HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/04/2003 !ME A A
City of Kent
City Council Meeting
Agenda
February 4, 2003
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr Rico Yingling
NZKENT
WASMIHGTON
City Clerk's Office
SUMMARY AGENDA
�� RC O T KENT CITY COUNCIL MEETING
W p S X I N G T O N February 4, 2003
Council Chambers
7:00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President
Tim Clark Connie 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 Civil Rights Award from the International Association of Chiefs of Police
C Pac- s Day 20
fl. j�e - G"" f wa/w wo G�
5 PUBLIC HEARINGS
None
6 CONSENT CALENDAR
A. Minutes—Approve
B Bills—Approve
C City Network Backbone Replacement—Phase II—Authorize
D. Pacific Highway South HOV Lanes Project,Interlocal Agreement with Highline
Water District—Authorize
E. Local Hazardous Waste genre t Grant,Recycling Events in March& April—
Authonze 90
F. Street Vacation, South 266th Street—Set Hearing Date—Resolution
G Street or Alley Vacation, City Code 6.09.060—Ordinance—Amend �� 3
H. Public Egress and Utility Easement Release—Authorize
I. LID 354—N. Washington Avenue Improvements—Accept as Complete
7 OTHER BUSINESS
None
8. BIDS
A West Fork Soosette Creek Box Culverts Supply Contract
9 REPORTS FROM STANDING COMMITTEES AND STAFF
(continued next page)
SUMMARY AGENDA CONTINUED
10. REPORTS FROM SPECIAL COMMITTEES
11. CONTINUED COMMUNICATIONS
12. EXECUTIVE SESSION
A Pending Litigation
13 ACTION AFTER EXECUTIVE SESSION
14. ADJOURNMENT
NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page is on the City of Kent web site at
www ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at
(253) 856-5725. For TDD relay service call the Washington Telecommumcations Relay Service at
1-800-833-6388.
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) EMPLOYEE OF THE MONTH
B) CIVIL RIGHTS AWARD FROM THE INTERNATIONAL ASSOCIATION
OF CHIEFS OF POLICE
C) ARTS DAY 2003
CONSENT CALENDAR
6. City Council Action-
Councilmember W f °" moves, Councilmember
seconds to approve Consent Calendar Items A through Il 60 a4'rw't&a
r---
Discussion
Action G
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of January 21, 2003.
6B. Approval of Bills.
Approval of payment of the bills received through January 15 and paid on January 15
after auditing by the Operations Committee on January 21, 2003.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/15/03 Wire Transfers 1336-1346 $1,510,802.84
1/15/03 Prepays 543221 1,346,432.38
1/15/03 Regular 543837 967,352.64
$3,824,587.86
Approval of checks issued for payroll for January 1 through January 15 and paid on
January 17, 2003:
Date Check Numbers Amount
1/17/03 Checks 265656-265972 $ 293,534.01
1/17/03 Advices 140807-141489 1,417,970.94
$1,711,504.95
Council Agenda
Item No. 6 A-B
•
WA E N T Kent, Washington
W ASXINGTON
January 21, 2003
Regular meeting of the Kent City Council was called to order at
7 : 03 by Mayor Pro Tem Woods. Councilmembers Present : Clark,
Epperly, Orr, Peterson, White and Yingling. Others present: Chief
Administrative Officer Martin, City Attorney Brubaker, Public Works
Director Wickstrom, Parks, Recreation and Community Services
Director Hodgson, Community Development Director Satterstrom,
Deputy Police Chief Miller. Approximately 29 people were in
attendance. (CFN-198)
CHANGES TO THE AGENDA
Chief Administrative Officer Martin removed Public
Communications Item 4B and Executive Session from the
agenda and added Other Business Item A, authorization for
Mayor to negotiate a pool agreement .
Continued Communications Item A and B regarding the
Independent Salary Commission and East Hill Youth Sports
Complex were added at the request of Bob O' Brien and Joe
Rubio. (CFN-198)
PUBLIC COMMUNICATIONS
Second Avenue Extension Road Naming Winners. Assistant
Chief Administrator Dena Laurent explained that the
Second Avenue extension will connect Second Avenue to
Fourth Avenue across the Kent Station property in
Downtown Kent. She noted finalists names were Borden
Way, Cresent Drive, Plaza Drive, Station Place and Ramsay
Way. She said Mayor White selected Ramsay Way in honor
of the land' s original homesteader Robert Ramsay, who
came to the Washington Territory in 1875 to work in the
coal mines in Renton and Newcastle. He returned to
Indiana for his wife and returned to Titusville, which is
now known as Kent, and the couple purchased 80 acres.
The Kent Station site and Ramsay Way are wholly located
within the original Ramsay homestead. Robert Ramsay was
a great civic contributor to Kent and served on Kent' s
first City Council and also on the Kent School Board.
Mayor Pro Tem Woods presented each of the four winners
Ed Dunham, Eric Reitan, Emma Lou Richter and Adrienne
Rockwell with a Ramsay Way commemorative street sign.
She thanked all the participants and the winners and
noted the historical significance of naming this
particular street for one of Kent' s founding fathers .
(CFN-198)
1
Kent City Council Minutes January 21, 2003
CONSENT CALENDAR
ORR MOVED to approve Consent Calendar Items A through L.
Clark seconded and the motion carried.
MINUTES
(CONSENT CALENDAR - ITEM 6A) (CFN-198)
Approval of Minutes. Approval of the minutes of the
regular Council meeting of January 7, 2003 .
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6C) (CFN-335)
Transportation Improvement Board Grant, South 228th
Street/54th Avenue South to SR 516 (Kent/Des Moines
Road) . Authorization for the Mayor to sign the TIB grant
agreement in the amount of $5, 003 , 250 for the design and
construction phases of South 228th Street-54th Avenue S.
to SR 516 (Kent Des Moines Road) , as recommended by the
Public Works Committee and direct staff to accept the
grant and establish a budget for the funds to be spent
within said road improvement project .
(CONSENT CALENDAR - ITEM 6D) (CFN-171)
South 277th Street Reconstruction Project Phase III
Interlocal Agreement with King County. Authorization for
the Mayor to sign an Interlocal Agreement for the South
277th Street Reconstruction Project Phase III , subject to
the City Attorney' s and Public Works Director' s concur-
rence of the language therein and to establish a budget
for the same, as recommended by the Public Works
Committee .
FIRE
(CONSENT CALENDAR - ITEM 6E) (CFN-136)
Surplus and Sale of 1986 Ford Aid Car. Authorization for
the Fire Department to surplus one (1) 1986 Ford Aid Car,
Vin #2FDKF3716GCA73136, and for Fire Administration to
advertise the apparatus for sale to the highest bidder,
and that funds received from the sale of this vehicle be
placed into the Apparatus Replacement Fund. The aid car
has exceeded its expected life cycle . It currently has
100, 296 miles and has recently incurred significant
maintenance . This vehicle has been in reserve status
for a number of years, and it is no longer in our best
interest to retain it due to its age and maintenance
expenses .
2
Kent City Council Minutes January 21, 2003
POLICE
(CONSENT CALENDAR - ITEM 6F) (CFN-122)
Consolidated Food Management Contract Extension.
Approval of a waiver from the City Procurement Policy
1 . 1 .4 in regards to City of Kent Corrections Facility
contract renewal with Consolidated Food Management (CFM)
(Waiver: 1 .1 . 10) , and authorization to continue CFM as
the food vendor for the period from 1/1/03 through
12/31/03 , without going out to contract bid. There will
be no increase in food preparation costs during this
renewal period.
(CONSENT CALENDAR - ITEM 5G) (CFN-122)
Occupational Health Services Contract for Jail Medical
Services Extension. Authorization for the Mayor to sign
"Addendum One and Extension to Contract for Services"
with Occupational Health Services (OHS) for an additional
term of one quarter beginning 1/1/03 and ending 3/31/03 .
OHS provides certain required medical services to the
inmates of City of Kent Corrections Facility.
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR - ITEM 6H) (CFN-118)
King County Arts Commission Grant for King County
Performance Network. Accept the $4 , 500 . 00 allocation
from the King County Arts Commission' s "King County
Performance Network" program and amend the Kent Arts
Commission' s budget accordingly, as recommended by the
Parks, Recreation and Community Services Director. Funds
will cover the artistic and production fees for one King
County Performance Network performance in Kent, as part
of the Kent Arts Commission' s "Spotlight Series . "
(CONSENT CALENDAR - ITEM 6I) (CFN-118)
East Hill Skate "X" Park Consultant Contract.
Authorization for the Mayor to execute an agreement
between the City of Kent and Grindline Skateparks, Inc .
in the amount of $30, 000 . 00 to design the East Hill Skate
"X" Park.
In July 2002, Council authorized the transfer of funds
for architectural and engineering services for the
• East Hill Skate Park. Park staff met with Grindline
Skateparks, Inc. , and approved a proposal in the amount
3
Kent City Council Minutes January 21, 2003
PARKS, RECREATION AND COMMUNITY SERVICES
of $30, 000 . 00 that met the conceptual plans . Funding is
provided by the Youth/Teen budget .
(CONSENT CALENDAR - ITEM 6J) (CFN-118)
Fee In Lieu of Funds. As recommended by the Parks,
Recreation and Community Services Director, accept the
fee-in-lieu of funds totaling $70 , 693 . 39 and amend the
following budgets :
132nd Avenue Park (P20068) $29, 750 . 60
Clasen Property/Eagle Creek (P20040) $22, 501 . 79
Turnkey Neighborhood Park (P20041) $18, 441 . 00
Total $70 , 693 .39
From October through December 2002 , the City received
a total of $70, 693 . 39 from five subdivisions who
voluntarily paid the fee-in-lieu of funds, dedicating
parkland to mitigate the development of single family
homes . The city has five years from the date of deposit
to spend these funds for park acquisition, development,
or open space. Funds are used at a park closest to the
subdivision.
(CONSENT CALENDAR - ITEM 6K) (CFN-118)
Service Club Ballfields Donations. Accept $3 , 934 . 49 from
the Kiwanis Club of Kent and $3, 409.46 from the Kiwanis
Club of Meridian-Kent and amend the Service Club Ball-
field budget, as recommended by the Parks, Recreation and
Community Services Department Director.
In August 1999, many City of Kent Service Clubs pledged
yearly donations to the future construction of the
Service Club Ballfields . In November and December 2002 ,
the Kiwanis Club of Kent and the Kiwanis Club of
Meridian-Kent donated a total of $7, 343 .95 .
(CONSENT CALENDAR - ITEM 6L) (CFN-118)
Joint Human Services Application and Funding Program.
Authorize the Mayor to execute the Memorandum of
Understanding for the Joint Human Services Application
and Funding Program, as recommended by the Parks,
Recreation and Community Services Director.
4
Kent City Council Minutes January 21, 2003
PARKS, RECREATION AND COMMUNITY SERVICES
The purpose of the MOU is to set up a cooperative
arrangement between the Cities of Auburn, Burien,
Covington, Des Moines, Federal Way, Kent, Renton, SeaTac,
and Tukwila to consolidate the human services application
and funding process.
(OTHER BUSINESS - ITEM 7A) (CFN-118)
(ADDED ITEM)
Kent Pool - Authorize to Negotiate Transfer and
Operations. Parks Director Hodgson explained that a
mechanism to reopen the Kent pool would be a partnership
between King County, the City and the Kent School
District . He said the Mayor would be authorized to
negotiate a contract based on these principles : the
county would transfer the pool to the City and the County
would provide mothball money, about $77, 500 . The County
would also provide $50, 000 in capital costs . The City
would work with the Aquatic Management Group, a non-
profit group who would manage the pool . The City would
provide $70, 000 in up front money and a limit of $20, 000
a year in subsidy. The initial amount provided by the
county would go into an escrow account that would be
managed by the School District and in the event the pool
closes this amount would be used for demolition of the
pool . The capital money would be made available to the
City and the City would work with the Aquatic Management
Group in the expenditure of those capital funds . Hodgson
said if an agreement can be reached with the three
parties then the pool could be reopened and if an agree-
ment cannot be reached, this matter will be brought back
to Council .
CAO Martin noted that this is a mechanism, and that
nothing has been finalized. This four part motion
before Council allows the Mayor and staff to continue to
negotiate and, if possible, execute an agreement .
Councilmember Yingling noted that one of Council's
concern would be the closing costs or demolition costs .
Hodgson said a bid had been received in the amount of
$75, 000, which does not include permits and other
miscellaneous costs. He said the school district would
assume responsibility for any costs above this and that
the escrow money would cover this cost .
5
Kent City Council Minutes January 21, 2003 •
PARKS, RECREATION AND COMMUNITY SERVICES
Woods commented that if the operation is sufficiently
successful over a period of time the money provided up
front will come back to the city and only a yearly
commitment of $20, 000 would be adequate.
EPPERLY MOVED to authorize the Mayor to negotiate and
execute an interlocal agreement to transfer all of King
County' s interest in the ownership, operation and
maintenance of the Kent pool to the City of Kent; and
to negotiate and execute an interlocal agreement among
the City, King County, and the Kent School District to
approve the assignment of all King County' s leasehold
interest in the Kent pool to the City; and to authorize
the Mayor to enter into an agreement with Aquatic
Management Group, Inc. , a Washington non-profit organi-
zation, to operate and maintain the pool; and to
authorize the Mayor to expend, within the Council' s
established 2003 budget, approximately $95, 000 to
accomplish these transfers, assignments and ongoing
maintenance and operation agreements . Orr seconded.
Orr thanked City staff and members of the public for suc-
cessfully working together. She said she feels confident
that an agreement will be reached in reopening the pool .
There were no further comments and the motion carried.
FINANCE
(CONSENT CALENDAR - ITEM 6B) (CFN-104)
Approval of Bills. Approval of payment of the bills
received through December 16 and paid on December 16,
2002 after auditing by the Operations Committee on
January 3 , 2003 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
12/16/02 Wire Transfers 1316-1325 $1, 180,445 .41
12/16/02 Prepays & 542057 764, 149. 04
12/16/02 Regular 542614 901, 640 . 63
$2, 846,235 . 08
6
Kent City Council Minutes January 21, 2003
FINANCE
Approval of payment of the bills received through
December 31 and paid on December 31, 2002 after auditing
by the Operations Committee on January 7, 2003 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
12/31/02 Wire Transfers 1326-1335 $ 898, 831 57
12/31/02 Prepays & 542615 1, 681, 683 .48
12/31/02 Regular 54322 2 , 187, 864 . 25
$4, 768,379 . 30
Approval of checks issued for payroll for December 1
through December 15 and paid on December 20 , 2002 :
Date Check Numbers Amount
12/20/02 Checks 265088-265354 $ 242 , 723 . 65
. 12/20/02 Advices 139380-140073 1, 195,276 29
$1, 437, 999 . 94
Approval of checks issued for payroll for December 16
through December 31, 2002 and paid on January 3 , 2003 :
Date Check Numbers Amount
1/3/02 Checks 265355-265655 $ 230, 374 69
1/3/02 Advices 140074-140806 1, 130, 978 . 95
$1, 361, 353 . 64
REPORTS
Public Works. Clark noted that because of the holiday
the meeting on the 3rd Monday had to be cancelled. The
last meeting in January will be at 5 : 00 on Monday,
January 27 and only one Public Works meeting will be
held in February because of the same conflict, the third
Monday is a holiday. The first and third would be
cancelled and 3ust one special public works meeting on
February loth to handle the business before us.
. Administrative Reports . Woods noted that there will be
no executive session. Martin noted the public hearings
on the sites for sex offender housing for the Orillia
7
Kent City Council Minutes January 21, 2003
REPORTS
Road site is at the Washington State Criminal Justice
Training Commission auditorium which is located at 19010
First Avenue South, Burien and begins 7 : 00 p.m. The
Peasley Canyon site public hearing will occur on Thursday
evening from 7-9 p.m. at Green River Community College in
the Lindbloom Student Center, the Cascade Room, at 12401
SE 320th Street, Auburn.
CONTINUED COMMUNICATIONS
(CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-1274)
(ADDED ITEM)
Independent Salary Commission. Bob O'Brien, 1131 Seattle
St . , stated that in his letter to Council President Woods
regarding Ordinance 3617, establishing the Independent
Salary Commission, that the Commission did not meet twice
prior to November 8th as stated in the ordinance and
citizens were denied an opportunity to participate under
the open public meeting act . He stated that the actions
of the Commission are null and void. He asked that the .
ordinance be rescinded and a new ordinance put in place
to provide enough time for the two meetings to take
place, and change the terms of appointment to read a
resident of Kent and appropriate background skills.
CAO Martin stated that this has been addressed and that
the date did not harm the public' s ability to participate
in this process . He said the process for public
participation was enhanced when the Commission directed
staff to hold a public hearing which was not required by
statute and the dates were picked as to include this
information in the budget process .
Martin also commented that the Commission members are
well known in this community and have unimpeachable
reputations . Two of the Commissioners are not Kent
residents but have decades of selfless commitment and
participation which directly affect a large number of
Kent residents .
(CONTINUED COMMUNICATIONS - ITEM 11B) (CFN-118)
(ADDED ITEM)
East Hill Youth Sports Complex. Joe Rubio, 3831 S .
248th, said he has been asked repeatedly why the East
Hill Youth Sports Complex was named after Barney Wilson,
8
Kent City Council Minutes January 21, 2003
CONTINUED COMMUNICATIONS
who cost the City almost half a million dollars with
sexual harassment allegations. He noted that the name
should have stayed Youth Sports Complex of Kent or a
naming contest held.
Martin commented that the City has an ordinance allowing
the Mayor to name a park or a recreational facility after
an individual and that Mr. Wilson was considered to be a
proponent of parks for a number of years, built acres and
acres of parks that continue to serve this community.
Councilmember Woods stated the ordinance allows rare
exceptions for a park to be named after someone who is
still living and that the Mayor, the Parks Director, the
Council President and the Chair of the Parks Committee
were involved in this process. She said that Barney
Wilson is responsible for much of the parks built in the
city, land purchased for future park development and
programs offered from small children to senior citizens
making the parks department one of the best in the State
of Washington.
ADJOURNMENT
At 7 : 35 p.m. , PETERSON MOVED to adjourn. Orr seconded
and the motion carried. (CFN-198)
Mar Simmons
Acting City Clerk
41
9
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
I. SUBJECT: CITY NETWORK BACKBONE REPLACEMENT—PHASE II—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the purchase of City network backbone
replacement equipment for Phase II and its related services, and authonze the Mayor,
subject to the City Attorney's approval of final terms and conditions, to sign the
agreements necessary to Purchase Cisco equipment from the State DIS contract;
purchase implementation assistance from vendor(s) as needed; and Purchase ongoing
annual maintenance directly from Cisco.
The need for a new city network backbone was one of the top priorities of Technology
Plan 2002. The Plan called for core network components to be replaced in two phases.
Phase one was completed in late 2002. This project is the 2nd part of the network
backbone replacement. This phase replaces 5-year-old network equipment in many
City facilities. The equipment is being purchased from a Washington State Master
Contract.
3. EXHIBITS: Packet with cover letter and Washington State DIS Master contract
(the contract the City will purchase from)
4. RECOMMENDED BY: Operations Committee (3-0) 1/21/03 and IT Dept.
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 EXPENDITURE REQUIRED: $191,739
SOURCE OF FUNDS: Technology Plan 2002
7 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION-
ACTION.
Council Agenda
Item No. 6C
KENT
w.
' INFORMATION
TECHNOLOGY
MEMORANDUM
DATE: January 14,2003
TO: City Council Operations Committee
FROM: Galen lErschi,Technical Services Supervisor
CC: Marty Mulholland,Director of I.T.
RE: City Network Backbone Replacement—Phase II (Part of Technology Plan 2002)
Background:
The need for a new city network backbone was one of the top priorities of Technology Plan 2002,
because the existing network backbone was no longer supported Technology Plan 2002 called for core
network components to be replaced in 2002(Phase I-complete), with components in outlying facilities
to be replaced in 2003 (Phase II)
All network traffic depends upon the network backbone devices, so these devices are a critical
component of our I T infrastructure
Process:
As part of the preparation process for development of Technology Plan 2002, city staff conducted a
formal network review with network experts from 3 consulting companies They all concurred that a
gigabit Ethernet solution would be an appropriate choice of technology
City staff conducted research, and preliminary network designs and costs were developed A separate,
outside consultant was then hired to review staff research and designs and make a vendor solution
recommendation The Cisco gigabit Ethernet solution was selected Cisco equipment was purchased
from an existing Washington state contract
The first project phase was completed and operational in September of 2002 Phase two is now ready to
be implemented This phase would replace remaining network equipment at outlying facilities with
Cisco equipment City staff will be doing the majority of the work The primary equipment being
replaced consists of 3Com switch devices that most user workstations connect to These devices are five
years old and at end of life The 2nd phase of the project updates most of the city facilities, including
City campus buildings,Fire Station 74, Shops, Corrections, Kent Commons, Senior Center,Resource
Center, Golf Facility and six Fire Stations
Budget:
The source of budget funds is Technology Plan 2002 The budgetary breakdown is as follows
$155,375 Cisco equipment for phase H of Gigabit Ethernet network backbone-sites include
City campus,Fire Station 74, Shops, Corrections,Kent Commons, Senior Center,
Resource Center, Golf Facility and six Fire Stations—purchased from Washington
State D IS contract
$10,000 Professional Services as needed using implementation vendor(s) City staff will do
the majority of the work
$827 First Year Maintenance-purchased directly from Cisco—First Year Maintenance is
free for much of the equipment being purchased
$25,537 Pro ect contingency,additional training, etc
$191,739 Total
Attachment: Washington State Master Contract—Intranet Routers and Server Switches
Council Motion:
I move to recommend that Council authorize the purchase of City Network Backbone Replacement
equipment for phase II and its related services, and that the Mayor, subject to the City Attorney's
approval of final terms and conditions,be authorized to sign the agreements necessary to:
• Purchase Cisco equipment from the State DIS contract,
• Purchase implementation assistance from vendor(s)as needed, and
• Purchase ongoing annual maintenance directly from Cisco
UPDATED September 2002
s
Master Contract Number
K97-MST 012
for
Intranet Routers and Server Switches
(Data Communications Products)
Between the
Department of Information Services
and
Cisco Systems, Inc.
