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City Council Meeting - Council - Agenda - 11/05/2002
ti City of Kent City Council Meet ' ng Agenda KEN T W A S H I N G T O N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr RicoYingling November 5, 2002 Office of the City Clerk Y SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T November 5, 2002 WASHINGTON Council Chambers 700pm MAYOR Jim White COUNCILMEMBERS. Judy Woods,President Tim Clark Conine Epperly Leona Orr Julie Peterson 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—Human Services Month C Introduction of Appointees D Proclamation—World Town Planning Day F. a0o3 6qe 5 PUBLIC HEARINGS o fi None • 6 CONSENT CALENDAR f (fJ A Minutes - Approve B Bills—Approve C Maintenance Contract for HP Minicomputers— pprove D City Council Rules & Procedures Resolution —Adopt E City Council Agenda Format Changes — Approve F Garrison Creek Improvements—Authorize G LID 352 — 1st, 3rd & 5th Avenue South Storm Drainage Improvements—Accept as Complete H. Sale of Surplus Equipment—Authorize I Kingsley Glen Final Plat—Approve J 2002 Asphalt Overlays— Accept as Complete K Canyon Drive Bicycle and Pedestrian Facilities Improvements — Accept as Complete L West Valley Highway Raising—Accept as Complete M Dollar Development Bill of Sale—Accept N 2002 City of Kent Traffic Striping—Accept as Complete O Median Separator Agreement with Sound Transit—Approve P Independent Salary Commission Appointments— Confirm Q Symtron Systems Lease Agreement Renewal —AuthorizeR King County Medics Lease Agreements Renewal — Authorize S Sale of Surplus Fire Vehicle — Authorize �h uxN\cJ Abseece - Pef6orn (continued next page) c CITY COUNCIL MEETINGS WELCOME The Kent City Council meets on the first and third Tuesday of each month except December at 7 00 p m In December, the Kent City Council meets on the second Tuesday of the month at 7:00 p m The public is welcome and encouraged to participate in the meeting Meetings are televised on local cable television either live or tape delayed. The following is a guide to insure that your participation is effective and timely 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2 ROLL CALL 3 CHANGES TO THE AGENDA When the Mayor asks for changes to the agenda from the public, please give your name and address and the subject of your concern The Mayor, with the consent of the Council, will then determine whether or not this should be added to the agenda and if added, whether it should be added as an Other Business item (97) or a Continued Communications item (#11), and will call upon you at the proper time 4 PUBLIC COMMUNICATIONS Presentations, proclamations, introductions, etc 5 PUBLIC HEARINGS When the Mayor asks for public comment, you should rise or raise your hand. Upon being recognized, step to the lectem, give your name and address, and state the nature of your interest or concern Please speak into the microphone on the lectern All comments should be addressed to the chair (Mayor) 6 CONSENT CALENDAR The Consent Calendar is designed to expedite the business of the City Council. These items have been previously discussed by the City Council and are considered so routine that passage is likely All items listed are passed in a single motion An item on the Consent Calendar may be removed from the Consent Calendar and considered separately upon request of a Councdmember 7 OTHER BUSINESS Other Business items may require discussion by the City Council prior to reaching a decision You maybe given the opportunity to address the City Council on any item listed by following the Am same procedure as in Public Heanngs If there is a great deal of public input on any item, the City Council may elect to set a public hearing for a future date 8 BIDS This part of the agenda is for the approval and award of contracts for the purchase of equipment or construction projects 9 REPORTS FROM STANDING COMMITTEES AND STAFF This section is for reports from the Council President, Chair of the City Council Committees or City staff 10 REPORTS FROM SPECIAL COMMITTEES This section is for reports from special committees. 11 CONTINUED COMMUNICATIONS Items added to the agenda will be introduced at this time In order to better serve the public, please limit your comments to three minutes 12 EXECUTIVE SESSION When necessary, the Council may recess to an Executive Session These are closed sessions during which only certain subjects may be discussed, such as personnel matters, litigation concems, and the sale or acquisition of property „ 13 ADJOURNMENT COUNCIL COMMITTEE MEETINGS Council Committees are composed of three Councilmembers. The Committees meet regularly, and the Council is best able to address the concerns of constituents during these meetings Recommendations are then taken to the full Council, and action is taken at a City Council meeting The five Council Committees are Operations, Parks, Planning, Public Safety and Public Works. The Council • _ also holds a workshop prior to each Council meeting If you would like a schedule of Council Committee meetings, please call the Council Secretary at (253) 856-5712,the City Clerk's Office at (253) 856-5725, or Administration at(253)856-5721. 41W CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the sub9ect 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 B) PROCLAMATION-HUMAN SERVICES MONTH C) INTRODUCTION OF APPOINTEES • D) PROCLAMATION- WORLD TOWN PLANNING DAY CONSENT CALENDAR 6. City Council Action. nn Councilmember l2njj� moves, Councilmember seconds to approve Consent Calendar Items A throughVca. " Discussion Action 6A Approval of Minutes Approval of the minutes of the regular Council meeting of October 15, 2002 6B. Approval of Bills. Approval of payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on October 15, 2002 Approval of checks issued for vouchers Date Check Numbers Amount 10/15/02 Wire Transfers 1275-1285 $1,096,544 39 10/15/02 Prepays & 539633- 299,390 06 10/15/02 Regular 540269 2,116,217 67 $3,512,152 12 Council Agenda Item No 6 A-B KEN T Kent Washington WASHINOTON g October 15, 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, Peterson, White, and Yingling. Others present: Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works Director Wickstrom, and Community Development Director Satterstrom. Councilmember Orr was excused. Approximately 30 people were in attendance . (CFN-198 ) CHANGES TO THE AGENDA Woods added Consent Calendar Item 6P . Martin noted that no executive session is required. Bob O' Brien requested the addition of Continued Communications Item 11A (CFN-198) PUBLIC COMMUNICATIONS Kaibara Exchange Students Lily Kato of the Kent Kaibara Sister City Committee noted that more than sixty families have exchanged students over the years, and introduced this year' s students, Akiko Iishi of Kaibara, Japan, and Matthew Evans of Kent . The students then gave brief descriptions of their experiences (CFN-198 ) Introduction of Appointee. Mayor White noted that Rene Huseby is an appointee to the Lodging Tax Advisory Committee (CFN-198) Senior Appreciation Week . Mayor White read a proclama- tion declaring the week of October 13-19, 2002, as Senior Appreciation Week in the City of Kent and urging residents to acknowledge their tremendous contributions to society He explained that Kent takes pride in caring for it ' s seniors and appreciates the work the Senior Center and other organizations do to provide activities and opportunities to benefit the lives of seniors He presented the proclamation to Esther and Earl Gardner (CFN-155) Domestic Violence Awareness Month. Mayor White noted that the impact of domestic violence directly affects individuals, their children, their families , and society as a whole, and that enhanced education, prevention and intervention efforts help to increase public awareness about the severity and extent of the situation. He proclaimed the month of October 2002 as Domestic Violence 1 Kent City Council Minutes October 15, 2002 • PUBLIC COMMUNICATIONS Awareness Month in the City of Kent and encouraged citizens to increase their awareness of this problem and to offer support to the victims. City Attorney Brubaker noted that the City has a family violence unit to fight against domestic violence which is a model for the region, and that they will continue to combat domestic violence in this community. (CFN-198) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through P. Clark seconded and the motion carried. (CFN-198) MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of October 1, 2002 . PUBLIC WORKS (PUBLIC HEARINGS - ITEM 5A) (CFN-164) Six Year Transportation Improvement Plan. Each year the City is required to update the Six Year Transportation Improvement Plan This date has been set for the public hearing to consider the 2003 -2008 plan. Steve Mullen, Transportation Engineering Manager, briefly explained the highlights of the plan, and answered questions from the Council members . The Mayor then opened the public hearing. Mel Roberts, 9421 S . 241st Street, Kent, distributed copies of a letter from the Kent Bicycle Advisory Board, containing their recommendations . WOODS MOVED to make the letter part of the public record Epperly seconded and the motion carried. David Hoffman, 25334 45th Avenue South, resubmitted a set of comments he made on September 4 , 2001 regarding the Transportation Improvement Plan He said his concern is to preserve existing bicycle facilities on the West Hill . WOODS MOVED to make Mr. Hoffman' s letter a part of the public record Peterson seconded and the motion carried. Bob O ' Brien, 1131 Seattle Street, expressed surprise that the railroad separations in the center of the City have been ignored, and suggested bringing one into the downtown area. There were no further comments and WOODS MOVED to 2 Kent City Council Minutes October 15, 2002 PUBLIC WORKS close the public hearing Peterson seconded and the motion carried. CLARK MOVED to pass Resolution No. 1631 which establishes the City' s 2003 -2008 Six Year Transportation Improvement Plan. Woods seconded Clark noted that grade separa- tions are extremely expensive projects and that this is an attempt to manage growth. Wickstrom noted for Yingling that several of the bicycle projects are already under construction. He emphasized that the projects must be prioritized and balanced with the budget, and that the goal is to provide for all modes of transportation He added that outside funding is required for grade separa- tions, since they are so expensive, and that the bicycle issues are being addressed The motion to pass Resolution 1631 then carried. (CONSENT CALENDAR - ITEM 6J) (CFN-171) Transit Service Agreement Between The City and King County. Authorization for the Mayor to sign the amended Transit Service Agreement extending the term of the agreement and changing the renewal period to a calendar year schedule, as recommended by Public Works Committee. (BIDS - ITEM 8A) (CFN-847) Del Webb and Steiner Sanitary Sewer Projects Award. The bid opening for this project was held on September 27 with four bids received The low bid was submitted by Fury Construction Company in the amount of $86 , 828 (plus Washington State Sales Tax) The Engineer' s estimate was $88, 340 . The Public Works Director recommends awarding this contract to Fury Construction Company. CLARK MOVED to award the Del Webb Sanitary Sewer and Steiner Sanitary Sewer Construction Contract to Fury Construction in the bid amount of $86, 828 (plus WSST) . Yingling seconded and the motion carried LID 352 (PUBLIC HEARINGS - ITEM 5B) (CFN-1195) LID 352, South Kent Storm Sewers, Final Assessment Roll . This date has been set for the public hearing on ccn- firmation of the final assessment roll for LID 352 . The City has determined that certain properties are specially 3 Kent City Council Minutes October 15, 2002 LID 352 benefited by the storm drain system and has proposed to proportionately assess these properties in accord with those special benefits . Because the proposed final assessment roll affects specific, individual property owners, the Council sits in a quasi-judicial capacity as a Board of Equalization for this matter. Public Works Director Wickstrom displayed slides showing the location of the area, and explained the project . He noted that the final cost is the same as the preliminary cost, and that the properties are specially benefited. WOODS MOVED to make the information in the agenda packet and the slides Wickstrom showed a part of the public record. Clark seconded and the motion carried. Brubaker then described the quasi-judicial process; there were no disclosures from Council members . Mayor White opened the public hearing There were no comments from the audience and WOODS MOVED to close the public hearing. Peterson seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3623 which approves and confirms the final assessment roll on Local Improvement District 352, South Kent Storm Sewers . Woods seconded and the motion carried. FINAL PLAT (CONSENT CALENDAR - ITEM 60) (CFN-1272) Canterbury Glen Final Plat (aka Locust Lane) FSU-99-2/#2022569 . Approve the final plat submitted by Pacific Industries, Inc for Canterbury Glen The Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary 15-lot residential subdivision, on August 18 , 1999 ZONING CODE AMENDMENT (OTHER BUSINESS - ITEM 7A) (CFN-131) Master Planned Unit Development Zoning Code Amendment ZCA-2002-3 . This proposal amends the Kent City Code to provide flexibility in determining the nature of modifi- cations of master planned unit developments when associated with a planned action ordinance and develop- ment agreement . Following a September 23rd hearing, the Land Use and Planning Board recommended approval of this amendment . 4 Kent City Council Minutes October 15, 2002 ZONING CODE AMENDMENT Charlene Anderson, Planning Manager, said the proposed ordinance recognizes within the Commercial Office and Manufacturing zoning districts the uniqueness of projects that fall under a development agreement and planned action ordinance, which has been reviewed and evaluated under an environmental impact statement . She said with such a unique project, the ordinance allows administra- tive determination of whether a proposed amendment to an approved master plan is minor or major in nature, and thus what the process for review of that proposed amendment will be . Martin stated that one of the reasons that the Kent Station project has moved along so quickly is because processes like these were utilized by the Planning and Community Development Department . WOODS MOVED to approve the Land Use and Planning Board recommendation and adopt Ordinance No 3624 if approved Clark seconded and the motion carried FIRE (CONSENT CALENDAR - ITEM 6N) (CFN-122) Interlocal Agreement to Provide Fire Prevention Service to the City of Covington Authorization for the Mayor to execute an interlocal agreement with the City of Covington to provide fire code safety inspections and plan reviews to the City of Covington for a fee Covington has adopted a series of safety codes, including the Uniform Fire Code ("UFC" ) , UFC Appendices and UFC Standards which regulate the building, maintenance, and use of structures Kent ' s Fire Department maintains a fire prevention division that regularly conducts fire code safety inspections and plan reviews Covington desires to utilize the resources of Kent to assist Covington in conducting fire code safety inspections and plan reviews . Covington will compensate Kent for conducting such safety inspections and plan reviews . POLICE (CONSENT CALENDAR - ITEM 6D) (CFN-122) Police Software System Contract. Authorization for the Mayor to sign a contract with Tiburon, Inc for the 5 Kent City Council Minutes October 15, 2002 POLICE purchase of a police records management system and services, subject to the Information Technology Director' s approval and the City Attorney' s approval of contract documents . Key benefits provided by the new system include : A vendor with a large install base and commitment to public safety software; sharing common information between application subsystems; passing information from one subsystem to the other for report completion and data entry; a field reporting application that allows reports to be imported into the primary records management system without additional data entry; and tools to enhance the city' s ability to participate in information sharing activities with other agencies . (CONSENT CALENDAR - ITEM 6I) (CFN-122) Bureau of Justice Administration Ballistic Vest Grant. Accept Bureau of Justice Administration ( "BJA" ) Ballistic Vest Grant Funding, and establish budget documents . The Kent Police Department has received notification from BJA that the grant application has been approved for funding The grant authorizes 50% reimbursement for the costs of ballistic vests during the period of October 1, 2004 through September 30, 2006, for a total of $32 , 102 . 11 PARKS, RECREATION & COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6H) (CFN-493) Consolidated Plan for Housing and Community Development. Authorization for the Mayor to sign the certifications and forward the 2003-2007 Housing and Human Services Consolidated Plan to the U S Department of Housing and Urban Development for funding, as recommended by the Parks, Recreation and Community Services Director. (CONSENT CALENDAR - ITEM 6K) (CFN-493) 2003 Community Development Block Grant Funding Allocations . Approval of the Proposed 2003 Community Development Block Grant Program Funding Allocations including the contingency plan, and authorization for the Mayor to execute the appropriate contracts, as recom- mended by the Parks, Recreation and Community Services Director. 6 Kent City Council Minutes October 15, 2002 PARKS, RECREATION & COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6L) (CFN-118) Parks Fee-In-Lieu of Funds Transfer. Accept the fee-in- lieu of funds totaling $7 , 125 . 00 and amend the 132nd Avenue Neighborhood Park budget, as recommended by the Parks, Recreation and Community Services Director. LODGING TAX ADVISORY BOARD (CONSENT CALENDAR - ITEM 6C) (CFN-1170) Lodging Tax Advisory Board Member. Confirmation of Renee Huseby, Director of Sales, Marriott Town Place Suites, as a member of the Lodging Tax Advisory Board. FINANCE (CONSENT CALENDAR - ITEM 6E) (CFN-186) 2003 Budget, Second Public Hearing. Set November 19, 2002 , as the second public hearing on the 2003 budget (CONSENT CALENDAR - ITEM 6F) (CFN-775) Capital Improvement Plan, Second Public Hearing. Set November 19, 2002 , as the second public hearing for the 2003 -2008 Capital Improvement Plan. (CONSENT CALENDAR - ITEM 6G) (CFN-104) 2002 Tax Levy for 2003 Budget. Set November 19, 2002 as the public hearing date for the 2002 tax levy for the 2003 budget . (CONSENT CALENDAR - ITEM 6M) (CFN-136) Interlocal Purchasing Agreement between Cities of Kent and Bellingham. Authorization for the Mayor to sign an intergovernmental purchasing agreement between Kent and Bellingham in order to benefit both cities in various areas of purchasing, as recommended by the Operations Committee at their October 1, 2002 meeting (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 1, 2002 7 Kent City Council Minutes October 15, 2002 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 9/30/02 Wire Transfers 1266-1274 $1, 024 , 771 . 55 9/30/02 Prepays & 539025 1, 971, 007 . 32 9/30/02 Regular 539632 2 , 155, 645 . 83 $5, 151, 424 . 70 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2002 - Date Check Numbers Amount 9/20/02 Checks 263249-263544 $ 250, 042 . 29 9/20/02 Advices 134769-135466 1 , 1B2 , 822 80 $1 , 432 , 865 . 09 Approval of checks issued for payroll for September 16 through September 30 and paid on October 4 , 2002 : Date Check Numbers Amount 10/4/02 Checks 263545-263860 $ 248 , 697 . 99 10/4/02 Advices 135467-136217 1, 117, 425 . 36 $1, 366, 123 . 35 COUNCIL (CONSENT CALENDAR - ITEM 6P) (CFN-198) (ADDED) Council Absence . Approval of an excused absence from tonight ' s meeting for Council Member Orr who is unable to attend. (OTHER BUSINESS - ITEM 7B) (CFN-198&171) Referendum 51. Engrossed Substitute Senate Bill 6347 , the transportation budget and investment package passed by the legislature and placed on the November 2002 General election ballot in the form of Referendum 51 (R-51) , includes funding for SR-509 , the 228th freight corridor, I-5 HOV lane completion in South King County, the I-5/272nd interchange, the 405/167 interchange, and SR-167 R-51 also includes programmatic funding for. a) cities and counties to receive a local share of new gas tax revenue; b) the Transportation Improvement Board, and c) the Freight Mobility Strategic Investment Board, 8 Kent City Council Minutes October 15, 2002 COUNCIL as well as funding for the state ' s role in assisting regional transit . The R-51 package seeks to provide efficiencies, reforms and accountability measures, in an effort to respond to the public ' s legitimate concern that taxpayer money should be wisely spent, tracked, and responsibility measured over time for results . Discussion of whether Council should support R-51 occurred at the Council workshop of October 1 , 2002 Wickstrom explained the transportation package and fund- ing, and noted that it is good for the community He explained aspects of Kent which attract or retain business, and constraints to business growth. He outlined which projects would be funded and how traffic would be affected, and urged the Council to endorse Referendum 51 CLARK MOVED to adopt Resolution No 1632 in support of Referendum 51 Woods seconded. Upon White ' s question, Wickstrom explained which projects would be completely funded if R-51 passes . Clark noted that this referendum is not a cure for everything, and that the state legis- lature is facing a potential $2 , 000 , 000 , 000 shortfall in the current operating budget and won ' t be able to deal with the congestion problem. Yingling stated that this will cost the average taxpayer approximately $50 a year, and will provide the 509 project , the intersections for 228th, the I-I67 HOV lanes , and the I-405/I-167 inter- change . He said that this is a bargain, and it is needed for Kent and the entire Puget Sound area. Woods commented that people today want more service and less taxes, and because of that, things won ' t function well at some point . She said this referendum is a beginning and would make a great deal of difference for citizens Peterson noted that taxes and expenses are going up, but that this would help businesses move people and products She said this is an opportunity to start doing something about traffic . White noted that he has spoken to voters and found that most are against this measure He said they are willing to pay but fearful that the work would not get done . Yingling opined that citizens count on the City Council to study the issues in detail and make a decision which is correct for the community. Clark noted 9 Kent City Council Minutes October 15, 2002 COUNCIL that incremental steps must be taken. Epperly said she is undecided on the issue and therefore would not endorse R-51 . Peterson noted that many taxes will increase on January 1st, which will greatly impact businesses, and that the fact that if they can' t do business because they can no longer afford the expenses should be considered. White noted that citizens have told him that endorsement by the Council furthers their resolve Peterson said it is important to endorse this referendum because the legislature didn' t get it done, and the buck needs to stop somewhere. Mel Roberts, 9421 S . 241st St . , said he would like to see the traffic problems fixed, especially on I-405 , but does not want to eliminate the ability to have bicycle facili- ties . Ted Kogita, 25227 Reith Road, disagreed that the yearly cost would be $50, and said that figure is very low. Tom Hale, 23327 115th Place SE, said that although he has issues with the referendum, something needs to be done. He expressed support for the resolution and for the work currently being done on bicycle facilities There were no further comments and Clark' s motion to adopt the resolution carried 4-2 , with Epperly and White opposed. REPORTS Council President. Woods noted that the opening of the 277th extension will be on November 8th, and that it is being handled by the City of Auburn. (CFN-198) Public Works . Clark noted that the next meeting will be held at 5 : 00 p.m. on October 21st (CFN-198) GOLF COURSE (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-118) Golf Course. Bob O'Brien, 1131 Seattle Street , outlined the times he unsuccessfully attempted to meet with City staff regarding golf course documents . He also referred to complimentary rounds of golf, and employees contract- ing to perform services . Martin reiterated that the City has recently received a clean audit which focused on the . golf course, and that the City has been responsive to 10 Kent City Council Minutes October 15, 2002 GOLF COURSE O ' Brien' s requests . Yingling suggested that citizens go to the top with questions . Mayor White agreed that questions should go to him or to Mr Martin. ADJOURNMENT At 9 : 00 p.m. , WOODS MOVED to adjourn. Peterson seconded and the motion carried (CFN-198) Brenda Jacobe CMC City Clerk • 11 Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: MAINTENANCE CONTRACT FOR HP MINICOMPUTERS — APPROVE 2 SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with InnerVu Corporation for the purchase of services for Minicomputer Hardware and System Software Maintenance subject to Information Technology Director's approval and City Attorney approval of contract documents. The City of Kent utilizes three Hewlett-Packard minicomputers for Police, Corrections, Payroll, Utility Billing, and G.I.S systems. Because of changes in the industry related to Hewlett-Packard minicomputers, it was decided to test the market to see what superior price/service levels might emerge. Information Technology found a substantial cost savings without loss of quality in maintenance support for our Hewlett- Packard minicomputers and recommends moving these maintenance contracts to InnerVu Corporation. 3 EXHIBITS: Operations Committee memo 4 RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S34,777.80 Annually SOURCE OF FUNDS: Information Technology Operating Budget 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No 6C INFORMATION TECHNOLOGY DEPARTMENT Marty Mulholland,Director Phone 253-856-4600 Fax 253-8564700 \447K E N T Address 220 Fourth Avenue S WA5NINOTON Kent,WA 98032-5895 1 DATE. October 8, 2002 TO Council Operations Committee THROUGH. Jim White,Mayor FROM. Bob Olson, Client Services Manager 4" Y_a4-vi CC Marty Mulholland, I T Director RE: New Maintenance Contract for HP Minicomputers Background: The City of Kent utilizes three Hewlett-Packard minicomputers for Police, Corrections, Payroll, Utility Billing, and G I.S systems Two of the machines are HP-3000s, one is a HP-9000 Two of the three minicomputers have been on maintenance contracts with HP for many years The third minicomputer has been on a maintenance contract with a company called hmverVu for the past several years. Total annual maintenance cost for these three computers is approximately $77,000, Hewlett-Packard has announced an end-of-life for the HP-3000 computing platform This announcement may contribute to new markets for HP-3000 maintenance. Although the services and price levels have been generally acceptable over the past several years,we decided to test the market to see if alternative vendors with superior price/service levels might have emerged. Process: We prepared a Request For Proposals for Minicomputer Hardware and System Software and released it on August 28, 2002 We received four responses on September 11, 2002 Responses were received from Hewlett Packard, InnerVu, DecisionOne, and StorageTek. The responses were evaluated based on cost, experience, staffing levels, and reference checks Staff is recommending that we utilize the services of hmerVu company InnerVu company provides us with lower costs than we are paying today,but also has sufficient resources and quality references Memorandum. October 7,2002 Page 2 Cost: Total cost for services of the three mmicomputers will be approximately $35,000.00 annually. This item is part of the operating budget for the I.T. department. This contract will be renewed annually. The City has the option to discontinue coverage for any piece of equipment with three months' notice. Attachments: • Request For Proposal • Proposal submitted by InnerVu Corporation • Contract for services with InnerVu Corporation Motion: I move that Council authorize the Mayor to sign a contract with hmerVu Corporation for maintenance of Hewlett-Packard minicomputers, subject to City Attorney approval of contract documents. HP On-Site Services Agreement Customer Bill To: Customer Eauioment Location: Customer Name Customer Name Street Street P 0 Box PO Box City/State/Zip City/State/Zip Telephone Primary Contact Telephone Contact Person Secondary Contact Telephone InnerVu Corporation("InneVu")will,on the terms and conditions stated on the reverse side of the Agreement,provide software support and mamtaut the equipment specified by Customer and agreed to by InnerVu,as listed below or in such other equipment schedules mutually agreed ("Equipment") RESPONSE: Hardware ❑HW 1 M-F 8am to 5pm,Next Day ❑HW2 M-F 8am to 9 pm,4hr X HW3 24x7,4hr ❑Other Bilhnp Frequency in advance: Terms: ❑Monthly ❑Annually ❑one-year ❑2-year Start Date: ❑3-year ❑Other Hardware Support Customer acknowledges and agrees to the Terms and Conditions set forth in this Agreement Customer InnerVu Corporation Print or Type Name Title Pant or Type Name Title Signature Date Signature Date InnerVu Corporation HP On-Site Services Agreement 10/04/02 how 10 MAINTENANCE adequate working conditions for InnerVu's maintenance personnel, including space,heat,light, 1 1 For On-site Service,InnerVu Corporation ventilation,electric current and outlets, and local ("InnerVu")will provide maintenance services to telephone extensions Customer Monday through Friday,excluding holidays, S am to 5 am"Customers"local time,unless otherwise 2 2 Customer is solely responsible for(1)providing stated in InnerVu's then-current published policies or back-up equipment and services upon a failure of the specified in the applicable Equipment Schedule or Equipment,(n)safeguarding all programs data and invoice The response will be as specified on the removable storage media before InnerVu maintenance Equipment Schedule InnerVu's standard maintenance service begins, and(in)providing all software support charges include labor during coverage hours and spare for the maintenance services performed by InnerVu, parts,except as provided in Para 14,but does not including reloading programs and data after the include supplies or other consumable items Standard completion of InnerVu maintenance services,system maintenance service calls are not limited in number recovery, disk initialization,and proper application and Replaced parts become the property of InnerVu recovery routines and procedures Customer acknowledges that InnerVu's standard maintenance 12 At the time of repair or exchange,InnerVu will charges do not include the costs or risks associated with provide engineering changes required to keep those activities Equipment compatible with manufacturer's specified software revision level 2 3 Customer is responsible for a „r,,,g that Equipment is in normal operating condition at the 13 Maintenance due to the following causes is subject beginning of the maintenance period Customer agrees to additional charges unless otherwise agreed to by to allow InnerVu to conduct an on-site inspection of the, InnerVu in writing Customer's or any third party's Equipment to confirm that it is in normal operating negligence,misuse or abuse, including failure to condition and to inventory the configuration and to operate the Equipment in accordance with the obtain component serial numbers Any service manufacturer's specifications,movement, necessary to return Equipment to normal operating transportation, or re-configuration of the Equipment not condition is the responsibility of the Customer Furth in accordance with the manufacturer's specification, the customer agrees to have an Un-interrupted Power maintenance or repair of the Equipment by any other Supply(UPS)system that will allow the automatic or parry other than InnerVu,failure of Equipment manual orderly shutdown of the Computing Processing including fire,water,failure or fluctuation of electrical Unit(CPU) power,inadequate cooling,acts of God,and damage ordinarily covered by Insurance InnerVu may at its 2 4 Customer is responsible for returning to InnerVu discretion charge for service calls for Equipment in within ten(10)days of the end of the Agreement any good operating condition including,but not limited to, parts consigned by InnerVu to the Customer Customer non-Equipment related failures and service calls placed shall confirm to InnerVu when requested,an inventory when there has been no failure of any parts consigned to the Customer. 14 Unless agreed in writing,InnerVu shall not assume 2.5 If Customer's Schedule references a special the Equipment warranty obligations of any discount based,for example,on a volume or a multi- manufacturer. year commitment, and Customer fails for any reason to meet that commitment,InnerVu reserves the tight to 15 Unless agreed to in writing,consistent with Section bill-back the full amount of any such discount 3 of this Agreement,InnerVu shall not assume the Software warranty obligations of any manufacturer or 3 0 SOFTWARE SUPPORT(if applicable) maintain software of any kind pursuant to this Agreement,except to provide telephone assistance on 3 1 Customer must have a legal software license,media the routine use and operation of the Operating System and updates from manufacturer(HP#H5352A) 2 0 CUSTOMER'S RESPONSIBILITIES 3 2 Account Management Support(AMS)service is governed by the following terms and conditions 2 1 Customer will maintain the site for the Equipment in accordance with the manufacturer's then current A Telephone Assistance.The CUSTOMER specifications Customer must also provide safe and request assistance in software problem solving InnerVu Corporation HP On-Site Services Agreement ialo"2 Irow via telephone or digital pager on a 24 hour, such failure continues for a period of thirty(30)days seven(7)day basis after written nonce thereof,the other party shall have B Remote Dial-m Support With CUSTOMER the right to terminate this Agreement by delivery of authorization,remote diagnostic procedures written nonce at least thirty(30)days before the end of may be implemented to solve problems in a such term timely fashion C Software Update Installation Assistance 4 3 Coverage for Equipment added to this Agreement Assistance in performing software update after the Commencement Date shall commence at the installations will be performed at the expiration of the products'warranty period or other CUSTOMER'S convenience on a 24 hour, date specked in the invoice,and shall terminate at the seven day basis,provided that the termination of this Agreement CUSTOMER has received the update media directly from Hewlett-Packard under a current 5 0 CHARGES or past Software Materials Subscription agreement 5 IhmerVu will charge the Customer for other services at its then-current time and materials rates InnerVu will 3 3 Any service not specifically included in this provide its then-current service and time and material Agreement is hereby excluded Some excluded rates and policies to Customer upon request Customer services are,but not limited to,tactical planning, is responsible for any applicable taxes on these charges design,programming and implementation, Failure to pay any invoice in accordance with its terms will entitle InnerVu to the late payment fees or interest, 3 4 Charges for services performed outside of this or both,stated on the invoice, and to collection costs Agreement will be invoiced as separate invoice line Any tax InnerVu may be required to collect or pay items or on a separate invoice at a rate agreed upon the based upon the sale,use or licensing or delivery of the prior performance of said services All charges are Products shall be paid by Company to InnerVu upon exclusive of state and local taxes invoice 3 5 Charges for Services covered in this Agreement 5 2 InnerVu may at its sole option terminate or shall be invoiced annually in advance Unless temporarily suspend all of its responsibihnes stated in otherwise stated in writing,all charges invoiced under this Agreement in the event Customer is delinquent in this Agreement shall be paid within thirty(30)days the payment of any invoice from InnerVu for a period from the date of the invoice InnerVu reserves the right in excess of thirty(30)days to withhold its Services without liability,or alter the credit terms described herein,if the CUSTOMER is 5 3 The Customer is responsible for all shipping and delinquent in payment for any Services insurance charges incurred in sending parts to and from InnerVu The Annual AMS Service Charge for 60 GENERAL System/Customer#1 6 1This Agreement states all rights and responsibilities 4 0 TERM of,and supersedes all prior oral and written communications between InnerVu and Customer 4 1This Agreement shall be effective on the date concerning maintenance of the Equipment The terms specified on the front side or invoice,provided it has of this Agreement will prevail over any contrary been signed by an authorized Customer representative provision of any purchase order or other and accepted by InnerVu correspondence used by Customer in connection with this Agreement. Customer and InnerVu may amend 4,2 The initial terns of this Agreement is a minimum of this Agreement only by a signed document that twelve months unless specified otherwise on the front expressly refers to this Agreement side or the Customer Purchase Order The Agreement will be automatically renewed for annual penods unless 6 2 Neither party will be in default or responsible for terminated by either party after the initial term or after delays or failures in performance resulting from causes subsequent renewal terms,by delivery of written nonce beyond that parry's reasonable control at least 60 days before the end of such term. If either party fails to perform its obligations under this 6 3 InnerVu's liability to Customer resulting from Agreement, or during any subsequent renewal term,and maintenance service is limited to restoring the InnerVu Corporation HP On-Site Services Agreement 10/04/02 1OVa Equipment to good operating condition If unable to award punitive damages to either party Except with restore the Equipment,InnerVu may at its,sole option respect to claims alleging underpayment or elect to replace the Equipment InnerVu DISCLAIMS overpayment of charges due under this Agreement, ALL WARRANTIES,INCLUDING ANY IMPLIED failure to file a notice of arbitration within 6 months WARRANTIES OF MERCHANTABILITY OR after the occurrences supporting a claim constitutes an FITNESS FOR A PARTICULAR PURPOSE AND irrevocable waiver of that claim Washington State law ANY WARRANTIES ARISING FROM A COURSE governs the interpretation and enforcement of this OF PERFORMANCE,A COURSE OF DEALING,OR Agreement. TRADE USUAGE InnerVu DOES NOT WARRANT THAT THE OPERATION OF THE EQUIPMENT IT 6.6 If any term or provision of this Agreement shall be MAINTAINS WILL BE UNINTERRUPTED OR found by a court of competent jurisdiction to be illegal ERROR FREE OR THAT InnerVu WILL CORRECT or otherwise unenforceable,the same shall not ALL MALFUNCTIONS InnerVu's SOLE invalidate the whole of this Agreement,but such term OBLIGATION UNDER ANY WARRANTY IS or provision shall be deemed modified to the extent LIMITED TO SUCH MAINTENANCE, necessary in the court's opinion to render such term or REPLACEMENT,OR REFUND. provision enforceable, and the tights and obligations of the parties shall be construed and enforced accordingly, 6 4 InnerVu shall not be liable for any expense or preserving to the fullest permissible extent the intent damage incurred by Customer,whether internal to and agreements of the parties herem set forth The Customer or paid by Customer to any third party,from waiver of any right or election of any remedy in one a failure of the Equipment to function or due to any instance shall not affect any rights or remedied in malfunction of the Equipment upon whatever cause of another instance A waiver shall be effective only if action any clarm is based.Recovery for any claim shall made in writing and signed by an authorized not exceed an amount equal to customer's unexpired representative of both parties. contract term IN NO EVENT SHALL InnerVu BE LIABLE TO CUSTOMER FOR INCIDENTAL, 6 7 Neither party shall have the tight to assign this CONSEQUENTIAL, OR SPECIAL DAMAGES OF Agreement or delegate performance of any of its ANY KIND OR FOR ANY DAMAGES RESULTING obligations under this Agreement to a thud party e FROM THE PEItFORMANACE OF THE to one or more of its subsidiaries or af£hates win EQUIPMENT,A TEMPORARY OR PERMANENT prior written consent of the other which will not e LOSS OF USE OF THE EQUIPMENT,A LOSS OF unreasonably withheld PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER IN AN 6.8 The paragraph headings of this Agreement are for ACTION OF CONTRACT,TORT(INCLUDING convenience only and are in no way intended to affect NEGLIGENCE),OR OTHERWISE. THE the meaning or interpretation of any provisions of this REMEDIES PROVIDED FOR OR REFERENCED IN Agreement. THIS AGREEMENT ARE EXCLUSIVE, CUSTOMER AND InnerVu WAIVE ALL OTHER 6 9 The Agreement constitutes the entire understanding LEGAL AND EQUITABLE REMEDIES between the parties The terms and conditions of tlus Agreement shall prevail in the event that there is any 6 5 Customer and InnerVu shall settle by arbitration variance between said terms and conditions or any other any controversy or claim,including any claim of writing between the parties for the installation, misrepresentation,arising out of or related to this discontinuance, maintenance, or repair of the Agreement or any contract entered into between equipment No representative of rehances have been InnerVu and Customer,or any equipment or service made or relied upon in the making of this Agreement InnerVu furnished to Customer A single arbitrator other than as specified herem. shall conduct the arbitration under the then-current rules of the American Arbitration Association Customer and InnerVu shall select the arbitrator from a panel of persons knowledgeable in business information and data processing systems. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof The arbitration shall be held and the award shall be deemed to be made in Seattle, Washington The arbitrator shall not be empowered to InnerVu Cowmbon HP On-8de Services Agmement 10/04/02 lr�Va Entire Agreement and Order of Precedence This agreement, InnerVu's Response to the Customer's RFP, and InnerVir's response to the RFP's "Appendix B — Terms and Conditions" constitute the entire agreement between the parties. The written provisions and terms of these three documents, together with any attached Exhibits, shall supersede all prior verbal statements of any employee, officer, agent or other representative of the parties, and 'those statements shall not be effective or be construed as entering into or fomung a part of or altering in any manner the entire agreement. In the event of a dispute or conflict among the terms and conditions of these three agreements, the controlling order of precedence to reconcile the dispute or conflict will be (1) InnerVu's response to the RFP's "Appendix B — Terms and Conditions," (2) InnerVu's September 11, 2002 Response to RFP, and (3) hmerVu's "HP On-site Services Agreement, with the document listed . with the lower number taking precedence over the documents listed with higher numbers lnnerVu Corporation HP On-Site Services Agreement iaoaroz KENT i W"•„IMO�O• INFORMATION TECHNOLOGY Request for Proposal NOTICE IS HERESY GIVEN that the City of Kent, Washington, will receive sealed proposals at the Office of the City Clerk through Wednesday September 11,2002 to 5.00PM, as shown on the City Clerk clock on the first floor of City Hall Proposals will be clearly marked"Minicomputer Hardware and System Software Maintenance"on the outside of the envelope, addressed to the City Clerk,220 4"'Avenue S., Kent,WA 98032 No facsimiles will be considered. The City is seeking proposals for hardware and system software maintenance for their HP 3000 and HP 9000 minicomputers Specifications can be obtained by contacting the City of Kent Information Technology Department at 253-856-4600, or by download via the City's web site at www.ci kent wa us/procurement. Proposals must be submitted in the format of the Specifications Document. No plea of mistake in the proposal shall be available to the vendor as a defense to any action based upon the neglect or refusal to execute a contract No vendor may withdraw his/her proposal for a period of 120 days after the date the proposal is due. The City of Kent reserves the right to reject any and all proposals, or waive any informalities in the process The City of Kent will award this contract to the lowest and best responsible vendor, based on that vendor's proposal, and shall be the sole judge thereof Dated this 2e day of August, 2002 Re Ad above Published in the South County Journal on August 29P and September 5"', 2002 Daily Journal of Commerce on August 29`"and September 5", 2002 /' 0 �� KENT W Al MIMOTON CITY OF KENT Request for Proposal For Minicomputer Hardware and System Software Maintenance Issued: August 28, 2002 Date Due: September 11, 2002 Time Due: 5:00 P.M., Pacific Standard Time Address Responses To: City Clerk Minicomputer Hardware and System Software Maintenance RFP City of Kent 220 4"Ave S Kent, WA. 98032 City of Kent, Washington Minicomputer Hardware and System Software Maintenance Introduction. ............................................................................................................................................ 2 1.1. Background........................_..._..............._..............................................................................................................2 1.2. Ob i ectrves..............................................................................._......................................................_..........__..............2 13. Scope of Work..............._.......................................................................