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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/03/1997.................. .. ................ City of Kent City Council Meeting Agenda CITY OF Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods June 3, 1997 3 Office of the City Clerk CITY OF ZQ AKIT SUMMARY AGENDA KENT CITY COUNCIL MEETING June 3, 1997 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President Jim Bennett Tim Clark Connie Epperly Jon Johnson Leona Orr Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Introduction of Mayor's Appointee B. Employee of the Month C. Regional Justice Center Update D. Kiwanis Club/Park Landscape Site Development Award 2 . PUBLIC HEARINGS A. Del Mar Annexation - Ordinance 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Sole Source Vendor for Protective Clothing (Fire) - Authorization D. Street Legal Drag Racing Program - Set Budget and Authorize Expenditures E. Transit Advisory Board - Appointment F. Transportation Improvement Board Grant - Authorization and Establishment of Budget G. Surplus Vehicles - Authorization H. Group Health Cooperative Contract - Renewal I. Banking Services Contract - Approval J. Del Mar Annexation Census Contract - Authorization K. Puget Sound Pipe & Supply - Bill of Sale 4 . OTHER BUSINESS A. Meridian West Preliminary Plat - Approval 5. BIDS A. South 200th Street Green River Bridge 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Property Negotiations 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587 . PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Mayor' s Appointee r �j�I�lscrY IX B) Employee of the Month C) Regional Justice Center Update D) Kiwanis Club/Park Landscape Site Development Award Kent City Council Meeting Date June 3 . 1997 Category Public Hearings 1. SUBJECT: DEL MAR ANNEXATION - ORDINANCE 2. SUMMARY STATEMENT: This date has been set as the hearing date for the proposed Del Mar Annexation. The City has received a sufficient and valid property owner petition on the proposed Del Mar Annexation, and the King County Boundary Review Board approved the annexation proposal on May 19, 1997. This annexation contains approximately 578 acres and is located on the southwestern edge of the City. The annexation area is generally bounded south of the current City boundary at South 252nd Street, east of Pacific Highway South, north of South 272nd Street, and west of the existing City boundary along Military Road, South 268th Street and South 272nd Street. The proposed ordinance would annex the Del Mar area effective July 1, 1997 . EXHIBITS: Ordinance, memo, map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: \wf' PUBLIC INPUT• CLOSE HEARING: ���.�-tJt,Wk�. �1;j, 7. CITY COUNCIL ACTION: Councilmember 'lid-' moves, Councilmember seconds to adopt Ordinance No. �� annexing the Del Mar Annexation area effective July 1, 1997 . DISCUSSION: ACTION• Council Agenda Item No. 2A CITY OF �11V :S Jim White, Mayor Planning Department (206) 859-3390/FAX (206) 850-2544 James P. Harris, Planning Director MEMORANDUM June 3, 1997 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES H. HARRIS, PLANNING DIRECTOR SUBJECT: DEL MAR ANNEXATION AN-97-1. PUBLIC HEARING TO CONSIDER ANNEXING THE DEL MAR AREA MEETING DATE: TUESDAY, JUNE 3, 1997. I. Background On February 4, 1997 the City Council accepted the 10 percent annexation petition for the - Del Mar annexation area and authorized the circulation of the 60 percent petition. The 60 percent petition has received by the and the notice of intent has cleared the Boundary Review Board. H. Location The proposed annexation is located on the western edge of the City and generally lies between South 252nd Street and South 272nd Street and between Military Road and Pacific Highway South. South of South 268th Street at Military Road, the annexation follows the existing City boundary easterly along South 268th Street to just west of 37th Avenue S. and then south to South 270th Street and easterly along South 270th Street to 42nd Avenue S. and then southerly along 42nd Avenue S. to South 272nd Street. III. Size of Proposed Annexation The proposed annexation contains approximately 578 acres. The estimated population is 3,500 to 4,000 persons. IV. Future Co=rehersive Plan and Implementing 7oning Upon annexation to the City, the Land Use and Planning Board will hold hearings concerning the application of a Comprehensive Plan designation for the annexed area and zoning designations to implement the plan. The Board's recommendation on the Comprehensive Plan and.zoning will be forwarded to the City Council for final action. 'In1r61VF C(1 1KFNT WA1 H IN(1T(1N(WO I' ag05 i TEl P PHI IN r. Inniaso.zun i i I:4 Y d"0.:111 Del Mar Annexation AN-97-1 June 3, 1997 Page 2 V. Financial Information The assessed valuation of the Del Mar annexation is $114,338,144.. The total estimated revenue is $1,241,711. A separate financial report will be presented to the Council at the June 3rd public hearing. VI. Annexation Policies The annexation satisfies the recently Council adopted Annexation Policies (adopted on April, 1, 1997). MJP/mp:a:deh=.2 cc: Fred N. Satterstrom, Planning Manager f - T �7 i! V. x o Z �Y 'S��r F yR }A W W � G A W az A � E� N W � U 2h a n S AU 2h F N c lJ 6f �' � `• w W S Atl BE "' �e W r,u ^� r oG c v, _ AU Uh A S _ N i Oh 60 N ur z l \\) 6` 1 b G N ^, y N v � � f l �ti A' E ld 9E r --s u of — m� �... �� __ {F d�61 S tl LE Ir _ !p r\ yf II Irk Q ry n T6. , � - tlJG53NJHtlM �' J Sf NI Pf � r N 1 y, rn ti � h -- ' N m _ N N rn 3a fc N � S ntl FE r6 n tl N I� n FE _ fl V m S All 16 5 AU I b S OE m r m o I C S Atl 62 i '..II m S Ida II`\ Au ee s ntl EZ � s id d � r14� v, b m S Atl ZZ n 54 J lz N nu 112 G lJ 6r m ` Q� S Atl tl2Id 61 Jf N E AU 61 d�_—�° N N S n 81 9I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, annexing to the City certain contiguous lands, comprising approximately 578 acres, generally bounded on the north and east by the City's existing corporate limits, on the west by Pacific Highway South(Hwy. 99)and on the south by South 272nd Street, all generally referred to as the "Del Mar Annexation"; making the property annexed subject to the City's proportionate share of its existing indebtedness and to its interim zoning regulations for newly annexed lands; adjusting the City's 1997 annual budget to accommodate changes in revenues and expenditures related to the annexation; making July 1, 1997 the effective date of the annexation; and authorizing the City Clerk to determine the resident population within the annexation area and to deliver required annexation information to the State Office of Financial Management and to the Metropolitan King County Council. WHEREAS, in accordance with Chapter 35A.14 RCW, the owners of not less than 60 percent of the assessed valuation for general taxation of certain real property, the "Del Mar Annexation" area, which is more particularly described in Exhibit A to this ordinance (map attached as Exhibit B), have petitioned the Kent City Council to annex the Del Mar Annexation Area to the City of Kent; and WHEREAS,the City has determined the Del Mar Annexation area petition to be sufficient in all respects; and WHEREAS, in accordance with Chapter 35A.14 RCW various proceedings were had; and WHEREAS, the City filed a Notice of Intention document with the Washington State Boundary Review Board for King County("BRB")on April, 1997;and WHEREAS, on May 19, 1997, the BRB approved the City's Notice of Intention and annexation proposal; and WHEREAS, the City has published and posted notice of a public hearing on the proposed Del Mar Annexation in accordance with RCW 35A.14.130 so that interested persons could voice their approval or disapproval of the annexation: and WHEREAS,the City Council of the City of Kent held a public hearing on the Del Mar Annexation in the City Council Chambers at a regularly scheduled meeting of the Kent City Council at 7:00 p.m. on June 3, 1997; and WHEREAS, it appears to the City of Kent that the Del Mar Annexation meets all requirements specified by law, that the land to be annexed is contiguous to the City of Kent, and that the annexation area has not heretofore been incorporated in or as a city or town; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. The foregoing recitals are incorporated by this reference and made a part hereof. SECTION2. Effective July 1, 1997, there shall be annexed to the City of Kent, Washington, certain property situated in King County, Washington, commonly known as the "Del Mar Annexation" area, which property is legally described in Exhibit A, attached and incorporated by this reference, and having the boundaries indicated in the 2 map attached as Exhibit B, which is incorporated by this reference. SECTIONS. In accordance with the Del Mar Annexation property owners' petition,the property hereby annexed shall be subject to its proportionate share of the City's existing indebtedness and shall be assessed and taxed at the same rate and on the same basis that other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. SECTION4. Until the City completes its final zoning determination for the annexation area, the Del Mar Annexation area shall be subject to the interim zoning regulations for newly annexed areas established in Title 15 of the Kent City Code, as now enacted or hereafter amended. SECTIONS. This annexation will become effective July 1, 1997, and on that date,the annexation area shall become a part of the City of Kent, subject to all the laws and ordinances of the City except as otherwise provided by law. SECTION 6. Based on the additional revenue and expenditures that this annexation is anticipated to generate, the City's 1997 budget is adjusted to establish a Del Mar Annexation budget as shown on Exhibit C, attached and incorporated by this reference. SECTION 7. Within thirty (30) days from the effective date of this annexation as provided by law, the City Clerk of the City of Kent shall, under the direction of the Mayor of the City of Kent, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with the practices and policies and subject to approval of the State of Washington's Office of Financial Management and which 3 population shall be determined as of the effective date of this annexation as specified in this ordinance. SECTION 8. The City Clerk of the City of Kent, pursuant to RCW 35A.14.700, shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 9. Upon passage of this annexation ordinance, the City Clerk of the City of Kent,pursuant to RCW 35A.14.140, shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of a letter from the BRB's Executive Secretary of the King County Boundary Review Board that declares the BRB's decision relating to this annexation. SECTION 10. If any one or more sections, 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. SECTION 11. This Ordinance shall take effect and be in force five (5) days after passage and publication as provided by law. JIM WHITE, MAYOR 4 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11997. APPROVED: day of 11997. PUBLISHED: day of 1997. 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 P:VLA W\ORDINANCMELMAR-ORD 5 .Y Del Mar Annexation Legal Description That portion of Sections 21, 22, 27, 28 and 33 in Township 22 North, Range 4 East W.M., described as follows: Commencing at the southeast comer of the southwest quarter of said Section 27; thence North 0°57'44" East along the cast line of said southwest quarter 42 feet to the Point of Beginning; thence continuing north along said east line to the southeast corner of the north half of the southeast quarter of the southwest quarter of said Section 27 as described in City of Kent Ordinance No. 1904; thence west along the south line of said subdivision to the southwest comer of said north half; thence north along the west line of said north half to the northwest corner thereof; thence west along the south line of the northwest quarter of the southwest quarter of said Section 27 to the southwest comer of said subdivision as described in City of Kent Ordinance No. 1078; thence north along the west line of said southwest quarter to the northwest corner thereof, also being a point on the centerline of Military Road South as described in City of Kent Ordinance No. 1002; thence northeasterly along the former centerline of Military Road South as described in said Ordinance, being a line parallel with and 30 feet easterly/southeasterly of the westerly margin of said road, to intersect the northerly margin of J. L. Reith Road as described in City of Kent Ordinance No. 2564; thence southwesterly along said northerly margin to the east line of the west 180 feet of the east 495 feet of the northwest quarter of the northwest quarter of said Section 27; thence north along the east line of said west 180 feet to the south line of the north 620 feet of the northwest quarter of the northwest quarter of said section; thence west along the south line-of said north 620 feet to the west line of the east 495 feet of said northwest quarter of the northwest quarter; thence north along said west line, also being the east line of the plat of Alderview recorded in Volume 63 of plats, page 27 as described in City of Kent Ordinance No. 1625, to the south line of the southwest quarter of the southwest quarter of Section 22; thence North 89°02'52" west along said south line as described in City of Kent Ordinance No. 1363 to the southwest comer of said southwest quarter; thence North 01°07'45" east along the west line of said southwest quarter to its intersection with the easterly margin of Interstate Highway No. 5 (Primary State Highway No. 1) as conveyed to the State of Washington by deed recorded under Auditors File No. 5041196; 1 EXHIBITS., thence northeasterly along said easterly margin as described in City of Kent Ordinance No. 1363 to the north line of the southwest quarter of the southwest quarter of said Section 22; thence west along the north line of said subdivision and along the south line of the northeast quarter of the southeast quarter of Section 21, as described in City of Kent Ordinance No. 1002, to the southwest corner of the northeast quarter of the southeast quarter of said section; thence south along the east line of the southwest quarter of the southeast quarter of said Section 21 to the south line of the north 400 feet of said subdivision as described in City of Kent Ordinance No. 1002; thence west along said south line to the westerly margin of Pacific Highway So. (State Road No. 1) (US 99) as described in City of Des Moines Ordinance No. 1166; thence southwesterly along said westerly margin to its intersection with the southerly margin of So. 272nd Street; thence easterly along said southerly margin to its intersection with the easterly margin of Interstate Highway No. 5 (Primary State Highway No. 1); thence north along said easterly margin to the northerly margin of So. 272nd Street; thence easterly along said northerly margin to the Point of Beginning. 2 Proposed Annexation Shown As Shaded Area •••••••••• City Limits LrY 248UlM17'S. S 8 ST f j .. 5 248 ST 5 248 ST "�ffi 5 249 �c S P� �� m Q^ �: PL > P 2�9 9 25 Za 5\ 249 ST T T.i .. s� ¢ C 5 I ��y 9 O i J N ? �' vG c CL 5 250 ST N 5 250 LO Tn: m S N 251 Ln ST Jf G7� '¢ 0 2 5 250 PL ¢ S 251 a- G■ u, in / S 51 T Ni s■■ ■ �I 252 �T N II > ' S 251 PL _ m ■ 5 252 5 � > 5 252 N ` x�vs, r5 252 S 253 ST • JW Z$ :, T ". m,v 5 252 PL ` d ' ■... .� tv i . 5 2 3 m 25 5 254 ST 5 253 PL . S 5 3 T > .! ST w La 253 2� A > " °'� 4N - ,5 vty A' .x I �' a\ d5V 5 5 25Y 5 STY a¢ % / Q \ C\ju„ t/ ,� N ^.M m l I PL N SW25'6 STu % �„r + 5 255 ST v, 5_, PL 2� ��.. vn s .FL s r • L,i J l �¢ � .R�.. ,i 6 .. a 25-, L, C, _ WESr r xi t :■ AL Im zsT st FENWIC,f SCeLE- y� a r __ ••� r PARIf -10 sr i 259 iST •� s z6okE z �GO > 2 5 C 5 260 ST115 >' ., T / 5 261 ST —4% 3 I� LzI S� 261 PL 5 262 ST ' yr ��� 5 252 ST Y� T W > kT 5 263 L c ✓ ' ay�X.5 264 ST x}` ml i Ja:j > i �' ' x. _ 5 64 SCA 5T WIC 1 [ W 265 A�_ J '^ �T♦/POL lCEI a-: `_' STAPT FOq /C i.O � -1Ri�iP I I 2 i,�A 0 Q. 5 256 nrs be j .i $TA. 73� i s Q. K, y 1 PL ' x, GL ENN C"BRIDGE CU vyV 4, NELSON fOTE.Y zv .as,.r 1 ■ �K C9NiER- JR. .Yi Gr 7 c5 T. / %5 Q s, M 6UAT LN V1 $�a rod` % ° - r� �` � . 5 �r,8 ST d .T26 PL 'd gem. 269 ST �g O RIP 5 269 = ' ST. u_■cn ST EL ENEN nqR, z. x 270 .ST N> nl 270 aST zp 27 ct a to y 27t- 57 y °+�„ "' • uJ _ � S 27I '" • 272' m ■ EDERAL WAY CITE'/LIMITS Vicinity leap EXHIBIT 13 CITY OF KENT DELMAR ANNEXATION FOR THE YEAR 1997-SLY MONTHS Total Acres 16,110 578 Total Number Of Parcels 16,555 594 Total Number Of Res Units 25,363 U I,m Total Estimated Population 60380 P 4,000 Total Assessed Valuation 4,942360,082 A 114,339,144 CR1M. CITY WIDE GENERAL C1P STREET JUSTICE STORM WAT OTHER REVENUE: BUDGET FUND FUND FUND FUND FUND FUND FUND TOTAL Prop.Tax Q 2.84008(1) 12,717,322 A Voted Excess Levy Q.36276(1) 1,624,368 A 205 Prop.Tax-Annexed Street Q1.73594 95,205 05,677 Sales Tax(2) 14,464357 O 79,258 26,419 159,837 Utility Tax(3) 539"" U 59,837 54,307 Utility Tax-Environmental(3) 270,018 U 4,956 5,956 Utility Tax-Youth Teen Center(3) SM435 U 15,956 19,946 Utility TaxStreet 1%(3) 1,709,113 U 19,9." 19,946 Special Assessments 1,166,901 7 094 1,084 Rail Estate Excise600+� A Gambling and Leasehold Taxes 439,000 13,708 Business Licensesand Permits 1,161,062 A 13,708 Grants 1,023,732 Sate Shared Revenue(4) 3,235,149 P 19,760 30,000 360 50,120 Local Sales Tax Criminal Justice 802.010 P =139 22,138 Fire Insurance Premium Tau. 106,380 Fire Protection District A37(5) 2,419,146 A JaillInargoveromenal Revenue 1,934,760 000 King County Medial Service Levy 664,517 10,000 30, 36 Fine and ForForfeituresr 918,855 P 30,436 0,436 Parks 2305,916 Miscellaneous Fees(6) 618,112 O 7,726 7,726 Interest Income•Ge seral and Others 3,986,511 Water Utility 6,069,981 Sewer Utility 11,455,105 22,156 22,156 Drainage Utility(') 5,995,627 O Drainage Buin Adjustment Golf 2,596,628 Other Revenues 2,239,625 Estimated Total Revenue 86,284,020 220,725 33,503 145,151 22,498 22,156 20,263 464,296 EXPENDITURES: FT RPT General Government(8) 6,722,670 3.00 (1-60) 36,132 16A" 52'996 Public Safety(9) 28,498,415 11.00 154,304 36,960 22,498 213,762 Public WorksiStreet(10) 7,891,659 1.00 35,000 10,000 80,730 2,600 4,307 132,07 Leisure Services(ll) 6,166,115 1.00 28,915 15,956 44,871 Planning and Code Enfonament(12) 2381,647 1.00 30,795 37,150 67,945 Debt Service 10,903,013 Water Utility -5,773,410 Sewer Utility 13,779,510 Drainage Utility(10) 7,036,052 Golf 2,081,334 Estimated Total Expenditure 91,233,825 17.00 (1.60) M146 $4,110 80,730 22,498 19364 20,263 512,111 Transfer(In)Out (64,421) 64,421 Fund Balance (50,607) 2,792 (47,3M Net Impact Income(Loa)&Net FTE 15.40 P."NE=Et.MA976.WB1 22-May-97 EXH 1 B IT A _r A CITY OF KENT DELMAR ANNEXATION-NOTES FOR THE YEAR 1M-SIX MONTHS I)PROPERTY TAXES: - Assessed Valuation 114,138,144 114a38,141 Less Tax Exampt Properties 4,657,100 052,100 Less Senior Reduced Rate Property 800267 WA Adjusted Assessed Valuation 108,885,677 109,68044 Excess Lett'Assessed Valuation •.007 Average Per County Records Regular Levy: Adjusted Assessed Valuation Multiplied By The Regular Levy Rate Divided By 1000. 94,510 Regular Senior Reduced Levy: Senior Assessed Valuation Multiplied By The Senior Levy Rate Divided By 1000. 6" Voted Excess Levy: Excess Levy Assessed Valuation Multiplied By Excess Levy Rate Divided By 1000. NA Total Property Tax 95,205 2)SALES TAX: Estimated Fmv Of Construction 400,000 Estimated Number Built 3 Total Value Per Year 1,200,000 Local Sales Tax Rate 0.8415% Sales Tax From Construction 10,098 Sales Tax From Annexed Businesse 95,579 105,677 3)UTILITY TAX: Estimated 3.00% 3.00% 0.30% 1.00% _. Avenge Billing General Environment TM Street Total Drainage 42,268 1,763 338 423 2,029 Electricity 1210,605 3018 9,685 12,106 Al" Garbage 143,550 4,307 4,307 1,148 1,436 11,198 Sewer NA 785 3981 28,710 Telephone 598,125 17,941 4. Water NA 1,994,548 59,837 4,307 15956 19946 100,046 4)STATE SHARED REVENUE: Amount Criminal Per General Street Justice Total Person Mobile Trailer And Camper Tax 280 230 0.02 Motor Vehicle Excise Tax 11,360 11,360 0.71 Liquor Excise Tax 2,880 2,880 0.18 liquor Profits Tax 5240 5,740 0.33 Local Vehicle License Fee 3,230 8280 M2 Motor Vehicle Fuel Tax-Streat 14,300 14,800 0.93 Motor Vehicle Fuel Tit:-Arterial 020 6920 0.43 Criminal Justice Funding 360 360 0.02 19.760 30,000 360 50.120 3.13 5)FIRE PROTECTION DISTRICT 039: Proposed Annexation Assessed Valuation Divided By 1000, Multiplied By County Rate,Multiplied By Ninety Percent. 6)MISCELLANEOUS FEES: Budget Planning And Engineering Misc.Fe 59%008 General Government Misc,Fees 20,104 619,112 Planning: Proposed Assessed Valuation Divided By Total Assessed Valuation Multiplied By Budgeted Planning And Engineering MisceWneoaa Revalues. 7,060 General Government. Proposed Population Divided By Total Population Multiplied By General Government Miscellancous Revenues. - 6" 7,726 ���sss //'` P:WNNEXIDELMA976.WBl 22-LtayA raj.7 4 7)DRAINAGE UTILITY: Residential: Residential Units Multiplied By Basie'W Mootbly Charge Multiplied By Six. Commercial Dtaiaage Charges 22.156 .. Total Drainage � W56 8)GENERAL GOVERNMENT: Allocable To Utilities FTE RPT TOTAL START UP NET ►IRE DATE Utility Baling 1 22,920 22,920 MY97 Reg Pat Time (1) (15,656) (15,656)JMY97 ComptnedDesk 3,650 3.650 Operating Costs 5930 5930 Drainage I (1) FTE&RPT 16,864 3.650 13314 Drainage Net 1 FTE NET Allocable To Finance 23,111 R1LY97 Businm Li-, Full That I 23,111 Less Regular Pan-Time (1) (12.787) (12,787)NLY97 ComP WA)Csk 3,650 3.650 OPenting Cis 4312 4352 Finance 1 (1) FTEA RPT IE326 3,610 14.676 Finance Net I FIE NET Allocable To Employee Services 9 606 Human Resource Tech I (1) FTE&RPT 9,606 Employee Services Net 0 FTE NET 9.6 16 9•606 Allocable to Administration Maps woo woo Publication 2,500 2,500 Election Cons 3.700 3,200 9,200 2,500 5,700 Other Funds . Debt Service Total General Government 3 (2) FTE&RPT 52,996 9.800 43.1% Total General Gov cm Net � FTE NET (9)PUBLIC SAFETY: Police 116,606 TWOMY97,TWOSEFT97&TWONOV97 S Police OBieewl Sergeant 6 116.606 Opetieglfniuing _ 11,169 11.169 startup Coats 22,200 22.200 n Valley Communication Costs 17,500 17,500 Equipment 11,660 11.660 Equipment Deferred Until Year 2 38,312 Total Police 6 FTE 179.135 72.172 145,273 Fire Fire Fighters 4 SAN98 openers Costs - Start Up Costs/Uniformu'Radios Administrative Sec 2 1 22,127 2ZI27 M,Y97 Valley Communication Costs 7.500 7,500 Operating 1.900 1,900 Composer 3,100 3,100 Total Fire 5 FTE 34,627 3,100 31.327 TOTAL PUBLIC SAFETY 11 213,762 73,272 176.03021 P.OWNEWEL MA976.WB122AtayA7 (10)PUBLIC WORKS: Street General Fund Sweeping Coovact 2.500 2,5W Operating Costs 5,000 5,000 TmfSc ControllSignal Mainz 7,500 7,500 Sign 10,000 10,000 Sheer Lighting 20,000 20,000 Transfa to General Fund 45,000 10.000 35.000 Staves Reserve for Cap Imp. 90,730 90,730 Sew 80.730 80,730 Total Street And GF Transfer 125,730 10,000 115.730 Storm Drainage 1AN98 MWII 1 Operating Cis 2,500 2,500 Reserve for Cap.bmp. 1 FTE 2,500 2,500 EwArtn mental Opexanng Cis 4,307 4.307 Reserve for Cap.Imp. 4,307 4.307 Total Public Works 1 FIE 132.537 10,000 122.537 (11)LEISURE SERVICES: Fadities/Mainteamcc Worker 11I 1 22,915 n w NLY97 Operating Cost 15,956 15,956 52.00 Per Person For The Arts 4,000 4.000 - Brochures 2.000 2,000 Total Leisure Services 1 FTE 44,871 44,971 (12)PLANNING Plauner, 1 27.098 27.088 1DLY97 Comm 34,050 34,050 1%For Human Scrvim 2,207 2.207 Operating Costs 1.500 1,500 Equipment 3.100 3,100 I FTE 67,945 37.150 30,795 OVERALL 16 FTE&RPT 512,111 OVERALL NET �FTENET . P.WMMOEtA4M'M.WB122dtry-g7 444 1• /1 CONSENT CALENDAR 3 . city council Action: i Councilmember moves, Councilmember seconds that Consent Calendar Items A through K b approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 20, 1997, and correction of Item 3B in the minutes of May 6, 1997 , as follows: The date shown for "Approval of checks issued for vouchers" should be April 15, 1997 , rather than April 1, 1997 . 3B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on April 30, 1997 and May 15 , 1997 , after auditing by the Operations Committee on May 27 , 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/97 183330-183637 $ 552 , 274 . 24 4/30/97 183638-183990 1, 652 , 592 . 74 $2 , 204 , 866. 98 5/15/97 183991-184220 $ 785, 306. 84 5/15/97 184221-184247 1 , 445 ,747 .20 $2 , 231, 054 . 04 $4 ,435, 921. 02 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 1997 : Date Check Numbers Amount 5/20/97 Checks 219695-220070 $ 261, 832 . 70 5/20/97 Advices 45917-46442 $ 654 , 685. 57 $ 916, 518 . 27 Council Agenda Item No. 3 A-B Kent, Washington May 20, 1997 Regular meeting of the Kent City Council was called to order at 7 :00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, and Parks Director Hodgson. Council President Houser was excused from the meeting. Approximately 25 people were present at the meeting. The flag salute was led by Girl Scout Troop 1552 . PUBLIC Stand for Healthy Children Day. Mayor White read COMMUNICATIONS a proclamation declaring June 1, 1997, as Stand for Healthy Children Day in the City of Kent. He noted that caring for the health of children must be top priority for families, communities, and the nation. He also noted that the commitment must begin at the local level where all citizens working together can make a difference in the lives of children. The Mayor encouraged Kent citizens to get involved and support efforts to improve the health and quality of life for all children. CONSENT BENNETT MOVED that Consent Calendar Items A CALENDAR through P, with the exception of Item L. be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 6 , 1997 . HEALTH & (CONSENT CALENDAR - ITEM 3D) SANITATION Harvest Industrial Park. AUTHORIZATION to accept the bill of sale for Harvest Industrial Park sub- mitted by Opus NW L.L.C. for continuous operation and maintenance of 985 feet of watermains, 362 feet of sanitary sewers, 10 feet of storm sewers, and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at West Valley Highway & 70th Avenue South. PUBLIC SAFETY (OTHER BUSINESS - ITEM 4C) Criminal Code Amendments. RCW 39.34 . 180 requires cities such as the City of Kent to prosecute all misdemeanor and gross misdemeanor offenses whether filed under state law or city ordinance. This has resulted in the City' s inability to file charges in the King County District Court for certain offenses occurring within the City which constitute a violation under state law, but not 1 Kent City Council Minutes May 20, 1997 PUBLIC SAFETY under the City's criminal code. The proposed emergency ordinance adopts numerous provisions of the Revised Code of Washington and repeals cer- tain City criminal code provisions that duplicate state provisions adopted in this ordinance. The emergency ordinance would allow for immediate enforcement of the ordinance. The adoption of this emergency ordinance requires a unanimous vote of the City Council. Assistant City Attorney Brubaker explained that the City of Kent has jurisdiction over mis- demeanor and gross misdemeanor crimes but some of these crimes, in the past, were charged under the State Law (RCW) and filed through the Aukeen District Court run by King County. He further explained that a recent change in State Law requires that the City charge, prosecute and incarcerate all offenders of misdemeanor and gross misdemeanor crimes. He explained that, when putting the ordinance together, there was a conflict between some RCW' s adopted and a couple of existing City ordinances that should have been repealed but that the changes are now included in the corrected ordinance pages given to Council. Brubaker noted that this ordinance has been established as an emergency ordinance because it poses an immediate threat to the public health and safety, and without passage it will inhibit the officers from charging for all the crimes that need to be prosecuted. He clarified that even though this is an emergency ordinance, it may not necessarily require unanimous passage by the State but that the recommendation is to pass it unanimously. BENNETT MOVED to adopt Ordinance No. 3350 as an emergency ordinance amending the Criminal Code and other related provisions. Orr seconded and the motion carried unanimously. PLATS (CONSENT CALENDAR - ITEM 3H) Meridian West Preliminary Plat. AUTHORIZATION to set June 3 , 1997, as the date for a public meeting to consider the Hearing Examiner's recom- mendation for a preliminary plat application filed by Wally and Anne Mseitif for the Meridian West Preliminary Plat. This plat is 4 . 86 acres in size, consists of 25 single family lots, and is located adjacent to 132nd Avenue SE, between 263rd and 266th Streets. 2 Kent City Council Minutes May 20, 1997 PLATS (OTHER BUSINESS - ITEM 4A) Hillside Manor Preliminary Plat. This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Leonard Stanley and Robert Bennett for a 23-lot single family residential pre- liminary subdivision. This plat is 4. 3 acres in size and is located at 24411 98th Avenue S. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of approval of Hillside Manor Preliminary Plat. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Singh Preliminary Plat. This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Shupe Holmberg, agent for H. Singh and S. Ram, for a 2-lot single family residential preliminary subdivision. This plat is .96 acres in size and is located on the south side of SE 244th Street, approximately 600 feet east of 104th Avenue SE. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of Singh Preliminary Plat. Woods seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 3C) Van Doren's Landing Building J Rezone. ADOPTION of Ordinance No. 3349 rezoning Van Doren's Landing Building J. This rezone was approved on May 6, 1997. The property is located at 22815 West Valley Highway. ANNEXATION (CONSENT CALENDAR - ITEM 3P) (ADDED BY OPERATIONS DIRECTOR MCFALL) Del Mar Annexation. SET June 3 , 1997, as the date for a public hearing on the Del Mar Annexation. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Rent School District Wetland Mitigation. AUTHORIZATION to direct staff to establish a budget for $495, 216 received from the Kent School District as a wetland mitigation fee and deposit same into the Green River Natural Resource Enhancement Project Fund (D36) , as recommended by the Public Works Committee. 3 Kent City Council Minutes May 20, 1997 PUBLIC WORKS (CONSENT CALENDAR - ITEM 30) House Relocation Contract. CONFIRM and RATIFY the Public Works Director's award of the house moving contract for Public Works to Emerald City Building, in the bid amount of $93 , 000, as recommended by the Public Works Committee. HAZARDOUS (CONSENT CALENDAR - ITEM 3E) WASTE Ring County Hazardous Waste Management Plan. AUTHORIZE the Mayor to endorse, by letter, those comments on the County' s Draft Hazardous Waste Management Plan as submitted by the Public Works Department, and as recommended by the Public Works Committee. The City requested that the Plan be amended to include siting of additional permanent household hazardous waste collection facilities, as recommended in the 1990 Plan, to include a location serving the citizens of South King County. RECYCLING (CONSENT CALENDAR - ITEM 3F) Department of Health Grant Agreement Special Recycling Events. AUTHORIZE the Mayor to sign the Department of Health Grant Agreement for two special recycling events, and direct staff to accept the grant and establish a budget for $27, 014, as recommended by the Public Works Committee. PARKS & (CONSENT CALENDAR - ITEM 3I) RECREATION Washington Athletic Club Donation. ACCEPTANCE of a treadmill, valued at $3 ,500, which was donated to Kent Commons Athletic Center by the Washington Athletic Club. (CONSENT CALENDAR - ITEM 3J) IAC Grant Application Submittal. ADOPTION of Resolution No. 1491 authorizing submittal of three IAC grant applications to the Interagency Committee for Outdoor Recreation for the following priority projects which are eligible for statewide grant funds: 1. Phase I: development of Salt Air Hills Park. 2 . Acquisition of land in the valley floor for ball field development. 3 . Acquisition of land for wetland preservation/wildlife habitat. 4 Kent City Council Minutes May 20, 1997 PARKS & (CONSENT CALENDAR - ITEM 3K) RECREATION CDBG Application Sp ringwood Park. AUTHORIZATION to submit the CDBG application for funding trail repairs at Springwood Park. The Springwood Park asphalt trail was damaged during the storms in February of 1996. FEMA funds did not cover the cost of repair. A CDBG would cover these costs. (CONSENT CALENDAR - ITEM 3L) (REMOVED BY COUNCILMEMBER WOODS) CDBG Applications Turnkey Park/Russell Road. This item was removed from the agenda by Councilmember Woods because it does not require approval to go forward but will require approval when it returns. (CONSENT CALENDAR - ITEM 3M) IAC Grant Land Acquisition Budget. ACCEPT and AMEND the land acquisition budget in the amount of $479,443 , and AUTHORIZE the Mayor to sign the IAC grant contract. In 1996, staff was awarded an IAC grant to purchase 13 . 1 acres in King County to expand an existing site destined to become a community park for the City of Kent' s East Hill Neighborhood. (CONSENT CALENDAR - ITEM 3N) Linda Heights and Garrison Creek Contract. AUTHORIZATION for the Mayor to sign a consultant contract with Bruce Dees and Associates to pre- pare construction bid plans and specifications and perform related work as outlined in the scope of work for Linda Heights Park and Garrison Creek Park. Budgets for both projects were included in the supplemental CIP budget approved May 6, 1997. The Master Site Development Plan for Linda Heights Park was approved on May 21, 1996 and for Garrison Creek Park on August 20, 1996. FINANCE (CONSENT CALENDAR - ITEM 3B) _Approval of Bills. No checks were approved because of schedule changes. Approval of checks issued for payroll for April 16 through April 30, 1997 and paid on May 5 , 1997 : Date Check Numbers Amount 5/5/97 Checks 219341-219694 $ 245,380.76 5/5/97 Advices 45388-45916 630 , 801.29 $ 876, 182 . 05 5 Kent City Council Minutes May 20, 1997 REPORTS Public Works Committee. Clark noted that the next meeting will be held tomorrow at 3 :30 p.m. He also noted that the next Regional Telecommunications Meeting will be held on Thursday at 3 : 00 p.m. for anyone wishing to attend. Planning Committee. Orr noted that the next meeting will be held on June 17th at 4: 00 p.m. Administrative Reports. Mayor White announced that there are two openings on the Bicycle Advisory Board and asked Council to submit any nominees they may have who are interested in serving on this Board. ADJOURNMENT The meeting was adjourned at 7 : 13 p.m. / ,.