Effective Date: March 19, 1997
TABLE OF CONTENTS
1 Definitions 2
Contract Term
2 Term 3
3 Survivorship 3
Pricing,Invoice and Payment
4 Pricing 3
5 Advance Payment Prohibited 4
6 Taxes 4
7 Invoice and Payment 4
Contractor's Responsibilities
8 Title 5
9 Equipment Shipping and Delivery 5
10 Risk of Loss and Slipping 5
11 Contractor Installation and Set-up 6
12 Acceptance Testing 6
13 Equipment Compatibility, Specifications and Configurations 6
14 Training 7
15 Equipment Warranty 7
16 Maintenance 8
17 Documentation 9
18 Contractor Commitments,Warranties and Representations 9
19 Year 2000 Compliance Warranty 10
Purchaser's Authority and Responsibilities
20 Purchaser Use of Master Contract 10
21 Software License Terms 10
22 Export Restrictions 11
23 Related Agreements 11
Contract Termination
24 Ternmiation for Default 11
25 Termination for Convenience 12
26 Termination for Withdrawal of Authority 12
27 Termination for Non-Allocation of Funds 12
28 Termination for Conflict of Interest 12
29 Termination Procedure 13
Disputes and Remedies
30 Disputes 13
31 Attorneys'Fees and Costs 13
32 Non-Exclusive Remedies 13
33 Liquidated Damages 13
34 Failure to Perform 14 .
35 Lmutatton of Liability 14
State of Washington Intranet Routers
Department of Information Services i Q\Contract\K97MST012 AGT
Contract Administration
36 Notices 15
37 Entire Agreement 15
38 Mandatory Provisions of RFP are Substantive Terms 15
39 Section Headings, Incorporated Documents and Order of Precedence 16
40 Additional Services and Equipment 16
41 Authority for Modifications and Amendments 17
42 Independent Status of Contractor 17
43 Governing Law 17
44 Subcontractors 17
45 Assignment 17
46 Publicity 17
47 Review of Contractor's Records 18
General
48 Purchase Use Limitation 1 18
49 Patent and Copyright Indemnification 18
50 Save Harmless 1 19
51 Industrial Insurance Coverage 19
52 Insurance 19
53 Licensing Standards 20
54 OSHA/WISHA 20
. 55 Compliance with Civil Rights Laws 20
56 Severability 20
57 Waiver 20
58 Treatment of Assets 20
59 Contractor's Proprietary Information 21
Activity Reporting and Administration Fee
60 DIS Master Contract Administration Fee and Collection 21
61 Master Contract Activity Reporting 21
62 Failure to Remit Reports/Fees 22
Contract Execution
63 Authority to Bind 22
64 Counterparts 23
Schedules
Schedule A Authorized Equipment and Price List
Schedule B Authorized K-20 Purchasers
Schedule C MWBE Certification[if applicable]
Schedule D Problem Escalation Procedures
Exhibits
• Exhibit A DIS Intranet Routers Request for Proposal
Exhibit B Contractor's Response for Intranet Routers
State of Washington Intranet Routers
Department of Information Services u Q\Contract\K97MST012 AGT
Exhibit C DIS Server Switches Request for Proposal
Exhibit D Contractor's Response for Server Switches
Note. Exhibits A,A C,and Dare not attached but are avadabie upon request from the D!S Contract Admmestrator
State of Washington Intranet Routers
Department of Information Services w Q\Contract\K97MST012 AGT
State of Washington
Department of Information Services
P O Box 42445
512 - 12th Avenue SE
Olympia, Washington 98504-2445
Master Contract Terms and Conditions
for Intranet Routers and Server Switches
Master Contract Number K97-MST-012
Parties
This Master Contract is entered into by and between the state of Washington acting through the Department of
Information Services,an agency of Washington State government(hereinafter"DIS"),and Casco SN stenr, Inc..
licensed to conduct business in the state of Washington under L 131 Numbei 601-1"0 89,(hereinafter"Contractor")
for the provisioning of Intranet Routers and Server Switches(Data Communications Products)(hereinafter
"Equipment")to the State This Master Contract is the result of an open,competitive acquisition process whereby a
Request for Proposal was issued
Recitals
Whereas,the state of Washington, acting through the University of Washington on behalf of DIS, issued a Request
for Proposal dated No�cinber 5 1996 Exhibit A hereto, for the purpose of obtaining hni,welkoutcisandynxcr
Sxifclta5,
Whereas,the state of Washington,acting through the University of Washington on behalf of DIS, issued another
Request for Proposal dated December 2, 1996,Exlubit C hereto, for the purpose of obtaining Server Switches, and,
Whereas, Cisco Systems,Inc submitted timely Proposals, Exhibits B and D hereto, for each acquisition, and was
identified as the apparently successful vendor for both acquisitions,and,
Whereas,DIS has determined that entering into a Master Contract with Ci,-o In, will meet the needs of
the Purchasers and will be in the State's best interest,
Now therefore,DIS hereby awards to Contractor this Master Contract to furnish hm anoi Row r,and `,rrN ei
,,la n, w,and Related Services to Purchasers at the prices set forth on Schedule A in accordance with the terms and
conditions of this Master Contract
This Master Contract is an Optional Use Contract that neither financially binds the State nor otherwise obligates the
State to purchase any Equipment or services hereunder Nor does this Master Contract prevent the State from
purchasing the same or sirmlar Equipment and services from other sources,provided that, all legal acquisition
requirements are satisfied This Master Contract is not for personal use
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1. Definitions
"Acceptance Date"for Equipment shall mean the date of delivery of the Equipment In absence of
evidence to the contrary,the Acceptance Date shall be deemed to be the thud(3rd)day after the date of
shipment
"Business Days and Hours"shall mean Monday through Friday, 8 00 a in to 5 00 p in.,Pacific Time,
except for holidays observed by the state of Washington
"Contractor"shall mean Cisco Systems,Inc, its employees and agents "Contractor"also includes any firm,
provider, organization,individual,or other entity performing services under this Master Contract It shall also
include any subcontractor retained by Contractor as permitted under the terms of this Master Contract
"DIS Contracting Officer"shall mean the person appointed, in writing,by DIS to approve this Master Contract as
to binding effect and thereby execute it on behalf of the State Except as otherwise provided in this Master
Contract,this term includes an authorized representative of the Contracting Officer acting within the lints of
his/her authority
"Equipment"shall mean the Intranet Routers and Server Switches,components and features thereof,and
any other equipment properly added to this Master Contract, as set forth on Schedule A-Authorized
Equipment and Price List
"K-20 Purchaser"shall mean DIS and the participating educational organizations listed in Schedule B At
the sole discretion of DIS,additional public organizations may be named as authorized K-20 Purchasers and
added to the list accordingly by DIS by amendment
"Purchaser"shall mean any Washington State agency with proper delegated authority to purchase the
Equipment and Related Services which are the subject of this Master Contract,or any political subdivision of
the state of Washington or non-profit organization with the authority to purchase such Equipment or Related
Services pursuant to a properly executed Interlocal Cooperative Agreement with DIS "Purchaser"also
includes K-20 Purchasers
"Related Agreements"shall mean additional agreements between Purchaser and Contractor for software
licensing,training,warranty,maintenance, installation,or configuration and engineering support directly
related to Equipment acquisitions made pursuant to tins Master Contract
"Related Services/Services"shall mean those services provided under this Master Contract and related to
the Equipment being acquired,that are appropriate to the scope of this Master Contract and includes such
things as configuration and engineering support,installation services,maintenance,warranty,training,etc
"Software"shall mean the object code version of computer programs and any related documentation,excluding
maintenance diagnostics
"Specifications"shall mean the mandatory technical and other mandatory specifications set forth in the two
RFPs,Exhibits A and C,and any additional specifications set forth in Contractor's Proposals,Exhibits B and
D,collectively
"State"shall mean DIS,any division, section,office,unit or other entity of DIS, or any of the officers or
other officials lawfully representing DIS "State"may also include Purchaser
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Contract Term
2. Term
21 Initial Term The initial term of this Master Contract shall be three(3)years,commencing upon
the date of its execution by both the parties
22 Subsequent Tenns The term of this Master Contract maybe extended for an additional three(3)
years,provided that, the extensions shall be at the option of DIS and shall be effected by DIS
giving written notice to the Contractor of DIS' intent to extend the Master Contract,such notice to
be given not less than thirty(30)calendar days prior to expiration of the then current Contract
term,with Contractor accepting the extension prior to expiration of the then current Contract term
No change in terms and conditions is permitted during these extensions unless specifically set forth
in this Master Contract
23 Special Subsequent Term At the option of DIS,the Contract term may be extended following the
Subsequent Terms for up to nine(9)additional months in order to align the Contract with the
funding cycle of the universal service support mechanism(e-rate)for schools and libraries Such
extension shall be effected by DIS providing written notice to the Contractor not less than sixty
(60)days prior to the expiration of the then current Contract tern No change in terns and
conditions shall be permitted during this extension unless specifically set forth in this Contract
3. Survivorship
All purchase transactions executed pursuant to this Master Contract shall be bound by the tents, conditions,
price discounts and rates set forth herein, notwithstanding the expiration of the initial tern of this Master
Contract or any extension thereof All terms, conditions, and warranties contained in the Master Contract
which are intended to survive the completion of the performance, cancellation or terrmnation of the Master
Contract, shall so survive In particular, the terns of the sections titled Software License Terms, Export
Restrictions, Related Agreements, Disputes, Linutahon of Liability, Patent and Copyright
Indemnification, shall survive the termination of this Master Contract
Pricing, Invoice and Payment
4. Pricing
41 The Contractor agrees to provide the Equipment and Related Services at the costs,rates, and fees
set forth in the Authorized Equipment and Price List attached as Schedule A to this Master
Contract No other costs,rates, or fees shall be payable to the Contractor, except the DIS Master
Contract Administration Fee
42 Such costs,rates,and fees may not be increased during the initial term of this Master Contract
43 If the Contractor reduces its list prices for any of the Equipment or Related Services during the
term of this Master Contract, Purchaser shall have the immediate benefit of such lower prices and
rates for new purchases Contractor shall send notice to the DIS Contract Administrator with the
reduced list prices within fifteen(15)calendar days of the reduction taking effect ICI
44 Contractor agrees all the prices,terns,warranties,and benefits provided in this Master Contract
are competitive with the terms presently being offered by Contractor to any other U S state
governmental entity purchasing the same quantity under sumlar terms and conditions In the event
Purchaser determines that other U S state governmental entities are being offered better prices and
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terms than those offered under tlus Contract, Contractor agrees to increase the discounts offered
under this Master Contract for subsequent purchases as mutually agreed
45 It is expected that the Equipment may be upgraded with more powerful or newer components to
meet functional or technical requirements
5. Advance Payment Prohibited
No advance payment shall be made for the Equipment and Related Services furnished by Contractor
pursuant to this Master Contract
6. Taxes
Purchaser will pay sales and use taxes unposed on the Equipment or Related Services Contractor must pay
all other taxes including,but not limited to,Washington Business and Occupation Tax,taxes based on
Contractor's income, and personal property taxes levied or assessed on Contractor's personal property to
which Purchaser does not hold title
7. Invoice and Payment
7 1 Contractor will submit properly itemized invoices and/or vouchers to Purchaser Invoices shall
provide the following
a) Contractor's name and address and renuttance address, if different,
b) Purchaser's name and address and Purchase Order or Field Order number,
c) This Master Contract number,K97-MST-012,
d) Description of Equipment,including quantity ordered,model and serial numbers,
e) Date of delivery and/or date of installation and set up,
f) Contractor's list price for each item,
g) Applicable discounts,
h) Maintenance or other Related Services charges,
i) Net invoice price for each item,
I) Total invoice price,excluding sales tax,
k) DIS Master Contract Administration Fee,if applicable,
1) Sales or other applicable taxes,
m) Shipping costs,
n) Other applicable charges,
o) Total invoice price,and,
p) Payment terms mcluding any available prompt payment discounts
72 Payments shall be due within thirty(30)calendar days after the Acceptance Date for such Equipment or
Services or thirty(30)calendar days after receipt of properly prepared invoices,whichever is later
73 Incorrect or incomplete invoices will be returned by Purchaser to Contractor for correction and reissue
74 This Master Contract number h97-MS I-012 must appear on all invoices,bills of lading,
packages,and correspondence relating to this Contract Purchaser shall not honor drafts nor
accept goods on a sight draft basis
75 If Purchaser fails to make timely payment, Contractor may invoice Purchaser one percent(1%)
per month on the amount overdue,or a mmunum of$1 00 Payment will not be considered late if
a check or warrant is postmarked within thirty(30)calendar days of the Acceptance Date of the
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Equipment or receipt of Contractor's properly prepared invoice, wluchever is later
Contractor's Responsibilities
8. Title
On the Acceptance Date,Contractor shall convey to Purchaser good title to the Equipment,excluding
licensed software,free and clear of all hens,pledges,mortgages, encumbrances, or other security interests
Transfer of title to the Equipment does not include transfer of title to Contractor's Software
9. Equipment Shipping and Delivery
91 Shipping dates will be established by Contractor upon receipt of a purchase order from the
Purchaser Contractor will use commercially reasonable efforts to notify Purchaser of the actual
scheduled shipping date within five(5)Business Days after receipt of the order
92 Purchaser has the right to defer Equipment shipment for no more than thirty(30)days from the
scheduled shipping date,provided written notice is received by Contractor at least fifteen(15)days
before the originally scheduled shipping date.
93 Canceled orders,rescheduled deliveries or Equipment configuration changes made by Purchaser
within ten(10)days of the original shipping date will be subject to(1)acceptance by Contractor,
and(it)a charge of fifteen percent(15%)of the total invoice amount Contractor reserves the right
to reschedule delivery in cases of configuration changes made within ten(10)days of scheduled
shipment
94 Contractor shall deliver the Equipment ordered pursuant to this Master Contract to Purchaser's
location anywhere in the state of Washington within sixty(60)calendar days of a written order
For any exception to this delivery date, Contractor must notify Purchaser and obtain prior
approval in writing Time is of the essence with respect to delivery and Contractor maybe subject
to liquidated damages,or cancellation of the order,or termination of the Master Contract,or other
damages available under law for failure to deliver on time
95 All Equipment deliveries made pursuant to this Master Contract must be complete Unless
Contractor has obtained prior written approval from Purchaser,which shall not be unreasonably
withheld,mcomplete deliveries or backorders will not be accepted All packages must be
accompanied by a packing slip which identifies all items included with the shipment and
Purchaser's Purchase Order number For all deliveries, Contractor must have a delivery receipt
signed by an authorized representative of Purchaser
10. Risk of Loss and Shipping
Contractor shall ship all Equipment purchased pursuant to this Master Contract, freight prepaid,FOB
Purchaser's destination The method of shipment shall be consistent with the nature of the Equipment and
hazards of transportation Regardless of FOB point,Contractor agrees to bear all risks of loss, damage, or
destruction of the Equipment ordered hereunder which occurs prior to the Acceptance Date, except loss or
damage attributable to Purchaser's fault or negligence or Purchaser's subcontractor's fault or negligence,
and such loss,damage, or destruction shall not release Contractor from any obligation hereunder After
Acceptance,risk of loss or damage shall be borne by Purchaser, except loss or damage attributable to
Contractors fault or negligence
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11. Contractor Installation and Set-up
11 1 When requested by Purchaser,Contractor shall set up and install the Equipment within sixty(60)
calendar days of a written order Failure to meet the installation date(s)may subject Contractor to
liquidated damages, or cancellation of the order,or termination of the Master Contract,or other
damages available under law,unless such failure is caused by acts or omissions of Purchaser
11,2 Contractor must provide to Purchaser an Installation Support Plan which includes
a) Site preparation
b) Duration of Contractor setup and Contractor testing
c) Number of Purchaser personnel required during installation
d) (deleted)
e) A detailed training plan involving on-site equipment administration and user training
programs
f) A detailed resource allocation plan showing the number of Contractor personnel to be
involved and the extent of Contractor coninutment of these personnel to the project
11 3 The Contractor must separately itemize all installation and environmental requirements for the
Equipment as listed below
a) Air conditioning
b) Electrical requirements
c) Special grounding
d) Cabling requirements
e) Weight(floor loading)
f) Space requirements
g) Humidity and temperature hunts
h) Noise level
114 While on Purchaser's premises,Contractor, its agents, employees, or subcontractors shall conform
in all respects with physical,fire,or other security regulations
11 5 Contractor shall be responsible for any loss or damage to Purchaser's property which results from
Contractor's willful misconduct or negligence or which results from Contractor's failure to
maintain and administer that property in accordance with sound management practices
11 6 Contractor shall designate specific fulfillment partners who will be authorized to provide
additional maintenance and installation services Purchasers may purchase such additional services
under this Contract only from the fulfillment partners so authorized by Contractor
12. Acceptance Testing
(deleted)
13. Equipment Compatibility, Specifications and Configurations
13 1 Contractor shall notify Purchaser of the existence of any compatibility issues between Contractor's
Equipment and Purchaser's already existing or planned-for hardware,software,cabling,codecs,
CSU/DSUs,inverse multiplexers,and terminal adapters Purchaser will provide Contractor access in
a timely fasluon to necessary areas and equipment sites and shall provide Contractor with a list of
existing or planned-for hardware,software, cabling,codecs,CSU/DSUs,inverse multiplexers,and
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terminal adapters, as necessary
132 Each item of Equipment delivered pursuant to the Master Contract(s)will conform to its
Specifications in all respects including but not limited to physical characteristics,operating
characteristics, space requirements,power requirements,maintenance or warranty characteristics,
modularity,compatibility, and the like, as may be modified in writing as agreed to by the parties
133 For the purpose of delivery and performance under this Master Contract,the Equipment purchased
hereunder shall be grouped together in one or more Equipment,fnmware, and/or software
configurations as set forth in Contractor's Proposal Any such configuration shall be deemed
incomplete and undeliverable if any item of Equipment within that configuration has not been
delivered,or if delivered,not installed or operational in accordance with the Equipment Delivery
and Contractor Installation and Set-up sections of this Contract
134 If requested by Purchaser,Contractor agrees to identify on all items of Equipment supplied under
this Master Contract,all appropriate test points for connecting commercially available equipment
monitors designed to measure system capacity,performance,or activity
135 Contractor shall not be responsible for equipment failures caused solely by any interconnections,
except as provided under Contractor Commitments,Warranties,and Representations
14. Training
141 When requested by Purchaser,Contractor shall provide training at its then current prices Such
training shall be designed by Purchaser and Contractor in a training plan that includes subject
matter, dates,classroom hours,place and number of students
142 Contractor shall provide Purchaser with general equipment service,product information, and
response to questions regarding specific Equipment use, including support for special events and
international calling
143 Contractor-provided training must satisfy any certification requirements of the Equipment
manufacturer in the operation, administration or maintenance of the Equipment,whichever is
applicable,so that those trainees are then so certified by the Equipment manufacturer If required
for Equipment warranty,instructors provided by Contractor shall be directly employed by the
Equipment manufacturer
15. Equipment Warranty
Contractor warrants that the Equipment shall be in good operating condition and shall conform to the
Specifications and other materials provided to Purchaser as set forth in the section titled Contractor
Commitments,Representations,and Warranties,for a period of one(1)year,commencing upon the
Acceptance Date Contractor further warrants that the Equipment conforms to all mandatory requirements as
set forth to Exhibit A and Exhibit C and all representations contained in Contractor's Proposals Unless
otherwise requested by the Purchaser,the warranty provided by Contractor will be an on-site warranty for
both parts and labor on the Equipment
15 1 Contractor's on-site warranty includes Cisco's SMARTnetTm services(as described below in the
provision titled Maintenance)plus next Business Day on-site coverage Contractor shall adjust,
repair or replace all Equipment that is defective or not perfomung in conformance with the
Specifications within twenty-four(24)hours after notification from Purchaser Contractor shall
provide temporary loan equipment if repair cannot be completed within twenty-four(24)hours,
and temporary components must be of the same type and configuration as the broken component
Contractor shall assume all costs for replacing parts or units and their installation, including
transportation and delivery fees When performing service,Contractor must not modify the
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hardware or software configuration beyond the failed component without first contacting the
appropriate K-20 network operating entity Contractor must repair or replace any defective
Equipment so it conforms to the Specifications
152 Contractor shall provide its Technical Assistance Center(TAC)as Purchaser's point of contact to
report Equipment failures and problems and to receive technical support services twenty-four(24)
hours a day,seven(7)days a week,toll free at(800)553-2447 Purchase can also e-mail to
tac@IQ clsco coin
153 Contractor agrees that all warranty service provided hereunder shall be performed by manufacturer
trained,certified,and authorized technicians
154 Purchaser may choose to buy Contractor's extended warranty coverage at time of purchase at the
price set forth in Schedule A Purchaser may choose to forego Contractor's on-site warranty and
to purchase only Cisco's SMARTnetTM services(as described below in the provision titled
Maintenance)at the price set forth in Schedule A
155 Purchaser agrees that Contractor will not be liable for damages caused by Purchaser's actions or
failure of Purchaser to fulfill any of its responsibilities for site installation
156 THE WARRANTIES IN THIS MASTER CONTRACT REPLACE ALL OTHER
WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE
16. Maintenance
Contractor shall make available to Purchaser the maintenance plans set forth below at the prices set forth in
Schedule A If Purchaser does not purchase a maintenance plan,Contractor will provide maintenance
services on a time and materials basis at the prices set forth in Schedule A
16 1 Option Plan 1 -Low Cost Maintenance-Cisco's SMARTnetTM services SMARTnet
consists of the following
Standard SMARTnet service,which includes
a) Operating system software maintenance updates and upgrades(mmor and major
releases)for the covered product,and
b) Priority 1 and 2 access to the Technical Assistance Center(TAC)24 hours a day,
seven days a week,and
c) Priority 3 and 4 escalation tunes that correspond with local business hours,and
d) Access to Cisco Connection Online(CCO)where available,and
e) Hardware replacement 8 x 5 x NBD---8 hours per day, 5 days per week,with delivery on the
Next Business Day
Additional SMARTnet service levels provide the services enumerated in the Contract and above,
and provide alternative hardware replacement timeframes as follows
Enhanced SMARTnet. 8 x 5 x 4---8 hours per day, 5 days per week,and delivery within
4 hours of Cisco dispatching the courier This level is available for Purchaser sites located
within 100 miles of a Cisco parts depot
Premium SMARTnet.24 x 7 x 4---24 hours per day,7 days per week,and delivery
within 4 hours of Cisco dispatching the courier This level is available for Purchaser sites
located within 100 miles of a Cisco parts depot
SMARTnet Onsite,may be purchased with any of the SMARTnet service levels and
