capacity more than adequate to fund anything within a normal range, but stated that every time there's a pet project, the City goes to the slush or Water Fund and grabs the money out of there He contended that it was poor fiscal management to continually go to the Water Fund He asked when the City was going to lower the water rates Rico Yingling said he regretted the use of the word "slush fund" because the Water Fund is also a Capital Fund where money is collected that is going to be used to build capital projects Every big organization and every city has a large capital fund for infrastructure projects they may have to build This project is Operations, 6/4,02 5 probably one of the biggest Kent has ever done and that money has to be collected over time or do bonds The City of Kent is actually doing a little bit of both so that the hardship on the community isn't as great Mr Yingling said he would call borrowing the money from the Water Fund actually very good fiscal management because the City is using the fund as a bank The money could be borrowed from a bank and the interest would go to the bank instead of going to the City's own fund It's a way to utilize money that's basically sitting idle for a short period of time As far as lowering the water rates, that was a different item and too complex to answer at this time He suggested that Mr O'Brien compare Kent's water rates with different areas Kent has very good, very low rates compared to many of the areas around The meeting adjourned at 4 32 PM. Jackie Bicknell City Council Secretary PARKS COMMITTEE MINUTES MAY 14, 2002 COMMITTEE MEMBERS PRESENT Chair Judy Woods, Tim Clark (sitting in for Connie Epperly), Bruce White STAFF MEMBERS PRESENT John Hodgson, Tom Brubaker, Lori Flemm, Katherin Johnson, Dave Everett, Marty Mulholland, Joan Broom, Judy Bennett, Jackie Bicknell PUBLIC PRESENT Bob O'Brien, Wes House The meeting was called to order by Chair Judy Woods at 4 04 PM Approval of the minutes of April 9, 2002 will be held until the next meeting Department of Natural Resources Grant — Accept and Amend Budget Parks Planning and Development Superintendent Lon Flemm said the City was awarded a Department of Natural Resources Grant in the amount of S5,097 90 Ms Flemm said this was the second year the City had applied for the grant She acknowledged the work and improvements that Fund Development Coordinator Dave Everett had made to this year's application to bring about the success of receiving the grant Ms Flemm said the City had hired Urban Forestry Services a couple of years ago to do an assessment of the trees in Campus Park It was found that several of the Douglas fir trees had root rot, which is a disease that spreads by contact with the roots, so it was recommended that 29 trees be removed to preserve the health of the urban forest there (Four of the trees could be left for snags for wildlife benefit and bird habitat ) Twenty-five western red cedars would be planted to replace the trees that would be removed, and the grant would cover the cost of those trees as well as the removal of the 29 trees The City hopes to work in a dual partnership with the Kent School District to plant the trees and monitor their health over the next three years The protect must be completed within a year from the time the contract is signed The schedule submitted with the grant request was to cut the trees down this summer and then replant this fall In response to Bruce White's question about when the contract would be available, City Attorney Tom Brubaker noted it was in his office waiting for review, and offered to quickly get the contract, go over it to see if any strings were attached, and report back before the meeting was over Tony Hawk Foundation Grant— Accept and Amend Budget Lon Flemm said the City had applied for a S25,000 grant from the Tony Hawk Foundation for architectural and engineering services associated with the design Parks Committee, 5/14/02 2 and construction of the East Hill Skate Park (Ms Flamm noted that Tony Hawk is a professional skateboarder ) Only a $1 ,000 grant was awarded, as the Tony Hawk Foundation decided to award more grant requests and give more individuals grant money instead of honoring large requests The City will be master planning the site and the $1,000 will probably be used for the services of a civil engineer Tim Clark moved to recommend that Council accept the Tony Hawk Foundation Grant of $1,000 and amend the East Hill Skate Park budget. The motion was seconded by Bruce White and passed 3-0. Off Leash Dog Park Update Lori Fiemm said two open houses were held on Thursday, April 25, at Kent facilities in conjunction with eight other cities in South King County and staff from the King County Parks and Recreation Department Seventy-four people attended the session at noontime and over 95 people attended the evening session The Task Force received input on the need for an off leash area in South King County from citizens of all eight cities as well as citizens from Redmond and Seattle There are currently two regional off leash