- 'J", Donna Swaw Deputy City Clerk 6 Kent City Council Meeting Date June 3 , 1997 Category Consent Calendar 1. SUBJECT: SOLE SOURCE VENDOR FOR PROTECTIVE CLOTHING (FIRE) - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Fire Department to proceed with sole vendor purchase of replacement protective clothing (bunker gear) from Securitex, Inc. over the next four (4) years, with funding coming from the department's annual budget. Staff will annually monitor the protective clothing market to determine if acceptable alternatives become available for further evaluation. After analyzing current available equipment, it has been con- cluded that Securitex is the only product on the market that meets performance requirements and safety standards of the Fire Department. Although the Securitex brand is $33 . 73 more than the other brand which met required standards, except dura- bility, it is staff' s opinion that the added cost would be well offset by minimizing replacement and repair. The replacement of the protective clothing will be phased in over a four (4) year time span working within the existing budget at an estimated cost of $50, 000. 00 a year. 3 . EXHIBITS: Executive summary 4 . RECOMMENDED BY: Fire Department Protective Clothina staff, Fire Administration Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Funded within existing clothing budget, sub 'ect to inflationary ad 'ustments 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C EXECUTIVE SUMMARY JUNE 3, 1997 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT HOUSER, COUNCILMEMBERS BENNETT, WOODS, CLARK, ORR, JOHNSON, AND EPPERLY ,�!� FROM: NORM ANGELO, FIRE CHIEF f Q DALE ROBERTSON, BATTALION CHIEF/"B" SHIFT RICK COX,-FIREFIGHTER/PROGRAM MANAGER SUBJECT: PROTECTIVE CLOTHING PROGRAM SUMMARY The current protective clothing that the Kent Fire Department is using needs to be upgraded because of advancement in technology and safety standards. The newer generation of protective clothing implements safer features and the current outer shell material is no longer available to purchase. The goal of the protective clothing program is to find and purchase safe and dependable protective clothing for the performance of emergency operations. We have reviewed and tested several products that are available and our search has led us to the Securitex Ultralite SMS series as an acceptable replacement for our current protective clothing needs. Replacement of all uniformed members' protective clothing would continue under our current cycle. This means the newer generation protective clothing would be phased in as the older generation gear is retired due to contamination, damage or age. Back;ound/Introduction: The protective clothing program of the Kent Fire Department is currently managed at Station 76, "B" Shift. The lead person for the program is Rick Cox who is assisted in the distribution of protective clothing by other members of Station 76. The program is set up so that there is sufficient stock on hand to fulfill the minimum replacement requirements of protective clothing for members of the Kent Fire Department. This encompasses the keeping of records of protective clothing issuance, an inventory of clothing that ensures all members have three (3) sets (due to the time needed to order protective clothing), and monitoring of technology and new innovations in the protective clothing field. The protective clothing program of the Kent Fire Department has been served well by Securitex, Inc. for approximately the past twelve years. When the Kent Fire Department decided to examine new bunker clothing a number of years ago, an extensive study was conducted. We chose a leader in the field of protective clothing, Securitex. The durability and quality of the bunker clothing and the quality customer service we have received from Securitex has been excellent. In the past year and a half, the protective clothing program has become aware that the nomex filament that we are currently using as an outer shell material is no longer being manufactured for this purpose by the textile mills. The reason the material has been discontinued is the lack of demand and the advancement in technology with new materials. Mayor White, Councilmembers June 3, 1997 Page 2 We have examined the bunker clothing of several manufacturers that have applied new material and technology to the design of their bunker clothing. With the unavailability of our current bunker material, we must decide the direction that the Kent Fire Department will go to ensure safe and dependable protection for its members. Specifications: The protective clothing program has determined requirements for the purchase of future bunker gear research and actual testing. First, the gear will be lighter in weight than what has traditionally been used. Second, we will move away from a non-breathable moisture barrier and require that a breathable moisture barrier be used. Third, the bunker gear will have improved freedom of movement. Fourth, reduction of retained body heat through the elimination of the bib pants. Fifth, the gear must meet all NFPA and WISHA standards. Sixth, the protective clothing that we purchase will be of good quality and durability. The protective clothing program realizes that not all manufacturers can meet the above demands, so we are in search of an ensemble of protective clothing that will best meet our needs. There were only two (2) vendors who could meet the total specified ensemble. We tested both. gam: The protective clothing program field tested bunker clothing that was manufactured by Lion Apparel. This clothing also used new material and technology in their development. During the testing period and interviews with other departments that have used the same style of outer shell, a concern was raised about the durability and quality control of the garment. We experienced the loss of buckles from both sets of pants in the first few months. Another department had also experienced poor quality in the sewing of seams of the bunker clothing requiring repair when it was new. This had resulted in bunker clothing that was out of service when it should have been issued to firefighters. With this information, the field testing of the Lion Apparel has been suspended. Another brand of protective clothing we tested was manufactured by Securitex, Inc. Securitex, Inc. has developed the Ultralite SMS series of bunker clothing that has implemented new materials (nomex/kevlar multi-filament blend), and technology (breathable moisture barriers and lighter thermal protection) that will make the firefighters safer and more comfortable when performing their duties. The clothing has been proven to be a quality product through interviews with surrounding fire departments and departments in the Portland, Oregon area as well as a repair facility in Oregon that repairs many styles of protective clothing. The Kent Fire Department has also purchased four (4) sets of the Ultralite SMS bunker clothing for testing. This clothing, through testing, has proven its durability, ease of movement, and comfort that is essential to performing safely at an emergency scene. Finally, Securitex, Inc. has been a reliable manufacturer that has provided a high quality of protective clothing and customer service for the Kent Fire Department. Mayor White, Councilmembers June 3, 1997 Page 3 There are several reasons that the Ultralite SMS manufactured by Securitex, Inc. will improve freedom of movement, reduce fatigue, and improve the comfort of firefighters at an emergency scene; which in turn makes the fire scene safer: ✓ Less weight: technology has produced lighter materials that provide thermal protection as well or better than more traditional clothing. This will reduce the weight that a firefighter must carry while working at an emergency scene. ✓ Breathable moisture barriers: this style of moisture barrier allows heat and moisture generated by the wearer to move away from the body. The bunker clothing will also be able to dry in a matter of hours instead of days when it has become wet. This will reduce heat related fatigue and stress that is a common dilemma at the emergency scene. ✓ "Slick" liners: the slick liner is a new innovation that is made with nomex filament and has a slippery feel to it. This liner allows for a greater ease of movement that benefits the wearer. The liner has eliminated the need for bib pants, but still allowing for a short coat. This is accomplished because the coat does not rise when the arms are lifted, exposing the firefighter. This will reduce the weight of the clothing and heat retention which translates to less fatigue for the firefighter. Implementing the Ultralite SMS in future purchases, the firefighter's overall safety will be improved through the freedom of movement, reduction of heat related stress, and improved comfort while performing at emergency scenes. Therefore, it is our recommendation that all future purchases of bunker clothing be the Ultralite SMS series manufactured by Securitex, Inc. because it best meets the requirements that we have set for protective clothing. The protective clothing program believes this bunker clothing will be a prudent choice for the members of the Kent Fire Department. Significance: There is a necessity to make a timely decision so that bunker clothing can be purchased and received in a timely manner. As we have been researching and testing new protective clothing, which started in the fall of 1995, our stock has fallen below the minimum requirements. With the purchase of the Ultralite SMS clothing to replace our current supply of bunker clothing, as it is retired from service, we will be providing a safer environment for our firefighters as well as a durable product that the Kent Fire Department can rely on. Uniform Distribution: The goal of the protective clothing program is to maintain two (2) sets of bunker clothing and a replacement set from the stock on hand for all uniformed members of the department. Mayor White, Councilmembers June 3, 1997 Page 4 All uniformed personnel currently carry two (2) sets of bunker clothing with them while they are at work for health and decontamination reasons. The Zone 1 personnel carry their third set of bunker clothing with them so that they also can be called in from off duty and have all their protective clothing. Recommended Action: The protective clothing program believes the Securitex SMS protective clothing is a prudent choice for the Kent Fire Department and recommends that it be purchased under sole source authorization. The clothing complies with the most current NFPA Standards and Washington State Vertical Standards for Firefighters. This is requested because of the durability and superior qualities of the Securitex SMS, and also the unacceptable performance of other products currently available. Alternatives: The alternative to sole source purchasing of the Securitex SMS would be to go to bid for protective clothing. This could result in the purchase the Lion Apparel protective clothing. We anticipate this would result in a lessor quality of clothing that may need repairs sooner or require earlier retirement. In the beginning it may be cheaper, but in the long run the costs will be higher due to replacing clothing sooner. BudgetImpact: The phase in of the Securitex SMS protective clothing will be implemented over a number of years as clothing is retired. The protective clothing program will try to perform this within the annual budget as much as possible. As necessary, budget adjustments would be requested if the annual budget was unable to cover the costs. Pricing: The current pricing of protective clothing for an order of 25 sets of gear with flashlight pockets and microphone label loops is as follows: Securitex SMS Lion Apparel Rebound $849.73 $816.00 Recognizing that there is a $34.00 difference on price quotes, it is our conclusion that, based on our research, the required repair and maintenance for the Lion brand would exceed the initial price significantly. We estimate spending approximately $50,000.00 from our annual budget on this type of protective clothing. tcn Kent City Council Meeting Date June 3 , 1997 Category Consent Calendar 1. SUBJECT: STREET LEGAL DRAG RACING PROGRAM - SET BUDGET AND AUTHORIZE EXPENDITURES 2 . SUMMARY STATEMENT: Approval to set up a budget account for the Street Legal Drag Racing Program and authorization for expenditures to be made. The Kent Police Department has entered into a partnership with Seattle International Raceway (SIR) to promote Street Legal Drag Racing. This program allows for the opportunity to compete with another driver and vehicle in a safe and con- trolled environment, and will hopefully help to move this type of racing from the street to the track. All operating expenses for the Street Legal Drag Racing Program will be covered by donations received from local sponsors. In conjunction with these activities, staff plans to sell team t-shirts and other promotional items to help support the program. 3 . EXHIBITS: Program summary 4 . RECOMMENDED BY: Staff & Public Safety Committee 5/20/97 (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Donations and Fundraising 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3D To : Public Safety Committee From: Lt . W.H. Mitchell, Police Department . Subject : Street Legal Racing Program. Date : 05/16/97 The Kent Police Department has entered into a partnership with Seattle International Raceway (SIR) to promote Street Legal Drag Racing. SIR has seventeen events scheduled May 7th. through Aug. 27th. for Street Legal Racing. All dates are on Wednesday nights with the exception of the annual High School Drags to be held on Friday, May 9th. This class of racing targets the young enthusiast who wants to know how his or her vehicle will perform in a measured quarter mile . It also allows for the opportunity to compete with another driver and vehicle in a safe and controlled environment . KPD is very much in favor of SIR' s program to move this type of racing from the street to the track . KPD will be supporting Street Legal Racing in a number of ways . First , we will be racing our own 1988 Corvette in the Street Legal class at all seventeen events . A group of interested officers has formed the Kent Police Racing Team and it will be their task to keep the car running and present at each event . The Corvette is a drug seizure vehicle and the officers are donating their time . The Corvette will be clearly marked as a KPD vehicle, light bar included, and will carry the names of all businesses supporting our effort . The officers. accompanying the car to the track will wear jackets and shirts identifying them as Kent Police Racing Team members . They will work to get the message across that the track is the safe place to race, not the street . They will also promote safe, legal driving where alcohol and other drugs do not belong. This will be the first time in the history of the department a police vehicle will be raced at a local drag strip . The potential of the program is unlimited at this point . Aside from racing, the car can be used in numerous ways in support of community education programs . We have already received requests for appearances at one of our sponsor' s events and possible use in the Special Olympics Torch Run. The car will be on display during Cornucopia Days with our Public Education Unit as well as the City' s annual open house . All operating expenses would be covered by donations received from local sponsors . In conjunction with these activities we would also like to consider the sale of team t-shirts and other promotional items . The money raised would be used to support the program. This will be our first effort at this type of program and we feel that it is way overdue . SIR offers a first class National Hot Rod Assoc . sanctioned racing facility in our own back yard and we feel it can be put to good use in a program such as this . Contact persons : Dave Santos, 859-3303 , or Bill Mitchell , 850-4786 . Kent City Council Meeting Date June 3 , 1997_ Category Consent Calendar 1. SUBJECT: TRANSIT ADVISORY BOARD - APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment of Bill Boyce to serve as a member of the Kent City Transit Advisory Board. Mr. Boyce is a Kent resident, serves as a member of the Kent School Board and is a Kent Rotarian. He feels that with the growth the City has experienced, transportation issues will play a major role in the next few years and he feels he can bring a new perspective to the Transit Advisory Board. Boyce will replace Rick Wellenberger, whose term expired, and his new appointment will continue until 4/30/99 . 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Mayor White (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. 3E MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: MAY 27, 1997 SUBJECT: APPOINTMENT TO KENT CITY TRANSIT ADVISORY BOARD I have appointed Mr. Bill Boyce to serve as a member of the Kent City Transit Advisory Board. Mr. Boyce is a Kent resident who is employed as a Compensation Manager at the Boeing Company where he has worked for 17 years. He is a member of the Kent School Board and is a Kent Rotarian. As the City continues to grow, Mr. Boyce feels that transportation issues will play a major role in the next 3 to 5 years and he feels he can bring a different perspective to the Transit Advisory Board. Mr. Boyce will replace Rick Wellenberger, whose term expired, and his appointment will continue until 4/30/99. 1 submit this for your confirmation. JWJb Kent City Council Meeting Date June 3 . 1997 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD (TIB) GRANT - AUTHORIZATION AND ESTABLISHMENT OF BUDGET 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the TIB Grant Agreement in the amount of $2, 059, 200 for the construction phase of the 196th Street Corridor project, and direct staff to accept the grant and establish a budget for same. 3 . EXHIBITS: TIB Agreement, Public Works Committee minutes, 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 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: - Council Agenda Item No. 3F Transportation Improvement Account (TIA) V� Project Agreement for Construction Proposal Lead Agency City of Kent Project Number Authority Number 9P-106(002)-2 9725019P Project Title &Description 192/1961200 Streets -stage 2 Green River Bridge to West Approach Total Amount Authorized Authorization to Proceed Effective From $2,059,200 May 7, 1997 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project. it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the construction proposal as defined by Chapter 167. Laws of 1988. If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD Signature of Mayor/Chairman Date Executive Director Date TIB Grant - 196th St. Corridor - Wickstrom noted that this is an acceptance of a grant we received from the Transportation Improvement Board for the 196th St Corridor. The grant is $2,059,200 and is for the construction phase of the Corridor project. Wickstrom noted that right now we have a fill contract subject to working out the details with the property owners but we have secured all the permits. We are bidding the bridge right now. That will be awarded in July which is a big element of this project. This bridge is for the Green River; that will tie West Valley to Orillia Road; we still have to do the road portions. Wickstrom said the phase we are working on now and will be under construction this year and next year will be Orillia Road to West Valley Highway. He said that in '98 we may be in a position to do the middle-leg bridge between West Valley Highway and East Valley Highway. Wickstrom said that at the same time we are working on 277th Corridor and hopefully that will be open for traffic in 1999. Wickstrom said that 196th Street between Orillia & West Valley will be the first of our corridor projects to be opened. Committee unanimously recommended authorizing the Mayor to sign the TIB Grant Agreement and direct staff to accept the grant and establish a budget for $2,059,200. Surplus Vehicle - Authorization Wickstrom stated that we have equipment to be surplused based on the condition, age and use of the equipment. We are requesting that this equipment be sold at the next state auction. Committee unanimously declared this equipment as surplus and authorized the sale thereof at the next State of Washington auction. Meeting adjourned: 4:00 p.m. 3 DEPARTMENT OF PUBLIC WORKS May 21, 1997 TO: Public Works Committee FROM: Don Wickstro RE: Transportation Improvement Board Grant We have received a grant of $2,059,200 from the Transportation Improvement Board for the construction phase of the 196th Street Corridor project. We are requesting authorization for the Mayor to sign the Grant Agreement and establish a budget for same. ACTION: Recommend authorizing the Mayor to sign the TIB Grant Agreement and direct staff to accept the grant and establish a budget for $2,059,200. Kent City Council Meeting Date June 3 , 1997 Category Consent Calendar 1. SUBJECT: SURPLUS VEHICLES - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to declare certain Equipment Rental vehicles no longer needed by the City as surplus and authorize the sale thereof at the next State auction. 3 . EXHIBITS: Public Works Committee minutes 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 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G TIB Grant - 196th St. Corridor Wickstrom noted that this is an acceptance of a grant we received from the Transportation Improvement Board for the 196th St Corridor. The grant is $2,059,200 and is for the construction phase of the Corridor project. Wickstrom noted that right now we have a fill contract subject to working out the details with the property owners but we have secured all the pernuts. We are bidding the bridge right now. That will be awarded in July which is a big element of this project. This bridge is for the Green River; that will tie West Valley to Orillia Road; we still have to do the road portions. Wickstrom said the phase we are working on now and will be under construction this year and next year will be Orillia Road to West Valley Highway. He said that in '98 we may be in a position to do the middle-leg bridge between West Valley Highway and East Valley Highway. Wickstrom said that at the same time we are working on 277th Corridor and hopefully that will be open for traffic in 1999. Wickstrom said that 196th Street between Orillia &- West Valley will be the first of our corridor projects to be opened. Committee unanimously recommended authorizing the Mayor to sign the TIB Grant Agreement and direct staff to accept the grant and establish a budget for $2,059,200. Surplus Vehicle - Authorization Wickstrom stated that we have equipment to be surplused based on the condition, age and use of the equipment. We are requesting that this equipment be sold at the next state auction. Committee unanimously declared this equipment as surplus and authorized the sale thereof at the next State of Washington auction. Meeting adjourned: 4:00 p.m. 3 DEPARTMENT OF PUBLIC WORKS May 21, 1997 TO: Public Works Committee FROM: Don Wickstrom RE: Surplus Vehicle Authorization Attached is a list of Equipment Rental vehicles which are no longer needed by the City. As such, we are requesting that they be declared as surplus and sold at the next State auction. ACTION: Declare this equipment as surplus and authorize the sale thereof at the next State of Washington auction. Public Works Operations MEMORAND UVf Phone: 859-3395 Fax: 359-3664 Date : May 14 , 1997 To : Don Wickstrom, Pub c Works Director From: Steve HennesseY et Superintendent � Thru: Eddy Chu, Operations Managerop-11i Subject : Surplus Vehicles Authorization Request I am requesting authorization to surplus the following vehicles that have been replaced with the 97 purchases and are no longer needed by Fleet Services . These vehicles will be sold at the next James G. Murphy Vehicle and Equipment Auction on June 14 , 1997 . UNIT# YR SERIAL# MILEAGE DESCRIPTION #1001 * 87 150047 106, 000 Chevrolet , Caprice sedan #1012 87 259370 66 , 300 Dodge, Aries sedan Needs engine repairs , body & interior needs refurbishing #5388 * 77 188953 59 , 500 Dodge , 3/4 Ton Pickup #6506 83 217254 48 , 250 Chevrolet , Malibu wagon Bcdv needs refurbishing #6507 86 165623 50 , 650 Chevrolet , 3/4 Ton Pickup Heavy use Parks Dept, needs body & motor work #7619 90 852674 71, 350 Dodge, Sprit sedan Heav-, use in Fire Dept & vehicle has been in a malor accident * Meets Fleet Services point system of 20 ( 1.) point per year (1) point per 10K CC : Frank Olson Bill Price Dianne Sullivan Kent City Council Meeting Date June 3 . 1997 Category Consent Calendar 1. SUBJECT: GROUP HEALTH COOPERATIVE CONTRACT - RENEWAL 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the Group Health Cooperative Contract for 1997 . The overall cost increase for purchasing coverage is approximately 5. 26% over last year. 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Medical Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H CITY OF KENT DATE: May 23, 1997 TO: Council Operations Committee FROM: Becky Fowler, Senior Employee Services Analyst SUBJECT: Group Health Cooperative Contract for 1997 Attached for your review is the Group Health contract renewal for 1997. Group Health is the City's direct service provider,providing coverage to approximately ten percent of our employees. The renewal lists the 1997 State Mandated Benefit Program changes that the City shall be incorporating into our program. The overall cost increase for purchasing coverage from Group Health to the City is approximately 5.26% over last year. The Group Health Program is funded through the City's self- insured program I, hereby, request authorization for the mayor to sign the Group Health Cooperative Contract for 1997. If you have any fiuther questions regarding this program please feel free to contact me directly at 859-65.77. cc: Sue Viseth, Employee Services Director Group Cooperative otPugetSound GROUP MEDICAL COVERAGE AGREEMENT Group Health Cooperative of Puget Sound (also referred to as "GHC" or"the Cooperative") is a non-profit health maintenance organization furnishing health care primarily on a prepayment basis. As a direct service provider, the Cooperative is dedicated to providing to its Members quality health care,including preventive medical services. This Agreement states the terms of enrollment,payment and coverage under which a Group may secure GHC health benefits. The Schedule of Benefits lists the benefits to which those enrolled under this Agreement are entitled. Words with special meaning are capitalized. They are defined in Section I. MEMBERS ARE ENTITLED TO COVERED SERVICES ONLY AT GHC FACILITIES AND FROM GHC PROVIDERS,UNLESS THE MEMBER HAS BEEN REFERRED BY A GHC PRIMARY CARE PROVIDER OR HAS RECEIVED EMERGENCY SERVICES ACCORDING TO SECTION X.I. OF THE SCHEDULE OF BENEFITS. Female Members may see a participating General and Family Practitioner, Physician's Assistant, Gynecologist, Certified Nurse Midwife, Doctor of Osteopathy, Obstetrician and Advanced Registered Nurse Practitioner who provides women's health care services directly,without a Referral from their Primary Care Provider, for medically appropriate maternity care, covered reproductive health services, preventive care and general examinations, gynecological care, and medically appropriate follow-up visits for the above services. If your chosen provider diagnoses a condition that requires more extensive covered care outside the practice scope of your women's health care provider, and requires referral to other specialists or hospitalization,you or your chosen;provider must contact your Primary Care Provider for authorization and care coordination. Women's health care services are covered as if your Primary Care Provider had been consulted, subject to any applicable Copayments and/or Coinsurance as set forth in the Copayments and Allowances Schedule. For more information on women's health care providers, contact Group Health Customer Service Center. Limited direct access to providers within GHC's defined network is also available for manipulative therapy as set forth in Section X.B. 0036900-CO3046 4 GROUP HEALTH COOPERATIVE OF PUGET SOUND By: g /. Ilvl/ Title: Senior Director_Health Insurance Services GROUP City of Kent, #0369 By: Title: This Agreement will become effective January 1, 1997 and will continue in effect until terminated as herein provided for. PA-1133-Basic Agreement 0036900-CO3046 5 Group Health Cooperative of Puget Sound GROUP MEDICAL COVERAGE AGREEMENT Group Health Cooperative of Puget Sound (also referred to as "GHC" or "the Cooperative") is a non-profit health maintenance organization furnishing health care primarily on a prepayment basis. As a direct service provider, the Cooperative is dedicated to providing to its Members quality health care,including preventive medical services. This Agreement states the terms of enrollment,payment and coverage under which a Group may secure GHC health benefits. The Schedule of Benefits lists the benefits to which those enrolled under this Agreement are entitled. Words with special meaning are capitalized. They are defined in Section 1. MEMBERS ARE ENTITLED TO COVERED SERVICES ONLY AT GHC FACILITIES AND FROM GHC PROVIDERS,UNLESS THE MEMBER HAS BEEN REFERRED BY A GHC PRIMARY CARE PROVIDER OR HAS RECEIVED EMERGENCY SERVICES ACCORDING TO SECTION X.I. OF THE SCHEDULE OF BENEFITS. Female Members may see a participating General and Family Practitioner, Physician's Assistant, Gynecologist, Certified Nurse Midwife, Doctor of Osteopathy, Obstetrician and Advanced Registered Nurse Practitioner who provides women's health care services directly,without a Referral from their Primary Care Provider, for medically appropriate maternity care, covered reproductive health services, preventive care and general examinations, gynecological care, and medically appropriate follow-up visits for the above services. If your chosen provider diagnoses a condition that requires more extensive covered care outside the practice scope of your women's health care provider, and requires referral to other specialists or hospitalization, you or your chosen provider must contact your Primary Care Provider for authorization and care coordination. Women's health care services are covered as if your Primary Care Provider had been consulted, subject to any applicable Copayments and/or Coinsurance as set forth in the Copayments and Allowances Schedule. For more information on women's health care providers, contact Group Health Customer Service Center. Limited direct access to providers within GHC's defined network is also available for manipulative therapy as set forth in Section X.B. 0036900-CO3046 4 GROUP HEALTH COOPERATIVE OF PUGET SOUND Title: Senior Director.Health insurance Services GROUP City of Kent, #0369 By: Title: This Agreement will become effective January 1, 1997 and will continue in effect until terminated as herein provided for. PA-1133-Basic Agreement 0036900-CO3046 5 t, GROUP HEALTH COOPERATIVE OF PUGET SOUND CONTRACT REVISIONS Effective 1/1/97 CONTRACT LANGUAGEBENEFIT CHANGE EXPLANATION Signature Page New Contract Officer Signature/Title Edward M.Denning, Senior Director Service Area The definition of Service Area has been revised to include Mason County(see Section I.). COBRA Section IV.has been revised in accordance with the 1997 Federal COBRA regulations. Enrollment and Eligibility Schedule Section IX.B.has been revised and reads as follows: Temporary Coverage for Ineligible Newborns. A child born to a covered Member which does not otherwise qualify as an eligible dependent as set forth in this section will be entitled to the benefits set forth in Section X.from birth through three (3)weeks of age. After three(3)weeks of age,no benefits are available unless the newborn child qualifies as a Dependent and is enrolled under this Agreement. All contract provisions,limitations,and exclusions will apply except Section IV Continuation of Coverage,Conversion,and Transfer. In regard to temporary coverage, continuation of coverage benefits set forth in Section IV. will not apply. This is a clarification in the basic contract: Subscribers and covered dependents who are eligible for Medicare(as set forth below) must,effective the date that Medicare becomes primary payor,enroll in Medicare Parts A&B,and must participate in GHC's Medicare Plan.For purposes of this section, an individual shall be deemed eligible for Medicare when he or she has the option to receive part A Medicare benefits, irrespective of whether the individual elects to enroll in Part B coverage under the Federal regulations. 0036900-CO3046 2 Smoking Cessation A clarification has been made to denote that the Smoking Cessation Program addressees other forms of tobacco. Certificate of Coverage The detailed description of benefits(benefit grid)available to those Members that are Medicare-eligible and still covered under a group contract changed in location. This change in location was prompted by numerous concerns and questions regarding the location of this grid(and questioning of benefits). General Information For Administrative purposes some provisions have been moved to a more appropriate location. Business and Insurance Services Business and Insurance Services and the Information and Service Line have been combined. The new name is Group Health Customer Service Center and the new phone numbers are 901-4636 or 1-888-9014636 for general information and 901-4600 or 1-888-901-4600 for Medicare information. 