provides an onsite technician for parts replacement and installation
16 1 1 Contractor will provide Purchaser with all new releases of manufacturer software updates
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. for Purchaser's Equipment via Cisco Connection Online(CCO)or media,upon request
Contractor shall provide Purchaser with registered access to CCO twenty-four(24)hours
a day,seven(7)days a week
1612 Contractor shall provide Purchaser's trained technicians with unlmuted access to its
Technical Assistance Center(TAC)to obtain support for problem identification and for the
resolution of complex problems and other technical support services, twenty-four(24)hours
a day,seven(7)days a week,toll free at(800)553-2447 Purchase can also e-mail to
tac@csco com During Business Days and Hours Contractor shall respond by telephone
within 2 hours of any service call and shall promptly resolve all reported software problems
and promptly provide remedial action,if appropriate Critical problems shall be escalated as
provided in Schedule D Problem Escalation Procedures
16 13 Contractor shall replace any failed parts or components via next Business Day delivery of
replacement parts,provided the request is received prior to 3 00 p in,Pacific Time,or
the following Business Day delivery if the request is received after 3 00 p in Pacific
Time Purchaser shall return the defective parts or components within ten(10)days If
Purchaser fails to return the defective parts or components,Contractor will charge
Purchaser the costs therefor Contractor shall pay the costs for delivery and return
shipment of the failed Equipment Replacement parts will be at the current manufacturing
revision levels Purchaser shall be responsible for any costs associated with reinstallation
162 Option Plan 2-Full Service Maintenance
1621 Contractor's Full Service Maintenance shall include all the services described above as
Cisco's SMARTnetT"m services and in addition shall provide the following on-site services
1622 For"major"failures(system down),Contractor's factory-certified technical staff shall arrive
. at Purchaser's site within eight(8)Business Hours of a service call to provide on-site support
for Purchaser's Equipment hardware and software problems
1623 Contractor shall provide full restoration of operations within twenty-four(24)hours of
Purchaser's report of a problem or failure Critical problems shall be escalated as
provided in Schedule D Problem Escalation Procedures
1624 Contractor shall provide all parts,labor,and material required for hardware maintenance,
labor for field installation of major software upgrades, and installation of all mandatory
engineering and factory change notices
17. Documentation
Contractor shall provide two(2)complete sets of documentation to Purchaser for each Equipment order, at no
additional cost to Purchaser Documentation shall be comprehensive,well structured,and indexed for easy
reference, shall include technical,electrical,maintenance, and installation information and specifications,and
shall come in the form of manuals,guides, driver diskettes and CD ROMs Contractor shall also provide
updates to the Equipment documentation as available,at no additional cost to Purchaser,so long as Purchaser is
under warranty or a maintenance plan Contractor will maintain a special Web page which will contain updates,
technical notes and other information
18. Contractor Commitments, Warranties and Representations
Any written commitment by Contractor within the scope of this Master Contract shall be binding upon
Contractor Failure of Contractor to fulfill such a commitment may constitute breach and shall render the
Contractor liable for damages due Purchaser under the terms of this Master Contract For purposes of this
Master Contract,a commitment by Contractor,which must be in writing,includes (1)prices,discounts,and
options committed to remain in force over a specified period of time,and(2)any warranty or representation
made by Contractor in its Proposal or contained in any literature,descriptions,drawings or specifications
accompanying or referred to in a Proposal,as to Equipment or software performance or any other physical,
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design or functional characteristics of a machine, software package,system,training,services or other •
products within the scope of this Master Contract
19. Year 2000 Compliance Warranty
19 1 Contractor warrants fault free performance in the processing of date and date-related data
including,but not limited to calculating, comparing,and sequencing by all Equipment and software
products,individually and in combination,from the commencement of this Master Contract Fault
free performance shall include the manipulation of this data when dates are in the 20th or 21 st
centuries and shall be transparent to the user Failure to comply with Year 2000 requirements shall
be considered a breach of contract
192 In the event equipment that is not yet Year 2000 compliant is added to this Contract as provided in
the provision titled Additional Services and Equipment,Contractor,through its warranty and
maintenance programs,will provide the necessary bug fixes,upgrades and software releases in
order that such equipment will comply with the date requirements of the year 2000
Purchaser's Authority and Responsibilities
20. Purchaser Use of Master Contract
To benefit from use of this Master Contract Purchaser shall comply with Software License Terms and
Export Restrictions as set forth unmediately below and the notice requirements set forth in the provision
titled Contractor's Proprietary Information Reference of this Master Contract Number and/or •
Purchaser's signature on the order document signifies agreement to comply with Contractor's software
license terms,export restrictions and protection of Contractor's confidential or proprietary information
21. Software License Terms
21 1 Contractor grants to Purchaser a nonexclusive and nontransferable license to use the Contractor's
software features paid for("Software")in object code form solely on a single central processing unit
owned or leased by Purchaser or otherwise embedded in equipment provided by Contractor
Purchaser may make one(1)archival copy of the Software provided Purchase affixes to such copy
all copyright,confidentiality and proprietary notices that appear on the original Contractor retains
all title to, and,except as expressly licensed herem,all rights to the Software, all copies thereof and
all related documentation Any invoices of Contractor that refer to such items do not convey title to,
or patent rights, copyrights or any other proprietary interest in, such items to Purchaser
212 LIMITATIONS Except as expressly authorized above,Purchaser shall not
a) Copy,in whole or in part, Software or documentation,
b) Modify the Software,
c) Reverse compile or reverse assemble all or any portion of the Software,or
d) Rent,lease,distribute, sell or create derivative works of the Software
213 Nondisclosure Purchaser agrees that aspects of the licensed materials, including the specific
design and structure of individual programs,constitute trade secrets and/or copyrighted material of
Contractor Purchaser agrees not to disclose,provide,or otherwise make available such trade
secrets or copyrighted material in any form to any third party without the prior written consent of
Contractor,unless there is a public records request pursuant to chapter 42 17 RCW If Purchaser
should receive a public records request for such information,Purchaser will follow the procedures
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set forth under the provision titled Contractor's Proprietary Information Purchaser agrees to
implement reasonable security measures to protect such trade secrets and copyrighted material
214 Restricted Rights In the event title to any Equipment ever passes to an entity of the federal
government through direct sale or resale or otherwise,the following restricted rights apply
Contractor's Software is provided to non-DOD entities with RESTRICTED RIGHTS and its
supporting documentation is provided with LIMITED RIGHTS Use, duplication, or disclosure by
the Government is subject to the restrictions as set forth in subparagraph(c)of the Commercial
Computer Software-Restricted Rights clause at FAR 52 227-19 In the event the license is to a
DOD agency,the government's tights in Software,supporting documentation,and technical data is
governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252 227-
7015 and DFARS 227 7202
22. Export Restrictions
Purchaser shall not transport or transom, directly or indirectly,the Equipment or any technical data received from
Contractor,nor the direct product derived therefrom, outside the United States or Canada without Contractor's
prior written consent and without complying with all export laws and regulations of the United States
23. Related Agreements
Purchaser and Contractor may enter into additional agreements for software licensing, training, warranty,
maintenance, installation,or configuration and engineering support directly related to Equipment
acquisitions made under this Master Contract,hereinafter referred to as"Related Agreements" Related
Agreements cannot contain terms and conditions in contradiction with the terms and conditions set forth in
this Master Contract,and the terms and conditions of this Master Contract take precedence over any terms
and conditions in any Related Agreements Related Agreements may survive the term of this Master
Contract Because Related Agreements have not been approved as to form by the Office of the Attorney
General,Purchaser should provide its own legal review and shall hold DIS harmless from any consequences
resulting from any inadequacy of the Related Agreements
Contract Termination
24. Termination for Default
24 1 If Contractor violates any material term or condition of this Master Contract or fails to fulfill in a timely
and proper manner its obligations under this Master Contract,the DIS Contract Administrator or the
affected Purchaser shall give Contractor written notice of the failure or violation,and the failure or
violation shall be corrected by Contractor within thirty(30)calendar days or as otherwise mutually
agreed If Contractor's failure or violation is not so corrected,this Master Contract may be terminated
immediately by written notice from the DIS Contracting Officer to Contractor,or Purchaser's order may
be terminated by written notice from Purchaser to Contractor The option to terminate this Master
Contract shall be at the sole discretion of DIS
242 In the event DIS terminates this Contract or Purchaser terrmnates an order,DIS or Purchaser shall
have the right to procure the Equipment and Related Services that are the subject of this Master
Contract on the open market,and Contractor shall be liable for all damages including,but not
Imvted to (1)the cost difference between the original Master Contract price for the Equipment
and Related Services and the replacement cost of such Equipment and Related Services acquired
from another Contractor, (2)if applicable,all administrative costs directly related to the
replacement of the Master Contract,such as costs of competitive bidding,mailing, advertising,
. applicable fees,charges or penalties,staff time costs, and,(3)any other costs to Purchaser or DIS
resulting from Contractor's breach Purchaser or DIS shall have the right to deduct from any
monies due to Contractor or that thereafter become due,an amount for damages that Contractor
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will owe Purchaser or DIS for Contractor's default .
243 If either DIS or Purchaser violates any material term or condition of this Master Contract or fails to
fulfill in a timely and proper manner its performance obligations under this Master Contract,
Contractor shall give the DIS Contracting Officer or Purchaser,as appropriate,written notice of
such failure,which shall be corrected by DIS or Purchaser within thirty(30)calendar days If
DIS' failure to perform is not so corrected,this Master Contract may be terminated immediately by
written notice from Contractor to the DIS Contracting Officer If Purchaser's failure to perform is
not so corrected,Purchaser's order may be terminated by written notice from Contractor to
Purchaser
244 In the event a Purchaser violates any of the provisions set forth in Software License Terms or in
Contractor's Proprietary Information,Contractor may immediately terminate that Purchaser's
order and right to make further purchases under this Master Contract and shall give written notice
of such termination to Purchaser and shall also so mform the DIS Contracting Officer
245 If the Failure to Perform is without the defaulting parry's fault or negligence,the termination shall
be deemed a Termination for Convenience
246 This section shall not apply to any failure to perform that results from the willful or negligent acts
or omissions of the aggrieved party
25. Termination for Convenience
25 1 When in the best interest of Purchaser or DIS,the DIS Contracting Officer may terminate this
Master Contract,in whole or in part,by giving fourteen(14)calendar days written notice to
Contractor Invocation of the Termination for Withdrawal of Authority,or Termination for
Non-Allocation of Funds sections shall be deemed a Termination for Convenience but will not
require fourteen(14)calendar days written notice
252 If tills Master Contract is so temvnated,Purchaser is liable only for payments required by the
terms of this Contract for Equipment and Related Services received and accepted by Purchaser
prior to the effective date of termination
26. Termination for Withdrawal of Authority
In the event the authority of Purchaser or DIS to perform any of its duties is withdrawn,reduced,or limited in
any way after the commencement of this Master Contract and prior to normal completion,DIS may temunate
this Master Contract under the Termination for Convenience section This section shall not be construed to
permit DIS to terminate this Master Contract to acquire sundar Equipment or Services from a third party
27. Termination for Non-Allocation of Funds
If funds are not allocated to continue this Master Contract in any future period,Purchaser or DIS will not be
obligated to pay any further charges for Services,including the net remainder of agreed to consecutive periodic
payments remaining unpaid beyond the end of the then-current period In such case,Purchaser or DIS agrees to
notify Contractor at the earliest opportunity of the non-allocation No penalty shall accrue to Purchaser or DIS for
exercising its rights under this section This section shall not be construed to permit Purchaser or DIS to terminate
this Master Contract to acquire similar Equipment or Services from a third party
28. Termination for Conflict of Interest
DIS may terminate this Master Contract by written notice to Contractor if DIS detemunes,after due notice
and examination,that any party has violated Ethics in Public Service,chapter 42 52 RCW,or any other
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laws regarding ethics in public acquisitions and procurement and performance of contracts In the event
this Master Contract is terminated for Conflict of Interest,DIS shall be entitled to pursue the same remedies
as it could pursue in the event Contractor breaches this Master Contract
29. Termination Procedure
29 1 Upon termination of all or part of this Master Contract and in addition to any other rights provided
in this Contract,DIS may require Contractor to deliver to Purchaser or DIS, as appropriate,any
property or Equipment specifically produced or acquired for the performance of such part of this
Contract as has been ternmated
292 Unless otherwise provided herein,Purchaser shall pay to Contractor the agreed-upon price,if
separately stated, for Equipment or Services received and accepted by Purchaser,provided that, in
no event shall Purchaser pay to Contractor an amount greater than Contractor would have been
entitled to if this Master Contract had not been terminated Failure to agree with such
determination shall be a dispute within the meaning of the Disputes section of this Contract
Purchaser may withhold from any amounts due Contractor for such completed work or Services,
such sum as Purchaser determines necessary to protect Purchaser from potential loss or liability
293 Within thirty(30)calendar days after notice,Contractor shall pay any damages due DIS or Purchaser
Disputes and Remedies
30. Disputes
Disputes arising between Purchaser and Contractor shall be referred to the DIS Contract Administrator for
resolution Disputes not so resolved shall be referred to an alternative dispute resolution procedure,such as
mediation,prior to initiating any litigation of any aspect of this Master Contract The disputants shall share
equally in the costs associated with the dispute resolution procedure
31. Attorneys' Fees and Costs
If any party brings litigation to enforce any term,condition,or section of this Master Contract,or as a result
of this Master Contract in any way,the prevailing party shall be awarded its reasonable attorneys'fees,
together with necessary fees, expenses and costs incurred with such litigation rendered at both trial and
appellate levels, as well as subsequent to judgment in obtaining execution thereof
32. Non-Exclusive Remedies
The remedies provided for in this Master Contract shall not be exclusive but are in addition to all other
remedies available under law
33. Liquidated Damages
33 1 Liquidated Damages-General
33 1 1 Any delay by Contractor in meeting the delivery or installation date,as applicable,will
interfere with the proper unplementation of Purchaser's programs, causing loss or damage
to Purchaser
33 12 As it would be impracticable to fix the actual damage sustained in the event of such
failure to perform,Purchaser and Contractor agree that the amount of damage sustained
will be the amount set forth in the following sections The parties agree that the
Contractor shall pay such amounts as liquidated damages and not as a penalty
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33 13 Liquidated damages provided under the terms of the Master Contract are subject to the
same limitations as provided in the section entitled Limitation of Liability
332 Liquidated Damages-Specific
332 1 If Contractor fails to deliver or install the Equipment by the agreed upon delivery or
installation date, as applicable,Contractor shall provide a revised delivery or installation
schedule and pay to Purchaser as fixed and agreed upon liquidated damages, in lieu of all
other damages due to such delay,an amount equal to two percent(2%)of the purchase
price of the Equipment up to a maxmnun of one thousand dollars($1,000 00)per day for
each calendar day between the specified delivery or installation date and the date that
Contractor actually delivers or installs the Equipment,such liquidated damages not to
exceed Thirty Thousand Dollars($30,000)
3322 If the revised delivery or installation date is more than thirty(30)calendar days from the
original delivery or installation date,Purchaser may umnediately terminate,by written
notice to Contractor,Contractor's tight to deliver or install the Equipment Purchaser
may obtain substitute Equipment from another Contractor In this event,Contractor shall
be liable for fixed and agreed upon liquidated damages in the amount specified above,in
lieu of all other damages due to such delay,until substitute Equipment is delivered or
installed,or a maximum of thirty(30)calendar days have elapsed from the original
delivery or installation date
34. Failure to Perform
If Contractor falls to perform any substantial obligation under this Master Contract,Purchaser shall give
Contractor written notice of such failure to perform If after thirty(30)calendar days from the date of the
written notice,Contractor still has not performed,then without penalty to Purchaser,Purchaser may withhold
all momes due and payable to Contractor until such failure to perform is cured or otherwise resolved
35. Limitation of Liability
35 1 The parties agree that neither Contractor nor Purchaser shall be liable to each other,regardless of
the form of action,for consequential, incidental,indirect,or special damages except a claim or
demand based on patent or copyright infringement,in which case liability shall be as set forth
elsewhere in this Master Contract,and except a claim or demand based on Purchaser's breach of
its obligations under Provision 21 Software License Terms The damages specified in the
sections titled OSHA/WISHA,Termination for Default and Review of Contractor's Records
are not consequential, incidental,indirect,or special damages as those terms are used in this
section
352 Neither Contractor nor Purchaser shall be liable for damages arising from causes beyond the
reasonable control and without the fault or negligence of either Contractor or Purchaser Such
causes may include,but are not restricted to,acts of God or the public enemy,acts of a
governmental body other than Purchaser acting in either its sovereign or contractual capacity,war,
explosions,fires,floods, earthquakes,epidemics, quarantine restrictions, strikes, freight
embargoes,shortage of supplies,and unusually severe weather,but in every case the delays must
be beyond the reasonable control and without fault or negligence of Contractor,Purchaser,or their
respective subcontractors
353 If delays are caused by a subcontractor without its fault or negligence,neither Contractor nor
Purchaser shall be liable for damages for delays,unless the Equipment or Services were obtainable
on comparable terms from other sources in sufficient time to permit Contractor or Purchaser to
meet its required performance schedule
354 Neither party shall be liable for personal injury or damage to the other party's property except
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personal injury or damage to property proximately caused by such parry's respective fault or
negligence
35 5 Notwithstanding anything else herein,all Iiability of Contractor under this Contract or otherwise
shall be limited to the greater of one million dollars($1,000,000)or the money paid to Contractor
under this Contract during the twelve(12)month period preceding the event or circumstances
giving rise to such liability This lunnation of liability is per incident and will not apply to costs
related to the defense or settlement of intellectual property rights claims,or to claims for personal
injury or death proxumtely caused by Contractor's fault or negligence,or to claims trade under the
Save Harmless provision of the Contract
Contract Administration
36. Notices
Any nonce or demand or other communication required or permitted under this Master Contract or
applicable law(except notice of malfunctioning Equipment)shall be effective only if it is in writing,
properly addressed,and delivered in person,or sent by facsimile transmission, or by a recognized courier
service, or deposited with the United States Postal Service as first-class certified mail,postage prepaid and
return receipt requested,to the parties at the following addresses or phone numbers
to Contractor at to DIS at
Cisco Systems,Inc State of Washington
Legal Department Department of Information Services
170 West Tasman Drive Attn: Contract Administrator
San Jose, CA 95134-1706 Mail P O Box 42445,Olympia,WA 98504-2445
Fax number (408)526-7019 Street 2411 Chandler Court SW, Olympia WA 98502
Fax number (360) 664-0711
or to K-20 Purchasers at the address and fax number listed on their purchase order
Notwithstanding RCW 1 12 070,such communications shall be effective upon the earlier of receipt or four
(4)calendar days after mailing The notice address and fax numbers as provided herein may be changed by
written notice as provided above
37. Entire Agreement
This Master Contract sets forth the entire agreement between the parties with respect to the subject matter
hereof and except as provided in the section titled Contractor Commitments,Warranties and
Representations,understandings,agreements,representations,or warranties not contained in this Contract
or a written amendment hereto shall not be binding on either party Except as provided herein,no alteration
of any of the terms,conditions,delivery,price,quality, or Specifications of this Contract will be effective
without the written consent of both parties
38. Mandatory Provisions of RFP are Substantive Terms
The mandatory RFP provisions and the provisions of Contractor's Proposal are incorporated into and are
essential substantive terms of this Master Contract Contractor will be bound by all of the mandatory
provisions of the two DIS RFPs,Exhibit A and Exhibit C,and Equipment provided under this Master
Contract shall meet or exceed all of the mandatory technical requirements therem, as applicable
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39. Section Headings, Incorporated Documents and Order of Precedence
39 1 The headings used herem are inserted for com emence only and shall not control or affect the
meaning or construction of any of the sections
39.2 Each of the documents listed below is,by this reference, incorporated into this Master Contract as
though fully set forth herem In the event of any inconsistency in this Master Contract, the
inconsistency shall be resolved in the following order of precedence
a) Applicable federal and state statutes,laws,and regulations,
b) Sections of this Master Contract K97-MST-012,
c) Schedule A-Authonzed Equipment and Price List,
d) Exhibit A—State of Washington,DIS Request for Proposal for Intranet Routers dated
November 5, 1996,or Exhibit C—State of Washington,DIS Request for Proposal for Server
Switches dated December 2, 1996,as applicable,
e) Exhibit B—Contractor's Proposal for Intranet Routers dated November 25, 1996,or Exhibit
D,Contractor's Proposal for Server Switches dated December 19, 1996,as applicable,
including all written information provided with Contractor's Proposals,
f) The terms and conditions of Related Agreements,if any,
g) The terns and conditions contained on Purchaser's purchase documents,*if used,and,
h) All Contractor or manufacturer publications,written materials and schedules,charts,
diagrams,tables,descriptions, and other written representations Contractor made available to
Purchaser and used to effect the sale of Equipment to Purchaser,or purports the Equipment is
fit for a particular purpose or attests to the Equipment's engineering level,operating
condition,functions,capabilities, or merchantability
'Contractor will not be bound by additional terms and conditions on Purchaser's order
forms unless Contractor agrees to them in writing.