parks in King County - one in Marymoor Park in Redmond and the other at Luther Burbank Park on Mercer Island !Ninety-five percent of the people that attended the open houses said a regional off leash park was needed in South King County as it was too far to go to Marymoor Pan, or Luther Burbank for their needs People were asked how often they would use a regional off leash park, and 95% said they would use it at least once a week and 70% said they would use it twice a week or more The Task Force had recommended that Grandview Park, in the City of SeaTac but with title held by King County Parks, be considered as an off leash site, so attendees were asked if they would use an off leash area in Grandview Park, ninety-five percent of the people said they would People were asked what amenities they would like to see at an off leash park and which would be essential and which desirable Fencing, restrooms, drinking water, and parking were considered essential, and a whole range of desirable amenities were listed That public input will be considered in the Master Plan for Grandview Park as the design work is done for the off leash area there One of the questions asked at the open houses had to do with funding options for maintenance of the park and whether people would be willing to pay for an off leash area at Grandview Park Day use fees were suggested, a surcharge on pet license fees, an annual pass to use the park, a membership fee specifically for the off leash area, and having a concessionaire at the park that would sell coffee and other refreshments (and milk bones, etc , for the dogs) with a percentage of the profits going to the South King County management agency for upkeep of the park Each City could also contribute a share, and fund raising events could be conducted by the volunteers There is now a South County chapter of SODA (Serve Our Dog Parks Committee, 5/14/02 3 Area), that has indicated it is willing to help raise funds And, there could be sponsorship by local pet stores or veterinarians One time contributions by all the eight cities in King County were suggested to help build the park, as well as applying for grants (an application, due May 1 s`, was sent for a grant from the Interagency Committee For Outdoor Recreation for construction of an off leash park) Volunteers will help construct the park A pet license annual surcharge was also looked at as a source for construction funds, as were donations, sponsorships, and annual user fees King County Animal Control had asked that a survey be conducted at the open house to find out if people would support a $1-$2 surcharge on their animal license or if they would prefer having the option of a box on their renewal form they could check to make an optional donation Out of the 132 people that took the survey, 128 supported a $1 or$2 surcharge Eighty-five percent of the 128 people also said they would check the donation box and make an additional donation in the $10-$20 a year range Another Task Force meeting will be held on May 31" with the cities and county getting together to review the input received from the open houses An advisory committee of citizens who live in each of the eight cities, along with a representative from King County, will work with the Task Force to help design the off leash area at Grandview Park The Task Force has also established committees to prepare a business plan and look at maintenance funding options The IAC Grant should be awarded by the legislative session in 2003 and a construction contract anticipated by summer of 2003 The off leash area would probably open by the fall of 2003 In response to Tim Clark's question about the challenges that Marymoor Park had faced, John Hodgson said Marymoor started withl0 acres and grew to 40 acres as the visitation went up The dog area is a separate site from the rest of the park, and they have a budget for the exact cost of the specific fenced-in area The biggest expense is animal waste removal, and then there are some physical improvements such as litter pick up, etc , plus a cost attributed to the entire park The cost for the park itself is about $25,000 annually for maintenance and operations (the cost for the rest of the park is not known at this time, but it's a nominal figure), and SODA contributes about $25,000 a year in other enhancements to the facility A surcharge of $2 00 on dog licensing for 45,000 dogs in King County would amount to about $90,000 a year, but that would be paid out to the other two parks as well as the South County Park A concessionaire could operate at Grandview Park on behalf of one of the agencies that ultimately would become the owner of the park (SeaTac or King County) and sell lattes and/or pet paraphernalia such as dog bones/biscuits, etc Combining some of the concession money with the $2 00 fee per license should cover the M&O costs Wes House, 24417 130`h pl SE, Kent, said there may be more than 45,000 dogs (they're not all licensed), but with the surcharge, and probably even without it, Parks Corrmnce, 5 14M 4 maintenance and operations