__............._...........................................2 2. Procurement Process................................................................................................................................4 2_1. Procurement Schedule...............................................................................................................................................4 2 2. Proposal Date,Time.Location......................................................................._......................................._.._.............4 23. Communications with the Cjty of Ken l.........................................................................__.......................................4 24. Vendor Clarifications and Ouestions......................_............................._.............................................._.................5 2_5. Summary of RFP Process...........................................................................................................................................5 2_6. Proposal Process....................................................................................................................................._...._.._.........6 3. Vendor Instructions.................................................................................................................................. 8 3 1. Pr000sal Format.........................................................................................................................................................9 Procurement Process 1 City of Sent, Washington Minicomputer Hardware and System Software Maintenance 1. Introduction The City of Kent, hereinafter referred to as the "City", is seeking proposals for hardware and system softwo maintenance for the City's HP3000 and HP9000 minicomputers. The purpose of this Request for Proposal(RFP)is to select up to two vendor(s) to provide hardware support and system software support for the City's HP3000 and HP9000 minicomputers. This document details the information on which the City will base its selection. The topics covered in this section include: ♦ Background ♦ Objectives ♦ Scope of Work The information in this section is intended to provide a City overview and convey this project's priorities to the vendor. I.I. Background The City has one (1) HP3000 series 958, one (1) HP3000 969/200, and one (1) HP9000 K570 minicomputers Both HP3000s are on MPE operating system version 5.5 with power patch 6, and the HP9000 is on HP-UX version 110. The major applications on the HP3000 958 are Utility Billing, Special Assessments, and Payroll, and the in application on the HP3000 969/200 is the Police Records Management System and Jail Management Systs The HP9000 K570 serves as an Application Server, License Manager and has a G.I.S. mapping database. Currently we have a blend of HP Support and outsource support. 1.2. Objectives The City's objective is to contract with a company that can provide hardware and system software maintenance for our HP3000/958,HP3000/969-200, and HP9000/K570 minicomputers, The contract shall bean annual contract with the provision to amend and renew on a yearly basis with the ability to discontinue maintenance coverage with 90 da 1.3. Scope of Work The scope of work of the Hardware and System Software Maintenance is to. •Perform hardware repair and replacement on site at the customer's location •Provide Call Center support for after hours hardware or system software problems •Provide a preventative maintenance schedule *Provide all major and minor upgrades and patches to all system software via U S. Postal Service Priority r or via email Procurement Process 2 City of%n4 Washington Minicomputer Hardware and System Software Maintenance •The City will consider vendors who are able to support HP9000s and/or HP3000s. �""•The City's intent is to sign annual agreements with quarterly billing and the ability to cancel coverage for any individual piece of hardware with 90 days notice. Procurement Process 3 City of%n4 Washington Minicomputer Hardware and System Software Maintenance 2. Procurement Process This section provides information regarding the City's procurement process for this RFP. 2.1. Procurement Schedule Table 8, summarizes the procurement process milestones. Table 8 Schedule of Contract Events Milestone Scheduled Date Release RFP August 28, 2002 Proposals Due September 11,2002 City Announces Apparently Successful Vendor September 23, 2002 Operations Committee October 1, 2002 City Council October 14, 2002 Contract Signed October 15, 2002 The City reserves the right to modify the schedule as circumstances may warrant 2.2. Proposal Date, Time,Location See Vendor Response Section for proposal format Proposals must be received at the City address listed below no later than September 11, 2002 5.00 PM Pacific Standard Time Vendors are solely responsible for ensuring that proposals are delivered on time. Delays caused by any delivery service, including the US Postal Service, will not necessarily be grounds for a waiver of the deadline requirement Proposals submitted after the deadline may be rejected. Electronic proposal copies, such as fax or E-mail, will not be accepted. All Proposals must be delivered to. City Clerk's Office Minicomputer Hardware and System Software Maintenance RFP City Of Kent 220 4th Avenue South Kent,WA 98032 2.3. Communications with the City of Kent ' All communications regarding this RFP from vendors and other sources must be directed as follows: Bob Olson City of Kent Information Technology 220 4th Avenue South Kent, WA 98032 Phone. (253) 856-4621 Procurement Process 4 City of Kent, Washington Minicomputer Hardware and System Software Maintenance Fax. (253) 856-4700 Email: bolson@ci.kent wa.us 2.4. Vendor Clarifications and Ouestions Specific vendor questions concerning the RFP must be submitted in writing (may be faxed or sent via e-mail) However, questions must be received by 3:00 P M Pacific Standard Time, September 5, 2002. Copies of questions relevant to the RFP process, together with the City's response will be distributed to all participating vendors Vendors who seek information, clarification, or interpretations from City employees without using this written submission process are advised that such material is used at the vendor's own risk and the City shall not be bound by any such representations, whether oral or written. 2.4.1. Clarifications The City reserves the right to obtain clarification of any point in a vendor's proposal or to obtain additional information necessary to properly evaluate a proposal Failure of a vendor to respond to such a request for additional information or clarification may result in rejection of the vendor's proposal. The City's retention of this right shall in no way reduce the responsibility of vendors to submit complete, accurate, and clear proposals. 2.4.2. Vendor Contact the proposal must include the name of the specific individual who will act as the primary vendor contact during proposal evaluation. The proposal must identify the contact's organization, position in the organization, address, telephone number, fax number, and e-mail address 2.5. Summary of RFP Process The outline given below describes the City's procurement process after RFP release 2.5.1. RFP Changes or Amendments Any RFP revisions will be issued in the form of an addendum and will be distributed to all vendors prior to the proposal due date 2.5.2. Vendor Submits Proposal Reference vendor instructions in Section 3.0 of this document for the required vendor response format and content. 2.5.3. City Evaluates Proposals e vendor responses will be evaluated based on their proposal's merits as described in Section 3 0. The City's aluation team will determine which vendor solution can best serve the City's goals and environment. The evaluation will focus on the following aspects: Procurement Process 5 City of%nt. Washington Minicomputer Hardware and System Software Maintenance ♦ Vendor Qualifications ♦ Costs • • References 2.5.4. Finalize Contract This selection phase will be used to finalize the contract terms and conditions. See Appendix B for mandatory contract terms and conditions If the City and the selected vendor are unable to agree on terms and conditions at this point, the City may exercise its right to negotiate with other vendors. The City reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations. 2.6. Proposal Process This section outlines the responsibilities of both the City and vendor in the creation and disposition of materials contained in the vendor's proposal. 2.6.1. Reference Checks The City may conduct reference checks on competing vendors throughout the procurement process. The City may also contact any person or organization for information regarding a vendor regardless of the references provided by the vendor. 2.6.2. Costs Incurred by Vendors The City shall not be liable for any costs incurred by a prospective vendor for preparing or submitting a proposal to the City or for any subsequent meetings required by the City. Proposals should be prepared simply and economically, providing a straightforward, concise description of vendor capabilities to satisfy the proposal requirements. 2.6.3. Right of Selection or Refection of Proposals The City, at its sole option, may select or reject any or all proposals for any reason, may waive any informality in the proposals received, and may waive minor deviations from the specifications and shall be the sole judge thereof. Selection of a vendor shall not be construed as a contract award The City may award a contract on the basis of information in addition to that received in a proposal. Therefore, it is emphasized that all proposals should be complete and submitted with the most favorable financial terms 2.6.4. Incorporation of RFP and Proposal in the Final agreement This RFP and the vendor's proposal, including, without limitation, all prorruses, warranties, commitments, demonstrations and representations made during the proposal selection process, shall be binding and incorporated by reference into the City's contract with the vendor 0 Procurement Process 6 City of Kent, Washington Minicomputer Hardware and System Software Maintenance 0.5. Errors in ProRosals Vendors are responsible for all errors or omissions in their proposals and any such errors or omissions will not serve to diminish their obligations to the City. Vendors will not be allowed to alter proposal documents once proposals have been submitted. The City reserves the right to allow corrections or amendments due to errors identified in the proposals by either the vendor or the City The City may waive minor administrative irregularities contained within the proposal documents 2.6.6. Period of Validity of Proposals The vendor must certify that its proposal will remain in effect for 120 days after the vendor selection. The City may request an extension beyond the 120 days. 2.6.7. Proposal Disposition All materials submitted in response to this RFP shall become the City's property. Procurement Process 7 City of Kent, Washington Mintcomputer Hardware and System Software Maintenance 3. Vendor Instructions This section provides the format and description of the information required for a vendor's response to considered by the City. Proposals are due by the date, time and location described in Section 2.2 of this document. 3.1. Proposal Format The vendor's proposal shall be submitted in the format outlined in this section. Failure to comply with the specified format may result in the City's rejection of vendor proposal The City reserves the right to reject all proposals Other subject headings may be added, as the vendor believes necessary. The City reserves the right to require additional information or materials after the proposals are submitted. Vendors must respond to all requirements stated in this RFP and all of the appendices for the solution(s) they are offering, whether the vendor is proposing a complete solution or a partial solution The proposal must be signed by an officer authorized to negotiate for and contractually bind the vendor. The vendor must demonstrate this authority by completing the Vendor Authorization located in Appendix A The following is an outline of the proposal contents. Guidelines for completion of each section are included below I. Cover Letter The purpose of the cover letter is to identify the vendor(s) and provide a summary of tv proposal. II. Vendor Response Forms—Appendix A a) Vendor Authorization The vendor authorization must certify that this is the vendor's response to the City's RFP and identify both a vendor contact point for the vendor and the person authorized to negotiate for and contractually bind the vendor. A format is provided in Appendix A. b) Vendor Questionnaire The vendor must complete the vendor questionnaire provided in Appendix A. c) Vendor Cost Proposal The vendor must complete the vendor cost proposal coverage penods and future costs provided in Appendix A Cost proposal shall be valid for a period of 120 days. d) Customer References The vendor must provide at least three (3) references of comparable customers. A forma provided in Appendix A. Vendor Instructions 8 City of Kent, Washington Minicomputer Hardware and System Software Maintenance e) Subcontractor Identification The vendor must provide information for each subcontractor included in the proposal A format is provided in Appendix A. f) Equal Employment Opportunity Declaration The vendor must certify that they comply with the City's Minority and Women Contractors Policy. A copy of the City's Administrative Policy and a declaration are included in Appendix A for the vendor to review, sign, and return with their proposal g) Proposal Price Guarantee The vendor must provide a written guarantee to maintain the proposed annual cost summary for 120 calendar days beyond completion of the vendor selection h) Additional Materials Submitted by Vendor Attach any other information or materials that would be pertinent to the City's proposal. III. Acceptance of Terms An authorized vendor representative must submit a statement demonstrating the vendor's acceptance of all parts of the RFP including terms outlined in Appendix B. If the vendor cannot provide this acceptance statement, the vendor must enumerate each specific exception to the City's RFP, together with the vendor's proposed changes. The City will not accept substitutions by the vendor with the vendor's own boilerplate documents. Vendor Instructions 9 City of Kent, Washington Mmicompitter Hardware and System Software Maintenance Appendix A — Vendor Response Forms 0 Appendix A A-I City of Kent, Washington Minicomputer Hardware and System Software Maintenance Is I Vendor Authorization I, <Vendor Representative Name>, certify that <Vendor Name> have reviewed the City's Minicomputer Hardware and System Software Maintenance RFP and responded to all required sections as directed in the RFP This proposal constitutes <Vendor Name>response to the City's Minicomputer Hardware and System Software Maintenance RFP. I further certify that I am authorized to negotiate for and contractually bind <Vendor Name> in all discussions with the City for the procurement of the services as described in the City's Minicomputer Hardware and System Software Maintenance RFP All contact with <Vendor Name>should be directed to- Name. Title Address Telephone. Fax Email: Signed Date Title Corporate Seal Appendix A A_2 Cuy of Kent, Washington Minicomputer Hardware and System Software Maintenance Vendor Ouestionnaire Please feel free to use the Table Al provided and/or to attach additional information Table Al. Vendor Profile Questionnaire Information Item Requested Response 1.)Year founded 2.)Headquarters location: 3.)Local officer(s): 4.)Number of full-time personnel: Total company Management Support/Administration 5.) Number of full-time technical support personnel dedicated to the HP 3000 hardware and MPE/ix 5.5 or greater located in the greater Seattle/Tacoma area. 6 ) Number of full-tune technical support personnel dedicated to the HP 9000 hardware and HP-UX 11.0 and greater located in the greater Seattle/Tacoma area 7.) Describe the experience of your technical support staff as it relates to support of HP3000 8.) Describe the experience of your technical support staff as it relates to support of HP9000 9.)Number of current Customers: HP 3000 HP 9000 Other 10.) What is the availability of your support center. 11.) Describe your support center's escalation procedures. Appendix A A-3 City of%nt, Washington Minicomputer Hardware and System Software Maintenance 41 Information Item Requested Response 12.) Describe experience of support center staff. 13 ) Where is your support center located. 14.) Please attach any additional information or documentation that describes your Call Center operation 15 ) Will you bill the City quarterly? If no why not? 16 ) Will the City be able to change support levels for a given machine with 90 days notice? 17 ) Describe your repair and replacement process 18.) Describe your services to support system software patches and upgrades Appendix A A-4 City of%nt, Washington Minicomputer Hardware and System Software Maintenance Vendor Cost Proposal Please provide annual costs per machine on the options outlined in Table A2. Costs proposed for year 1 are valid for a period of 120 days. Table A2 Vendor Cost Proposal Minicomputer Minimum Support Year 1 Year 2 Year 3 Period HP 3000/958 8.00am — 9.00pm 4 hour Charge for support outside coverage period hours HP 3000/969-200 8 00am — 9:00pm 4 hour 24/7 4 hour Charge for support outside coverage period hours. HP9000 K570 8.00am — 9 00pm 4 hour Charge for support outside coverage period hours Cost proposal shall be valid for a period of 120 days The City's intent is to"lock in"rates for first year coverage. In the table A3 below, please respond to additional questions about Vendor costs and coverage periods. Please provide the following information related to coverage period and cost structure. Appendix A A-S City of Sent, Washington Minicomputer Hardware and System Software Maintenance Table A3. Vendor Coverage Periods and Future Costs Question Response 1 The City is requesting mamtenance coverage penods as follows • 8-00 a m.—9.00 p m. 4 hour • 24/7—2 hour Please describe any other coverage periods that are offered for HP3000 / HP9000 support. 2. If the City has HP-3000 equipment that is not covered by a support agreement, does your company provide support at an hourly rate? If so, please provide hourly rate. 3 A key City goal is to predict future costs for multi-year agreements. Please describe the method used to determine year 2 and year 3 costs. Appendix A A-6 City of Kent, Washington Minicomputer Hardware and System Software Maintenance Customer References (MUST SUBMIT AT LEAST 3 REFERENCES) i Reference#1: Organization Contact Name Contact Title Address Telephone Fax Reference #2: Organization Contact Name Contact Title Address Telephone Fax AppendixA A-7 City of Sent, Washington Minicomputer Hardware and System Software Maintenance ef�erencee# :: Organization Contact Name Contact Title Address Telephone Fax Appendix A A-8 City of Rent, Washington Minicomputer Hardware and System Software Maintenance Subcontractor Identification 10 Please provide the following information for each subcontractor included in this proposal Organization Organization Contact Contact Title Address Telephone Fax Email Please provide a description of Subcontractor's duties while performing work for the City. Append"A A-9 City ofXent, Washington Minicomputer Hardware and System Software Maintenance Equal Employment Opportunity Declaration The City is comrmtted to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work for the City shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier to adhere to An affirmative response is required on all of the following questions The questions are as follows. I have read the attached administrative policy number 1.2. 1. <Vendor Name>does not and will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory,mental, or physical disability. 2 <Vendor Name> provides a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 3 <Vendor Name>actively considers hiring and promotion of women and minorities. 0 The requirements outlined in tlus adherence statement shall be complied with prior to the execution of any contract between<Vendor Name>and the City. By signing below, <Vendor Name>agrees to fulfill the five requirements referenced above Signed Date Title AppendivA A-10 Cay of Kent, Washington Minicomputer Hardware and System Software Maintenance CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY: Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000, or more within any given year, must take the following affirmative steps: 0 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state, and local laws, policies, and guidelines Appendix A A-11 City of%nt, Washington Minicomputer Hardware and System Software Maintenance Appendix B — Terms and Conditions Appendix B B_J Coy of Bent, Washington Minicomputer Hardware and System Software Maintenance 1.0 Terms and Conditions 0 In addition to all statements made to the RFP related to the procurement process, the following terms and conditions will be applied to any contract entered into with the City 2.0 Definitions Request for Proposal or RFP Request for Proposal or RFP means the City's published document seeking proposals for HP3000 and HP9000 Hardware and System Software Maintenance Support issued on August 28, 2002 Response to RFP Response to RFP means vendor's response to City's RFP, dated September 11, 2002. 2.1. Payment Metbod All payments shall be made in U.S. Dollars within forty-five(45) days of invoice, so long as City has accepted and approved the products and services listed on the invoice. 3.0 Termination Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. 4.0 Responsibilities The City is responsible for Providing access to Data Center and equipment Providing appropriate backups of system software . Provide a reasonable working environment. Provide system information as requested Appendix B B-2 Cdy of%n; Washington Minicomputer Hardware and System Software Maintenance ANIbUe vendor is resl2onsible for Providing support services Following the City's security procedures Providing the City with replacement parts of equal or higher quality. 5.0 Timely Service and Corrections 5.1. Timely and Professional Service Vendor services be shall be performed in a timely and professional manner. Vendor further represents that the services funushed under this agreement will be performed in accordance with industry practices in accordance with generally accepted industry practices in effect at the time those services are performed. 6.0 Warranty 7.0 Indemnification Oxcept for liability that is solely the fault of the City, its officials, officers, employees, agents, and assigns (each of the foregoing hereafter referred to individually as the "Indemnified Party"), vendor agrees to defend, indemnify and hold harmless the indemnified parties from and against any and all third party claim, actions, losses, liabilities,judgments, awards and costs (including attorney fees and legal expenses) ansing out of or in connection with the negligence of the vendor in the performance of this agreement including, without limitation, the infringement or violation of any third party's trade secrets, proprietary information, trademark, copyright, patent right or other proprietary right Vendor shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that City gives the vendor prompt notice of any such claim of which it learns. No settlement that prevents the City from continuing to use the software product(s), other products or software documentation as provided in this agreement shall be made without the City's prior written consent In all events, the City shall have the right to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing. This indemnification is limited to the software products, other products and software documentation delivered to the City or as modified by the vendor and does not cover third party claims ansing from modifications not authorized by the Licensor. Thus indemnification shall also survive the expiration gr termination of this agreement. 8.0 Damages and Limitation on Liability Vendor's indemnification shall apply to all damages incurred by the City or third parties, whether direct, indirect, actual, consequential or incidental. However, vendor's liability for damages to the City for any cause whatsoever, regardless of form of action, whether in contract, or tort, shall be limited to $200,000. Appendtx B B-3 City of Kent, Washington Minicomputer Hardware and System Software Maintenance 9.0 Insurance Vendor shall procure and maintain for the duration of this agreement, insurance against claims for injuries persons or damage to property which may anse from or in connection with the performance of the work by th vendor, their agents, representatives or employees. 9.1. Automobile Liability Automobile liability insurance (including commercial automobile liability insurance) covering all owned, non- owned,hired, leased vehicles. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 9.2. Commercial General Liability Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansing from premises, operations, products-completed operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. Insurance shall be written with limits no less than $1,000,000 each occurrence and in the aggregate. 9.3. Errors and Omissions 0 Errors and Omissions insurance written on a claims made basis with limits not less than $1,000,000 per occurrence and $1,000,000 policy aggregate limit. 9.4. Excess Liability Excess Liability with limits not less than $1,000,000 per occurrence and aggregate. 9.5. Deductible Any payment of deductible or self-insured retention shall be the sole responsibility of vendor. 9.6. Endorsement With the exception of Errors and Omissions insurance, which shall be provided on a claims- made basis, the City, its officers, officials, employees, and agents shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the vendor. The vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the vendor. 0 Appendix B B-4 City of%nt, Washington Minicomputer Hardware and System Software Maintenance 9.7. Coverage Oendor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 9.8. Primary Vendor's insurance shall be primary insurance as respects the City, and shall be endorsed to state that coverage shall not be cancelled by either party except after thirty(30) calendar days prior written notice by certified mail, return receipt requested, has been given to the City of any cancellation, suspension or material change in coverage 9.9. Failure A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute a material breach of contract by vendor. The City reserves the right to then award the contract to another bidder. In order to protect the public interest and notwithstanding any provisions herein to the contrary, vendor's failure to comply with any provision in this section shall subject the contract to immediate termination without notice and without recourse by any person. 10.0 Vendor's Right to Terminate Wge vendor may terminate this agreement if the City fails to make timely payment as provided in this reement, so long as the vendor has first provided the City with written notice of that default and the default has not been corrected within thirty (30) calendar days from the date of receipt of vendor's written notice of default 10.1. City's Right to Terminate This agreement may be terminated by the City if the vendor is in default of any provisions of this agreement, so long as the default is not corrected within thirty (30) calendar days of the receipt of written notice of the default from the City. For the purposes of this Section 10 1, "default" shall include, without limitation, any failure to abide by the terms or conditions of this agreement including the City's RFP and vendor's response to RFP, together with any of the instances of the following: ♦ Vendor defaults on any of the terms of its contract with the City, ♦ Vendor ceases its ongoing business operations; ♦ Vendor fails to perform the contract in a timely fashion, • Vendor suffers any act of insolvency. Appendix B B-5 City of%nt, Washington Minicomputer Hardware and System Software Maintenance 10.2. Termination for Convenience The City may terminate this agreement, including all related agreements (e.g. maintenance agreements, etc) whole, or from time to time in part,whenever the vendor is prevented from proceeding with the project work by reason of a preliminary, special, or permanent restraining order from a court of competent jurisdiction where the issuance of such restraining order is primarily caused by either acts or omissions of the vendor or by acts or omissions of persons or agencies other than the vendor. Additionally, the City may also terminate tlus agreement in whole or in part if the City's Information Technology Director determines that termination is in the best interests of the City. 10.3. Claims Any claim for damages incurred by either party resulting from breach of this agreement by the other party shall survive termination. The remedies provided herein shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to vendor shall impair or affect its right to exercise the same. 11.0 Attornevs' Fees Subject to the indemnification and limitation of vendor's liability provisions set forth in this agreement, if any action or suit is brought with respect to a matter or matters covered by this agreement, each party shall be responsible for all its own costs and expenses incident to such proceedings, including reasonable attorneys'fees 12.0 Governing Law 10 The construction and performance of this agreement shall be governed by the Washington State Uniform Commercial Code, Title 62A Revised Code of Washington, and other laws of the State of Washington without regard to the conflict of laws provisions thereof. If parties are unable to settle any dispute, difference or claim ansing from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. 13.0 Entire Agreement This agreement, together with City's RFP and vendor's Response to RFP constitutes the entire agreement between vendor and City and shall not be modified or rescinded except in writing, signed by both parties. In.the case of inconsistencies or disputes among this agreement, the City's RFP, and the vendor's response to RFP, the following order of precedence shall prevail in descending order of priority: 1) This agreement and any written and fully signed amendments thereto. 2) The City's RFP and any written amendments thereto 3) The vendor's response to RFP and any authorized written amendments or clarifications thereto. i If any terms or conditions of this agreement are invalid under any applicable statute or rule of law, they a1R6 that extent to be deemed omitted and the remaining provisions shall not in any way be affected or impaired. Appendix B B-6 City of Kent, Washington Minicomputer Hardware and System Software Maintenance 44.0 Notice y notice required or permitted to be made or given pursuant to ttus agreement shall be sufficiently made or given on the date of mailing if sent to the other party by certified mail, postage prepaid, addressed to the other party at the address set forth below. Appendix B B_7 lnA9Vk September 11,2002 City clerk's Office Minicomputer Hardware and System Software Maintenance RFP City of City 220 4a'Avenue South Kent,WA 98032 Dear Sir or Madam: InnerVu Corporation is pleased to submit this official response to the Minicomputer Hardware and System Software Maintenance RFP. InnerVu is the most qualified company to perform the services listed in this RFP.Our 17 years of providing maintenance on HP products in the State of Washington is second to none. InnerVu has been the hardware maintenance provider for the City of Kent's HP 3000 958 hardware for seven years and software for nearly three years. We have the most first hand technical and operational knowledge with the City of Kent. Based on this lust hand experience, InnerVu is proposing a Service Level Agreement whereby InnerVu will issue a credit to the City if service commitments are not met. (The Service Level Agreement details on pages 19-21) We have priced our response as aggressively as possible for this one year contract and have proposed a formula which will minunize price increases Since the City is asking for insurance that far exceed the requirements of any of our 77 customers,we have no choice but to include these fees in our price We have, however, proposed contract language in Appendix B, that if accepted will eliminate this additional cost. (See Attachment H) Enclosed are two(2) hard copies of our response,attachments and the City's Appendices I look forward to a successful contract negotiation and expanding our long-standing relationship with the City of Kent. J k�� - ILF ron President/CEO hmerVu Corporation 11421 NE 120th Street Kirkland,WA 99034 800.882 0201 x1101 425.920 6565 fax frankz@innervu.com 11421 NE 120"Street Kirkland WA 96034 900 634 9442 www.imleryu.com City of%n4 Washington MinfcoWsaer Hardware and System Software Main/enance 0 V94 Response to City of Kent, Washington Request for Proposal Minicomputer Hardware and System Software Maintenance 0 220 0 Ave S Kent, WA 98032 Prepared by InnerVu Corporation 11421 NE 120'"Street Kirkland, WA 98034 Attn: Frank Zaccari 425-820-6500 z1101 Submitted September 11,2002 ;'tIa�G1ta I CRY Of%n4 Washington Minicomputer Hardware and System Software Maintenance Ale of Contents MinicomputerHardware and System Software Maintenance......»......................_............... _. ..„.......» Tableof Contents...................................................................»....».................................»..................................2 1. Vendor Instructions_._.. PROPOSALFORMAT. .. ...... ..................................... ........................................................................................... .............. ...3 APPENDIX A—VENDOR RESPONSE FORMS.............. ................................................................................... ................ .. 6 VENDOR AUTHoRi7ATioN.... .......... ......... .............................................. ......................................... .......................6 (INNERVU DOES NOT HAVE A CORPORATE SEAL)......... ................ ...... ................... ........ ............ .................. ................. ..6 VENDOR QUESTIONNAIRE. . ... . . ..... . .... .. ............................ ............ ........ .. ...... .. ....... ..... .. ..........7 ATTACHMENT A-MAINTENANCE CALL PROCESS.................................... ......................_. .. .. .... ..............................34 Customer Sattsjactton Survey-Service Delivery. . 36 Orientation Letter . . .. ....-- . 37 ATTACHMENT B—HARDwARE MAINTENANCE . . . ... . ..... .... .......... ... ...................... ................... ....... . .....38 Hardware Infrastructure.. . . .- ..-- .. ... ..39 Additional Maintenance Programs - ... ... 39 .TACHMENT C-BIOS OF ACCOUNT SUPPORT PERSONNEL....................................... ....... ....... ............................* ATTACHMENT D—SOFTWARE MAINTENANCE PROGRAM......_....................................... . . ....................... ... ................43 ATTACHMENT E—PARTS AND LOGisncAL SERVICES........................... .......... .... . .... ........................ . ... ............ 44 ATTACHMENT F-CUSTOMER TESTIMONIALS ....... .. .............................................. ....................... ......................45 ATTACHMENT G—ENVIRONMENTAL SPECIFICATIONS . .... ........ ................ .. . .. .... ................... ..... ..... ............ 46 ATTACHMENT H—DETAR.ED PRICING................. .................. ...... ...... ....... ........................................................47 0 2 City Of Kent, Washington MiaiconWuterHardware and System Sojb&we Maintenance i. Vendor Instructions This section provides the format and description of the information required for a vendors response to be considered by the City Proposals are due by the date, time and location described in Section 2 2 of this document. InnerVu acknowledges and agrees Proposal Format The vendor's proposal shall be submitted in the format outlined in this section. Failure to comply with the specified format may result in the Cr y's rejection of vendor proposal. The City reserves the right to reject all proposals. Other subject headings may be added, as the vendor believes necessary. The City reserves the right to require additional information or materials after the proposals are submitted. InnerVu acknowledges and agrees Vendors must respond to all requirements stated in this RFP and all of the appendices for the solution(s) they are offering, whether the vendor is proposing a complete solution or a partial solution. The proposal must be signed by an officer authorized to negotiate for and contractually bind the vendor. The vendor must demonstrate this authority by completing the Vendor Authorization located in Appendix A 0.merVu acknowledges and agrees The following is an outline of the proposal contents. Guidelines for completion of each section are included below 1. Cover Letter The purpose of the cover letter is to identify the vendor(s) and provide a summary of the proposal InnerVu acknowledges and agrees. A cover letter is included in this response II. Vendor Response Forms —Appendix A a) Vendor Authorization The vendor authorization must certify that this is the vendors response to the City's RFP and identify both a vendor contact point for the vendor and the person authorized to negotiate for and contractually bind the vendor. A format is provided in Appendix A. InnerVu acknowledges and agrees. The vendor authorization form has been completed and signed. The pimary vendor contact for InnerVu Is: Frank Zaccari President and CEO Computech Systems Corporation and InnerVu Corporation 11421 NE 12& Street Kirkland, WA 98034 Ins' .��lfu 3 City ofKeA Washington Mbucompater Hardware and System Software Maintenance Office: 800-882-0201 x1101 or 425.820.6500 x1101 Fax- 425-820-6565 Mobile: 916-718-5517 b) Vendor Questionnaire The vendor must complete the vendor questionnaire provided in Appendix A. InnerVu acknowledges and agrees. The vendor questionnaire has been completed. InnerVu has selected to provide additional detail. Each question Is listed and a more detailed response has been provided. c) Vendor Cost Proposal The vendor must complete the vendor cost proposal coverage periods and future costs provided in Appendix A. Cost proposal shall be valid for a period of 120 days. InnerVu acknowledges and agrees. d) Customer References The vendor must provide at least three (3) references of comparable customers A format is provided in Appendix A. - InnerVu acknowledges and has exceeded this requirement. Three detailed references have been provided as requested. InnerVu has also included the names of over 25 additional customers plus reference letters. e) Subcontractor Identification The vendor must provide information for each subcontractor included in the proposal. A format is provided in Appendix A. InnerVu acknowledges and agrees. InnerVu is not planning to use any subcontractors for this contract. f.) Equal Employment Opportunity Declaration The vendor must certify that they comply with the City's Minority and Women Contractors Policy. A copy of the City's Administrative Policy and a declaration are included in Appendix A for the vendor to review, sign, and return with their proposal. InnerVu acknowledges and agrees fn4ft-Urt City of%ny Washington Mtnicompater Hardware and System Software Maintenance g) Proposal Price Guarantee The vendor must provide a written guarantee to maintain the proposed annual cost summary for 120 calendar days beyond completion of the vendor selection. InnerVu acknowledges and agrees h) Additional Materials Submitted by Vendor Attach any other information or materials that would be pertinent to the City's proposal. InnerVu has provided Attachments A through H III. Acceptance of Terms An authorized vendor representative must submit a statement demonstrating the vendor's acceptance of all parts of the RFP including terms outlined in Appendix B. If the vendor cannot provide this acceptance statement, the vendor must enumerate each specific exception to the City's RFP, together with the vendor's proposed changes. The City will not accept substitutions by the vendor with the vendor's own boilerplate documents InnerVu has submitted speck exceptions to the City's terms and conditions together with InnerVu's proposed changes and rationale for the proposed change(s). 5 Chy of Sent, Washington MinicoWnter Hardware and System Software Maintenance Appendix A —Vendor Response Forms Vendor Authorization I, Frank Zaccari, certify that InnerVu Corporation have reviewed the City s Minicomputer Hardware and System Software Maintenance RFP and responded to all required sections as directed in the RFP This proposal constitutes InnerVu Corporation response to the City's Minicomputer Hardware and System Software Maintenance RFP. I further certify that I am authorized to negotiate for and contractually bind InnerVu Corporation in all discussions with the City for the procurement of the services as described in the City's Minicomputer Hardware and System Software Maintenance RFP. All contact with InnerVu Corporation should be directed to: Name: Frank Zaccari Title: President/CEO Address 11421 NE 120`" Street, Kirkland, WA 98034 Telephone: 425.820.6500 x1101 Fax: 425.820 6565 Email: i frankz@innervu corn Jgned `, `�z' ? - 46 . Date September 11, 2002 Title PresidenVCEO Corporate Seal: (InnerVu does not have a Corporate Seal) GYry of gent, Washington Minicomputer Hardware and System Software Maintenance Vendor Questionnaire )lease feel free to use the Table Al provided and/or to attach additional information InnerVu has selected to provide additional detail. Each question Is listed and a more detailed response has been provided. Table Al Vendor Profile Questionnaire Information Item Requested Response 1. Year founded. See detailed response below 2. Headquarters location: See detailed response below 3. Local officers : See detailed response below 4.) Number of full-time personnel See detailed response below Total company Management Support/Ad ministration 5 ) Number of full-time technical support See detailed response below personnel dedicated to the HP 3000 hardware and MPP1x 5 5 or greater located in the greater Seattle/Tacoma area. 6 ) Number of full-time technical support See detailed response below personnel dedicated to the HP 9000 hardware and HP-UX 110 and greater located in the greater Seattle/Tacoma area. 7.) Describe the experience of your technical See detailed response below support staff as it relates to support of HP3000 8 ) Describe the experience of your technical See detailed response below support staff as it relates to support of HP9000. 9.) Number of current Customers. See detailed response below HP 3000 HP 9000 Other 10.)What is the availability of your support center. See detailed response below 11 ) Describe your support center's escalation See detailed response below procedures. 12.) Describe experience of support center staff See detailed response below 13.) Where is your support center located. See detailed response below 14.) Please attach any additional information or See detailed response below documentation that describes your Call Center operation 15.)Will you bill the City quarterly? If no why See detailed response below not? IrAsVr, 7 City of gent, Washington Minicomputer Hardware and System Sofhrare Maintenance Information Item Requested Response 16.) Will the City be able to change support levels See detailed response below fora given machine with 90 days notice? 17.) Describe your repair and replacement See detailed response below process. 18.) Describe your services to support system See detailed response below software patches and upgrades. 1.) Year founded: InnerVu Corporation is an S-Corporation, UBI # C601553822, incorporated in the State of Washington. It is also a Veteran Owned, Small Business as listed in the SBA Pronet Database. In May of 2000, Computech created InnerVu Corporation as its maintenance and professional services company. Computech is the nation's oldest and largest remanufacturedreseller of Hewlett-Packard 3000 and 9000 series servers. Founded in 1985, Computech and now InnerVu have been providing maintenance services to its clients as follow-on to hardware sales. InnerVu currently provides direct maintenance to 77 companies, 69 in Washington State, including the City of Kent, Expeditors International, Nordstrom and 13 State Community and Technical Colleges. InnerVu has been providing hardware maintenance (HP 968) to the City of Kent for seven (7) years and software maintenance for nearly three years. InnerVu offers a variety of direct maintenar programs that exceed the service and product levels offered by HP. These programs explained in Attachment B. 2.) Headquarters location: InnerVu is a Washington State based, Veteran Owned, Small Business. InnerVu and Computech's entire employee base are Washington residents (23 instate employees). Computech is a Washington corporation in good standing since 1985. The headquarters, parts warehouse and technical service center are co-located at the following address: 11421 NE 12e Street Kirkland, WA 98034 Phone: 425.820.6500 Local officer(s): Every InnerVu and Computech board member, officer and employee is a resident of Washington. The company officers include: Frank Zaccari, President/CEO, 11421 NE 120"' Street, Kirkland, WA 98034, Phone: 425-820-6500 x1101 Fax: 425-820-6565 Larry Numata, CFO, 11421 NE 120" Street, Kirkland, WA 98034 Phone. 425-820-6500 x1104 Fax: 425-820-6565 In40vk 8 City of Sent, Washin" Minicomputer Hardware and System Software Maintenance Frank Zaccari or Larry Numata are authorized to sign and execute contracts. Officers and Board members include • Frank Zaccari, Presidenf/CEO • Larry Numata, CFO and corporate secretary • Robert Miller— Chairman of the Board • John Sato — Board Member • Richard Strand — Board Member 4.) Number of full-time personnel: Total company Management Support/Administration InnerVu and its "sister" company Computech, employ 23 Washington State residents as full time employees. Senior management 2 full time Support/Admin 3 full time The balance of the employees are in sales (8) and technical/logistics (10). 