40. Additional Services and Equipment
DIS and Contractor agree that additional Services and/or Equipment,which are appropriate to the scope of
this Master Contract,may be added to this Master Contract(Schedule A hereto)by an instrument in writing,
with the mutual consent of both parties Such writing shall include a specific description of the additional
Services and/or Equipment,pricing and additional terms and conditions as relevant The additional
Services and/or Equipment shall be available under the same terms and conditions established herem,unless
otherwise agreed to in a signed writing
401 Pricing and other changes for additional maintenance and installation Services being provided by a
fulfillment partner will be provided by Contractor to the TSD Contract Administrator and added to
the Contract by amendment,
402 All other pricing is based on the above-stated discounts from the prices on Contractor's posted
retail price list Contractor has sole control over its retail prices,the discounts are fixed and can be
changed only through signed amendment to the Contract,
403 DIS and Purchasers will access Contractor's retail price list through a link on DIS' TechMall,
where the Contract is posted Contractor shall provide DIS with logon ids,passwords,or whatever
else is necessary to ensure access to its price list
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41. Authority for Modifications and Amendments
No modification,amendment, alteration, addition or waiver of any section or condition of this Master Contract
shall be effective or binding unless in writing and signed by authorized representatives of Contractor and DIS
42. Independent Status of Contractor
In the performance of this Contract,the parties will be acting in their individual, corporate or governmental
capacities and not as agents, employees,partners,Joint venturers,or associates of one another The
employees or agents of one party shall not be deemed or construed to be the employees or agents of the
other party for any purpose whatsoever,nor will Contractor make any claim of right,privilege or benefit
which would accrue to an employee under chapter 4106 RCW,chapter 23B 16 RCW, or Title 51 RCW
43. Governing Law
This Master Contract shall be governed in all respects by the law and statutes of the state of Washington
Jurisdiction for any action hereunder shall be the Superior Court for the state of Washington Venue of any
action hereunder shall be in the Superior Court for Thurston County,Washington
44. Subcontractors
Contractor may,with prior written permission from the DIS Contract Administrator,which consent shall not
be unreasonably withheld, enter into subcontracts with thud parties for performance of any part of
Contractor's duties and obligations In no event shall the existence of a subcontract operate to release or
reduce Contractor's liability to Purchaser or DIS For any breach in the performance of Contractor's duties
For purposes of this Master Contract,Contractor agrees that all subcontractors shall be deemed to be agents
of Contractor Contractor further agrees to hold Purchaser or DIS harmless from acts or ommssions of
Contractor's subcontractors,their agents,or employees,subject to the limitations set forth in the Limitation
of Liability section of this Contract Purchaser or DIS shall not be liable for any loss or damage resulting
from personal injury,physical loss,harassment of employees,or violations of the Patent and Copyright
Indemnification section of this Contract occasioned by the acts or omissions of Contractor's
subcontractors,their agents or employees The Patent And Copyright Indemnification section of this
Contract shall apply to all subcontractors
45. Assignment
45 1 With the prior written consent of DIS,which consent shall not be unreasonably withheld,Contractor
may assign this Master Contract, including the proceeds hereof,provided that, such assignment shall
not operate to relieve Contractor of any of its duties and obligations hereunder,nor shall such
assignment affect any remedies available to Purchaser or DIS that may anse from any breach of tlus
Contract,its supplements,or warranties made herem, including but not limited to rights of setoff
452 With the prior written consent of Contractor,which consent shall not be unreasonably withheld,
DIS may assign this Master Contract to any public agency,commission,board,or the like,within
the political boundaries of the state of Washington,provided that, such assignment shall not
operate to relieve DIS of any of its duties and obligations hereunder
46. Publicity
Contractor agrees to submit to DIS all advertising,sales promotion,and other publicity matters relating to this
agreement or any Equipment furnished by Contractor wherein Purchaser's or DIS' name is mentioned,or
language is used which infers or implies a connection with Purchaser or DIS Contractor further agrees not to
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publish or use such advertising,sales promotion, or publicity matter without the prior written consent of DIS
47. Review of Contractor's Records
471 Contractor and its subcontractors shall maintain books,records,documents and other evidence of
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature invoiced in the performance of this Master Contract Such records shall be
retained for six(6)years after the expiration or termination of this Master Contract Records
involving matters in litigation related to this Master Contract shall be kept for one(1)year
following the termination of litigation,including all appeals, if the litigation has not terminated
within five(5)years from the date of expiration or termination of the Contract
472 All such records shall be subject at reasonable times and upon prior notice,to examination,inspection,
copying,or audit by personnel authorized by the DIS Contract Administrator or the Office of the State
Auditor,and federal officials authorized by law,rule,regulation,or contract,when applicable During
the term of this Master Contract,access to these items will be provided within Thurston County
During the six(6)year period after the Contract term or five(5)year term following litigation,
delivery of and access to these items will be at no cost to the State Contractor shall be responsible for
any audit exceptions or disallowed costs incurred by Contractor or any of its subcontractors
473 The records retention and review requirements of this section shall be incorporated by Contractor
in its subcontracts
474 It is agreed that books,records,documents and other evidence of accounting procedures and
practices related to Contractor's cost structure, including overhead,general and administrative
expenses,and profit factors, shall be gxcluded from review unless the cost or any other material
issue under this Contract is calculated or derived from these factors
General
48. Purchase Use Limitation
This Contract is only for the purchase of Equipment in the United States or Canada For purchase of
Equipment to be used outside of the United States or Canada,a different purchasing vehicle with different
terms and conditions will apply Furthermore,Purchaser shall comply with the provisions set forth in the
section above titled Export Restrictions
49. Patent and Copyright Indemnification
49 1 Contractor will at its expense,defend or settle any claim against Purchaser that the Equipment,
Software,or work products supplied hereunder mfrmge(s)on any patent,copyright,or trademark
in the United States or Canada Contractor will pay resulting costs,damages and attorneys' fees
finally awarded,provided that, Purchaser
a) Promptly notifies Contractor in writing of the claim,and
b) Cooperates with and agrees to use its best efforts to encourage the Washington State Office
of the Attorney General to grant Contractor sole control of the defense and all related
settlement negotiations
492 Contractor will pay all costs of such defense and settlement and any costs and damages awarded by
a court or incurred by Purchaser,except costs paid to the Office of the Attorney General as legal
fees If such claim has occurred,or in Contractor's opinion is likely to occur,Purchaser agrees to
permit Contractor at its option and expense,either to procure for Purchaser the right to continue
using the Equipment or to replace or modify the Equipment to make it nomafrmgmg and
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. functionally equivalent If use of the Equipment is enjoined by a court and Contractor determines
that none of these alternatives is reasonably available,Contractor, at its risk and expense,will take
back the Equipment and refund its depreciated value No terimnation charges will be payable on
the returned Equipment,and Purchaser will pay only those charges which were payable prior to the
return date Depreciated value shall be calculated on the basis of a useful life of five(5)years
commencing on the date of purchase,and shall be an equal amount per year over the useful life
The depreciation for fractional parts of a year shall be prorated on the basis of 365 days per year
In the event the Equipment has been installed less than one year, Contractor shall refund to
Purchaser transportation costs to the initial installation site
493 Contractor has no liability for any claim of infringement arising from
a) Contractor's compliance with any designs,specifications or instructions of Purchaser,
b) Modification of the Equipment by Purchaser or a third party,unless such modification has
been required by Contractor,
c) Use of the Equipment in a way not specified by Contractor,or,
d) Use of the Equipment with equipment not supplied by Contractor,
unless the claim arose against Contractor's Equipment, Software or Services independently of any
of these specified actions
494 The foregoing states the entire obligation of Contractor with respect to the infringement of patents,
copyrights and trademarks
50. Save Harmless
Contractor shall protect, indemnify and save Purchaser harmless from and against any damage,cost, or
liability,including reasonable attorneys' fees resulting from such clarrn,for any or all injuries to persons or
damage to tangible property arising from intentional,willful or negligent acts or omissions of Contractor, its
officers,employees,agents,or subcontractors
51. Industrial Insurance Coverage
Prior to performing work under this Contract,Contractor shall provide or purchase industrial insurance
coverage for its employees,as may be required of an"employer"as defined in Title 51 RCW, and shall
maintain full comphance with Title 51 RCW during the course of this Contract Purchaser will not be
responsible for payment of industrial insurance prenuums or for any other claim or benefit for Contractor,
or any subcontractor or employee of Contractor,which might arise under the industrial insurance laws
during the performance of duties and services under this Contract
52. Insurance
52 1 Liability and Auto Insurance Contractor shall, during the term of this Contract,maintain in full
force and effect, the insurance described in this section with an insurance carrier or carriers
licensed to conduct business in the state of Washington and approved by the DIS Contract
Administrator,which approval shall not be unreasonably withheld The mmnmum acceptable
hunts and types of coverage shall not be less than$1 nullion commingled single hrrut per
occurrence for each of the following categories
52 1 1 Public liability covering the risks of bodily injury,property damage and personal injury
(including death),
52 12 General Business Liability,and
52 1 3 Automobile liability(owned or nonowned)covering the risks of public liability and
property damage
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522 Premiums on all insurance policies shall be paid by Contractor or its Subcontractors Such
insurance policies provided for the Purchaser pursuant to this section shall name DIS as an
additional insured and shall have a condition that they not be revoked by the insurer until flurry
ry
(30)calendar days after notice of intended revocation thereof shall have first been given to DIS
by such insurer
523 Contractor shall furnish to DIS copies of certificates of all required insurance within thirty(30)
calendar days of the execution date of this Contract
53. Licensing Standards
Contractor shall comply with all applicable local,state,and federal licensing requirements and standards
necessary in the performance of tins Contract (See for example, chapter 19 02 RCW for state licensing
requirements and definitions)
54. OSHA/WISHA
Contractor represents and warrants that its products,when shipped, are designed and manufactured to meet
then current federal and state safety and health regulations Contractor further agrees to mdemmfy and hold
Purchaser harmless from all damages assessed against Purchaser as a result of the failure of the items furnished
under this Contract to so comply
55. Compliance with Civil Rights Laws
During the performance of this Contract,Contractor shall comply with all federal and applicable state
nondiscrimination laws,including but not limited to Title VII of the Civil Rights Act,42 USC 12101 et
seq,the Americans with Disabilities Act(ADA),and Title 49 60 RCW,Washington Law Against
Discrimination In the event of Contractor's noncompliance or refusal to comply with any
nondiscrtrination law,regulation or policy,this Contract may be rescinded or terminated in whole or in
part under the Termination for Default section,and the Contractor may be declared meligible for further
Contracts with Purchaser In addition to the cancellation of tins Contract,Contractor may be subject to
penalties under federal and state law
56. Severability
The terms and conditions of this Contract are declared severable If any term or condition of this Contract or
the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other
terms,conditions, or applications which can be given effect without the invalid term, condition, or application
57. Waiver
Waiver of any breach of a term or condition of this Contract shall not be deemed a waiver of any prior or
subsequent breach No term or condition of this Contract shall be waived,modified,or deleted except by a
written instrument signed by the parties hereto
58. Treatment of Assets
58 1 Title to all property furnished by Purchaser shall remain with Purchaser Title to all property
fumished by Contractor,for which Contractor is entitled to reimbursement under tins Contract,
other than rental payments, shall pass to and vest in Purchaser pursuant to the Title provisions
above As used in this section Treatment of Assets,if the"property"is Contractor's proprietary,
copyrighted works,only the applicable license,not title,passes to Purchaser
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582 Any property of Purchaser furnished to Contractor,unless otherwise provided herem or approved
by Purchaser,shall be used only for the performance of taus Master Contract
58 3 Contractor shall be responsible for any loss or damage to the property of Purchaser which results from
Contractor's negligence or wluch results from Contractor's failure to maintain and administer that
property in accordance with sound management practices
584 Upon loss,destruction,or damage to any Purchaser property, Contractor shall notify Purchaser
thereof and shall take all reasonable steps to protect the property from further damage
585 Contractor shall surrender to Purchaser all Purchaser's property prior to settlement upon
completion,ternunanon,or cancellation of this Contract
586 All references to Contractor under this section shall also include Contractor's employees,agents,
or subcontractors
59. Contractor's Proprietary Information
Contractor acknowledges that DIS and Purchaser are subject to chapter 42 17 RCW,the Public Disclosure
Act, and that this Master Contract shall be a public record as defined in RCW 42 17 250 through 42 17 340
Any specific information which Contractor claims to be confidential or proprietary,must be clearly identified
as such by Contractor To the extent consistent with chapter 42 17 RCW,DIS and Purchaser shall maintain
the confidentiality of all information marked confidential or proprietary If a request is made to view
Contractor's proprietary information,DIS or Purchaser,as appropriate,will immediately notify Contractor of
the request and of the date that the records will be released to the requester unless Contractor obtains a court
order enjoining disclosure If Contractor fails to obtain the court order enjoining that disclosure,DIS or
Purchaser will release the requested information on the date specified
Activity Reporting and Administration Fee
60. DIS Master Contract Administration Fee and Collection
60 1 K-20 Purchasers are exempt from and shall not pay the DIS Master Contract Administration Fee for
purchases made under this Contract All purchases made by other Purchasers under this Master
Contract are subject to a DIS Master Contract Administration Fee, collected by Contractor and
returned to DIS
602 The Master Contract Administration Fee is three tenths of one percent(3%or 003)of the
purchase price The purchase price is defined as total invoice price less sales tax
603 The Master Contract Administration Fee shall be invoiced by Contractor to all Purchasers as a
separate detailed line item on Purchaser's invoice K-20 Purchasers are exempt from the Fee and
their line item shall be zero dollars(SO)
604 Contractor shall renut the Master Contract Administration Fee directly to the DIS Contract
Administrator along with the Master Contract Activity Report
61. Master Contract Activity Reporting
61 1 Contractor shall submit to the DIS Contract Administrator a quarterly Activity Report of all Equipment
and Related Services purchases made pursuant to this Master Contract The report must identify
a) This Master Contract number,K97-MST-012,
b) Each Purchaser making purchases during that quarter,separated into K-20 Purchasers and all
other Purchasers,
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c) The total invoice price,excluding sales tax for each Purchaser,
d) The sum of all invoice prices,excluding sales tax, for all K-20 Purchasers,
e) The sum of all invoice prices,excluding sales tax,for all other Purchasers,and
f) The DIS Master Contract Administration Fee
612 This report and the DIS Master Contract Admimstration Fee must be subrnrtted by the 15th calendar
day of March,June, September and December for the three month period preceding the month in
which Contractor reports Contractor shall subrmt this report according to the layout specified by the
DIS Contract Administrator
613 This report may be corrected or modified by the DIS Contract Administrator with subsequent written
notice to Contractor
614 Quarterly reports are required even if no activity occurred
62. Failure to Remit Reports/Fees
62 1 Failure of Contractor to rermt the Master Contract Activity Report together with the Master
Contract Administration Fee may be considered a Failure to Perform on the part of Contractor,
which may result in DIS terminating this Master Contract with Contractor
622 Failure of any Purchaser to pay the Master Contract Administration Fee may result in that Purchaser
forfeiting its right to purchase under this Master Contract Contractor shall notify the DIS Contract
Admimstrator when any Purchaser fails to pay the Master Contract Administration Fee
623 The DIS Contract Administrator will notify Contractor of any Purchaser who has forfeited its right
to purchase under this Master Contract After such notification,any sale by Contractor to a .
forfeiting Purchaser may be considered Failure to Perform by Contractor
62 4 If the performance issues are resolved,DIS at its option,may reinstate a Contractor's participation or
a Purchaser's right to purchase
Contract Execution
63. Authority to Bind
The signatories to this Master Contract represent that they have the authority to bind their respective
organizations to tlus Contract
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64. Counterparts
This Master Contract maybe executed in counterparts or in duplicate originals Each counterpart or each
duplicate shall be deemed an original copy of the Master Contract signed by each party, for all purposes
In Witness Whereof,the parties hereto,having read this Master Contract in its entirety, including all attachments,do
agree in each and every particular and have thus set their hands hereunto
Approved Approved
State of Washington, Cisco Systems,Inc
Department of Information Services
Signature Signature
JOHN ANDERSON SIGNED 3/19/1997 WILLIAM CONLON SIGNED 3/12/1997
Print or Type Name Pnnt or Type Name
Title Date Title Date
Approved as to Form
State of Washington,
Office of the Attorney General
APPROVED AS TO FORM BY
ANTHONY KEATING on 3/12/1997
Signature
Print or Type Name
Assistant Attorney General
Title Date
State of Washington Intranet Routers
Department of Information Services 23 Q\COntract\K97MST012 AGT
Schedule A
Authorized Equipment and Price
List
To go directly to the pricing:
http://techmall.dis.wa.gov/master contracts/intranet/pricina/ciscoprc.asp
PRICING
Schedule A-Authorized Equipment and Price List includes the hardware, licensed Software,
documentation, supplies, accessories and other commodities related to any of the foregoing, listed on Cisco's
then current published Price List(collectively"Products")
a) The Product discount for State and Local Government shall be 32%and all Product purchases
shall include one (1)year of SMARTnet, 8x5xNBD Service as part of the purchase price
Purchasers who wish to upgrade their included SMARTnet Service to 7x24 may do so by
paying only the difference in price, 1 e with a credit for the 8x5xNBD amount of the price
b) The Product discount for Education shall be 35% and all Product purchases shall include one
(1)year of SMARTnet, 8x5xNBD Service as part of the purchase price Purchasers who wish
to upgrade their included SMARTnet Service to 7x24 may do so by paying only the difference
in price, i.e with a credit for the 8x5xNBD amount of the price
FULFILLMENT PARTNERS
Additional maintenance and installation services to be provided by fulfillment partner Qwest are
hereby added to Schedule A(Price List)of the Contract These services contain"Q"within their
part number and"Qwest"with their product description and are available only from fulfillment
partner Qwest Communications(aka Qwest Interprise)
Other fulfillment partners, agreed to by DIS and Contractor via amendment,may also be
authorized to provide additional maintenance and installation services When authorized, such
additional services will be given unique part numbers and added to the Price List If a fulfillment
partner sells other services that are not listed with a unique part number on the Price List,then
such services are not purchased under this Contract and cannot be represented as being sold
under this Master Contract K97-MST-012
State of Washington Intranet Routers
Department of Inforntation Services Schedule A Q\Contract\K97MST012 AGT
Schedule B
Authorized K-20 Purchasers
Department of Information Services
University of Washington
Washington State University
Community and Technical Colleges
Central Washington University
Eastern Washington University
The Evergreen State College
Western Washington University
Educational Service Districts
Public School Districts
Washington State Public Library Systems
State of Washington Intranet Routers
Department of Information Services Schedule B Q\Contract\K97MST012 AGT
Schedule C
MWBE Certification
Not Applicable
State of Washington Intranet Routers
Department of Information Services Schedule C Q\Contract\K97MST012 AGT
• Schedule D
Problem Escalation Procedures
•
State of Washington Intranet Routers
Department of Information Services Schedule D Q\Contract\K97MST012 AGT
Problem Escalation Procedures
All calls are placed through the Technical Assistance Center(TAC)at(800) 553-2447,twenty four(24)
hours a day, seven(7) days a week, and a case number is assigned to the call Based on the seventy of
the problem the TAC will assign either PI,P2,or P3.
P1 -Priority 1 is network down and engineering resources are dedicated to the problem until it is
resolved If conditions warrant, the TAC will dispatch engineering resources to the site
P2 -Priority 2 is network impaired but operational Engineering resources are assigned to the problem
and, if required,may ask local Cisco Systems Engineering resources to assist in resolving the problem
P3-Priority 3 generally indicates an intermittent network problem and is assigned technical resources
from the TAC which are generally not dedicated. An action plan developed between the TAC engineer
and the Purchaser is put in place in order to better identify the cause of the problem
In the case where a Cisco Systems engineer, or an authorized Cisco service provider,is on-site and the
problem is not resolved within two(2)hours, it is escalated to engineering levels, In most cases the Systems
Engineer on-site knows well before the two(2)hour limit whether or not additional resources are required
The following chart describes the sequence of escalation events according to the priority level of the
problem experienced and the duration of the problem and functional roles involved
Elapsed Priority 1 Priority 2 Priority 3
Time
1 Hour Customer
Engineering
Manager
4 Hours Technical Support Customer
Director Engineering
Manager
24 Vice President, Technical Support
Hours Customer Director
Advocacy
48 President(CEO) Vice President,
Hours Customer
Advocacy
72 Customer
Hours Engineering
Manager
96 President(CEO) Technical Support
Hours Director
State of Washington Intranet Routers
Department of Information Services Schedule D Q\Contract\K97MST012 AGT
Kent City Council Meeting
Date February_4, 2003
Category Consent Calendar
1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PROJECT,
INTERLOCAL AGREEMENT WITH HIGHLINE WATER
DISTRICT—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign an Interlocal Agreement with Highhne Water
District for the relocation of their facilities within the city's North Phase of Pacific
Highway South HOV Lane Improvement Project subject to the Public Works Director's
concurrence of the language and authorization to establish a budget for same.
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. 6D
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
0 Phone 253-856-5500
K E N T Fax 253-856-6500
W.S GTOM
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date: January 27, 2003
To: PubIIFWgrks Committee
From- Don Wckstrom, Public Works Director
Regarding: Pacific Highway South HOV Lanes Project
Interlocal Agreement with Highline Water District
The Public Works Department proposes to enter into an agreement with Highline Water District to
provide for relocation of various District facilities on the North Phase of Pacific Highway South by
the City at District cost. The work will be included within the City's 2003 Storm Drainage Protect
scheduled for construction later this spring The City executed a similar agreement last year and is
currently performing this work for the City's South Phase of Pacific Highway South.
. Plans for this stage of construction of the HOV Lanes Protect are being finalized for construction to
begin this April. The protect will involve only storm drainage work between Kent-Des Moines Rd
and S. 252ntl Street. The storm drain will be located based on the future street improvements to be
constructed next year. Various existing utilities are in conflict with the new storm drain location
Existing franchises require that the utility companies relocate their facilities to accommodate the
new street improvements
Highline Water District has numerous meters, vaults and fire hydrants to be relocated to provide for
the street widening Also a substantial amount of water main must be relocated to avoid the new
storm drain system. Similar to the 2002 Storm Drainage Protect, the District has requested that the
City include the relocation work in our contract for the storm drainage system. The District will
design and fund the relocation work and the City will administer the construction contract. A draft
agreement for this work is attached This agreement is similar to the agreement used for the 2002
protect. The exact extent of the relocation work is being determined and will be attached to this
agreement when completed
MOTION- Recommend authorizing the Mayor to sign an Interlocal Agreement with Highline Water
Distinct for the relocation of their facilities within the city's North Phase of the Pacific Highway HOV
Lane Improvement Protect subject to the Public Works Director's concurrence of the language
therein and to establish a budget for same.