0036900-CO3046 3 C B. Group Health Cooperative of Puget Sound GROUP MEDICAL COVERAGE AGREEMENT Group Health Cooperative of Puget Sound (also referred to as "GHC" or "the Cooperative") is a non-profit health maintenance organization furnishing health care primarily on a prepayment basis. As a direct service provider, the Cooperative is dedicated to providing to its Members quality health care, including preventive medical services. This Agreement states the terms of enrollment,payment and coverage under which a Group may secure GHC health benefits. The Schedule of Benefits lists the benefits to which those enrolled under this Agreement are entitled. Words with special meaning are capitalized. They are defined in Section I. MEMBERS ARE ENTITLED TO COVERED SERVICES ONLY AT GHC FACILITIES AND FROM GHC PROVIDERS,UNLESS THE MEMBER HAS BEEN REFERRED BY A GHC PRIMARY CARE PROVIDER OR HAS RECEIVED EMERGENCY SERVICES ACCORDING TO SECTION X.I. OF THE SCHEDULE OF BENEFITS. Female Members may see a participating General and Family Practitioner, Physician's Assistant, Gynecologist, Certified Nurse Midwife, Doctor of Osteopathy, Obstetrician and Advanced Registered Nurse Practitioner who provides women's health care services directly, without a Referral from their Primary Care Provider, for medically appropriate maternity care, covered reproductive health services, preventive care and general examinations, gynecological care, and medically appropriate follow-up visits for the above services. If your chosen provider diagnoses a condition that requires more extensive covered care outside the practice scope of your women's health care provider, and requires referral to other specialists or hospitalization, you or your chosen provider must contact your Primary Care Provider for authorization and care coordination. Women's health care services are covered as if your Primary Care Provider had been consulted, subject to any applicable Copayments and/or Coinsurance as set forth in the Copayments and Allowances Schedule. For more information on women's health care providers, contact Group Health Customer Service Center. Limited direct access to providers within GHC's defined network is also available for manipulative therapy as set forth in Section X.B. 0036900-CO3046 4 A GROUP HEALTH CfOOPERATIVE OF PUGET SOUND / / Title: Senior Director.Health Insurance Services GROUP City of Kent, 40369 By: Title: This Agreement will become effective January 1, 1997 and will continue in effect until terminated as herein provided for. PA-1133-Basic Agreement 0036900-CO3046 5 GROUP MEDICAL COVERAGE AGREEMENT Table of Contents I. Definitions II. Dues,Fees and Copayments III. Termination IV. Continuation Coverage,Conversion,and Transfer V. Coordination of Benefits VI. Subrogation VII. Grievance Procedures VIII. Miscellaneous Provisions IX. Enrollment and Eligibility Schedule X. Schedule of Benefits XI. Exclusions and Limitations XII. Claims • Medicare Endorsements • Copayments and Allowances Schedule • Dues Schedule • Service Area Map 0036900-003046 6 Section I. Definitions AGREEMENT: This Medical Coverage Agreement, including the Schedule of Benefits, Enrollment and Eligibility Schedule, Dues Schedule, Copayments and Allowances Schedule, Service Area Map, and Medicare endorsements. ALLOWANCE: The maximum amount payable by GHC for certain Covered Services under this Agreement, as set forth in the Copayments and Allowances Schedule. COINSURANCE: An amount the Member is required to pay for Covered Services received under this Agreement, which is a percentage of the Allowance for such services,as set forth in the Copayments and Allowances Schedule. COPAYMENT: The specific dollar amount required to be paid by a Member for certain Covered Services under this Agreement as set forth in the Copayments and Allowances Schedule. COVERED SERVICES: The services and benefits to which a Member is entitled under this Agreement. DEDUCTIBLE: A specific maximum amount paid by a Member for certain Covered Services before benefits are payable under this Agreement. The applicable Deductible amounts are set forth in the Copayments and Allowances Schedule. DIRECTORY OF SERVICES: A fee-for-service schedule adopted by GHC,setting forth the fees for medical and hospital services not covered by a GHC prepayment agreement. EMERGENCY: The sudden,unexpected onset of a medical condition that in the reasonable judgment of a prudent person is of such a nature that failure to render immediate care by a licensed medical provider would place the Member's life in danger, or cause serious impairment to the Member's health. FAMILY DEPENDENT: Any member of a Subscriber's family who meets all applicable eligibility requirements, is enrolled hereunder,and for whom the dues prescribed in the Dues Schedule have been paid. FAMILY UNIT: A Subscriber and all his/her Family Dependents. GHC DESIGNATED FACILITY: A facility, not including a GHC Facility, which the GHC Board of Trustees has specified to provide health care services to its Members. (See Service Area Map.) Designated Facilities may be changed by GHC upon appropriate notice. GHC FACILITY: A hospital or medical center owned and operated by Group Health Cooperative of Puget Sound. (See Service Area Map.) GHC MEDICARE PLAN: A plan of coverage for persons enrolled in Medicare Part A (hospital insurance) and Part B(medical insurance),or Part B only. GHC PRIMARY CARE PROVIDER: A provider who is employed by or contracted with GHC to provide primary care services to Members and is selected by each Member to provide or arrange for the provision of all non-emergent Covered Services, except for services set forth in this Agreement which a Member can access without referral. Primary Care Providers must be capable of and licensed to provide the majority of primary health care services required by each Member. GHC PROVIDER: The Medical Staff,Clinic Associate Staff,and Allied Health Professionals employed by GHC, and any other health care professional with whom GHC has contracted to provide health care services to persons enrolled under this Agreement, and who at such time is providing services which have been authorized in advance by GHC, including, but not limited to, podiatrists, nurses, physician assistants, social workers, optometrists, 0036900-003046 7 !° JIL psychologists, physical therapists and other professionals engaged in the delivery of healthcare services who are licensed or certified to practice in accordance with Title 18 RCW. GROUP: An empl)yer, union, welfare trust, or association which has entered into a Group Medical Coverage Agreement with GHC. HOSPITAL CARE: Those Medically Necessary services generally provided by acute general hospitals for admitted patients which a GHC Provider has prescribed, directed, or authorized. Hospital care does not include convalescent or custodial care which can, in the opinion of the GHC Provider, be provided by a nursing home or convalescent care center. MEDICAL CONDITION:A medical condition is a disease,an illness or an injury. MEDICALLY NECESSARY: Required for the diagnosis or treatment of illness or injury, as determined by a GHC Provider,and consistent with professionally recognized standards of health care. MEDICARE: The federal health insurance program for the aged and disabled. MEMBER: Any Subscriber or Family Dependent covered by this Agreement. OPEN ENROLLMENT: An annual period, specified by the Group and GHC, during which an eligible person may apply for coverage. PRE-EXISTING CONDITION: A condition for which there has been diagnosis, treatment(including prescribed drugs),or medical advice within the three(3)month period prior to the effective date of coverage, or a condition for which symptoms existed within the three (3) month period prior to the date of coverage and for which a prudent person would have ordinarily sought treatment. REFERRAL: A written temporary referral agreement authorized in advance by a GHC Provider and approved by GHC, which entitles a Member to receive Covered Services from a specified non-GHC health care provider. Entitlement to such services shall not exceed the limits of the Referral and is subject to all terms and conditions of the Referral and this Agreement. SERVICE AREA: Clallam; Island, King, Kitsap, Lewis, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom Counties,and any other areas designated by GHC. (See Service Area Map.) SKILLED HOME HEALTH CARE: Reasonable and necessary care for the treatment of an illness or injury which requires the skill of a nurse or therapist, based on the complexity of the service and the condition of the patient,and which is performed directly by an appropriately licensed professional provider. STOP LOSS: The maximum amount of Copayments,and expenses incurred and paid, during the calendar year for Covered Services received by the Subscriber and his/her Family Dependents within the same calendar year. The Stop Loss amount is set forth in the Copayments and Allowances Schedule. SUBSCRIBER: A person employed by or belonging to the Group who meets all applicable eligibility requirements, is enrolled hereunder,and for whom the dues specified in the Dues Schedule have been paid. URGENT CONDITION: The sudden, unexpected onset of a medical condition that is of sufficient severity to require medical treatment within twenty-four(24)hours of its onset. USUAL,CUSTOMARY,AND REASONABLE: A term used to define the level of benefits which are payable by GHC when expenses are incurred from a non-GHC physician or provider. Expenses are considered Usual, Customary, and Reasonable if (1) the charges are consistent with those normally charged by the provider or 0036900-003046 8 organization for the same services or supplies; and(2)the charges are within the general range of charges made by other providers in the same geographical area for the same service or supplies. Section Ti_ Dues. Fees, and Copayments A. MONTHLY DUES PAYMENTS. The Group shall submit to GHC for each Member the monthly dues set forth in the current Dues Schedule and a verification of enrollment,on or before the due date, subject to a grace period of ten(10)days. Dues are subject to change by GHC upon thirty(30)days written notice. In the event the group increases enrollment at least twenty-five percent (25%) or more through acquisition or merger,GHC reserves the right to require re-rating of the group. B. COPAYMENTS AND COINSURANCE. 1. Copayments. At the time of service, Members shall be required to pay Copayments as set forth in the Copayments and Allowances Schedule. Failure to pay for services and/or Copayments at the time of service may result in a billing fee. Failure to cancel a scheduled appointment at least 24 hours prior to the appointment may result in a billing for the value of the service. Payment of a Copayment does not exclude the possibility of an additional billing if the service is determined to be a non-Covered Service. Total out-of-pocket Copayment expenses incurred during the same calendar year shall not exceed the aggregate maximum amount (Stop Loss) as set forth in the Copayments and Allowances Schedule. Those Copayment categories which apply toward the aggregate maximum amount are set forth in the Copayments and Allowances Schedule. If Copayments have been billed, any applicable billing fees shall not be considered in calculating total out-of-pocket expenses for Copayments made. 2. Coinsurance. Members shall be required to pay Coinsurance for certain Covered Services as set forth in the Copayments and Allowances Schedule. C. SUBSCRIBER'S LIABILITY. The Subscriber is liable for (1) payment to the Group of his/her contribution toward the monthly dues, if any; (2) payment to the Cooperative of Copayments and/or Coinsurance amounts for Covered Services provided to the Subscriber and his/her Family Dependents, as set forth in the Copayments and Allowances Schedule; and (3) payment to the Cooperative of any fees charged for non-Covered Services provided to the Subscriber and his/her Family Dependents. Payment of an amount billed and any applicable billing fee must be received within thirty (30) days of the billing date.Amounts paid for billing fees do not apply toward the Stop Loss. D. SELF-PAYMENTS DURING A STRIKE, LOCK-OUT, OR OTHER LABOR DISPUTE. In the event of suspension or termination of employee compensation due to a strike, lock-out, or other labor dispute, a Subscriber may continue uninterrupted coverage under this Agreement through payment of monthly dues directly to the Group. Coverage may be continued for the lesser of the term of the strike, lock-out, or other labor dispute,or for six(6)months after the cessation of work. If the Group Agreement is no longer available,the Subscriber shall have the opportunity to apply for individual Group Conversion or, if applicable, continuation coverage (see Section IV.), or an Individual and Family Medical Coverage Agreement at the duly approved rates. THE GROUP IS RESPONSIBLE FOR IMMEDIATELY NOTIFYING EACH AFFECTED SUBSCRIBER OF HIS/HER RIGHTS OF SELF-PAYMENT UNDER THIS PROVISION. 0036900-CO3046 9 Section III. Termination A. TERMINATION OF ENTIRE AGREEMENT. This Agreement may be terminated in the following circumstances: 1. Termination on Notice. This is a guaranteed renewable contract and cannot be terminated without the mutual approval of each of the parties except as set forth below(subsection 2.and 3.). 2. Nonpayment. Failure to make any monthly dues payment in accordance with Section II.A. shall result in termination of this Agreement as of the due date. 3. Misrepresentation to Obtain Insurance. Group Health Cooperative may terminate this Agreement upon written notice in the event of material misrepresentation, fraud, or omission of information in order to obtain Group Coverage. 4. The Group may terminate this Agreement by giving thirty(30)days written notice to GHC. B. TERMINATION OF SPECIFIC MEMBERS. This Agreement may be terminated as to a specific Member for any of the following reasons: 1. Lcss of Eligibility. If a Member no longer meets the eligibility requirements set forth in Section IX.B.,and is not enrolled for continuation coverage as described in Section N.A., coverage under this Agreement will terminate at the end of the month during which loss of eligibility occurs, unless otherwise specified by the Group as set forth in Section IX.Enrollment and Eligibility Schedule. 2. For Cause.Coverage of a Member may be terminated upon written notice for: a. Material misrepresentation, fraud, or omission of information in order to obtain coverage. This includes failure to answer fully and correctly all questions contained in the application forms. In such event,the Cooperative may,within two(2)years from the date of the application, refuse to cover any service for a condition(s)to which such question was relevant, or may rescind or cancel the Member's coverage upon ten(10)working days written notice. b. Permitting the use of a GHC identification card by another person, or using another person's identification card to obtain care to which one is not entitled. c. Failure to comply with the rules and regulations of the Cooperative. d. Nonpayment of charges as set forth in Section II.C. 3. Nonpayment of dues for a specific Member by the Group. 4. In no event will a Member be terminated solely on the basis of their physical or mental condition provided they meet all other eligibility requirements set forth in this Agreement. 5. The Member may appeal the termination decision through GHC's grievance process as set forth in Section vII. C. PERSONS HOSPITALIZED ON THE DATE OF TERMINATION. A Member who is a registered bed patient receiving Covered Services in a GHC Facility or GHC Designated Facility on the date of termination shall continue to be eligible for Covered Services for the condition for which the Member was hospitalized, until discharge from the facility. This continued coverage will also apply to a Member hospitalized in a non-GHC Designated Facility as a result of an Emergency or Referral as set forth in Section XI.B.1. D. SERVICES PROVIDED AFTER TERMINATION. Any services provided by GHC after the effective date of termination(except those services covered under Section III.C.)shall be charged according to the Directory 0036900-003046 10 of Services. The Subscriber shall be liable for payment of all such charges for services provided to the Subscriber and all Family Dependents. Section IV Continuation Coverage, Conversion, and Transfer A. CONTINUATION COVERAGE. This subsection A. only applies to employer groups who must offer continuation coverage under the applicable provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"),as amended,and only applies to grant continuation of coverage rights to the extent required by federal law. To the extent required by federal law, if the Subscriber or Family Dependent loses eligibility under this Group Agreement,group coverage may be continued under the circumstances described below. Except as set forth in Section IV.A.12., below, this provision applies only to Subscribers and Family Dependents enrolled under this Agreement prior to the date of eligibility for continuation coverage who would otherwise lose coverage as a result of one of the qualifying events listed below in subsections(1.),(2.),and(3.). 1. Subscribers and Family Dependents are eligible for continuation coverage for a maximum period of up to eighteen(18)months commencing at the date that: • The Subscriber's employment is terminated(unless terminated for gross misconduct);or • the Subscriber experiences a reduction in work hours resulting in loss of eligibility for group benefits. 2. Family Dependents are eligible for continuation coverage for a maximum period of up to thirty-six (36) months commencing at the date that: • The Subscriber is divorced or legally separated; • the Subscriber dies; • the Subscriber becomes entitled to Medicare;or • a Dependent child ceases to qualify as a Family Dependent under Section IX.B.2.(b)or(c). 3. A COBRA eligible beneficiary who is disabled prior to or on the date he/she loses coverage due to termination of employment (other than for the beneficiary's gross misconduct) or reduction of hours, or becomes disabled at any time during the first sixty (60) days of COBRA coverage, may extend his/her coverage under COBRA from eighteen (18) months up to twenty-nine (29) months, so long as the beneficiary provides notice of his/her Social Security disability determination within sixty (60) days of such determination and before the end of the eighteen (18) month coverage period. Social Security Administration certification of total disability is required. The period of extended coverage provided under this subsection shall terminate on the first day of the first month which begins more than thirty (30) days after the date of the Social Security Administration's final determination that the qualified beneficiary is no longer disabled. Non-disabled dependents of a disabled Subscriber who are eligible for continuation coverage are entitled to continue their dependent coverage for the duration of the disabled Subscriber's disability extension. 4. In the event the group has retirees,the Subscriber who is a retiree or the spouse or Dependent of a retiree, may continue coverage hereunder if the Subscriber and /or Family Dependent would otherwise lose coverage hereunder within one year of the date a proceeding under Title 11 of the United States Code is commenced with respect to the Group. Coverage under this Section IV.A.4., continues only upon payment of applicable monthly charges to the Group at the time specified by the Group.The terms and conditions of this coverage are governed by COBRA. 5. If an individual enrolled for continuation coverage experiences a second qualifying event as set forth in subsection (2.) above, continuation coverage may be extended for up to thirty-six (36) months, beginning from the date of the first qualifying event. Where the Subscriber becomes entitled to Medicare, the period 0036900-CO3046 11 I i ' k of continuation coverage for Family Dependents as a result of the Subscriber's Medicare entitlement or any later event described in Section IV.A.2. above shall extend up to a maximum of thirty-six (36) months from the date the Subscriber becomes entitled to Medicare. 6. In addition to the conditions set forth in Section III. Termination,continuation coverage may be terminated prior to the prescribed period set forth in subsections(1.), (2.), and(3.)above if: • there is a failure to make timely payment of any monthly dues required under this Agreement; • the Member becomes covered under any other group health plan, unless such plan contains an exclusion or limitation on coverage for any pre-existing condition which may apply to the Member; • the Member becomes enrolled under Medicare; • the employer ceases to maintain any group health plan;or • the Member is no longer disabled as determined by the Social Security Administration. 7. In the event a child is born to, or is placed with the covered Subscriber for adoption, during a period of COBRA continuation coverage,such child will also be considered a qualified beneficiary. 8. Notice. The Group is responsible for assuring compliance with COBRA and that Members are given timely notice of their continuation coverage option. The Group is also responsible for notifying GHC in a timely fashion of the election to continue coverage and the applicable coverage period. The Subscriber or Family Dependent must notify the Group,or plan administrator, if any,within sixty(60) days following a divorce, legal separation, or when an enrolled dependent child no longer meets the eligibility requirements set forth in Section IX.B.2., or within sixty (60) days following the date coverage ends in accordance with the termination provisions under this Agreement,whichever is later. 9. Application. Written application for continuation coverage must be made within sixty (60) days of the termination date of coverage, or the date that the Member receives specific notice of his/her right to continuation coverage, whichever is later. For the purposes of this Agreement, "receives" means that written notice was mailed by the Group to the Member's most recent address as recorded with the Group. No lapse in coverage prior to continuation coverage is permitted, except as provided above. The application shall be deemed by GHC to include all Family Dependents eligible for continuation coverage unless specifically stated otherwise.A physical examination or statement of health is not required. 10. Monthly Dues. Monthly dues must be paid directly to the Group. The Group is responsible for submitting such dues with its regular monthly dues payment to GHC. Payment of the initial dues payment, which includes the period from the election retroactive to the qualifying event, and any regular dues payment that becomes due prior to the initial dues payment date,for continuation coverage under COBRA is due forty-five(45) days after the date of the election. Subsequent dues payments are due on a monthly basis. Dues for persons extending COBRA coverage from eighteen (18) months to twenty-nine (29) months because of total disability may be charged at one hundred fifty percent(150%)of the Group's dues rate that would otherwise apply to them. 11. Group Conversion. In addition to Group Conversion rights as set forth in Section IV.B.,the Subscriber or Family Dependent enrolled for continuation coverage is entitled to convert to GHC's Group Conversion Plan within a 180-day period prior to termination of continuation coverage, if his/her coverage under this Agreement is terminated for any reason other than nonpayment or cause. See Section IV.B.2. GHC Group Conversion Plan-Application. 12. Open Enrollment and Adding Dependents. To the extent required under COBRA, a qualified beneficiary under COBRA may add Family Dependents during the Group's Open Enrollment period and newly eligible persons according to the procedures specified in Section IX.A. 0036900-CO3046 12 B. GHC GROUP CONVERSION PLAN. 1. Eligibility. Any Subscriber or Family Dependent is entitled to convert to GHC's Group Conversion Plan if his/her coverage under this Agreement is terminated for any reason other than cause. (See Section III.B.2.) Following termination of marriage or death of the Subscriber, all Family Dependents are entitled to make such a conversion. 2. Application. Application for conversion must be made within thirty-one (31) days following termination under this Agreement. Coverage under the GHC Group Conversion Plan is subject to all terms and conditions of such plan, including dues payment. A physical examination or statement of health is not required for enrollment in the Group Conversion Plan. Section V. Coordination of Benefits A. BENEFITS SUBJECT TO THIS PROVISION: As described in subsection H., benefits provided under this Agreement do not duplicate other group coverage for medical care or treatment. If a Member is entitled to receive benefits or services for medical care or treatment under another individual, group or governmental plan, GHC may recover the reasonable cash value of services provided under this Agreement so that benefits and services under all plans do not exceed one hundred percent(100%)of allowable expenses (except copayments, coinsurances and deductibles)as set forth in this section. B. PLAN: The definition of a"Plan"includes the following sources of benefits or services: 1. Group or blanket disability insurance policies and health care service contractor and health maintenance organization group agreements, issued by insurers, health care service contractors and health maintenance organizations; 2. Labor-management trusteed plans, labor organization plans, employer organization plans or employee benefit organization plans; 3. Governmental programs; and 4. Coverage required or provided by any statute.The term "Plan" shall be construed separately with respect to each policy, agreement or other arrangement for benefits or services, and separately with respect to the respective portions of any such policy, agreement or other arrangement which do and which do not reserve the right to take the benefits or services of other policies, agreements or other arrangements into consideration in determining benefits. C. ALLOWABLE EXPENSE: "Allowable Expense" means any necessary, reasonable and customary items of expense at least a portion of which is covered under at least one of the Plans covering the person for whom the claim is made. When a Plan provides benefits in the form of services rather than cash payments,the reasonable cash value of each service rendered shall be considered as both an Allowable Expense and a benefit paid. D. CLAIM DETERMINATION PERIOD: "Claim Determination Period" means a period beginning with any January I and ending with the next following December 31 except that the first Claim Determination Period with respect to any person shall begin on the effective date of coverage under this Agreement with respect to such person and end on the following December 31. In no event will a Claim Determination Period for any person extend beyond the last day on which such a person is covered under this Agreement. E. RIGHT TO RECEIVE AND RELEASE INFORMATION: For the purpose of determining the applicability of and implementing this provision and any provision of similar purpose in any other Plan, the Cooperative may,with such consent as may be necessary,release to or obtain from any other insurer, organization or person any information,with respect to any person which the insurer considers necessary for such purpose.Any person 0036900-003046 13 claiming benefits under this Agreement shall fumish to the Cooperative the information necessary for such purpose. F. FACILITY OF PAYMENT: Whenever coverage which should have been provided under this Agreement in accordance with this provision has been provided or paid for under any other Plan, the Cooperative shall have the right, exercisable alone and in its sole discretion,to pay over to any Plan making such other payments any amounts it shall determine to be warranted in order to satisfy the intent of this provision, and amounts so paid shall be considered to be coverage or benefits paid under this Agreement and, to the extent of such payments, the Cooperative shall be fully discharged from liability under this Agreement. G. RIGHT OF RECOVERY: Whenever benefits have been provided by the Cooperative with respect to Allowable Expenses in total amount, at any time, in excess of the maximum amount of payment necessary at that time to satisfy the intent of this provision, the Cooperative shall have the right to recover the reasonable cash value of such benefits,to the extent of such excess, from one or more of the following, as the Cooperative shall determine: any persons to or for or with respect to whom such benefits were provided, any other insurers, any service plans or any other organization or other Plans. H. EFFECT ON BENEFITS: 1. This provision shall apply in determining the benefits for a person covered under this Agreement for a particular Claim Determination Period if, for the Allowable Expenses incurred as to such person during such period,the sum of: a. The reasonable cash value of the benefits that would be provided under the Agreement in the absence of this provision,and b. The benefits that would be payable under all other Plans in the absence therein or provisions of similar purpose to this provision would exceed such Allowable Expenses. 2. As to any Claim Determination Period with respect to which this provision is applicable, the reasonable cash value of the benefits provided under this Agreement in the absence of this provision for the Allowable Expenses incurred as to such person during such Claim Determination Period shall be reduced to the extent necessary so that the sum of the reasonable cash value of benefits and all benefits payable for such Allowable Expenses under all other Plans, except as provided in subparagraph (3)of this Section, shall not exceed the total of such Allowable Expenses. Benefits payable under another Plan include benefits that would have been payable had a claim been duly made therefor. In determining liability under this paragraph,the Plan is not required, and will not take into consideration, deductibles, copayments, or other cost-sharing provisions. 3. If a. another Plan which is involved in subparagraph (2) of this Section and which contains a provision coordinating its benefits with those of this Agreement would, according to its rules, determine its benefits after the benefits of this Plan have been determined;and b. the rules set forth in subparagraph (4) of this Section would require this Agreement to determine its benefits before such other Plan, then the benefits of such other Plan will be ignored for the purposes of determining the benefits under this Agreement. 4. For the purposes of subparagraph (3) of this Section, the rules establishing the order of benefit determination are: a. The benefits of a Plan which covers the person on whose expenses a claim is based other than as a dependent shall be determined before the benefits of a Plan which covers such person as a dependent. 0036900-003046 14 b. In the case that a dependent is covered under both parents'medical Plan,the benefits of the Plan of the parent whose birthday falls earlier in the year are determined before those of the Plan of a parent whose birthday falls later in the year. This birthdate will refer only to the month and day, not the year in which a person was born. If both parents have the same birthday, the benefits of the Plan which covered the parent longer are determined before those that covered the other parent for a shorter period of time,except that in the case of a person for whom claim is made as a dependent child, i. when the parents are separated or divorced and the parent with custody of the child has not remarried,the benefits of a Plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of a Plan which covers the child as a dependent of the parent without custody;and ii. when the parents are divorced and the parent with custody of the child has remarried, the benefits of a Plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a Plan which covers that child as a dependent of the stepparent, and the benefits of a Plan which covers that child as a dependent of the stepparent will be determined before the benefits of a Plan which covers that child as a dependent of the parent without custody. Notwithstanding items (i) and (ii) above, if there is a court decree which would otherwise establish financial responsibility for the medical, dental or other health care expenses with respect to the child, the benefits of a Plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of any other Plan which cover the child as a dependent child. c. When rules(a)and(b)do not establish an order of benefit determination,the benefits of a Plan which has covered the person on whose expenses claim is based for the longer period of time shall be determined before the benefits of a Plan which has covered such person the shorter period of time, provided that: i. The benefits of a Plan covering the person on whose expenses claim is based as a laid off or retired employee, or dependent of such person shall be determined after the benefits of any other Plan covering such person as an employee,other than a laid off or retired employee, or dependent of such person;and ii. If either Plan does not have a provision regarding laid off or retired employees, which results in each Plan determining its benefits after the other,then the provisions of(i)of this subsection shall not apply. d. If none of the above rules determines the order of benefits, the benefits of the Plan which covered an employee or Subscriber for the longer period of time shall be determined before those of the Plan which covered that person for the shorter time period. 5. When this provision operates to reduce the total amount of benefits otherwise to be provided to a person covered under this Agreement during any Claim Determination Period, the reasonable cash value of each benefit that would be provided in the absence of this provision shall be reduced proportionately, and such reduced amount shall be charged against any applicable benefit limit of this Agreement. Section VI. Subrogation "Injured person" under this section means a Member covered by this Agreement who sustains compensable injury. "GHC's medical expenses" means the expense incurred and the reasonable value of the services provided by the Cooperative for the care or treatment of the injury sustained. If the injured person was injured by an act or omission of a third party giving rise to a claim of legal liability against the third party, GHC shall have the right to recover from the third party GHC's medical expenses. This right is commonly referred to as "subrogation."GHC shall be subrogated to and may enforce all rights of the injured person 0036900-CO3046 15 to the extent of GHC's medical expenses. GHC's equitable and contractual rights of subrogation are limited(only as required)by Washington law. The injured person and his or her agents must cooperate fully with GHC in its efforts to collect GHC's medical expenses. This cooperation shall include supplying GHC with information about any defendants and/or insurers related to the injured person's claim. The injured person and his or her agents shall permit GHC, at GHC's option, to associate with the injured parry or to intervene in any action filed against any third party.The injured person and his or her agents shall do nothing to prejudice GHC's subrogation rights. The injured person shall not settle a claim without protecting GHC's interest. GHC shall be subrogated to and may enforce all rights of the injured person to the extent of its medical expense. GHC's right of subrogation shall be limited to the excess of the amount required to fully compensate the injured person for the loss sustained. Full compensation shall be measured on an objective, case-by-case basis, but is subject to a presumption that a settlement which does not exhaust the third parry's reachable assets is full compensation to the injured person. If the Member fails to cooperate fully with GHC in recovery of medical expenses as described above,the Member shall be responsible for reimbursing GHC for such medical expenses. GHC shall not pay any attorney's fees or collection costs to attorneys representing the injured person where it has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written fee agreement signed by GHC prior to any collection efforts. When reasonable collection costs have been incurred with GHC's prior written agreement, to recover GHC's medical expenses, there shall be an equitable apportionment of such collection costs between GHC and the injured person subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC. Section VII Grievance Procedure The Member Services Program is designed to help a Member resolve formal complaints and concerns about medical and business service. GHC will record,research,and respond in a timely manner to a Member's concern. A concern should initially be registered at the Member's area medical center. If not satisfied, the Member should then contact the regional Member Services Department, which will arrange for review by appropriate Medical Staff, management,and/or GHC consumers. For grievances following denial of claims for experimental/investigational procedures, see Section XI.A. Section VIII Miscellaneous Provisions A. DISSEMINATION OF INFORMATION. The Group is responsible for disseminating to Subscribers written information concerning this Agreement which is provided by the Cooperative. B. IDENTIFICATION CARDS. The Cooperative will furnish cards, for identification only, to all persons enrolled under this Agreement. C. ADMINISTRATION OF AGREEMENT. GHC may adopt reasonable policies and procedures to help in the administration of this Agreement. D. MODIFICATION OF AGREEMENT. Except as required by Washington state law, this Agreement may not be modified without agreement between both parties.. E. Group Health Cooperative reserves the right to construe the provisions of this Medical Coverage Agreement, and to determine any and all questions pertaining to benefit entitlement and coverage. No oral statement of any person shall modify or otherwise affect the benefits, limitations,and exclusions of this Agreement, convey or void any coverage, increase or reduce any benefits under this Agreement or be used in the prosecution or defense of a claim under this Agreement. 