5 ) Number of full-time technical support personnel dedicated to the HP 3000 hardware and MPE/ix 5.5 or greater located in the greater Seattle/Tacoma area. lnnerVu's key technical personnel have over 157 years of HP and systems maintenance experience Every InnerVu technician works out of the Kirkland, WA facility. InnerVu is currently able to dispatch eight (8) experienced field technicians throughout Washington State. According to our latest information, the HP in-state presence is not as large Bios of Account Team Personnel are listed below (See response to Question 7 and Attachment C). Six of the eight technicians available to be dispatched to perform onsite maintenance service have experbse with the HP 3000 senes hardware and MPE/ix 5.5 or greater. 6.) Number of full-time technical support personnel dedicated to the HP 9000 hardware and HP- UX 11.0 and greater located in the greater Seattlerracoma area. All eight technicians have expertise with the HP 9000 series hardware and HP-LIX 11.0 and greater Every InnerVu technician works out of the Kirkland, WA facility. 7.) Describe the experience of your technical support staff as it relates to support of HP 3000. InnerVu's key technical personnel experience with the HP 3000 consists of the following technicians: lrt!�lfu 9 Cty of%n; Washington Minicomputer Hardware and Systnn Software Maintenance Ernie Grillo, Technical Services and Logistics Manager—21 years of HP 3000 and 90� expertise. Ernie spends 50% of his time on maintenance issues. Paul Allen, Field Support Manager — 30 years of HP 3000 and 9000 experience Paul spends 100% of his time on maintenance issues and is certified in HP-UX. Dan Miller, National Support Manager— 16 years of HP 3000 and 9000 experience. Dan spends 100% of his time on maintenance issues. Stephen Lennon — 1 year of MPE experience and 5 years of UNIX. Stephen spends 100% of his time on maintenance issues Zach Aherns — 1 year of MPE experience and 10 years of UNIX. Zach spends 100% of his time on maintenance issues. Josh Norige—3 years of MPE experience and 5 years of UNIX. Josh spends 50% of his time on maintenance issues and is certified in HP-UX. The majority of InnerVu's maintenance customers use the HP 3000 family of products. This is due to lack of commitment in recent years by HP toward the 3000 hardware and MPE operating system. The lack of commitment culminated in a letter dated November 14, 2001 when HP announced the end of sales and support for the HP 3000 product line and the MPE1iX operating system. HP encouraged customers of its 3000 product line to transition to other HP servers running HP-U* Windows or Linux. End of support directly from HP for the 9X7 products occurred in April 2002. The rest of the 3000 series will suffer the same fate in stages through 2006 This is an economic business decision by HP. Many HP 3000 customers elected not to change their organizational plans to match HP's business decision to obsolete the 3000 product line and MPErw operating system. They elected not to be rushed to incur millions of dollars in capital expense simply to match HP's arbitrary business decision. The real issue facing HP 3000 customer is how to extend the life of the existing HP equipment to give themself the time to evaluate ALL possible altematives. InnerVu's reputation for technical excellence is widely known throughout the state of Washington. InnerVu is known as "the tech support of last resort" — meaning that when the manufacturer cannot solve a problem, InnerVu is often contacted. This scenario recently occurred with the following customers, • Nordstrom contacted InnerVu to repair a printer after several failed attempts by HP. • US Naval Hospital-Bremerton InnerVu resolved two HP9000/755 workstation problems that HP and another third party were unable to resolve. • InNol4, if City of Bent, Wirshbwwn Minicomputer Hardware and System Software Maintenance • Weyerhaeuser selected InnerVu over HP for its complete data center. This project was to design and manage the re-location of 21 HP 9000 systems from Weyerhaeuser's data center in Tacoma to its new location in Federal Way. Tasks included, planning, manpower allocation, spare parts, emergency contingency plan plus the physical tasks of de-installing, packing, shipping, and re-installing 21 HP servers from 5:00 PM Friday to 5:00 PM Sunday. The move was competed without any unscheduled interruption of IT services. • InnerVu supports 69 HP 3000 servers in the Northwest. These servers range from the HP 3000X micro (predecessor of the HP 3000 RISC architecture) to the 922, 9X7, 9X8 and 9X9. • InnerVu has the proven credentials to extend the life of the HP 3000 products beyond the HP's End-of-Support dates. InnerVu is currently providing maintenance in the State of Washington for Sensitech (HP 922), City of Kent (HP 958), Tally and MR Data (HP Micro 3000). These products are more than (5) five years beyond the HP End-of-Support. 8.) Describe the experience of your technical support staff as it relates to support of HP9000. InnerVu's key technical personnel experience with the HP 9000 consists of all the personnel listed in question 7 plus two additional technicians that combine for 25 years of experience InnerVu supports seven (7) HP 9000 servers in the Puget Sound. These servers range from the HP D, G, F H, K series models. Two customers will be adding the A and N models in October 2002 Customers are selecting InnerVu as their HP 9000 maintenance provider for all the reasons listed in question 7 plus those listed below: • A higher quality of service than HP for 24x7, 8x9 and 8x5 customers in Washington State. • Total Cost of Ownership will be less with InnerVu. • Extend the life of current equipment There is no performance reason to migrate simply because HP makes a business decision to obsolete hardware and/or software. • Parts & Logistics based 100% in Washington. InnerVu stores HP parts in Kirkland, WA and is willing to store parts onsite. • InnerVu has a worldwide channel for parts • Ability to support HP products beyond the End-of-Life (EOL) and End-of-Support (EOS) dates. InnerVu is currently supporting four Washington State customers 5+ years after HP EOL and EOS. • Ability and willingness to support 3rd party (non HP) peripherals and components. Irt�l/ti u City of Kent, Washington Minicomputer Hardware and System Software Maintenance The following chart provides a summary of the benefits offered by InnerVu InnerVu An engineer returns your r call. Will store parts on site without a large uplift. Will walk you through a customer Install over the phone without a large Time and Material T&M uplift. At least one proactive preventative maintenance visit per year whether you make a service call or not Offer advice independent of the manufacturer. Example: How to lower software support fee by ordering media now. Values the customer by providing quality service at a fair price. Will support 3m party products (disk, memory etc) to improve customer's Return on Investment ROI . 9.) Number of current Customers: Since several of InnerVu's customer has support contracts for* multiple products, InnerVu has listed the number of systems under maintenance contract in the Puget Sound. HP 3000 69 systems and associated peripherals HP 9000 7 systems and associated peripherals Other 3 Sun servers and associated peripherals 20 HP Netservers and associated peripherals 10 ) What is the availability of your support center 11.) Describe your support center's escalation procedures Both questions 10 and 11 are answered in this section. Also see Attachment A. InnerVu has found that direct customer interface via phone is both more efficient and effective in initiating, tracking and closing maintenance calls. See Attachment A for detailed call process and customer orientation letter. Every InnerVu maintenance customer has access to a toll free Maintenance Hotline number. The 800-882-0394 number will ring at a staffed call center on a 7x24x365 basis A customer service representative will answer your call In the event the pre- recorded message picks up the customer will hear: 0 !n 'iL'a 12 City of%nt, Washington Minicomputer Hardware and System SoR we Maintenance "Thank you for calling Computech and InnerVu's maintenance hot line. All of our representatives are currently helping other customers. Your call is important to us, so please stay on the line and your call will be answered in the order received". When the call center personnel answers the call he/she will say: "Thank you for calling Computech and InnerVu's Maintenance Hotline. Are you a current maintenance customer'?" If"No': Direct customer to the Computech number, 425-820-6500 x1001. If"Yes" 1. The call center representative will record the following: • the time of the call • caller's name company name • phone number 2. Assign and give to the caller a call tracking number based on the date and call number of the day. For example, the first call of the day on 7/30/01 would be 073001-01. The second call that day would be 073001-02 and so on. 3. Immediately page the InnerVu duty technician • If no return call to the call center within 15 minutes, page the first backup. • If no return call within with 15 minutes, page the second backup. • If no response within 15 minutes, page Dan Miller — National Support Manager. • If no response within 15 minutes, call Frank Zaccad - President. 4 Duty technician will call the center and receive the customer's information and tracking number. 5 Duty technician will then immediately call the customer to ascertain the nature of the problem, and start working the problem. First return call to the customer has been averaging 18 minutes. 6 Escalation is left up to the judgement of the duty technician who will have the phone and pager numbers of the entire InnerVu staff. 7. If the service call cannot be resolved over the phone, the InnerVu technician will provide an estimated time of arrival for onsite service. A good representation of the number of calls and time to resolution can be found in the call statistics from September to December 2001: • 34 total services calls were received (InnerVu provides service to 77 companies) lr No v4, 13 City of gent, Washington Minicomputer Hardware and System Software Maintenance • 13 calls required an InnerVu technician to be dispatched • 21 calls were resolved over the phone. Average time to return the system to operational status for dispatched calls was 2.8 hrs including travel time to the site. 12 ) Describe experience of support center staff. Unlike the vast majority of companies that provide onsite maintenance (including HP), InnerVu does not use administrative or junior level technicians to staff a support center. After the initial call is received at InnerVu's toll free Maintenance Hotline number (see response to questions 10, 11 and Attachment A) all contact with the customer is made by InnerVu's technicians. The technician that returns your first call is responsible to resolve your trouble ticket. Since every InnerVu employee is located in our Kirkland facility, our technicians have easy access to our solution database, customer history, access to HP technical service manuals, engineering notes, IT Resourse Center (ITRC), Service Parts Interface (SPI) plus InnerVu's 157 years of combined HP and maintenance experience. (See response to questions 7, 8, Attachments A and C). 13.) Where is your support center located InnerVu's support center is located in our Kirkland, WA facility— less than a 20 minute drive to the City of Kent. InnerVu Corporation and Computech Systems Corporation 11421 NE 12& Street Kirkland, WA 98034 Phone: 425 820.6500 14 ) Please attach any additional information or documentation that describes your Call Center operation. InnerVu takes customer satisfaction very seriously. To that end, InnerVu assigns a significant level of resources to ensure the highest level of Customer Satisfaction. The resources include: • Customer Orientation Packet The process starts with Customer Orientation Packet (See Attachment A for details) InnerVu believes that a thorough understanding of the communication process is the key to superior maintenance This packet clearly outlines steps for contacting InnerVu to begin the service process. • Frank Zaccari, President & CEO — spends 25% of his time on maintenance issues. 0 �F11���N If City of%nt, Washington MingcompnterHardware and System Software Maintenance • Ernie Grillo, Technical Services and Logistics Manager— spends 50% of his time on maintenance issues. • Paul Allen, Field Support Manager — spends 100% of his time on maintenance issues. • Stephen Lennon — Field Engineer - spends 100% of his time on maintenance issues. • Zach Ahrens - Field Engineer- spends 100% of his time on maintenance issues. • Dan Miller, National Support Manager- spends 100% of his time on maintenance issues. • Larry Numata — CFO and Contracts Manager- spends 50% of his time on contract maintenance issues. • A 7x24x365 staffed call center to receive the initial support call and initiate the trouble ticket process (See Attachment A). • Trouble ticket resolution actions that include the use of telephone calls, fax and emails, Upon closure of a trouble ticket, InnerVu maintenance customers will receive a phone call or email within 48 hours to verify the resolution. • Annual satisfaction survey will be sent to customers of this contract (See Attachment A- Customer Satisfaction Survey- Service Delivery) • Customer concerns regarding quality of service are taken very seriously. All written complaints are directed to the PresidenUCEO who will call the customer and initiate the necessary steps to resolve the situation The vast majority of customer concerns are resolved to the customer's satisfaction by the InnerVu technicians Customers can call, write or email the President/CEO anytime they feel service is not living up to expectations. Frank Zaccari President and CEO Computech Systems Corporation and InnerVu Corporation 11421 NE 120th Street Kirkland, WA 98034 fronkiftognpuWAxom Office. 800-882-0201 x1101 or 425.820.6500 x1101 Fax: 425-820-6565 Mobile 916-718-5517 0 n,at1k is City of%n; Washington Minicomputer Hardware and System Software Maintenance 15.) Will you bill the City quarterly? If no why not? 0 Yes, InnerVu will bill the City quarterly. Because InnerVu is a Washington based corporation it has the flexibility, unlike other field support organizations, to make and change decisions based on local customer needs and expectations. 16.) Will the City be able to change support levels for a given machine with 90 days notice? Yes. As stated above InnerVu is a Washington based corporation it has the flexibility, unlike other field support organizations, to make and change decisions based on local customer needs and expectations. 17.) Describe your repair and replacement process. InnerVu offers more options than requested in the RFP. Hardware Maintenance options available from InnerVu include (See Attachment B for additional information): • 24x7 — four-hour onsite response, 24 hours per day, 7 days per week, including holidays. • 24x7 - two-hour onsite response, 24 hours per day, 7 days per week, including holidays. • 8x5 — four-hour onsite response, Monday through Friday, 8:00 am to 5:00 pm local time, excluding holidays • 8x9 - four-hour onsite response, Monday through Friday, 8:00 am to 9 00 p ip local time, excluding holidays • Next Business Day (NBD) — next working day onsite service after the call is received, Monday through Fridays, 8:00 am to 5.00 pm local time, excluding holidays. Optional services offered by InnerVu. • Depot repair of failed equipment • Hot swap component replacement option • Onsite (customer site) storage of spare parts option • Parts replacement and telephone support for self maintenance customers How InnerVu meets It onsite response time commitments is listed below: InnerVu follows the same process for the minimum support period listed in Table A2. The process starts with Customer Orientation Packet (See Attachment A for details). InnerVu believes that a thorough understanding of the communication process is the key to superior maintenance. This packet clearly outlines steps for contacting InnerVu to begin the service process. Every InnerVu maintenance customer has access to a toll free Maintenance Hotline number. The 800-882-0394 number will ring at a staffed call center on a 7x24x365 basis. A customer service representative will answer your call. This process is detailed in Questions 10, 11 and Attachme al A). lnkslfa 16 Cary of%nt, Washington Minicomputer Hardware and System Software Maintenance Once the communication process is initiated InnerVu offers five (5) elements for success • Background • Professional staff • Infrastructure • Parts Rogistics • Geographic coverage Background In May 2000, Computech created InnerVu Corporation as its maintenance and professional services company. Computech is the nation's oldest and largest remanufacturer/reseller of Hewlett-Packard 3000 and 9000 series servers. Founded in 1985, Computech and now InnerVu have been providing maintenance services to our clients throughout the Pacific Northwest InnerVu currently provides direct maintenance to 77 companies, including the City of Kent, Expeditor's International, Nordstrom, Alaska Distributors, the University of Washington and 13 State of Washington Community and Technical Colleges. Professional staff InnerVu personnel have over 157 years of HP and systems maintenance experience. InnerVu is currently able to dispatch eight experienced HP field technicians throughout Washington State. According to our latest information, no other company including HP has a larger in state maintenance staff supporting the HP product line. (See Attachment C for additional details). Infrastructure InnerVu has the internal infrastructure in place to support a statewide maintenance agreement. Because InnerVu is a Washington based corporation it has the flexibility, unlike other field support organizations, to make and change decisions based on local customer needs and expectations Since the creation of InnerVu, we strengthened our maintenance infrastructure to provide onsite and telephone hardware and software maintenance on a regional basis (See Attachment B for additional details). InnerVu currently provides maintenance throughout the states of Washington, Oregon, and Idaho. InnerVu has been able to meet every customers onsite response time commitment. Our ratio of technicians to customers is 9.6 to 1 (8 technicians to 77 customers). For most maintenance providers this ratio is closer to 30 to 1. It is our understanding that HP ratio is greater than 25 to 1. Please note that In 17 City of%nt, Washington Minicomputer Hardware and System Software Maintenance all of InnerVu's hardware engineers are employees. This is important since the vast majority of companies that provide hardware maintenance in the Puget Sound subcontractors to perform the onsite maintenance service. Parts/logistics The Kirkland facility currently carries a large inventory in HP parts. InnerVu leverages the worldwide supply channel built over the past 17 years by Computech. With this vast access to parts, InnerVu will be able to support and extend the life of the The City of Kent's HP products for a minimum of three years beyond HP's End Of Life (EOL). InnerVu is currently supporting sites where the HP equipment is five years beyond its EOL. InnerVu obtains parts from a number of sources including: • Hewlett Packard and other manufacturers • Distributors for new (product returns), used and surplus equipment. • 900 worldwide broker and remarketers. • The Global 3000 corporations for used equipment from our asset recovery program. • Leasing Companies. All parts used by InnerVu must pass our stringent internal quality assurance tests before they are placed in available inventory. InnerVu's 4A testing and logistics system is described in Attachment D. Geographic coverage As stated above InnerVu currently provides maintenance throughout the states of Washington, Oregon, and Idaho. InnerVu has been able to meet every customer's onsite response time commitment. Given the City of Kent is less than a 20-minute drive from lnnerVu's Kirkland facility, meeting and exceeding the minimum support period coverage will not be an issue. InnerVu's time to repair commitment Is listed below: InnerVu agrees to the time frames listed below with the understanding that City of Kent adheres to the required environmental specifications for humidity and cooling (specifications are in Attachment G) and have a properly functioning Uninterruptable Power Supply (UPS) with 15 to 20 minutes of sustained power in place prior to the start of this agreement. UPS is designed to reduce electrical component damage from power fluctuations and give the customer's onsite operations staff time to perform an orderly system shutdown. With the exception of CPUs and backplanes InnerVu will have the contract systems and/or related peripherals operational within 8 hours after onsite arrival (n4allcc is City of%n4 Washhwton Minicomputer Hardware and System Software Maintenance InnerVu personnel. Operational status is defined as the failed part or component has been replaced and the operating system has been successfully booted to the WE or UNIX prompt. (Note: each customer location must have onsite and accessible for the InnerVu technician a current working SLT tape). From the MPE or UNIX prompt, the customer's operator/system administrator can then start performing any data restoration, user and/or application procedure(s). InnerVu Corporation's Hardware Support: Delivery Process Flow Ob ective: To document InnerVu's maintenance delivery procedures InnerVu does not use any of HP's proprietary, password protected diagnostic tools InnerVu's primary concern is to quickly determine and replace a failed part and return the system to operational status (as defined above). InnerVu mitigates the potential of a CPU failure by insisting that every system we maintain be connected to a UPS that will allow time for an orderly shutdown by the customer's operator or system administrator. In 17 years of providing maintenance InnerVu has had one CPU failure. That system was not connected to a UPS. In the unlikely event of a CPU or backplane failure (.001% approx. failure rate) InnerVu has used a variety of alternatives to return the system to operational status including: • Use of the HP exchange program • Use of an InnerVu owned loaner of the same family • Replacement with a product of equal or greater processor power and license levels • Swap the box with a complete system In the unlikely event a contracted CPU or backplane that has been attached to a properly functioning UPS system fails — InnerVu will coordinate the necessary actions from HP. Service Level Agreement(The City has not asked for this type of service commitment in this RFP) InnerVu has provided maintenance to the City of Kent for seven years. During this time InnerVu has become very familiar with the operating environment and technical strengths and weaknesses of the City of Kent personnel and procedures. Even though the City of Kent has not asked for a service level commitment in the RFP, InnerVu is proposing the following commitment: With the exception of CPUs and backplanes InnerVu will have the contracted systems and/or related peripherals to operational status within 8 hours after onsite arrival by InnerVu personnel. InnerVu agrees that In the event this commitment is not met, InnerVu will Issue a credit to the basic Contracted Maintenance Services Charges for that individual part Operational status is defined as the faded part or component has been replaced and the operating system has been successfully booted to the MPE or UNIX prompt. City of%nt, Washbgwn Minkompater Hardware and System Software Maintenance (Note. each customer location must have onsite and accessible for the InnerVu technician a current working SLT tape). From the MPE or UNIX prompt, customer's operator/system administrator can then start performing any d restoration, user and/or application procedure(s). The credit will be calculated on a basis of one month credit per incident if the time to repair commitments stated in this paragraph are not met In order for InnerVu to provide this service level agreement it requests the City to agree to the following requirements: 1. Two people per location will be authorized to call InnerVu. Authorized personnel will call InnerVu's Maintenance hotline number for all service related requests. (See Attachment A). 2. InnerVu will provide maintenance services according to contracted Minimum Support Period attematives listed in Table A2. InnerVu's standard maintenance charges include labor during coverage hours and spare parts, but does not include supplies or other consumable items. Standard maintenance service calls are not limited in number. Replaced parts become the property of InnerVu. 3. Maintenance due to the following causes is not eligible for credit under this Service Level Agreement and is subject to additional charges unless otherwise agreed to by InnerVu in writing: The City of Kent or any third party's negligence, misuse or abuse, including failure to operate the Equipment in accordance with the manufacturer's specifications; movement, transportation, or re-configuration of the Equipment not in accordance with the manufacturer's specificatiqft maintenance or repair of the Equipment by any party other than InnerVu, failu of Equipment including fire, water, failure or fluctuation of electrical power, inadequate cooling, acts of God, acts of vandalism or terrorism and damage ordinarily covered by Insurance 4. Unless agreed in writing, InnerVu shall not assume the Equipment warranty obligations of any manufacturer. 5. Unless agreed to in writing, InnerVu shall not provide maintenance or support for operating system or application software, except to provide telephone assistance on the routine use and operation of the Operating System. 6. City of Kent will maintain the site for the Equipment in accordance with the manufacturer's then current specifications. City of Kent must also provide safe and adequate working conditions for InnarVu's maintenance personnel, including space, heat, light, ventilation, electric current and outlets, and local telephone extensions. 7. City of Kent is solely responsible for (i) providing back-up equipment and services upon a failure of the Equipment; (ii) safeguarding all programs, data and removable storage media before InnerVu maintenance service begins; and providing all software support for the maintenance services performed {new, 20 City of%n; Washington Afinicompater Hardware and Sys um Software Maintenance InnerVu, including reloading programs and data after the completion of InnerVu maintenance services, system recovery, disk initialization, and proper application and recovery routines and procedures. City of Kent acknowledges that InnerVu's standard maintenance charges do not include the costs or risks associated with those activities. 8. City of Kent is responsible for ensuring that Equipment is in normal operating condition at the beginning of the maintenance period. City of Kent agrees to allow InnerVu, at InnerVu's option to conduct an on-site inspection of the Equipment to confirm that it is in normal operating condition and to inventory the configuration and to obtain component serial numbers. Any service necessary to return Equipment to normal operating condition is the responsibility of the City of Kent. Further, the The City of Kent agrees to have an Uninterruptable Power Supply (UPS) system that will allow the City of Kent's operator or system administrator to perform an orderly shutdown of the Computing Processing Unit (CPU) and related peripherals. 9. City of Kent is responsible for returning to InnerVu within ten (10) days of the end of the Agreement any parts consigned by InnerVu to City of Kent. City of Kent shall confirm to InnerVu when requested an inventory of any parts consigned to City of Kent. 10.InnerVu's liability to City of Kent resulting from maintenance service is limited to restoring the Equipment to operational status as described above. If unable to restore the Equipment, InnerVu may at its sole option may elect to replace the Equipment. InnerVu DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING, OR TRADE USUAGE. InnerVu DOES NOT WARRANT THAT THE OPERATION OF THE EQUIPMENT IT MAINTAINS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT InnerVu WILL CORRECT ALL MALFUNCTIONS. 11.InnerVu shall not be liable for any expense or damage incurred by the City of Kent, whether internal to City of Kent or paid by City of Kent to any third party, from a failure of the Equipment to function or due to any malfunction of the Equipment upon whatever cause of action any claim is based. Recovery for any claim shall not exceed an amount equal to customer's unexpired contract term. IN NO EVENT SHALL InnerVu BE LIABLE TO CUSTOMER FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND OR FOR ANY DAMAGES RESULTING FROM THE PERFORMANACE OF THE EQUIPMENT, A TEMPORARY OR PERMANENT LOSS OF USE OF THE EQUIPMENT, A LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. Inevu 21 City of Kent, Washington W1nicvnWutrr Hardware and System Software Maintenance Equipment Inventory Control InnerVu will provide the inventory control information to the City of Kent. To information will include: Type, Model, Serial Number, and Location. InnerVu's inventory strategy as it applies to this contract is to provide an appropriate stocking level to meet the time to repair commitment. A number of variables are used to determine stocking level including: equipment age; maintenance history at each customer's location; availability of parts; Mean Time Between Failure as published by the original manufacturer, customer technical expertise and continuity with the actual system to be maintained; distance from InnerVu's location; maintenance history from InnerVu's current 77 customers; technical service bulletin etc; and special needs or request from customers. Preventative Maintenance Service (The City has not asked for this type of service commitment in this RFP) InnerVu agrees to provide, at no additional charge, one visit per year to perform proactive services which may include reviewing system logs, proactively replacing parts that may become a problem, reviewing equipment with a focus toward equipment upgrades and providing advice on improving the operating condition of the equipment. Inneft's Preventative Maintenance strategy as it applies to this contra InnerVu believes that a thorough understanding of the communication process is th key to superior maintenance. The more contact with the customer the better the maintenance program. Whether or not a service call has been placed, InnerVu technicians make phone contact with each maintenance customer quarterly. The purpose of the call is to see what if any trends or concerns have arisen since the last onsite visit. It also assists the InnerVu technician and customer to prepare for the next preventative maintenance visit or schedule a service call to resolve any issues. While InnerVu contractually agrees to one preventative maintenance visit per year — InnerVu has been able to provide most of its maintenance customers two preventative maintenance visits per year Additional Equipment Maintenance Services InnerVu's maintenance programs include a number of options (some at no charge) not offered by the majority of maintenance providers. These additional features include: • Support of manufacturer and third party components. Unlike HP, InnerVu will maintain 3id party memory and most peripherals. • Market knowledge and expertise to source hard to find hardware for products supported beyond their End-of-Support date. 1191 tnp'avi, 22 City oj%n4 Waskinglon Minicomputer Hardware and System Software Mamunance • Optional telephone assistance for HP software related questions. Formalized software maintenance is available for an additional fee (See Attachment D for additional details). • InnerVu offers a more complete program called Personalized Professional Services for an additional fee (see Attachment 8 — Hardware Maintenance, Personalized Professional Services). The Personalized Professional Services Program (PPS) consists of four (4) scheduled visits to a customer's site. There are five (5) goals of the PPS program: 1. Ensure continuity of your systems performance through quarterly system reviews. 2 Monitor system performance, review trends and offer performance-tuning hints. 3. Assist in ongoing training of system operations personnel. 4. Review system administration policies and procedures and offer suggestions. 5. Create or make suggestions to your daily systems administrator action book. InnerVu will keep a copy of this book so we can proactively call your system administrator and make notes between visits. • Relocation services (for additional fee) • Hardware installation service (for additional fee) • Basic 30 day warranty on parts and equipment` • Extended warranty (for additional fee) is available, up to one year' 'On products purchased from Computech. Parts and Logistics Where are maintenance personnel located- Currently all maintenance personnel are housed in InnerVu's Kirkland, WA facility. From this location and with current manpower (8 technicians), InnerVu currently provide maintenance service for 77 companies including locations in Walla Walla, Yakima and Northern Idaho. Where are spare parts inventory stored: All spare parts are housed in InnerVu's Kirkland, WA facility. A $100,000 renovation was completed in March of 2000 on Kirkland facility to expand the quality assurance, testing and integration areas, as well as shipping, receiving, and inventory space. (22,D00 square feet) The Kirkland facility currently houses a large HP inventory. InnerVu also has maintenance customers where spare parts are stored onsite. How does InnerVu acquire the necessary parts: InnerVu leverages the worldwide supply channel built over the past 17 years by its "sister" company Computech. With this vast access to parts, InnerVu will be able to extend the life of HP products for a minimum of three years after the HP EOL date The company is currently supporting four (4) customers in the State of Washington (Tally, Sensitech, City of Kent and MR Data) where the HP equipment is five years beyond its EOL support. InnerVu obtains parts from a number of sources including, Injew, 23 Cuy of Keno Washington Minicomputer Hardware and System Software Maintenance • Hewlett Packard and other manufacturers • Distributors for new (product returns), used and surplus equipment. • 900 worldwide broker and remarketers. • The Global 3000 corporations for used equipment from our asset recovery program. • Leasing Companies. How do services such as equipment testing, repair and refurbishment occur All quality assurance testing, repair and refurbishment occur in the Kirkland facility. InnerVu's logistic and QA program include the following (See Attachment E for additional details): • Schedule all freight arrangements • Provide packaging materials • Perform "ship ready" packing to InnerVu (f needed) • Track unit serial numbers throughout the process of receiving, Quality Assurance testing, configuration and re-shipment • Provide reports containing all logistics information for incoming equipment. • Inspect all arriving equipment inside and out for physical damage. • Initiate freight damage claim process if damage has occurred. • Run Power On Self Test (POST) on all related equipment. • Perform off-line diagnostic tests on all related equipment to test electronic functionality. • Run all systems to verify that they are operational in an "on-line customer environment. • Update equipment to most current revision. • Refurbish equipment as needed (configuring, repairing, cleaning, etc). • Manage burdensome details such as: license transfers; Return Material Authorizations (RMAs), and resolving vendor dispute • Pre-package all equipment for future shipment. What warranty will be provided: InnerVu provides full replacement for all InnerVu provided parts for the life of the contract. For InnerVu maintenance customers all parts, onsite service, telephone support, at least one proactive preventative maintenance visit and hotline 7x24x365 service are included in the annual maintenance fee. InnerVu will, as part of a service agreement, provide initial response, problem determination and problem resolution for items under contract. InnerVu will also make written recommendations and offer training as to how to avoid the same problem. If the problem frequently re-occurs and the customer has not followed InnerVu's written recommendations InnerVu at its sole option may charge a Time and Material fee. (Current Time and Material Rate is $150 per hour with a 2-hour minimum). Configuration Changes InnerVu's process to ensure accurate equipment inventory for its maintenance customers starts with the Orientation Letter sent to every maintenance customer (S0 fro Vk 24 City of%nt, Washington MinicontpaterHardware and System Software Maintenance Attachment A). The Orientation Letter shows a listing of the equipment and associated serial numbers. As InnerVu technicians change or replace a part a notation is made on the service work order. This entry triggers an update to the customer record at InnerVu and a new inventory listing is generated for the customer. An updated version is then sent to the customer. Invoices are adjusted in two ways — monthly and quarterly. The service work order, mentioned above, is the vehicle used to note the change and trigger any needed invoice adjustments. For maintenance customers that pay monthly, invoices will be adjusted on the month after parts were added to or deleted from maintenance coverage. The change in the invoice will be based on the Contracted Maintenance Service Charges for that piece of equipment 18.) Describe your services to support system software patches and upgrades InnerVu has been providing software maintenance support for the City of Kent's HP 3000 model 958 for nearly three years. InnerVu welcomes this opportunity to expand our coverage to include the City's HP 3000 model 969 and HP 9000 model K570. InnerVu will continue to handle all software related calls via its Maintenance Call Process (see Attachment A) and provides the software maintenance service described in Attachment D. InnerVu has addressed MPEfix and HP-UX 110 system software patches and upgrades separately below. MPEIIx — InnerVu is currently providing maintenance for the HP software associated with the HP 3000 model 958. The City selected InnerVu since HP has dropped support for version 5.5 and 6.0 of MPE. Since the City does not intent to upgrade either machine (958 or 969) from MPFlx version 5.5, there is no reason to acquire HP's baseline or telephone assistance service Since the City has valid licenses for MPE/ix on both machines, the City is entitled to download patches or fixes from the HP ftp site. InnerVu will expand its telephone and onsite software maintenance to include the HP 3000 969 software. InnerVu will assist the City to perform a full system backup that can be used to "reload or reboot" MPF1x if necessary. The City must have a current working SLT tape onsite and accessible for the InnerVu technician(s). HP-UX — The City has two options with HP-UX In each option InnerVu will provide the telephone and onsite assistance 1. If the City does not intend to upgrade from HP-UX 11.0 to a new version of HP- UX on its current K570 server, then there is no reason for the City to purchase HP baseline maintenance for HP-UX This will save the City $1,740. Given the age of the K570, InnerVu does not recommend upgrading this system beyond HP-UX 11.0. In the future if the City acquires an application that requires a more current version than 11.0, InnerVu strongly recommends the City also acquire more current hardware. The more current hardware will come with a two user HP-UX license saving the City the time and expense to upgrade an operating ln*Vk 25 City of%nt, Washington Minicomputer Hardware and System Software Maintenance system. Since the City has a valid license for HP-UX 11.0, to operate on its K570 system the City is ent►tled to download patches or fixes from the HP t site. 2. If the City believes it will require a version of HP-UX beyond 11.0 within the next six (6) months and is willing to make the necessary hardware and software upgrades to the K570 systems then it should spend the $1,740 for HP baseline support. InnerVu does not recommend this option. InnerVu will handles all the calls via its Maintenance Call Process (see Attachment A) and provide the software maintenance service described in Attachment D. �t1Uu 26 City of%n4 Washington Minicomputer Hardware and System Software Maintenance Vendor Cost Proposal Please provide annual costs per machine on the options outlined in Table A2. Costs proposed for year 1 are valid for a period of 120 days * Table A2. Vendor Cost Proposal Minicomputer Minimum Support Year 1 Year 2 Year 3 Period HP 3000/958 8:00am — 9.00pm 4 See Attachment H See Attachment H See Attachment H hour Charge for support The T&M charge outside The T&M charge The T&M charge outside coverage of M-F B-9 is $225/hr outside of M-F 8-9 is outside of M-F 8-9 period hours. with a 2-hour minimum $225/hr with a 2-hour is$225mr with a 2- plus parts minimum plus parts hour minimum plus arts HP 3000/969- 8:00am — 9 OOpm 4 See Attachment H See Attachment H See Attachment H 200 hour 24/7 4 hour See Attachment H See Attachment H See Attachment H Charge for support The T&M charge outside The T&M charge The T&M charge outside coverage of M-F 8-9 is$225/hr outside of M-F 8-9 is outside of M-F 8-9 period hours. with a 2-hour minimum $225/hr with a 2-hour rs$225/hr with a 2- plus parts. minimum plus parts. hour minimum plus arts HP9000 K570 8:00am — 9.00pm 4 See Attachment H See Attachment H See Attachment H hour Charge for support The T&M charge outside The T&M charge The T&M charge outside coverage of M-F 8-9 is $225/hr outside of M-F 8-9 is outside of M-F 8-9 period hours. with a 2-hour minimum $225/hr with a 2-hour is$225/hr with a 2- plus parts minimum plus parts. hour minimum plus arts Cost proposal shall be valid for a period of 120 days. The City's Intent is to "lock in" rates for first year coverage. In the table A3 below, please respond to additional questions about Vendor costs and coverage periods. See Attachment H for detailed pricing 0 In 40l/a 27 City of gent, Washington Minicomputer Hardware and System Software Maintenance Please provide the following information related to coverage period and cost structure. Table A3. Vendor Coverage Periods and Future Costs. Question Response 1. The City is requesting maintenance coverage periods as follows: See response to question 17 and Attachment B • 8:00 a.m. — 9:00 p.m. 4 hour 24/7-4 hour Please describe any other coverage periods that are offered for HP3000/ See response to question 17 and HP9000 support. Attachment B. 2. If the City has HP-3000 equipment Yes. InnerVu will offer a Time and Material that is not covered by a support (T&M) Option. The City will pay an hourly agreement, does your company rate for service plus any parts used provide support at an hourly rate? The T&M charge M-F 8-5 is $150/hr with a 2-hour minimum plus parts. If so, please provide hourly rate. The T&M charge outside of M-F 8-5 is $225/hr with a 2-hour minimum plus parts 3. A key City goal is to predict future costs for multi-year agreements. Given the long standing relationship Please describe the method used to between InnerVu and the City of Kent determine year 2 and year 3 costs. InnerVu will agree to keep fee increases as small as possible. InnerVu uses the following rate increase calculation with the State of Washington's Center for Information Services. InnerVu will offer the same option to the City of Kent. See the formula listed below The following example illustrates the computation for determining percent change. CPI for current period 136.0 Less CPI for previous period 129.9 Equals index point change 6.1 Divided by previous period CPI 1299 Equals 0.047 Result multiplied by 100 0 047 x 100 Equals percent change 4.7 1meVa 28 City of%nt, Washington Minicomputer Hardware and SyaYem Software Maintenance Customer References -, 0 (MUST SUBNHT AT LEAST 3 REFERENCES) Reference 011: Organization State of Washington Department of Agriculture Contact Name Rex Richardson Contact Title Director of Information Services Address 1111 Washington St Olympia, WA. Telephone (360) 902-2002 Fax Reference #2• Organization Island County Contact Name Diana Vaughn Contact Title System Manager Address 1 N.E. 7"' Coupeville, WA. Telephone (360) 679-7405 Fax Reference #3• Organization City of Kent Contact Name Bob Olson Contact Title IT Manager Address 240 4"'Avenue So. Kent, WA. 98032-5895 Telephone (253) 859-3324 Fax (253) 856-4700 In'isUk 29 City of%ny Washington Minkvnipufe►Hardware and Systan Software Maintenance Other InnerVu Maintenance Customers are listed below: Please contact Frank Zaccari, PresidenVCEO if the City of Kent would like additional details: • Avtech Corporation • Children's Hospital • Computer Financial Service • Crane-Eldec • Crane-Interpoint • GMA Research • Chelan County PUD IMS Recovery Services • M-R Data • Nordstrom Direct • Olympic College • Pierce College • Daniel Smith • IBEW Credit Union • Mutual Materials • Shoshone County • Washington Athletic Club • Yakima Herald • Pierce County • Raleigh America • Alaska Distributors • Expeditors International • Tally • Pacific Market Research • Center for Information Services (CIS) n Va Clay of Kent, Washington Mmacomputer Hardware and System Software Mourtenancc Subcontractor Identification *lease provide the following information for each subcontractor included in this proposal. Organization: Organization Contact Contact Title Address Telephone Fax Email Please provide a description of Subcontractor's duties while performing work for the City. InnerVu is not planning to use any subcontractors for this contract. Since the creation of InnerVu, we have made the investments needed to strengthen our maintenance infrastructure. These investments allow InnerVu to provide onsite and telephone hardware and software maintenance in the Puget Sound with InnerVu employees. Using internal employees keeps the technical and customer knowledge within InnerVu. Our ratio of technicians to customers is 9.6 to 1 (8 technicians to 77 customers). For most maintenance providers this ratio is closer to 30 to 1 It is our understanding that HP ratio is greater than 25 to 1. The benefit to our customers is a higher level of service for the lowest possible cost. (See InnerVu's pricing in Attachment H). 1�Uk 31 City of Ken 4 Washington Miniconruter Hardware and System Software Maintenance Equal Employment Opportunity Declaration The City is committed to conform to Federal and State laws regarding equal opportunity. As such a* contractors, subcontractors and suppliers who perform work for the City shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier to adhere to An affirmative response is required on all of the following questions. The questions are as follows: I have read the attached administrative policy number 1.2. 