AGREEMENT REGARDING THE
NORTH PHASE OF THE PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
BETWEEN THE CITY OF KENT AND HIGHLINE WATER DISTRICT
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032
(hereinafter called "CITY") and Highline Water District, located and doing business at 23828
301" Avenue South, Kent, Washington 98032 (hereinafter called "DISTRICT")
RECITALS
WHEREAS, the CITY is in process of designing a roadway improvement project,
commonly known as Pacific Highway South HOV Lanes Project — North Phase, which
commences generally from Kent-Des Moines Road and runs generally south terminating at
South 252"d Street in Kent, and
WHEREAS, the DISTRICT has a Franchise with the CITY to provide water service for
the vicinity of the project, and
WHEREAS, the DISTRICT's water facilities are required to be relocated in order to
accommodate the storm drainage system for the new roadway project, and
WHEREAS the DISTRICT is financially responsible for all costs associated with this
relocation work and is obligated to reimburse the CITY for such work, and
WHEREAS the DISTRICT in conformance with its franchise agreement with the CITY
must complete all water main relocation work; and
WHEREAS in order to meet the CITY's schedule for the road improvement project the
DISTRICT would be obligated to perform this work; and
WHEREAS the CITY and the DISTRICT desire to work together for the mutual and
overall benefit of the roadway project and the water facility relocation work.
Pale I of 7 01110 3
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS
AGREEMENT
Section 1. General The CITY, as agent acting for and on behalf of the DISTICT, agrees to
perform the work in constructing the Improvements for the DISTRICT, in accordance with and
as described in the Scope of Work marked Exhibit A and Plans and Specifications marked
Exhibit B attached hereto, which by this reference are made part of this AGREEMENT
Section 2. Construction Plans Plans, Specifications and cost estimates have been
prepared by the DISTRICT generally in accordance with the current State of Washington
Standard Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard
Specifications as applicable and adopted design standards The DISTRICT hereby approves
the Scope of Work and Plans for the described construction as shown on Exhibits A and B
Section 3. Construction The CITY is hereby designated the DISTRICT's construction
agent for the project The CITY will incorporate said Plans and Specifications into the CITY's
Project as a separate schedule (Schedule 8 ) and thereafter advertise the resulting project for
competitive bid Once the contract is awarded, the CITY will administer the contract. As
construction agent, the CITY will perform all engineering, survey and field inspections and shall
make all payment to the contracts The CITY will keep the DISTRICT advised as to the
progress of said protect The CITY, as construction agent, shall have final judgement, after
consulting with the DISTRICT, with regards to decisions related to the work of the Contractor.
Section 4. Authority to Construct The DISTRICT hereby authorizes the CITY to proceed
with construction in accordance with Exhibits A & B for the purpose intended by this
AGREEMENT, and as further described in Section 7
Page 2 of 7 01/10/03
Section 5. Inspection by District The DISTRICT shall furnish an inspector on the project.
Any costs for such inspection will be borne solely by the DISTRICT. All contact between said
inspector and the CITY's contractor shall be through the CITY's representatives
Section 6. Payment An itemized cost for work to be performed by the CITY for the
DISTRICT marked Exhibit C is attached hereto and, by this reference, is made part of this
AGREEMENT The DISTRICT, in consideration of the faithful performance of the work to be
done by the CITY, agrees to reimburse the CITY for the actual direct cost of all work specified
in Schedule B that is the financial responsibility of the DISTRICT and shall take all necessary
action to pledge, budget and allocate the same Payment shall be made by the DISTRICT to
the CITY within 30 days, upon the request of the CITY, to cover actual direct costs incurred by
the CITY Costs shall include the DISTRICT's portion of the Contractor's construction costs,
construction inspection and the CITY's administration cost Payments delayed beyond 30 days
shall include interest payments of 1 percent per month
Section 7. Extra Work In the event of unforeseen causes require an increase in the
DISTRICT's cost obligation of 25 percent or more from that included in Schedule B, this
AGREEMENT will be modified by supplement agreement covering said increase In the event it
is determined that any "substantial change" from the description of the work contained in the
AGREEMENT is required, written approval must be secured from the DISTRICT before the
beginning of such work. "Substantial change" is defined as any changes requiring an increase
in the DISTRICT's financial obligation (per Schedule B ) of greater than 25 percent The CITY
shall provide prior written notice for all changes to the DISTRICT's portion of the work
regardless of the financial obligation
Section 8. Emergency Repairs Prior to CITY acceptance of Contractor work, if there is a
need for emergency repair and the CITY's contractor is unable to perform such repair in a
Page 3 of 7 01/10/03
timely manner, the DISTRICT shall have permission to enter upon the CITY's right-of-way and
complete said emergency repair. Emergency repairs are defined as work performed by CITY or
DISTRICT forces to stabilize, remove immediate hazards or dangers by cutting and capping
water mains, and restoring immediate utility services to customers in the area. Upon completion
of any emergency repairs by the CITY or the DISTRICT, the CITY and the DISTRICT shall
cooperatively determine each party's financial responsibility
Section 9. Final Acceptance The CITY shall conduct a field review of each constructed facility
with representatives of the DISTRICT and shall further require all punchlist items to be correct
to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY The
DISTRICT agrees, upon satisfactory completion of the work involved as determined by the
DISTRICT, to deliver a letter of acceptance approving the CITY's design, management and
construction of the protect Acceptance shall not constitute acceptance of any unauthorized or
defective work or materials, nor be a waiver of any manufacturer's, supplier's or contractors'
warranties Final acceptance of the project shall be by the CITY after inspection by all agencies
involved
Section 10. Delivery of Completed Lines The CITY agrees, within 30 days from the date
of completion and final acceptance by the DISTRICT and the CITY of the Improvements, to
transfer ownership of Improvements to the DISTRICT by the appropriate documents The CITY
will forward to the DISTRICT any guarantee or warranty furnished as a normal trade practice in
connection with the purchase of any equipment, materials, or items used in the construction of
the protect The CITY shall submit as-built drawings in Autocad electronic format to the
DISTRICT upon completion of the protect for DISTRICT review and approval. Upon delivery by
the CITY to the DISTRICT and DISTRICT approval as described in this section, the DISTRICT
shall issue a release and waiver of all claims or demands of any nature, past or present
Pave 4 of 7 01/10/03
whether known or unknown, that result from the CITY's performance of the work contemplated
in this AGREEMENT. This release and waiver must be in a form acceptable to the Kent City
Attorney The CITY's Contractor shall warrant the workmanship and materials utilized in the
Improvements to be free of defects for a period of two (2) years from the date of transfer
Section 11. Legal Relations The CITY and the DISTRICT agree to defend, save, keep,
and hold harmless the other, its officers, agents, employees, and volunteers from any and all
damages, costs or expenses in law or equity that may any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of, or which may
be occasioned any willful or negligent act or omission of the municipal entity arising out of the
activities which are the subject of this AGREEMENT The construction specification shall
include the usual indemnification clause to protect the CITY and the DISTRICT
Section 12. Resolution of Disputes and Governing Law This AGREEMENT shall be
governed and construed in accordance with the taws of the State of Washington If the 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 In any claim or lawsuit for damages arising from the
parties' performance of this AGREEMENT, each party shall pay all of its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other
recovery or award provided by law.
Section 13. Written Notice All communications regarding this AGREEMENT shall be sent
to the parties at the addresses listed on the signature page of this AGREEMENT, unless
notified to the contrary Any written notice hereunder shall become effective upon the date of
Page 5 of 7 01/10/03
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this AGREEMENT or such other address as may be
hereafter specified in writing.
Section 14. Assignment Any assignment of this AGREEMENT by either party without the
written consent of the non-assigning party shall be void
Section 15. Modification No waiver, alteration, or modification of any of the provisions for
the AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the CITY and the DISTRICT
Section 16. Entire Agreement The written provisions and terms of this AGREEMENT,
together with any attached Exhibits, shall supercede all prior verbal statements of any officer or
other representative of either party, and such statements shall not be effective or be construed
as entering into or forming a part of or altering in any manner this AGREEMENT This
document, including all Exhibits, is the entire agreement between the parties Should any
language in any of the Exhibits to the AGREEMENT conflict with any language contained in this
AGREEMENT, the terms of this AGREEMENT shall prevail
Section 17. Effectivity This AGREEMENT shall be effective as to all parties on the last date
signed below
(SIGNATURES ON THE FOLLOWING PAGE)
Page 6 of 7 OI/10/03
IN WITNESS WHEREOF, this AGREEMENT and Conveyance is executed by the Parties by
their authorized officers indicated below
CITY OF KENT HIGHLINE WATER DISTRICT
BY BY
ITS ITS
DATE DATE
ATTEST: ATTEST:
CITY CLERK, CITY OF KENT
APPROVED AS TO FORM APPROVED AS TO FORM:
KENT CITY ATTORNEY
Pale 7 of 7 01/10/03
EXHIBIT A
SCOPE OF WORK
This portion of the project, Schedule B of the contract, consists of installing new water mains to
replace existing ductile iron pipe (DIP) water mains along portions of Pacific Highway South,
which commences generally from Kent-Des Moines Road and runs generally south terminating
at South 252nd ST in Kent, WA The work includes approximately lineal feet of 12-inch,
8-inch and 6-mch diameter DIP water main, gate valves, fire hydrants, (2) new fire vaults,
reinstall existing services, reconnect to existing system, asphalt patching and other related
appurtenances
i
EXHIBIT B
PLANS AND SPECIFICATIONS
r
i
EXHIBIT C
COST OF WORK
i
i
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
1. SUBJECT: LOCAL HAZARDOUS WASTE MANAGEMENT GRANT,
RECYCLING EVENTS IN MARCH & APRIL—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the Local Hazardous Waste Management Grant
agreement in the amount of$19,022 03 to fund two City of Kent Household Hazardous
Waste Collection and Recycling Events, and to direct staff to accept the grant and
establish a budget for the funds to be spent within that project.
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. 6E
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
4 Phone 253-856-5500
K E N T Fax 253-856-6500
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date January 27, 2003
To Public Works Committee
From Do ickstrom, Public Works Director
Regarding: Local Hazardous Waste Management Grant
Recycling Events in March and October
We are in receipt of a Seattle-King County Department of Health, Local Hazardous Waste
Management Program grant in the amount of$19,022 03 to fund two City of Kent
Household Hazardous Waste Collection and Recycling Events in March and October
2003. The events will be for the collection and recycling of used motor oil, oil filters,
petroleum based products, antifreeze, batteries and other such materials At this time we
are requesting authorization for the Mayor to sign the grant agreement.
MOTION-
Recommend authorization for the Mayor to sign the grant agreement in the amount of$19,022 03,
direct staff to accept the grant and establish a budget for the funds to be spent within said project
Lo al azapdous Waste Management Program in King County
10 December 2002
King County
Solid Waste
Division
King County
Water and Land
lesources Division
Suburban Cities Re: The Local Hazardous Waste Management Program's 2003 Contract
Association
Seattle Public
Utilities
Public Health. Dear City Recycling Coordinator,
Seattle 6 King
County
Participating Enclosed is the 2003 Local Hazardous Waste Management Program contract for your City's
Cities review and signature. We would like to bring to your attention the fact that this is a new
Algona contract consisting of three distinct parts.
Auburn
Beaux Arts
Village The first part is the standard contract that Seattle-King County Department of Public Health,
Bellevue uses when entering into contractual agreements with cities and other entities. The
Denm� remaining two sections,Exhibits I&II,are unique to the Local Hazardous Waste
Bothell Management Program Exhibit I describes the roles and responsibilities of the Program and
Berrie„ of the City. Exhibit II is the form we ask that you use when seeking reimbursement for
Carnation hazardous waste events,activities or programs
Wyde Hill
l
oimgton The language contained in the exhibits is new and reflects input from each of the Program's
Des Moines partners, including representatives from the suburban cities. In drafting this new contract,
Duvall
Enumclaw we attempted to strike a balance between the needs of the County,the cities,and the
Federal Way, Program
Hunts Point
Issaquah Although we do not anticipate making changes to the 2003 contract,we would like to
Kenmore ensure that we are responsive to your needs and therefore welcome your continents and
Kent suggestions for ways to improve this contract in 2004 and beyond.
Kirkland
Lake Forest
Park If you have any questions,comments or concerns please feel free to contact Paul Shallow,
Maple Malley the Programs Contract Administrator,or Ken Armstrong the Program Administrator.
Medina
Mercer you.
'Thank
Island �r
Newcastle
Normandy
Park
North Bend 1/ �---^—
Pacfc
Redmond �J`J
Renton Ken Armstrong aul Shallow
Sammamish LHWMP Administrator LHWMP Contract Administrator
Sea Tac 206-352-8163 206-296-4751
Seattle
Shoreline
Sk�komtsh
Snoqualmie
Tukwila
Woodinville Pnrned wdh soy based ink on recycled paper arts posiconssr r conleM
Yarrnu,Point
King County Contract No. D32779D
Federal Taxpayer ID No.
Department/Division Seattle-King County Department of Public Health
City City of Kent
Project Title Local Hazardous Waste Management Program
Contract Amount $ 19,022.03 Fund Code Local Hazardous Waste Fund
Contract Period From: January 1,2003 TO December 31,2003
KING COUNTY—SUBURBAN CITY CONTRACT—LOCAL HAZARDOUS WASTE—2003
THIS CONTRACT is entered into by KING COUNTY(the"County'),and the City of Kent,whose address is
220 4`h Avenue South,Kent,Washington 98032(the"City")
WHEREAS, the County has been advised that the following are the current funding sources, funding levels and
effective dates:
FUNDING SOURCE FUNDING LEVEL EFFECTIVE DATES
Local Hazardous Waste Fund $19,022.03 111103— 12131/03
and
WHEREAS,the County desires to have certain services performed by the City as described in this Contract, and as
authorized by Ordinance No. 14517.
NOW THEREFORE,in consideration of payments,covenants,and agreements hereinafter mentioned,to be made
and performed by the parties hereto,the parties covenant and do mutually agree as follows:
I. SCOPE OF SERVICES
The City shall provide services and comply with the requirements set forth hereinafter and in the following
attached exhibits,which are incorporated herein by reference: j
® Scope of Work and Responsibilities Attached hereto as Exhibit I
Budeet/Invmce Attached hereto as Exhibit II
® Certificate of Insurance Attached hereto as Exhibit III
II. DURATION OF CONTRACT
This Contract shall commence on the 1st day of January 2003 and shall terminate on the 31st day of
December 2003,unless extended or terminated earlier,pursuant to the terms and conditions of the
Contract.
I D32779D City of Kent
Local Hazardous Waste Management Program
III. COMPENSATION AND METHOD OF PAYDIENT
A. The County shall reimburse the City for satisfactory completion of the services and requirements
specified in this Contract,payable in the following manner.
Upon receipt of the invoice as set forth in Exhibit II,which complies with the budget set forth
therein,for services completed in compliance with Exhibit I,Scope of Work.
B. The City shall submit an invoice and all accompanying reports as specified in the attached exhibits
not more than 30 days after the close of each indicated reporting period. The County will initiate
authorization for payment after approval of corrected invoices and reports. The County shall make
payment to the City not more than forty-five(45) days after the appropriate invoice is received.
C. The City shall submit its final invoice and all outstanding reports within 30 days of the date this
Contract terminates. If the City's final invoice and reports are not submitted by the day specified in
this subsection, the County will be relieved of all liability for payment to the City of the amounts set
forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
When a budget is attached hereto as an exhibit,the City shall apply the funds received from the County
under this Contract in accordance with said budget. The Contract may contain separate budgets for
separate program components.
The City shall request prior approval from the County for amendment to this Contract when the cumulative
amount of transfers among the line items within each funding source's program budget is expected,by the
end of the Contract period,to exceed 10%of the Contract amount for that program budget
"Cumulative transfers"shall be defined as the total amount of over-expenditures of individual line items
within a specific program budget; the total amount for said specific program budget remaining unchanged.
Supporting documents necessary to explain fully the nature and purpose of the amendment must
accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The City shall establish and maintain a system of accounting and internal controls which complies with
applicable,generally accepted accounting principles,and governmental accounting and financial reporting
standards.
VI. MAINTENANCE OF RECORDS
A. The City shall maintain accounts and records,including personnel,property, financial,and
programmatic records and other such records as may be deemed necessary by the County to ensure
proper accounting for all Contract funds and compliance with this Contract.
B. These records shall be maintained for a period of six(6)years after termination hereof unless
permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code
of Washington(RCW)Chapter 40.14.
C. The City shall inform the County in writing of the location,if different from the City address listed on
page one of this Contract,of the aforesaid books,records,documents, and other evidence and shall
2 D32779D.City of Kent
Local Hazardous Waste Management Program
notify the County in writing of any changes in location within ten(10)working days of any such
relocation
VII. EVALUATIONS AND INSPECTIONS
A The City shall provide right of access to its facilities, including those of any subcontractor to the
County,the state, and/or federal agencies or officials at all reasonable times in order to monitor and
evaluate the services provided under this Contract. The County will give advance notice to the City in
the case of fiscal audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall be subject at all
times to inspection,review,or audit by the County and/or federal/state officials so authorized by law
during the performance of this Contract and six(6)years after termination hereof,unless a longer
retention period is required by law.
C. The City agrees to cooperate with the County or its agent in the evaluation of the City's performance
under this Contract and to make available all information reasonably required by any such evaluation
process. 7be results and records of said evaluations shall be maintained and disclosed in accordance
with RCW Chapter 42 17
VM. CORRECTIVE ACTION
If the County determines that a breach of Contract has occurred, that is,the City has failed to comply with
any terms or conditions of this Contract or the City has failed to provide in any manner the work or
services agreed to herein, and if the County deems said breach to warrant corrective action,the following
sequential procedure will apply:
A. The County will notify the City in writing of the nature of the breach;
B. The City shall respond in writing within ten(10)working days of its receipt of such notification,
which response shall indicate the steps being taken to correct the specified deficiencies The
corrective action plan shall specify the proposed completion date for bringing the Contract into
compliance,which date shall not be more than ten(10)working days from the date of the City's
response,unless the County,at its sole discretion, specifies in writing an extension in the number of
days to complete the corrective actions,
C. The County will notify the City in wntmg of the County's determination as to the sufficiency of the
City's corrective action plan. The determination of sufficiency of the City's corrective action plan
shall be at the sole discretion of the County;
D In the event that the City does not respond within the appropriate time with a corrective action plan,
or the City's corrective action plan is determined by the County to be insufficient,the County may
commence termination of this Contract in whole or in part pursuant to Section X B,
E. In addition,the County may withhold any payment owed the City or prohibit the City from incurring
additional obligations of funds until the County is satisfied that corrective action has been taken or
completed; and
R Nothing herein shall be deemed to affect or waive any nghts the parties may have pursuant to Section
X, Subsections A,B,C,D,and E.
I
3 D32779D City of Kent
Local Hazardous Waste Management Program
IX. ASSIGNMENT/SUBCONTRACTING
A. The City shall not assign or subcontract any portion of this Contract or transfer or assign any claim
arising pursuant to this Contract without the written consent of the County. Said consent must be
sought in writing by the City not less than fifteen(15) days prior to the date of any proposed
assignment.
B. "Subcontract'shall mean any agreement between the City and a subcontractor or between
subcontractors that is based on this Contract provide that the term"subcontract'does not include
the purchase of(1)support services not related to the subject matter of this Contract,or(2)supplies.
X: TERMINATION
A. This Contract may be terminated by the County without cause,in whole or in part,prior to the date
specified in Section II,by providing the City thirty(30)days advance written notice of the
termination.
B. The County may terminate this Contract,in whole or in part,upon seven(7)days advance written
notice in the event: (1)the City materially breaches any duty,obligation, or service required pursuant
to this Contract,or(2)the duties, obligations,or services required herein become impossible, illegal,
or not feasible.
If the Contract is terminated by the County pursuant to this Subsection X.B.(1).,the City shall be
liable for damages, including any additional costs of procurement of similar services from another
source
If the termination results from acts or omissions of the City, including but not limited to
misappropriation,nonperformance of required services, or fiscal mismanagement,the City shall
return to the County immediately any funds,misappropriated or unexpended,which have been paid to
the City by the County.
C. If expected or actual funding is withdrawn, reduced,or limited in any way prior to the termination
date set forth above in Section II,the County may,upon written notification to the City,terminate this
Contract in whole or in part.
If the Contract is terminated as provided in this Subsection (1)the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective date
of termination; and(2)the City shall be released from any obligation to provide such further services
pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year are conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved,this Contract will terminate at the close of the
current appropriation year.
D. The City may terminate this Contract upon seven(7)days written notice,should the County commit
any material breach of this Contract.
E. Nothing herein shall limit,waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations,terms,and conditions set forth in this
Contract are breached by the other party.
XI. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no obligation
for future support of the activity contracted herein except as expressly set forth in this Contract.
4 D32779D City of Kent
Local Hazardous Waste Management Program
XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the City is an independent Contractor, and neither it nor its
officers, agents, or employees are employees of the County for any purpose. The City shall be
responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may
result from the performance of and compensation for these services and shall make no claim of career
service or civil service rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation,wages,benefits,or taxes
by, or on behalf of the City, its employees, and/or others by reason of this Contract. The City shall
protect, indemnify, and save harmless the County,their officers,agents, and employees from and
against any and all claims, costs,and/or losses whatsoever occurring or resulting from(1)the City's
failure to pay any such compensation,wages,benefits, or taxes, and/or(2)the supplying to the City of
work, services,materials,or supplies by City employees or other suppliers in connection with or
support of the performance of this Contract.