0036900-003046 16 F. INDEMNIFICATION. GHC agrees to indemnify and hold the Group harmless against all claims, damages, losses, and expenses, including reasonable attorney's fees, arising out of GHC's failure to perform or negligent performances of its express obligations under the Group Medical Coverage Agreement. GHC further agrees to indemnify and hold the Group harmless against claims, damages, losses or expenses, including reasonable attorney's fees, for injury or damage caused to any person which is the result of or is alleged to be the result of the failure to provide or the negligent provision of medical services or supplies specified under this contract by any health care provider who is employed by, is an agent of or who has a direct contractual relationship with GHC.Provided,however,that the Group notifies GHC in writing promptly of any such claims,that it will assist GHC (at GHC's expense) in the defense of same, and that GHC has the right to direct and arrange the defense of the case. The foregoing shall not in any way be construed as applying to any claim, demand or loss arising out of negligent acts or omissions of the Group, its agents, officers or employees, or failure by the Group to carry out any of its responsibilities under this Agreement. G. The Medical Coverage Agreement is entered into and governed by the laws of Washington State, except as otherwise pre-empted by ERISA and other Federal laws. Group Health Cooperative of Puget Sound does not discriminate on the basis of physical or mental handicaps in its employment practices and services. Section IX. Enrollment and Efildbility Schedule A. ENROLLMENT 1. Application for Enrollment. Application for enrollment shall be made on an application form furnished and approved by GHC. No person shall be enrolled or dues accepted until this completed application has been received and approved by GHC.The Group is responsible for submitting completed application forms to GHC. a. Newly Eligible Persons. Newly eligible Subscribers may make written application for enrollment to the Group within thirty-one (31) days of eligibility. If the Subscriber wishes to enroll his/her eligible Dependents,application must be made during this same thirty-one(31)day period. Written application for enrollment for a newly dependent person, other than a newborn or newborn adopted child,must be made to the Group within thirty-one(31)days after the dependency occurs. A Subscriber's newbom child shall be automatically enrolled when born: i. at a GHC Facility or GHC Designated Facility;or ii. at a non-GHC Facility due to an Emergency,provided that all the requirements of Section X.I. of this Agreement are met, including notification of GHC by way of the GHC Notification Line within twenty-four (24) hours following inpatient admission, or as soon thereafter as medically possible. GHC shall provide notice of such enrollment to the Subscriber and the Group. It is the Subscriber's responsibility to complete and submit a revised application form to the Group. If the Subscriber does not want the newborn child enrolled, he/she must notify GHC within sixty (60) days of the date of birth. If subsequent to enrollment it is discovered that the newborn child is not eligible or if the Group does not initiate dues payments on or before sixty(60) days from the date of birth, GHC shall disenroll the child retroactive to the effective date of coverage. 0036900-003046 17 c _ Children who are born in a non-GHC Facility on a nonemergency basis will not be automatically enrolled. In the event there is a change in the monthly dues payment as a result of the addition of a newborn child,the Subscriber must make written application for enrollment to the Group within sixty (60)days following the date of birth. In the event there is a change in the monthly dues payment as a result of the addition of an adoptive child,including adopted newborns,the Subscriber must make written application for enrollment within sixty (60) days from the day that the child is physically placed with the Subscriber for the purpose of adoption and the Subscriber assumes financial responsibility for the medical expenses of the child. b. If the spouse and/or eligible Family Dependents of a GHC Subscriber loses eligibility under a comparable medical plan they may be added to the GHC Subscriber's plan.There must be no more than a three (3) month lapse of coverage between plans, and application must be made prior to the expiration of this three(3)month period. c. Open Enrollment. A person not enrolled as a Subscriber or Family Dependent when newly eligible, as described above,may make written application during the Group's Open Enrollment period. 2. Limitation on Enrollment. This Agreement will be open for application as set forth in Section IX.A.1. GHC may limit enrollment, establish quotas, or set priorities for acceptance of new applications if it determines that its capacity, in relation to its total enrollment, is not adequate to provide services to additional persons. 3. Effective Date of Enrollment. a. Provided application is made as set forth in Section IX.A.La. (above), enrollment for a newly eligible Subscriber and listed Dependents will begin on the date of hire. Subscribers who return to work from a leave without pay status within ninety (90) days, shall be eligible for enrollment on the first of the month following their date of return to work. Enrollment for newly dependent persons,other than newborns and adopted children,will begin on the first(1 st)of the month following application. Provided newborns are enrolled as specified in Section IX.A.l.a. (above),enrollment is effective from the date of birth. For adopted children, enrollment is effective from the date that the adopted child is physically placed with the Subscriber for the purpose of adoption and the Subscriber has assumed financial responsibility for the medical expenses of the child. b. Persons Hospitalized on Effective Date. If a person, other than a newborn or adoptive child, is confined in a hospital on the date enrollment would otherwise become effective, the effective date of enrollment for the person(s)hospitalized will not begin until discharge from the facility. 4. Effective Date of Services and Benefits. Services provided to Enrollees, including newborns and adoptive children, are subject to all terms and conditions of the Group Agreement including the requirement that all services must be received at a GHC or GHC Designated Facility under the medical management of a GHC physician unless the Enrollee has been Referred by a GHC physician or has received Emergency services according to Section X.I. B. ELIGIBILITY In order to be accepted for enrollment and continuing coverage under the Group Agreement, individuals must meet all applicable requirements set forth below.The Group is responsible for determining eligibility. 0036900-CO3046 18 Subscribers and Family Dependents must reside in the GHC Service Area(as defined in Section 1.) in order to be eligible for enrollment under this Agreement, except for temporary residency outside the Service area for purposes of attending school, court-ordered coverage for Dependents, or when approved in advance by GHC, other unique family arrangements. All non-urgent/emergent care must be provided at GHC Facilities or GHC Designated Facilities. 1. Subscribers.Bona fide employees and LEOFF II employees who are employed on a regularly scheduled basis of not less than twenty(20)hours per week shall be eligible for enrollment. Elected officials and council members shall be eligible for enrollment. LEOFF I employees will not be covered under this plan. 2. Family Dependents.The Subscriber may enroll any of the following: a. The Subscriber's legal spouse; b. Unmarried dependent children who are under the age of twenty-one (21), provided they reside regularly with the Subscriber or are chiefly dependent on the Subscriber for support and maintenance, provided proof of such dependency is furnished to GHC. "Children" means the children of the Subscriber including adopted children, stepchildren, foster children, children for whom the Subscriber has a qualified court order to provide coverage, and any other children for whom the Subscriber is the legal guardian. c. Enrollment may be extended past the limiting age for an unmarried person enrolled as a Family Dependent on his/her twenty-first(21st)birthday if: i. the Dependent is a full-time registered student at an accredited secondary school, college, or university and under the age of twenty-three(23); or ii. the Dependent is totally incapable of self-sustaining employment because of a developmental disability or a physical handicap incurred prior to attainment of the limiting age as set forth in Section IX.B.2.b., or prior to attainment of the student limiting age as set forth in Section IX.B.2.c., and is chiefly dependent upon the Subscriber for support and maintenance. Enrollment for such a Dependent may be continued for the duration of the continuous total incapacity, provided enrollment does not terminate for any other reason. Medical proof of incapacity and proof of financial dependency must be furnished to the Cooperative upon request, but not more frequently than annually after the two(2)year period following the Dependent's attainment of the limiting age. d. Dependents of LEOFF I employees are eligible for coverage under this contract. e. Temporary Coverage for Ineligible Newborns. A child born to a covered Member which does not otherwise qualify as an eligible dependent as set forth in this section will be entitled to the benefits set forth in Section X. from birth through three (3) weeks of age. After three (3) weeks of age, no benefits are available unless the newborn child qualifies as a Dependent and is enrolled under this Agreement. All contract provisions, limitations, and exclusions will apply except Section IV. Continuation of Coverage,Conversion,and Transfer. In regard to temporary coverage, continuation of coverage benefits set forth in Section IV. will not apply. 0036900-003046 19 Ineligible Persons. GHC reserves the right to refuse enrollment to any person whose coverage under the Group Agreement or any other Medical Coverage Agreement issued by Group Health Cooperative of Puget Sound has been terminated for cause. C. CONTINUATION OF ENROLLMENT While on a group approved leave of absence, the Subscriber and listed Dependents will continue to receive services and benefits under this Agreement for up to one hundred eighty (180) days, provided the employer or Group continues to remit dues to GHC for the Subscriber and such Dependents. While on a group approved leave of absence the Subscriber and listed Dependents can continue to be covered under this Agreement, provided they remain eligible for coverage, such leave is in compliance with the employer's established leave of absence policy consistently applied to all employees, the employer's leave policy is in compliance with the Family and Medical Leave Act when applicable, and the employer or Group continues to remit dues for the Subscriber and Dependents to the Cooperative. D. PERSONS ENTITLED TO, OR ELIGIBLE TO PURCHASE MEDICARE. Except as defined by federal regulations, all Members entitled to, or eligible to purchase Medicare must be enrolled in the GHC Medicare Plan upon such entitlement or eligibility. A condition of coverage under the GHC Medicare Plan requires that a Member be continuously fully qualified and enrolled fro the hospital (Part A)and medical(Part B)benefits, or Part B only, available from the Social Security Administration, and sign any papers that may be required by GHC or Medicare. Subscribers and covered dependents who are eligible for Medicare (as set forth below) must,effective the date that Medicare would become the primary payor,enroll in Medicare Parts A &B, and must participate in GHC's Medicare Plan. For purposes of this section, an individual shall be deemed eligible for Medicare when he or she has tire option to receive part A Medicare benefits, irrespective of whether the individual elects to enroll in Part B coverage under the federal regulations. All applicable provisions of the GHC Medicare Plan are fully set forth in the Medicare Endorsement(s) attached to this Agreement. E. PERSONS AGE SIXTY-FIVE (65) OR OLDER WHO ARE NOT ENTITLED TO, OR ELIGIBLE TO PURCHASE MEDICARE. Upon reaching age sixty-five (65), if not entitled to, or eligible to purchase Medicare, Members may continue coverage under this Agreement upon payment of the applicable dues as set forth in the Dues Schedule. Section X. Schedule Of Benefits Subject to all provisions of this Group Medical Coverage Agreement, including the Copayments and Allowances Schedule, Members are entitled to receive the benefits and services that are Medically Necessary for the treatment of a Medical Condition as determined by GHC's Medical Director or his/her designee,and as described in this Schedule of Benefits. A. HOSPITAL CARE Hospital care is provided when approved by a GHC Provider, limited to the following services: 1. Room and board, including private room when prescribed, and general nursing services. 2. Hospital services(including use of operating room, anesthesia, oxygen,x-ray, laboratory, and radiotherapy services). 3. As a cost-effective alternative in lieu of otherwise covered, Medically Necessary hospitalization or other covered, Medically Necessary institutional care, alternative care arrangements may be covered. 0036900-CO3046 20 N Alternative care arrangements in lieu of covered hospital or other institutional care must be determined appropriate and Medically Necessary based upon the patient's medical condition. Such determination of medical appropriateness and necessity, and authorization of coverage must be made in advance by GHC. For additional coverage,see Section X.E. Skilled Home Health Care Services and Section X.F.Hospice. For Skilled Nursing benefits other than as set forth in this Section,see Section X B. 4. Drugs and medications which are listed as covered in the GHC Drug Formulary(approved drug list). 5. Special duty nursing(when prescribed as Medically Necessary). If a Member is hospitalized in a non-GHC Facility, GHC reserves the right to require transfer of the Member to a GHC Facility, upon consultation with a GHC Provider. If the Member refuses to transfer to a GHC Facility, all further costs incurred during the hospitalization are the responsibility of the Member. B. MEDICAL AND SURGICAL CARE Medical and surgical services are provided, limited to the following,when prescribed by a GHC Provider: 1. Surgical services. 2. Diagnostic x-ray,nuclear medicine,ultrasound, and laboratory services. 3. Family planning counseling services. 4. Hearing examinations to determine hearing loss. 5. Blood derivatives and the administration of blood and blood derivatives. The cost of blood is not covered. 6. Preventative services for health maintenance, including routine mammography screening, physical examinations in accordance with criteria established by GHC for the detection of disease, and immunizations and vaccinations which are listed as covered in the GHC Drug Formulary (approved drug list). A fee may be charged for health education programs. 7. Radiation therapy services. 8. The following services are covered by GHC when performed by a GHC Provider or GHC oral surgeon: reduction of a fracture or dislocation of the jaw or facial bones; excision of tumors or cysts of the jaw, cheeks, lips,tongue,gums,roof and floor of the mouth;and incision of salivary glands and ducts. 9. Nonexperimental implants, limited to the following: cardiac devices,artificial joints,and intraocular lenses. Artificial or mechanical hearts are excluded. 10. Respiratory therapy. 11. Dietary formula for the treatment of phenylketonuria (PKU) when determined Medically Necessary by GHC's Medical Director, or his/her designee. Coverage for this formula is not subject to a Pre-existing Conditions waiting period, if any. Outpatient total parenteral nutritional therapy, when Medically Necessary and in accordance with medical criteria as established by GHC, is covered including supplies necessary for its administration. Outpatient enteral therapy is excluded. 0036900-003046 21 G Dietary formulas and special diets, except for treatment of phenylketonuria (PKU) and total parenteral nutritional therapy as set forth above,are excluded. 12. Visits by GHC Providers(including consultations and second opinions by a GHC Provider) in the hospital or office. 13. Routine eye examinations and refractions are covered, limited to once every twelve (12) months, except when Medically Necessary. Services for routine eye examinations must be received at a GHC Facility and in accordance with GHC medical criteria in order to be covered. Evaluations and surgical procedures to correct refractions which are not related to eye pathology are not covered. Complications related to such surgery are also excluded. Contact lens fittings and related examinations are not covered except as set forth below. Contact lens examinations and fittings for eye pathology are provided in full. When dispensed through GHC Facilities, one contact lens per diseased eye in lieu of an intraocular lens, including exam and fitting, is covered for Members following cataract surgery performed by a GHC Provider, provided the Member has been continuously covered by GHC since such surgery. Replacement of a covered contact lens will be provided only when needed due to change in the Member's medical condition but may be replaced only one time within any twelve(12)month period. 14. Maternity care, including care for complications of pregnancy and prenatal and postpartum visits. Prenatal testing for the detection of congenital and heritable disorders when Medically Necessary as determined by GHC's Medical Director,or his/her designee. Hospitalization and delivery services and voluntary (not medically indicated and non-therapeutic) termination of pregnancy are not covered unless indicated in the next paragraph of this section. Additional Maternity Care Services Hospitalization and delivery, including home births for low risk pregnancies when approved in advance and provided by a GHC Provider,is covered. Voluntary (not medically indicated and nontherapeutic) or involuntary termination of pregnancy is covered. 15. Transplants. When authorized as medically appropriate by GHC's Medical Director or his/her designee, and in accordance with criteria established by the Cooperative, for heart, heart-lung, single lung, double lung, kidney, simultaneous pancreas/kidney, cornea, bone marrow, and liver transplants, limited to the following: • evaluation testing to determine recipient candidacy; • transplantation, limited to costs for the surgery and hospitalization related to the transplant, and medications; and • follow-up services for specialty visits,re-hospitalization,and maintenance medications. High dose chemotherapy and stem cell (obtained from the peripheral blood or marrow as medically appropriate) support is covered when authorized as medically appropriate by GHC's Medical Director, or his/her designee. Transportation expenses,except as set forth under Section X.M. of this Agreement, and living expenses are excluded. 0036900-CO3046 22 Donor costs for a covered organ recipient are covered, limited to procurement center fees,travel costs for a surgical team, excision fees, and matching tests. GHC shall exclude coverage for donor costs to the extent that the donor costs are reimbursable by the organ donor's insurance. Except for children who have been continuously enrolled at GHC since birth, coverage for all transplants and any related services, items, and drugs shall be excluded until such time as the Member has been continuously enrolled under this Agreement, or any prior GHC Medical Coverage Agreement, for twelve (12) consecutive months without any lapse in coverage, unless the Member requires a transplant as the result of a condition which had a sudden unexpected onset after the Member's effective date of coverage. 16. Self-referrals for manipulative therapy of the spine and extremities by GHC Providers are covered up to a maximum of 10 visits per calendar year,subject to the office visit Copayment. The medical necessity for manipulative therapy must meet GHC protocol. 17. Medical and surgical services and related hospital charges, including orthognathic Qaw) surgery for the treatment of temporomandibular joint (TMJ) disorders, are covered as set forth in the Copayments and Allowances Schedule when determined to be Medically Necessary and referred in advance by GHC. Such disorders may exhibit themselves in the form of pain, infection, disease, difficulty in speaking, or difficulty in chewing or swallowing food. TMJ appliances are covered as set forth under orthopedic appliances (Section X.H.1.). Orthognathic (jaw) surgery, radiology services and TMJ specialist services, including fitting/adjustment of splints,is subject to the benefit limit set forth in the Copayments and Allowances Schedule. The following services including related hospitalizations,are excluded regardless of origin or cause: • orthognathic(jaw)surgery in the absence of a TMJ diagnosis, • treatment for cosmetic purposes,and • all dental services(except as noted above), including orthodontic therapy. 18. When authorized as medically appropriate by GHC's Medical Director, or his/her designee, and in accordance with criteria established by the Cooperative, treatment of growth disorders by growth hormones. Growth hormone treatment shall be excluded until such time as the Member has been continuously enrolled under this Agreement or any prior GHC Medical Coverage Agreement for twelve(12)consecutive months without any lapse in coverage. 19. Pre-existing conditions are covered in the same manner as any other illness. 20. Skilled Nursing Facility care in a GHC-approved skilled nursing facility up to a maximum of thirty (30) days per condition when full-time skilled nursing care is necessary in the opinion of the attending GHC Provider. When prescribed by a GHC Provider, such care may include board and room; general nursing care; drugs, biologicals, supplies, and equipment ordinarily provided or arranged by a skilled nursing facility; and short-term physical therapy,occupational therapy,and restorative speech therapy. Excluded from coverage are personal comfort items such as telephone and television; and rest cures, custodial, domiciliary or convalescent care. C. CHEIVHCAL DEPENDENCY TREATMENT 0036900-003046 23 a Subject to all terms and conditions of this Agreement, care is provided as set forth below at a GHC Facility, GHC Designated Facility, or GHC-approved treatment facility, subject to the Benefit Period Allowance and Lifetime Maximum Benefit as described below and as shown in the Copayments and Allowances Schedule. 1. Chemical Dependency Treatment Services. a. All alcoholism and/or drug abuse treatment services must be: (1) provided at a facility as described above and must be authorized in advance, except for acute chemical withdrawal as described in Section X.C.2.b.; and (2) deemed Medically Necessary by GHC's ADAPT Director or his/her designee. Chemical dependency treatment may include the following services received on an inpatient or outpatient basis: diagnostic evaluation and education, organized individual and group counseling, detoxification services,and prescription drugs and medicines. b. Court-ordered treatment shall be provided only if determined to be Medically Necessary by GHC's ADAPT Director or his/her designee. 2. Emergency Care. a. Coverage for medical Emergencies incident to the abuse of alcohol and/or drugs is subject to the Emergency care benefit as set forth in Section X.L. b. Coverage for acute chemical withdrawal is provided without prior approval. If a Member is hospitalized in a non-GHC Designated Facility, coverage is subject to payment of the Deductible shown in the Copayments and Allowances Schedule, and notification of GHC by way of the GHC Notification Line within twenty-four(24)hours following inpatient admission, or as soon thereafter as medically possible. Furthermore, if a Member is hospitalized in a non-GHC Designated Facility, GHC reserves the right to require transfer of the Member to a GHC Facility upon consultation with a GHC Provider. If the Member refuses transfer to a GHC Facility, all further costs incurred during the hospitalization are the responsibility of the Member. For the purpose of this section, "acute chemical withdrawal"means withdrawal of alcohol and/or drugs from a person for whom consequences of abstinence are so severe as to require medical/nursing assistance in a hospital setting, and which is needed immediately to prevent serious impairment to the Member's health. 3. Benefit Period and Benefit Period Allowance. a. Benefit Period. For the purpose of this section, "Benefit Period" shall mean a twenty-four (24) consecutive calendar month period during which the Member is eligible to receive covered chemical dependency treatment services as set forth in this section. The first Benefit Period shall begin on the first day the Member receives covered chemical dependency services under this or any other group insurance, health care service contractor, health maintenance organization, self-insured plan or any combination thereof, hereinafter referred to as "group plans," and shall continue for twenty-four (24) consecutive calendar months, provided that coverage under this Agreement remains in force. All subsequent Benefit Periods thereafter will begin on the first day Covered Services are received after expiration of the previous twenty-four(24)month Benefit Period. b. Benefit Period Allowance. The maximum allowance available for any Benefit Period shall be the total of all chemical dependency benefits provided and payments made for chemical dependency treatment under any group plan(s), not to exceed the Benefit Period Allowance shown in the Copayments and Allowances Schedule during the Member's Benefit Period. 4. Lifetime Maximum Benefit. 0036900-CO3046 24 Chemical dependency services are not covered after the Member has reached his/her Lifetime Maximum Benefit amount as shown in the Copayments and Allowances Schedule. All such benefits provided or payments made by: a. GHC under any GHC Group Medical Coverage Agreement,plus b. all amounts paid on an. individual's behalf under any carrier or plan maintained by the Group, including self-insured plans,shall be applied toward this Lifetime Maximum Benefit amount. Any Deductibles or Copayments which may be bome by the Member under the terms of this Agreement shall not be applied toward the Benefit Period Allowance or Lifetime Maximum Benefit. In regard to this section, the Benefit Period(s), Benefit Period Allowance(s), and Lifetime Maximum Benefit shall include only alcoholism treatment services received on or after January 1, 1987 and alcoholism and/or drug abuse services received on or after January 1, 1988. D. PLASTIC AND RECONSTRUCTIVE SERVICES are covered: 1. to correct a congenital disease or congenital anomaly as determined by a GHC Provider; or to correct a Medical Condition following an injury or incidental to surgery covered by GHC which has produced a major effect on the Member's appearance,provided: • the Member has been continuously enrolled with GHC since the date of such injury or surgery;and • when in the opinion of a GHC Provider, such services can reasonably be expected to correct the condition. In the case of a congenital condition which affects appearance,an anomaly will be considered to exist if the Member's appearance resulting from such condition is not within the range of normal human variation. Complications of noncovered surgical services are excluded. 2. for reconstructive surgery and associated procedures following a mastectomy provided Members are medically suitable candidates,as determined by GHC's Medical Director, or his/her designee,regardless of when the mastectomy was performed. Internal breast prostheses required incident to the surgery will be provided. A Member will be covered for all stages of one reconstructive breast reduction on the nondiseased breast to make it equivalent in size with the diseased breast after definitive reconstructive surgery on the diseased breast has been performed. 3. for women who have not undergone breast reconstruction,external breast prostheses following mastectomy and post-mastectomy bras limited to one external breast prosthesis per diseased breast every two years,and two post-mastectomy bras every six (6) months, up to four (4) in any twelve (12) consecutive month period. Coverage for post-mastectomy bras is subject to the Coinsurance as set forth in the Copayments and Allowances Schedule. E. HOME HEALTH CARE SERVICES, as set forth in this section, shall be provided by GHC Home Health Services or by a GHC-authorized home health agency when Referred in advance by a GHC Provider for Members who meet the following criteria: 1. The Member is unable to leave home due to his or her health problem or illness (unwillingness to travel and/or arrange for transportation does not constitute inability to leave the home); 2. the Member requires intermittent Skilled Home Health Care services,as described below;and 0036900-003046 25 y 3. a GHC Provider has determined that such services are Medically Necessary and are most appropriately rendered in the Member's home. Covered Services for home health care may include the following when prescribed by a GHC Provider and when rendered pursuant to an approved home health care plan of treatment: nursing care, physical therapy, occupational therapy, respiratory therapy, restorative speech therapy, and medical social worker and limited home health aide services. Home health services are provided on an intermittent basis in the Member's home. "Intermittent" means care that is to be rendered because of a medically predictable recurring need for Skilled Home Health Care services. Excluded are: custodial care and maintenance care, private duty or continuous nursing care in the Member's home, housekeeping or meal services, care in any nursing home or convalescent facility, any care provided by or for a member of the patient's family, and any other services rendered in the home which are not specifically listed as covered under this Agreement. F. HOSPICE It is understood and agreed that the following fully sets forth the eligibility requirements and Covered Services for a Member who elects to receive services through GHC's Hospice Program. Members who elect to receive GHC Hospice Services do so in lieu of curative treatment for their terminal illness for the period that they are in the GHC Hospice Program. Hospice Program 1. Eligibility.Hospice Services, as set forth below, shall be provided to Members for as long as the following criteria are met: a. A GHC Provider has determined that the Member's illness is terminal and life expectancy is six (6) months or less; b. the Member has chosen a palliative treatment focus (emphasizing comfort and supportive services rather than treatment aimed at curing the Member's terminal illness); c. the Member has elected in writing to receive hospice care through GHC's Hospice Program; d. the Member has available a primary care person who will be responsible for the Member's home care; and e. a GHC Provider and GHC's Hospice Director determine that the Member's illness can be appropriately managed in the home. 2. Hospice care shall be defined as a coordinated program of palliative and supportive care for dying persons by an interdisciplinary team of professionals and volunteers centering primarily in the Member's home. 3. Covered Services. Hospice services may include the following as prescribed by a GHC Provider and rendered pursuant to an approved hospice plan of treatment: a. Home Services i. Intermittent care by a hospice interdisciplinary team which may include services by a physician, nurse, medical social worker, physical therapist, speech therapist, occupational therapist, respiratory therapist, and limited services by a Home Health Aide under the supervision of a Registered Nurse. ii. One period of continuous care service per Member in the Member's home when prescribed by a GHC Provider, as set forth in this paragraph. A continuous care period is defined as "skilled nursing care provided in the home during a period of crisis in order to maintain the terminally ill patient at home." Continuous care may be provided for pain or symptom management by a Registered Nurse, Licensed Practical Nurse, or Home Health Aide under the supervision of a 0036900-CO3046 26 A I i ' Registered Nurse. Continuous care is provided for four(4)or more hours per day for a period not to exceed five (5) days, or a total of seventy-two (72) hours, whichever first occurs. Continuous care is covered only when a GHC Provider determines that the Member would otherwise require hospitalization in an acute care facility. b. Inpatient Hospice Services shall be provided in a facility designated by GHC's Hospice Program when Medically Necessary and authorized in advance by a GHC Provider and GHC's Hospice Program. Inpatient hospice services shall be provided according to the provisions set forth in Section X.of this Agreement. 