shouldn't be a problem because a very strong social community gets built around dog parks It becomes recreation for the people who go there and most are quite willing to spread bark or rebuild buildings, etc , on a volunteer basis Mr House said that was how Marymoor Park gets a great deal of its work done, and that same spirit is in the South-end Continuing Item #2 — Department of Natural Resources Grant Tom Brubaker said the Department of Natural Resources Grant contract was a straightforward agreement that requires the trees be planted and a mid year and final report be given The granting agency has rights to review the work The City has to adhere to some federal OMB guidelines and be subjected to an audit, which is standard operating procedure By accepting the money, the City accepts the agreement and can't discriminate in the work (which is a binding obligation) The agreement has a standard dispute resolution provision (However, if there should be a dispute, the City would have to go to Superior Court in Thurston County instead of King County.) The Department of Natural Resources can terminate the grant if for some reason they don't have enough funds The City indemnifies them for the work it does under the agreement and has to provide necessary levels of insurance Mr Brubaker said there were also some standard boilerplate requirements, which if taken away, leaves only the obligations of doing the work and a mid year report and final report Tim Clark moved to recommend Council accept the Washington State Department of Natural Resources grant in the amount of $5097 90 for tree maintenance at Campus Park and amend the budget accordingly The motion was seconded by Bruce White and passed 3-0. Community Development Block Grant (CDBG) Entitlement — Update Housing and Human Services Manager Katherin Johnson said the City was in the process of securing the Entitlement Status from the Department of Housing and Urban Development for.Community Development Block Grant Funding Councilmember Woods, as part of the Citizen Oversight Committee, had asked that staff keep Council informed as to what's happening The Oversight Committee selected a consultant, John Epler & Associates, to do the Consolidated Plan Mr Epler has over 20 years experience working directly for HUD, which is a definite benefit because he knows exactly what they re looking for in a Consolidated Plan and fully understands all of the certifications and work that needs to be done to present a case to HUD showing that the City is capable of implementing the funding Mr Epler's two associates are Sylvie McGee and Linda Renaldi who have worked for the City in the past They were hired to do the RJC Impact Study, plus they've done several other projects in South King County and are very familiar with the provider community in south county as well as the issues around povertv and low income status Parks Con=ttee 5/14/02 5 The consultants have met with the Citizen Oversight Committee and gotten some input as to who would be good key informants, such as the City Council, Mayor, administration, department heads, and providers, and they re going to contact the Senior Center and actually sit down and talk with some seniors They will go to some of the housing projects and talk to people who are living in subsidized housing and also to business groups and the faith community To date, they have developed a timeline for protect implementation and have discussed the timeline and the necessary components with staff They presented a draft outline of the Consolidated Plan to the Citizen Oversight Committee and took input from the Oversight Committee on the outline and presented the list of the planned interviews The Committee meets the first Tuesday of each month and will be doing so through September when a final draft of the plan will go before the City Council During the summertime, there will be a public comment period and the Plan will be in a variety of public places like the Library, City Hall, and the Senior Center where people can actually access it, Staff will also try to have it on the City s web site Ms Johnson said Mayor White had received notification directly from HUD that Kent was named a metropolitan city and was entitled to accept its grant directly from HUD The Mayor responded with a letter accepting metropolitan status and declaring that the City would prefer to have the money come directly to it and not through the consortium Presentation of Awards and Recognition John Hodgson announced awards that had recently been received ♦ The company that engineered the emergency generator protect received the Silver Award from the local Engineering Excellence Awards at the American Civil Engineers Conference this past month ♦ The Washington Park and Recreation Association recognized the Parks Department this past month in two areas 1 Planning and Development received three Awards of Merit— for the Neeley Soames Homestead Protect, Chestnut Ridge Neighborhood Park, and the City's partnership on the Kent Valley Ice Center In conferring the awards, the Planning/Park