B. The City further agrees that it is financially responsible for and will repay the County all indicated
amounts following an audit exception wluch occurs due to the negligence,intentional act,and/or
failure, for any reason,to comply with the terms of this Contract by the City,its officers,employees,
agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished
by the prior termination of the Contract pursuant to the Duration of Contract or the Termination
section.
C. The City shall protect, defend,indemmfy, and save harmless the County, its officers,employees,and
agents from any and all costs, claims,judgments,and/or awards of damages,ansing out of,or in any
way resulting from, the negligent acts or omissions of the City,its officers, employees,and/or agents
in the performance of their obligations under this contract. The City agrees that its obligations under
this subparagraph extend to any claim, demand, and/or cause of action brought by,or on behalf of,
any of its employees or agents For this purpose,the City,by mutual negotiation,hereby waives,as
respects the County only, any immumy that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs anY3udgment,
award, and/or cost ansing therefrom including attorneys' fees to enforce the provisions of this article,
all such fees,expenses,and costs shall be recoverable from the City.
The County shall protect,defend,mdemmfy,and save harmless the City, its officers, employees, and
agents from any and all costs,claims,judgments, and/or awards of damages,ansing out of,or in any
way resulting from,the negligent acts or omissions of the County,its officers, employees,or agents in
the performance of their obligations under this contract in the performance of their obligations under
this contract. The County agrees that its obligations under this subparagraph extend to any claim,
demand,and/or cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose,the County,by mutual negotiation,hereby waives,as respects the City only,any immunity
that would otherwise be available against such claims under the Industrial Insurance provisions of
Title 51 RCW. In the event the City incurs any judgment,award,and/or cost ansing therefrom
including attorneys' fees to enforce the provisions of this article,all such fees,expenses,and costs
shall be recoverable from the County.
Claims shall include, but not be Iimited to,assertions that use or transfer of software,book,document,
report, film,tape, or sound reproduction or material of any kind,delivered hereunder,constitutes an
infringement of any copyright,patent,trademark,trade name,and/or otherwise results in unfair trade
practice.
Nothing contained within this provision shall affect and/or alter the application of any other provision
contained within this agreement.
5 D32779D City of Kent
Local Hazardous Waste Management Program
XIII. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract,the City shall procure and maintain for the duration of this
Contract,insurance against claims for injuries to persons or damages to property which may anse •
from,or in connection with,the performance of work hereunder by the City, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the
City or subcontractor. The City may fumish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance requirements of
this Contract. For All Coverages: Each insurance policy shall be written on an"occurrence"form,
except that insurance on a"claims made"form may be acceptable with prior County approval.
If coverage is approved and purchased on a"claims made"basis,the City warrants continuation of
coverage,either through policy renewals or the purchase of an extended discovery period, if such
extended coverage is available,for not less than three years from the date of Contract termination,
and/or conversion from a"claims made"form to an"occurrence"coverage form.
By requiring such mmimum insurance,the County shall not be deemed or construed to have assessed
the risks that may be applicable to the City under this Contract. The City shall assess its own risks
and, if it deems appropriate and/or prudent,maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application
and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent
provided by the terms and conditions of the policy(s). Nothing contained within this provision shall
affect and/or alter the application of any other provision contained within this Agreement.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I General Liability:
Insurance Services Office form number(CG 00 01 Ed. 11-88)covering COMMERCIAL
GENERAL LIABILEM
2 Professional Liability:
Professional Liability,Errors,and Omissions coverage In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability,Errors,and Omissions coverage shall be provided. "Professional Services",
for the purpose of this Contract section, shall mean any services provided by a licensed
professional.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract involve the transportation of clients
by City personnel in City-owned vehicles or non-owned vehicles,the City shall provide evidence
of the appropriate automobile coverage.
Insurance Services Office form number(CA 00 01 Ed. 12-90)covering BUSINESS AUTO
COVERAGE. symbol 1 "any auto;"or the appropriate coverage provided by symbols 2, 7, 8, or 9.
4. Workers'Compensation:
Workers'Compensation coverage,as required by the Industrial Insurance Act of the State of
Washington,as well as any similar coverage required for this work by applicable federal or"Other
States"state law.
40
6 D32779D City of Kent
Local Hazardous Waste Management Program
C. Minimum Limits of Insurance
The City shall maintain limits no less than, for
1. General Liability: S 1 Milhon combined single limit per occurrence by bodily injury,personal
injury,and property damage, and for those policies with aggregate limits, a 2 Million
aggregate limit
2. Professional Liability,Errors,and Omissions 1 Million
3. Automobile Liability: 1 Million combined single limit per accident for bodily injury and
property damage.
4. Workers' Compensation: Statutory requirements of the state of residency.
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,the County The
deductible and/or self-insured retention of the policies shall not apply to the City's liability to the
County and shall be the sole responsibility of the City.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain,or be endorsed to contain,the
following provisions:
1. General Liability Policies
a. The County, its officers, officials, employees, and agents are to be covered as additional
insureds as respects liability arising out of activities performed by or on behalf of the City in
connection with this Contract
b To the extent of the City's negligence, the City's insurance coverage shall be primary
insurance as respects the County, its officers, officials,employees, and agents. Any
insurance and/or self-insurance maintained by the County, its officers,officials,employees,
or agents shall not contribute with the City's insurance or benefit the City in any way
c. The City's insurance shall apply separately to each insured against whom claim is made
and/or Iawsuit is brought,except with respect to the limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended,voided,canceled, reduced in coverage or in limits,except by the
reduction of the applicable aggregate lunit by claims paid,until after forty-five(45)days prior
written notice has been given to the County
P. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'rating
of no less than AN III,or, if not rated with Bests, with minimum surpluses the equivalent of Bests'
surplus size VIIL Professional Liability, Errors,and Omissions insurance may be placed with insurers
with a Bests'rating of B+VII. Any exception must be approved by King County
7 D32779D City of Kent
Local Hazardous Waste Management Program
If, at any time,the foregoing policies shall be or become unsatisfactory to the County,as to form or
substance, or if a company issuing any such policy shall be or become unsatisfactory to the County,
the City shall,upon notice to that effect from the County,promptly obtain a new policy,and shall
submit the same to the County,with appropriate certificates and endorsements, for approval.
G. Verification of Coverage
The City shall famish the County with certificates of insurance and endorsements required by this
Contract The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each
insurance policy are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,certified copies of all
required insurance policies at any time.
H. Subcontractors
The City shall include all subcontractors as insureds under its policies or shall furnish separate
certificates of insurance and policy endorsements from each subcontractor. Insurance coverages
provided by subcontractors as evidence of compliance with the insurance requirements of this
Contract shall be subject to all of the requirements stated herein.
I. Municipal Provisions
If the City, as a Municipal Corporation of the State of Washington, is self-insured for any of the above
insurance requirements,a certification of self-insurance shall be attached hereto and be incorporated
by reference and shall constitute compliance with this section.
XIV. NONDISCRIMINATION
The City shall comply with all applicable federal, state and local laws regarding discrimination.
XV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. In accordance with the provisions of Washington Initiative 200,no County Minority and Women
Business(M/WBE)utilization requirements shall apply to this Contract. No minimum level of
M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no
preference will be given by the County to a bidder or proposer for their M1WBE utilization or
M/WBE status. The completion of County M/WBE forms which may be included in the contract
documents is not required. Provided,however, that any affirmative action requirements set forth in
any federal regulations or statutes included or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract,the City shall not create barriers to open and fair opportunities
for M/WBEs to participate in all County contracts and to obtain or compete for contracts and
subcontracts as sources of supplies,equipment, construction and services. In considering offers
from and doing business with subcontractors and suppliers, the City shall not discriminate against
any person on the basis of race,color,creed,religion,sex, age,nationality,marital status,sexual
orientation or the presence of any disability in an otherwise qualified disabled person.
C. The City shall maintain,until at least 12 months after completion of all work under this contract,
records and information necessary to document its level of utilization of M/WBEs and other
businesses as subcontractors and suppliers in this contract and in its overall public and private
8 D32779D.City of Kent
Local Hazardous Waste Management Program
business activities. The City shall also maintain,until 12 months after completion of all work
under this contract, all written quotes,bids, estimates or proposals submitted to the Contractor by
all businesses seeking to participate in this Contract. The City shall make such documents
available to the County for inspection and copying upon request. If this contract involves federal
funds,City shall comply with all record keeping requirements set forth in any federal rulers
regulations or statutes included or referenced in the contract documents
D. King County encourages the utilization of minority owned businesses("MBEs")and women-
owned businesses("WBEe)(collectively,"M/WBEe)in County contracts The County
encourages the following practices to open competitive opportunities for M/WBEs:
• Attending a pre-bid or pre-solicitation conference, if scheduled by the County,to provide
project information and to inform M/WBEs of contracting and subcontracting
opportunities.
• Placing all qualified small businesses attempting to do business in King County,mcluding
M/WBEs,on solicitation lists,and providing written notice of subcontracting
opportunities to M/WBEs and all other small businesses capable of performing the work,
including without limitation all businesses on any list provided by the County,in sufficient
time to allow such businesses to respond to the written solicitations
• Breaking down total requirements into smaller tasks or quantities,where economically
feasible, in order to permit maximum participation by small businesses including
M/WBEs.
• Establishing delivery schedules,where the requirements of this contract permit,that
encourage participation by small businesses, including M/WBEs.
• Providing M/WBEs that express interest with adequate and timely information about
plans,specifications, and requirements of the contract
• Utilizing the services of available minority community organizations,minority contractor
groups, local minority assistance offices, the County, and other organizations that provide
assistance in the recruitment and placement of M/WBEs
E Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of contract for which the City may be subject to damages and sanctions provided for by
contract and by applicable law.
XVI. CONFLICT OF INTEREST
A. The City covenants that no officer, employee,or agent of the County who exercises any functions or
responsibilities in connection with the planning and implementation of the program funded herein, or
any other person who presently exercises any functions or responsibilities in connection with the
planning and implementation of the program funded herein shalt have any personal financial interest,
direct or indirect,in this Contract The City shall take appropriate steps to assure compliance with
this provision.
B. If the City violates the provisions of Subsection XIX A.,the County will not be liable for payment of
services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial
breach of this Contract and grounds for termination pursuant to Section X above,as well as any other
right or remedy provided in this Contract or law.
9 1)32779D.City of Kent
Local Hazardous Waste Management Program
XVII. POLITICAL ACTIVITY PROHIBITED
None of the funds,materials,property,or services provided directly or indirectly under this Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XVHI. NOTICES
Whenever this Contract provides for notice to be provided by one party to another,such notice shall be:
A. In writing;and
B. Directed to the chief executive officer of the City and the director/manager of the County
department/division specified on page 1 of this Contract.
Any time within which a party must take some action shall be computed from the date that the notice is
received by said parry.
XIX. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copynghtable material or article
should result from the work described herein,all rights accruing from such material or article shall be the
sole property of the City. The City agrees to and does hereby grant to the County,irrevocable,
nonexclusive,and royalty-free license to use,according to law,any material or article and use any method
that may be developed as part of the work under this Contract. The foregoing license shall not apply to
existing training materials,consulting aids, checklists, and other materials and documents of the City
which are modified for use in the performance of this Contract
XX. CONTRACT AMENDMENTS
Either party may request changes to tins Contract. Proposed changes which are mutually agreed upon shall
be incorporated by written amendments to this Contract.
XXI. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The City shall use recycled paper for the production of all printed and photocopied documents related to
the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document
printed on recycled paper bears an imprint identifying it as recycled paper.
If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper,the City may
notify the Contract Administrator, who may waive the recycled paper requirement.
The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable
products wherever practical in the fulfillment of this Contract.
XXH. ENTIRE CONTRACTIWAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herem are excluded. Both parties recognize that time is
of the essence in the performance of the provisions of this Contract Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver of beach of any provision of the Contract shall
not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
10 D32779D City of Kent
Local Hazardous Waste Management Program
modification of the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
OXXIII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The City and any subcontractor agree,when applicable,to abide by the terms of Chapters 26.44,69 54,
70 02, 70 96A,7105, 7 1 A 10,7 1 A 14,71A.18,7120, 71.24,and 7134 of the Revised Code of
Washington,rules and regulations promulgated thereunder, the Basic InterCity Contract between the
Department of Social and Health Services and King County, as amended, and regulations of the state and
federal governments, as applicable,which control disposition of funds granted under this Contract,all of
which are incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract,the language in the Contract shall have control over the language contained in the exhibit or
the attachment,unless the parties affirmatively agree in writing to the contrary.
KING COUNTY: CITY:
FOR
King County Executive Signature
Date Name(Please type or print)
Date
Approved as to Form.
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
September 20,2002
11 D32779D•City of Kent
Local Hazardous Waste Management Program
Contract#D327790
EXHIBIT I—Scope of Work& Responsibilities
CITY OF KENT
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2003 ACTIVITIES
The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997,was
adopted by the partner agencies(King County Solid Waste Division, Seattle Public Utilities,King County
Water and Land Resources Division and the Seattle-King County Department of Public Health)and cities
located in King County. The Washington State Department of Ecology in accordance with RCW 70.105,220
subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous
Waste Management Program(hereafter referred to as the"Program").
The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City
activities performed under the auspices of the Plan and as approved by the Program's Management
Coordination Committee(hereinafter referred to as the"MCC"). This Agreement further defines the
responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of
Program monies.
Scone of Work
The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events. At
these events the following materials will be collected and recycled-motor oil,motor oil filters, petroleum based
products,antifreeze,tires, batteries and other materials if determined to be cost effective
Responsibilities of the Parties
The responsibilities of the parties to this Contract shall be as follows:
A. The City
1, The City shall develop and submit project proposals and budget requests to the Program's Contract
Administrator. Funds provided to the City by the Local Hazardous Waste Management Program
pursuant to this Contract shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
2. For reimbursement the City shall submit the following to the Contract Administrator-
a) An invoice(see Exhibit II). Invoices should be sent to the Contract Administrator for
approval and payment
b) A brief description of activity accomplished and funds expended in accordance with the
scope of work
I
c) Copies of invoices for expenditures or a financial statement prepared by the City's finance
department. The financial statements should include vendor names, a description of
services provided,date paid and a check or warrant number.
3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of
outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county,state and/or federal reporting
requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to
Contract# D32/19L)
the Contract Administrator the quantity,by type,of moderate risk waste collected using Program funds.
The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste
Manifest or similar form,associated with the transport of moderate risk waste collected through Program-
funded events.
5. The City is solely responsible for any and all spills,leaks or other emergencies arising at the facilities
associated with the City's events or in any other way associated with activities conducted within the scope
of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all
applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—
with Program funds. The intent of this provision is to further strengthen this regional partnership in the
public's mind.
7. The City agrees to provide the Program with copies of all media material produced for local hazardous
waste management events or activities that have been funded by the Program. The City also agrees to
allow the Program to reproduce media materials created with Program money provided that the Program
credits the City as the originator of that material
8. This project shall be administered by Robyn Bartelt at the City of Kent,220 A Ave. S,Kent,at(253)856-
5549, (rbartelt@ci kent wa us)or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the
Contract Administrator should be referred to the LHWMP Program Administrator for resolution.
B. Seattle-King County Department of Public Health
1. Seattle-King County Department of Public Health shall administer,via the attached Contract,the
transfer of Program funds to the City for hazardous waste management events and activities
2. Within forty-five(45)days of receiving a request for reimbursement from the City,the Contract
Administrator shall either notify the City of any exceptions to the request which have been identified or
shall process the request for payment. If any exceptions to the request are made,this shall be done by
written notification to the City providing the reason for such exception The Contract Administrator
will not authorize payment for activities and/or expenditures that are not included in the scope of work,
unless the scope has been amended The Contract Administrator retains the right to withhold all or
partial payment if the City's invoices are incomplete(e g they do not include proper documentation of
expenditures for which reimbursement is being requested)or are not consistent with the submitted
scope of work.
C. Program Contacts
Ken Armstrong Paul Shallow
LHWMP Program Administrator LHWMP Contract Administrator
150 Nickerson Street, Suite 100 999 Third Avenue, Suite 700
Seattle, WA 98109 Seattle,WA 98104
206-352-8163 206-296-4751
ken.armstrong@metrokc.gov paul.shallow@metrokc gov,
Contract#D32779D
EXHIBIT II
Budget/Invoice
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From- The City of Kent
220 A Ave. S
Kent, WA 98032-5895
To: Paul Shallow,LHWMP Contract Administrator
Seattle-King County Department of Public Health
999 3rd Avenue, Suite 700
Seattle,WA 98104
Contract#D32779D
Period of time. 12003 to 12003.
In performance of a signed Contract between King County and the City of Kent,I hereby certify that the
following expenses were incurred during the above-mentioned period of time.
Signature Date
Component Budget Current Expenses Previous Charges Balance
Description
HHW Education
HHW Collection $19,022 03
Other(describe)
TOTAL $19,022 03
FOR HEALTH DEPARTMENT USE ONLY
Local Hazardous Waste Management Program Approval.
Paul Shallow Date
•
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
1 SUBJECT: STREET VACATION, SOUTH 266TH STREET— SET HEARING
DATE—RESOLUTION
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
passage of Resolution No. setting a public hearing for March 18, 2003, for a
Street and/or Alley Vacation Application and Petition filed by Mark Holland of Pacific
Land Consulting, Inc., to vacate a portion of S. 266th Street, lying between 128th
Avenue SE and 132nd Avenue SE. Planning Services processed this petition and the
Public Works Department approved the petition for vacation with conditions.
3. EXHIBITS: Resolution, application,licatiion legal description s tion and ma g P P
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
KENT Fax 253-856-6500
WASHINGTON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date January 27, 2003
To Publics Works Committee
From Don tlVickstrom, Public Works Director
Regarding Street Vacation — Southeast 266ih Street
We have received a valid petition to vacate a portion of Southeast 266ih Street This street
vacation had prior approval by Council on June 18, 2002, see attached minutes Due to
the complex issues involved after review the City Attorney felt it was best to deal with the
issues and begin the process again In accordance with state law, a public hearing must
beheld The Public Works Department recommends adoption of a resolution setting the
public hearing date
MOTION-
Recommend Council adoption of a resolution setting a public hearing date of March 18, 2003 for
the street vacation located along Southeast 266`h Street
Kent City Council Minutes June 18, 2002
STREET VACATION
Anderson explained for Peterson that it might be possible
that one single family residence could be built on the
site , and if not , crop and tree farming could be done.
The motion to deny the application then carried with
White opposed.
(PUBLIC HEARINGS - ITEM 5B) (CFN-102)
SE 266th Street Vacation (STV-2002-2/KIVA #2020816) .
Resolution No . 1619 established this date for a public
hearing on the application by Mark Holland of Pacific
Land Consulting, Inc. , to vacate a portion of SE 266th
Street between 128th and 132nd Avenue SE . Charlene
Anderson, Planning Manager, showed the location and noted
that the purpose of the street vacation is to facilitate
development of a proposed subdivision called Highland
Park . She noted that staff recommends approval of the
street vacation with conditions as shown in the staff
report . Upon questions from Council members, it was
noted that there would be a pedestrian access all the way
from 128th to 132nd.
The Mayor opened the public hearing. Mark Holland, 13619
Mukilteo Speedway, Lynnwood, requested that Condition
No. 1 be tied to the approval of the engineered drawings
and that any compensation or trading referenced in the
condition be done at that time . Wickstrom explained that
Mr. Holland does not necessarily want to buy additional
property if his plat is not approved. Brubaker noted
that typical procedure has been to impose conditions and
when they've been met , the cost is paid and an ordinance
is brought to Council finalizing and executing the street
vacation and the property changes hands at that time
Holland noted that he is working with the Parks
Department to swap some of the land, and that the legal
description won' t be known until the engineering drawings
are complete .
George Webb, 26524 128th Avenue SE, asked whether the
portion of the right of way ad3acent to his property
would revert back to him if the vacation went through
He was told that 30 ' would remain public right of way and
that he could file a petition to vacate that portion of
the street adjoining his property
3
. �
DEPAR?MENT OF PUBLIC WORKS
Date,
TO: City Cleric
FROM: Jerry McCaughan
RE Street Vacation S` Z 4 ! S'Z
Regarding subject matter, please be advised that I have reviewed same and found
everything in order Therefore I am filing the original application with you and at the
same time, by copy of this memo to the Public Works Director, the process should
begin.
cc. r Don Wickstrom
Planning Manager
Attachment Maps
•
n vaWc
RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, regarding the vacation of the portion of SE
266th Street right-of-way between 128th Avenue SE and
132nd Avenue SE, lying within the northeast quarter of
the southeast quarter of Section 28, Township 22 North,
Range 5 East, W M. in King County, and setting the
public hearing on the proposed street vacation for March
18, 2003
WHEREAS, a petition, attached as Exhibit A, has been filed by Mark
Holland of Pacific Land Consulting, Inc to vacate the portion of Southeast 266th Street
right-of-way between 128th Avenue Southeast and 132nd Avenue Southeast, lying
generally in the northeast quarter of the southeast quarter of Section 28, Township 22
North, Range 5 East, W M in King County, Washington, and
WHEREAS, the petition is signed by the owners of at least two-thirds of
the real property abutting that portion of the Southeast 266th Street nght-of-way to be
vacated, and
WHEREAS, this matter came before the City Council for public hearing
on June 18, 2002, pursuant to Resolution No 1619, and at that time conditions were
imposed, and
WHEREAS, the initial petition has expired, but has been resubmitted, as
seen in Exhibit A, and is in all respects proper, NOW, THEREFORE,
• 1 Street Vacation —
SE 266th St. Right-of-Way
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS-
SECTION 1. A public hearing on the street vacation petition requesting
the vacation of a portion of the Southeast 266th Street right-of-way shall be held at a
regular meeting of the Kent City Council at 7.00 p m , Tuesday, March 18, 2003, in the
Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington,
98032
SECTION 2. The City Clerk shall give proper notice of the hearing and
cause the notice to be posted as provided by state law, Chapter 35.79 RCW
SECTION 3. The Planning Manager shall obtain any other necessary
information from appropriate departments and shall transmit the information to the
Council so that the Council may consider the matter at its regularly scheduled meeting on •
March 18, 2003.