1. InnerVu Corporation does not and will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental, or physical disability. 2. InnerVu Corporation provides a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 3 InnerVu Corporation actively considers hiring and promotion of women and minonties. 4. The requirements outlined in this adherence statement shall be complied with prior to the execution of any contract between InnerVu Corporation and the City. dy signing below, InnerVu Corporation agrees to fulfill the five requirements referenced above. Signed 'r�� Date_? f 02 Title President/CEO .new, City of%iu, Washington Mieicompate►Hardware and System Software Maintenance CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY: Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000, or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Oontract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state, and local laws,policies,and guidelines. V. 33 Cay ofBenA Washington Minicomputer Hardware and System Software Maintenance Attachment A - Maintenance Call Process • The 800-882-0394 number will ring at the call center on a 7x24 basis • If the pre-recorded message picks up the customer will hear. • "Thank you for call Computech and InnerVu's maintenance hot line All of our representatives are currently helping other customers. Your call is important to us, so please stay on the line and your call will be answered in the order received". • When the call center personnel answers the picks up the call he/she will say: • "Thank you for calling Computech and InnerVu's Maintenance Hotline. Are you a current maintenance customer?" If"No": Direct customer to the Computech number, 425-820-6500 x1001. If"Yes" The call center representative will record the following: • the time of the call • caller's name • company name • phone number • Assign and give to the caller a call tracking number based on the date and call number of the day. For example, the first call of the day on 7130/01 would be 073001-01. The second call that day would be 073001-02 and so on. Immediately page the InnerVu duty technician. • If no return call to the call center within 15 minutes, page the first backup. • If no return call within with 15 minutes, page the second backup. • If no response within 15 minutes, page Dan Miller — National Support Manager. • If no response within 15 minutes, call Frank Zaccan - President. • Duty technician will call the center and receive the customer's information and tracking number. InjeW, 34 City of Fen; Washington Miniconsprter Hardware and System Software Maintenance • Duty technician will then immediately call the customer to ascertain the nature of and start working the problem. First return call to the customer is averaging 28 minutes. a Escalation is left up to the judgement of the duty technician who will have the phone and pager numbers of the entire InnerVu staff as well as the HP response center. 3J City of%n4 Washington hrnicomputerHardware and System Software Maintenance Customer Satisfaction Survey - Service Delivery Overall level of satisfaction: 1. What was your overall level of satisfaction with this call for service ❑ Excellent ❑ Very Good ❑ Neutral ❑ Dissatisfied ❑ Strongly Dissatisfied 2. 1 would continue to use/renew the maintenance service. ❑ Strongly Agree ❑Agree ❑ Neutral ❑ Disagree ❑ Strongly Disagree 3. 1 would recommend this maintenance service ❑ Strongly Agree ❑Agree ❑ Neutral ❑ Disagree ❑ Strongly Disagree Degree of Importance Performance (1 = unimportant (1 =does not occur 5=very important) 5= always occurs) Call Center 1 Call answered promptly 1 2 3 4 5 1 2 3 4 5 2 Employee was courteous 1 2 3 4 5 1 2 3 4 5 Service Call flack 1 Returned call promptly 1 2 3 4 5 1 2 3 4 5 2 Was Knowledgeable 1 2 3 4 5 1 2 3 4 5 3 Understood my need 1 2 3 4 5 1 2 3 4 5 Service at Customer Facility 1 On bme 1 2 3 4 5 1 2 3 4 5 2 started to work promptly 1 2 3 4 5 1 2 3 4 5 3 Knowledgeable 1 2 3 4 5 1 2 3 4 5 4. Explained solubon 1 2 3 4 5 1 2 3 4 5 5 Had correct repair parts 1 2 3 4 5 1 2 3 4 5 6 Courteous 1 2 3 4 5 1 2 3 4 5 7 Professional appearance 1 2 3 4 5 1 2 3 4 5 8 Problem resolved in timely manner 1 2 3 4 5 1 2 3 4 5 Name Phone number (optional) (optional) 36 City of%n4 waskinglan M oicanparter Hardware and Systara Software Maintenance i Orientation Letter New InnerVu maintenance customers receive this orientation letter �ONrUT/CM Maintenance Hotline Number: 800-882-0394 The Maintenance Hotline call process When yW all the 24-hour,toll-free Maintenance Hotline number,you will speak with Quick one of our system operators.Every effort Is made to limit or eliminate hold tlme.To speed your service request,the operator will record such key information as Information . Time of the cap Be.wra anaas • Name of the cater m roawm.inrorneaaa yw.m . Name of organftaton '.q i s NOp1n' . Telephone number swill me"."Malin.N b,, The operator will provide you with a tracking number and direct you to hang up to 800-882-0394 await the on from the InnvVu duty technician. Client minutes operator will immediately contact the technician,who will call you back within 45 minutes to start the process of addressing your need,per your contract terns Covered Equipment List Your sorwee contract start data a II Your service level is Notes n 37 City gfLex4 Washmgtom Mmkvmpwer Hardware and System Software Maintenance Attachment B — Hardware Maintenance • Designed and implemented a senes of customized, onsite hardware maintenance programs: • 24x7 — four-hour onsite response, 24 hours per day, 7 days per week, including holidays. • 240 - two-hour onsite response, 24 hours per day, 7 days per week, including holidays • 8x5 —four-hour onsite response, Monday through Friday, 8 00 am to 5,00 pm local time, excluding holidays • 8x9 - four-hour onsfte response, Monday through Friday, 8.00 am to 9-00 pm local time, excluding holidays • Next Business Day (NBD) — next working day onsite service after the call is received, Monday through Fridays, 8:00 am to 5.00 pm local time, excluding holidays. • Depot repair of damaged units • "Hot swap' component replacement option • Next day replacement parts for self maintenance customer • Onsde (customer site) storage of spare parts option Additional Features InnerVu provides features beyond those offered by most hardware manufacturers Some of these features include: • Support of manufacturer and third party components Unlike HP, InnerVu will maintain 3r° party memory and most peripherals. • Provide maintenance for HP end-of-life (EOL) products. In four cases InnerVu is maintaining a system five years beyond its EOL date. • Market knowledge and expertise to source hard to find hardware for EOL products. • Basic 30 day warranty on parts and equipment' • Extended warranty is available, up to one year' • At least one onsite visits per year to perform proactive services that include: 1. Review error logs—and proactively replace parts that may become a problem 2 Review current equipment—propose replacing problem parts with newer equipment 3 Review maintenance call records and offer"bps" and advice. 'On products purchased from Computech. 38 City of Kent, Washington Minicomputer Hardware and System Software Maintenance Hardware Infrastructure Since the creation of InnerVu, we strengthened our maintenance infrastructure to provide onsde and telephone hardware and software maintenance on a regional basis. The current infrastructure includes: • Call tracking software. • A Contract Manager position has been established to oversee the contractual and administrative functions of the program. • Professional call center service with a dedicated 800 number and live operators is under contract. This service answers every maintenance call, records pertinent information and follow a four-level dispatch process (based on 15 minute increments)to ensure every call receives a quick response The initial return calls by an InnerVu technician, not an administrator or dispatcher, are averaging 28 minutes. • A $100,000 renovation was completed in March of 2000 on the Kirkland facility to expand the quality assurance, testing and integration areas, as well as shipping, receiving, and inventory space. (22,000 square feet) Additional Maintenance Programs Maintenance Service Elements InnerVu Corporation provides national direct maintenance and emergency repair for HP, SUN and IBM equipment, with a selection of on-site hardware and software services, parts programs and customized professional services. All plans include a staffed, 24x7x365 Help Desk Hotline. On-Site Hardware & Software Services This direct, on-site maintenance service is available in for both hardware and software. Response levels range from two hours (24x7) basis to next day response. Self Maintenance This program enables technically "confident" companies to combine any or all of the Parts Programs with real-time walk through" phone assistance by InnerVu engineers This eliminates the time and cost of on-site repairs and works best with Personalized Professional Service. Parts Program Our flexible Parts Program enables clients to fine tune a response to their specific needs through a selection of four plans: Next Day Parts; On-Site Spares; Hot Spares, and Depot Repair. Personalized Professional Services (PPS) PPS is a three4evel maintenance enhancement service which compliments a client's existing maintenance program. PPS provides proactive maintenance built upon an extensive, initial on-site system evaluation, followed by regularly scheduled quarterly system reviews 39 City of Ken4 Washington Minicomputer Hardware and System Software Maintenance Attachment C - Ellos of Account Support Personnel Frank Zaccari. President & CEO Frank Zaccad currently serves as President and CEO of Computech and InnerVu Frank brings a 23-year track record of providing immediate and sustainable results His specialty is identifying and implementing new revenue streams for companies looking to"turn around'and/or overcome static revenue and profit scenarios Prior to joining Computech. Frank served as Vice President of PDC Solutions, a reseller of storage management hardware and software. He designed and implemented a professional service organization to realize multiple sources of revenue and maximize operating gross margins. Prior to PDC Solutions, Frank served as Vice President of Sales and Marketing for Pacific Access, a Sun VAR. He re-organized the business and sales model, created a professional services division and turned a multi-million dollar annual loss into $1M in net profit within 18 months. Prior to Pacific Access, he created the first sales organization and tripled sales and profits at BASIS, Inc within three years He assisted in positioning BASIS to be acquired He created the first sales division office focused exclusively on state and local government and served as a product manager at the Columbia, South Carolina manufactunng facility for NCRIAT&T Frank gamed experience in establishing international distributors during his time as Director of Sales and Marketing with Century Analysis (a manufacturer of transaction processing and connectivity software) Mr Zaccan is a graduate of California State University at Sacramento with a BS in Finance He also completed the Management Development for Entrepreneurs program at the UCLA Anderson Graduate School of Business in 1997. Emle Grillo - Technical Services and Logistics Manager Ernie Grillo brings 21 years of HP experience. Ernie celebrated his tenth anniversary with Computech in August 2002. He is a HP Technician integrating both HP hardware and software systems to customer specifications. He also provides both pre and post-sales customer support and monitors ComputecVlnnerVu technical support line Ernie was employed with Hewlett-Packard for 10 years in the Bellevue Sales office He served in the inventory control, hardware and software contracts, and information technology departments. Paul Allen, Field Su000rt Manager Paul Allen brings 30 years of HP experience and serves as InnerVu's Field Support Manager Paul has been with Computech Systems since 1988 and is currently serving as the Field Support Manager for InnerVu Corporation He has been involved with the support of field HP service operations since 1977 Paul was recently appointed a Charter Board Member of the MPE Certification Program. The board oversees, training and testing for MPE professionals. Paul started work at Hewlett Packard in 1975 performing in-house maintenance for the entire Santa Clara division. In 1977, he transferred to the Bellevue office as a customer engineer ICE) and five years later he was promoted to CE District Manager As a CE, Paul has maintained all platforms of MPE and all series of computer systems starting with the HP3000 Series I, and was voted Employee of the Year by the sales and engineering staff As a District Manager, he developed and maintained a high level of Customer Satisfaction through out the Northwest area and the state of Alaska. Paul was involved in the initial relationship between the Washington Community College Computing Consortium (WCCCC) and Hewlett Packard attending meetings and workshops to develop a working relationship and the support logistics. Since joining Computech, Paul has been involved in the installabon/de-instaliation and repair of MPE and Unix installations throughout the United States He has installed disk drives and memory, sold by Computech, as either an add-on or upgrade to many of the Community and*o City of%tat, Washington Mr dcomprrter Hardware and System Software Maintenance Technical Colleges He recently performed a disaster recovery for Cardinal Distributing in Ontario, CA when one of their warehouses in Phoenix,AZ, burned to the ground. Paul was also the technical coordinator for the Weyerhaeuser data center relocation He is managing the service delivery to 41 customers supporting hardware and software on both the Una and MPE platforms. Paul is a certified HP Customer Engineer, a certified HP Systems Administrator and has a certificate in Oracle Database Management. Steve Lennon — Field Enolneer Steve brings over 5 years HP hardware experience, 5 years UNIX and 1 year MPE.As part of the internal IT team, Steve recently performed a major upgrade to Computech and InnerVu's internal network. This included upgrading all of the servers to Windows 2000, deploying new desktops with Windows XP and upgrading the network to 100BaseT switched Steve has a strong background in large enterprise environments working with Storage Area Networks (SAN) and Network Attached Storage (NAS) from companies including Verrtas, ADIC, HP and IBM Prior to InneNu, Steve worked on a contract basis for a number of companies in the Seattle and Los Angeles areas including The Fred Hutchinson Cancer Research Center, Coldwell Banker, Trammell Crow Residential and AAA California Previous to that Steve served as a Network Systems Engineer for Children's Hospital in Seattle. There he was responsible for over 100 servers, 3000 users and 2,500 desktop machines in a mule of Windows NT, Windows 2000, Linux, UNIX and Solarms Zach Ahrens — Field Engineer - Zach brings 10 years of technical support experience to InnerVu He is CompTIA A+and Net+ certified, has 10 years of UNIX experience and has worked intensely with MPE for the past year Before joining InnerVu Zach was an on-site contract trainer for Knowledge Alliance in Bellevue He traveled around the Puget Sound teaching day-long and evening classes for hardware, software and network certifications Before that Zach spent 4 years working with K-12 education putting laptop computers in schools and supporting them He started at Peninsula School District helping to support approximately 1000 teachers and 10,000 students using mobile laptop labs and new Internet accessible networks (with cables run by parent volunteers) He also designed and implemented the tech support department at Forest Ridge School in Bellevue There he supported middle and high school students and teachers, designed a repair tracking system, taught a high school database design class, a middle school Flash animation class, and 'out-of- the-box"student laptop initiation sessions Dan Miller, National Support Manager — Dan served as President of Open Systems Management (OSM), a reseller of systems management solutions including Hewlett Packard HP- OpenView,Computer Associates CA-Unicenter, IBM SystemYew, Tivoli TME10 Prior to Open Systems Management Dan had over 15 years experience with the HP 3000 series. He worked for 7 years as Operations Manager at Wester Data Corporation, a leading consulting firm with stroT bes to the HP community Pnor to Wester Data, Dan worked for 3 years as the 1", 2ntl,and 3 shift operator at Generra Sportswear He also worked on a contract basis for a number of local customers including McCaw Communications, Weyerhaeuser, Federal Home Loan Bank Larry Numata -Chief Financial Officer&Contract Administrator Larry Numats currently serves as CFO, Corporate Secretary and Contract Manager for Computech Systems and InnerVu Corporation He will serve as Contract Administrator for this contract �l City of Sent, Washington Minicomputer Hardware and Sysfcm Software Maintenance Prior to joining Computech, Larry was Regional Controller for Trammell Crow Company, a leading commercial real estate company. He was responsible for reporting on a client portfolio that generated $80M in annual revenues, as well as all internal reporting and forecasting Larry was the Controller at US WEST Paging, a company with $60M in revenue and $100M in assets He was instrumental in development of a budgeting and forecasting tool, and the assimilation of a ' $20M acquisition Prior to U S WEST Paging, Larry was the Director of General Accounting for Horizon Air, a publicly traded regional airline that was subsequently acquired by Alaska Airlines Before joining Horizon Air, Larry was the Assistant Controller at Thousand Trails, a publicly traded membership camping organization He was responsible for financial accounting, audits and SEC reporting. 42 City of Sent, Wasbinglon MinicompWer Hardware and System Software Maintenance Attachment D— Software Maintenance Program InnerVu can also provide telephone support for HP software. The customer receives Base Line software maintenance from HP. This gives the customer the right to software releases, patches and updates. InnerVu handles all the calls. The InnerVu software maintenance infrastructure includes: • Telephone Assistance. The customer may request assistance in software problem solving via telephone on a 24 hour, seven day basis. Return calls are averaging 28 minutes. • Remote Dial-in Support. With customer authorization, remote diagnostic procedures may be implemented to solve problems in a timely fashion • Software Update Installation Assistance. Assistance in performing software update installations will be performed at the customer's convenience on a 24 hour, seven-day basis, provided that the customer has received the update media directly from Hewlett-Packard under a current or past Software Matenals Subscription agreement. • Monthly Capacity Management Reports. On a monthly basis, the date to be arranged by mutual consent, the system will be accessed via dial-up modems to retrieve capacity, reliability and security data that is collected on an on-going basis. 43 City of Sent, Waskingtoa MinicompaterHardware and System Software Maintenance Attachment E — Parts and Logistical Services Part of the $100,000 building remodeling project completed in March 2000, included the expansion of the very successful InnerVu 4-A Technical Service Program. The four"As" represent: Advanced Automated Asset Audit The 4-A program gives InnerVu the ability to accommodate large and complex orders (25 + systems for the same customer) andlor multiple individual orders. We average over 150 outgoing and 100 incoming orders per month With our recent remodel, we are positioned to triple this service. InnerVu offers both a base and expanded 4-A program. The 4-A base Program: 1. Coordinate all shipping and packaging logistics- ■ schedule all freight arrangements ■ provide packaging matenals • perform "ship ready" packing to InnerVu (if needed) ■ track unit serial numbers throughout the process of receiving, Quality Assurance testing, configuration and re-shipment 2. Provide reports containing all logistics information for incoming equipment. 3. Inspect all arriving equipment inside and out for physical damage. 4 Initiate freight damage claim process if damage has occurred 5 Run Power on Self Test (POST) on all related equipment. 6. Perform off-line diagnostic tests on all related equipment to test electronic functionality 7. Run all systems to venfy that they are operational in an "on-line customer " environment. 8. Update equipment to most current revision. 9. Refurbish equipment as needed (configuring, repairing, cleaning, etc). 10 Manage burdensome details such as. license transfers; Return Material Authorizations (RMAs), and resolving vendor dispute. 11.Pre-package all equipment for future shipment 44 City ojSen; Washington hlmicompater Hardware and System Sojtxmne Maintenance Attachment F - Customer Testimonials Testimonial letters are included from: • Children's Hospital Foundation, Seattle, WA • Crane Eldec Corporation, Lynnwood, WA • Harvard Pilgrim Health Care, Quincy, MA • IBM — Prime contractor for the Weyerhaeuser data center relocation, SeattlelTacoma, WA • Shoreline Community College, Lynnwood, WA • WestJet, Calgary, Alberta RainMaker Software, Richardson, TX 45 Childrren's Hospital Foundation July 28,2000 Mike Tobias InnerVa Corp/Computech 1]421 NE 120' St Kirkland,WA 98034 Dear Mr.Tobias, I wanted to write to you to let you know how much I appreciate the service we receive from your company. We have had Computech hardware support since 1994 In that time, service has been prompt Calls to your office are dealt in a timely and polite manner, service personnel have been extremely helpful.They not only repair problems, but offer alternate solutions When we were ready to make a significant hardware purchase,our contact in your office was willing to meet with us several times and came up with a solution that took into account our current systems as well as looking to what we will need in the future I would not hesitate to recommend InnerVu/Computech to any business needing to buy or support hardware and software. Sincerely, A Julie A Taylor Manager of Donor Information 0 'R00 inn;Fro,. 'Aa,N t PC 8m S17 S-attic VjShngFvi aFtoti 0111 ,,Jt& ,76 710' Lls - ► TFLFPBnryF AM •.l.L! TWAIELE. 9104•wl811 CASVLMF ESB495if 44\EMI\! IYb i]11Z]i CRANE ELDEC CORPORATION 1670013TH AVENUE WEST MAIL PO Box 100 LYNNWOOD WASHINGTON 48046-0TW Computech Systems Corporation 11421 NE 120th St Kirkland,WA 98024 Dear Mr Beighle, I have been very remiss in not writing this kaer sooner In November we switched from a 911420O system that We had upgradedlpurchased through you to a 937 that We obtained from you During this process Chuck Hinchctdle was Invaluable His input to this process was what made the difference between its success and failure During one pan of the switch over,I had a major configuration problem that(as these things invariably do)happened late at night Chuck came into help and than called another of your employee's, Dave Bell in to consult with us Through their efforts the system Was smotissfully brought up so that production could continue the next day I was very impressed With both Chuck and Davies professionalism,level of knowledge and dedication to helping that customer,and thankful that I had access to their services Also their good humor made an othervnse tedious and frustrating task very comfortable and pleasant This type of service is what W r have come to routinely expect from Chuck and is the main reason that we have our HP3000 maintenance with Computech His professionalism knowledge, dedication and level of service is always so high,that d sets the standard for what We expect from all our other service personnel . Anyway,I want to belatedly thank both Chuck and Dave for their outstanding service in this particular instance, and point out that both of them are a real credit to your company at all times The lateness of this letter a certainly not a rellectron of how we feel about their service or contribution s Thanks, Sincerely Yours Doug Whipple Data Base Administrator Eldec Corporation L4 Z- Hjnnrlw Harvard Pilgrim Hir,w f Pdgnm m l Mi 112n% I n1 N w Healthcare I'Ilgnm Hcalrl. Cam July 1{, 1999 Doug, Rm--entl%.our cumpant pumhased an I IP3000 979 300 from J uur orgaruz ruun_ 1 would like to take this opponualty to express my gratitude and appreciation towards Computech tie ctems Corporation by citing the work and efforts of Jean Badten and Greg McDule throughout this process Iltruughuut the rntur process- from the tmual sales quutr until the s-,btem was installed At our site - both Jean and Grcg cormanlly made even effort to ensurc that wr w-erc picaacd wrath our purchase Thcv made me feel m rf the purchase and -,ubs quent Imudlauun of the 979 300 was of the utmost importance to them Jean and Greg were a piea+urc w deal with and always courteous, customer oriented_ foetidly and professorial It wu_s nhlioty, that their goal was to make our evpenencc with i omputerh S%stems Corparrtion an amiable and 4nl.Ceb\ftrl vctuure 4ot only win the ctipcncmc.umable and successful. but it was rewarding for me to deal with such quaht} people. Simerri". '- Steven Ruacatore llarvard Pilgnm health C'arc'HPztl 01 cchmcal tiupp.rrr fls wd Pdgnm 1"th UK. Inc. • .INI r r,—e. r_.-6m, [tree QUMLi \61> 11UWdn021(19 I"i5 111111 ti5 -� - Y c= 7=0 Inrernauonal Busmess Machines Corporamn i2DO Fitch Avmuc Scattic WBshing[on 9810I April 25,2000 Bob Good Computeeh Systems Corporation 11421 NE 120th Street Kirkland,Washington 98034 Dear Bob. Thank you again for an outstanding job on the Weyerhaeuser project! I was Impressed with 1 our team's reliability,knowledge,and professionabsm You contributed to a highly successful project Enclosed are my business cods,per our telephone discussion on April 24,2000,should you or your team encounter data center opporturuties in the future where we can work together again � $lIDcerelt', Monica Petersen Project Executive (206) 587.5923 LI q Shoreline COMMUNf1Y COU-EGE Wednesday, May 03,2000 Computech Systems Corp 11421 N E 1201h St Kirkland,WA 98034 To Whom It May Concern This letter is to thank you all for making my experience with your company such a pleasure. Not only did your staff Chuck HinchdiHe and Patrick O'Connor, provide excellent service but their friendly and supportive attitudes made me feel secure that this very important implementation was going to be successful Again, thanks for your support and cooperation Sincerely, C�3. W. �I I Bonnie L Madison Technology Support Services Shoreline Community College blm I6101 Greenwood Avenue North i Seattle, WA 96133-5696 USA 9 I206) 546-4101 LI s 46 95 aACArvbh Mani N E Calgary.Alberta T1E W 7b1apltona-(403)735,M o fan:(to*)m-4549 Billy Gracie HP Ad--,stiator Wallet Aultnes Calgary,Alberta,Canada March 20,2001 Mr Dmpuctotta Computech Systems Kirkland,Washington,USA Mr piscrona I thought 1'd drop you a note to let you know how impressed we have bem with the relationship that you and we here at Westlet Amines share We have purchased several items from Computech Systems, ranging from terminals and communications devices,up to full scale HP e3000 systems,online and ottline storage basically the whole gamut of products From the first quote,through negotiations,delivery and after sale service and support,we have every reason to come back. And we do come back- I personally deal with several hardware and software suppliers My experience with Chuck Rogers his li rn exceptional Chuck has developed our relationship to be very mformal and personal,while achieving the roost professional levels of service He has acquired a good understanding of our business this to mr showcases bus attention to detail. It's this aftennoo to detail that has made Computecb ooc of our primary contacts whether it's larger item to enhance our infrastructure,or some very educated advice One more item 1 believe deserves mention your support team is himastici Enough said. Yours very truly Billy Gracie Westlet Aulmes Lf From Paul Nem[SMTP pnernwrainmakerlegal com] Sent Monday, March 25,200212 26 PM TO: larynecomputech com Subject Employee recognmon Larry, My name is Paul Nem and 1 am a Senior Systems Engineer at Rainmaker Software(formerly Compubw) As you may know from Dan and Nichols we have purchased numerous refurbished HP3000 systems over the years from Computech. I travel to the various firms we resell the systems to and setup the refurbished systems and restore system and application software from the old to the new systems In most cases everything goes smoothly.On a few occasions I run into a problem where I need technical assistance from Computech. I have had the opportunity to recerve technical support from Emie Grillo a number of times over the last few years.The worst case in point was this past weekend while I was in Chicago installing a 939 system I had talked the customer through unboxing,cabling and tooting the system about 10 days ago The system was up and running Before I got there Fnday afternoon, the customer shutdown the system and moved it about 4 feet to its permanent place in their server room When I amved I could not boot the system I called Emie and gave him the fault messages the system was displaying and he was convinced the"system board' was bad Ernie ovemighted a replacement board,which I received on Saturday moming. I had asked Ernie if there was a way I could get in touch with him on Saturday if I had any more problems Without hesdation,he gave me his home phone number After I installed the replacement board Saturday morning, it resolved the fault I was getting, but then farther along got a different fault message I called Ernie at home and he was going to make a few calls to see d he could find out the erns message since he didn't have the error manual at home While waiting for a call from Ernie I called HP to see if they could point me in a direction to resolve the error.The engineer at HP searched their database of error information and advised me that the problem was either the console,console cable,or console port I took the known good console and cable off the system being replaced and still received the same error.The conclusion was that the console and cable are good so the port must be bad.When Ernie and 1 got back in touch it was around 4pm Pacific Time Ernie offered to go to your office, pack up a MFIO board and drop it at Fedex so I would have it this morning I asked Ernie to make sure Fedex would be opened by the time it would take him to get there He said he would check and get back to me in 15 minutes When he called back he advised me he wouldn't have enough time to get to Computech and get to the Fedex drop-off before it dosed So the only thing he could do was wart until today to get the part out. I have been in the customer support arena for 20 years and have dealt wdh bad,average and above average support personnel Emie is definitely in the above average category There aren't many support people who will give you their home phone number or offer to go into the office and try to get a replacement part shipped to you on a Saturday afternoon. I'm sure had the timing been better, Emie would have had the replacement part shipped on Saturday. Many times people of EmWs caliber go above and beyond their duties but are seldom recognized for thew customer commitment In a tit of cases,management may not even know when an employee has gone that extra mile Please take a moment to thank Emie for me for his efforts and commitment over the past weekend He epdomizes what a customer support engineer should strive to be. Sincerely, Paul Nem Rainmaker Software 972-234-4241 yS - 7 City of Ken4 Waskington Minicomputer Hardware and System Software Maintenance Attachment G — Environmental Specifications Openstrp Temperature 5 deg C to 40 deg.C(41 deg F to 104 deg F) Non-openbng Temperature -40 deg C to 65 deg.C(-40 Deg F to 165 deg F) (without internal DDS-fomret dine) -40 deg C to 45 deg.C(40 deg F to 113 deg.F) (with intemalDDS-format drive-tape media limit) Maximum Rate of Temperature Change 20 deg C(36 deg F)Ilour (without tape media) 10 deg.C(18 deg F)Riour(with tape meda) High Speed Fan(Activated) 30 deg C to 38 deg C(86 deg F to 100 4 deg F) Overtemp Warning 40 deg.C to 48 deg C(104 deg.F to 118 4 deg F) Overtemp Hardware Shutdown Overtemp Warning+2 deg C(-3 deg F) Operating Humidity 20%to 80% RH max wet bulb=26 deg C non-condensing Non-operating Humidrty 5%to 80%RH non-condensing less than 30%RH/hr rate of change Operating Altitude 0 to 3048 meters(10,0001t) Non-operating Altitude 0 to 4573 2 meters(15,000 fl) Heat Dissipation Standard chassis(max Load) 1,300STURrr Heat Dissipation Expanded chassis(max Load) 2,600 BTURir Operating Vibration(random) 0 0001 g'/Hz,5 to 350 Hz -6dB/Odave,350-600 Hz 0 0005 g2Mz. 500 Hz 0 S ( Non-operating(sloe) 0 g(peak),5 to 500 Hz Shock(non-operating) Edge drop from 2 Sin Above floor Sound Power -5 8 Bels(A weighted)(0<37 deg C(Standard Chassis) -6.2 Bels(A weighted)@<37 deg C(Expanded Chassis) City of Kent, Washington Minicomputer Hardware and System Software Maintenance Attachment H — Detailed Pricing InnerVu has provided two sets of detailed pncing. The first is the price if the City requires Errors and Omissions insurance. (InnerVu has proposed what it believes is a more appropriate insurance language in Appendix B the Contract Section of this response). Note this price is higher as InnerVu must incur a cost that may not be necessary. Should the City eliminate the Errors and Omission Clause, InnerVu will reduce the cost to the City by the amount of the Errors and Omissions insurance premium Based on the seven-year relationship with the City and the opportunity to provide hardware and software maintenance on two additional systems, InnerVu has priced its response as aggressively as possible. The proposed pricing is based on the City contracting the three systems with InnerVu. Currently the City pays InnerVu $31,000 annually for hardware and software maintenance on just one system (the HP 3000 model 958). If the City selects the most expensive proposed option it will receive hardware and software maintenance on two additional systems from InnerVu, a trusted partner, for an additional $10,180. Rate Increases: InnerVu has not increased it prices to the City over our seven- year relationship. InnerVu will make every effort to continue this trend. However in the unlikely event a price increase is necessary, the increase will be limited to the CPI index (see formula on page 28). Under no circumstance will an annual price increase in year two or three exceed 3%. City oj%nt, Washington Minkompater Hardware and System Sojtwere Maintenance City of Kent Minioompmter Hardware and System Software Maintenance Pricing K 570 8>9 Hardware -Qy Unit « Extended Monthly Amnuel A3641A K570 Server w256MB HD ECC memory 1 5300 00 $300.00 256M18 for K-Ckty 4 $O 00 $O 00 K-Class I BOB FWD SCSI-2 Dnsk 4 $34 00 5136 00 CD-ROM Drive 1 SO 00 $0.00 A3542A 126bDDS-3 DAT Tape Drive 1 542.50 $42.50 A28696A 20MB FWD SCSI Inortaoe 1 5000 SO.00 10 Base-T LAN Adapter 1 SO 00 50.00 HP-PB 16 Chemrel RS-232 Modem Conn.M= 1 SO.00 f0 00 FWD SCSI-2 Controller 2 So 00 $0.00 9 IGB LP disk upgrade 8 $20 00 $160 00 HSC I00B-T We port l® 2 $0 00 $638 50 $7,66L00 K570 8x9 Soft" E2083A Phone mAnt 1 $173.25 SI7325 52,079.00 Errors and Ommwnons lasurance 51,474.00 Total Annual Cost,K570 8x9 511215.00 Future,years with CPI-based once increase not to exceed 3%annually Year 511,551.45 Year S11,89 " %9-200 erg Hardware Qty Unit Price Extended MomhW Annual A3212A HP3000 Senes 969-200 1 5412 00 5412.00 KnttyHewk Processor 2 SO 00 $O 00 16 Meta Cabinet I SO 00 SO 00 1281,01 Memory 2 S0 00 SO 00 4GB FWD SCSI-2 Disk Drives(SeWW) 4 S17 00 S68 00 43GB SCSI-2 Dusk Dnves 2 $17 00 $34 00 Disk Rack Enclosure I sow $O 00 A3542A 12GB DDS-3 DAT Tape Drive 1 S4230 S42 50 $556.50 56,678.00 %9-200 W Software Phone to MPEhX Fundamemal OS 1 5256 50 $256 50 Ph"in 64 User License 1 $2625 $2625 Phone to IMAGWL 1 SO 00 SO 00 Phone to IMAGE/SQL 64 user 1 S96 75 S%75 Phone to HP BasrcLbre for HP3000 computers 1 50.00 SO 00 Ph"in HP Phorc-m 1 SO 00 SO 00 Phone in NS3000AX Network Services License 1 S13S0 513.50 Phone in TtnboStmrh7C 1 $O 00 SO 00 > 5393.00 54,716.00 Errors and Ommisions lonnmce $1,72L00 Total Auaal Cost%9-200(110) 513,116.00 Future,years with CPI-band orvet beenease not to exceed 3%menuslly Year2 513,509.48 Year 3 $13,914.76 In AV" 48 City of%nr, Washington Minicomputer Hardware and Spleen Software Maintenance %9-200 24x7 Hardware Qty Unit Price Extrnded Monthly Annual A3212A HP3000 Series 969-200 I $473.90 $473.80 KittyHawk Processor 2 WOO SO.00 16 Meta Cabinet 1 SO OO SO 00 128MB Memory 2 $0.00 $0.00 4GB FWD SCSI-2 Dusk Drives(Seagate) 4 S19 55 57920 43GB SCSI-2 Disk Drives 2 S19 55 539.10 Disk Rack Enclosure 1 SO 00 $0.00 A3542A 12GB DDS-3 DAT Tape Drive I S48 88 $43 88 5639.98 57,679.70 %9.200 24x7 Software Phone in MPUX Fundamental OS I 5256 50 525CSO Phone in 64 User License 1 52625 52625 Phone in IMAGEISQL 1 SO 00 SO 00 Phone in iMAGFJSQL 64 user 1 $%75 S%75 Phone in HP Basid me for HP3000 computers 1 SO OO SO 00 Phone in HP Phone-m 1 SO 00 SO 00 Phone in NS300OliX Network Services Liaase I S 13 50 51330 Phone in TurboStorefiX 1 SO 00 SO 00 5393.00 $4,716.00 Errors and Ommissiom Insurance SI,72230 Total Annual Cult%9-200(240) 514,118.00 Future Years wfth CPI-based price increase not to exceed 3%nonaally Year 2 544,541M Year3 514,977.79 958 BX9 Hardware 4ly UM Pnce Extended Monthy Annual A1701A HP3000 Series 958 1 5455 00 5455 00 C2474S 1 3GB SCSI Dusk Internal 2 S8 00 S16 00 A3304A 2013 SE SCSI Disk 6 58.50 $51,00 4GB SE SCSI Disk ST34371 N 2 S 17 00 534.00 4GB SE SCSI Disk S73253ON 2 S17 00 $34 00 A3542A 12GB DDS-3 DAT Tape Drive 1 $42 50 542.50 2345A DTC49 2 $30 00 560.00 SCSI Storage Tower 2 SO 00 SO 00 2564E HP 600LPM Line Prima 1 S60 00 S60 00 HP LasaJet 5Si 2 S35 00 S70 00 $922 50 59,870A0 958 8X9 Software phone in MPFJiX Fundamental OS 1 5205 20 $20520 phone in Unlimited User License 1 S21 00 521.00 phone in HP GlamxPlus 1 SO 00 SO 00 phone in BSC-RJEAX right-to-use License 1 SO 00 SO OO > phone in ALLBASE/SQL 1 $25 80 $25 80 phone in IMAGF/SQL I S25 80 S25 80 phone in TuiboSmrerox 1 SO 00 SO 00 phone in Cobol U1iX compiler I 525.80 S25 80 phone in BSC L'mkhX 1 SO 00 SO 00 phone in DnctonaryN 1 SO 00 SO 00 phone in NS3000(iX Network Services Luxnse 1 S10 80 SIO 80 $314 40 53,77280 Errors and Ommmioes lnsumnee 52,2114.00 l n&Vm *9 CRY of Kent; Washington Minicomputer Hardware and System Software Maintenance • 958 8s9 Fntare veers with CPI-based price increase not to exceed 3•A annually Year2 S16,322.20 Year 3 S16,911.67 Option 1-With E&O Insurance Aaaud K570(8-9) $11,215 00 969-200(&9) $13,116 00 958(8-9) S15,846.80 Total Option I S40,177.80 Option 2-Without E&O Imurance Annual K570(8-9) S 11,215.00 %9-200(&9) S13,116 00 958(8-9) S15,846 80 Reduction for waiver of E&O Insurance (S3,40&00) Total Option 2 S34,777.80 Option 3-With E&O Insurance Annual K570(8-9) S11,215 00 969-200(24:7) S14,118.00 958(8.9) $15,946 80 Total Option 3 S41,179.80 Option 4-Without E&O Insurance Annual K570(9-9) $11,215.00 969-200(24:7) $14,118.00 958(8-9) S15,846.80 Reduction for waiver ofE&O Insurance MVNA0) Total Option 4 S35,779.80 �f7 50 City of Rent, Washington Minicomputer Hardware and Ststem Software Maintenance Appendix B — Terms and Conditions 1.0 Terms and Conditions In addition to all statements made in the RFP related to the procurement process, the following terms and conditions will be applied to any contract entered into with the Cary 2.0 Definitions Request for Proposal or RFP Request for Proposal or RFP means the City's published document seeking proposals for HP3000 and HP9000 Hardware and System Software Maintenance Support issued on August 28, 2002 Response to RFP Response to RFP means vendor's response to City's RFP, dated September 11, 2002. 4.1•.2.1. Payment Method All payments shall be made in U S Dollars within forty-five (45) days of invoice, so long as City has accepted and approved the products and services listed on the invoice 3.0 Termination Either parry may terminate this Agreement, with or without cause, upon providing the other party thirty (30 days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant 4.0 Responsibilities The City is responsible for Providing access to Data Center and equipment Providing appropriate backups of system software Provide a reasonable working environment Provide system information as requested Appendix B B-1 City of Rent, Washington Minicomputer Hardware and System Software Maintenance The vendor is responsible for Providing support services Following the City's security procedures. Providing the City with replacement parts of equal or higher quality. 5.0 Timely Service and Corrections 5.1. Timely and Professional Service Vendor services Jae-shall be performed in a timely and professional manner Vendor further represents that the services furnished under this agreement will be performed in accordance with industry practices in accordance with generally accepted industry practices in effect at the time those services are performed 6.0 Warranty Warranty information is included in the vendors RFP response 7.0 Indemnification Except for liability that is solely the fault of the City, its officials, officers, employees, agents, and assigns (each of the foregoing hereafter referred to individually as the "Indemnified Party"), vendor agrees to defend, indemnify and hold harmless the indemnified parties from and against any and all third party claims, actions, losses, liabilities, judgments, awards and costs (including attorney fees and legal expenses) arising out of or in connection with the negligence of the vendor in the *3rformance of this agreement including, without limitation, the infringement or violation of any third arty's trade secrets, proprietary information, trademark, copyright, patent right or other proprietary right. Vendor shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that City gives the vendor prompt notice of any such claim of which it learns No settlement that prevents the City from continuing to use the software product(s), other products or software documentation as provided in this agreement shall be made without the City's prior written consent In all events, the City shall have the right to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing. This indemnification is limited to the software products, other products and software documentation delivered to the City or as modified by the vendor and does not cover third party claims ansing from modifications not authorized by the Licensor This indemnification shall also survive the expiration or termination of this agreement 8.0 Damages and Limitation on Liability Vendor's indemnification shall apply to all damages incurred by the City or third parties, whether direct, indirect, actual, consequential or incidental However, vendor's liability for damages to the City for any cause whatsoever, regardless of form of action, whether in contract, or tort, shall be limited to $200,000. 9.0 Insurance Vendor shall procure and maintain for the duration of this agreement, insurance against claims for dunes to persons or damage to property which may arise from or in connection with the performance 0, the work by the vendor, their agents, representatives or employees. Appendix B B_Z City of Kent, Washington Minicomputer Hardware and System Software Maintenance A,9.1. Automobile Liability Automobile liability insurance (including commercial automobile liability insurance) covering all owned, non-owned, hired, leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident Commercial General Liability Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, products-completed operations, independent contractors and personal injury and advertising injury The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. Insurance shall be written with limits no less than $1 ,000,000 each occurrence and in the aggregate • Errors and Omissions -(Note after speaking with insurance companies — both the insurance companies and InnerVu question the need for errors and omissions on an equipment maintenance agreement InnerVu will simply be replacing parts HP parts with HP parts Error and Omissions applies when a vendor is developing and/or introducing products (hardware or software) The state of Washington agreed to remove its errors and omissions clause for InnerVu recent maintenance contract with the Center for Information Services dated April 10, 2202 — Contract number 020408 We ask the City to eliminate this requirement. inerVu suggests that the City add • Crime Coverage with a deductible not to exceed $1 million, and coverage of not less than million single limit per occurrence which shall at a minimum cover occurrences falling in the following categories Computer Fraud, Forgery, Money and Securities, and Employee Dishonesty "9.2. Excess Liability Excess Liability with limits not less than $1,000,000 per occurrence and aggregate _Deductible Any payment of deductible or self-insured retention shall be the sole responsibility of vendor. 1?.6.9.3. Endorsement I With the exception of Errors and Omissions insurance, which shall be provided orf a claims- made basis, the City, its officers, officials, employees, and agents shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the vendor. The vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the vendor Appendix B B-3 City QfEeni, Washington Minicomputer Hardware and System Software Maintenance Coverage Vendor's insurance shall contain a clause stating that coverage shall apply separately to each insured 10gamst whom claim is made or suit is brought, except with respects to the limits of the insurer's ability Primary Vendor's insurance shall be primary insurance as respects the City, and shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to the City of any cancellation, suspension or material change in coverage PAM. Failure A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute a material breach of contract by vendor. The City reserves the right to then award the contract to another bidder. In order to protect the public interest and notwithstanding any provisions herein to the contrary, vendor's failure to comply with any provision in this section shall subject the contract to immediate termination without notice and without recourse by any person. 