4. Hospice Exclusions: All services not specifically listed as covered in this section including: a. Financial or legal counseling services. b. Housekeeping or meal services. c. Custodial or maintenance care in the home or on an inpatient basis. d. Services not specifically listed as covered by this Medical Coverage Agreement. e. Any services provided by members of the patient's family. f. All other exclusions listed in Section XI., Exclusions and Limitations of this Medical Coverage Agreement,apply. G. REHABILITATION SERVICES are covered as set forth in this section, limited to the following: physical therapy; occupational therapy; and speech therapy to restore function following illness, injury, or surgery. Services are subject to all terms,conditions,and limitations of this Agreement,including the following: 1. All services must be provided at GHC or a GHC-approved rehabilitation facility and must be prescribed and provided by a GHC-approved rehabilitation team that may include medical, nursing, physical therapy, occupational therapy and speech therapy providers. 2. The Member must be referred for rehabilitation services in advance by a GHC Provider. 3. Services are limited to those necessary to restore or improve functional abilities when physical, sensori-perceptual and/or communication impairment exists due to injury or illness. Such services are provided only when GHC's Medical Director, or his/her designee, determines that significant, measurable improvement to the Member's condition can be expected within a sixty(60)day period as a consequence of intervention by covered therapy services described in paragraph one(1)above. 4. Coverage for inpatient and outpatient services is limited to the allowance set forth in the Copayments and Allowances Schedule. Services excluded under this benefit include the following: specialty rehabilitation programs not provided by GHC; long-term rehabilitation programs; physical therapy, occupational therapy, and speech therapy services when such services are available (whether application is made or not) through governmental programs; programs offered by public school districts; therapy for degenerative or static conditions when the expected outcome is primarily to maintain the Member's level of functioning (except for neurodevelopmental therapies); implementation of home maintenance programs; programs for treatment of learning problems; any other treatment not considered Medically Necessary by GHC;any services not specifically included as covered in this Section;and any services that are excluded under Section XI. Neurodevelopmental Therapies for Children Age Six (6) and Under. When determined to be Medically Necessary by GHC's Medical Director, or his/her designee, physical therapy, occupational therapy, and speech therapy services for the restoration and improvement of function for neurodevelopmentally disabled children age six (6) and under shall be covered. Coverage includes maintenance of a covered Member in cases where significant deterioration in the Member's condition would result without the services. Coverage for inpatient and outpatient services is limited to the allowance set forth in the Copayments and Allowances Schedule. 0036900-003046 27 Services excluded under this benefit include: specialty rehabilitation programs; long-term rehabilitation programs;physical therapy,occupational therapy,and speech therapy services when such services are available (whether application is made or not) through governmental programs; programs offered by public school districts; except as set forth above, therapy for degenerative or static conditions when the expected outcome is primarily to maintain the Member's level of functioning; implementation of home maintenance programs; any treatment not considered Medically Necessary;any services not specifically included as covered in this Section; and any services that are excluded under Section Xl. H. APPLIANCES,DEVICES AND SUPPLIES 1. Orthopedic Appliances. When Medically Necessary, orthopedic appliances, which are attached to an impaired body segment for the purpose of protecting the segment or assisting in restoration or improvement of its function, are covered. Medically Necessary repair, adjustment or replacement of an orthopedic appliance is covered when authorized in advance by a GHC Provider. Covered Services are subject to the Coinsurance set forth in the Copayments and Allowances Schedule. Excluded are arch supports; orthopedic shoes that are not attached to an appliance; or any orthopedic appliances that are not listed as covered in GHC's Orthopedic Appliance Formulary. 2. Ostomy Supplies. Ostomy supplies necessary for the removal of bodily secretions or waste are covered. 3. Oxygen and Oxygen Equipment. When medical criteria as established by GHC are met, and upon Referral,oxygen and oxygen equipment for home use is covered. 4. Nasal CPAP Device. When Medically Necessary, the purchase of a nasal CPAP device, and the initial purchase of associated supplies, is covered. The initial one-month rental of the device prior to purchase, which is required to establish compliance, is also covered. Medically Necessary repair or replacement of a nasal CPAP device is covered when authorized in advance by a GHC Provider. Covered Services are subject to the Coinsurance as set forth in the Copayments and Allowances Schedule. Coverage for replacement of supplies is excluded. Replacement or repair of appliances, devices and supplies that are due to loss, breakage from willful damage, neglect or wrongful use,or due to personal preference are excluded. I. TOBACCO CESSATION. When provided through GHC, services related to tobacco cessation are covered, limited to: 1. participation in one individual and/or group program per calendar year; 2. educational materials;and 3. one course of nicotine replacement therapy per calendar year, provided the Member is actively participating in the Group Health Free and Clear Program. Covered Services are subject to the Allowances set forth in the Copayments and Allowances Schedule. J. LEGEND (PRESCRIPTION) DRUGS AND MEDICINES FOR OUTPATIENT USE as prescribed by a GHC Provider for conditions covered by this Agreement, including off-label use of FDA-approved drugs (provided that such use is documented to be effective in one of the standard reference compendia;a majority of well-designed clinical trials published in peer-reviewed medical literature document improved efficacy or safety of the agent over standard therapies, or over placebo if no standard therapies exist; or by the federal secretary of Health and Human Services). All drugs, supplies, medicines, and devices must be obtained at a GHC pharmacy. The prescription drug copayment as set forth in the Copayments and Allowances Schedule applies to each 30-day supply. Copayments for single and multiple 30-day supplies of a given prescription are payable at the time of delivery. 0036900-CO3046 28 I I "Standard reference compendia" means the American Hospital Formulary Service-Drug Information; the American Medical Drug Evaluation; the United States Pharmacopoeia-Drug Information, or other authoritative compendia as identified from time to time by the federal secretary of Health and Human Services. "Peer- reviewed medical literature" means scientific studies printed in healthcare journals or other publications in which original manuscripts are published only after having been critically reviewed for scientific accuracy, validity, and reliability by unbiased independent experts. Peer-reviewed medical literature does not include in- house publications of pharmaceutical manufacturing companies. Excluded are: over-the-counter drugs, medicines, and devices not requiring a prescription under state law or regulations; dietary formulas and special diets, except as set forth in Section X.B.; contraceptive drugs and devices and their fitting unless otherwise noted in this section; medicines and injections for anticipated illness while traveling; and any other drugs, medicines and injections not listed as covered in the GHC Drug Formulary(approved drug list). The Member will be charged for mailing drugs, medicines or devices, and replacing lost or stolen drugs, medicines or devices. K. MENTAL HEALTH CARE SERVICES 1. Outpatient Services. Mental health care services are provided on an outpatient basis at GHC in individual, family, couple, and group therapy formats. Services provided place priority on restoring social and occupational functioning,such as evaluation, crisis intervention,managed psychotherapy, intermittent care, psychological testing, and consultation services. The length and type of the treatment program and the frequency and modality of visits shall be determined by the Director of GHC's Mental Health Service, or his/her designee. Coverage for each Member is provided according to the Outpatient Mental Health Care Allowance set forth in the Copayments and Allowances Schedule. Psychiatric medical services including medical management and medications are covered as set forth in Sections X.B. and X.J. All individual, family, couple, and group visits of one and one-half (1-1/2) hours or less are regarded as one full visit per individual. A missed appointment will be considered a "visit" unless GHC's Mental Health Service is notified at least twenty-four(24)hours in advance of a scheduled session. 2. Inpatient Services. Usual, Customary, and Reasonable charges for services described in this section, including psychiatric Emergencies resulting in inpatient services, shall be covered to the maximum benefit as set forth in the Copayments and Allowances Schedule. This benefit shall include coverage for acute treatment and stabilization of psychiatric emergencies in GHC-approved hospitals. When medically indicated, outpatient electro-convulsive therapy (ECT) is covered in lieu of inpatient services. Payment of bills incurred at non-GHC facilities shall exclude any charges that would otherwise be excluded for hospitalization within a GHC Facility. When authorized in advance by the Director of GHC's Mental Health Service, or his/her designee, partial hospitalization and outpatient electro-convulsive therapy programs are covered subject to the maximum inpatient benefit limit described in the Copayments and Allowances Schedule. Every two (2) partial hospitalization days or two (2) electro-convulsive therapy treatments are equivalent to one inpatient hospital day. The total maximum annual benefit under this section shall not exceed the number of inpatient days described in the Copayments and Allowances Schedule. Subject to the maximum Inpatient Mental Health Care Allowance as set forth in the Copayments and Allowances Schedule, services provided under involuntary commitment statutes shall be covered at facilities approved by GHC. Services for any court-ordered treatment program beyond the seventy-two (72)hours shall be covered only if determined to be Medically Necessary by the Director of GHC's Mental Health Service,or his/her designee. 0036900-CO3046 29 Coverage for voluntary/involuntary Emergency inpatient psychiatric services is subject to the Emergency care benefit as set forth in Section X.L-., including the twenty-four (24) hour notification and transfer provisions. All other voluntary psychiatric care must be authorized in advance by the Director of GHC's Mental Health Service,or his/her designee;the facility must be approved by the Cooperative. All voluntary care not authorized in advance by GHC's Mental Health Service is not covered. 3. Exclusions and Limitations for Outpatient and Inpatient Mental Health Treatment Services. Covered Services are limited to those considered to be Medically Necessary by the Director of GHC's Mental Health Service, or his/her designee. Covered Services are limited to those provided for covered conditions for which,in the opinion of the Director of GHC's Mental Health Service,or his/her designee, improvement or stabilization can be expected. Partial hospitalization programs and electro-convulsive therapy are covered only under subsection K.2. (Inpatient Services). Excluded are all forms of extensive psychotherapy; day treatment; custodial care; treatment of sexual disorders; specialty programs for mental health therapy which are not provided by GHC; court-ordered treatment which is not specifically described above; or any other services not specifically listed as covered in this section.All other provisions,exclusions and limitations under this Agreement also apply. L. EMERGENCY/URGENT CARE Emergency Care(See Section I. for a definition of Emergency): 1. At a GHC Facility or GHC Designated Facility. GHC will cover Emergency care for all Covered Services as set forth in the Copayments and Allowances Schedule. 2. At a Non-GHC Designated Facility. Usual, Customary, and Reasonable charges for Emergency care for Covered Services are covered subject to: a. payment of the Emergency Care Deductible shown in the Copayments and Allowances Schedule; and b. notification of GHC by way of the GHC Notification Line within twenty-four (24) hours following inpatient admission,or as soon thereafter as medically possible. Outpatient medications prescribed by a non-GHC Provider are excluded. 3. Waiver of Emergency Care Copayment/Deductible. a. Waiver for Multiple Injury Accident. If two or more members of the Family Unit require Emergency care as a result of the same accident, only one Emergency Care Copayment/Deductible will apply. b. Emergencies Resulting in an Inpatient Admission. If the Member is admitted to a GHC or GHC Designated Facility directly from the emergency room, the Emergency Care Copayment is waived. However,the first day's Hospital Care Copayment,if any,will be charged. 4. Transfer and Follow-up Care.If a Member is hospitalized in a non-GHC Facility,GHC reserves the right to require transfer of the Member to a GHC Facility, upon consultation with a GHC Provider. If the Member refuses to transfer to a GHC Facility, all further costs incurred during the hospitalization are the responsibility of the Member. Follow-up care which is a direct result of the Emergency must be obtained at GHC,unless a GHC Provider has authorized such follow-up care in advance. Urgent Care(See Section I.for a definition of Urgent Condition): 0036900-CO3046 30 rA 5. Urgent Care. Care for Urgent Conditions received inside the GHC Service Area is covered only at GHC medical centers, GHC urgent care clinics, or network providers' offices. Urgent care received at any hospital emergency department is not covered unless authorized in advance by a GHC Provider. M. AMBULANCE SERVICES are covered as set forth below, provided that the service is authorized in advance by a GHC Provider or meets the definition of an Emergency. (See Section I.) 1. Emergency Transport to a GHC Facility,GHC Designated Facility,or non-GHC Designated Facility. Each Emergency is covered as set forth in the Copayments and Allowances Schedule. 2. GHC-Initiated Transfers. GHC-initiated non-emergent transfers to or from a GHC Facility is covered. Section K. Exclusions and Limitations A. EXCLUSIONS 1. Blood for transfusions. 2. Unless otherwise noted as covered in Sections X.B., X.D., X.H., and X.J., corrective appliances and artificial aids including: eyeglasses; contact lenses, including services related to their fitting; prosthetic devices;diabetic supplies including insulin pumps;hearing aids and examinations in connection therewith; take-home dressings and supplies following hospitalization; or any other supplies, dressings, appliances, devices or services which are not for the specific treatment of disease or injury, or not specifically listed as covered in Section X. 3. Cosmetic services, including treatment for complications of cosmetic surgery, except as provided in Section X.D. 4. Convalescent or custodial care, including skilled nursing facility care,unless otherwise noted in Section X. 5. Durable medical equipment such as hospital beds,wheelchairs, and walk-aids, except while in the hospital or as set forth in Section X.B.or X.H. 6. Services rendered as a result of work-incurred injuries, illnesses or conditions. 7. Those parts of an examination and associated reports and immunizations required for employment(unless otherwise noted in Section X.B.), immigration, license, or insurance purposes that are not deemed Medically Necessary by GHC for early detection of disease. 8. Procedures,services,and supplies related to sex transformations. 9. Regardless of origin or cause, diagnostic testing and medical treatment of sterility, infertility, and sexual dysfunction,unless otherwise noted in Section X.B. 10. Services of practitioners whose licensing category is not represented by GHC Medical Personnel, unless otherwise noted in Section X.B. 11. Services directly related to obesity,except for nutritional counseling provided by GHC staff. 12. Any services to the extent benefits are available to the Member under the terms of any vehicle, homeowner's, property or other insurance policy, except for individual or group health insurance,whether the Member asserts a claim or not, pursuant to: (1) medical coverage, medical "no fault" coverage, Personal Injury Protection coverage, or similar medical coverage contained in said policy; and/or (2) uninsured motorist or underinsured motorist coverage contained in said policy. For the purpose of this exclusion, benefits shall be deemed to be "available" to the Member if the Member is a named insured, 0036900-003046 31 comes within the policy definition of insured, is a third-party donee beneficiary under the terms of the policy,or otherwise has the right to receive benefits under the policy. The Member and his or her agents must cooperate fully with GHC in its efforts to enforce this exclusion. This cooperation shall include supplying GHC with information about any available insurance coverage. The Member and his or her agents shall permit GHC at GHC's option, to associate with the Member or to intervene in any action filed against any party related to the injury. The Member and his or her agents shall do nothing to prejudice GHC's right to enforce this exclusion. GHC shall not enforce this exclusion as to coverage available under uninsured motorist or underinsured motorist coverage until the Member has been made whole, unless the Member fails to cooperate fully with GHC as described above. In the event the Member fails to cooperate fully, the Member shall be responsible for reimbursing GHC for such medical expenses. GHC shall not pay any attorneys' fees or collection costs to attorneys representing the injured person where it has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written fee agreement signed by GHC prior to any collection efforts. 13. Services or supplies not specifically listed as covered in the Schedule of Benefits. 14. Voluntary (not medically indicated and nontherapeutic) termination of pregnancy, unless otherwise noted in Section X.B. 15. The cost of services and supplies resulting from a Member's loss of or willful damage to covered appliances, devices, supplies, and materials provided by GHC for the treatment of disease, injury, or illness. 16. Routine circumcision, including newborn circumcision,which is not considered Medically Necessary. 17. Orthoptic(eye training)therapy. 18. Specialty treatment programs that are not provided by GHC including weight reduction, rehabilitation, and "behavior modification programs." 19. Services required as a result of war,whether declared or not declared. 20. Nontherapeutic sterilization (unless otherwise noted in Section X.B.) and procedures and services to reverse a therapeutic or nontherapeutic sterilization. 21. Dental care, surgery, services, and appliances, including: treatment of accidental injury to natural teeth, reconstructive surgery to the jaw incident to denture wear, periodontal surgery, and any other dental services not specifically listed as covered in Section X. The Cooperative's Medical Director, or his/her designee, will determine whether the care or treatment required is within the category of dental care or service. If a GHC Provider determines that an unrelated medical condition requires that a Member be hospitalized for a dental procedure which is normally done in a dentist's office, GHC will cover associated hospital and anesthesia costs at a GHC or GHC Designated Facility. GHC will not cover the dentist's or oral surgeon's fees. 22. Drugs, medicines, and injections, except as set forth in Section X.J. Any exclusion of drugs, medicines, and injections, including those not listed as covered in the GHC Drug Formulary (approved drug list), will also exclude their administration. 0036900-003046 32 . , 1 23. Investigational or experimental treatment, including medical and surgical services, drugs, devices and biological products, until formally approved by GHC for medical coverage. GHC's determination shall be made in accordance with criteria for determining investigational status as established by GHC as generally outlined below. Specific indications and methods of use shall be considered in GHC's review of evidence provided by evaluations of national medical associations, consensus panels, and/or other technological evaluations, including the scientific quality of such supporting evidence and rationale. Any investigational or experimental treatment, including medical and surgical services, drugs, devices and biological products not meeting GHC's determination pursuant to its criteria as outlined below are excluded. a. Investigational or experimental drugs, devices and biological products until clinical trials have been completed and approved by the U.S. Food and Drug Administration (FDA) as being safe and efficacious for general marketing and permission has been granted by the FDA for commercial distribution; b. there is sufficient scientific evidence in published medical literature to permit conclusions concerning the effect of the treatment on health outcomes; c. there is conclusive evidence in published peer-reviewed medical literature that the treatment will result in a demonstrable benefit for the particular injury, disease or condition in question, and that the benefits are not outweighed by risks; d. evidence that the new treatment is as safe and effective as all existing conventional treatment alternatives;and e. that treatment will satisfy(c)and(d)outside of a research setting. Appeals regarding denial of coverage must be submitted to your regional Member Services Department, or to GHC's Contracts and Coverage Department at 1730 Minor Avenue, Suite 1910, Seattle, WA 98101. GHC will respond in writing within twenty(20)working days of the receipt of a fully documented request. 24. Mental health care, except as specifically provided in Section X.K. 25. See coverage for pre-existing conditions under Section X.B. B. LIMITATIONS 1. Conditions and Extent of Coverage. ALL SERVICES AND BENEFITS UNDER THIS AGREEMENT MUST BE PROVIDED BY GHC MEDICAL PERSONNEL AT A GHC FACILITY UNLESS: a. The Member has received a Referral from a GHC physician. b. The Member has received Emergency services according to Section X.L. 2. Recommended Treatment. The Cooperative's Medical Director or his/her designee will determine the necessity,nature,and extent of treatment to be provided in each individual case and the judgment,made in good faith,will be final. Members have the right to participate in decisions regarding their health care. A Member may refuse recommended treatment or diagnostic plan to the extent permitted by law. In such case,GHC shall have no further obligation to provide the care in question.Members who seek other sources of care because of such a disagreement do so with the full understanding that GHC has no obligation for the cost,or liability for the outcome,of such care. 3. Major Disaster or Epidemic. In the event of a major disaster or epidemic, GHC Medical Personnel will provide Covered Services according to their best judgment,within the limitations of available facilities and personnel. The Cooperative has no liability for delay or failure to provide or arrange Covered Services to the extent facilities or personnel are unavailable due to a major disaster or epidemic. 0036900-003046 33 4. Unusual Circumstances. If the provision of Covered Services is delayed or rendered impossible due to unusual circumstances such as complete or partial destruction of facilities, military action, civil disorder, labor disputes, or similar causes, GHC shall provide or arrange for services that, in the reasonable opinion of GHC's Medical Director, or his/her designee, are emergent or urgently needed. In regard to nonurgent and routine services, GHC shall make a good faith effort to provide services through its then-available facilities and personnel. GHC shall have the option to defer or reschedule services that are not urgent or routine while its facilities and services are so affected.In no case shall the Cooperative have any liability or obligation on account of delay or failure to provide or arrange such services. Section XII. Claims Members must submit claims for reimbursement of Covered Services to GHC within sixty (60) days of the service date, or as soon thereafter as is reasonably possible. In no event, except in the absence of legal capacity, shall a claim be accepted later than one (1) year from the service date. This section applies to Covered Services received under Section X.L. and X.M.,or services for which the Member has received a Referral from a GHC physician. 0036900-CO3046 34 Medicare Endorsement For Persons Covered by Parts A and B of Medicare THE PROVISIONS OF THE GROUP MEDICAL COVERAGE AGREEMENT SHALL REMAIN IN EFFECT EXCEPT AS MODIFIED BY THE ADDITION OF THE PROVISIONS, EXCLUSIONS, AND LIMITATIONS CONTAINED IN THIS MEDICARE ENDORSEMENT. IN NO EVENT SHALL THE BENEFITS UNDER THIS ENDORSEMENT DUPLICATE THE BENEFITS UNDER THE GROUP MEDICAL COVERAGE AGREEMENT. THE HIGHER LEVEL OF BENEFIT WILL APPLY. COVERAGE UNDER THIS GROUP MEDICAL COVERAGE AGREEMENT IS INTEGRATED WITH THE MEDICAL AND HOSPITAL BENEFITS ESTABLISHED BY TITLE 18 OF THE SOCIAL SECURITY ACT AS AMENDED, AND REFERRED TO AS "MEDICARE." THE BENEFITS AND EXCLUSIONS DESCRIBED IN THIS ENDORSEMENT APPLY ONLY TO MEMBERS WHO ARE COVERED UNDER BOTH PART A AND PART B OF MEDICARE. Except as defined by Federal Regulations,all Members entitled to,or eligible to purchase Medicare must transfer to the GHC Medicare Plan upon such entitlement or eligibility. A condition of enrollment under the GHC Medicare Plan requires that a Member be continuously enrolled for the hospital (Part A) and medical (Part B) benefits available from the Social Security Administration, and sign any papers that may be required by GHC or Medicare. For additional information,the Member may refer to"The Medicare Handbook,"which can be obtained from your local Social Security office. NEITHER GHC NOR MEDICARE MAY PAY FOR SERVICES PROVIDED AT NON-GHC FACILITIES UNLESS THE MEMBER HAS BEEN REFERRED BY GHC OR THE MEMBER HAS RECEIVED EMERGENCY OR URGENTLY NEEDED SERVICES ACCORDING TO SECTION V.D. OF THIS MEDICARE ENDORSEMENT. Those enrolled under GHC's Medicare plan, as set forth in this Endorsement, all Copayments are waived except the prescription drug Copayment. This Endorsement does not constitute a Medicare supplemental contract. Section I. DEFINITIONS CUSTODIAL CARE: Care that is primarily for the purpose of meeting personal needs and could be provided by persons without professional skills or training. Custodial Care includes help in walking, bathing, dressing, eating, and taking medicine. EMERGENCY SERVICES(Medicare defined): Inpatient or outpatient services that are rendered immediately by an appropriate non-GHC provider because of an injury or sudden illness, and for which the time required to reach GHC or a GHC Designated Facility would risk permanent damage to the Member's health. HEALTH CARE FINANCING ADMINISTRATION (HCFA): The federal agency that administers the Medicare program. MEDICARE: The federal health insurance program for the aged and disabled. MEDICARE GUIDELINES: Coverage rules and policies established by the Health Care Financing Administration (HCFA),a federal agency. MEDICARE HANDBOOK (Titled "The Medicare Handbook"): A pamphlet published by the Health Care Financing Administration, which provides an easy-to-read explanation of Medicare benefits, and can be obtained from your local Social Security office,or your Washington State Part B carrier's office. 0036900-CO3046 35 PERMANENT MOVE: An uninterrupted absence of more than ninety(90)days from GHC's Service Area. REFERRAL: A written temporary referral agreement authorized in advance by a GHC physician and formally approved in advance through GHC's Medicare medical coverage approval process, that entitles a Member to receive Covered Services from a specified non-GHC health care provider. Entitlement to such services shall not exceed the limits of the Referral and is subject to all terms and conditions of the Referral and this Agreement. SERVICE AREA: The geographic area comprised of Island, King, Kitsap, Lewis, Pierce, San Juan, Skagit, Snohomish, Thurston,and Whatcom Counties,and any other areas designated by GHC and approved by the Health Care Financing Administration. (See Service Area Map.) SKILLED NURSING FACILITY: A Medicare certified and licensed facility, as defined in Medicare regulations, primarily engaged in providing skilled nursing care or rehabilitation and related services for which Medicare pays benefits or qualifies to receive such approval. URGENTLY NEEDED SERVICES (Medicare defined): Services needed in order to prevent a serious deterioration of the Member's health due to an unforeseen illness or injury while temporarily absent from GHC's Service Area,and which cannot be delayed until the Member returns to the Service Area. USUAL,CUSTOMARY,AND REASONABLE: A term used to define the level of benefits which are payable by GHC when expenses are incurred from a non-GHC physician or provider. Expenses are considered Usual, Customary and Reasonable if (1) the charges are consistent with those normally charged by the provider or organization for the same services or supplies; and(2)the charges are within the general range of charges made by other providers in the same geographical area for the same services or supplies. Section II. TERMINATION Enrollment under the GHC Medicare Plan for a specific Member, may be terminated in the circumstances set forth below. Until such time as a Member's termination of enrollment is effective, neither GHC nor Medicare shall pay for services provided at non-GHC Facilities unless the Member has been Referred by GHC or the Member has received Emergency or Urgently Needed Services according to Section V.D. of this Medicare Endorsement. A. Termination of Specific Members. 1. Loss of Medicare Part B Entitlement. If the Health Care Financing Administration(HCFA)advises GHC that a Member's entitlement to Medicare coverage no longer exists, or the Member voluntarily terminates Medicare enrollment, enrollment under the GHC Medicare Plan shall terminate the first of the month as specified by HCFA. 2. Change of Permanent Residence Outside GHC's Service Area. If a Member makes a Permanent Move as set forth in Section I. of this Medicare Endorsement, enrollment shall terminate the first day of the month following the month in which GHC receives notification of such move. 3. For Cause.Enrollment may be terminated upon written notice for: a. Knowingly providing fraudulent information to obtain coverage. In such event, GHC may rescind or cancel enrollment upon ten(10)working days'written notice. b. Permitting the use of a GHC identification card by another person. c. Failure to comply with the rules and regulations of GHC including disruptive, unruly, abusive or uncooperative conduct. Such termination shall be subject to review and approval by HCFA. 0036900-CO3046 36 Al _ , r B. Persons Hospitalized on the Date of Termination. A Member who is a registered bed patient receiving Covered Services in a GHC Facility or GHC Designated Facility on the date of termination shall continue to receive covered inpatient services, until discharge from the facility. This continued coverage will also apply to a Member hospitalized in a Medicare-certified non-GHC Designated Facility as a result of Emergency or Urgently Needed Services or Referral as set forth in Section VI.B. of this Medicare Endorsement. C. Services Provided After Termination. Any services provided by GHC after the effective date of termination (except those services covered under Section II.B. of this Medicare Endorsement) shall be charged according to the Directory of Services. The Subscriber shall be liable for payment of all such charges for services provided to the Subscriber and all Family Dependents. Section III. SUBROGATION "Injured person" under this section means a Member covered by this Agreement who sustains compensable injury. "GHC's medical expense"means the expense incurred by GHC for the care or treatment of the injury sustained. If the injured person was injured by an act or omission of a third parry giving rise to a claim of legal liability against the third party, GHC shall have the right to recover its cost of providing benefits to the injured person(subrogation) from the third party as set forth in this Agreement and in compliance with Medicare regulations and guidelines. GHC shall be subrogated to and may enforce all rights of the injured person to the extent of its medical expense. After Medicare laws and regulations mandating recovery of Medicare payments have been satisfied, the Cooperative's right of subrogation shall be limited to the excess of the amount required to fully compensate the injured person for the loss sustained.Full compensation shall be measured on an objective, case-by-case basis,but is subject to a presumption that a settlement which does not exhaust the third parry's reachable assets is full compensation to the injured person. The injured person and his or her agents must cooperate fully with GHC in its efforts to collect GHC's medical expenses. This cooperation shall include, but is not limited to, supplying GHC with information about any defendants and/or insurers related to the injured person's claim.The injured person and his or her agents shall permit GHC, at GHC's option,to associate with the injured party or to intervene in any action filed against any third party. The injured person and his or her agents shall do nothing to prejudice GHC's subrogation rights. The injured person shall not settle a claim without protecting GHC's interest. GHC shall not pay any attorney's fees or collection costs to attorneys representing the injured person where it has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written fee agreement signed by GHC prior to any collection efforts.When reasonable collection costs have been incurred,with GHC's prior written agreement, to recover GHC's medical expenses, there shall be an equitable apportionment of such collection costs between GHC and the injured person subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC. This provision does not apply to occupationally incurred disease,sickness,and/or injury. Section IVGRIEVANCE PROCEDURES A. GHC Member Services Program. The Member Services Program is designed to help a Member resolve formal complaints and concerns about medical and business service. GHC will record, resew and respond in a timely manner to a Member's concern. A concern should be registered initially at th. Member's area medical center. If not satisfied, the Member should then contact the regional Member Services Department, which will arrange for review by appropriate medical staff,management and/or GHC consumers. B. Reconsideration of Claims. 