PASSED at a regular meeting of the City Council of the City of Kent, Wasington
this day of February, 2003.
CONCURRED in by the Mayor of the City of Kent, this day of May,
2003.
JIM WHITE, MAYOR
ATTEST.
BRENDA JACOBER, CITY CLERK
2 Street Vacation —
SE 266th St. Right-of-Way
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, on the
day of February, 2003
(SEAL)
BRENDA JACOBER, CITY CLERK
re.nwmm.arv.c mrow.ow ea
3 Street Vacation—
SE 266th St. Right-of-Way
RECEIVED
JAN 1 6 2003
CITY OF KENT
KEN\\
T
.// • PROPERTY MANAGEMENT
w•awi+a,o+
Mayor Jim White KIVAR
MAIL TO APPLICANT &C
CITY OF KENT NAME- hNP,2K a 11A�cS
Property Management
220S 4"Avenue ADDRESS-
Kent,Washington 98032
Attn Jerry McCaughan Lll (-7— C1.8c3�-
PHONE. �S 3 �g L(3 r
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council /
Wc,the undersigned abutting property owners,hereby respectfully request that certain 6�
hereby be vacated
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
x fe aaz;,6f
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A"CURRENT"'title report must be submitted with this application
that covers all the abutting properties contiguous to alley or street
sought to be vacated When Corporations, Partnerships, etc are
being signed for, and then proof of indmdual's authority to sign
for same shall also be submitted
Attach a color-coded map of a scale of not less than I"=200'of the area sought for vacation
(NOTE) Map must correspond with legal description
ABUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN RG
2a°� �318'�2-OS Rpyab -t; g "S� c1a33-b
.afcc --
l{CIke1(
$150 00 Fee Paid Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No
Land Value Paid Treasurer's Receipt No
Deed Accepted Date
Tradc Accepted Date
$V'mrcrty Fianmrcnamt\V:anon \nr ax
EXHIBIT "A"
KENT
WA/NIYGTOM
Mayor Jim White KIVA#:
MAIL TO: APPLI(2NN'T-;f,C
CITY OFKENT NAhIE: t1S\ro.4L\<. !-fie 1\Pr,a
Property Management vwl
220 S.0 Avenue _ ADDRESS:�36�� ���� �fe0—d1 r
Kent, Washington 98032
Attn• Jerry McCaughan
PHONE LP-S-) 31 SR't 3 T—
STREET ANDIOR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council: /
We, the undersigned abutting property owners, hereby respectfully request that certain
hereby he vacated.
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
4- �, Q /w- � 7, !
BRIEF STATEMENT WAY VACATION 1S BEING SOUGHT
A"CURRENT°'title report must be submitted with this application
that covers ail the abutting properties contiguous to alley or street
sought to be vacated. When Corporations, Partnerships, etc. are
being signed for, and then proof of individual's authonty to sign
for same shall also be submitted.
Attach a color-coded map of a scale of not less than I"=200' of the area sougtt for vacation
(NOTE) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TO WN.RG
�.8`a2os g oa -W _
S 150.00 Fee Paid Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No _
Land Value Paid Treasurer's Receipt No
Deed Accepted Date _
•
KENT
W w3 wiw Grow
Mayor Jim white
KIVA#:
MAIL TO: APPLICA,N C;f'C L. (1 (�Q
CITY OFKENT NAME: � C6\eAA<- �Ap k18^&
Property Management M 1e
220 S 0 Avenue ADDRESS: tfp-°
Kent, Washington 98032
Attn: Jerry McCaughan U nnWi L �U1e. �803�-
PHONE. 3 S'g L( 3 S`-
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council:
We, the undersigned abutting property owners,hereby respectfully request that certain
hereby be vacated
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total/Square
/Feet of Area
/Sought To Be Vacated)
/`2r
BRIEF STATEMENT WHY VACATION IS BEING SOUGIiT
A "CURRENT' title report must be submitted with this application
that covers all the abutting properties contiguous to alley or street
sought to be vacated. When Corporations, Partnerships, etc. are
being signed for, and then proof of individual's authority to sign
for some shall also be submitted.
Attach a color-coded map of a scale of not less than I"=200' of the area sought for vacation.
(NOTE) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT#
SIGNATURFS AND ADDRESSES LOT, BLOCK&PLAT/SEC TO WN.RG
a$ Coo U
;) $ '.aoS 90 �LS-O �\
S 150 00 Fee Paid Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No
KENT
WASHINGTON
Mayor Jim White KIVA#:
MAIL TO: APPLIC n
;f'c
CITY OF KENT NAME: t6\p•2K the k,A r%&
Property Management
220 S.4h Avenue ADDRESS:
Kent,Washington 98032
Attn: Jerry McCaughan LU hT r wbiba
PHONE. LP- 31 S'8 t{3 S`
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council: e
We, the undersigned abutting property owners,hereby respectfully request that certain
hereby be vacated.
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
,PEF�R ro A
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A'QM$EE7 title report must be submitted with this application
that covers all the abutting properties contiguous to alley or street
sought to be vacated. When Corporations, Partnerships, etc. are
being signed for, and then proof of individual's authority to sign
for same shall also be submitted.
Attach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation.
(NOTE) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN.RG.
udd
$150.00 Fee Paid Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
RECEDED
EXHIBIT "A" JAN 1 61003
vrioPEIry
RTY OF KEN=T
MgCMENT
THAT PORTION OF SE 266TH STREET LYING WITHIN THE NE '/, OF THE SE 'A
IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY,
WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE
EASTERLY 50 . 00 FEET AND THE WESTERLY 50 . 00 FEET OF SAID
SUBDIVISION
RECEIVED
JAN 116 Z003
CITY OF KENT
"ROPERTY MANAGEMENT-
1 a pw.r r awn wa• urr m. L �� • �'
i 1 .A ..r w as w._ we ^• �I .tea
1 11
^=11 r� n rA` 1 us.. •gym:
- _ x apt u�1 • � Itla eiy '
e• n a
NoAq
•1 -ils xsf'yy.�a° `.m�`1s• •� I
1i f ,..a....-.,. ' ,. ` .r+•'as fi�Lm a a: f. 'i°3a s,
1� ILS♦1 r..., t{ � a..�� 1�' I�� i w N ,n ,a ,uu 1
IC �W �
m LOT 9 ;�41
I f M F.t�'• ,
Ali' e
1• w �� 2
li I„
e LOT 1
t Y fI#
M V
pR 6q TO � cs9 TG
Y t.�s. . s ♦ 1.
A
I
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---------------------------------------
12BTH A SE
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--------J ----- --- --------
no u IJ2ND AVE SE �'—----
O
n
FICHT I WAY VACATION EXHIBIT
u 33E i T F!
f 9� H&L LAND 1
HIGHLAND PARK j:rc it ?r
o a Q E7
q / 4 crtr w xexr s+xxerox
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
1. SUBJECT: STREET OR ALLEY VACATION, CITY CODE 6 09.060 —
ORDINANCE—AMEND
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
adoption of Ordinance No. which amends the city's street vacation ordinance
by allowing the city to collect up to the full-appraised value of vacated street or alley
property as provided by state law, and removing street classification provisions.
Due to recent state law amendments relating to street vacations, the city can seek full
fair market value compensation for the vacation of certain streets or alleys This
ordinance implements this state law amendment and also cleans up Ch. 6.09 of the Kent
City Code by eliminating the classification of streets and alleys when reviewing
vacation petitions and determining the amount of compensation due.
3. EXHIBITS: Ordinance and Public Works Director memorandum
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. E_XPENDITURE 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
• Phone 253-856-5500
K E N T Fax 253-856-6500
W P g N G T Address 220 Fourth Avenue S
Kent,WA 98032-5895
i
Date January 27, 2003
To. Public Works Committee
From- Don Wickstrom, Public Works Director
Regarding. Authorization to Amend City Code 6 09 060
Compensation Criteria for Street or Alley Vacation
During the last year's legislative session a new law was passed that now allows cities to be
compensated for their vacated right of way at 100% of its appraised value versus 50%
It is the Public Works Department's recommendation that the Council amend the City Code
to allow full compensation for its vacated street or alley rights of way The current City
Code (see attached) only allows for collection of half the full-appraised value thereof
Upon Committee's concurrence here with, the City Attorney's Office will have the
necessary amending ordinance prepared and we will included it as part of the agenda
packet for consideration by the full Council
MOTION
Recommend the Council adoption of the proposed Ordinance that amends the city's street
vacation ordinance by allowing the city to collect up to the full-appraised value of vacated
street or alley property as provided by state law, and removing street classification
provisions.
r
6 09 010 Kent City Code
Chapter 6 09 street or alley described in the nonce,together r1 uh
a statement of the time and place for the hearing of
STREET OR ALLEY VACATION* the petition The city clerk shall direct a copy of the
notice and of the resolution to the city planning
Sections director who shall solicit comments from city
6 09 010 Initiation of proceeding- Fee departments,from utility companies and from such
6 09 020 Notice ofhearng-Objections prior to other as he believes to have a special interest in the
hearing vacation If the proceeding is initiated by resolu-
6 09 030 Hearing-Ordinance of vacation tion of the city council without a petition having
6 09 040 Street vacations been signed by the owners of more than two-thirds
6 09 050 Title to vacated street or alley of the property abutting upon the part of the street
609060 Compensation criteria-Classification or alley sought to be vacated, in addition to the
of streets and alleys notice hereinabove required, there shall be given
by marl at least fifteen (15) days before the date
*Cross reference(s)-Department of public works,ch 2 28. fixed for the hearing a similar notice to the owners
State law reference(s) -Abandonment, RCW 35A 58 020, or reputed owners of all lots, tracts or parcels of
35 79 010 et seq land or other property abutting upon any street or
alley or any part thereof sought to be vacated, as
6.09.010 initiation of proceeding-Fee. shown on the rolls of the county assessor, directed
The owners of an interest in any real estate abut- to the address thereon shown if the owners of fifty
ting upon any street or alley who may desire to (50)percent of the property abutting upon the part
vacate the street or alley or any part thereof may ofsuch street oralley sought to be vacated file writ-
petition the city council to make such vacation, ten objection to the proposed vacation with the city
giving a description of the property to be vacated or clerk prior to the time of hearing, the city shall not
the city council may itself initiate by resolution proceed with the resolution
such vacation procedure If the petition is signed by (Ord No 1934, § 2 Formerly Code 1986,
the owners of more than two-thirds of the property §4 08 020)
abutting upon the part of such street or alley sought
to be vacated and is accompanied by a fee of one State taw refemnee(s)-Similar provisions,RCW 35 79 020
hundred fifty dollars(S 150), the city council shall
by resolution fix a time when the petition shall be 6,09.030 Hearing-Ordinance of vacation.
heard and determined by them, which time shall The hearing on such petition or resolution shall
not be more than sixty (60) days nor less than be held before the city council on the date fixed by
twenty (20) days after the date of the passage of resolution or at the time to which such hearing may
such resolution be adjourned The city planning director shall
(Ord No 1934, § I Formerly Code 1986, report his findings at the hearing if the city council
§ 4 08 010) determines to grant such petition or any part
thereof, they shall by ordinance vacate such street,
State law reference(s)-Similar provisions,RCW 35 79 010 or alley, or any part thereof The ordinance may
et sect provide that it shall not become effective until the
owners of the property abutting upon the street or
6.09.020 Notice of hearing-Objections prior alley, or part thereof so vacated, shall compensate
to hearing, the city in an amount which does not exceed one-
Upon the passage of the resolution,the city clerk half(112) the appraised value of the area vacated
shall give twenty(20)days'notice of the pendency Such ordinance may provide that the city retain an
of the petition by a written notice posted in three easement or the right to exercise or grant ease-
(3) of the most public places in the city and a like ments in respect to the vacated land for the con-
notice in a conspicuous place on the street or alley struction, repair, and maintenance of public
sought to be vacated The notice shall contain a utilities and services The city shall not vacate such
statement that a petition has been filed to vacate the street or alley or any parts thereof if any portion
(Revised 8101) 6-20 6
6 10 010 Kent City Code
appraisal shall be paid by the petitioner and coon- Chapter 6.10
les, therefore, shall be deposited with the city pnor
to the city authorizing an appraisal to be prepared STREET TREES*
E The compensation determined to be paid
shall be a condition precedent to the passage of the Sections
specific ordinance pertaining to such vacated street 6 10 010 Definitions
or alley and shall be paid to the city by the pets- 6 10 020 Street tree and planting list
honer within ninety (90) days of the city council 6 )0 030 Street tree planting plans and
passage of the motion directing the city attorney to standards,
prepare the specific vacation ordinance In the 6 10040 Property owner requests.
event of failure of the petitioner to pay such sum 6 10 050 Street tree maintenance, inspection
within ninety (90) days, the petition for vacation and removal
shall be denied 6 10 060 Protection of street trees
(Ord No 2333, § 4, 1-18-82) 6 10 070 Nonhabihty of city
6 10 080 Violations and penalties
-Cross reference(s)—Department of public works,ch 2 28,
landscaping, eh 1507, presen aeon of trees, § 15 08 240,
planting of cemm trees prohibited,§7 04 060
State law reference(s) — Authority to require landscaping,
RCW 35 43 040
6.10.010 Definitions.
The following words and phrases when used in
this chapter, shall have the following meanings
unless a different meaning is clearly required by
the context
Direclor shall mean the director of the parks and
recreation department of the city.
Maintain or mamienance shall mean the entire
care of trees in planting strips, as well as the
preparation of ground, fertilizing, mulching,
planting, spraying,trimming,pruning,topping and
root control, but not watering, unless specifically
so stated
Planting shall mean planting and replacement in
planting strips
Planting snip shall mean the area available for
planting between the street curb, the edge of the
traveled portion of roadway and the property line
(Ord No 1703, § 1; Ord No 2567, § 2 Formerly
Code 1986, §4 12 010)
Cross reference(s) — Definitions and rules of construction
generally,§ 1 01 030
6-22
i
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending sections 6 09 030 and
6 09 060 of the Kent City Code relating to street vacations
The amendments are necessary to bring the Kent City Code
into alignment with recent revisions the Legislature made
to the Revised Code of Washington
WHEREAS, the Legislature recently amended Section 35 79 030 of the
Revised Code of Washington relating to the allowable amount of compensation a city is
authorized to charge when vacating a street, or alley, or any portion thereof, and
WHEREAS, the amendment allows the city, when vacating a street or
alley that has been a part of a dedicated public right-of-way for twenty-five years or
more or if the subject property (or portions thereof) was acquired at public expense, to
seek compensation for the vacation of those streets or alleys, or portions thereof, in an
'amount that does not exceed the full appraised value of the area vacated, and
WHEREAS, in order to implement these amendments, the city must
revise its existing Ch 6 09 of the Kent City Code regarding street vacations, and
WHEREAS, it is also appropriate to eliminate the classification of
!streets and alleys when determining the amount of compensation due for vacations in
1 Street Vacations— Ch. 6.09 KCC
order to allow additional flexibility when determining the amount of compensation due
for a street vacation, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. — Amendment Section 6.09.030 of the Kent City Code,
entitled"Hearing—Ordinance of vacation," is amended as follows
Sec. 6.09.030. Hearing—Ordinance of vacation.
A The hearing on thesue-Ii petition or resolution shall be held before the city
council on the date fixed by resolution or at the time to which the suek-hearing may be
continuedad}effined The city planning managerdi£eeter shall report his or her findings
at the hearing If the city council determines to grant all or part of the requested street
vacation, it shall by ordinance vacate all or part of
the sxeli street, or alley_;~ Ry pa thefeof The ordinance may provide that it shall
not become effective until the petitionersowners of !he prepei4y abutong upen the
have compensated the city for the area
vacated in accordance with this chapter in an amount wh,eh does net e..eee,, one halr
( n` the appraised value of thee e eeted SuehThe ordinance may also provide that
the city retain an easement or the right to exercise or grant easements in respect to the
vacated pEgpertyland for the construction, operation, repair, and maintenance of public
utilities and services The e.ty shell .,et vaea4e , .eh street a alley , an), thereeif any peftien thereof abots en a bedy ef water unless sueh vaeation be seuglit to enable
the e,t. e.w distriet or state to aequife the prqpefty fer- ef4 p ec_beat_m„o.
This pf:evisiefi shall net apply to industnal zened I�
The city clerk shall
,'record a certified copy of saehthe ordinance with shall be reeorded by the eity eler4E an'
I
the King County Recorder's OfficeaudAer. The one-hundred-fifty-
dollar($150) fee shall not be ref indedable,whether or not the petition is granted
2 Street Vacations—Ch. 6.09 KCC
B The city shall not vacate a street or alley or any parts thereof if any portion
abuts on a body of water unless the vacation seeks to enable the city, port district, or
state to acquire the property for port purposes, boat moorage, or launching sites, park,
viewpoint recreational, or education purposes, or other public use This provision shall
not apply to industrial zoned property
SECTION 2. — Amendment Section 6 09 060 of the Kent City Code,
entitled "Compensation criteria — Classification of streets and alleys," is amended as
follows
Sec. 6.09.060. Compensation criteria .,1..ssifientio . of streets and alleys.
A If the city council vacates all or part of any street or alley, the ordinance may
provide that the vacation shall not become effective until the petitioners have
compensated the city for the area vacated in an amount which does not exceed one-half
(1/2) the appraised value of the area vacated In the event, however, that the street or
alley has been part of a dedicated public nght-of-way, whether opened or unopened, for
twenty-five (25) years or more, or if the property or portions thereof were acquired at
public expense, the city may require the petitioners to compensate the city in an amount
that does not exceed the full appraised value of the area vacated.
The amount of compensation required for the vacation of all city streets or
alleys as of the effective date of the vacation, for the purposes of this section, shall be
determined by the public works department The city council shall have authority to
accept real property of equal value in lieu of cash compensation where the value of the
street or alley to be vacated is not more than the value of the real property to be
acquired by such exchange
F^^ the puT ses of this eh tee all streets o alleys within ate eity afe hereby a 7 a
are elas ified as t alleys-.
- streets
3 Street Vacations— Ch. 6.09 KCC
7 U Gass A11titJ .,stFeets alleys sea ea fie menet— e-est to h
li ft. nd for ..h.eh e ..aft..fes of fends have been d in h
r
mamtenaftee of the stFeets ef alleys hereby t s- a as n «ass streets er alleys
a G Ga..a All eft..J st_ e of alle5s f _ h h no hl f a have
bee
�
expended in t nt mfaaia4enamee of the. all_—
ft.^...:feed .. !' ale Y«sects ' ana. e impfeve stf__ ___
_____ __ _ _lass ___-._ e _.._J.,
na ..
4 D Glass All efty stfeets of alleys ll d a a of h
eFwise
€ef Whieh ne pubhe expenditures t been made in the impfeveffient Of
e
l
mai
me e of the st« etc ef alle. ^ or any. other et o 11 net ifte1 d a within 1
as
J J
A U o.G e a ei A a ll 1 trees 11
y v v. v u.v vaa^3 OR-LCJ�IT^VIQJTI�V'O[TO1Z[^31G'TT
$ Re amount of e, ..Y�ensat:o.. .f renwi ed hefe ii shall be uete ed by the eity
uixet!a fdifig to the fellewing ...te
i `Laeatten eg all efti-y stfe'ets or ands-ixi^eluddecax--in classes zAT-and B if
grarated shall require eeffq3ensatten at a half (IQ) the C 11 appfaised N,alue C the
vaeated street or alley as of the eFC et.. date of he vaeation, h h F thee
wulaax,.e_ses of this Beet.'--' may be .d.eteffninev by the engmeefing d....s. of the tl.e
value ixi.. i.e.. of each a sateen where the ....1., f the street e_ alley te to . a is
inat... a than the value of the real property to be aequired by eh o et o
tie„ f all t.. «feet^ alleys ludea lee.. � f ...-a..« a
`aeo'.aoxcvx-arrcii7 3crwusvi-axxvy�o-iixexcnzc�-nx-omavz-rr-6rm�cca-mod•
aat.en at o e half(1 /2) the full appraised value of the . e tea st-eet e
_-Y:: .e �..�::j.e..�........ .... ....� i...i li c� -..� ..... uppi.^.i.�v-.-aicsv vizai�-�uvcs.��a-ucxv�z vc
alley as of the efffeet.. a date of the vaeahe ..h.et ameunt for the pwTeses of this
eet.e-. may to deter. fined by the e e...eefing division of the public .. e.A.s dena..t n♦
The e.tJ a. .. e.. shall have _uthentJ to _ lent real n-_r eftJ of equal y_h_e in _ e_ eC_
::i.
a ei
sh a sat.on ...hefe the value of the st feet or alley to he . ....eated ..et a than
.wi
the value of the real property to be aee.....ed by sueh e.,ehan..e
lien C it t.. t-eets lle.. eluded lass Tl C ted
V8eu vn-vr-axrvir�^savosT-or-anv7o-iixcxnxxoc-i?rczccro-v-rrbrainoazrr°:j'
fiequire eempeasat. n based n the ad...., st-a«.. sts of the vaea«.
en-
4 Street Vacations—Ch. 6.09 KCC
. 6B. When a street or alley is vacated for a governmental agency—, and-eeftT =ten
it
is recta, compensation shall be based on the administrative costs of the vacation and
may, in the discretion of the city council,be based on original cost of acquisition
DC When determining the value of the vacated street or alley, the eagineeaiig
divisten public works department may require that an appraisal be performed The
petitioner shall nay the cost of the saek-appraisal shall be paid by the ..bite er and the
monies for the same— - shall be deposited with the city prior to the city
authorizing an appraisal te-be prepared
ED The compensation determined to be paid shall be a condition precedent to the
passage of the specific ordinance pertaining to thesueh vacated street or alley proposed
for vacation, and the petitioner will pay sha4- Pa=d-to the city by the petitteiierwithin
ninety (90) days of the e4y-eeeneg-passage of the motion directing the city attorney to
prepare the specific vacation ordinance If the petitioner fails In the event of fail fe e
the-fe4t-ieiieF-to pay the recurred such—sum within ninety (90) days, the petition €ef
vaeatrea shall be denied
E In accordance with state law, the city must dedicate one-half (1/2) of the
revenue received as compensation for the area vacated for the acquisition,
improvement, development, and related maintenance of public open space or
transportation capital proiects within the city
SECTION 3. — Severabrkty If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect
•
5 Street Vacations— Ch. 6.09 KCC
it
fSECTION 4. — Ef£ect:ve Date This ordinance shall take effect and be
jin force thirty(30) days from and after its passage as provided by law.
i
JIM WHITE, MAYOR
( ATTEST
I
BRENDA JACOBER, CITY CLERK
i
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
PASSED day of February, 2003
APPROVED day of February, 2003
PUBLISHED day of February, 2003
I hereby certify that this is a true copy of Ordinance No
passed by the city council of the city of Kent, Washington, and approved by the mayor
of the city of Kent as hereon indicated
(SEAL)
BRENDA JACOBER, CITY CLERK
6 Street Vacations—Ch. 6.09 KCC
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
1. SUBJECT: PUBLIC EGRESS AND UTILITY EASEMENT RELEASE —
AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to execute a Release of
Easement releasing the ingress/egress/utilities easements located in the Pacific Gateway
Business Park over the southerly portion of Lots 15, 16, and 17, which are no longer
needed by the city.