Resources Division of the WPRA recognized how a protect is put together and what it means to the community Mr Hodgson said it doesn't happen easily and he cited several staff that had made it happen Dave Everett, Lon Flemm, Joan Broom, and Pam Baum 2 At the Park and Recreation Conference, Camp Imagination, one of the City s teen programs, was recognized by the Teen Services section of the Washington Recreation and Park Association as the top program in the state Mr Hodgson said Camp Imagination is different from most summer camps Parks Comnuaee, 5/14/02 6 The kids have fun, but they also do neighborhood and community service projects, and half of a camp week is spent doing community service, working at the Food Bank, doing a park improvement project, etc , and the other half is spent doing fun stuff • The City received national recognition for "Make A Difference Day", which is an annual national program held in partnership with the Points of Light Foundation and USA Weekend Magazine, which is in the South County Journal (The City was nominated by the South County Journal ) Kent was recognized nationally as the top local project It's an annual program to bring community volunteers into the park system This year, one hundred and fifty volunteers helped plant trees and shrubs at Clark Lake Mr Hodgson said it feels great to be recognized by peers, and expressed that the Kent community can be very appreciative of the work done by City staff Tim Clark suggested there be something visual presented to the full Council at the Council meeting so the work of the Parks Department could be commemorated and the citizens could see how the Department has involved the community in improving the quality of life in the Kent Citizen Comment — The Closing of King County Parks Bob O'Brien, 1131 Seattle Street, Kent, said there had been a lot in the paper and on television and radio regarding the closing of parks by King County He suggested that using the C ty s web site would be an ideal opportunity to bring an update to the people as to how that might impact Kent John Hodgson related that he serves on two committees and attends three meetings a week (and night meetings) trying to keep up with the King County Parks situation He noted that things change daily The citizens of Kent use the King County Parks System and there would be an impact —the greatest of which would probably be the swimming pool, as about 69% of the users of the Kent pool are City residents There are also King County parks in Kent's PAA that are affected and regional parks that Kent citizens may use Five hundred people attended a meeting last night in Redmond to discuss the issue and tomorrow night there will be another public meeting at the Lake Wilderness Center in Maple Valley Mr Hodgson said that after tomorrow night's meeting, and once the status of the King County Metropolitan Task Force is known, he would put together some information and get it on the City's web site The pool is the only King County facility in Kent, but the Sees Creek Trail is right on the border of Kent and Covington My Hodgson said it was his understanding that the King County Parks Department had transferred the trail to the Department of Natural Resources and that would be maintained through their funding cycle In Kent's potential annexation area there are five other parks the pea patch area south of Kent on the Green River, a park north of Meridian Junior High, which is a few Parks Committee, 5/14/02 7 ballfields and a tennis court, a huge wetland forested area, and a couple of other neighborhood parks Closure of those would not be an impact to the City of Kent, but would be to potential future residents of Kent One of the committees is made up of a combination of suburban city managers, and legal, finance, and park department staff, and that group will be presenting a proposal to the Task Force tomorrow that recommends the county negotiate to pay the cities for maintenance of those PAA parks There are cities that actually want parks transferred to them (not Kent) and the committee will encourage the county to move forward on that The committee also wants to set up a task force on the swimming pools, which would probably be the biggest impact in terms of cost to the county and impact on citizen users To solve the pool problem, the future needs to be considered by looking at what aquatics should be in King County 10, 15, or 20 years from now The King County pools are now 35-40 years old, and when the Forward Thrust responsibility for those pools ends, there will be no one responsible and they will revert to the schools who can then do whatever they want with them Mr Hodgson stated the pools weren t built for enterprise purposes to make money and would not be revenue generators in their current state, and it is unpalatable for cities to take on those things knowing the revenue expectation does not match the expense The meeting was adjourned at 4 50 PM Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. • EXECUTIVE SESSION A) Labor Negotiations B) Pending Litigation