0036900-003046 37 ` , 9 If GHC denies a request for payment of a claim, or declines to provide services which the Member believes should be provided, the Member may file a request for reconsideration with GHC or a Social Security Administration office. The request must be filed in writing within sixty (60) days of GHC's written notice of denial unless an extension is specifically approved. If GHC does not overturn the denial in full, it will be referred by GHC to the Health Care Financing Administration for reconsideration. Section V. SCHEDULE OF BENEFITS All benefits and services listed in this Schedule of Benefits: • are subject to all provisions of this Agreement and Medicare Endorsement; • must be approved in advance by GHC except for Emergency and Urgently Needed Services as set forth in Section V.D.of this Medicare Endorsement;and • must meet Medicare guidelines and limitations unless otherwise specified. The booklet, "The Medicare Handbook" provides additional information about Medicare benefits, and can be obtained from your local Social Security office,or your Washington State Part B carrier's office. A. Skilled Nursing Facility. Upon Referral and following a Medicare-certified three (3) day hospital stay, GHC will cover up to one hundred (100) days of care in a Skilled Nursing Facility, in accordance with Medicare Guidelines,when Medically Necessary,as determined by GHC's Medical Director,or his/her designee. B. Hospice. Members with Part A and Part B of Medicare who elect to receive Medicare-covered hospice services may select any Medicare-certified hospice program. Members who elect to receive services from the GHC Hospice Program are entitled to hospice services as provided under the Medicare Hospice Program. Members who elect to receive hospice services do so in lieu of curative treatment for their terminal illness for the period that they are in the hospice program. To receive hospice services,the Member is required to sign the Hospice Election Form. Covered Services. In addition to the hospice services provided under the Group Medical Coverage Agreement, the following hospice services shall be provided: 1. Home Services Continuous care services per Member in the Member's home when prescribed by a GHC physician, as set forth in this paragraph. Continuous care is defined as "skilled nursing care provided in the home during a period of crisis in order to maintain the terminally ill patient at home." Continuous care may be provided for pain or symptom management by a Registered Nurse, Licensed Practical Nurse, or Home Health Aide under the supervision of a Registered Nurse. Continuous care may be provided up to twenty-four (24) hours per day during periods of crisis. Continuous care is covered only when a GHC physician determines that the Member otherwise would require hospitalization in an acute care facility. 2. Inpatient Hospice Services for short-term care shall be provided through a Medicare-certified Hospice Program when Medically Necessary, and authorized in advance by a GHC physician. Respite care is covered for a maximum of five (5) consecutive days per occurrence in order to continue care for the Member in the temporary absence of the Member's primary care-giver(s). 3. Other hospice services may include the following: a. drugs and biologicals that are used primarily for the relief of pain and symptom management; b. medical appliances and supplies primarily for the relief of pain and symptom management; c. counseling services for the Member and his/her primary care-giver(s);and 0036900-CO3046 38 d. bereavement counseling services for the family. C. Mental Health Care,Alcoholism and Drug Abuse Treatment Services. 1. Outpatient mental health, alcoholism and substance abuse treatment services are covered for each Member in accordance with Medicare Guidelines. 2. Inpatient mental health care services are covered in full up to a 190-day lifetime benefit when such services are provided in a Medicare-certified mental health facility. Inpatient alcoholism and drug abuse treatment services are covered in full when such services are provided in a hospital-based treatment center. 3. Coverage for Medical Emergencies incident to alcoholism and drug abuse or for acute alcoholism or drug abuse, including acute detoxification, is provided as set forth in Section V.D. of this Medicare Endorsement. D. Emergency/Urgently Needed Services. When an Emergency meets the Medicare definition for Emergency or Urgently Needed Services as defined in Section I.of this Medicare Endorsement,services are covered. DI. Out Of The Service Area Non-Emergent and/or Non-Urgently Needed Care. Non-Emergent and/or non- urgently needed care will be covered outside GHC's defined Service Area, up to a maximum of$2,000.00 (GHC's Service Area is defined in Section 1. of this Agreement). Coverage under this benefit does NOT include coverage of prescription drugs. Services, as noted in this section, are available to Members traveling outside GHC's defined Service Area, except when traveling primarily for the purpose of seeking medical care. The services received under this benefit are subject to all limitations set forth in this Agreement. All Medicare non-covered expenses, including hospital inpatient deductibles and inpatient and outpatient Coinsurances, are the responsibility of the Member. E. Medicare Ambulance Benefit. Medically Necessary ambulance transportation to or from a hospital or Skilled Nursing Facility is covered in full only if transportation by any other vehicle could endanger the patient's health and the ambulance,equipment, and personnel meet Medicare requirements. F. Medical and Surgical Care. The following medical and surgical services are covered when prescribed by GHC Medical Personnel,Medicare requirements are met: 1. Eye examinations and treatment for eye pathology. Evaluations and surgical procedures to correct refractions which are not related to eye pathology are not covered. Complications related to such surgery are also excluded. 2. One pair of eyeglasses or contact lenses, including examination and fitting, following cataract surgery, are covered subject to UCR charges when required to replace the natural lens of the eye. Covered eyeglasses and contact lenses must be dispensed through GHC Facilities. Replacements will be provided when needed due to change in the Member's medical condition or when deemed appropriate by a GHC physician. 3. Blood,blood derivatives,and their administration. 4. 'Maternity and pregnancy-related services, including visits before and after birth;involuntary termination of pregnancy;and care for any other complication of pregnancy. 0036900-CO3046 39 5. Organ transplants, limited to heart, kidney, cornea, bone marrow, and liver, when established criteria are met. 6. Physician calls (including consultations and second opinions by a GHC physician) in the hospital, office, home, Skilled Nursing Facility,nursing home,or convalescent center. 7. Restorative physical, occupational,and speech therapy following illness, injury,or surgery. 8. Immunizations and vaccinations that are listed as covered in the GHC Drug Formulary(approved drug list) or approved by Medicare. 9. Services related to dysfunction of the jaw. When Referred by a GHC physician, evaluation and treatment by a GHC-approved temporomandibular joint(TMJ)care provider. All TMJ appliances,other than the occlusal splint and its fitting,are excluded. Treatment of jaw dysfunction, including TMJ dysfunction, will NOT be provided when the dysfunction is related to malocclusion or when TMJ services are needed due to dental work performed. All such services and related hospitalization, including orthodontic therapy and orthognathic (jaw) surgery, are excluded regardless of origin or cause. (See Section X.B.17. of the Group Medical Coverage Agreement for Covered Services not meeting Medicare guidelines). 10. Chiropractic care limited to spinal manipulations. Excluded are any other diagnostic or therapeutic services, including x-rays,furnished by a chiropractor. Members who receive their primary care in portions of the GHC Service Area where GHC-designated licensed practitioners are available must utilize GHC's designated providers in order to be covered. 11. Podiatric care. Services are covered when all Medicare criteria are met and when authorized in advance by your Primary Care Provider. Excluded is treatment of flat feet or other misalignments of the feet; removal of corns and calluses; and routine foot care such as hygienic care, except in the presence of a nonrelated medical condition affecting the lower limbs. Members who receive their primary care in portions of the GHC Service Area where GHC designated licensed practitioners are available must utilize GHC's designated providers in order to be covered. 12. Home intravenous(IV)drug therapy services. 13. Routine eye examinations and refractions, limited to once every twenty-four (24) months, except when Medically Necessary. Services for routine eye examinations must be received at a GHC Facility and in accordance with GHC medical criteria in order to be covered and are not subject to Medicare requirements. Lenses. One pair of standard glass single vision, lenticular, or nonblended bifocal or trifocal lenses, or contact lenses, will be covered subject to UCR charges once every twenty-four(24)months, and replaced as specified below,when received at a GHC facility and in accordance with GHC medical criteria. Frames. An Allowance of up to$100 per Member once every 24 months will be provided for frames. Replacements. Lens replacement for any reason (including loss, breakage or change in prescription) will be provided not more often than once every 24 months. Replacement of frames will be provided subject to the frames Allowance set forth above not more often than once every 24 months. 0036900-003046 40 14. Hearing examinations to determine hearing loss. Hearing aids, including examinations and fitting, must be received at a GHC Facility and are covered up to a maximum of$250 per Member once every 24 months. G. Prosthetic Devices, such as cardiac devices, intraocular lenses, artificial joints, breast prostheses, artificial eyes, and braces, are covered. Excluded are: orthopedic shoes unless they are part of leg braces; dental plates or other dental devices; and experimental devices. H. Medical/Surgical Supplies, such as casts, splints, post-surgical dressings, and ostomy supplies, are covered. I. Rental or Purchase of Durable Medical Equipment,such as oxygen and oxygen equipment,wheelchairs and other walk-aids,and hospital beds,is covered. J. Respite Care. 1. Eligibility. Respite care is provided to chronically dependent persons for reasonable and necessary in-home services,provided that such services are: a. authorized in advance by a GHC physician; b. provided by GHC Community Health Services or by a GHC-approved agency;and c. that the Member has incurred no less than the equivalent of$6,870.00 in expenses for Medicare Part B Covered Services during the calendar year in which respite benefits are to be provided. 2. Covered Services. Covered respite care services are provided up to a maximum of eighty (80) hours for the twelve (12) month period following the date all eligibility requirements are met. Covered respite services are limited to the following: a. Services of a homemaker or home health aide; b. Personal care services;and c. Nursing care provided by a licensed professional nurse. "Chronically dependent persons" under this section means persons who live with a voluntary care-giver; are dependent upon the care-giver for assistance with at least two activities of daily living, such as eating, bathing, dressing, toileting, or transferring in and out of a bed or chair; and who meet the eligibility requirements described above. Section VI EXCLUSIONS AND LIMITATIONS A. Exclusions. 1. Investigational procedures, including medical and surgical services, drugs and devices until formally approved by Medicare unless specifically provided herein (See Section XI.A.23. in the Group Medical Coverage Agreement). 2. Supportive devices for the feet. 3. Services directly related to obesity except as provided by Medicare. 4. Services or supplies not specifically listed as covered by Medicare or GHC. B. Limitations. Conditions and Extent of Coverage. EXCEPT AS PROVIDED IN SECTIONS V.F.10. AND V.F.11., ALL SERVICES AND BENEFITS UNDER THIS AGREEMENT MUST BE PROVIDED BY GHC MEDICAL PERSONNEL AT A GHC OR GHC DESIGNATED FACILITY UNLESS: 0036900-CO3046 41 I i 1. the Member has received a Referral from GHC, including formal advance approval through GHC's Medicare medical coverage approval process,or _ 2. the Member has received Emergency or Urgently Needed Services as defined in Section I. and as set forth in Section V.D.of this Medicare Endorsement. Section VII. CLAIMS PROCEDURE. Claims for services or supplies and explanation of Medicare benefits for services or supplies from providers other than Group Health Cooperative should be sent to: Medicare Claims, Group Health Cooperative of Puget Sound. If you must receive Emergency or Urgently Needed Services from a non-GHC provider, be sure to show your GHC I.D.card and your red,white, and blue Medicare card. A. The Member must file claims for services rendered during the first nine (9) months of a calendar year by December 31 of the following calendar year. B. The Member must file claims for services rendered in the last three(3)months of a calendar year the same as if the services had been furnished in the subsequent calendar year. The time limit on filing claims for services furnished in the last three (3)months of the calendar year is December 31 of the second calendar year following the calendar year in which the services were rendered. See "The Medicare Handbook" for additional information regarding filing claims, which can be obtained from your local Social Security office, or your Washington State Part B carrier's office, or call 1-800-772- 1213. GHC may obtain information which it deems necessary concerning the medical care and hospitalization for which payment is requested. 0036900-003046 42 L r Medicare Endorsement For Persons Covered by Part B only of Medicare THE PROVISIONS OF THE GROUP MEDICAL COVERAGE AGREEMENT SHALL REMAIN IN EFFECT EXCEPT AS MODIFIED BY THE ADDITION OF THE PROVISIONS, EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS MEDICARE ENDORSEMENT. IN NO EVENT SHALL THE BENEFITS UNDER THIS ENDORSEMENT DUPLICATE THE BENEFITS UNDER THE GROUP MEDICAL COVERAGE AGREEMENT. THE HIGHER LEVEL OF BENEFIT WILL APPLY. COVERAGE UNDER THIS GROUP MEDICAL COVERAGE AGREEMENT IS INTEGRATED WITH THE MEDICAL BENEFITS ESTABLISHED BY TITLE I8 OF THE SOCIAL SECURITY ACT AS AMENDED, AND REFERRED TO AS "MEDICARE." THE BENEFITS AND EXCLUSIONS DESCRIBED IN THIS ENDORSEMENT APPLY ONLY TO MEMBERS WHO ARE COVERED UNDER PART B ONLY OF MEDICARE. Except as defined by Federal Regulations, all Members entitled to,or eligible to purchase Medicare must transfer to the GHC Medicare Plan upon such entitlement or eligibility. A condition of enrollment under the GHC Medicare Plan requires that a Member be continuously enrolled for medical (Part B) benefits available from the Social Security Administration,and sign any papers that may be required by GHC or Medicare. For additional information, the Member may refer to "The Medicare Handbook," which can be obtained form your local Social Security office. NEITHER GHC NOR MEDICARE MAY PAY FOR SERVICES PROVIDED AT NON-GHC FACILITIES UNLESS THE MEMBER HAS BEEN REFERRED BY GHC OR THE MEMBER HAS RECEIVED EMERGENCY OR URGENTLY NEEDED SERVICES ACCORDING TO SECTION V.C. OF THIS MEDICARE ENDORSEMENT. Those enrolled under GHC's Medicare plan,as set forth in this Endorsement,all Copayments are waived except the prescription drug Copayment. This Endorsement does not constitute a Medicare supplemental contract. Section I. DEFINITIONS CUSTODIAL CARE: Care that is primarily for the purpose of meeting personal needs and could be provided by persons without professional skills or training. Custodial Care includes help in walking, bathing, dressing, eating, and taking medicine. EMERGENCY SERVICES (Medicare defined): Medicare Part B services that are rendered immediately by an appropriate non-GHC provider because of an injury or sudden illness,and for which the time required to reach GHC or a GHC Designated Facility would risk permanent damage to the Member's health. HEALTH CARE FINANCING ADMINISTRATION (HCFA): The federal agency that administers the Medicare program. MEDICARE: The federal health insurance program for the aged and disabled. MEDICARE GUIDELINES: Coverage rules and policies established by the Health Care Financing Administration (HCFA),a federal agency. MEDICARE HANDBOOK (Titled "The Medicare Handbook"): A pamphlet published by the Health Care Financing Administration, which provides an easy-to-read explanation of Medicare benefits, and can be obtained from your local Social Security office,or your Washington State Part B carrier's office. 0036900-CO3046 43 ' S PERMANENT MOVE: An uninterrupted absence of more than ninety(90)days from GHC's Service Area. REFERRAL: A written temporary referral agreement authorized in advance by a GHC physician and formally approved in advance through GHC's Medicare medical coverage approval process,that entitles a Member to receive Covered Services from a specified non-GHC health care provider. Entitlement to such services shall not exceed the limits of the Referral and is subject to all terms and conditions of the Referral and this Agreement. SERVICE AREA: The geographic area comprised of Island, King, Kitsap, Lewis, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom Counties, and any other areas designated by GHC and approved by the Health Care Financing Administration.(See Service Area Map.) URGENTLY NEEDED SERVICES (Medicare defined): Medicare Part B services needed in order to prevent a serious deterioration of the Member's health due to an unforeseen illness or injury while temporarily absent from GHC's Service Area,and which cannot be delayed until the Member returns to the Service Area. USUAL,CUSTOMARY,AND REASONABLE: A term used to define the level of benefits which are payable by GHC when expenses are incurred from a non-GHC physician or provider. Expenses are considered Usual, Customary and Reasonable if (1) the charges are consistent with those normally charged by the provider or organization for the same services or supplies; and(2)the charges are within the general range of charges made by other providers in the same geographical area for the same services or supplies. Section II. TERMINATION Enrollment under the GHC Medicare Plan for a specific Member, may be terminated in the circumstances set forth below. Until such time as a Member's termination of enrollment is effective, neither GHC nor Medicare shall pay for services provided at non-GHC Facilities unless the Member has been Referred by GHC or the Member has received - Emergency or Urgently Needed Services according to Section V.C. of this Medicare Endorsement. A. Termination of Specific Members. 1. Loss of Part B Medicare Entitlement. If the Health Care Financing Administration(HCFA)advises GHC that a Member's entitlement to Medicare coverage no longer exists, or the Member voluntarily terminates Medicare Part B enrollment, enrollment under the GHC Medicare Plan shall terminate the first of the month as specified by HCFA. 2. Change of Permanent Residence Outside GHC's Service Area. If a Member makes a Permanent Move as set forth in Section 1. of this Medicare Endorsement, enrollment shall terminate the first day of the month following the month in which GHC receives notification of such move. 3. For Cause.Enrollment may be terminated upon written notice for: a. Knowingly providing fraudulent information to obtain coverage. In such event, GHC may rescind or cancel enrollment upon ten(10)working days'written notice. b. Permitting the use of a GHC identification card by another person. c. Failure to comply with the rules and regulations of GHC including disruptive, unruly, abusive or uncooperative conduct. Such termination shall be subject to review and approval by HCFA. Section III. SUBROGATION 0036900-CO3046 44 . rl "Injured person" under this section means a Member covered by this Agreement who sustains compensable injury. "GHC's medical expense" means the expense incurred by GHC for the care or treatment of the injury sustained. If the injured person was injured by an act or omission of a third party giving rise to a claim of legal liability against the third party,GHC shall have the right to recover its cost of providing benefits to the injured person(subrogation) from the third party as set forth in this Agreement and in compliance with Medicare regulations and guidelines. GHC shall be subrogated to and may enforce all rights of the injured person to the extent of its medical expense. After Medicare laws and regulations mandating recovery of Medicare payments have been satisfied, the Cooperative's right of subrogation shall be limited to the excess of the amount required to fully compensate the injured person for the loss sustained.Full compensation shall be measured on an objective, case-by-case basis,but is subject to a presumption that a settlement which does not exhaust the third parry's reachable assets is full compensation to the injured person. The injured person and his or her agents must cooperate fully with GHC in its efforts to collect GHC's medical expenses. This cooperation shall include, but is not limited to, supplying GHC with information about any defendants and/or insurers related to the injured person's claim. The injured person and his or her agents shall permit GHC, at GHC's option,to associate with the injured party or to intervene in any action filed against any third party. The injured person and his or her agents shall do nothing to prejudice GV--"s subrogation rights. The injured person shall not settle a claim without protecting GHC's interest. GHC shall not pay any attorney's fees or collection costs to attorneys representing the injured person where it has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written fee agreement signed by GHC prior to any collection efforts.When reasonable collection costs have been incurred,with GHC's prior written agreement, to recover GHC's medical expenses, there shall be an equitable apportionment of such collection costs between GHC and the injured person subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC. This provision does not apply to occupationally incurred disease,sickness,and/or injury. Section IV. GRIEVANCE PROCEDURES A. GHC Member Services Program. The Member Services Program is designed to help a Member resolve formal complaints and concerns about medical and business service. GHC will record, research, and respond in a timely manner to a Member's concern. A concern should be registered initially at the Member's area medical center. If not satisfied, the Member should then contact the regional Member Services Department, which will arrange for review by appropriate medical staff,management and/or GHC consumers. B. Reconsideration of Claims. If GHC denies a request for payment of a claim, or declines to provide services which the Member believes should be provided, the Member may file a request for reconsideration with GHC or a Social Security Administration office. The request must be filed in writing within sixty (60) days of GHC's written notice of denial unless an extension is specifically approved. If GHC does not overturn the denial in full, it will be referred by GHC to the Health Care Financing Administration for reconsideration. Section V. SCHEDULE OF BENEFITS All benefits and services listed in this Schedule of Benefits: • are subject to all provisions of this Agreement and Medicare Endorsement; • must be approved in advance by GHC except for Emergency and Urgently Needed Services as set forth in Section V.C. of this Medicare Endorsement;and 0036900-003046 45 • must meet Medicare guidelines and limitations unless otherwise specified. The booklet, "The Medicare Handbook" provides additional information about Medicare benefits, and can be obtained from your local Social Security office. A. Hospice. It is understood and agreed that the following fully sets forth Covered Services for a Member with Part B Medicare only who elects to receive hospice services. Members who elect to receive hospice services do so in lieu of curative treatment for their terminal illness for the period that they are in the hospice program. To receive hospice services,the Member is required to sign the Hospice Election Form. Covered Services. Hospice services may include the following as prescribed by a GHC physician and rendered pursuant to an approved hospice plan of treatment: 1. Home Services Continuous care services per Member in the Member's home when prescribed by a GHC physician, as set forth in this paragraph. Continuous care is defined as "skilled nursing care provided in the home during a period of crisis in order to maintain the terminally ill patient at home." Continuous care may be provided for pain or symptom management by a Registered Nurse, Licensed Practical Nurse, or Home Health Aide under the supervision of a Registered Nurse. Continuous care may be provided up to twenty-four (24) hours per day during periods of crisis. Continuous care is covered only when a GHC physician determines that the Member otherwise would require hospitalization in an acute care facility. 2. Inpatient Hospice Services for short-term care shall be provided in a facility designated by GHC's Hospice Program when Medically Necessary and authorized in advance by a GHC physician and GHC's Hospice Program. Respite care is covered for a maximum of five (5) consecutive days per occurrence in order to continue care for the Member in the temporary absence of the Member's primary care-giver(s). 3. Other hospice services may include the following: a. drugs and biologicals that are used primarily for the relief of pain and symptom management; b. medical appliances and supplies primarily for the relief of pain and symptom management; c. counseling services for the Member and his/her primary care-giver(s);and d. bereavement counseling services for the family. B. Outpatient Mental Health Care, Alcoholism and Drug Abuse Treatment Services are covered for each Member in accordance with Medicare Guidelines. C. Outpatient Emergency/Urgently Needed Services. When an Emergency meets the Medicare definition for Emergency or Urgently Needed Services as defined in Section I. of this Medicare Endorsement, services are covered in ju1C C1. Out Of The Service Area Non-Emergent and/or Non-Urgently Needed Care. Non-Emergent and/or non- urgently needed care will be covered outside GHC's defined Service Area, up to a maximum of$2,000.00 (GHC's Service Area is defined in Section I. of this Agreement). Coverage under this benefit does NOT include coverage of prescription drugs. Services, as noted in this section, are available to Members traveling outside GHC's defined Service Area, except when traveling primarily for the purpose of seeking medical care. The services received under this benefit are subject to all limitations set forth in this Agreement. 0036900-CO3046 46 I I _ V All Medicare non-covered expenses including hospital inpatient deductibles and inpatient and outpatient coinsurances are the responsibility of the Member. D. Medicare Ambulance Benefit. Medically Necessary ambulance transportation to or from a hospital or Skilled Nursing Facility is covered in full only if transportation by any other vehicle could endanger the patient's health and the ambulance,equipment,and personnel meet Medicare requirements. E. Medical and Surgical Care. The following medical and surgical services are covered when prescribed by GHC Medical Personnel, Medicare requirements are met: 1. Eye examinations and treatment for eye pathology. Evaluations and surgical procedures to correct refractions which are not related to eye pathology are not covered. Complications related to such surgery are also excluded. 2. One pair of eyeglasses or contact lenses, including examination and fitting, following cataract surgery, are covered subject to UCR charges when required to replace the natural lens of the eye. Covered eyeglasses and contact lenses must be dispensed through GHC Facilities. Replacements will be provided when needed due to change in the Member's medical condition or when deemed appropriate by a GHC physician. 3. Blood,blood derivatives,and their administration. 4. Maternity and pregnancy-related services,including visits before and after birth; involuntary termination of pregnancy;and care for any other complication of pregnancy. 5. Organ transplants, limited to heart, kidney, cornea, bone marrow, and liver, when established criteria are met. 6. Physician calls (including consultations and second opinions by a GHC physician) in the hospital, office, home,Skilled Nursing Facility,nursing home,or convalescent center. 7. Restorative physical,occupational,and speech therapy following illness, injury,or surgery. 8. Immunizations and vaccinations that are listed as covered in the GHC Drug Formulary(approved drug list) or approved by Medicare. 9. Services related to dysfunction of the jaw. When Referred by a GHC physician,evaluation and treatment by a GHC-approved temporomandibular joint(TMJ)care provider. All TMJ appliances, other than the occlusal splint and its fitting, are excluded. Treatment of jaw dysfunction, including TMJ dysfunction, will NOT be provided when the dysfunction is related to malocclusion or when TMJ services are needed due to dental work performed. All such services and related hospitalization, including orthodontic therapy and orthognathic (jaw) surgery, are excluded regardless of origin or cause. (See Section X.B.17. of the Group Medical Coverage Agreement for Covered Services not meeting Medicare guidelines). 10. Chiropractic care limited to spinal manipulations. Excluded are any other diagnostic or therapeutic services, including x-rays, furnished by a chiropractor. Members who receive their primary care in portions of the GHC Service Area where GHC-designated licensed practitioners are available must utilize GHC's designated providers in order to be covered. 0036900-003046 47 11. Podiatric care. Services are covered when all Medicare criteria are met and when authorized in advance by your Primary Care Provider. Excluded is treatment of flat feet or other misalignments of the feet; removal of corns and calluses; and routine foot care such as hygienic care, except in the presence of a nonrelated medical condition affecting the lower limbs. Members who receive their primary care in portions of the GHC Service Area where GHC designated licensed practitioners are available must utilize GHC's designated providers in order to be covered. 12. Home intravenous(IV)drug therapy services. 13. Routine eye examinations and refractions, limited to once every twenty-four (24) months, except when Medically Necessary. Services for routine eye examinations must be received at a GHC Facility and in accordance with GHC medical criteria in order to be covered and are not subject to Medicare requirements. Lenses. One pair of standard glass single vision, lenticular, or nonblended bifocal or trifocal lenses, or contact lenses, will be covered subject to UCR charges once every twenty-four (24)months, and replaced as specified below,when received at a GHC facility and in accordance with GHC medical criteria. Frames. An Allowance of up to $100 per Member once every twenty-four (24) months will be provided for frames. Replacements. Lens replacement for any reason (including loss, breakage or change in prescription) will be provided not more often than once every 24 months. Replacement of frames will be provided subject to the frames Allowance set forth above not more often than once every 24 months. 14. Hearing examinations to determine hearing loss. Hearing aids, including examinations and fitting, must be received at a GHC Facility and are covered up to a maximum of$250 per Member once every 24 months. F. Prosthetic Devices,such as cardiac devices,intraocular lenses,artificial joints,breast prostheses,artificial eyes, and braces,are covered.Excluded are: orthopedic shoes unless they are part of leg braces;dental plates or other dental devices;and experimental devices. G. Medical/Surgical Supplies,such as casts,splints,post-surgical dressings,and ostomy supplies,are covered. H. Rental or Purchase of Durable Medical Equipment,such as oxygen and oxygen equipment,wheelchairs and other walk-aids,and hospital beds,is covered. I. Respite Care. 1. Eligibility. Respite care is provided to chronically dependent persons for reasonable and necessary in-home services,provided that such services are: a. authorized in advance by a GHC physician; b. provided by GHC Community Health Services or by a GHC-approved agency;and c. that the Member has incurred no less than the equivalent of$6,870.00 in expenses for Medicare Part B Covered Services during the calendar year in which respite benefits are to be provided. 2. Covered Services. Covered respite care services are provided up to a maximum of eighty (80) hours for the twelve (12) month period following the date all eligibility requirements are met. Covered respite services are limited to the following: a. Services of a homemaker or home health aide; b. Personal care services; and c. Nursing care provided by a licensed professional nurse. 