10.0 Vendor's Right to Terminate The vendor may terminate this agreement if the City fails to make timely payment as provided in this agreement, so long as the vendor has first provided the City with written notice of that default and the default has not been corrected within thirty (30) calendar days from the date of receipt of vendor's written notice of default 0.1. City's Right to Terminate This agreement may be terminated by the City if the vendor is in default of any provisions of this agreement, so long as the default is not corrected within thirty (30) calendar days of the receipt of written notice of the default from the City For the purposes of this Section 10.1, "default" shall include, without limitation, any failure to abide by the terms or conditions of this agreement including the City's RFP and vendor's response to RFP, together with any of the instances of the following: ♦ Vendor defaults on any of the terms of its contract with the City; ♦ Vendor ceases its ongoing business operations, ♦ Vendor fails to perform the contract in a timely fashion, ♦ Vendor suffers any act of insolvency Appendix B B-I City of Sent, Washington Mmtcomputer Hardware and System Software Maintenance 10.2. Termination for Convenience he City may terminate this agreement, including all related agreements (e g maintenance agreements, etc ) in whole, or from time to time in part, whenever the vendor is prevented from 1101 proceeding with the project work by reason of a preliminary, special, or permanent restraining order from a court of competent jurisdiction where the issuance of such restraining order is primarily caused by either acts or omissions of the vendor or by acts or omissions of persons or agencies other than the vendor Additionally, the City may also terminate this agreement in whole or in part if the City's Information Technology Director determines that termination is in the best interests of the City_y providing the vendor with 30 days written notice 10.3. Claims Any claim for damages incurred by either party resulting from breach of this agreement by the other party shall survive termination The remedies provided herein shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies provided by law and equity No delay or omission in the exercise of any remedy herein provided or otherwise available to vendor shall impair or affect its right to exercise the same 11.0 Attornevs' Fees Subject to the indemnification and limitation of vendor's liability provisions set forth in this agreement, if any action or suit is brought with respect to a matter or matters covered by this agreement, each party shall be responsible for all its own costs and expenses incident to such proceedings, including reasonable attorneys' fees 2.0 Governing Law • The construction and performance of this agreement shall be governed by the Washington State Uniform Commercial Code, Title 62A Revised Code of Washington, and other laws of the State of Washington without regard to the conflict of laws provisions thereof. If parties are unable to settle any dispute, difference or claim arising from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. 13.0 Entire Agreement This agreement, together with City's RFP and vendor's Response to RFP constitutes the entire agreement between vendor and City and shall not be modified or rescinded except in writing, signed by both parties In the case of inconsistencies or disputes among this agreement, the City's RFP, and the vendor's response to RFP, the following order of precedence shall prevail in descending order of priority. Appendts B B-5 City•of Sent, Washington Minicomputer Hardware and System Software Maintenance ♦ This agreement and any written and fully signed amendments thereto ♦ The City's RFP and any Armen amendments thereto ♦ The vendor's response to RFP and any authorized written amendments or clarifications thereto. If any terms or conditions of this agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions shall not in any way be affected or impaired 14.0 Notice Any notice required or permitted to be made or given pursuant to this agreement shall be sufficiently made or given on the date of mailing if sent to the other party by certified mail, postage prepaid, addressed to the other party at the address set forth below. Appendix B B-6 Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: CITY COUNCIL RULES & PROCEDURES RESOLUTION— ADOPT 2 SUMMARY STATEMENT: Passage of Resolution No. amending the rules and procedures for the city council, city council meetings, and council committee meetings The city council, pursuant to Resolution No 1562, revised its rules and procedures for the city council, city council meetings, and meetings of council committees Because of the increased demands and expectations placed on the council caused by extensive growth in the community during the past decade, it is appropriate to clarify and further define the council president's role. 3 EXHIBITS: Resolution 4 RECOMMENDED BY: Operations 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. 6D RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, amending Resolution No 1562 relating to rules and procedures for the city council, city council meetings, council committee meetings WHEREAS, the city council, pursuant to Resolution No 1562, established rules and procedures for the city council, city council meetings, and meetings of council committees, WHEREAS, the city council desires to update and revise those rules and procedures, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. - Appheybdity The rules and procedures contained herein shall govern all meetings of the council of the city of Kent, Washington and committees thereof unless suspended by the city council as provided for herein Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid L COUNCIL PRESIDENT- - MAYOR PRO TEMPORE SECTION 2. - Tenn The city council shall elect from its members a president of the council during the month of January in the even numbered years on or 1 Amendment—City Council Rules&Procedures before the second regular meeting of said month The council president so elected shall serve a two-year term SECTION 3. - Major Pro Tempore The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present The mayor pro tempore shall act as mayor and assume the authonty and perform the duties thereof whenever there is a vacancy in the Office of the Mayor or the mayor is absent from the city or is unable for any cause to discharge the duties of mayor The assumed duties shall include, but are not limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extendmg official recognition of groups and events SECTION 4. - President Pro Tempore A president pro tempore may be appointed by the council president in the absence of the duly-elected council president The president pro tempore shall have the same authority and duties as the council president If the president pro tempore is absent or unavailable, the councilmember in attendance who has served longest, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore SECTION 5. - Duties and Responsibilities The council president shall perform the following duties and responsibilities 1 aAdmmister the council budget, including oversight and approval of expenditures, 2 sSet the council's agenda, in coordination with the mayor and city clerk's office,,—, 3 fRefer proposed ordinances and resolutions to the appropriate council committee, 4 and—may—eCall for a workshop or a meeting of the council committee of the whole, as needed, 5 In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensus, 2 Amendment—City Council Rules&Procedures 6 Direct correspondence on behalf of the council as appropriate, with consent of council, 7 Act as council liaison to the mavor's office on polices consideration, including elements of timing, 8 The eo~neil ..resident shall aAppomt the membership of each established committee and the committee chairpersons by the third regular meeting of the year, 9 The e ~eil president Substitute for an absent councilmember on any of the council's committees at the request of the committee chairperson-, 10 Coordinate and schedule retreats or other meetings for annual review and update of council visions and goals for the city, I Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views 12 Serve as a council focal point for council, mayor, and staff, and 13 Discern councilmembers' areas of interest and/or expertise II. COUNCIL MEETINGS SECTION 6. - Regular Meetrnzs Pursuant to Kent City Code 2 01020, the regular meetings of the council shall be held on the first and third Tuesday of each month except that during the month of December of each year, there shall be only one regular council meeting to be held on the second Tuesday of said month If any such day of a regular meeting is a legal holiday, the meeting shall be held on the next business day All council meetings shall be held in the city council chambers of city hall at seven o'clock p in unless otherwise determined by the city council SECTION 7, - Special Meetings Special meetings or hearings of the council maybe called by the mayor or any three members of the council by written notice delivered to each member of the council at least twenty-four (24) hours before the time specified for the proposed special meeting or hearing In addition, the city clerk shall 1-0 3 Amendment—City Council Rules&Procedures give notice of such special meeting as further provided for in RCW 42 30 080 The notices provided in this section may be suspended pursuant to RCW 42 30 070 in the event a special meeting is called and there is a need for expedited action due to fire, flood, earthquake or other emergency. SECTION 8. - Presiding Official Regular meetings of the council shall be presided over by the mayor, if present, or the council president who shall be mayor pro tempore In the absence of the mayor and council president and council president pro tempore, the acting president pro tempore as set forth in section 4 shall preside The presiding over a meeting by the mayor pro tempore, president pro tempore or by an acting president pro tempore shall not in any way abridge that member's right to vote on matters before the council during such meeting SECTION 9 - Forfeiture of Office Pursuant to RCW 35A 12 060, a councilmember shall forfeit office if he or she fails to attend three consecutive regular meetings of the council without being excused by the council SECTION 10. - Quorum At all meetings of the council, a malonty of the council membership shall constitute a quorum for the transaction of business SECTION 11. - Maiorav Vote Action by the city council requires the affirmative vote of a majority of members voting at a legal meeting except that the passage of any ordinance, grant or revocation of any franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council Emergency ordinances as defined by state law shall require the unanimous vote of those councilmembers present at the meeting SECTION 12. - Executive Sessions The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to RCW 42 30 110 and RCW 42 30 140 No official action shall be taken during any executive session No member of the city council, employee of the city or any person 4 Amendmen/—Cery Council Rules&Procedures present during an executive session shall disclose to any other person the content or substance of discussion which took place during the session, unless a majority of the council authorizes such disclosure Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other personnel as authorized by the city council SECTION 1.3. -Agendas Only items that have been previously discussed by a council committee shall be put on the agenda for a council meeting, unless approved by the council president The order of business of all meetings of the council 1 Call to order/Pledge of allegiance, 2 Roll Call, 3 Changes to the Agenda, 4 Public Communications, 5 Public Hearings; 6 Consent Calendar, 7 Other Business, 8 Consideration of bids, and related matters, 9 Report from standing committees and staff, 10 Report from special committees, 11 Continued communications, 12 Executive Sessions (as required) 13 Adjournment SECTION 14. - Public Coniniumcation No person shall address the council without the permission of the presiding officer except during the third, fourth, fifth, and eleventh orders of business set forth in Section 13 above When addressing the council, each person shall proceed to the speaker's podium, unless otherwise directed by the presiding officer, and shall state their name and address for the record and state the subject they wish to discuss Remarks will be limited to the time allocated by the presiding officer for each speaker All remarks shall be pertment to the subject matter at hand and shall be addressed to the presiding officer and the council as a whole and not to 5 Amendment—City Couucd Rules&Procedures any member individually No questions shall be asked of a councilmember or member of the city staff without the permission of the presiding officer No one shall use any impertinent, degrading or slanderous language to the presiding officer, coumcilmember, staff or other member of the public or otherwise engage in disruptive behavior Such conduct shall constitute grounds for removal from the council chambers at the council's direction SECTION 15. -Added Agenda Items A member of the public, councilor the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda,by raising the issue during changes to agenda Such item shall then be considered with the consent of the council SECTION 16. -Mayor Participation The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president to take the chair SECTION 17. - Councilmember Conduct While the council is in session, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refusing to obey the order of the presiding officer The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon the journal thereof, may expel a member from the council meeting by two-thirds (2/3) vote of the membership of the council in attendance at that meeting SECTION 18. - Fotin Discussion by members of the council shall relate to the subject matter at hand and shall be relevant and pertinent Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body Any councilmember who abstains from voting without a valid reason for such abstention shall be deemed to have cast their vote with the majority on any issue 6 Amendment—City Council Rules&Procedures so voted upon Tie votes shall be lost motions and maybe reconsidered unless such tie is broken by the mayor's vote if permitted pursuant to RCW 35A 12 100-120 At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the "ayes" and "nays" shall be recorded in thelournal SECTION 19. -Motions for Reconsideration A motion to reconsider any action taken by the city council may be made only on the day such action was taken Such motion may be made only by one of the councilmembers who voted with the prevailing side Nothing herein shall be construed to prevent any councilmember from making or remaking the same or any other motion at a subsequent meeting of the council SECTION 20. - Sununoned to Meetnnzs Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council During meetings of the council and its committees, city officials, employees and members of the public shall observe the same rules of order and decorum as are applicable to members of the city council SECTION 21. - Ordinances, Resolutions and Contracts - Presentation No ordinance, resolution, contract document or other matter for consideration shall be prepared for presentation to the council unless ordered by a majority of the council, or requested by the mayor, or submitted by the city attorney unless otherwise approved by the council president All ordinances, resolutions, contract documents and other such material shall, before presentation to the council and its committees, have been approved as to form by the city attorney and shall have been examined and approved by the department head having jurisdiction over the subject matter of such ordinance, resolution and contract document, or by his or her duly authorized representative SECTION 22. - Parkanientary Rules The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure The presiding officer shall rule on issues of parliamentary procedure, unless 7 Amendment— Crry Cauiict! Rules&Procedures overruled by a majority of the councilmembers present Robert's Rules of Order (latest revision) shall govern the deliberations of the council except when in conflict with any section herein SECTION 23. - Suspending the Rules When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly When there is an objection to suspending the rules, it shall require a vote of majority of the members present to suspend the rules III. COUNCIL COMMITTEES SECTION 24. - Established There are hereby established the following five standing committees each of which shall consist of three councilmembers a chairperson, and two other councilmembers councilmembers shall be appointed to a committee by the council president for a two-year term 1 Operations Committee The operations committee shall consider all matters related to the general fiscal and financial conditions and operations of the city This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, ment system development and other items in coordination with the operations department and other departments as appropriate This is not to be construed as a limitation or infringement upon the executive powers of the mayor 2 Parks Committee The parks committee shall consider all matters related to planning and implementation of recreational facilities, programs and activities in the city, including but not limited to, the Kent Senior Center, Resource Center, Kent Commons, Riverbend Golf Course as well as coordination of programs and activities with affected school districts 8 Amendment—City Council Rules&Procedures 3 Planning Committee The planning committee shall consider all matters related to community growth and development including, but not limited to, planning of the physical, economic, aesthetic, and social development of the city, including, without limitation, the city's Comprehensive Land Use Plan, Zoning Code, housing policies, annexation policies, and human service operations A Public Works Committee The public works committee shall consider matters related to rights-of-way and water, sewer, and storm drainage systems It shall also consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signalization, maintenance, telecommunications and other related matters 5 Public Safety Committee The public safety committee shall consider matters related to police and fire protection, including, but not limited to, law enforcement, firefighting and emergency response services, hazardous material, controls and general dispatch SECTION 25. - Duties and Respotisihikties The council committees shall consider all matters referred to them All proposed ordinances or resolutions and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president, PROVIDED, however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor Each committee chairpersons shall report to the council the findings and/or recommendations of the committee SECTION 26. - Quorimi No committee shall act in the absence of a quorum, which shall consist of at least two members At the request of the committee 9 Amendment—City Council Rules &Procedures chairperson, the council president or another councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy SECTION 27. - Committee of the Whole Council workshop meetings where the council sits as a committee of the whole shall be held at such time and location as announced by the council Public input shall be permitted at council workshops at the discretion of the city council SECTION 28. - Committee Reassignments The city council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees SECTION 29. - Severabihty If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance SECTION 30. - Rah icalion. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 31. - 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 2002 CONCURRED in by the mayor of the city of Kent this day of ,2002 JIM WHITE, MAYOR 10 Amendment—City Council Rules&Procedures ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the city council of the city of Kent, Washington, the day of , 2002 BRENDA JACOBER, CITY CLERK 11 Amendment—Crry Council Rules& Procedures Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: CITY COUNCIL AGENDA FORMAT CHANGES —APPROVE 2. SUMMARY STATEMENT: Approval of changes to the City Council summary agenda page format, as recommended by the Operations Committee on October 15, 2002 3. EXHIBITS: Summary Agenda Information Page 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 6E N J y L Q p 0 vNi g O d p C T� �O N Q L W E 1 r mZN .- aw E n^- > ac w of mi° c °c° d�°Y ma E `v x `d'= � m � � A�uv C C C[ d A A Qj AL dL an d O d d _d_ NHs 00 aLd cvv - di9 c aTL uC od � °' NavEJ E - ...0 C d V Gn WL N,�L C A of C d t9 C d O d .d. E O d d m S d C A O E m c L E � a ud o d E. n v u v � N c d L ac Eu d '° a.Tjd - cEz ` N o_ 9- oO9 .c uV Ncv EL E v • � vc� c ''= eo..T. cv� v a m� uLNNo ao O £ 3m° � vN y .c � Eaoncv� ' S?� ? � o ' O >> d ,a d 600t 'M s v ° ny °m � 3 - v � ci No E i o'�9 d c'qo E� u v A ° u a s N c `° E= vF J udi-O c � v v • u c N v c E nL c T _ q n p ai E = c v ; 9 E JU dm LmOvpO '0 °v JCy UEJO EN ENy'OOd C Q m Qm n� EU m a ° m `° m e i5 °u u =-o ti �S U E v ° E H a v o d N LAJ v wJ zo ° > uSv >' a m y U m o 'a c L � oE -LNj OmV dL .d. Evuvd L O d � Ur o/ Jv=" . .0 Evo �vQab � vz U `r mE E `d �E Uma cUuc O 2 ° v E -. E o -y E'. coo= J C a i =-E � m p y U N` n 0 u d 'vJ O d V vU Nx ° d E q '= o L'O w-o O d T C Y V y >L u— u O v E c `d N �' E_ - ` E c oo-o 0 V o o v c o Oct EU ory LJJ dLt '�o' � „ V AL � �� Eoo � c-°gym iyo1E U �`r �3n o LAA = cN TUU w ; �. .. c E u Q_. d c °> > O �, oa. oon W N 'd^ Ln c 0 N OV V C N9 q = U3a amp Cv� U�� ��L NY > C v N y 0 C y 0 0.L K �'v o d m • A v c N E v 0.c 3 ='-� z U E E.c Q d v �' o c v o a mL� 1° mac S v c p_Ao O � u 0= oca co= C . . . c NE E m &UE E N E o o E E d cc 3u J � N c `HU� v =3VUum V- H_U O v Nv -yvui a-y o i;� LL � ro C S W= j 3 C Y3 N • E EEIj =� , co NY o V1 VOo _° u ON c o v F ti F O 0= J a °� - U C �� _°� T LL Q U M u r� O Lu =L p a ' U 3 d rJ i z p N " N v -_ ?>>O U C C COO O >- p m ry O m U> m U n w L d uw d T9 V N �n d o d d A v Z d v ^ • ti v > O F F Y C p ° ° v� E _� 6V �' C U v N � T ra E rSt r` nOF .� U �J C V d j L T O d T C C d Z U 3 m— J =C O C •. v'J • U d �! A C .nTA a'= L t3E m_ °. vwo � vai QoOQ 4m ovT oo oo� LL6 �e and Nv oy M Ems oU °n N - � n� n c o d u ,t u v v ° �v v o a C u ^� m in v0mvdas `num QU > a E h� mr < .oC Q tiUvu, Kent City Council Meeting Date November 5, 2002 Category Consent Calendar I SUBJECT: GARRISON CREEK IMPROVEMENTS — AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign a Washington State D.O.T. agreement which provides the city funding in the amount of$299,965 for improvements to Garrison Creek, and directing staff to accept the funds and establish a budget for the funds to be spent within said projects. 3. EXHIBITS: Public Works Director memorandum and agreement 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. 6F PUBLIC WORKS DEPARTMENT Don E Wickstrom,P E , Public Works Director Phone 253-856-5500 KEN T Fax 253-856-6500 W/.SMINGTOM Address 220 Fourth Avenue S Kent,WA 98032-5895 Date October 21, 2002 To Public Works Committee From Don Wickstrom, Public Works Director Regarding Garrison Creek Improvements The City Public Works Department has been intensively maintaining and studying the Garrison Creek reach upstream from SR-167 for the last several years There has been a large movement of sediment material through the creek system which repeatedly collects in the vicinity of the creek crossing of S 2181h St and downstream The collection of sediment creates potential flooding of the S 218"' St bridge and causes the stream to split into multiple shallow channels, or braid, once it flows downstream of the bridge A portion of the creek flows to the northwest towards the S 2121h St off ramp from SR-167. During moderate winter storms, the water flowing towards the off ramp backs up and rises over the off ramp and forces the Washington Dept of Transportation to close the ramp The US Army Corps of Engineers is currently progressing on their Green/Duwamish Ecosystem Restoration Plan The purpose of the plan is to improve the overall health of the Green/Duwamish River ecosystem for fish and wildlife species by restoring the amount and quality of spawning and reanng habitat, as well as water flow and quality The Corps plan includes a variety of projects throughout the watershed As a result of the City's studies of the creek and its participation in the Corps plan, the US Army Corps of Engineers included a project to restore the portion of Garrison Creek upstream of SR-167 to more natural conditions Part of this project includes restoring the creek between S 218`h St and SR-167 The Washington Department of Transportation, in its attempt to solve the flooding problems for the SR-167 northbound off ramp at S 212`h, has been coordinating with City of Kent staff The state has proposed replacing the culvert under the off ramp with a larger culvert. As an alternative, the State is offering to give the City the money($300,000) they would have used to construct the larger culvert In exchange, the City would incorporate a solution to the state's flooding problem into their creek restoration design This could take the form of rechannelmg Garrison Creek through the wetland area between S 218`' and SR-167 so that it doesn't braid and divert northwesterly towards the offramp A plan sheet is attached which shows the conceptual project as included in the Green / Duwamish Ecosystem Restoration Plan MOTION Recommend authorization for the Mayor to sign the grant agreement in the amount of$299,965, direct staff to accept the grant and establish a budget for the funds to be spent within said project Washington State �, Department of Transportation Organization and Address City of Kent State Participating 220 Fourth Avenue South Agreement Kent, WA98032-5895 Work by Local Agency Section/Location Actual Cost Garrison Creek Culvert Replacement Agreement Number Description of Work GCA 3345 Restore existing stream to its original channel State Route Number Control Section Number 167 1765 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 II 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 for the described work as shown on Exhibit"B", attached hereto Partial payments shall be made by the STATE,upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs Incurred These payments STATE for approval prior to advertising the project are not to be more frequent than one(1)per month It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any dem and that,at the time of the final The STATE may, if d desires,furnish an inspector on the audit,all required adjustments will be made and reflected in a project.Any costs for such inspection will be bome solely by final payment the STATE All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. DOT Form 224-067 EF Reheed 1=001 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. DELETION OF WORK In the event the estimate of cost, Exhibit"A",is in excess of Reimbursement for increased work and/or a substantial change m $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 directirig 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 it 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, wrthn or adjacent to the right o1 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 work Should the STATE exercise its option to delete work, the Upon completion of the work outlined herein,all future operation STATE agrees,upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and 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 EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the cost provided herein 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 Date Approved as to form: Kent City Attorney is DOT Form 224-067 EF Revised 16d2001 Exhibit A Estimate of Cost GCA 3345 I. Right of Way $0 11. Constriction $ 232,965 M. Prelummary Engineering $67,000 Total Estimated Cost $299,965 To be paid to CITY by STATE Note: This payment satisfies 100% of the STATE's obligation to this PROJECT Exhibit A GCA 3345 page 1 of 2 Garrison Creek Culvert Replacement PIN # 116714D MP 22A5 TO MP 22 15 PROJECT TITLE: . SAFETY CATEGORY: HAC HAM HAL Risk PROJECT SCOPE: Date 5/29/2002 Prepared By: A Omar Checked By: Asst. Development Eng.: Program Management: Environmental Review: ESTIMATE: I, RIGHT OF WAY $0 11 CONSTRUCTION 1 Preparation $10.000 Removing Paint Stripe $0 Remove Catch Basins - $0 Removing RPMs $o Clearing and grubbing $6,500 Gravel Borrow Inc] Haul $o Roadway Excavation $3,500 Remove Asphalt Curb $0 Remove Guardrail $0 2 Structures $84 000 Concrete $0 Retaining Walt(Conc) s0 Steel Bridge $0 Retaining Wall(Other) $0 Box Culvert sm,000 Misc $0 3 Surfacing&Paving $3 900 Surfacing Type Ballast $0 Paving Type Pre-Level $0 Surfacing Type C S T C s0 Paving Type ACP G A $0 Surfacing Type C S B C $1,500 Paving Type ACP Cl B $2,400 4 Roadside Development $25,200 Fencing $0 Planting $0 Seeding, Fert,Mulching $5,200 Root Wad $5,000 Temp Water Pol Control $15,000 Crack sealing $0 5 Traffic Services&Safety $41,500 Guardrail $20,000 Guideposts $0 Conc Barrier $o Raised Pavement Markers $0 Signals $0 Asphalt Curb $1,000 Illumination $0 Traffic Control $20,000 Signing $0 Rumble Strips $0 Striping $500 6 Misc (5%) $8,230 7 Construction Subtotal-Lines 1 through 6 $172 830 8 Mobilization(7%of Line 7) $12 098 9 Subtotal(Lines 7&8) $184.928 10 Sales Tax(8-6%of Line 9) $15,904 11 Other Environmental Permits&Mitigation $0 r 2 Subtotals(Lines 9 through 11) $200.832 13 ConsL Erg (12%of Line 12) $24,100 Contingencies(5%of Line 12) $8,033 $32 133 14 State Work Force $0 15 Construction Total(Lines 12,13,14) $232,965 III PRELIMINARY ENGINEERING(By Supplemental Budget) $67.000 TOTAL ESTIMATED COST $299,965 Exhibit A GCA 3345 SR 167 Garrison Creek Culvert N N T D D BS = q' C" N N O v w 5 zI e � � x 5 N r N o Gu b z Ln ZZ i E D o � 6 IE Ln 0 15 .a.+ 34 f � aS F n�rt F 5i 6Z °C SZ S �u� HS ° eE b1 } G1 T 1 1 C A b i � J 0 liq i 52 jj�• 2� � 11�,,V �•1 11�4 �I�� �1`1 ■ 1\•NI �ill, 11NN���'Nj i4, j � I 11111�h A MN it � lii�i�l � 1 � u _ 1 1 e _ B' `J I t - •- � f � m i % r /I o4Q EDa ED l ' ' £ ❑Col QQQQ❑ [1 �O000000 I \NENDYK\green\mill\NENGXGS\GAAPPLN3 Awg J — — � VALLEY PM § _ \ § § / � � | m | n § � ) ) \ ] | r § 2 « \k 0 \ zw\ , 00000 : /00 § § | § � � , | § k § \ C ! \ ° © / « A ® @ \ \ § / A. \ ¢ / — . ; \ 000c \ . \ j %/0 / ° \ � §% � d, &\\ | ; & �'� 3 . , \ g �- ; � ■ I O a S Z § � § ' ® o � / 05 lie ! ■ � z � § q E5 0 | | � � o � 7 OtD AVE S OD | � \ \ |\ * | `k N ® @ �$ § ] ) § , ! / § . � fLj w � Or | • | g) o R | > § ! / � > . � \ lox d § � ■ { � | | | § , . J § % aM % ` 9 | § X | 001, { r | § 41wtr-- _ all§�$ § � § | § ■ j \ Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1. SUBJECT: LID 352 — 1ST, 3RD & 5TH AVENUE SOUTH STORM DRAINAGE IMPROVEMENTS —ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the LID 352 — 1 st, 3rd & 5th Avenue S Storm Drain Improvements project as complete and release the retamage to Scarsella Brothers upon standard releases from the state and release of any liens. The original contract amount was $1,124,166 43. The final contract amount was $1,253,173.65. 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. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E , Public Works Director KENT• Phone 253-856-5500 w sH cro Fax 253-856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date October 21, 2002 To PNickstrom, Works Committee From D Public Works Director Regarding LID 352 - 1 st, 3rd & 5th Avenue S Storm Dram Improvements The LID 352 - 1st, 3rd & 5th Avenue S Storm Dram Improvements contract was awarded to Scarsella Brothers in the amount of$1,124,166,43 The final construction cost was $1,253,173 65 The primary reason for the overage on LID 352 had to do entirely with the unstable, groundwater- saturated soil that was excavated for the storm sewer pipe The soil trench collapsed, causing a larger than anticipated excavation Also, the unstable trench bottom required more than anticipated over-excavation and the addition of stabilizing rock to keep the pipe from moving Combined, these conditions required more base rock, more backfill material, more surface rock and more asphalt to restore the roadway to its pre-construction condition Instead of just an asphalt patch in the roadway, the streets required a full-width overlay. Adequate funds exist within the project budget to cover this overage MOTION Recommend Council acceptance of this project as complete Kent City Council Meeting Date November 5, 2002 Category Consent Calendar I SUBJECT: SALE OF SURPLUS EQUIPMENT—AUTHORIZE 2 SUMMARY STATEMENT: As recommended by Public Works Committee, authorization to declare certain city vehicles/equipment no longer needed by the City as surplus and authorize the sale thereof at the next public auction. 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 OKEN T Phone Fax 253 856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date- October 21, 2002 To- Publiorks Committee From Don ickstrom, Public Works Director Regarding Surplus Equipment Attached is a list of vehicles/equipment that is no longer needed by the City and have been replaced We are requesting that they be declared as surplus and sold at the next public auction MOTION Recommend authorization to declare the listed vehicles/equipment as surplus and authorize the sale thereof at the next public auction •- L PUBLIC WORKS Don E Wickstrom, Director OPERATIONS DIVISION Larry R Blanchard, Manager KE O T Phone 253-856-5656 w.s Ni.c.o. Fax 253-856-6600 Mailing Address 220 Fourth Avenue South Kent,WA 98032-5895 Location Address 5821 South 240th Date October 15, 2002 To Don Wickstrom, Public Works Director From Alice Conrad, Fleet Superintendent 15Zti Through Larry Blanchard, Operations Manager lAA to-19-oz-- Subject Request for Council Approval to Surplus Replaced Equipment The following vehicles comply with current replacement policy guidelines and have been replaced These vehicles/equipment will be sold at auction or sold to smaller cities We are recommending that the City Council authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below 3160 1998 Ford Crown Victoria Police Interceptor, s/n 2FAFP71W6WX112352, 68,644 miles This unit was totaled and removed from service on 5/2/2002 3145 1994 Kawasaki KZ1000 Police Motorcycle, s/n JKAKZCP2ORB512103, 25,838 miles, and 3147 1994 Kawasaki KZ1000 Police Motorcycle, s/n JKAKZCP25RB512100, 36,711 miles Both of these units were replaced several years ago and are no longer needed for training purposes 3171 1997 Kawasaki KZ1000 Police Motorcycle, sln JKAKZCP27VB515462, 38,485 miles The vehicle is starting to show signs of wear and has exceeded its expected 4-year, 30,000-mile life cycle 3174 1997 Kawasaki KZ1000 Police Motorcycle, sln JKAKZCP26VB515467, 25,557 miles This unit was removed from service and determined totaled as a result of vandalism related to sugar in the fuel tank Removed from service on 8/21/01 3184 1999 Ford Crown Victoria Police Interceptor, s/n 2FAFP71WXX155504, 96,753 miles This unit currently needs a complete engine replacement and was removed from service on 12/10/01 3209 2000 Ford Crown Victoria Police Interceptor, s/n 2FAFP71W5YX156B94, 48,137 miles The unit was totaled and removed from service on 419/2001 6516 1995 Chevrolet ''/2 Ton Cargo Van, s/n 1 GCEG25H3SF133184, 110,100 miles This vehicle was assigned to the parks maintenance department and has been heavily used It was removed from service on 5/7/2002 6523 1987 John Deere Tractor, s/n CH3043D212943, 7,943 hours. The tractor was assigned to the parks maintenance department and removed from services on 7/31/2002 6524 1987 Ford New Holland Tractor, s/n UL30352, 5,555 hours This tractor was also assigned to the parks maintenance department and removed from service on 7/31/2002 8761 1988 Chevrolet Celebrity, sedan, s/n 1G1AW51 W3J6225782, mileage at 77,862 This vehicle was originally assigned to the fire department until it was replaced and reassigned to the water department It is well-used and showing signs of costly repair problems It was removed from service on 3/24/01 Thank you Cc Brad Haydock Dianne Sullivan Frank Olson Ref P fleet1surplus/memo requesting council approval for 102502 doc Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: KINGLSEY GLEN FINAL PLAT FSU-99-4/KIVA 2022089 — APPROVE 2 SUMMARY STATEMENT: Approve the final plat submitted by Kingsley Glen, LLC for Kingsley Glen and authorize the Mayor to sign the final plat mylar The Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary subdivision on July 2, 2000, and for a plat alteration on August 29, 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 6I COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Community Development Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 K ENT Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 October 29, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK, AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER MEETING DATE NOVEMBER 5, 2002 SUBJECT KINGSLEY GLEN FINAL PLAT(#FSU-99-4/Kiva#2022089) On July 6, 2000, the Hearing Examiner issued Findings, Conclusions and Decision with conditions for the Kingsley Glen Subdivision #SU-99-4 This has also received approval by the Hearing Examiner for a major plat alternation (#PTA-2001-1) The alteration amended the previously approved preliminary plat from 37 lots to 40 lots and the applicant requested an alteration of the roadway easement design to facilitate access to a total of seven lots in the northeasterly portion of the subject property The original preliminary plat approval was for a 20-foot wide ingress/egress roadway easement, which was to serve five lots The property is located at 144t"Avenue SE and SE 2781" Street (extended) The applicant has complied with the conditions required prior to recording Staff recommends the City Council approve the Kingsley Glen Final Plat (#FSU-99-4/Kwa #2022089) with the attached conditions and authorize the Mayor to sign the mylar CA/mjp/S\Permit\Plan\longplats\2002\2022089FSU9904CC-2 doc Enclosure KINGLSEY GLEN #SU-99-4 KIVA#9900905 ON JULY 6, 2000, HEARING EXAMINER APPROVED THE KINGSLEY GLEN PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS A. CONDITIONS OF APPROVAL 1. The Owner/Subdivider shall implement all mitigation measures required by the Mitigated Determination of Nonsigmficance for the Kingsley Glen Subdivision (#ENV-99-27). B. PRIOR TO RECORDING THE SUBDIVISION 1 . The Owner/Subdivider shall pay all Charge in Lieu of Assessments and/or Latecomer Fees, if any, prior to the scheduling of the Pre-Construction Conference and/or prior to recording the plat, whichever comes first. 2 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 within the subdivision and the parcel(s) abutting the subdivision to the south Sewer service will be provided by Soos Creek Water and Sewer District The septic systems serving the existing homes within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations b A water system meeting domestic and fire flow requirements for all lots within this subdivision and the parcel(s) abutting the subdivision to the south. Water services will be provided by Water District #111. 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 storm water runoff from this development will be collected, conveyed, stored, treated and released to the City storm water drainage system in compliance to the City of Kent Construction Standards and Development Assistance Brochure #5- 3, Detailed Drainage Plans (1) The Owner/Subdivider shall construct a public on-site detention/retention pond system in accordance with the Kent Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 2 of 10 Construction Standards to mitigate for potential impacts to both storm water runoff quantity and quality. The detention/retention pond storage volume and release criteria shall be that for the Soosette Creek Basin, the pre- development condition shall be assumed to be forest only unless otherwise determined by the Director. (2) Roof downspouts for each lot (house and garage) shall be directed to Roof Downspout Infiltration Trenches, or Perforated Stubouts, meeting the requirements of the Department of Public Works, including overflow pipes connected to an approved conveyance system The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, or Perforated Stubouts, and will provide private storm water stubouts to each lot for future connection from the Roof Downspout Infiltration Trenches, or Perforated Stubouts. The face of the recorded plat shall contain the following restriction AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH (OR PERFORATED STUBOUT) SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS (3) Because the City has already performed a hydraulic analysis of the reach of the East Fork of Soosette Creek which flows through the southwest comer of the Plat of Kingsley Glen, the downstream analysis is not required In lieu of performing the required downstream analysis, the owner/developer shall pay mitigation fees for the project listed on the City of Kent Soos Creek Basin Capital Improvement Program as Project EFS-1 as required by the Conditions issued for the DNS issued for ENV-99-27 (4) The discharge of stormwater into the adjacent or abutting wetland buffers shall be via sheet flow discharge only d. Landscape Plans for the stormwater management tract meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #5, Landscape Plans. Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 3 of 10 e An open-to-the-air public storm water treatment system in accordance with the requirements of the Kent Construction Standards to mitigate for potential impacts to storm water runoff quality. Acceptable storm water treatment facilities meeting this requirement in their preferred order include. infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. (1) The public storm water 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 meeting the requirements of the City of Kent Construction Standard and City of Kent Development Assistance Brochure # 1-3, Excavation and Grading Permits & Grading Plans. These plans will include provisions for utilities, roadways, retention/detention ponds, storm water treatment facilities, and a building footpad for each undeveloped lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building or Construction Permits, phasing of grading on a lot-by-lot basis will not be considered g Although not normally permitted, conceptual approval has been granted to reroute the existing stream currently flowing out of the large wetland area in order to provide enhanced water quality treatment. The rerouted stream shall flow in a separate swale outside the detention pond area. The rerouted stream shall contain an open-air length equivalent to the existing stream and shall not be rerouted along the top of the berm of the proposed detention pond (as previously proposed) To avoid blowouts where the rerouted stream would flow into the proposed detention pond, there shall be a minimum ten-foot buffer between the edge of the rerouted stream and the top of bank of the proposed detention pond h A Temporary Erosion/Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and which reflects the Detailed Grading Plan discussed above, and the Planning Department approved Tree Plan Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 4 of 10 i A Wetland Mitigation Plan that meets the requirements of the City of Kent Wetlands Management Code, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. This plan shall address avoidance and minimizing impacts to wetlands by analyzing alternatives that would avoid the impact or reduce the impact, as stated in Kent City Code, Section 11.05.120 Avoiding wetland impacts to the largest extent feasible. j. Street Improvement Plans for 144"' Avenue Southeast, designed in conformance with the requirements for a Residential Collector Arterial Street as required by the City of Kent Construction Standards and City of Kent Development Assistance Brochure #6- 2, Private and Public Street Improvements These plans shall meet the following requirements in addition to the standard street requirements (1) It is encouraged that the new intersection of the subdivision street, hereinafter referred to as Southeast 278t' Place, be located directly opposite the intersection constructed on the east side of 144t'Avenue Southeast (2) The applicant plans to use Mr Collier's easement so that the proposed access road (SE 278" PI ) and SE 278t' Street will be aligned as shown in the revised plat drawings Exhibit 4 The Hearings Examiner encourages the road layout as depicted in the revised plat drawings. However, the final access layout is up to negotiations between the easement owner, Dale Collier, and the applicant (3) The sidewalk along the subdivision frontage on 144'" Avenue Southeast shall be 10 feet in width in conformance with City standards for streets having a public elementary school nearby, within a designated walking area as defined by the Kent School District (4) Sidewalks on the proposed access road (SE 278ti" PI ) shall be installed to protect the root system of existing trees Alternative types of sidewalks should be explored If at all possible, existing trees along the access road should be preserved. (5) Access to Dale Collier's property shall not be impeded during or after construction. Mr Collier must be allowed access to his garage from the proposed access road. Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 5 of 10 (6) The face-of-curb to face-of-curb street width across the development frontage shall be 36 feet, as measured from the face of curb and the extension of the face of the existing curb constructed on the east side of the street in the vicinity of Southeast 278t' Street. The minimum asphalt street width shall be 36 feet in order to provide for the left-turn pocket specified below, and where the curb does not exist along the east side of the street, this street shall include a 6-foot gravel shoulder along the east side of the street. (7) The channelization plans for this street shall include provisions for a 100-foot left turn storage pocket to serve Southeast 278'h Street; and suitable pavement marking transitions both north and south of this left turn pocket. k Street Improvement Plans for the subdivision street terminating with a cul-de-sac at its western terminus (Southeast 278w Place) The Street Improvement Plans for this subdivision street shall be designed in conformance with the standards for a Residential Street as required in the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, including but not limited to. cement combined curbs & gutters and 5-foot-wide sidewalks on both sides of the street; at least 28 feet of asphalt pavement except as noted below, a City-approved street lighting system; public storm water drainage, detention, and treatment facilities; curb return radii of 35 feet at the intersection of the subdivision street and 1441h Avenue Southeast; and a 45-foot radius to the face of curb for the cul-de- sac. (1) Since this cul-de-sac is longer than 600 feet, the design for this public street shall include a mid-block choker, speed hump, or some other approved neighborhood traffic control device to maintain lower residential vehicle speeds, unless otherwise determined by the Director of Public Works. (2) The street section through the wetland and wetland buffer boundanes shall be reduced to a face-of-curb to face-of-curb width of only 24 feet with appropriate pavement width transition tapers at the rate of no less than 25:1 at both ends. Vertical cement concrete curbs & gutters and 5-foot-wide cement concrete sidewalks shall be included in the street section through the wetland and wetland buffers, and NO Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 6 of 10 PARKING ANYTIME signs shall be installed on both sides of the street through the narrowed street section. I. Street Light Plans for 144a' Avenue Southeast meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements m Street Light Plans for Southeast 2781' Place shall be designed, installed and maintained by the IntoLight Division of Puget Sound Energy. The electrical bills for this street lighting system shall be paid for the Home Owner's Association created for this subdivision. n. Street Improvement Plans for the three private streets serving lots 11, 14, 13 & 12; and lots 30, 31, 32, and 33; and lots 21, 22, 23, and 24, respectively These plans shall meet the minimum requirements contained within the City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for a private asphalt street 20 feet in width 3 The Owner/Subdivider shall submit and receive approval from the Planning Department for a Detailed Tree Plan meeting the requirements of City of Kent Development Assistance Brochure #3, Detailed Tree Plans, and the requirements of Washington State Department of Fish and Wildlife's letter of March 30, 2000 Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan 4 The Owner/Subdivider shall dedicate all necessary public rights of way for the public improvements required for this subdivision, and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements. The minimum right-of- way width shall include the 3-foot-wide utility strip behind the back of all sidewalks 5 The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) and the salmomd bearing creek, by creating a separate Sensitive Area Tract (SAT) and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan, and/or approved topographic map of the salmonid bearing creek, as appropriate, unless otherwise approved The OwnerlSubdivider shall provide a legal Conditions of Approval Kingsley Glen #SU-99A KIVA#9900905 Page 7 of 10 description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any construction permits. Further the Owner/Subdivider shall grant to the city an easement for drainage purposes over, upon and under that property described in the Sensitive Area Tract or Easement for which the rights thereof shall take precedent over those denoted in the language of said Sensitive Area Tract. Per the Sensitive Area Track or Easement the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS/EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 8 of 10 THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION. 6. After construction, the wetland and buffer areas, and the creeks and their buffers shall be isolated from intrusion andlor disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife-passable fence In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland and creek buffer edges to inform and educate owners and nearby residents about the value of wetlands and urban creeks 7 The 15-foot-wide building setback Imes (BSBL) shall be shown on the final plat map for all applicable lots adjoining the stream sensitive area tract (SAT) as well as the wetland SAT 8. The face of the plat shall contain the following restrictions in conformance with the March 30, 2000 letter received from the State of Washington Department of Fish and Wildlife. a All fir trees greater than 15 inches in diameter at breast height (d.b.h.) and all black cottonwood trees greater than 20 inches d b h. shall be retained in the western 800 feet of the northern 20 feet of the subdivision and in Tracts A, B, C, and D unless they are deemed to be a dangerous tree by a certified arbonst, and a copy of the arbonst report is sent to Washington Department of Fish and Wildlife and the Environmental Engineering Section of the Kent Department of Public Works prior to removal b Efforts shall be made to retain other fir trees, with emphasis on those firs greater than 15 inches d b h throughout site development to the greatest degree possible This will include protecting and preserving root structures of remaining trees by not allowing heavy equipment near, or materials to be placed within the drip line of any tree c Those firs greater than 15 inches d b h. along the south boundary • of Lots 12, 13, 16, 17, 18, 19, and 20 and within the 15-foot-wide BSBL (Building Setback Line) of Tract D SAT shall be retained in place This condition shall be specifically referenced on the face of the plat Conditions of Approval Kingsley Glen #SU-99-4 KIVA#9900905 Page 9 of 10 d. The north 20 feet of lots 21 through 28, and the north 20 feet of lot 31 shall be placed within a Native Growth Protection Easement or Sensitive Area Tract. This easement or tract shall be fenced with an approved wildlife passable fence to delineate the protected firs and black cottonwood trees specified by the eagle management restriction given above. In addition, the Owner/Subdivider shall provide a sign for each lot along this fence that is approved by the Department of Public Works, and that advises each property owner about the tree preservation provisions of the eagle management plan for this subdivision. This tract or easement shall be included in the tract or easement given to the City for the abutting wetland and wetland buffers 9. Prior to release of any construction bonds, the Department of Public Works must approve submitted As-Built Drawings meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #A-6, As-Build Drawings, for streets, street lights, water mains, sewer mains, and storm water facilities 10 Direct vehicular access to 144'h Avenue Southeast shall not be permitted for Lot 1, lot 2, or Lot 37, and the face of the recorded plat shall contain the following restriction: RESTRICTION DIRECT VEHICULAR ACCESS TO 144T" AVENUE SOUTHEAST FROM LOT 1, LOT 2, AND LOT 37 IS NOT PERMITTED 11. The face of the plat shall contain the following restriction: RESTRICTION: VEHICULAR ACCESS FROM SOUTHEAST 278TH PLACE TO LOTS 11, 14, 13 & 12; AND TO LOTS 30, 31, 32, AND 33, AND TO LOTS 21 , 22, 23, AND 24, RESPECTIVELY, SHALL BE RESTRICTED TO THE PRIVATE STREETS SHOWN ON THE FACE OF THIS PLAT. 12. A 5-foot-wide ADA-compliant cement concrete walkway shall be constructed from the westerly portion of the site, at approximately the cul- de-sac bulb, to Horizon Elementary School, unless otherwise disallowed by the Kent School District or Department of Public Works. The exact alignment of same shall be subject to review and approval of the Kent School District and Department of Public Works. Said walkway shall be fenced and lighted as approved by the Public Works Department An easement for same shall be granted to the City therefore. Conditions of Approval Kingsley Glen #SU-99-4 K1VA #9900905 Page 10 of 10 13 In compliance with City of Kent Ordinance No. 2975, the applicant shall dedicate as open space five (5) percent of the total property being developed or pay a voluntary fee-in-lieu of dedication. This fee based on 1999 King County Assessors records is $22,501.79. 14. A six-foot high, solid wood fence shall be erected by the applicant on the border of Dale Collier's western property edge and Lot 6. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE KINGSLEY GLEN SUBDIVISION (SU 99-4). THE OWNER/SUBDIVIDER SHALL 1 Record the Plat 2 Construct all of the improvements required above 3. Consider using rolling compactors during construction to alleviate any potential liability from "vibrating impactors" 4 Receive approval for the required As-Built Drawings for Street, Street Lights, Water Mains, Sewer Mains, and Storm water Facilities 5 Pay the Environmental Mitigation Fee(s) for the South 272"d/South 277`n Corridor project as required by the Conditions issued for the DNS issued for#ENV 99-27. 6 Pay the Environmental Mitigation Fee(s) for East Fork of Soosette Creek culvert improvement project as required by the Conditions issued for the DNS issued for#ENV 99-27 7. The Owner/Subdivider/Developer shall provide mailboxes per the standard and at locations approved by the Department of Public Works and the U.S Postmaster, along S. 278"' Street at approximately the lot line between proposed lots 6 and 7 (10 mailboxes), 14 and 15 (10 mailboxes), 26 and 27 (8 mailboxes), and 33 and 34 (8 mailboxes) 8. The property owner shall provide to owners/residents of each lot information on mass transit opportunities in the vicinity of the site and about the safe use and disposal of household hazardous waste, including motor oil, in order to minimize surface water pollution The Kent Planning Department can provide the property owner with sample information brochures that may be distributed or made available to residents to satisfy this condition. KINGSLEY GLEN PLAT ALTERATION #PTA-2001-1 • CONDITONS OF APPROVAL 10. Public Notia ith the requirements outlined in th DECISION Based upon the preceding Findings of Fact and Conclusions, approval of the proposed Kingsley Glen Plat (SU-994) Alteration as depicted on the modified preliminary plat map is GRANTED, subject to the following conditions: 1. All conditions of approval from the Kingsley Glen Plat #SU-99-4 are valid for the proposed revisions to the plat subject to the following revisions: 2. Condition B.10 formerly provided B. PRIOR TO RECORDING THIS SUBDIVISION: 10. Direct vehicular access to 144"' Avenue Southeast shall not be permitted for Lot 1, Lot 2, or Lot 37, and the face of the recorded plat shall contain the following restriction: RESTRICTION: DIRECT VEHICULAR ACCESS TO 144T" AVENUE SOUTHEAST FROM LOT 1, LOT 2, AND LOT 37 IS NOT • PERMITTED. Condition B.10 shall be revised to read as follows: B 10 Direct vehicular access to 144h Avenue Southeast shall not be permitted for Lot 1, Lot 2, Lot B, and Lot C, and the face of the recorded plat shall contain the following restriction: RESTRICTION: DIRECT VEHICULAR ACCESS TO 144T" AVENUE SOUTHEAST FROM LOT 1, LOT 2, LOT B, AND LOT C IS NOT PERMITTED. 3. Condition B. 11 formerly required the following restriction on the face of the plat- RESTRICTION. VEHICULAR ACCESS FROM SOUTHEAST 278T" PLACE TO LOTS 11, 14, 13, & 12; AND TO LOTS 30, 31, 32, AND 33; AND TO LOTS 21, 22, 23, 24, RESPECTIVELY, SHALL BE RESTRICTED TO THE PRIVATE STREETS SHOWN ON THE FACE OF THIS PLAT. Condition B.11 shall be revised to include the following additional restriction and requirements: RESTRICTION: VEHICULAR ACCESS FROM SOUTHEAST 278T" PLACE TO LOTS 1, 2, 1, B, C. AND 37 SHALL BE RESTRICTED TO THE PRIVATE Hearing Examiner Findings and Decision Kingsley Glen #SU-994 #PTA-2001-1 KIVA#2011369 Page 7 ACCESS EASEMENT OR TRACT SHOWN ON THE FACE OF THIS PLAT LOT 3 MAY HAVE EITHER DIRECT ACCESS TO SOUTHEAST 278TH PLACE OR MAY USE THE ACCESS EASEMENT SERVING LOTS 1, 2, A, B, C, AND 37. THE ACCESS EASEMENT OR TRACT SERVING THE ABOVE SEVEN (7) LOTS SHALL BE OF SUFFICIENT WIDTH TO PROVIDE FOR THE CONSTRUCTION OF A 20 FOOT WIDE ASPHALT PAVED PRIVATE ROADWAY AND A 5 FOOT WIDE PAVED SIDEWALK ON ONE SIDE OF THE ROADWAY CONNECTING WITH THE PUBLIC SIDEWALK ON THE NORTH SIDE OF SOUTHEAST 278TH PLACE. VEHICULAR ACCESS FROM SOUTHEAST 278TH PLACE TO LOTS 11, 14, 13, & 12, AND TO LOTS 30, 31. 32, AND 33; AND TO LOTS 21, 22, 23, AND 24, RESPECTIVELY, SHALL BE RESTRICTED TO THE PRIVATE STREETS SHOWN ON THE FACE OF THIS PLAT Dated this 29i'day of August, 2001. Q�VYlt1y�- GTl JAMES M. DRISCOLL Hearing Examiner ch-S:\Permit\Pl an\P LATALTERATION S\2001\2011369-2001-1findings doc Hearing Examiner Findings and Decision Kingsley Glen #SU-99-4 #PTA-2001-1 KIVA#2011369 Page 8 B e - lilt R _ _PVs 3LK0. X..[Nit A 1 um � -___,__-=Cj- � C4 IN_ •E �d(� i Shy • a°'I L_ _ I i P p I '4 ~rx + Ell ati 6� `= RN lilt I v,. �. •� � �n s ._I .A � c it- z gay °" J C ZVI Y t vl uf,m, T E I G '�• e4 I� cs CD 91 �// y \� C •FT �� .ei / S 4Y4 ✓<A y >'' 'w4 4 '�,0� SFr°� � y°•1 �9� --�4 +4 � .�4 ��d°• 4 ,�` �a fro"' a.[�,�..m�c•m! t pp 1 �� ,CZ '°0••' . :� din;, �'°'" ^�.d 4 � yfia f� IMLI 1Nu0 /ar*,•4 Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1. SUBJECT: 2002 ASPHALT OVERLAYS —ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 2002 Asphalt Overlays project as complete and release the retamage to Watson Asphalt Paving upon standard releases from the state and release of any liens The original contract amount was $495,212.47 The final contract amount is $477,225 36 3. EXHIBITS: None • 4. RECOMMENDED BY: Public Works Director (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 6J Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: CANYON DRIVE BICYCLE AND PEDESTRIAN FACILITIES IMPROVEMENTS — ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Canyon Drive Bicycle and Pedestrian Facilities Improvements project as complete and release of retainage to Ceccanti, Inc. upon standard releases from the state and release of any liens. The original contract amount was $1,414,718 04 The final contract amount is $1,464,773.20 3 EXHIBITS: None • 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION Council Agenda Item No 6K Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: WEST VALLEY HIGHWAY RAISING —ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: As recommended by Public Works Director, accept the West Valley Highway Raising project as complete and release of retamage to City Transfer, Inc. upon standard releases from the state and release of any liens. The original contract amount was $797,070.00 The final contract amount is $693,430 45. 3. EXHIBITS: None • 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION • ACTION- Council Agenda Item No. 6L Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1. SUBJECT: DOLLAR DEVELOPMENT BILL OF SALE - ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Dollar Development submitted by Dollar Development for continuous operation and maintenance of 22 feet of watermam and 78 feet of street improvements. Bonds are to be released after the maintenance period This project is located at 21220 77th Avenue S. 3 EXHIBITS: Map 4 RECOMMENDED BY: Public Works Director (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. 6M T CITY LIMIT S 192ND T S 196 H r a � a w N J 2 > co cn 3 = > w o / j J Z O / Z > ~ S H PROJ C S 212TH ST L'OC S 208T P S 16TH ST m S 218TH T ; w L m `O S 222ND ST J of / c U a w n > z/ Q Y U S 228TH ST S 228T j N DOLLAR DEVELOPMENT E S 9 V 3 9 u Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: 2002 CITY OF KENT TRAFFIC STRIPING — ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 2002 City of Kent Traffic Striping project as complete and release of retamage to Stripe Rite, Inc. upon standard releases from the state and release of any liens. The original contract amount was $38,429.50. The final contract amount is $39,160.16. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director • (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 6N Kent City Council Meeting Date November 5, 2002 Category Consent Calendar I SUBJECT: MEDIAN SEPARATOR AGREEMENT WITH SOUND TRANSIT— APPROVE 2 SUMMARY STATEMENT: Approve the agreement between the City of Kent and Sound Transit for the installation of median barriers at railroad crossings between James Street and Willis Street in the City of Kent. This agreement between Sound Transit and the City of Kent would provide for installation of median barriers at railroad crossing between James Street and Willis Street per an Order of the Washington Utilities and Transportation Commission, which will likely reduce the number of automobile and truck drivers attempting to circumvent lowered crossing gates. Sound Transit has agreed to purchase and install the median barriers, and the City will maintain the median barriers 3 EXHIBITS: Agreement 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 60 AGREEMENT BETWEEN SOUND TRANSIT AND THE CITY OF KENT FOR THE INSTALLATION OF MEDIAN BARRIERS AT RAILROAD CROSSINGS THIS AGREEMENT is entered into this day of 2002, by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and the CITY OF KENT ("City") and as may be referred to individually as `Party" and collectively as "Parties" WHEREAS, based upon safety concerns, the City contested a petition by the Burlington Northern and Santa Fe Railway Company ("BNSF") for a Modification of Order Regulating Train Speed of Passenger and Freight Trams before the Washington Utilities and Transportation Commission ("WUTC") (Docket No TR-9900653), and WHEREAS, the WUTC ruled that speed limit increases up to limits authorized by the Federal Railroad Administration were authorized on the track between Willis Street and James Street after certain safety measures were taken, and WHEREAS, increased freight and Amtrak tram speeds through the City will (1) increase the speed and efficiency of regional freight movement and interstate travel, (2) allow BNSF to increase regional commuter rail service by Sound Transit to Kent and other cities in the Kent Valley, and (3) ease traffic congestion at at-grade railroad crossings in the City by permitting freight and Amtrak trams to pass through each crossing more quickly; and WHEREAS, one of the safety measures required by the WUTC was that permanent median barriers be installed at all crossings between James Street and Willis Street, and WHEREAS, installation of median barriers between James Street and Willis Street will likely reduce the number of automobile and truck drivers attempting to circumvent lowered crossing gates in an attempt to beat the train to the crossing, and MEDIAN BARRIER AGREEMENT—Page 1 of 3 (between Sound Transit and City of Kent) WHEREAS, Sound Transit has secured a grant for the installation of median barriers at all railroad crossings between James Street and Willis Street, 1 e., James Street, Snuth Street, Meeker Street, Gowe Street, Titus Street and Willis Street, and WHEREAS, Sound Transit is willing to install the median barriers and the City is willing to permit the installation under the terms and conditions in the Agreement NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows 1. Sound Transit will purchase and install the median barriers at the above-referenced crossings The barriers consist of preformed curb units with reboundable upright deltneators every 4 to 6 feet and are located on the centerline of the roadway 2 All appropriate environmental approvals will be secured by Sound Transit before installation 3 The City will permit the installation of the median barrier on the above-referenced City right-of-ways and agrees to maintain the separators, at its own cost, throughout their useful life, as defined by the manufacturer In addition, the City agrees not to remove the separators except (1) for temporary roadway maintenance activities after which they shall be reinstalled, or (2) when replaced by separators approved by the Washington Utilities and Transportation Commission 4 Sound Transit agrees to indemnify and hold harmless the City from and against all claims arising from the design and installation of the median barriers The City agrees to indemnify and hold harmless Sound Transit from and against all claims arising from the maintenance of the median separators MEDIAN BARRIER AGREEMENT—Page 2 of 3 (between Sound Transit and City of Kent) IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its duly authorized officer or representative as of the date set forth below its signature and as of the date first written above CITY OF KENT: CENTRAL, PUGET SOUND REGIONAL TRANSIT AUTHORITY: By By Joan M Earl Executive Director Date, Date. APPROVED AS TO FORM APPROVED AS TO FORM Tom Brubaker Sound Transit Legal Counsel City Attorney P\Civil\FILES\OpenFdcs 0993�MedimB=iQAgr102102 doe MEDIAN BARRIER AGREEMENT—Page 3 of 3 (between Sound Transit and City ofKenf) Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1. SUBJECT: INDEPENDENT SALARY COMMISSION APPOINTMENTS — CONFIRM 2 SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Chris King, Brad Bell and Ray Coleman to serve as the initial members of the City's Independent Salary Commission, pursuant to Ordinance No. 3617. Pursuant to the ordinance, the initial terms of the first three members to serve on the commission are staggered Accordingly, Ms. King will serve a one-year term, Mr. Bell will serve a two-year term, and Mr. Coleman will serve a three-year term. 3. EXHIBITS: None 4. RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No 6P Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1. SUBJECT: SYMTRON SYSTEMS LEASE AGREEMENT RENEWAL— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a lease agreement renewal between the City of Kent and Symtron Systems, Inc. Symtron has been leasing office space located at Fire Station 74, 24611 116th Avenue SE, from the City of Kent Fire Department since November of 2001. This has improved response times for repairs and maintenance and to training tower bum simulators The lease agreement is identical to the previous agreement and has been extended for an additional year. 3. EXHIBITS: Lease agreement • 4. RECOMMENDED BY: Fire Chief& Public Safety Committee (3-0) (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. 6Q LEASE 1. PARTIES This Lease is entered into this November 01, 2001, by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord"), and Symtron Systems Inc , a corporation ("Tenant") 2. PREMISES. In consideration of the rents and covenants and under the terms and conditions hereinafter set forth,Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions herein set forth that certain space (the "Premises") containing approximately_100_square feet of net leasable floor area, all as shown on Exhibit A to be attached hereto and incorporated herein by this reference upon mutual satisfaction of the contingency set forth. The Premises constitute a portion of a building(the "Building") located at 24611 116`h Ave SE, Kent, Washington 3. COMMON AREAS. The following areas adjacent to or located in or on the Premises, Building or Land shall constitute common areas available for Tenant's non-exclusive use including without limitation walkways,hallways, stairways, driveways,lavatories, janitorial rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas, and all other areas used in common by the tenants of the Building, Landlord, and invitees and employees of Tenant All common areas shall be subject to Landlord's management and control and shall be operated and maintained in such manner as Landlord, in its reasonable discretion, shall determine Landlord may, from time to time in Landlord's reasonable discretion, alter, modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of tenants of the Building, provided, however, that any such alterations, modifications or changes shall not materially interfere with Tenant's use and enjoyment of the Premises as set forth in this Lease Tenant and others entitled or allowed to use the common areas shall be subject to and shall comply with rules and regulations applicable to the common areas as may be established by Landlord from time to time 4. LEASE TERM AND COMMENCEMENT DATE. This Lease shall be for a term of one (1) year and shall commence on January 1, 2003 (the " Commencement Date") and shall end on December 31, 2003 (the "Termination Date") 5. RENT 5.1 Monthly Rent. Tenant agrees to pay Landlord as Rent, without notice or demand, the sum of $200 per month, ("Monthly Rent"), in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof Monthly Rent for any period during the term hereof which is for less than one month shall be a prorated portion of the Monthly Rent herein, 1 based upon a thirty- (30) day month. All Rent ("Rent" being defined to include Monthly and Additional Rent) shall be paid to Landlord at the address to which notices to Landlord are to be given, in accordance with paragraph 30 16 herein, without deduction or offset in lawful money of the United States of America, or to such other persons or at such other place as Landlord may from time to time designate in writing 6. Lease Year. "Lease Year" shall mean the twelve-month period commencing January I and ending December 31, except for the first Lease Year which shall commence on the Commencement Date and end on the following December 31 7. Actual Operating Expenses. "Actual Operating Expenses Allocable to the Premises shall mean the actual amount paid or incurred by Landlord for Operating Expenses during any Lease Year of the term hereof, and allocable to the Premises based upon Tenant's share 8. USE OF PREMISES. Tenant's use and occupancy of the Premises shall be for general office uses and for no other business or purpose,without the prior written consent of Landlord 8.1 Use. Tenant shall conduct and carry on in the Premises, continuously during each and every business day of the Lease term, the business for which the Premises are leased, and shall not use the Premises for any illegal purpose. Tenant shall not commit or allow to be committed any waste in or upon the Premises Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building 8.2 Compliance With Law. Tenant shall not use or permit the use of the Premises in anyway in conflict with any law or governmental rule Tenant shall, at its sole cost, promptly comply with all such laws and governmental rules and with the requirements of any board of fire underwriters OR other similar bodies now or hereafter constituted relating to the condition, use or occupancy of the Premises only The judgment of any court of competent Jurisdiction or the admission of Tenant in any action against Tenant that Tenant has violated any law or governmental rule, whether or not Landlord is a party, shall be conclusive of the fact as between Landlord and Tenant 9. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Landlord, and all improvements, alterations, or changes so made shall become a part of the lease Premises and shall belong to Landlord upon expiration or sooner termination of this Lease With respect to such alterations, improvements or changes to the Premises requested by Tenant, Landlord's consent shall not be unreasonably withheld In the event Landlord consents to the making of any is 2 alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, the Premises and Tenant's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements 10. MAINTENANCE AND REPAIRS. 10.1 Tenant's Obligations. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair Tenant shall, at Tenant's expense, keep the Premises and every part thereof in good condition and repair including without limitation the maintenance, replacement, and repair of any doors, windows, window casements, floor covering, and the plumbing, pipes, electrical wiring, and conduits within and serving the Premises, it being the intention of Landlord and Tenant that Tenant shall only have the obligation to maintain, replace or repair such plumbing,pipes and electrical wiring as are located within the exterior partition walls of the Premises Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Tenant has no control, or such damage as maybe due to the failure of Landlord to comply with any covenant herein contained to be performed by Landlord Damage caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant 10.2 Use of Contractor. Tenant shall obtain Landlord's written approval with respect to a choice of contractor before Tenant undertakes the making of any repairs hereunder, which approval shall not be unreasonably withheld Additionally, the Tenant shall secure written proof and assurances that person(s) retained for such work are appropriately bonded and insured 10.3 Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof(and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation, bearing and exterior beams and supports, flooring and subflooring There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business ansmg from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference 3 11. LIENS. Tenant shall keep the Premises, Tenant's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens ansmg out of any work performed, materials furnished, or obligations incurred by Tenant 12. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord from and against any and all claims ansmg from Tenant's use of the Premises or from the conduct of its business or from any activity, work, or other things done,permitted, or suffered by Tenant in or about the Premises or ansmg from any act or negligence of Tenant or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord Landlord or its agent shall be not liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or ram which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever, unless caused by or due to the negligence of Landlord or its agents Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises Landlord shall indemnify and hold harmless Tenant from and against any and all claims ansmg from the activities, word or other things done, permitted or suffered by Landlord in connection with the Premises, Building, Land and common areas or ansmg from any act or negligence of Landlord or any officer, agent, employee, guest or invitee of Landlord, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon In any action or proceeding brought against Tenant by reason of such claim, Landlord, upon notice from Tenant, shall defend the same at Landlord's expense by counsel reasonably satisfactory to Tenant 13. SUBROGATION As long as their respective insurers so permit, Landlord and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault of negligence of the other party, or anyone from whom such party may be responsible Is 4 14. LIABILITY INSURANCE; HAZARD INSURANCE. 14.1 Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability ansing out of the Tenant's use, occupancy, or maintenance of the Premises Such insurance shall be in amount not less than $2,000,000 Combined Single Limit with respect to injuries to or death of persons, and/or destruction of or damage to property, provided, however, that Landlord acknowledges and agrees that Tenant may self-insure its liability up to $1,000,000 The limit of any such insurance shall not, however, limit the liability of Tenant hereunder Tenant may provide this insurance under a blanket policy provided said insurance shall have a landlord's protective liability endorsement attached thereto If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to,procure and maintain the same at the expense of Tenant Tenant shall deliver to Landlord, prior to right of entry, certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord All such policies shall be written as primary policies not contributing with and not only in excess of coverage which Landlord may carry 14.2 Hazard Insurance. Throughout the term of this Lease, Landlord shall procure and maintain fire, hazard and extended coverage insurance in the amount of replacement cost of the Building, as may be adjusted from time to time, in the exercise of Landlord's reasonable discretion 15. SERVICES AND UTILITIES. Provided that Tenant is not in default hereunder, Landlord agrees to fumish to the Premises during the hours of 7 00 A M to 6 00 P M on generally recognized business days, and during non-business hours and non-business days on an access and override basis, and subject to the reasonable rules and regulations of the Building of which the Premises area part, the following services (a) electncity for normal lighting and routine office machines, (b) heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, (c)janitonal services unless Tenant advises Landlord of Tenant's desire to provide its own janitorial services, and (d) water in quantities reasonably used by Tenant Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises area part Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, except to the extent such loss or injury is directly caused by Landlord Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, 5 Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including machines which require electricity in excess of that normally used by office machines such as photocopiers and personal computers, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as office space, no connect with electric current except through existing electrical outlets in the Premises as agreed to in Tenant Improvements, any apparatus or device, for the purpose of using electric current If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which consent shall not be unreasonably withheld, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the excess amount of water and electric current consumed for any such use The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord, for all such water and electric current consumed as shown by said meters, at the rate charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer 16. PERSONAL PROPERTY. Where furnished by or at the expense of Tenant, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without matena] damage, shall remain the property of and be removable by Tenant, and in case of damage by reason of such removal,Tenant shall restore the Premises, Building or common areas to good order and condition Tenant shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's Tenant Improvements, equipment, furniture, fixtures, and other personal property located in the Premises 17. ENTRY BY LANDLORD. At any and all reasonable times during regular business hours, upon one (1) days prior notice to Tenant, Landlord reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times, to submit the Premises to prospective purchasers or tenants, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Tenant shall not be interfered with unreasonably Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss 6 occasioned thereby, if Landlord shall have taken every reasonable measure to avoid any such injury, inconvenience or interference Landlord shall have the right to use any and all means which Landlord may deed proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Tenant except for any failure to exercise due care for Tenant's property, and any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be forcible or unlawful entry into a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof 18. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurtenant thereto or allow any person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Landlord, which consent by Landlord shall not be unreasonably withheld Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Landlord, constitute a default under the terms of this Lease If Tenant is a corporation, any transfer of this Lease from Tenant by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Tenant shall constitute an assignment for purposes of this paragraph A consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person Consent to any such assignment or subletting shall in no way relieve Tenant of any Lability under this Lease Landlord may assign the Rent herein provided to any person, partnership, corporation, or bank, and Tenant agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment 19. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the tern of this Lease without the express written consent of Landlord, such occupancy shall be a tenancy from month-to-month at a rental in the amount of 120% of the last Monthly Rent, plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy 20. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant 20.1 Abandonment. Tenant vacates or abandons the Premises, 20.2 Failure to Pay Rent. Tenant fails to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, 7 20.3 Failure to Observe Other Covenants. Tenant fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than described in subparagraph 19 1 above, where such failure shall continue for a period of thirty(30) days after written notice thereof by Landlord to Tenant;provided, however, that if the nature of Tenant's default is such that more than thirty(30) days are reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty(30) days and thereafter, diligently prosecutes such cure to completion, 20.4 Misrepresentation. Tenant makes or has made or furnishes or has famished any warranty, representation or statement to Landlord in connection with this Lease, or any other agreement to which Tenant and Landlord are parties, which is or was false or misleading in any material respect when made or furnished, or 20.5 Failure to Take Possession. Tenant fails to take possession of the Premises when landlord delivers the same by notifying Tenant that the Premises are ready for occupancy 21. REMEDIES ON DEFAULT. In the event of any default or breach by Tenant, landlord may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Landlord may have be reason of such default or breach, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free Rent, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law Tenant agrees to pay Landlord the cost of recovering possession of the Premises, the expense of reletting, and any other costs or damages ansing out of Tenant's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for relettmig, brokers' commissions, and legal expenses and fees Notwithstanding any termination, reentry, or relettmg,the liability of Tenant for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Tenant shall pay and Landlord may recover from Tenant at the time of termination, reentry, or relettmg, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease term In the event that Landlord relets the Premises or any part thereof without first terminating Tenant's right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Tenant's right to possession to that portion of the Premises for the default that originally resulted in the relettmg 21.1 Remedies Cumulative. The remedies hereinafter described shall be cumulative and Landlord shall be entitled to pursue any other remedy now or hereafter available to landlord under the law orludicial decisions of the State of Washington 8 21.2 Removal of Personal Property. In the event of a retaking of possession of the Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty(30) days or more, Landlord may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Tenant to Landlord under the terms of this Lease, and the balance, if any, to Tenant Tenant hereby waives all claims for damages that may be caused by Landlord's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Tenant as herein provided and will save Landlord harmless from loss or damages occasioned by Landlord thereby, whether such lawful reentry shall be considered or construed to be a forcible entry 22. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Tenant shall immediately notify Landlord and the rights and responsibilities of Landlord and Tenant shall be as follows 22.1 Insured Damage. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Monthly Rent and Additional Rent from the date of such damage and while such repairs are being made until such repairs are substantially completed, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall unreasonably interfere with the business carried on by Tenant in the Premises If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent 22.2 Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith commence repair of the same, provided the extent of the destruction is less than ten percent (10%) of the then full replacement cost of the Premises In the event the destruction of the Premises is to an extent of ten percent(10%)or more of the full replacement cost, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent and Additional Rent shall be proportionately reduced as heremabove provided as of the date of such damage and while such repairs are being made until such repairs are substantially completed, or(b) to give notice to Tenant at any time within sixty(60) days after such damage, terminating this Lease as of the date specified by Landlord 9 22.3 Damage to Tenant's Property. Landlord shall not be required to repair any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant, unless such damage shall have occurred as a result of the gross negligence of Landlord 23. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the Building) shall be acquired or condemned by eminent domain for any public or quasi- public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Tenant, then the term of this Lease shall terminate as of the date title or possession shall be transferred in such proceeding, whichever shall occur first In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Tenant, then Landlord shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect provided, however, that the Monthly Rent and Additional Rent shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the Premises Landlord shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Tenant shall have no claim thereto, provided that Tenant may independently pursue an award or compensation to Tenant for the taking of Tenant's personal property or fixtures or for the interruption of or damage to Tenant's business and for any other interest of Tenant 24. TENANT SIGNS. No signage shall be installed on the Premises or Building by Tenant The Landlord shall install all signage within the Building and Premises at Landlord's expense,as a part of the completion of the Tenant Improvements. 25. SUBORDINATION AND MODIFICATION BY LENDER. Tenant agrees that this Lease shall be subordinate to any mortgage or deed of trust that may hereafter be placed upon the Premises or the Building and to any and all advances to be made thereunder, to the interest thereon, and all renewals, replacements, and extensions thereof, provided, the mortgagee or trustee named in such mortgage or deed of trust shall agree in writing to recognize the Lease of Tenant in the event of foreclosure, if Tenant is not in default In the event any mortgagee or trustee elects to have the Lease a prior lien to its mortgage or deed of trust, then in such event, upon such mortgagee or trustee notifying Tenant to that effect, this Lease shall be deemed prior in hen to the said mortgage or deed of trust whether or not this Lease is dated prior to or subsequent to the date of said mortgage or trust deed Within fifteen (15) days of presentation, Tenant agrees to execute any documents which such mortgagee or trustee may require to effectuate the provisions of this paragraph Tenant further agrees that, if in connection with obtaining financing for the Land, Building, or Premises, a lender shall request modification of this Lease as a condition to such financing, Tenant shall not withhold, delay or defer its consent thereto, provided that such modifications do not increase the financial obligations of Tenant hereunder or materially adversely affect the leasehold interest hereby created 10 • 26. TENANT'S STATEMENT. Tenant shall at any time and from time to time upon not less than three (3) days'pnor written notice from Landlord execute, acknowledge, and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are, to Tenant's knowledge, no uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth the Commencement Date and Termination Date of the term hereof Any such statement maybe relied upon by any prospective purchaser or encumbrancer of the Land, Building, or Premises 27. GENERAL PROVISIONS. Landlord and Tenant agree to the following general provisions 27.1 Waiver. The waiver by Landlord of any term, covenant, or condition herein contained shall not be deemed to be the waiver of such term, covenant, or condition upon any subsequent breach of the same or of any other tern, covenant, or condition herein contained The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such Rent 27.2 Time. Time is of the essence of this Lease and each ad all of its provisions in which performance is a factor 27.3 Paragraph Headings. The paragraph headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof 27.4 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto 27.5 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord 27.6 Quiet Possession. Upon Tenant paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire teen hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed isby inspection or survey 11 27.7 Overdue Rent. Unpaid installments of the Monthly Rent, Additional Rent, or other sums due hereunder shall, if not timely paid, be subject to a late charge of Fifty and No/100 Dollars ($50 00)to cover the excess costs of administration Tenant hereby further agrees to pay any attorneys' fees and expenses incurred by Landlord by reason of Tenant's failure to pay Monthly Rent, Additional Rent, or other charges when due hereunder Acceptance by Landlord of partial payment of Rent and/or interest thereon shall not constitute a waiver of any remaining unpaid Rent and/or interest 27.8 Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest This Lease shall not be effective or binding upon any party until fully executed by both parties hereto 27.9 Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party 27.10 Partial Invalidity. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect 27.11 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity. 27.12 Choice of Law. The laws of the State of Washington shall govern this Lease The parties agree that venue for any action hereunder shall properly lie in King County, Washington 12 27.13 Attorneys' Fees. hi the event of any action or proceeding brought by either party against the other under this Lease, the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable attorneys' fees In addition, should it become necessary for any party to employ legal counsel to enforce any of the provisions herein contained because of such other party's breach of its obligations under this Lease, such party against whom enforcement is sought agrees to pay all attorneys' fees and court costs reasonably incurred For the purposes of this provision, the terms "action" or"proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings including appeals therefrom 27.14 Real Estate Commission. Tenant warrants that no real estate broker or agent has been employed by Tenant or is entitled to receive any commission or fee with respect to this transaction other than the brokers or agents to whom Landlord has consented by written agreement Tenant and Landlord shall each indemnify and save harmless the other from the claims of any real estate brokers or agents with whom either party may have dealt with respect to this transaction, other than as so consented to by Landlord Insofar as Landlord shall have consented by written agreement to such brokers or agents, Landlord shall pay such commissions 27.15 Execution. This Lease maybe executed in several counterparts, each of which shall be deemed an original instrument 27.16 Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth To Landlord at To Tenant at Kent Fire & Life Safety Symtron Systems Inc. 24611 166ih Ave SE P.O. Box 950 Kent, WA 98030 17-01 Polhtt Drive Fair Lawn, NJ 07410-0950 It is understood that each party may change the address to which notice maybe sent by giving a written notice of such change to the other party hereto in the manner herein provided • 13 27.17 Tenant's Corporate Authority. Tenant is a corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms Tenant further represents and warrants that it is fully registered and qualified to do business in the State of Washington 27.18 Landlord's Authority. Landlord is a Washington municipal corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the provisions of such agreement as governs said corporation, and that this Lease is binding upon said corporation in accordance with its terms Landlord further represents and warrants that it is fully registered and qualified to do business in the State of Washington 27.19 Limited Partnership. It is understood and agreed that any claims by Tenant on Landlord shall be limited to the assets of the limited partnership 27.20 Measurement Standard. All measurements of area to be made under this Lease shall be completed pursuant to the standards promulgated by the Building Owners and Managers Association ("BOMA") 28. CONTINGENCIES. Landlord and Tenant's obligations hereunder shall be contingent upon and subject to the mutual satisfaction of the following matters, on or before the date set forth herein below IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written TENANT LANDLORD By By Symtron Systems, Inc Jim White, Mayor City of Kent STATE OF WASHINGTON ) ) ss COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument DATED. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 14 Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: KING COUNTY MEDICS LEASE AGREEMENTS RENEWAL— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute lease agreements between King County and the City of Kent for housing Medic Units at Fire Stations 76 (Valley Industrial Area) and 75 (Soos Creek Station) These agreements were entered into based upon the need to add paramedic units to the Valley area (Station 76) and to maintain the current medic unit at Station 75 (near Soos Creek) The agreements are identical to the previous agreements except the monthly lease fee was increased by CPI and the term of the agreements was extended (years 2003 through 2004). 3 EXHIBITS: Inter-agency lease agreements 4 RECOMMENDED BY: Fire Administration & Public Safes Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS- 7 CITY COUNCIL ACTION: Councilmembcr moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No 6R INTER-AGENCY LEASE AGREEMENT This LEASE AGREEMENT is entered into this 1st day of January, 2003 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY" WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1280 square feet at 20676 72nd Ave So , Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division WHEREAS, paramedic workloads and response times have increased on the East Hill and Maple Valley areas of South King County, and have exceeded the capability of the existing five paramedic units to maintain performance standards WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be added in the Valley area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides quality paramedic response and allows for the further review of actual response patterns WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs NOW THEREFORE, the parties mutually agree as follows 1. DESCRIPTION OF LEASED PREMISES: 1. Leased Space—20676 72"d Ave So , Kent, WA a Garage space of approximately 480 square feet for one (1) paramedic vehicles including floor drains and automatic garage door openers, additional outside vehicle storage with electrical supply for an additional Medic vehicle b Sleeping space totaling 800 square feet consisting of two (2) 1 F x 14'6" sleeping rooms with one (1) bed each The sleeping quarters include several built-in lockers available for use by the COUNTY 1 1. DESCRIPTION OF LEASED PREMISES: 1. Leased Space—20676 72"d Ave So , Kent, WA c A total of 1280 square feet of interior space and two (2) exterior parking spaces for reserve Medic vehicles in addition to the parking spaces as needed for staff II. Space Shared By The CITY And The COUNTY a Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel, b Office space including a desk and chair, c Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel, d Exercise room and equipment shared with Kent Fire Department personnel, e Facilities for fueling of paramedic vehicles 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY I. Basic Services a Heating and Lighting- Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis b Standby Power- The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building c Waste - The CITY will provide a waste receptacle and collection service for all waste, EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste d. Storage Space - The CITY will provide storage space for limited storage of non "controlled" operational supplies 2 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY I. General Services a Paramedic Unit- The COUNTY will station a paramedic unit staffed with two (2)paramedics in the FACILITY b Security- The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel c Maintenance -The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel d Special Conditions - The COUNTY further agrees that any problems or issues that anse involving personnel or operations of the respective agencies will be handled as set forth in Exhibit A of this agreement, attached hereto and made a part hereof 4. RENT I. The COUNTY agrees to pay the CITY $744 75 per month, effective January 1, 2003, for space and other systems and services described in Item 1 above The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease From the monthly rental, $215 OS each month will be placed in the City/Local 1747 Physical Fitness Program Fund The remainder will be utilized in the operational or capital fund as the City deems appropriate 3 5. TENANTIMPROVEMENTS L The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security(locks) systems a All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties. b Payment for the identified modifications shall be in addition to monthly payments provided for herein Any additional costs for changes to the original plan will require prior approval by the COUNTY All payments shall be made within 30 days of receipt of an invoice by the COUNTY c Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement d The COUNTY agrees to reimburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY e The COUNTY agrees that at the termination of this agreement to restore the classroom, office space and entry areas to the high quality condition they were in originally This will include removing tenant improvements, refinishing walls, ceilings, replacing carpet, restoring the alarm system, etc 4 6. TERM I. This Lease Agreement is for two (2) years beginning January 1, 2003 and expires December 31, 2004 This agreement maybe terminated annually for lack of funding 1I. Termination for Other Causes: a This Agreement is subject to termination upon Ninety(90) days written notice by the COUNTY should i The CITY fail to comply with the terms and conditions express herein, ii The CITY fails to provide work or services expressed herein b This Agreement is subject to termination upon ninety(90) days written notice by the CITY should i The COUNTY fall to comply with the terms and conditions of this agreement u If, in the judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City M. Changes: a Either party may request changes in the services to be performed or provided hereunder Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties 7. HOLD HARMLESS AND INDEMNIFICATION L The COUNTY agrees to assume responsibility for all liabilities that occur or anse in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees arising out of or relating to the performance of this agreement 5 7. HOLD HARMLESS AND INDEMNIFICATION 11. The CITY agrees to assume responsibility for all liabilities that occur or anse in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees ansmg out of or relating to the performance of this agreement 8. INSURANCE I. The CITY understands that the COUNTY is self-insured The County shall provide the CITY with proof of said insurance upon request. 9. NOTICES 1. Official notice under this lease shall be given as follows- To City City of Kent Fire Department 24611 116th Ave S E Kent WA 98030 To County- King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written LESSOR: CITY OF KENT LESSEE: KING COUNTY FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES BY: BY: TITLE: MAYOR TITLE: DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney KING COUNTY, WASHINGTON DATE: DATE: BY: Manager Property Services Division DATE: EXHIBIT A Special Conditions Interagency Cooperation a. The COUNTY agrees to designate one(1)paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY c The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division Date Date Approved Approved Jim White, Mayor Manager King County EMS City of Kent 8 0 INTER-AGENCY LEASE AGREEMENT This LEASE AGREEMENT is entered into this 1st day of January, 2003 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY" WITNESSETH WHEREAS,the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1367 square feet at 15635 S E 272"d Street , Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division WHEREAS, paramedic workloads and response times have increased on the East Hill and Maple Valley areas of South King County, and have exceeded the capability of the existing five paramedic units to maintain performance standards WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be added in the East Hill area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides optimal paramedic response • WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs NOW THEREFORE, the parties mutually agree as follows 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space— 15635 SE 272"d Street , Kent, WA a Garage space of approximately 960 square feet for two (2) paramedic vehicles including floor drains and automatic garage door openers, b Sleeping space totaling 407 square feet consisting of two (2) 1 F x 14'6" sleeping rooms with three (3) bed each The sleeping quarters include eleven (11) built-in lockers (7 feet high x 2 feet wide x 23 inches deep) available for use by the COUNTY Each bed will be supplied with mattress, mattress pad, bed spread and two (2) blankets, 1 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space— 15635 SE 272nd Street,Kent, WA c 1367 total square feet— See Exhibit "A", attached hereto and made a part hereof II. Space Shared By The CITY And The COUNTY a Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel, b Office space including a desk and chair, c Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel, d Exercise room and equipment shared with Kent Fire Department personnel, e Facilities for fueling of paramedic vehicles 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY I. Basic Services a Heating and Lighting -Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis b Standby Power- The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building c Waste- The CITY will provide a waste receptacle and collection service for all waste, EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste d Storage Space - The CITY will provide storage space for limited storage of non "controlled" operation supplies 2 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY 1. Basic Services e. Meeting Room—The CITY will provide a meeting room of 600 square feet at no cost, following established Fire Department system for room scheduling 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY L General Services a Paramedic Unit -The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY b Security- The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel c Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel d Special Conditions - The COUNTY further agrees that any problems or issues that anse involving personnel or operations of the respective agencies will be handled as set forth in Exhibit B of this agreement, attached hereto and made a part hereof 4. RENT I. The COUNTY agrees to pay the CITY $744 75 per month, effective January 1, 2003, for space and other systems and services described in Item 1 above. The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease From the monthly rental, $215 08 each month will be placed in the City/Local 1747 Physical Fitness Program Fund The remainder will be utilized in the operational or capital fund as the City deems appropriate 3 5. TENANTIMPROVEMENTS I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security(locks) systems a All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties b Payment for the identified modifications shall be in addition to monthly payments provided for herein Any additional costs for changes to the original plan will require prior approval by the COUNTY All payments shall be made within 30 days of receipt of an invoice by the COUNTY c Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement d The COUNTY agrees to reimburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY e The COUNTY agrees that at the termination of this agreement to reimburse the CITY for the restoration of systems which where modified for the benefit of the Medics. 4 6. TERM I. This Lease Agreement is for two (2) years beginning January 1, 2003 and expires December 31, 2004 This agreement maybe terminated annually for lack of funding H. Termination for Other Causes: a This Agreement is subject to termination upon Ninety(90) days written notice by the COUNTY should I The CITY fail to comply with the terms and conditions express herein, u. The CITY falls to provide work or services expressed herein b This Agreement is subject to termination upon ninety(90) days written notice by the CITY should I The COUNTY fail to comply with the terms and conditions of this agreement ii If, in the Judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City III. Changes: a Either party may request changes in the services to be performed or provided hereunder Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties 7. HOLD HARMLESS AND INDEMNIFICATION I. The COUNTY agrees to assume responsibility for all liabilities that occur or anse in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials,harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees ansmg out of or relating to the performance of this agreement is 5 7. HOLD HARMLESS AND INDEMNIFICATION II. The CITY agrees to assume responsibility for all liabilities that occur or anse in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees arising out of or relating to the performance of this agreement 8. INSURANCE I. The CITY understands that the COUNTY is self-insured The County shall provide the CITY with proof of said insurance upon request 9. NOTICES 1. Official notice under this lease shall be given as follows To City- City of Kent Fire Department 24611 116th Ave S E Kent WA 98030 To County King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written LESSOR: CITY OF KENT LESSEE: KING COUNTY, WA FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES BY: BY: TITLE: MAYOR TITLE: DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney Deputy Prosecuting Attorney DATE: DATE: BY: Manager Property Services Division DATE: 7 EXHIBIT B Special Conditions Interagency Cooperation a The COUNTY agrees to designate one (1)paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY c The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division Date Date Approved Approved Jim White, Mayor Manager King County EMS City of Kent 8 Kent City Council Meeting Date November 5, 2002 Category Consent Calendar 1 SUBJECT: SALE OF SURPLUS FIRE VEHICLE—AUTHORIZE 2. SUMMARY STATEMENT: Authorization to surplus a 1981 GMC/Manon Aid Car and authorize the Fire Chief to advertise the vehicle in local papers for sale with an asking price of S1,500 or best offer This vehicle (VIN #507894—Apparatus 752) is of no use to the Fire Department due to its age, high mileage, and cost to maintain. The City is allowed by State law to dispose of such surplused apparatus in ways other than going out to bid. Funds from the sale of this vehicle will be placed in the Apparatus Replacement Fund. 3. EXHIBITS: None 4. RECOMMENDED BY: Fire Chief, Assistant Chief Hamilton & Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: Cost of ad SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6S Kent City Council Meeting Date November 5, 2002 Category Other Business 1. SUBJECT: 108TH AVENUE TOWNHOMES REZONE (RZ-2002-1) — APPROVE 2 SUMMARY STATEMENT: This request by Campbell/Nixon & Associates is to rezone approximately 1.1 acres of property from CC, Community Commercial, to MR-T16, Multifamily Residential Townhouse. The property address is 24121 108th Avenue SE. A public hearing was held before the Hearing Examiner on October 2, 2002 and the Hearing Examiner issued Findings, Conclusions and a recommendation to approve the rezone on October 16, 2002 3 EXHIBITS: Staff report and map & Findings, Conclusions and Decision 4 RECOMMENDED BY: Hearing Examiner (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 CAIL-e moves, Councilmember seconds to accept4tjc Lw,@44y the findings, conclusions, and recommendations of the Hearing Examiner on the 108th Avenue Townhomes Rezone and to direct the City Attorney to prepare the necessary ordinance DISCUSSION: ACTION 72 Council Agenda Item No. 7A 4 t O w ui ty (n Z W O Q > N S Q ryryZ t LL� O JAMES 5T SE_ 240th 5T S�tC 5 E 244th 5T w w n s v O SE 256th ST KENT Kq��EY RD APPLICATION NAME 108TH AVENUE TOWNHOMES REZONE REQUEST #RZ-2002-1 KIVA#2021538 VICINITY MAP North � VV 5 Zp02T N Jzz �p\ �1 GI AI v " 3 F R m Ali I �, m � O II J A�RN1� lJG III it A O At NO w N I ii ^l m m - - -- -- --- -- Any A. IT o I � N ITa AlAI m j O IN w O � I 7'�� x mImI, m IDuI On0w . �; ow r �I Now l ii Al NOw ' mmro sl :mzO pA) ^mw I At mmm m O inAOO I n,AQ � ` i� mOO MOO I III m 0 0 [ m N(1 O itiii (Oj r�iii 111 In Qt J J A % w ti l i nO � I i�n0 A n 11 y O I m I m o m o I I I _—.J— _ ti j i O a ci I' O a I�A% m N I. 0 zti wa N nAl Al NOO 9_ �„I N � 1°�I A' -�(;jQ RECEIVED Ii In ill 'A, � I illi ii 30� ^/O L//� L e I ;I III y ° MAY AI 1 4` ° I 3 CITY OF KE d -< PLANNING SEMICES i y �99jj ;G ]y umpmli/Nrxan I,SSMAIL m 1 d: a a �'� • Amhmll�n of FnpvwSe.m pBTN dVENE TgWKtES KENT,W45HINGTGN'2031 . ■ 1 A g 1���5 GI IT "v r�mnu..im r..mnw�m I OFFICE OF THE LAND USE HEARING EXAMINER K E N T Theodore P Hunter WII. I.iTI4 Hearing Examiner COMMUNITY FINDINGS, CONCLUSIONS AND DECISION DEVELOPMENT Fred N Satterstrom,AICP Director FILE NO 108T" Avenue Townhomes #RZ-2002-1 KIVA #2021538 PLANNING SERVICES Charlene Anderson,AICP APPLICANT Campbell/Nixon and Associates Manager Mailing Address- REQUEST A request to rezone approximately 1 1 acres of 220 Fourth Ave S property from CC, Community Commercial, to Kent, WA 98032-5895 MR-T16, Multifamily Residential Townhouse Location Address 400 West Gowe LOCATION The property is located approximately two Kent, WA 98032 blocks south of SE 240th Street on Phone 253-856-5454 1081h Avenue SE (24121 108tii Avenue SE) Fax 253-856-6454 APPLICATION FILED May 16, 2002 DETERMINATION OF NONSIGNIFICANCE ISSUED August 31 , 2002 MEETING DATE October2, 2002 DECISION ISSUED October 16, 2002 DECISION APPROVAL STAFF REPRESENTATIVE: Matt Gilbert, Planning Services PUBLIC TESTIMONY Ted Nixon, applicant EXHIBITS 1 Hearing Examiner file containing Staff Report with Attachments- a Vicinity Map b Zoning Map Amendment (Rezone) Application received May 15, 2002 c Notice of Public Hearing dated September 20, 2002 d Narrative of Compliance with Kent Rezone Criteria received May 15, 2002 e Detailed Site Plan, 108th Avenue Townhomes, dated May 14, 2002 f Vicinity Map g Zoning Map Amendment (Rezone) Application received May 15, 2002 h Notice of Public Hearing dated September 20, 2002 i Narrative of Compliance with Kent Rezone Criteria received May 15, 2002 j Detailed Site Plan, 108th Avenue Townhomes, dated May 14, 2002 k. Notice of Application issued June 17, 2002 I. Notice of Completeness dated June 3, 2002 m. Determination of Nonsignificance issued August 31 , 2002 n. Environmental Checklist o. Legal Description p Site Plan dated May 15, 2002 q Tree Survey dated May 14, 2002 FINDINGS 1 Ted Nixon on behalf of Campbell/Nixon & Associates ("Applicant') requested a Zoning Map Amendment to change the zoning on two parcels of property from CC, Community Commercial to MR-T16, Multifamily Residential Townhome District The subject property, located approximately two blocks south of SE 240th Street on 108th Avenue SE, occupies approximately 1 1 acres of land t Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment a, Exhibit 1, Attachment b 2. The subject property is not developed It is generally flat with slopes of less than two percent Site vegetation includes grass, shrubs, and trees No sensitive areas have been identified onsite, however, a 1 5-acre sensitive area tract is located on an adjacent parcel, and a portion of the subject property is encumbered by building setbacks as a result of the proximity of the sensitive area tract Exhibit 1, Staff Report, pages 2, 3. 3 The Applicant does not propose to develop the property at this time Exhibit 1, Staff Report, page 3 Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate any significant, adverse environmental impacts Exhibit 1, Staff Report, page 10 The Public Works The legal description is provided on Exhibit 1, Attachmentj Hearing Examiner Findings and Recommendation 10e Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 2 of 9 Department may require improvements to 108th Avenue SE to serve future developments on the property as a part of the environmental review of any specific development proposal Exhibit 1, Staff Report, page 7. 4 The purpose of the MR-T16 zone is "to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan " KCC 15 03.010 The KCC provides that specific zones are required to be in existence on the property proposed to be rezoned at the time of application for a rezone to an MR-T zone The CC zone is among the required zones for which a rezone to MR-T can be proposed. KCC 15.04 030(19) 5 Allowed uses within the MR-T16 zone include a variety of residential uses such as townhouse units, duplexes, and single-family residences KCC 15 04 020, Exhibit 1, Staff Report, page 6 The minimum lot size in the MR-T16 zone is 3,107 square feet, which is significantly less than the smallest lots allowed in single-family zoning districts By reducing the minimum lot size, the proposed rezone would enable the creation of additional affordable housing. Exhibit 1, Staff Report, page 7. 6 Access to the subject property is via 108th Avenue SE, which is classified by the City as a Residential Arterial street. The street is developed with three lanes and has curb, gutter, sidewalk, and street light improvements Exhibit 1, Staff Report, page 3 The street forms a dead end at the south end of the site. Exhibit 1, Staff Report, page 8. 7 To the north and west of the subject property, properties are zoned Community Commercial (CC) To the east of the property is a Medium Density Multifamily Residential (MR-M) zoning district. To the south is a Single Family Residential (SR-3) zoning district Exhibit 1, Staff Report, page 2 The comprehensive land use plan map contemplates Mixed-Use development in the area surrounding the subject property Exhibit 1, Staff Report, page 6 8 The subject property has a comprehensive plan land use map designation of Mixed Use-Restricted Exhibit 1, Staff Report, page 5 Land uses contemplated on lands designated as Mixed Use include retail, office, and multifamily residential uses Exhibit 1, Staff Report, page 8 The Mixed Use-Restricted designation allows multifamily development only as part of a mixed-use development In contrast, the MR-T16 zoning district does not allow retail or office uses, The City planning staff submitted that with a convenience retaiVrestaurant use located within 300 feet, and other service and retail uses in the vicinity, development consistent with the MR-T16 zone would be part of a Nearing Examiner Findings and Recommendation 1Oe Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 3 of 9 larger mix of uses in the immediate vicinity, and would be consistent with the MU- R Comprehensive Plan designation. Exhibit 1, Staff Report, page 8 9 Applicable provisions of the City Comprehensive Plan include • The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits. City of Kent Comprehensive Plan, Land Use Goal LU-8. • Locate housing opportunities within close proximity to employment, shopping, transit and human and community services. City of Kent Comprehensive Plan, Policy LU-8.a • Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area. City of Kent Comprehensive Plan, Land Use Goal LU-9. • Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and fourplexes, duplexes, and attached single-family units in multifamily districts and designated commercial areas City of Kent Comprehensive Plan, Policy L U-9 2. • Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of development City of Kent Comprehensive Plan, Goal H-1 • Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element City of Kent Comprehensive Plan, Policy H-1.2. • Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending City of Kent Comprehensive Plan, Goal H-4. • Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, Hearing Examiner Findings and Recommendation 1Oe Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 4 of 9 clustering, and other options which increase the supply of affordable home ownership opportunities City of Kent Comprehensive Plan, Policy H-4 1 • Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act City of Kent Comprehensive Plan, Goal TR-1 • Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges City of Kent Comprehensive Plan, Policy TR-1.1 • Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible City of Kent Comprehensive Plan, Policy TR-1 5 • Promote land use patterns which support public transportation City of Kent Comprehensive Plan, Policy TR-1 7 10 Land uses surrounding the subject property include a 1 5-acre wetland tract to the north, a multifamily residential development to the east, vacant property zoned for residential use to the south, and a self-storage/mini-warehouse development to the west The City planning staff submitted that the dominant land use along 108th Avenue SE is medium density multifamily residential use, which is located across the street from the subject property The subject property is within 300 feet of a convenience retail/restaurant establishment It is also within one quarter of a mile of the intersection of 104th Avenue SE and SE 240th Street (James Street), where land uses include strip mall retail, restaurant, health club, medical office, convenience retail, and postal service Multiple METRO bus routes serve the area with stops on 104th Avenue and SE 240th Street Exhibit 1, Staff Report, pages 5, 8, Exhibit 1, Attachment k 11 The planning staff submitted that the rezone will not generate additional trips and will reduce the potential for PM peak hour trips on public streets Exhibit 1, Staff Report, page 9; Exhibit 1, Attachment d 12 Since the subject property was zoned CC at the time of annexation in 1984, it has not been developed because commercial land use development requires additional site visibility from SE 240th Street and because it is located on a dead end street The adjacent 1 5-acre protected wetland, which was established in 1996, limits visibility and screens the subject property from view of SE 240th Heanng Examiner Findings and Recommendation 108m Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 5 of 9 Street, reducing the appeal of the property for commercial use Exhibit 1, Staff Report, page 9, Exhibit 1, Attachment d, Testimony of Mr. Nixon. The Washington Growth Management Act, enacted in 1990, requires municipalities to manage predicted growth using land use planning and zoning tools, including rezones. Testimony of Mr. Nixon. 13. The City issued a Determination of Nonsignificance (DNS) on August 31, 2002. In the DNS, the City determined that the proposal would not have a probable significant adverse environmental impact Exhibit 1, Attachment h. 14 The City Planning Staff recommended approval without conditions. Exhibit 1, Staff Report, page 10, Testimony of Mr Gilbert. 15. KCC 12 01 145 requires the City to mad, publish, and post notice of the public hearing not less than ten days prior to the hearing date KCC 12.01 145. The City published the notice of hearing in the South County Journal, mailed the notice on September 20, 2002, and posted the notice on the subject property on September 20, 2002. Exhibit 1, Attachment c, Exhibit 1, Staff Report, page 4 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold a public hearing on this rezone, and to issue a written recommendation to the Council, pursuant to RCW 35A 63.170, and Chapter 2.32 and Section 15.09 050 of the Kent City Code Criteria for Review Section 15.09.050(C) of the Kent zoning code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be granted if a The proposed rezone is consistent with the Comprehensive Plan; b The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; c The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Rearing Examiner Findings and Recommendation 10e Avenue Townhomes #RZ-2002-1 K1VA #2021538 Page 6 of 9 . d Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; [and] e The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the city. In addition, in a request for a rezone to MR-T, the Hearing Examiner and City Council shall evaluate a request for a MR-T rezone on the basis of the standards contained in KCC 15.09 050(F)(1). That section provides The proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single-family residential neighborhoods KCC 15.09.050(F)(1) Conclusions Based on Findings- 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed rezone would facilitate the creation of additional dwelling units and would enable housing to be located near employment, shopping, and transit services. The rezone would allow townhouse, duplex, or single-family housing, . providing an opportunity for increased housing types and densities. Development in accordance with the rezone would provide affordable housing ownership opportunities The access would be via a street designated as a Residential Arterial METRO transit is available in the vicinity of the subject property, and the rezone would encourage its use. Because of the proximity of a convenience retail/restaurant use within 300 feet, and other service and retail uses in the vicinity, development consistent with the MR-T16 zone would be part of a larger mix of uses in the immediate vicinity and would be consistent with the MU-R Comprehensive Plan designation. Findings of Fact Nos 5, 6, 8, 9, 10. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Land uses in the vicinity include a multifamily residential development to the east, vacant property zoned for residential use to the south, a self-storage/mini-warehouse development to the west, and a wetland tract to the north The proposed rezone would change the zoning from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16), which would be compatible with the existing multifamily residential development Findings of Fact Nos 1, 7, 9 Hearing Examiner Findings and Recommendation We Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 7 of 9 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone would not generate added trips to the existing transportation system, and would reduce the potential for PM peak hour trips on public streets Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts. In particular, the Public Works Department may require improvements to 108th Avenue SE to serve future developments on the property as a part of SEPA review of specific development proposals. Findings of Fact Nos. 3, 10. 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The current zoning district was established in 1984 Since that time, the adjacent property to the north was designated as a protected wetland, the Washington Growth Management Act (GMA) was enacted, and properties along 108th Avenue SE were developed with multifamily residential uses. The GMA has increased the demand for affordable housing. At the same time, the multifamily residential development and the designation of the protected wetland has reduced the property's potential for commercial development. Finding of Fact No 11 5. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. This is a non-project rezone The Applicant does not propose a development at this time Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts. Future review of any proposed development of the site will ensure that the rezone would not adversely affect the health, safety, and general welfare of City citizens Finding of Fact No 3 6. The proposed rezone site is adjacent to or has convenient access to an arterial street and the traffic accessing the MR-T development will minimize the disruption to single-family residential neighborhoods. Access to the subject property is via 108th Avenue SE, which is classified by the City as a Residential Arterial. Although the property to the south is zoned for single-family residential development, it has not been developed Furthermore, 108t Avenue SE forms a dead end at the south end of the site, and traffic accessing the subject property would not disrupt the single-family residential neighborhood to the south Findings of Fact Nos. 6, 7 Hearing Examiner Findings and Recommendation 10e Avenue Townhomes #RZ-2002-1 K1VA #2021538 Page 8 of 9 RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends that this application for the rezone from Community Commercial (CC) to Multifamily Residential Townhome (MR-T16) on approximately 1 1 acres of property located two blocks south of SE 240th Street on 108 approximately SE be APPROVED It Is the Hearing Examiner's opinion that the rezone request meets the criteria for approval established by the Council DATED this 16th day of October 2002 T� THEODORE PAUL HUNTER Hearing Examiner S Term it\Plan\rezone\2002\202153B-2002-1 FINDINGS DOC Hearing Examiner Findings and Recommendation 108`h Avenue Townhomes #RZ-2002-1 KIVA #2021538 Page 9 of 9 COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone 253-856-5454 Fax 253-856-6454 KENT W n s N I M G T o x Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF OCOBER 2, 2002 FILE NO 108T"AVENUE TOWNHOMES REZONE #RZ-2002-1 KIVA# 2021538 APPLICANT Campbell/Nixon & Associates Ted Nixon (253) 854-2470 REQUEST A request to rezone approximately 1 1 acres of property from CC, Community Commercial to MR-T16, Multifamily Residential Townhouse STAFF REPRESENTATIVE Matt Gilbert, Planner STAFF RECOMMENDATION APPROVAL GENERAL INFORMATION A Description of the Proposal The applicant proposes to rezone approximately 11 acres from the current zoning of CC, Community Commercial to MR-T16, Multifamily Residential Townhome District Staff Report 108th Avenue Townhomes #RZ-2001-1 KIVA #2021538 B Location The subject property is located approximately two blocks south of Southeast 240th Street on 108th Avenue Southeast C Size of Property The property consists of two parcels with a combined area of approximately 1.1 acres (parcel #7830800074 and #7830800076) D Zoning Properties surrounding the subject site to the north and west are zoned CC, Community Commercial The property to the east of the subject site, across 108th Avenue, is zoned MR-M, Medium Density Multifamily Residential The property directly to the south is zoned SR-3, Single- Family Residential E Land Use The subject property is currently vacant and undeveloped F History The property is part of 40 acres annexed to the City of Kent on April 16, 1984 under Ordinance No 2467 The two lots that make up the subject site were created in 1996 through the Lobruch Inc Short Plat (City of Kent SP-96-22) II ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment A Determination of Nonsignificance (DNS) (#ENV-2002-27) for the rezone proposal was issued without conditions on August 31, 2002 Site specific impacts will be analyzed in the SEPA checklist submitted with the specific project that is proposed for the site Page 2 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 B Significant Physical Features Topography. Wetlands and Vegetation No sensitive areas have been identified on the subject site Vegetation on the subject parcel consists of various types of grass, shrubs and trees The site is generally flat as on-site slopes do not exceed 2 percent A 1 5 acre sensitive area tract which protects a wetland and its associated buffer area is located on the parcel immediately north of the subject property This tract was established in 1996 as part of the Lobruch Inc Short Plat (City of Kent SP-96-22) Budding setback Imes associated with this tract encroach onto the north 15 feet of the subject property Because the proposed rezone does not contemplate development at this time, on-site environmental impacts associated with potential development have not been analyzed While this non-project rezone proposal does not appear to adversely affect the neighboring wetland area, development impacts will be analyzed in the SEPA checklist submitted with the specific project that is proposed for the site. Also required will be approval of detailed drainage plans, approval of plans for a stormwater retention/detention facility, an approved wetland delineation/ reconnaissance report and if necessary, a wetland mitigation plan C Significant Social Features 1, Street System The subject property is located adjacent to 108th Avenue SE which is classified a Residential Arterial The street is currently developed with three lanes of traffic at this site and is improved with curb, gutter, sidewalk and street lighting facilities 2, Water System The site is located within the City of Kent water service area Sanitary Sewer System The site is located within the City of Kent sanitary sewer service area Page 3of10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 3. Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application- Chief Administrative Officer City Attorney Director of Public Works Police Department Parks & Recreation Director Fire Chief Building Official City Clerk US Post Master Kent School District Washington State DOT K C Wastewater Treatment Puget Sound Energy Washington State DOE Qwest K C Transit Division King County Env Health In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing Staff comments have been incorporated in the staff report where applicable IV PLANNING SERVICES REVIEW A Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan The 1995 plan was prepared under the provisions of the Washington State Growth Management Act The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects Page 4 of 10 Staff Report 108'"'Avenue Townhomes #RZ-2001-1 KIVA #2021538 LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as Mixed Use-Restricted (MU-R) The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Overall Goal Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Land Use Goal LU-8 The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area Policy LU-8 3 Locate housing opportunities within close proximity to employment, shopping, transit and human and community services. Planning Services Comment The goals and policies of the land use element support the proposed rezone The subject property is located within 300 feet of a convenience retaillrestaurant establishment Further, the site is located within a quarter mile of the intersection of 104`h Avenue SE and SE 240ih Street (James Street). Land uses around this intersection currently include strip retail, restaurant, health club, medical office, convenience retail and postal service Multiple METRO bus routes service the area via stops on 104ih Avenue SE and SE 240TH Street Land Use Goal LU-9 Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area Policy LU-9 2: Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and Page 5 of 10 Staff Report 108`"Avenue Townhomes #RZ-2001-1 KIVA #2021538 fourplexes, duplexes, and attached single- family units in multifamily districts and designated commercial areas Planning Services Comment The MR-T16 zoning district allows a variety of residential uses including townhouse units, duplexes and single family dwellings HOUSING ELEMENT Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of development Policy H-1 2 Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element As noted above, the proposed location is within close proximity of a variety of community services uses and has easy access to public transportation Also, as noted elsewhere in this report, the proposed rezone is consistent with the Land Use Plan Map, which contemplates Mixed-Use development for this area Goal H-4 Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending Policy H-4 1 Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities Page 6of10 Staff Report 108�h Avenue Townhomes #RZ-2001-1 KIVA #2021538 Planning Services Comment The MR-T16 zoning designation allows for, among other housing options, medium density townhouse development The development standards for the MR-T16 zoning district effectively allow for a minimum lot size of 3,107 square feet, significantly less than the smallest lots allowed in any of Kent's single-family zoning districts The proposed rezone would facilitate more affordable housing by reducing the required lot area associated with each residential unit TRANSPORTATION ELEMENT Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-1 1. Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges Policy TR-1 5• Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Policy TR-1 7 Promote land use patterns which support public transportation Planning Services Comment The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone for Mixed Use-Restricted The Public Works Department will identify specific improvements, which will be necessary on 108th Avenue SE to serve subsequent development of the property These improvements will be addressed in the project specific SEPA checklist to be submitted with any development proposal for the site B Standards and Criteria for a Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate Page 7 of 10 Staff Report 108`h Avenue Townhomes #RZ-2001-1 KIVA #2021538 a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as Mixed Use-Restricted which is discussed in the Land Use element of the Comprehensive Plan The Mixed-Use designation allows retail, office and multifamily residential uses together in the same area The Mixed-Use Restricted designation allows multifamily development only as part of a mixed-use development. The MR-T16 zoning district does not allow retail or office uses and appears to be in conflict with the MU-R requirement for a mix of uses, however, it is important to note that this site is located within 300 feet of a convenience retail/restaurant development, with other service and retail uses in the immediate vicinity It is also notable that with an existing CC, Community Commercial zoning designation, this property is able to convert to MR-T16 per the Kent Zoning Code Planning Services staff has determined that this close proximity of service and retail uses will allow residential development of this site to be part of a larger mix of uses located within the immediate vicinity and is thus consistent with the intent of the MU-R Comprehensive Plan designation. As discussed earlier, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity Planning Services Comment Current uses surrounding the subject property include a multifamily development to the east, a self-sto ragelmi n i-wa rehouse development to the west, a 1 5 acre wetland tract to the north and vacant residentially zoned land to the south The subject site is located along a short stretch of 108th Avenue SE, which dead-ends at the southern end of the site. The dominant land use along this stretch is a medium density multifamily development, located across 108th Avenue SE The proposed new zoning designation would allow medium density residential development, and thus be compatible with the dominant surrounding development Page 8of10 Staff Report 108`h Avenue Townhomes #RZ-2001-1 KIVA #2021538 Section 15 03 010 of the Kent City Code defines the purpose of the Multifamily Residential-Town home district as follows, "It is the purpose of the MR-T districts to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan " According to the statement above, the proposed rezone of this site to the MR-T16 zoning designation is appropriate because the site is situated at the border between high intensity commercial land use and a low intensity residential land use Consequently, development of the site as medium- density single family units, duplexes or townhouses is suitable to provide an effective transitional intensity of land use between the commercial uses to the north and west and the low density, residential uses to the south 3, The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Planning Services Comment The rezone of this property to MR-T16 Multifamily Residential Townhouse district will not generate additional trips onto the existing transportation system In fact, according to staff analysis, this request, if approved, will reduce the potential for PM Peak Hour Trips on the public street network 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone Planning Services Comment The subject parcel has remained undeveloped under the current zoning of Community Commercial since it was annexed to the City of Kent in 1984 Development of the site as a commercial land use would require increased site visibility from SE 240th Street Visibility is limited by the adjacent 1 5 acre protected wetland area, which was established in 1996 and effectively screens the site from view of SE 240th Street Viability of commercial development on the subject site is further limited by its location at a dead-end terminus of 108t" Ave SE 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Page 9 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent V CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the 108�h Avenue Townhomes rezone KENT PLANNING DEPARTMENT • September 9, 2002 MG\ch\S \Permit\Plan\rezone\2002\2021538-2002-lreport doc Page 10 of 10 0 COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES Charlene Anderson, AICP, Manager /�� Phone 253-856-5454 v C N Fax 253-856-6454 \VV�� w^.s HL Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF OCOBER 2, 2002 FILE NO 108TH AVENUE TOWNHOMEs REZONE #RZ-2002-1 KIVA# 2021538 APPLICANT Campbell/Nixon & Associates Ted Nixon (253) 854-2470 REQUEST A request to rezone approximately 1 1 acres of property from CC, Community Commercial to MR-T16, Multifamily Residential Townhouse STAFF REPRESENTATIVE Matt Gilbert, Planner STAFF RECOMMENDATION APPROVAL I GENERAL INFORMATION A Description of the Proposal The applicant proposes to rezone approximately 1 1 acres from the current zoning of CC, Community Commercial to MR-T16, Multifamily Residential Townhome District Staff Report 108`h Avenue Townhomes #RZ-2001-1 KIVA #2021538 B Location The subject property is located approximately two blocks south of Southeast 240�" Street on 108t" Avenue Southeast C Size of Property The property consists of two parcels with a combined area of approximately 1 1 acres (parcel #7830800074 and #7830800076) D Zoning Properties surrounding the subject site to the north and west are zoned CC, Community Commercial The property to the east of the subject site, across 108th Avenue, is zoned MR-M, Medium Density Multifamily Residential The property directly to the south is zoned SR-3, Single- Family Residential E Land Use The subject property is currently vacant and undeveloped F History The property is part of 40 acres annexed to the City of Kent on April 16, 1984 under Ordinance No 2467 The two lots that make up the subject site were created in 1996 through the Lobruch Inc Short Plat (City of Kent SP-96-22) II ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment A Determination of Nonsigni icance (DNS) (#ENV-2002-27) for the rezone proposal was issued without conditions on August 31, 2002 Site specific impacts will be analyzed in the SEPA checklist submitted with the specific project that is proposed for the site Page 2 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 B Significant Physical Features Topography, Wetlands and Vegetation No sensitive areas have been identified on the subject site Vegetation on the subject parcel consists of various types of grass, shrubs and trees The site is generally flat as on-site slopes do not exceed 2 percent A 1 5 acre sensitive area tract which protects a wetland and its associated buffer area is located on the parcel immediately north of the subject property This tract was established in 1996 as part of the Lobruch Inc, Short Plat (City of Kent SP-96-22) Building setback lines associated with this tract encroach onto the north 15 feet of the subject property Because the proposed rezone does not contemplate development at this time, on-site environmental impacts associated with potential development have not been analyzed While this non-project rezone proposal does not appear to adversely affect the neighboring wetland area, development impacts will be analyzed in the SEPA checklist submitted with the specific protect that is proposed for the site Also required will be approval of detailed drainage plans, approval of plans for a stormwater retention/detention facility, an approved wetland delineation/ reconnaissance report and if necessary, a wetland mitigation plan C Significant Social Features 1 Street System The subject property is located adjacent to 108'" Avenue SE which is classified a Residential Arterial The street is currently developed with three lanes of traffic at this site and is improved with curb, gutter, sidewalk and street lighting facilities 2 Water System The site is located within the City of Kent water service area Sanitary Sewer System The site is located within the City of Kent sanitary sewer service area Page 3 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 3 Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application Chief Administrative Officer City Attorney Director of Public Works Police Department Parks & Recreation Director Fire Chief Budding Official City Clerk US Post Master Kent School District Washington State DOT K C Wastewater Treatment Puget Sound Energy Washington State DOE Qwest K C Transit Division King County Env Health In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing Staff comments have been incorporated in the staff report where applicable IV PLANNING SERVICES REVIEW A Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. Page 4 of 10 Staff Report 108th Avenue Townhomes #RZ-2001-1 KIVA #2021538 LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as Mixed Use-Restricted (MU-R) The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Overall Goal Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Land Use Goal LU-8 The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an mterlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area Policy LU-8 3 Locate housing opportunities within close proximity to employment, shopping, transit and human and community services Planning Services Comment- The goals and policies of the land use element support the proposed rezone The subject property is located within 300 feet of a convenience retail/restaurant establishment Further, the site is located within a quarter mile of the intersection of 104th Avenue SE and SE 240th Street (James Street) Land uses around this intersection currently include strip retail, restaurant, health club, medical office, convenience retail and postal service Multiple METRO bus routes service the area via stops on 104th Avenue SE and SE 240TH Street Land Use Goal LU-9 Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area Policy LU-9 2 Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and Page 5 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 fourplexes, duplexes, and attached single- family units in multifamily districts and designated commercial areas Planninq Services Comment The MR-T16 zoning district allows a variety of residential uses including townhouse units, duplexes and single family dwellings HOUSING ELEMENT Goal H-1 Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of development Policy H-1 2 Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element As noted above, the proposed location is within close proximity of a variety of community services uses and has easy access to public transportation Also, as noted elsewhere in this report, the proposed rezone is consistent with the Land Use Plan Map, which contemplates Mixed-Use development for this area Goal H-4: Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending Policy H-4 1 Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities Page 6 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 Planning Services Comment. The MR-T16 zoning designation allows for, among other housing options, medium density townhouse development The development standards for the MR-T16 zoning district effectively allow for a minimum lot size of 3,107 square feet, significantly less than the smallest lots allowed in any of Kent's single-family zoning districts The proposed rezone would facilitate more affordable housing by reducing the required lot area associated with each residential unit TRANSPORTATION ELEMENT Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-1 1 Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor artenals or around freeway interchanges Policy TR-1 5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Policy TR-1 7 Promote land use patterns which support public transportation. Planning Seances Comment The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone for Mixed Use-Restricted The Public Works Department will identify speafic improvements, which will be necessary on 108th Avenue SE to serve subsequent development of the property These improvements will be addressed in the project specific SEPA checklist to be submitted with any development proposal for the site. B Standards and Criteria for a Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate Page 7 of 10 Staff Report • 1081h Avenue Townhomes #RZ-2001-1 KIVA #2021538 a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1 The proposed rezone is consistent with the Comprehensive Plan Planninq Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as Mixed Use-Restricted which is discussed in the Land Use element of the Comprehensive Plan The Mixed-Use designation allows retail, office and multifamily residential uses together to the same area The Mixed-Use Restricted designation allows multifamily development only as part of a mixed-use development The MR-T16 zoning district does not allow retail or office uses and appears to be in conflict with the MU-R requirement for a mix of uses, however, it is important to note that this site is located within 300 feet of a convenience retail/restaurant development, with other service and retail uses in the immediate vicinity It is also notable that with an existing CC, Community Commercial zoning designation, this property is able to convert to MR-T16 per the Kent Zoning Code. Planning Services staff has determined that this close proximity of service and retail uses will allow residential development of this site to be part of a larger mix of uses located within the immediate vicinity and is thus consistent with the intent of the MU-R Comprehensive Plan designation As discussed earlier, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan 2 The proposed rezone and subsequent development of the site would be compatible with development in the vicinity Planning Services Comment Current uses surrounding the subject property include a multifamily development to the east, a self-storage/mini-warehouse development to the west, a 1 5 acre wetland tract to the north and vacant residentially zoned land to the south The subject site is located along a short stretch of 108th Avenue SE, which dead-ends at the southern end of the site The dominant land use along this stretch is a medium density multifamily development, located across 108th Avenue SE The proposed new zoning designation would allow medium density residential development, and thus be compatible with the dominant surrounding development Page 8 of 10 Staff Report 1081h Avenue Townhomes #RZ-2001-1 KIVA 42021538 Section 15 03 010 of the Kent City Code defines the purpose of the Multifamily Residential-Townhome district as follows, "It is the purpose of the MR-T districts to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan " According to the statement above, the proposed rezone of this site to the MR-T16 zoning designation is appropriate because the site is situated at the border between high intensity commercial land use and a low intensity residential land use Consequently, development of the site as medium- density single family units, duplexes or townhouses is suitable to provide an effective transitional intensity of land use between the commercial uses to the north and west and the low density, residential uses to the south 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Planning Services Comment The rezone of this property to MR-T16 Multifamily Residential Townhouse district will not generate additional trips onto the existing transportation system In fact, according to staff analysis, this request, if approved, will reduce the potential for PM Peak Hour Trips on the public street network 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone Planning Services Comment The subject parcel has remained undeveloped under the current zoning of Community Commercial since it was annexed to the City of Kent in 1984 Development of the site as a commercial land use would require increased site visibility from SE 240th Street Visibility is limited by the adjacent 1 5 acre protected wetland area, which was established in 1996 and effectively screens the site from view of SE 240th Street Viability of commercial development on the subject site is further limited by its location at a dead-end terminus of 1Wi Ave SE 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Page 9 of 10 Staff Report 108'"Avenue Townhomes #RZ-2001-1 KIVA #2021538 Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the 108th Avenue Townhomes rezone KENT PLANNING DEPARTMENT September 9, 2002 MG1ch\S.\PermltlPlan\rezone\2002\2021538-2002-1 report.doc Page 10 of 10 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT ( )dA ���._ 77 aw zv e e c e rr B. OPERATIONS COMMITTEE �a C. PUBLIC SAFETY COMMITTEE �,p D PUBLIC WORKS G2 a ,.L E. PLANNING COMMITTEE F. PARKS COMMITTEEW&J I I - fa cf 4pm cc.ar, "— ne !V" q & � pC11a ` Rey- u IF G. ADMINISTRATIVE REPORTS 7" au!20 e'0 f,{1 h�cu�rw A REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES October 1, 2002 COMMITTEE MEMBERS PRESENT. Chair Rico Yingling, Leona Orr, Tim Clark STAFF PRESENT May Miller, Mike Martin, John Hodgson,Kathenn Johnson, Stan Waldrop, Chuck Miller, Marty Mulholland, Tom Brubaker, Pat Fitzpatrick, Robert Goehnng, Lon Hogan, Dena Laurent, Menna Hanson, Brenda Abney, Ronda Billerbeck,Tom Vetsch, , Brett Vinson, Eleanor Borgardts PUBLIC PRESENT R E Harman The meeting was called to order at 4 05 PM by Chair Rico Yingling Intergovernmental Purchasing Agreement between Kent and Bellingham was added to the agenda as Item #7 Items 7 and 8 were changed to items 8 and 9 Approval of Minutes of September 16, 2002 Committee Member Leona Orr moved approval of the minutes of September 16, 2002 The motion was seconded by Committee Member Tim Clark and passed 3-0 • Approval of Vouchers dated September 30, 2002 Tim Clark moved approval of vouchers dated September 30, 2002 The motion was seconded by Leona Orr and passed 3-0 City Council Rules and Procedures—Amend Resolution Pat Fitzpatrick,Deputy City Attorney,handed out a sheet showing a change to the resolution on page 10, section 30, which currently reads,Resolution 1562 is repealed He said Resolution 1562 is being amended, not repealed, and that whole section needed to be deleted completely The changes adopt and explain the role of the Council President Much of the duties have previously been performed, and those are now being written down and set forth in the resolution, The amendment proposes the Council President have oversight and approval of the expenditures of the Council budget, coordinate with the Mayor and City Clerk's office, ensure there are adequate Council facilities, equipment, and support, direct Council correspondence with the approval of the Council, coordinate and schedule retreats and other annual meetings for the Council, gather information and be a regional representative for the Council, and play a role in determining Councilmembers' areas of interest and/or expertise In response to Tim Clark's question about Section 5, #6, Direct Council correspondence as appropriate, with Council consent and consensus, Mr Fitzpatrick said the intent of that section was that correspondence sent on behalf of the Council, as a whole, would need Council approval If it were sent by a Councrimember, individually, that section wouldn't necessarily apply If Council came to a position on an issue, the Council President could present their position in a letter with the approval and representation of the Council, as a whole, in the correspondence Mr Clark stated that the problem would be with things currently under discussion rather than on enacted policies, and said there should be language that would speak to that effect Operations Minutes, 101IJ02 2 Mr Clark also took issue with#7, Collaborate with Council and the Mayor's once on policy issue consideration, including elements of timing, because the words "collaborate with the Mayor's office" could be interpreted to automatically put the Council dragging behind Administration in terms of any choice of what it was going to do Mr. Clark had trouble with the wording because of the separation of power issue and the potential for Administration to be the one setting policy Pat Fitzpatrick said#7 would implicate meeting together and discussing issues, and if it was in regard to an agenda meeting, in particular,what committee the items would go to and when they would go Leona Orr clarified that the Council President typically meets regularly with the Chief Administrative Officer from the Mayor's office to collaborate on issues and talk about what issues were coming up and when they would come to Council Ms Orr suggested that # 6 say, direct correspondence on behalf of the Council, as appropriate, with Council consent and consensus Then, if the Council President decided to write a letter representing the entire Council, the Council would need to approve it Rico Yingling suggested that 96 and#7 be rewritten and to make sure that #7 did not imply that Council could not proceed with policy on its own The issue was tabled to be brought back to the next meeting Council Agenda Format Changes Tim Clark said the intent for the Council agenda format changes was to improve communication with people that attend Council meetings and to give them an easier, friendlier feel for how the formal meeting of the City Council goes, particularly with the wording of the How To Participate section, so that the audience could get a clear guideline of how to talk to the City Council when they have a concern about an item Tim Clark moved to recommend that Council approve the changes in the format to the Council agenda and to forward said changes to the City Clerk's Office for implementation The motion was seconded by Leona Orr. Ms Orr pointed out that under Other Business it says, " ifpublic comment has not been received at a prior Committee, Board, or Council meeting, though the Council may receive public comment " implies that if public comment had been received, Council would not receive comment But, she noted, it also states, "Typically the Council does not receive public comment on these items " Ms Orr clarified that if there is an interest, the Council does receive public comment She said it sounds like the instructions are trying to discourage people from speaking under Other Business Also, on Changes to the Agenda, it says, "You may ask to speak to any item on the agenda For Other Business items see below " Ms Orr said she wouldn't want to give the public the impression that simply because something was on Other Business and it had been through some other format that Council wouldn't be willing to hear public comment As a rule, 90% of the time or more, the Council does allow public comment Tim Clark suggested bringing the item back to the next committee meeting after some language changes Operations Minutes, 10/1/02 3 Confirmation of New Lodging Tax Advisory Board Member Chief Administrative Officer Mike Martin said that the Mayor was going to suggest that Renee Huseby, Director of Sales at the Marriott Towne Place Suites in Kent,be confirmed as a member of the Lodging Tax Advisory Board at the next City Council meeting Leona Orr moved to recommend that Council confirm the appointment of Renee Huseby to the Lodging Tax Advisory Board. The motion was seconded by Tim Clark and passed 3-0. Police Svstem Contract Stan Waldrop, Information Technology Systems Division Manager, said that a key focus of the Technology Plan 2002 was an investment in public safety technology to replace and enhance the Police Records Management System The current Police system consists of two primary applications, the Police Records Management System and the Jail Management System,which were originally installed in 1987 The two systems do not talk to each other and technical support will be lost because the current vendor is a city who is moving onto other things IT hired Pam Gettman as the Public Safety Systems Analyst and Project Manager and formed a Police Technology Governance Committee,which consisted of all command staff on the police, and Deputy Police Chief Chuck Miller as the primary contact The RFP was released in August and the selection committee identified three finalists from the responses. The finalists were brought in to do vendor demonstrations and to see what systems would work for the City. In December of 2001, staff recommended Tiburon, Inc as the vendor of choice, and to March of • 2002 recommended to Council to go forward with contract negotiations with Tiburon, Inc The benefits of the new system are directly related to the things that were problems in the past or that was needed in a system Tiburon is committed to staying current with technology and has begun migrating their applications to a web-based platform They are committed to public safety and have been around for about 20 years All major applications will talk together, share a common platform and be able to share information with other agencies A Field Reporting application will also be added which will allow officers to submit their reports from the field to eliminate duplicate data entry. In response to Tim Clark's question about informational transfer of field reports, Deputy Police Chief Chuck Miller said that a report would download to the system after an officer writes it, then the sergeant would pull it up and review it If there were questions, it would go back to the officer. If there weren't questions, the sergeant would forward it on into the system without someone else having to type it in again Information would be available and returned to a requesting officer as fast as the system could transmit Leona Orr moved to recommend that Council approve the purchase of a Police Records Management System and Services and authorize the Mayor to sign a contract with Tiburon, Inc., subject to the approval of the Information Technology Director and the City Attorney. The motion was seconded by Tim Clark and passed 3-0. Operations Minutes, 10/1/02 4 Intergovernmental Purchasing Agreement between Kent and Bellingham Finance Director May Miller said the City of Kent was approached by the City of Bellingham last year after Kent had done its Boise Cascade office supplies contract bid and requested to join the bid At that time there was no mterlocal agreement with Bellingham, but they have now put forth an mterlocal agreement that would allow either city to "piggy back" off the other one's bid or to buy off of it with both purchasing An RCW allows the agreement and it's been reviewed with the City Attorneys for both cities Ms, Miller said this could be a beneficial agreement for both cities in the future. Tim Clark moved to authorize the Mayor to sign the Intergovernmental Purchasing Agreement between Kent and Bellingham. The motion was seconded by Leona Orr and passed 3-0. Dedicated Funds for Human Services and Cultural Arts ProErams Brenda Abney,Visual Arts Coordinator, gave a Power Point presentation on the City's Cultural Arts Program, which began in 1971. She said Ordinance 2552 was adopted in 1985 establishing a $2 per capita public art fund, which not only funded public art but saw the need to grow with the City and to administer the art projects In 1986, the City received its first award, the Dorothy Mullen Award from the National Recreation &Parks Association, and also received awards for the Youth Phased Recreation Art Projects Benefits of the funding mechanism are that it grows with the City and carries over from year to year and is not tied to a specific project but can be used for administration, acquisition, and maintaining City art It provides a stable base of funding for responsible stewardship of the City's collection Ms Abney said there has been changes in the use of the funds In 1986, 50% of the salaries for • the employees directly involved came from the City Art Fund and 50% from the General Fund, 5%went to administration of the art program in general In 2000, 100% of the salaries were paid from the City Art Fund and 50% of the fund went to administration in general. The remaining money allocations are for stewardship of the collection and the fund Work is chosen through suggestions from the Art Commission or the community and by following the Five Year Art Plan, which is updated each year and looks at the different needs of the City In response to Rico Yingling's question about the current cost of managing Kent's art inventory, Ms Abney said it was about $80,000 a year Parks Director John Hodgson noted that due to time constraints they would bring back the Human Services portion to the next Operations Committee meeting. He said the Council had shown great wisdom when they based the Cultural Arts Program on a per capita instead of percentage per project because it allowed more flexibility and the program to grow as the community grew. August Financial Report May Miller presented the August Financial Report She said the revenue picture had continued to worsen. In May, it was 6%below budget, in June 6 3%, and now was at 6 5%, which equaled S2 4 million dollars Sales Tax was 6.1% under budget, Wholesale was $500,000 down and Retail was $390,000 down Retail had fallen for the last two months Utilities continued to be Operations Minutes, 10/1/02 5 $1 million under budget, which was almost all from electricity(37%) By December, the ElectriciUtihty Tax is expected to be $1 4 under budget (Ms Miller said the City may actually be able to recover some of that money) Building permits were still 32% under budget Value was 22% under, which is what comes in as new construction property tax next year Plan Check Fees were expected to be $600,000-$700,000 under budget Rec. Fees were 5100,000 over budget Fines &Forfeits were $37,000 under budget The Golf Course continued to be 2% and 4% under m the 18 and 9 Hole The driving range was 13 7% over budget Overall, the Golf Course was 7% over budget Ms Miller said that by December, the revenue picture would be under budget by$3 2 million dollars in the General Fund, and the City expects to recover about $2 million of that from salary savings by keeping positions vacant Vacancies right now are at 30. The Capital Fund revenue was actually up because of Real Estate Excise Tax even though Sales Tax was down She said the City was actually saving on the expenditure side because of low interest rates on some of the loans The budget document will be put together during October and then brought to Council at the November 5'h Workshop There will be all kinds of cuts and one-time-only monies and even probably the use of the fund balance next year Ms Miller said it was about the most severe budget shortfall the City has had since she has worked here Staff is working hard, trying to explore all avenues, and deferring capital, and even looking at money that was set aside for capital that might not be needed and transferring it back. The meeting adjourned at 5 04 PM Jackie Bicknell City Council Secretary PLANNING COMMITTEE MINUTES September 17, 2002 COUNCIL MEMBERS PRESENT. Chair Leona Orr, Tim Clark STAFF PRESENT Fred Satterstrom, Bob Hutchinson, Kim Pratt, Jackie Bicknell The meeting was called to order at 3 05 PM by Chair Leona Orr. Committee Member Bruce White was absent Approval of Minutes of August 20, 2002 Committee Member Tim Clark moved to adopt the minutes of the August 20, 2002 meeting The motion was seconded by Leona Orr and passed 2-0 Building Code Appeals Amendment—Ordinance Building Official Bob Hutchinson pointed out an error on page 3 of the ordinance Section 1, Paragraph B,Appeals to Superior Court He said the original copy was underlined as though it were new language, but the language was existing language in the Kent City Code and there was no change within the ordinance Appeals provisions have long been in the building codes(as well as other codes) as a mechanism to review administrative decisions Typically, the code required alternate methods or materials for construction or interpretations and applications of code requirements Mr Hutchinson said very few appeals are ever filed, and prior to last year, only one had been processed in Kent since 1988 Appeals must be filed within fourteen days of the action being appealed, and currently there are no limitations in place Also, a filing fee of S200 must be paid by the appellant, and only someone directly affected by the action can file an appeal The purpose of this ordinance is pnmanly housekeeping It would create consistency between how building appeals and appeals of other development regulations, such as zoning, are handled within a process Tim Clark asked whether, on page 2, Section 1, Standing, #3,b A person who is adversely affected within the meaning of this section only when all the following conditions are present 1 The land use decision has prejudice or is likely to prejudice that person, that would include appeals for a potential adverse condition Assistant City Attorney Kim Adams Pratt said another party to the appeal could ask a Hearing Examiner to dismiss a case because a person didn't have Standing and may say that person is not likely to be prejudiced by the decision It would be a decision that the Hearing Examiner could make on a case by case basis and the affected party would have to prove they were likely to be prejudiced Plammng Committee, 9/17/02 2 Leona Orr said she would like to see a change in the section on page 3 that covers Appeals to Superior Court to explain how the 21 days were calculated should the appeal date fall on a holiday, or a Saturday or Sunday Tim Clark moved to adopt the Building Code Appeals Amendment as amended at this Committee. The motion was seconded by Leona Orr and passed 2-0. Kastien Letter Tim Clark referenced the Kastien letter of September 6, 2002, about the Copper Ridge PUD application that assumed a drop-dead date of August 30, 2002 Mr Clark questioned whether it was true that there was an application drop-dead date in August He said Mr. Kastien's letter also pointed out a number of points about the original plot and suggested that changes had been made Director of Community Development Fred Satterstrom explained that Mr Kastem's letter dealt with the planning and development proposal in the Chestnut Ridge area, which had gone to court with the ruling that King County could process the permit application The application was vested prior to the case being settled, and King County has reactivated the application and is going through the King County Planned Unit Development process under laws that were in effect years ago when the PUD was originally applied for in the early 1990s (even though that area has since been annexed by the City and those laws are no longer in effect and have been replaced) The issue which Mr Kastien has brought to the attention of the King County Hearing ! Examiner is that things are not the same as they were 10 years ago He is alleging in his letter that certain property owners,who 10 years ago gave permission for Schneider Homes to process the application, are no longer in agreement at the present The county has been reviewing that issue and,based on current information, they have ascertained they can go ahead and process the permit. Mr. Kastien, speaking for one of the involved parties through some correspondence with the county, is maintaining that the application is not valid and should be revised Because the issue involves county laws that were in effect 10 years ago, a staff report of mterlocal agreement with the county will be written by the county planners and will be presented to Kent's Hearing Examiner The PUD will then come to the City Council for a final decision Leona Orr said that it was her understanding from the City's legal department that the order from the court said the project could continue as it existed when the application was made. However, it appears that the project is no where close to being the same project for which the original application was made She suggested that the Legal Department look into what authority King County has to proceed with processing the application if it's no longer the same project Mr Satterstrom said staff could pursue that with the Law Department and would also try to find out if the things Mr Kastien maintained in his letter were accurate or not. He said he didn't have the answer about a drop-dead date, or whether or not it was valid,but would look into it and report back to Plaiuung Comauttee,9/17/02 3 the Committee In response to Tim Clark's question about whether the Growth Management Act was enacted at the time of the original application, Mr Satterstrom said he would find out. Leona Orr requested that any information be brought immediately to the Council instead of waiting a whole month to come back to the next PIanning Committee The meeting adjourned at 3 25 PM Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE MINUTES October 7, 2002 COUNCIL MEMBERS PRESENT Chair Tim Clark, Julie Peterson,Rico Yingling STAFF PRESENT Don Wickstrom, May Miller, Robert Goehnng, Kenta Hadley, Gary Gill, Steve Mullen, Pat Fitzpatrick, Jackie Bicknell PUBLIC PRESENT Nancy Hollinger, Richard vonRiesm, Brian Hollinger, Bob O'Brien, Ted Kogita The meeting was called to order at 5 03 PM by Chair Tim Clark Approval of Minutes of September 16, 2002 Meeting Committee Member Rico Yingling moved to approve the minutes of September 16, 2002 The motion was seconded by Julie Peterson and passed 3-0 Easement for Kent Springs Transmission Repair: Harstad Condemnation Public Works Director Don Wickstrom said that to facilitate repairs to the Kent Springs Transmission water main that parallels Kent Kangley Road, east of the SooS Creek Bridge, the adjacent landowners were contacted to see about getting a temporary construction easement from which the repairs could be made. Staff has tried to negotiate for a temporary easement with Mr Troy Harstad He wants the City to pave his driveway, plus pay him money beyond the $240 appraisal of the property So, a condemnation decision was made for temporary construction easement to get equipment down on the side of the road to be able to dig at the main and make the repairs Rico Yingling moved to recommend authorization to adopt the condemnation ordinance for temporary construction easement. The motion was seconded by Julie Peterson and passed 3-0. Transit Service Agreement between Kine Countv and the Citv of Kent Don Wickstrom said the Transit Service Agreement between King County and the City of Kent allows the City to provide Shopper Shuttle service on Routes 914 and 916 at no charge to passengers The City of Kent reimburses King County for the expected amount of fare revenue based upon a survey of actual nder demographics and results in no change in the cost to the City It extends the term of the Agreement and changes the renewal period to a calendar year schedule for easier budgeting Julie Peterson moved to recommend authorization for the Mayor to sign the amended Transit Service Agreement extending the term of the Agreement and change the renewal period to a calendar year schedule. The motion was seconded by Rico Yingling and passed 3-0. 74ih and Willis Street Signal—Update Don Wickstrom said the good news was that the question of Air Quality Modeling had been resolved —and it doesn't need to be done for the signal at 741h and Willis Street Now, it's a matter of finalizing the plans and specs and advertising the project forbid The property owners will be • notified that the LID costs have increased significantly(since it is an old LID), it was about $125,000 originally and now is closer to $400,000. They will be sent a letter, giving them a history of the project and telling them what their original assessments were and what their final anticipated Public Works Committee, 10/7/02 2 assessment will be The City will then proceed with the project unless there are protests from at least 51%of the property owners No public comment period is required Rico Yingling asked why the cost had gone from$200,000 to, $400,000 Mr Wickstrom said the big cost was $185,000 for the interconnect into the railroad system that will make the signal flash or clear the intersection and then flash when their gates are down In response to Rico Yingling's question of why the Air Quality Modeling wasn't needed, Transportation Engineer Steve Mullen said they are only required if federal funds are involved Richard vonRiesm, representative of some of the property owners, said that in talking with the Union Pacific Railroad,he found there were some unique scheduling constraints with the fact that the equipment has to be custom made in Jonesborough, Arkansas, and the time when the work crews are scheduled (a year in advance in December and January) He said their time is very constrained The Director of Safety at the Union Pacific in Portland said that if the City had a contract in the next couple of months, the railroad could have the project done in about six months But, if the contract wasn't ready until January or February, that could easily lead to a 9-12 month delay They also mentioned they have a six month lead time for getting the equipment from Arkansas Rico Yingling asked what the relationship was between the interne and the signal Don Wickstrom said it was important for the interne to be operating when the signal was turned on There has to be a City/railroad agreement, and since the City is paying for it, the railroad shouldn't have a problem Staff will contact the railroad and have them send the agreement Mr vonRiesrn said a second issue was the LID approval process Some of the property owners have made business decisions based on the fact that there would be a light when the traffic warranted it He said he was concerned on their behalf to hear that there was now going to be an informal plebiscite as to whether or not the light should be installed He was concerned that certain LIDS were not created equal with other LIDS, as it hadn't taken a plebiscite vote for the corridors He agreed there was a need for a public comment period, but said polling 51% of the owners was not necessarily an appropriate thing to do, particularly given that the majority of the park is owned by people who are out of state. Mr Von Riesin said he hoped the wording on any notice that went out would not suggest anything other than the contractual obligation that it was The project has the ability to add to and enhance the property values of everyone in the park, and it would be a minor expense relative to the property values that are there already He stated that every business owner would like it to be as inexpensive as possible, but any who has been in business for any length of time would realize that in the last 15 years,the cost of almost everything has doubled or tripled as a function of inflation In 1987 dollars, the cost is similar to today's Tacoma Second Supply Project— Seattle Share Don Wickstrom gave a Power Point Presentation on the Tacoma Second Supply Project He said the City of Seattle had pulled out of the project and the question for the City of Kent was whether to pick up a quarter of Seattle's share The other three remaining partners, Covington Water District, Lakehaven Utility District, and the City of Tacoma, have made a commitment to pick up a quarter each of Seattle's share The City of Kent already has 18 1 MGD of water from nine sources Kent and Clark Springs are the primary sources and make up 72-75% of the total yearly annual demand or . use The other sources are peaking sources and their water rights are restricted to uses of no longer than 60 days at peak capacity Clark Springs represents about 46% at 4 0 MGD, and the intent is to Public Works Committee, 10/7/02 3 minimize the use of that facility because it is believed Rock Creek is a pristine Chinook salmon habitat. Kent Springs is the other major source with 2.86 MGD and is next door to Lake Sawyer. The City only uses the Kent Springs source during peaking times The 18 1 MGD total is based on a reasonable level of utilization that staff thinks could be received out of the wells Average usage is around 10 MGD and the peak this year was 13 5 MGD. The Impoundment Prol ect would add another 8 30 MGD for a total demand at build out of around 33 MGD. Without the Impoundment Project or adding Seattle's share of the Second Supply Pipeline, the total capacity would be about 25 3 MGD (adding in Kent's original share of the Second Supply Pipeline), leaving the City about 6- 8 MGD short in the long range Impoundment Protect- The Impoundment site was purchased in the early 1980's for about$1 5 million before there were environmental regulations on wetlands The ongrnal concept was to levy the edge of the property and fill it with water to create a lake. It has a potential of supplying S 2 MGD, but has no new water Because it would be an open air facility, the water would have to be treated The key physical features are a 2,475 acre foot storage facility, an 11 MGD treatment plant, and a 1 MG elevated storage reservoir at Kent Springs The significant issues of the project would be the need to move 1,600,000 yards of dirt, the impacts to 9 acres of wetland, and the impacts to Olson Creek There would be five permits involved and a 9 year lead time for implementation from start to operation The cost would be S30 million with yearly operating costs of$430,000, and there is twice the risk involved in implementing the project There would be 157 acres of property to maintain with a 2,500 acre foot lake and an 11MGD treatment plant,plus another reservoir at Kent Springs Since September 11ih,2001, there is also an issue of security . Picking Up Seattle's Share- The cost for adding the Seattle share is $15 million and operation costs would be an extra$430,000 or greater a year Seattle's share would bring 1,650 acre feet of new water to the City's system If Kent doesn't pickup Seattle's share, there would be another delay to the prof ect until the issue was resolved as to who would pick up that quarter. If everything proceeds ngbt, the whole thing would be implementable in 2007 Also, if the City does go for the quarter of Seattle's share, it could sell the land chosen for the impoundment project and pay down some of the debt However,Mr Wickstrom said he was still concerned about the ultimate needs for the City, as there wasn't a lot of excess water, and thought it would be wise not to sell the land immediately. In 2-3 years, the City may need to build a 50 million gallon tank type storage reservoir facility on the land to compensate for what may be lost from existing water rights Water Rates Comparison Finance Director May Miller said that Kent's rates had been compared with the neighboring cities of Auburn, Bellevue, Kent,Renton, and Tukwila and the entities in the pipeline project,which are Covington Water District, Highline Water Distnct, and King County Water Distnct#111 Kent's summer rate is $30 monthly and the average for all the jurisdictions is $43 monthly Kent's winter rate is $24 monthly and the average for all the jurisdictions is $40 monthly (Most of the companson junsdictions said they were planning to increase their rates ) Meter connection charges for the City of Kent were $325 The average was $1,563, and the system development charge (brand new service) for Kent was $1,100, with an average of$3,550 Kent's summer and winter rates range from 25% to 38% below other jurisdictions' rates Ms Miller said there could be 5% increases each year until 2009-2012 before Kent's rates would hit the average that rates were now between the other jurisdictions,without taking into account the fact that four entities were planning to increase their rates Don Wickstrom said there was an interest from the new Cascade Alliance in buying water from the Public Works Comuuttee, 10/7/02 4 Tacoma project(which will be on line in 2007) If the City could firm up a buyer for that water, it could be sold to help pay down the debt and then the water would still be there when needed for future growth at no additional cost Cascade Alliance would also probably be willing to pickup the quarter share from Seattle, but that would delay the contract and add costs because of inflation(the project is already a$220-230 million dollar project), and the cycle of permits are only good for so long., The issue will be brought back to the next Public Works Committee meeting and the decision would be whether to pick up Seattle's share and to determine what the rate increase would be. The Bond Council for the project wants a signed agreement or Letter of Commitment saying that rates would be kept adequate to pay the bonds on the debt May Miller added that all the pipeline loans are almost all repaid Kent will be able to give Tacoma $10 million cash out of the pipeline money because all the loans are repaid and there will be$7 5 million left to do other Public Works projects. (That is assuming that Tacoma will issue $21 2 million worth of bonds in Kent's behalf,which is the amount of cash they will need plus some issuance costs.) The bond will be a 30 year issue Ms Miller said there maybe some future rate increases which would be used to cover the M&O on the pipeline and the debt payment Ted Kogita, 25227 Reith Road, asked if this water would serve the Panther Lake property Don Wickstrom said that the Soos Creek Sewer and Water District serves Panther Lake and it's a separate entity The City receives no water revenue from them, and if the City annexed Panther Lake, Soos Creek Sewer and Water District would continue to service the area All the creeks and lakes are closed to surface water rights, and the only river in this area that is open to surface water rights is the Green River. All the tributaries are closed to surface water rights. Mr. Kogita inquired whether the citizens would still have to pay the extra 5% a year tax rate increase after the bond passes for$15 million because of the maintenance fee of$430,000 a year Ms Miller said that all maintenance costs were included Tacoma would issue the bonds and the payment that the City of Kent would have to make to Tacoma was also included in the costs and in the 5% The meeting was adjourned at 6 38 PM Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION