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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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