3. EXHIBITS: Release of Easement
4. RECOMMENDED BY: Public Works Committee
(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. 6H
WHEN RECORDED RETURN TO
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent
Grantee: WFT Company One, LLC, a Washington limited liability company
Abbreviated Legal Description: Lots 15, 16, 17 of Pacific Gateway Business Park, as per Plat
recorded in Volume 197 of Plats, pages 62-71, W M King
County, WA
SAdditional Legal Description on page 1 of Document.
Assessor's Tax Parcel ID No. 66002 1-0 1 5 0, 66002 1-0 1 60, 66002 1-0 1 70
RELEASE OF EASEMENT
WHEREAS, Pacific Gateway Business park, as per Plat recorded in Volume 197, of Plats,
pages 62 through 71,records of King County Washington,contains ingress/egress/utilities easements
in favor of the City of Kent over the southerly portions of Lots 15, 16, and 17, as delineated on the
face of said Plat; and
WHEREAS, the City of Kent has determined that the ingress/egress/utilities easements
granted over Lots 15, 16, and 17, as described above, are no longer needed
• RELEASE OF INGRESS/EGRESS/UTILITIES EASEMENTS—Page 1 of 2
(between City of Kent and WFT Company One—Pacific Gateway Business Park)
Therefore, the City of Kent releases the ingress/egress/utilities easements over the southerly .
portion of Lots 15, 16,and 17, as delineated on the face of the Plat for the Pacific Gateway Business
Park,as recorded in Volume 197 of Plats,page 62 through 71,records of King County, Washington
GRANTOR
CITY OF KENT
By JIM WHITE
Its Mayor
Date.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of 2003,before me a Notary Public in and for the
State of Washington,personally appeared JIM WHITE,to me known to be the Mayor of the City of
Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged •
it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned
in this instrument, and on oath stated that they were authorized to execute said instrument
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
APPROVED AS TO FORM:
TOM BRUBAKER
City Attorney
P\C,rMLES\OprnPAeWIT/-200TEsscmmtRe WPr.P.fi.Ci a .y doc
RELEASE OF INGRESS/EGRESS/UTILITIES EASEMENTS—Page 2 of 2
(between City of Kent and WFT Company One—Pacific Gateway Business Park)
PUBLIC WORKS DEPARTMENT
Don E Wickstrom,P.E Public Works Director
Phone
25 56600KENT Fax 38 - 5
W♦SHINGON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date January 27, 2003
1
To: PubPorks Committee
From: Don Wickstrom, Public Works Director
Regarding- Authorizing the Release of a Public Egress and Utility Easement
When the Boeing Company platted the Pacific Gateway Business Park they wanted
maximum flexibility with respect to lot configuration. As such along 1961' St. frontage they
created a series of smaller lots, which could be sold either individually or to a single user.
Were they then to sell individually they also granted easement rights to the City for road
and utility purposes such that upon development of one of those lots the City could require
the development to construct the necessary access road and utilities to service the lot
Lots 15, 16, and 17 as reflected in the attachment were such lots which have now been
bought by a single owner who wishes to vacate the lot line and the easements. The Public
Works Department recommends that Council authorize the release of said easements.
MOTION:
Recommend the Council authorize the Mayor to execute the respective document($)
releasing any and all City rights in the Public Ingress/Egress and Utility easement reflected
on the southerly portion of lots 15,16, & 17 of the plat of Pacific Way Business Park as
highlighted on the attachment.
-lf A0, U, VO.20 lA.l CYOCJ0009/
Lrn .uc�ni�t�i�
out
i
January 8, 2003
City of Kent
Public Works Department
Property Management
Legal Department
220 Fourth Ave. S. Suite 300
Kent, WA 98032-5895
Re: SEPA Review#RPSA-2023964
Walker Plaza
Pacific Gateway Business Park
Kent, Washington
Former lots#15,#16, #17
LPN Job No. 02030
Per review with Damien Hooper, City of Kent Planning Services,the three individual lots
have or are being vacated on this property and this letter is specifically requesting
elimination of the reserved public ingress/egress and utility easement per plat, (which
would have provided separate street access for each individual lot and not required for
this proposed development).
An additional copy of title report, statutory warranty deed is attached.
Q
»y,
Royce . Berg
President
LPN Architects and Planners
WFT Company One LLC
17821 SE 580' Place
Bellevue, W�A�98006
Iola/.tG'!.t✓
Bob Walker
CC. Damien Hooper, City of Kent Planning Services
Jason Hubbell, Barghausen Engineers 10
Dan Saimelli, Barghausen Engineers
ACIFIC GATEWAY BUSINESS -PP
TION OF THE NE 1/4, SE 1/4 AND SW 1/4 OF SECTI(
I OF THE NW 1/4 OF SECTION 11, TOWNSHIP 22 NO
-LAMETTE MERIDIAN , CITY OF KENT, KING COUNTY,
f SOUTH 196TH STREET PER PLAT OF SOUTI
S0.7nCE TER CORPORATE FnRh-3\ PLAT
FOUND MONUMENT SET PER PLAT OF SOUTHCENTER \ FOUN
CORPORATE PARK VOL 114, P }6-42 CORP
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RESERVATION SHEET 3 OF 10 L=4669' .EPJ/3 BRASSY 6-053302 '56 44 �`����
Kent City Council Meeting
Date February 4, 2003
Category Consent Calendar
1 SUBJECT: LID 354—N. WASHINGTON AVENUE IMPROVEMENTS —
ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the LID 354 N Washington Avenue Improvements project as complete and
release retainage to Ceccanti, Inc. upon standard releases from the state and release of
any liens. The original contract amount was $3,496,956.01. The final contract amount
was $3,340,053.84.
3. EXHIBITS: Location map
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:
SACTION:
Council Agenda
Item No. 61
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Kent City Council Meeting
Date February 4. 2003
Category Bids
1. SUBJECT: WEST FORK SOOSETTE CREEK BOX CULVERTS SUPPLY
CONTRACT
2. SUMMARY STATEMENT: The bid opening for this project was held on
January 22nd with three bids received. The low bid was submitted by Utility Vault
Company in the amount of$189,268.48. The Engineer's estimate was $235,900.16.
The Public Works Director recommends awarding this contract to Utility Vault
Company.
3 EXHIBITS: M o and bid tab
4 RECOMMENDED Y: Public Works Director
(Committee, Staff, xaminer, Commission, etc.)
5. UNBUDGETED FI AL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE RE UIRED: $189,268.48
SOURCE OF FUNDS D00043
7. CITY COUNCIL AC ON:
///
Councilmember (, e R/L moves, Councilmember d2ll� seconds
that the West Fork Soosette Creek Box Culverts Supply contract be awarded to Utility
Vault Company for the low bid amount of$189,268.48.
DISCUSSION:
ACTION: C
Council Agenda
Item No. 8A
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
. • Phone 253-856-5500
K E T Fax 253-856-6500
1
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date• February4, 2003
To Mayor & City Council
From: Don Wlckstrorti, Public Works Director
Regarding West Fork Soosette Creek Box Culverts Supply Contract
Bid opening for this project was held on January 22 with three bids received The low bid
was submitted by Utility Vault Company in the amount of$189,268 48. The Engineer's
estimate was $235,900 16. The Public Works Director recommends awarding Schedule I
of this contract to Utility Vault Company
Bid Summary
Utility Vault Company $ 189,268 48
Granite Precasting & Concrete $ 211,000 22
Hanson Pipe & Products $ 293,868.80
Engineer's Estimate $ 235,900 16
MOTION:
Councilmember moves, Councilmember seconds that the West Fork
Soosette Creek Box Culverts Supply contract be awarded to Utility Vault Company for the low bid
amount of$189,268 48
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REPORTS FROM STANDING COM TTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE ft
D. PUBLIC WORKS 0-4 C A.L
bv� ti li IVla' *- 5 Pm —f b
E. PLANNING COMMITTEE
F. PARKS COMMITTEE WcLJ
G. ADMINISTRATIVE REPORTS Ma4.0. �S
REPORTS FROM SPECIAL COMMITTEES
i
OPERATIONS COMMITTEE MINUTES
DECEMBER 3, 2002
COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Leona Orr,Tim Clark
STAFF PRESENT: Mike Martin,May Miller,Tom Brubaker,Don Wickstrom, Sue Viseth,
Dave Everett, John Hodgson, Connie Epperly,Judy Woods,Julie Peterson,Cliff Craig,Pat
Fitzpatrick, Bruce White, Jackie Bicknell
PUBLIC PRESENT: Robert O'Brien,Ted Kogita
The meeting was called to order at 4.03 PM by Chair Rico Yingling Two items were added to
the agenda Agreement for Public Defender Services and Discussion on Pool Issue
Approval of Minutes of November 19, 2002
Committee Member Tim Clark moved to approve the minutes of November 19, 2002
Operations Committee. The motion was seconded by Committee Member Leona Orr and passed
3-0.
Approval of Vouchers Dated November 30, 2002
Leona Orr moved approval of the vouchers dated November 30, 2002 The motion was
• seconded by Tim Clark and passed 3-0.
Agreement for Public Defense Services
City Attorney Tom Brubaker said the City was obligated by law and the constitution to provide a
Public Defender to assist those people that had been charged with crimes in Kent who could not
defend themselves. The contract and Public Defender are the same as have been used for the
previous eight years, and the rate of payment is the same There are three changes the
indemnification language has been strengthened, an 800 number has been provided so
defendants can call the Public Defender, and a stipulation was made that he/she should spend at
least two hours per week at the Kent Municipal Jail facility to provide answers to questions that
inmates may have
Leona Orr moved to recommend Council authorization for the Mayor to execute a one
year term agreement with Stewart Beall & MacNichols, P.S., for public defense services in
the amount of$264,000 per year plus related costs incurred for appeals. The motion was
seconded by Tim Clark and passed 3-0.
Aukeen Court Lease Extension
Chief Administrative Officer Mike Martin said that the lease with King County was for partial
use of the Aukeen Court Building to house the Kent Municipal Court. The contract covers a five
year period with an 18 month out and a first right of refusal should the County choose to sell the
building during the term of the lease. There is an increase in the cost per square foot from $15 to
$16.50,
,eranons Committee, 12/3/02 2
Tim Clark moved to recommend that Council approve the lease extension between the City .
of Kent and King County for the partial use of the Aukeen Court Building to house the
Kent Municipal Court. The motion was seconded by Leona Orr and passed 3-0.
2002 Bud¢et Adjustment Ordinance
Finance Director May Miller said that the 2002 Budget Adjustment Ordinance included all the
budget adjustments that Council had authorized between July and December. The ordinance is
for$21,163,936 and the majority of that amount is for the Tacoma Intertie expenditures and loan
repayment. The amount not yet authorized by Council is $2,748,859: $60,000 for increased
unemployment claims, $225,077 for an increase in the Workers Compensation Fund, $1,220,000
for Health Insurance(next year's amount for this fund has been increased by 29%), and$23,000
for property damage. There were also some one-time-only transfers: $250,000 in the Capital
Fund, a$250,000 savings from Fleet, and$300,000 from Facilities. Those were transferred back
into the yearend figures to help offset shortfalls. Two additional things,normally done at this
time of year, are a line of credit to Housing & Community Development to get them through
winter until they are reimbursed from the county, and a$450,000, short term, three year loan
from Equipment Rental to the Golf Course for cash flow through the winter months.
Leona Orr moved to recommend that Council approve the Technical Budget Adjustment
Ordinance for adjustments made between July 1,2002 and December 31,2002 totaling
$21,163,936. And to approve a short term loan from the General Fund in an amount not to
exceed $200,000 to cover Housing and Community Development costs at year-end until
they are reimbursed by King County. And to establish a three year loan from the
Equipment Rental Fund to the Riverbend Golf Complex in an amount not to exceed
$450,000 to cover cash flow for winter and spring expenditures with interest to be paid at
state pool rate. The motion was seconded by Tim Clark and passed 3-0.
Reallocate LTGO Bond Fund
May Miller said that if the LTGO Bond Fund money was not spent as expected when first issued,
then the City could be liable for arbitrage interest Reallocating$1,167,738 would repay the
balance of the Clark Lake Land Purchase Loan that was received from the Water Fund
Tim Clark moved to recommend that Council authorize the reallocation of a portion of the
1999 and 2000 LTGO bonds for$1,167,738 to repay the balance of the Clark Lake Land
Purchase Loan to the Water Fund. Also to amend Attachment A of the 1999 LTGO
Ordinance authorizing the Clark Lake Land Purchase. The motion was seconded by
Leona Orr and passed 3-0.
Discussion on Pool Issue
Parks Director John Hodgson said the King County Council had one more meeting before the
end of the year and wanted an answer from the City as to what it was going to do about the pool
located at Kent Meridian High School. The City has been working with a group affiliated with
the King Aquatic Club,called the Kent Citizens for Water Safety, and they have presented a
proposal that would transfer the pool to the City of Kent with the City paying a$20,000
maximum subsidy per year to help offset expenses The group has also agreed to work with the
City towards finding a replacement pool at some point in the future.
jerations Conumnee, 12/3102 3
The City sent a proposal to the county stating that it would take temporary ownership of the pool,
enter into an operating agreement with the Kent Citizens for Water Safety, and provide a
maximum $20,000 subsidy However,if at some point there was a threshold of subsidy or
capital costs that were unacceptable to the City, the pool would revert back to the county. The
county responded that they were not willing to agree to a pool reversion They said the$77,000
one-time mothball money and the one-time capital contribution of between $50,000 and
$100,000 were still available. They stated also that they would be willing to collaborate with the
City to find solutions if operations were excessive
Mr. Hodgson said staff would be prepared to discuss the issue at the next Parks Committee
meeting on Tuesday,December 10'h, and would make a recommendation then for action at the
Council Meeting that Tuesday night.
Leona Orr suggested using the$77,000 in mothballing money to keep the pool open until the
issue could be put before the voters. A bond could include money to recoup the costs of the
election. Tim Clark pointed out that the City would not get the pool,but only the right to run the
pool because it was on school district property. He suggested that perhaps the voters should be
asked to support a bond for a new facility
2003 Budget
May Miller said the county still had not given the City the numbers on the property tax, and the
total levy had to be adopted saying how many dollars the property tax would be and how much
would go to debt and how much to the General Fund. Another ordinance is for the percentage
adjustment or increase that deals with Referendum 747. The percentage of increase has to be
stated clearly in the budget. A 1% increase amounts to $206,321, but the numbers are estimates
until the final numbers are received The final ordinance is the budget document itself, which
includes any technical changes
Rico Yingling inquired about the 20% increase in Medical and Health Benefits for all personnel.
Mike Martin said contributions from the City were increased by about 29%to keep the fund
balance where it needed to be. Staff is working through labor negotiations to have employees
begin contributing towards any increased portion of cost that the City incurs.
In response to Mr. Yingling's question about the electric utility issue,Mr Martin said about
$1 2-1 4 million (65%-75% of the loss of revenue)was caused by the power crisis in 2000 where
energy spiked and taxes were paid on the spike, but then it went back down to more normal
levels. Probably$300,000-$350,000 loss in sales tax revenue was caused by out of state usage
Tim Clark moved to recommend that Council adopt the ordinance establishing the regular
property tax levy of$21,483,763 for the General Fund and $1,775,000 for the Debt Service
Funds for a total of$23,258,763, pending the final numbers from the county where
adjustments would be made by Administration. The motion was seconded by Leona Orr
and passed 3-0.
,rations Coniouttee, 12/3/02 4
Tim Clark moved to recommend that Council adopt the ordinance authorizing the 2002
property tax levy increase for the 2003 budget at the previous year's tax levy, plus a 1%
increase, or $206,321, in addition to increases from new construction, improvements,
increases in state assessed property, other adjustments, and annexed properties, pending
new figures from King County with Administration making the appropriate adjustments.
The motion was seconded by Leona Orr and passed 3-0.
Tim Clark moved to recommend that Council approve the 2003 Budget outlined in the
Preliminary Budget document,plus the technical corrections in Exhibit B. The motion was
seconded by Leona Orr and passed 3-0.
October Finance Report
May Miller presented the October Finance Report. She said the General Fund was 6.9%under
budget, but to somewhat offset that, expenditures from the General Fund were 3 9% under
budget. Sales Tax continued to be under budget,but Retail Sales had improved significantly.
The loss in Electric utilities continued through October. There was a spike in Building permits
due to the Kent Station project(the first time this year Building Permits had been over budget)
Plan Check Fees stayed the same, and Recreation Fees were 10.5%over budget. Fines and
Forfeitures improved to September and October,but the Street Fund lost utility tax revenue.
Vacant Positions in October were higher than last year's October vacancies. In the adjustment
column, the Capital Improvement Fund lost from sales tax,but the Real Estate Excise Tax
continued to be strong all year. On page 23, the Golf Course green fees showed$14,217 over
budget, the 18 Hole was$I,915 over, and the driving range was up $53,969 Merchandise sales
were positive, but golf carts/leases were slightly under Overall, revenue was up 10.8%from last
year's actual. Expenditures were also up over last year,but the golf course should end the year
with a positive operating revenue
The meeting adjourned at 5:12 PM.
Jackie Bicknell
Council Secretary
i PUBLIC WORKS COMMITTEE MINUTES
JANUARY 6, 2003
COMMITTEE PRESENT: Chair Tim Clark,Julie Peterson, Rico Yingling
STAFF PRESENT: Don Wickstrom, Brett Vinson, Gary Gill, Tim LaPorte,Nathan Torgelson,
Kurt Hanson, Jackie Bicknell
PUBLIC PRESENT: David W Hoffman,Melvin Roberts, Gene Warden
The meeting was called to order by Chair Tim Clark at 5 05 PM.
Approval of Minutes of December 2, 2002
Committee Member Rico Yingling moved to approve the minutes of December 2, 2002. The
motion was seconded by Committee Member Julie Peterson and passed 3-0
T.I.B. Grant-#9-P-106(008)-I, South 228'h Street—54th Avenue South to SR 516 (Kent-Des
Moines Road)
Public Works Director Don Wickstrom said the City was in receipt of a Transportation
Improvement Board Grant Agreement in the amount of$5,003,250 for the design and
construction phases of the South 2281h Street Project from 54`' Avenue South to SR516(Kent-
Des Moines Road) Additional funds will come from the LID and the City
Julie Peterson moved to recommend authorization for the Mayor to sign the grant
agreement, direct staff to accept the grant and establish a budget for the funds to be spent
within said road improvement project. The motion was seconded by Rico Yingling and
passed 3-0.
South 277th Street Reconstruction Project Phase III—Vine County Interlocal Agreement
Don Wickstrom said the Public Works Department was in receipt of an mterlocal agreement with
King County for construction, maintenance and operation responsibilities for the South 2771h
Street Project,Phase III from West Valley Highway to 72"d Avenue South. The north leg
of the West Valley Highway at 277th intersection is within the Kent city limits and the agreement
will give King County the authority to condemn property for right-of-way for the project.
Rico Yingling moved to recommend authorization for the Mayor to sign the Interlocal
Agreement for the South 277'h Street Reconstruction Project Phase 111, upon concurrence
of the language therein by the City Attorney and the Public Works Director. The motion
was seconded by Julie Peterson and passed 3-0.
Pacific Gateway Business Park Division III Agreement
Don Wickstrom said that the Boeing Company wants to sell some vacant buildings in the
northwest quadrant of their Space Center complex and they have made a proposal to short plat
approximately 20 acres into four lots there. They want to tie the construction of the
Public Works Committee, 1/6/03 2
infrastructure improvement that will be required as part of the short plat approval to the sale of
the property. The agreement says Boeing has to provide the City with notice of sale, along with
acknowledgment and recognition from the purchaser of the terms and conditions required to
occupy the property. If no lots are sold within 15 years, the Boeing Company would vacate the
short plat.
Julie Peterson recommended that the approval document be made part of the purchase and sale
agreement, as the buyer would have the right to say the nature of the contract had changed if
there was already an agreed upon contract and then another document was added prior to closing.
Mr. Wickstrom said the approval document was more of a disclosure issue to make the new
buyer aware of the obligations, and Assistant City Attorney Brett Vinson added that it was
already part of the title report and was also on the short plat. The City wouldn't necessarily have
an obligation to make it part of the purchase and sell agreement. Due diligence would put the
purchaser on notice of the conditions, and the approval document would occur before the sale
was finalized.
Julie Peterson moved to recommend that the Mayor be authorized to sign the"Property
Transfer Notification and Plat Vacation Agreement" associated with the Pacific Gateway
Business Park Division III short plat. The motion was seconded by Rico Yingling and
passed 3-0.
The meeting was adjourned at 5:24 PM.
Jackie Bicknell
Council Secretary
CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
A. Pending Litigation
ACTION AFTER EXECUTIVE SESSION
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