0036900-003046 48 "Chronically dependent persons" under this section means persons who live with a voluntary care-giver; are dependent upon the care-giver for assistance with at least two activities of daily living, such as eating, bathing, dressing, toileting, or transferring in and out of a bed or chair; and who meet the eligibility requirements described above. Section VI. EXCLUSIONS AND LIMITATIONS A. Exclusions. 1. Investigational procedures, including medical and surgical services, drugs and devices until formally approved by Medicare unless specifically provided herein (See Section XI.A.10. in the Group Medical Coverage Agreement). 2. Supportive devices for the feet. 3. Services directly related to obesity except as provided by Medicare. 4. Services or supplies not specifically listed as covered by Medicare or GHC. B. Limitations. Conditions and Extent of Coverage. EXCEPT AS PROVIDED IN SECTIONS V.E.10. AND V.E.I I., ALL SERVICES AND BENEFITS UNDER THIS AGREEMENT MUST BE PROVIDED BY GHC MEDICAL PERSONNEL AT A GHC OR GHC DESIGNATED FACILITY UNLESS: 1. the Member has received a Referral from GHC, including formal advance approval through GHC's Medicare medical coverage approval process,or 2. the Member has received outpatient Emergency or Urgently Needed Services as defined in Section I. and as set forth in Section V.C. of this Medicare Endorsement. Section VII. CLAIMS PROCEDURE Claims for services or supplies and explanation of Medicare benefits for services or supplies from providers other than Group Health Cooperative should be sent to: Medicare Claims, Group Health Cooperative of Puget Sound. If you must receive Emergency or Urgently Needed Services from a non-GHC provider, be sure to show your GHC I.D. card and your red,white,and blue Medicare card. A. The Member must file claims for services rendered during the first nine (9) months of a calendar year by December 31 of the following calendar year. B. The Member must file claims for services rendered in the last three(3)months of a calendar year the same as if the services had been furnished in the subsequent calendar year. The time limit on filing claims for services furnished in the last three(3)months of the calendar year is December 31 of the second calendar year following the calendar year in which the services were rendered. See "The Medicare Handbook" for additional information regarding filing claims, which can be obtained from your local Social Security office,or your Washington State Part B carrier's office. GHC may obtain information which it deems necessary concerning the medical care and hospitalization for which payment is requested. 0036900-CO3046 49 COPAYMENTS AND ALLOWANCES SCHEDULE The benefits described in this schedule are subject to all provisions, limitations and exclusions set forth in the Group Medical Coverage Agreement. STOP LOSS: Total out-of-pocket Copayment expenses for the following Covered Services: Limited to an aggregate maximum of$750 per Member and$1,500 per family per calendar year. • Outpatient Services • Emergency Care at a GHC or GHC Designated Facility INPATIENT HOSPITAL SERVICES: HOSPITAL CARE: All inpatient medical and surgical hospital care services are subject to the stated Copayment. • Chemical dependency treatment(see benefit limits under Chemical Dependency section of the Copayments and Allowances Schedule) • Rehabilitation Services. Inpatient physical, occupational and restorative speech therapy services combined, including services for neurodevelopmentally disabled children age six (6) and under, plus associated hospital services for the purpose of rehabilitation is covered up to 60 days per condition per calendar year. • Pregnancy-related complications prior to delivery • Other pregnancy-related services No Copayment. Covered in full. OUTPATIENT SERVICES: Diagnostic radiology and laboratory services and administration of injections including covered immunizations and vaccinations are not subject to the outpatient Copayment. All other outpatient medical and surgical services are subject to the stated Copayment. • Medical and surgical care • Office visits, including consultations • Outpatient surgery • Physical examinations,including well-child care and routine mammography screening • Radiation therapy and chemotherapy • Family planning counseling • Audiological testing • Routine eye exam/refraction;contact lens exams and fitting for eye pathology • Chemical dependency treatment(see benefit limits under Chemical Dependency section of the Copayments and Allowances Schedule) • Prenatal and postpartum visits and prenatal testing • Pregnancy-related services • Outpatient physical, occupational and restorative speech therapy services combined, including services for neurodevelopmentally disabled children age six (6) and under are covered up to 60 visits per condition per calendar year $5 Copayment per visit per Member. 0036900-CO3046 50 CHEMICAL DEPENDENCY: • Benefit Period Allowance $5,000 maximum per Member per any 24 consecutive calendar month period • Lifetime Maximum Benefit $10,000 per Member TOBACCO CESSATION: • Individual/Group Sessions Covered at 50%of the total charges. Coinsurance does not apply to Stop Loss. • Nicotine replacement therapy Covered subject to the Outpatient Prescription Drug Copayment for each(30)day supply or less of a prescription or refill when provided at GHC Facilities and prescribed by a GHC Provider. Copayment does not apply to Stop Loss. PRESCRIPTION DRUGS - OUTPATIENT: Drugs and medicines (including injectables) which require a prescription when provided at GHC Facilities and prescribed by a GHC Provider for a supply of thirty(30) days or less of an outpatient prescription or refill is subject to the stated Copayment. Covered subject to the lesser of GHC's charge or a$5 Copayment. Copayment does not apply to Stop Loss. MENTAL HEALTH CARE: • Outpatient Services Twenty (20) visits covered per Member per calendar year subject to $20 Copayment per individual/family/couple session and$10 per Member per group session;no coverage thereafter. • Inpatient Services Coverage Allowance up to 12 days at 80%per Member per calendar year at a GHC-approved mental health care facility when authorized in advance by GHC. Total expenses,Copayments and Coinsurance paid for mental health treatment do not apply to Stop Loss. EMERGENCY CARE: All emergency care services are subject to the stated Copayment. • At a GHC or GHC Designated Facility $50 Copayment per Emergency visit per Member. Copayment is waived if Member is admitted directly from the Emergency department. • At a non-GHC Designated Facility 0036900-CO3046 51 $100 Deductible per Emergency visit per Member. Emergency Deductible does not apply to Stop Loss. AMBULANCE SERVICES: • Transport to a GHC Facility,GHC Designated Facility,or non-GHC Designated Facility. Covered at 80%. Coinsurance amount does not apply to Stop Loss. • Transfer to a GHC or GHC Designated Facility No Copayment. ORTHOPEDIC APPLIANCES: • Orthopedic appliances when prescribed by a GHC Provider and listed as covered in the Orthopedic Appliance Formulary. Covered Services are subject to a 50%Coinsurance. Coinsurance amount does not apply to Stop Loss. NASAL CPAP DEVICE: • Nasal CPAP device when Medically Necessary and authorized in advance by GHC. Covered Services are subject to a 50%Coinsurance. Coinsurance amount does not apply to Stop Loss. POST-MASTECTOMY BRAS: Covered Services are subject to a 50%Coinsurance. Coinsurance amount does not apply to Stop Loss. TEMPOROMANDIBULAR JOINT(TM)SERVICES: • Inpatient and outpatient TMJ services when Medically Necessary and authorized by GHC. $1,000 maximum per Member per calendar year • Lifetime Maximum Benefit $5,000 per Member SKILLED NURSING FACILITY: • Care in a GHC-approved skilled nursing facility Coverage allowance up to thirty(30)days per condition per Member. PA-1133 -Basic Agreement 0036900-CO3046 52 1 C! L PA-1117-Service Area Map CA-174-Medicare A&B CA-175-Medicare B Only CA-66-M&A DA420-MT-A CA48-PEC(0) CA-573 -IM-U CA-61 -SN-A 0036900-CO3046 53 d C��erauv+e Dues Schedule PugFor attachment to Group Medical Coverage Agreement with: KENT, CITY OF GROUP # 00369 This schedule reflects Group Health Cooperative monthly dues effective January 1, 1997 and guaranteed to January 1, 1998. MONTHLY HEALTH CARE DUES Subscriber only ................................................... $157.94 per month Subscriber and Spouse............................................................................. $353.38 per month Subscriber-and Child ren ................... $318.53 per month ( )......................................................Subscriber and Family.............................................................................. $505.90 per month Spouseonly.............................................................................................. $195.44 per month ) Y Child ren only ........... $160.59 per month ( ...............................................................................Spouse and Child(ren)................................................................... ......... $356.04 per month COPAYMENT PROVISION The following copayments apply to this plan. See Group Medical Coverage Agreement for benefit details. $5 Outpatient/Office Visit $5 Outpatient Prescription Drugs $0 Inpatient Co-pay $50 Emergency Room 0 Month Pre-existing Condition BILLING INFORMATION Dues must be remitted on a calendar month basis on or before the first day of the coverage month for which they become payable. Each remittance must be accompanied by a list of subscribers for whom such dues are paid. 9.0 percent(9%) of each month's medical dues for each member and each family enrollee, as scheduled above, is the budgeted prepayment for cost of all pharmaceuticals and prescription to be dispersed on written orders of the Group Health Cooperative Medical Staff for the next fiscal year under coverage of your medical coverage agreement Group Health Cooperative of Puget Sound does not discriminate on the basis of physical or mental handicaps in its employment practices or services. BILLING INFORMATION, Continued Regardless of the effective date of enrollment for a Subscriber and Family Dependents, the Group will not be required to submit dues to the Cooperative for the month of enrollment, and these Enrollees will appear on the subsequent month's billing at the regular charge. When the Subscriber's enrollment terminates, the group will submit the full amount of dues to the Cooperative regardless of the specific date of termination for that month. WashD Where to get care at Group Health rr coopmiiw rt ofR)GOS«rd Legend e OHC Medical Centers ♦ OHCNlrginla Mason Joint Medical Centers ♦ OHC 1peClalty Center aSumas *OHC Hospitals s Lynden AFerndale"Verson a trartbiPav�Medical (San Juan tlYbatm co Centers t Hospitals OHGS/S. --..aB�g� Each symbol shows which ■pastsound t.rAM/IS. type of facility is available. ` Conaete• Refer to the list inside for Fridays ,.e Lopez aSedalwoolley the tames and exact Harbor tOPErIS sAnacortes fkagK locations of all facilities. aBurEngton Services are availablea Oak Harbor La er■ a Mt.Vernon INSIDE the solid lines only. aCoupeville ■Darrington eland aSt�wood aArlington FortAngeks■ � `sMarysvllb' Cdattam s a- 6*Evcmn lnehorntak' aMomislt'e Mime PouLsbo■ 'Lynnwood w Kftoap Bainbrldge •Bothell " Silverdale• Ialwd e1*Redmond • [1��� Brrnnerton■ **A-elctlldarld ■Lttaquah -Port 0 a•BelievttelFa�ttoria O westseattle Mason Bur King ■Vashtm ♦Kau Grays •Federal way Harbor ■Shehn TacOM2 Atl 0 •PuYa►lup Pierce Thurston ------------------ a centniia Lewis F. s, Area of Detail 9/96 Kent City Council Meeting Date June 3 , 1997 Category Consent Calendar 1. SUBJECT: BANKING SERVICES CONTRACT - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their May 27th meeting, authorization for the Mayor to approve a five-year banking services contract with U.S. Bank with optional two-year extensions. A four-month evaluation. considered 43 items with focus on Cost, Service as Providers, Customer Service, and Innovation/Technology. U. S. Bank' s proposal was verified to provide full service at the lowest cost to the City and at a high level of customer satisfaction. 3 . EXHIBITS: Memo from May Miller, Director of Finance 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 31 Memo Date: May 20, 1997 To: Operations Committee (� From: May Miller, Director of Finance Subject: Banking Services Contract The City of Kent began the Banking RFP process in February 1997. Proposals were distributed to local banks and a notice was published in the Daily Journal of Commerce on 2/12/97 and 2/26/97. Two banks responded by the cutoff date of March 14, 1997. They were U.S.Bank, our current banking services provider, and KeyBank. A five-committee team including myself, John Hillman the Assistant Finance Director, Tom Vetsch, the Customer Services Manager, Jim Huntington, Internal Auditor and Susan Narick, Financial Analyst, extensively reviewed the proposals and evaluated 43 separate items using the following criteria; 1) Cost, 2) Services provided, 3) Customer Service, and, 5) Innovation/Technology. Both banks presented excellent proposals which made the selection process very difficult. In addition to the proposals, we made site visits and followed through with references calls. The committee separately and jointly, rated the proposals, site visits and reference calls. Based on this rating, we are recommending U.S. Bank to provide the City's Banking Serving for the next five years. In all evaluations, U.S. Bank provided the required service at the lowest cost. U.S. Bank's Proposal will save the city approximately $1,000 a month over the Key Bank Proposal and, as part of their initial proposal, U.S. Bank is also offering a$1,000 credit to be applied to our first month's analysis charges. In addition, their references verify full-service at a high level of customer satisfaction and we will not have any conversion costs. Not only will a savings be achieved by a new contract with U.S. Bank, but their recent merger with First Bank Systems will provide enhanced technological changes. The City will be able to achieve balancing efficiencies as well as offer new Credit and Debit Cards and other new payment options. Although both Banks rated high,U.S. Bank was able to offer a consistent high level of service at the lowest cost to the City. COUNCIL ACTION: Authorize the Mayor to sign a five-year banking services contract, with U.S. Bank with optional two (2)-year extensions. Kent City Council Meeting Date June 3 , 1997 Category Consent Calendar 1. SUBJECT: DEL MAR ANNEXATION CENSUS CONTRACT - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign an agreement with Cutting Edge Enterprises in the amount of $38, 923 . 11 in a form substantially similar to the attached proposed agreement for census services for the Del Mar annexation. The annexation is to be effective July 1, 1997. The State Office of Financial Management requires that a census be conducted within 30 days of the effective date of the annexation. 3 . EXHIBITS: Memo and contract 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J CITY OF �L!22 Jim White, Mayor Planning Department (206) 859-3390/FAX (206) 850-2544 James P. Harris, Planning Director MEMORANDUM June 3, 1997 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: MARGARET PORTER, ADMINISTRATIVE ASSISTANT III SUBJECT: DEL MAR ANNEXATION CENSUS - AUTHORIZATION FOR THE MAYOR TO SIGN THE CONTRACT The Del Mar area will be annexed to Kent on July 1, 1997. The Office of Financial Management (OFM)requires that a census be conducted within 30 days before or after the effective date. Per the recommendation of the City Council Operations Committee, authorization is needed for the Mayor to sign an agreement with Rob Scribner of Cutting Edge Enterprises in a form substantially similar to the attached, proposed agreement for census services. I have negotiated the contract with Robert Scribner to conduct a population census in the Del Mar annexation area for the amount of $38,923.11. Cutting Edge Enterprises will begin the census when the effective date of the ordinance is in effect, approximately June 8th. In order to keep costs down, I have agreed to supply photo copies of the required forms and miscellaneous supplies(see exhibit A). Also, a temporary secretary will be hired to answer telephones lines during the census to take census information. This was the method used successfully during the Meridian annexation to help with call backs. MJP/mp:c:delmar.cen Attachment M. Brent McFall, Director of Operations James P. Harris, Planning Director 220 4th AVE SO., /KENT WASHINGTON 98032-5895/TELEPHONE QW859-3300/FAX#859-3334 SERVICE AGREEMENT This Asreement is made and entered into on the date fully executed below. by and between the CITY OF KENT. a Washington municipal corporation. (hereinafter "City"), and ROBERT SCRIBNER d/b/a CUTTING EDGE ENTERPRISES. a sole proprietor. (hereinafter "Contractor"). located at 3302-5 Pacific Place. Black Diamond. Washington 98010. RECITALS WHEREAS, the City desires to retain services for the census project regarding the Del Mar Annexation: and WHEREAS, Contractor agrees to perform professional consultant services under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: SECTION ONE DESCRIPTION OF WORK Contractor will perform services on behalf of the City and conduct a population census in the Del Mar Annexation area. Contractor shall perform the work in accordance with all applicable state, federal and City laws, consistent with accepted practices for other similar services, and substantially in every respect to the direction and approval of the Planning Director, within the time specified herein, and in accordance with any instructions and information contained in this Agreement. Contractor shall perform the following duties in conjunction with their services as outlined in the attached Exhibit A. SECTION TWO TERM The term of this Agreement shall be for a period beginning on the date of execution hereof until July 18. t 997, unless sooner terminated as provided for herein. failure to pay. In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination. and the City may thereafter take possession of all records and data pertaining to this project within Contractor's possession. SECTION SEVEN STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. The Contractor and/or its subcontractor(s) shall secure at his own expense. and be responsible for any and all payment of income tax, social security. state disability insurance compensation, unemployment compensation, Worker's Compensation, and all other payroll deductions for the Contractor and its officers, agents and employees and the costs of all business licenses. if any, in connection with the services to be performed hereunder. Contractor will be solely responsible for its acts and the acts of Contractor's agents, employees, servants, and subcontractors during the performance of this contract. SECTION EIGHT DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, the Contractor, its subcontractors or any person acting on behalf of such Contractor or subcontractor shall not, by reason of race, religion, color, sex or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates. SECTION NINE WORKER'S COMPENSATION Contractor agrees to maintain, at Contractor's expense, Worker's Compensation at the limits required by the State of Washington, to fully protect both Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. 3 SECTION TEN INDEMNIFICATION The Contractor shall hold the City and its officers. agents. and employees harmless from all costs. claims, or liabilities of any nature including attorney's fees, costs. and expenses for or on account of injuries or damages sustained by any persons or property arising out of or in connection with the activities or omissions of the Contractor, its agents or employees pursuant to this Agreement, or on account of any unpaid wages or other enumeration for services. and if a suit as described above be filed. the Contractor shall appear and defend the same at its own cost and expense. and if judgment be rendered or settlement made requiring payment by the City, the Contractor shall pay the same. SECTION ELEVEN INSURANCE During the term of this agreement and during any extensions or renewals the Contractor and any subcontractor of the Contractor shall procure and maintain a policy of automobile liability insurance with no less than the minimum coverage required by the state of Washington for bodily injury, including personal injury or death and property damage. The Contractor shall submit to the City a copy of the insurance policy declaration page as evidence of insurance coverage acceptable to the City. SECTION TWELVE OWNERSHIP OF RECORDS AND DOCUMENTS Original documents. drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available, is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. 4 SECTION THIRTEEN ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City. and such statements shall not be effective or be construed as entering into or forming a part of. or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. any addenda attached hereto. and all bid related documents. if any. which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a pan of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. SECTION FOURTEEN WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or Contractor. SECTION FIFTEEN ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. SECTION SIXTEEN WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee 5 at the address stated in this Agreement or such other address as may hereafter be specified in writing. SECTION SEVENTEEN GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION EIGHTEEN RESOLUTION OF DISPUTES Should any dispute. misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and Contractor cannot be resolved by the City's determination within a reasonable time,jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CUTTING EDGE ENTERPRISES THE CITY OF KENT i ROBERT SCRIBNER JIM WHITE, MAYOR 33025 Pacific Place 220 Fourth Avenue South Black Diamond WA 98010 Kent, Washington 98032 Date: S�zz�9� Date: 6 Approved as to form: Roger A. Lubovich City Attomev Attest: Citv Clerk P'ILAWNCONTRACTCUTHDGIAGR 7 -\act -filar nrexancn sic To: Margie Porte;" From: Robert Scribner Revision 1 Final Attachment (1 ) 4/22/97 The following bid is based on a 30 day annexation Period. Bid expires 60 days of receipt. Firm fixed price. COST BREAKDOWN Expenditures Cost Salaries 3 29.268.00 G & A 3 7.902.36 Map Development. Planning & Training 3 - Copies & Supplies 3 - Travel & Allowances 3 1 ,152.15 Total Bid Amount 3 38,923.1 Contact: Robert Scribner 33025 Pacific PI. Black Diamond. Wa. 98010 Phone or Fax: (360) 886-7209 Daytime: 655-0101 EXHIBIT.L K2rt CQ! -ar 'nrexar;ln �i-rciies �:eeCeC 1..1'v V!V ':aria C�- i�JLI�! it :..751 . .'.� •Li =ocr_rianon Scneduies for Eni.imerpmrs data �-oiiertron _Inn Call Back Sheets Used for Peocle missed to nail n 2CG0 Dock Summaries Used tC tally each Bieck *cc Enumerator C'st. Summary Usec to tally I ricks =C Special =oc Ca^ Summaries _sea to tally Annexation Data =naI) Mavors Letter ;,iVen to eaCn anumerato' iC,bi r,to) Ccor notices _eft at homes with Knewene ncme 2INC Mileace Sheets Usec by enumerators to track mneace Enumerator Car Signs Bnaht Color nstailed in Enumerators car wmcow N/A Cars sicns ;:an ce .ised on =r annex sl 3" enders (Nmecock) "mite =a. Enumerator CFM ReCcrt : _-i^i 4. < '-" Macs Arnexat!cn Mac (Reeu;red By CF Al In Noteccok Cmcers (5 sheetl .:sea to divide Biecks n netecccKS 0 sets 3" n.;pberbands - tn!n used to Hang door notice at homes ' Box Clear-:astir, Envelopes Usec to hanr, door nonce !Find at Scene) _CCG G?nr,!i5 lised r)v enumeratnr5 .anh czl.irr T-,irP5 toy C-Nocearcis Used -v enumerators 3 Clear Piastic Sheet Frctectcrs jsed in Muster -ecc~ Summar.-s =CG V' ;: '?" Macs annexation. Mao !Peou:red By CF'•,1) =^ Badces r=or Enumerators and Sueeroscrs Nl!A "(0 =We will supply Master sheet Contract wril ce%vith . Cutting Edge Enteronses Pease set up , -none line each with voice mail (Cne line `or each Annexation) We swill need to know the onone Numoers soon to create cccr notices) JVe -Al need notebooks and dividers cght sway. 1 May%-✓e use veu;Temcerary Employee to answer pnones for the tlrst _� uays of?acn Annexaton? 'We would like to request a 3 10.00C.3.0 -avment on June 30. 1-0-07 ^nor to conolenon P'_vrcil Pccask OFT Invoice will be due at delivery to City Cf Kent one Annexation and City Summary Please clanfv Invoice processing time required by City of Kent (Payroll Purposes) Please schedule 9adge pictures late in the day or early evening. (For part time employees) You can Fax information to us. if needed at 360-886 =C9 (Smart Fax Svstem) We will deliver Master copies 3 weeks prior to Annexation. =!ease remember that this is only a work sheet to help i is r^Pet each others needs `hanx voi.r for,/our hero and trust Robert Srnbner• 360-886-7103 or WorK 306�355 GZG1 Rev. 1 rrom: Robert Scribner Subiect City of Kent _-1,nnexarinn Proposal Attachment 11 ?: Cil, of Kent Anne ration Bid Revision 1 Cite° of Kent annexation (Kent Del-Mar; 1 his bid is based on perter rninJ_ the constls anne,,-2non t6r ,he Cin- o -,Kent '1e"-ell?ned ri•om the provided ;trey rn:in This hid is submitted with the follmvin!Z reauirement.s frnm the Cit1v: 1. Area anproximateiv 5;R acres 2. Approsimateiv 423 Single units. and 1 _500 Mutt. t-nits Estimated: �. Estimated population of 4000 4. 30 days between start and required completion t Mavhe Shorteri -. Request phone with voice mail. Provide required GIS maps or equivalent . �r::ilable ,'orn, Illachine i Daik-oneratiuns i ?. COON' -en-ic, will he provided as reQUtred :is ?stlmated on lirzacjj ld :;i1DOl,,' list S 10.000.ti0 pre ravment on .June '70. 190- (Pa-,roil Purr.oses i 10. Use of temporary employee for phone purposes. ' I- Strut Altne\at1Ull On .iunc 15th if approved i)v OF'M. ; \lavhe Eariieri This hid will nrnvide the foilowina: • Enumeration Sheets • Completed Cailhack sheets • All summary Sheets, • Block maps based on GIS mans or equivalent. • Trauk block ntups • Required manpower • Census Taker tools and.quipmern • City of Kent Sumrnary Report Formatted Annexation report for 0.F._I. Computer generated documents • Training session for enumerators. Kent City Council Meeting Date June 3 . 1997_ Category Consent Calendar 1. SUBJECT: PUGET SOUND PIPE & SUPPLY - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for Puget Sound Pipe & Supply submitted by S & L Properties, L.L.C. for continuous operation and maintenance of 274 feet of watermain improvements and release of bonds after the expiration period. The project is located at 7800 S. 202nd Street. 3 . EXHIBITS: Vicinity 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• ACTION: Council Agenda Item No. 3K FROM CITY" OF KENT ENGINEERING 206 B69 3S59 1997,05-30 09:32 #611 F.01i01 11r- O J 1 S 180TH ST SW 43RD ST W 1 \\\ 11 Irn ) ♦�\ 11 IfilST SI � - a/ WHO on N � i ) ( T r•V� TooO T Bl Itory W r I1>cl r5" ¢ ¢4 wl ¢ Z S IB67H ST � i \I S IfiBTM 57�_-�` Yir ,CIEF 97 Q i �t ✓ 5 1901H ST 111 J 1 5 190TH ST - � A i A� r� ST N � 10 5 196TH 51 m 1-- ---- ------ 5 197 ST 1 W � 00 --,-jog �' 2k 5 200TH ST c 5. ° 202N' 5 202N0 / 9T e W PROJ CT LOCAL' N 2U P` }; 5 2oYTH 9r = r o �� o Wl mi I N E„; Y 208TN Si oi 9 206TH STDa ' R S 206TH 97 w y e TH s xoern f � W1 s 4 � � TH_.ST__ ---..._..- ---- .------- _ 5 212TH ST ` y it SOUND PIPE & SUPPLY f Kent City Council Meeting Date June 3 , 1997 Category Other Business 1. SUBJECT: MERIDIAN WEST PRELIMINARY PLAT SU-96-02 - APPROVAL 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Wally and Anne Mseitif for a 25-lot single family residential preliminary subdivision. This plat is 4 . 86 acres in size and is located adjacent to 132nd Avenue SE, between 263rd and 266th Streets. 3 . EXHIBITS: Staff report, Findings and Recommendations, and preliminary plat map 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember-lL_moves, Councilmember / Pr'� seconds to accept/r-ejeettme&!4y- the Findings of the Hearing Examiner, and to adopt/ the Hearing Examiner's recommendation of approval of Meridian West Preliminary Plat. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF JWQ\-T2n'T Jim White, Mayor Planning Department (206)859-3390/FAX(206) 850-2544 James P. Harris,Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: MERIDIAN WEST #SU-96-2 APPLICANT: Wally and Anne Mseitif REOUEST: A request to subdivide 4.86 acres into 25 single family lots. LOCATION: The property is located adjacent to 132nd Avenue SE, between 263rd and 266th Streets. APPLICATION FILED: July 30, 1996 DETERMINATION OF NONSIGNIFICANCE ISSUED: September 13, 1996 MEETING DATE: March 19, 1997 RECOMMENDATION ISSUED: April 2, 1997 RECOMMENDATION: APPROVAL WITH CONDITIONS STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Linda Phillips, Planning Department Gary Gill, Public Works Department Frank Spanjer, Public Works Department PUBLIC TESTIMONY: Jeff Mann, Apex, for applicant Other Tony Fuoco Bob Mandich George Webb WRITTEN TESTIMONY: None 1 220 4th AVE SO /KENT WASHINGTON 98032-5895 1 TELEPHONE (206)859-3300/FAX#859-3334 _ Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 EXHIBITS: 1. Hearing Examiner file containing, application, public notice and staff report. 2. Letter to Hearing Examiner, dated March 10, 1997, from homeowners at Stillwater Greens. 3. Final Mitigation Report, dated October 29, 1996, prepared by Bredberg and Associates. 4.1-7: Photographs of site. INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEDURE A public hearing was held on March 19, 1997, in the City of Kent Council Chambers. All present were given an opportunity to testify and present evidence. The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions within 10 days of the close of the record based on information provided to him. FINDINGS 1. The owner of the property proposed for subdivision is Wally and Anne Mseitif of Kent, Washington. Exhibit 1, Application. The applicant was represented at the public hearing by Mr. Jeff Mann of Apex Engineering. 2. The property proposed for subdivision is located adjacent to 132nd Avenue SE, between 263rd Street and 266th Street. Exhibit 1, Staff Report. 3. The property is 4.86 acres. The applicant proposes twenty-five single family lots with the smallest lot of 4000 square feet. The applicant submitted a site plan dated July 26, 1996,that shows all lots in conformance with minimum lot size requirements. The proposed subdivision would result in 24 buildable lots. An existing dwelling would remain on one of the lots. Exhibit 1, Site Plan. 4. The property is zoned SR-8 with a 4,000 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF, Single Family Residential with eight dwelling units per acre. Exhibit 1, Staff Report. 2 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 5. Land use all around the property proposed for subdivision is single family residential. Site View; Exhibit 1, Staff Report. 6. There are several significant trees on the property. A tree plan identifying all trees with a caliper of six inches or greater is required prior to issuance of development permits. Exhibit 1, Staff Report. 7. A wetland area is located on the south portion of the site. A Wetland Delineation Report was received by the Planning Department and approved for the site. A Wetland Mitigation Plan was also received by the Planning Department and approved. Exhibit 1, Staff Report; Exhibit 43 A Final Mitigation Report. 8. There has been substantial concern in the community that the density of the proposed subdivision is too high. In particular the traffic impacts of the new development and the increased demand at the schools (which are already at capacity) are of concern. Additional concerns include: the new development may cause flooding due to stormwater runoff; wildlife in the area may be adversely impacted; and 130th and SE 263rd Place, which is currently a play area for children, may be adversely affected by the development. A citizen representing the Stillwater Greens Homeowners read a letter outlining these concerns which was signed by 36 individuals. Exhibit 2; Testimony of Mr. Fuoco. The City Engineer responded that a mitigation fee is imposed to address the increase demand on the schools. The City Engineer stated that SE 263rd Place was supposed to be a through street when the Stillwater plat was approved, and that it cannot remain a dead-end street and play area. He also noted that, as part of the conditions of the project, 132nd street would be improved by the developer to the full extent possible -- any further improvements would need to be performed by the city as part of the capital improvement plan. Testimony of Mr. Gill, City Engineer. The City Planner also noted that the project was consistent with Comprehensive Plan goals and that no threatened or endangered species are known to exist in the area. Testimony of Ms. Phillips, Planner. 9. A significant concern associated with this project is the potential increase in stormwater overflow. A neighbor who owns property to the west noted that stormwater overflow goes into his property. The pond located on this neighbors property at the edge of the proposed subdivision is full December through April and currently overflows occasionally. His concern is that the pond will overflow even more often after the development is constructed. He was also concerned with regard to sewage and was curious about how that was to be dealt with. Another neighbor also had concerns about stormwater drainage. His concern was that the runoff might contaminate of his Class B well. Testimony of Mr. Bob Mandich; Testimony of Mr. George Webb; Exhibit 4.1-4.7. 3 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 10. The City Engineer noted that they were aware of the problem of flooding caused by stormwater overflow, and he stated that a 70 %release rate was set to reduce the rate of flow from existing conditions. This will be accomplished by controlling the flow rate allowed at the gate of the detention pond. The stormwater plan must protect both Mr. Webb's well from contamination and Mr. Mandich's pond from increased rates of overflow. Testimony of Mr. Gill, City Engineer. 11. Access from the site to 132nd Avenue SE and to SE 263rd would be provided by a public street which would be 130th Avenue SE at the west property line and SE 264th Street running east west through the property. Vehicle access to the property does not present constraints to the proposal. Exhibit 1, Staff Report. 12. A water system and sanitary sewer system from Water District#111 can be extended to each lot. Exhibit ], Staff Report. 13. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS)was issued for the proposed subdivision on September 29th, 1996 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, mitigation of impacts to wetland areas and dedication of land for utilities and streets. Exhibit 1, MDNS. 14. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavit of Harris. 15. At the public hearing on March 19,the Planning Department recommended approval of this application subject to specific conditions. Exhibit 1, Staff Report. CONCLUSIONS Jurisdiction 1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence,to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 4 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 14. Criteria for Decision 1. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made;that maximum advantage of site characteristics shall be taken into consideration;and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates,proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with 5 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways,transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." Conclusion Based on Findings 1. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,5,6, 7,10,11,12, 13, 14 & 15. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist 4ENV-96-62 for the MERIDIAN WEST Subdivision. 6 Hearing Examiner Findings and Recommendation Meridian West 4SU-96-2 B. PRIOR TO RECORDATION OF THE SUBDIVISION: 1. The owner/subdivider shall provide a survey to be performed by a licensed land surveyor of the subject property, 132nd Avenue Southeast, Southeast 264th Street, Southeast 263rd Street, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, right-of-way centerlines, property lines, paving limits, and-other public and private improvements. 2 The owner/subdivider shall execute an agreement to financially participate in and pay a proportionate share in the cost of providing an off-site paved walkway between the plat boundary and the elementary school serving the plat area. Monies therefrom shall be deposited with the City prior to final plat approval of this subdivision. 3. A Wetland Delineation Report for this site has been received, and approved. A Wetland Mitigation Plan shall be submitted to Kent Public Works for review and approval prior to recording final plat. 4. The wetland boundaries shown in the approved Wetland Mitigation Report must be surveyed and marked with permanent survey monuments. The survey shall be shown on the face of the final plat. A licensed professional surveyor shall provide the survey which shows the wetland boundary, the approved wetland buffers, the areas of each, and the legal description for the Sensitive Area Tract for the Wetland. Copies of these maps will be included in the approved Wetland Mitigation Report. 5. The entire approved, preserved and constructed wetland(s) and it's buffer(s), and the 25 foot undisturbed creek buffer shall be permanently protected as a separate Sensitive Area Tract dedicated to the City of Kent in accordance with the Kent Wetland Management Code. The legal description for the Sensitive Area Tract for the creek buffer shall be prepared by a licensed land surveyor. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, signs and/or other appropriate screens, as well as an approved wildlife-passable fence. The following wording shall appear on the face of the final plat: SENSITIVE AREA TRACTS DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY,VISUAL AND AURAL BUFFERING, 7 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. 6. The owner/subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots, which shall be provided by the City of Kent. The sewer system shall be extended from off-site, and shall be sized to serve all off-site properties within the same service area. It appears that the sanitary sewer service within the Stillwater Greens plat, to the north, is too shallow to serve the subject property without extensive grading and filling. If this is the case, then sewers will have to be extended from the system located upon the west side of 132nd Avenue Southeast, approximately 1000 feet to the south of the subject property, or from the system located along 128th Avenue Southeast--requiring easements through abutting properties to the south and west. This route could be severely constrained by wetlands and a stream corridor. The owner/ subdivider's Engineer shall prepare a design engineering report for review and approval by the City to determine the appropriate design alternative to serve the subject property and the surrounding area. 8 Hearing Examiner Findings and Recommendation Meridian West 9SU-96-2 The existing residence on the property shall be connected to the public sewer system prior to the issuance of any permits upon the plat. The existing septic system shall be'as-built', and shown upon the approved engineering plans as "to be abandoned". The system shall be abandoned in accordance with King County Health Department rules and regulations. b. A water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by Water District Number 111. Contact the district for details on necessary improvements. C. A storm drainage system meeting the applicable standards for conveyance, detention, and water quality treatment. The minimum detention volume and release standards to be met for this project shall be that for the Soos Creek Drainage Basin, or the City of Kent Hill standards, whichever is more restrictive. The detention/retention facility shall be an open pond with no side slope being steeper than 2 Horizontal :l Vertical. The number of lots and/or lot configuration may be required in order to provide the retention/detention facility in a way that does not impact the adjacent wetland and wetland buffer. i Unless the owner/subdivider submits a drainage plan significantly different than what was submitted with the application for this subdivision,the owner/subdivider may be required to make extensive off-site improvements. In addition, the owner/subdivider will also have to obtain public stormwater easements for the entire conveyance system outside of existing City right-of-way or drainage easements. ii. The final Drainage Plan will clearly identify the existing and future capacity of each link in the drainage system for the required downstream analysis. The downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the points of discharge from the subdivision site downstream a distance of at least one-quarter mile, or to the point where stormwater discharges through the maintained City of Kent Meridian Meadows Detention Pond facility, whichever is further. The owner/subdivider shall identify all reaches which do not have the capacity for the peak flow from the 100-year, 24-hour design storm. In addition, should existing downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements (and wider easements where necessary), OR further detain/retain stormwater and 9 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions,then the owner/subdivider will have to further restrict the release of stormwater from this development. The downstream analysis shall clearly identify any problems/impacts upon the existing - detention facilities at Springbrook detention/wetland facilities and may require level-pool routing to identify those impacts. iii. Final Stormwater Drainage Plans for the plat will clearly show the proposed conveyance route from the subdivision to the City of Kent maintained Stormwater drainage system, and the appropriate public easements that will be provided to use this route. Legal descriptions for all easements shall be prepared by a licensed land surveyor. iv. A 25 foot wide undisturbed creek buffer is required from the line of ordinary high water for the unnamed tributary which discharges from the largest on-site wetland. Stormwater management facilities shall not be permitted within this buffer. V. Roof downspouts for each house and garage shall be directed to infiltration trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin. The following requirement shall be stated on the face of the final plat: RESIDENCES CONSTRUCTED ON LOTS CREATED BY THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS AS A CONDITION OF BUILDING PERMIT ISSUANCE. vi. The stormwater plan shall make provisions to ensure continued wetland hydrology. vii. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. 10 Hearing Examiner Findings and Recommendation Meridian West 4SU-96-2 viii. Surface water runoff along the edges of the plat shall be intercepted and conveyed into the public storm drainage system to avoid adverse off-site impacts. ix. The final Stormwater Drainage Plan must include measures to protect the Webb well from contamination by stormwater overflow and measures to ensure that the Mandich poind does not overflow more than presently is the case. The release rate from the property must be lower than presently exists. d. The owner/subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and constructed wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. ii. Stormwater treatment facilities shall not encroach within any approved 25 foot wetland buffers, nor shall they encroach within the 25 foot undisturbed creek buffer along the south margin of the proposed detention tract. e. The owner/subdivider shall grade for streets, utilities and for house pads for all lots. Grading and Temporary Erosion/Sedimentation Control Plans shall meet the requirements of the City of Kent Construction Standards. 132nd Avenue Southeast is currently operating at level-of-service "F" with segment traffic volumes near the intersection of Southeast 256th Street where the roadway is only two lanes, exceeding 15,000 vehicles per day. South of the subdivision, near the intersection of SR 516, the daily traffic volumes along the three-lane section of roadway exceed 20,000 vehicles per day. f. The owner/subdivider shall construct a half-street widening/ improvement of 132nd Avenue Southeast across the entire frontage. This widened street shall include an additional 14-foot wide strip, dedicated to the City of Kent, 11 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 across the entire property frontage, for the widening and improvement of the west half of 132nd Avenue Southeast to City Standards for a Minor Arterial roadway, augmented with bicycle lanes. i. The paved half-street ( one half of a Minor Arterial roadway plus a bicycle lane ) roadway width shall be a minimum of 29-feet as measured from the right-of-way centerline to the face of curb or future roadway centerline as determined by the City, based on survey required in prior conditions, and shall include transitions to match the current pavement widths adjacent to the subdivision as well as street lighting; a 10-foot wide concrete sidewalk/bikeway along the westerly side of 132nd Avenue Southeast; drainage facilities; street channelization; utilities and appurtenances. ii. In order to provide adequate safe access into the plat street, mitigate the increased number of northbound left-turns created by the subdivision of property, and the conflicts that these trips will create with the existing traffic volumes and high travel speeds on 132nd Avenue Southeast, these improvements shall also include sufficient pavement to provide a 12-foot wide northbound left-turn lane into the subdivision as well as a 12-foot wide northbound through lane on the easterly side of the roadway centerline across the entire frontage of the subdivision; and necessary pavement transitions to the existing portion of 132nd Avenue Southeast to the north and south of the project. The minimum storage and deceleration length for this turn lane shall be 102 feet, not inclusive of a bay taper nor a pavement transition designed to a 35 MPH design speed. iii. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 132nd Avenue Southeast. iv. The construction of this lane shall include the relocation/reconstruction of the adjoining drainage systems, above- ground utilities, and street lighting systems along the southerly shoulder of 132nd Avenue Southeast, as well as the installation of appropriate street channelization. These improvements shall also include the relocation of any/ all drainage catch basins, utilities, and appurtenances. The edge of the existing pavement shall be saw-cut at least one ( 1 ) foot ( more, at the sole discretion of the Director of Public Works, based upon the 12 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 condition of the existing roadway pavement ) inside the face of the gutter. After the sawcut, and removal of the pavement, a minimum four(4 )-foot wide section of the remaining pavement, adjoining the cut shall be ground-down at least 1.5 inches. At the discretion of the Director of Public Works, and depending upon the condition of the existing roadway paving ( e.g. wheel-track rutting, substandard crown,pavement/sub-base distress as demonstrated by alligatoring or longitudinal cracking )the developer may be required to remove and replace/overlay additional sections of the paving to provide a improved roadway fronting the project. After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these owner/subdivider shall be responsible for a minimum 1.5 inch deep ( after the pre-level course ) asphaltic concrete overlay of the entire length of the roadwakDavement through the widened area, as necessary, to provide a 2% crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Minor Arterial roadway. Finally, the improvements shall include a relocation of the any existing street lighting. g. Construct the plat street ( 130th Avenue SE/SE 264th Street ) to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32-feet as measured from face of curb to face of curb, based on survey required in prior conditions,and shall include an off-site transition to match the current pavement widths along 130th Avenue Southeast to the north of the subdivision as well as street lighting; five [ 5 ]-foot wide concrete sidewalks along the both sides of the plat street; drainage facilities; street channelization; utilities and appurtenances. ii. In conjunction with these improvements, and to not require pedestrians to cross 130th Avenue Southeast at a mid-block location, the owner subdivider shall extend the five-foot wide sidewalk along 130th Avenue Southeast, northerly to the intersection of Southeast 263rd Place. 13 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 iii. The radius of the reverse horizontal curve located near the mid- point of the subdivision does not meet the City Standards for a Residential Street. In order to maintain acceptable sight distance standards through this area, the owner/subdivider shall install "No Parking Any Time" signs across the entire frontage of Lot 18, and across the westerly and southwesterly frontage of Lot 7. iv. The curb returns at the intersection of the Southeast 264th Street and 132nd Avenue Southeast shall be designed and built per the City's "South 212th Street" -style design. 7. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section A&B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Section A & B, above. a. Unless otherwise provided for in a previous deed,the owner subdivider shall quit-claim deed and/or dedicate sufficient right-of-way, across the entire property frontage, for the construction of 132nd Avenue Southeast to City Standards for a Minor Arterial Street, augmented with bicycle lanes street, minimum half-street right-of-way width of 44 feet. This deed of right-of-way shall be provided based upon the survey required, and performed by a licensed land surveyor of the subject property, 132nd Avenue Southeast, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. This right-of-way dedication shall include sufficient property to construct 35-foot radius curb returns tangent to the future curb lines on 132nd Avenue Southeast(at 29 feet west of right-of-way centerline) and the plat street. b. The owner/subdivider shall dedicate sufficient right-of-way to construct the plat street to City Standards for a Residential street, minimum right-of-way 49 feet, and 35-foot radius curb returns at the intersection of the plat street at 132nd Avenue Southeast. C. The owner/subdivider shall grant two 26-foot wide access tracts, each designed to City Standards for a Private Access Tract Roadway, as shown upon the tentative map. In order to consolidate the access along the plat street, permit the required use of barrier curb and gutter, and maintain acceptable safety levels at the reversing horizontal curve in the plat street, the access tract serving Lots 9 and 10 shall be revised to provide access to 14 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 Lot 8, as well. Abutters' access rights to Lot 18 shall be waived to restrict access to the northerly frontage thereof, ONLY, along the plat street. Access to Lot 7 shall be limited to the frontage along SE 264th Street, and abutter's access rights waived across all remaining frontage,thereof Similarly, access to Lots 8,9, and 10 shall be provided for by means of a Private Access Tract Roadway, and abutter's access rights waived across the remaining frontage onto the plat street. d. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage on 132nd Avenue Southeast. e. Comply with the requirements of Water District#111 regarding construction and extention of water lines. f. The developer shall pay a fee-in-lieu of parks and open space according to the requirements of Subdivision Code Section 12.04.490 prior to recording of the subdivision. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE 'MERIDIAN WEST' SUBDIVISION ( SU 96-02 ) THE OWNER/ SUBDIVIDER SHALL: 1. Construct the improvements noted in Sections A and B, above. 2. "As-built" Drainage Plans for the entire site shall be prepared by a professional land surveyor and submitted to the City for review and approval. 3. Submit a detailed tree plan to the Planning and Public Works Department for concurrent review and approval. Dated this 2nd day of April, 1997. THEODORE PAUL HUNTER Hearing Examiner 15 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 APPEALS FROM HEARING EXAMINER RECOMMENDATION ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court. 16 CITY OF J Q„S1 CLSV Jim White, Mayor Planning Department (206) 859-33901FAX(206) 850-2544 James P. Harris, Planning Director PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF MARCH 19, 1997 2:00 PM FILE NO: MERIDIAN WEST #SU-96-2 APPLICANT: WALLY AND ANNE MSEITIF REQUEST: A REQUEST TO SUBDIVIDE 4.86 ACRES INTO 25 SINGLE FAMILY LOTS STAFF REPRESENTATIVE: LINDA PHILLIPS, PLANNER STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS 1. GENERAL INFORMATION A. Description of the Proposal The proposal is to subdivide 4.86 acres into twenty-five residential lots. The minimum lot size is 4000 square feet. The southwest comer of the subdivision is reserved for a water detention tract, an existing wetland and new wetland area, and a wetland buffer. B. Location The property is located ajacent to 132nd Avenue SE, between 263rd Street and 266th Street. C. Size of Property The size of the property is 4.86 acres. D. Zoning The property is zoned Single Family Residential(SR-8),4000 foot minimum permitted lot size, 8 residences per acre maximum permitted density. 1 220 J,h AVE.SO.. 1 KENT.WASHI'JGTON 98032-5895/TELEPHONE Q06/859-3300/FAX#859-3333 Staff Report Meridian West #SU-96-2 E. Land Use The present land use is single family residential. An existing dwelling is located on proposed Lot 5. Land use adjacent to the subject property and in the general area is single family residential. F. History 1. Site History The subject property is located in the Meridian annexation area, which was annexed to the City on December 19, 1995. A tentative plat meeting was held for this project on January 24, 1996. Comments and conditions generated at the tentative plat meeting were considered in review of the preliminary plat application. II. ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (#ENV-96-62) was issued for the proposal on September 29, 1996, a copy of which is included in the file of record. B. Significant Physical Features-Topography and Hydrology_ 1. Topography The site slopes from north to south with an overall grade between the north property line and proposed SE 264th Street of approximately 5%. The south east corner of the property is relatively flat, and the southwest corner slopes at an average 13 percent from SE 264th Street to the existing wetland area. 2. Trees There are significant trees on site. A tree plan identifying all trees with a caliper of six inches or greater is required prior to issuance of development permits. 2 Staff Report Meridian West 4SU-96-2 3. Wetlands The Department of Public Works has reviewed and approved a Wetland Delineation Report for this site and the project plans reflect that approved wetland boundary and buffer. C. Significant Social Features 1. Street System Access to 132nd Avenue SE and to SE 263rd Place is proposed to be provided by a public street which would be 130th Avenue SE at the west property line and SE 264th Street running east and west through the property. Two private access roads are proposed to provide access to 8 of the proposed 25 lots. 2. Water System The proposed subdivision is served by Water District I I I facilities. An on- site distribution system is required. 3. Sanitaa Sewer System A sanitary sewer line is available to serve the property. 4. Storm Water System The Department of Public Works has reviewed the Preliminary Drainage Plan and supporting calculations for the proposed plat and determined that the Preliminary Drainage Plan will work and that the proposed drainage tract is large enough to contain the required detention volume and stormwater treatment facilities. Infiltration facilities are not required based on information supplied by the Applicant. 5. LID' No local improvement districts exist at this time. 3 Staff Report Meridian West #SU-96-2 III. CONSULTED DEPARTMENTS AD AGENCIES The following departments and agencies were advised of this application: Chief of Staff City Clerk City Administrator City Attorney Director of Public Works Chief of Police Parks and Recreation Director Fire Chief Building Official Midway Sewer District Water District#75 Kent Schood District King County Parks, Planning and Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Dept. Washington Natural Gas Washington Department of Transportation U.S. Postmaster In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 Comprehensive Plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizent, the development community,and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The Land Use Element of the plan contains a Land Use Map, which designates the type and intensity of land uses throughout the City, as well as inthe intire potential annexaton area. 4 Staff Report Meridian West #SU-96-2 The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. 1. LAND USE ELEMENT a. Goal LU-9 Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area. b. Goal LU-23 Protect and enhance water resources for multiple benefits, including recreation, fish and wildlife resources and habitat, flood protection, water supply, and open space. C. Policy LU 23-1 Maintain the quantity and quality of wetlands via current land use regulation and review; and increase the quality and quantity of the City's wetlands resource base via incentives and advance planning. 2. CAPITAL FACILITIES a. Goal CFP-1 As the city of Kent continues to grow and develop, ensure that an adequate supply and range of capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. 3. HOUSING ELEMENT a. Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. 4. ECONOMIC DEVELOPMENT ELEMENT a. Goal ED-2 Maintain a strong policy toward balanced community development b. Policy ED 2.1 Encourage home ownership to foster stakeholders in the community 5. COMPREHENSIVE PLAN MAP The Comprehensive Plan Map designates the subject property as Single Family (SF-8). The proposed subdivision is 5 Staff Report Meridian West 4SU-96-2 Single Family Residential, and does not exceed the maximum permitted density of eight residences per acre. 6. Planning Department Comment: The proposed subdivision as conditioned is consistent with the above mentioned goals, objectives policies, and map designations of the Comprehensive Plan. B. STANDARDS FOR GRANTING A SUBDIVISION 1. Purpose of the City of Kent Subdivision code: To provide the rules, . regulations requirements, and standards for subdividing land in the city of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the city of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection, and proper use of land shall be ensured; that proper provisions for all public facilities (including icrculation, utilities, and services) shall be taken into consideration; that conformance with provisions set forth in the city of Kent Zoning Code and Kent Comprehensive Plan shall be ensured. 2. Vehicle access Lots 4 and 5 areserved by a private access road. To reduce the asphalt paving, the private access road length should be reduced to end at the north edge of the existing driveway on Lot 5. 3. Fee in Lieu of Parks and Open Space Dedication The fee in lieu of land dedication for parks and open space is determined by the method set forth in Subdivision Code Section 12.04.490. The fee in lieu is held in a reserve account and may only be expended to fund a capital improvement that has been agreed upon by all parties to mitigate the identified, direct impact of the development. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS 1. Development on all lots in the proposed subdivision is subject to Zoning Code requirements for development in the SR-8, Single Family Residential zoning district. All lots, as proposed, meet minimum lot size and width requirements. 6 Staff Report Meridian West #SU-96-2 D. PROPOSED FINDINGS: The Planning Department has reviewed this application in relation to the comprehensive Plan, present zoning, land use, street system. flood control problems and comments from other departments and finds that: 1. The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential,eight residential units per acre, maximum density. This proposal is for 5.14 units per acre. 2. The site is presently zoned SR 8, Single Family Residential. The minimum permitted lot size is 4,000 square feet. The area of each proposed lot is at least 4000 square feet. 3. Land uses in the area are predominantly single family residential. The proposed single family development is compatible with existing development. 4. A mitigated Determination of Nonsignificance was issued for the plat on September 29, 1996. The applicant and the City have satisfied the requirements of the State Environmental Policies Act (SEPA). The applicant must fulfill the required mitigating measures set forth in the Determination of Nonsignificance. 5. The site slopes generally from north to south, and the lowest point is an existing wetland at the southwest corner. 6. There are trees of six inch caliper and greater on the property. 7. Vehicle access to the property does not present constraints to the proposal. 8. Water and sewer service are available from Water District#111. Availability of water and sewer service do not present constraints to development. 9. A preliminary storm drainage system has been approved by the Department of Public Works, and the area set aside in the proposed plat is adequate for storm water detention. 10. Subdivisions which consist of five lots or more are subject parks and open space requirements of the Subdivision Code. The proposed subdivision consists of 25 lots. 7 Staff Report Meridian West #SU-96-2 IL Upon reviewing the development plans/subdivision plat for the 'MERIDIAN WEST' SUBDIVISION development, it has been determined that the proposed development will cause incremental but cumulatively significant. additional impacts to the regional and local transportation systems -- demonstrated, in part, as additional traffic congestion at the following intersections: 132nd Avenue Southeast at Kent-Kangley Road [ SR 516 132nd Avenue Southeast at Southeast 256th Street 124th Avenue Southeast at Kent-Kangley Road [ SR 516 Additional incremental,but cumulatively significant, impacts will be created to water quality, storm water detention and conveyance facilities, utility transmission facilities, sanitary sewerage and domestic water conveyance systems. Compliance with City of Kent's 'Public Works Ordinance' and the State of Washington's Growth Management Act will require concurrent improvement --or the execution of binding agreements by the subdivider with the City of Kent, for participation in future improvement projects -- of roadway, intersection and intersection signalization, storm water detention, treatment, and conveyance, utility, sanitary sewerage, and domestic water, systems. VII. STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, the City staff recommends APPROVAL of proposed MERIDIAN WEST SUBDIVISION #SU-96-2 subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist#ENV-96-62 for the MERIDIAN WEST Subdivision. B. PRIOR TO RECORDATION OF THE SUBDIVISION: 1. The owner/subdivider shall provide a survey to be performed by a licensed land surveyor of the subject property, 132nd Avenue Southeast, Southeast 264th Street, Southeast 263rd Street, and adjacent affected properties, and 8 Staff Report Meridian West #SU-96-2 shall clearly delineate the existing public right-of-way, right-of-way centerlines, property lines, paving limits, and other public and private improvements. 2. The owner/subdivider shall execute an agreement to financially participate in and pay a proportionate share in the cost of providing an off-site paved walkway between the plat boundary and the Lake Meridian Elementary School. Monies therefrom shall be deposited with the City prior to final plat approval of this subdivision. 3. A Wetland Delineation Report for this site has been received, and approved. A Wetland Mitigation Plan shall be submitted to Kent Public Works for review and approval prior to recording final plat. 4. The wetland boundaries shown in the approved Wetland Mitigation Report must be surveyed and marked with permanent survey monuments. The survey shall be shown on the face of the final plat. A licensed professional surveyor shall provide the survey which shows the wetland boundary, the approved wetland buffers, the areas of each, and the legal description for the Sensitive Area Tract for the Wetland. Copies of these maps will be included in the approved Wetland Mitigation Report. 5. The entire approved, preserved and constructed wetland(s) and it's buffer(s), and the 25 foot undisturbed creek buffer shall be permanently protected as a separate Sensitive Area Tract dedicated to the City of Kent in accordance with the Kent Wetland Management Code. The legal description for the Sensitive Area Tract for the creek buffer shall be prepared by a licensed land surveyor. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, signs and/or other appropriate screens, as well as an approved wildlife-passable fence. The following wording shall appear on the face of the final plat: SENSITIVE AREA TRACTS DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE,INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE 9 Staff Report Meridian West #SU-96-2 STABILITY,VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY,PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. 6. The owner/subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots, which shall be provided by the City of Kent. The sewer system shall be extended from off-site, and shall be sized to serve all off-site properties within the same service area. It appears that the sanitary sewer service within the Stillwater Greens plat, to the north, is too shallow to serve the subject property without extensive grading and filling. If this is the case, then sewers will have to be extended from the system located upon the west side of 132nd Avenue Southeast, approximately 1000 feet to the south of the subject property, or from the system located along 128th Avenue Southeast -- requiring easements through abutting properties to the south and west. This route could be severely 10 Staff Report Meridian West #SU-96-2 constrained by wetlands and a stream corridor. The owner/ subdivider's Engineer shall prepare a design engineering report for review and approval by the City to determine the appropriate design alternative to serve the subject property and the surrounding area. The existing residence on the property shall be connected to the public sewer system prior to the issuance of any permits upon the plat. The existing septic system shall be'as-built',and shown upon the approved engineering plans as "to be abandoned". The system shall be abandoned in accordance with King County Health Department rules and regulations. b. A water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by Water District Number 111. Contact the district for details on necessary improvements. C. A storm drainage system meeting the applicable standards for conveyance, detention, and water quality treatment. The minimum detention volume and release standards to be met for this project shall be that for the Soos Creek Drainage Basin, or the City of Kent Hill standards, whichever is more restrictive. The detention/retention facility shall be an open pond with no side slope being steeper than 3 Horizontal A Vertical. The number of lots and/or lot configuration may be required in order to provide the retention/detention facility in away that does not impact the adjacent wetland and wetland buffer. i_ Unless the owner/subdivider submits a drainage plan significantly different than what was submitted with the application for this subdivision, the owner/subdivider will be required to make extensive off-site improvements. In addition, the owner/subdivider will also have to obtain public stormwater easements for the entire conveyance system outside of existing City right-of-way or drainage easements. ii. The final Drainage Plan will clearly identify the existing and future capacity of each link in the drainage system for the required downstream analysis. The downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the points of 11 Staff Report Meridian West #SU-96-2 discharge from the subdivision site downstream a distance of at least one-quarter mile, or to the point where stormwater discharges through the maintained City of Kent Meridian Meadows Detention Pond facility, whichever is further. The owner/subdivider shall identify all reaches which do not have the capacity for the peak flow from the 100-year, 24-hour design storm. In addition, should existing downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate,the owner/subdivider shall either provide necessary off-site improvements (and wider easements where . necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the release of stormwater from this development. The downstream analysis shall clearly identify any problems/impacts upon the existing detention facilities at Springbrook detention/wetland facilities and may require level-pool routing to identify those impacts. iii. Final Stormwater Drainage Plans for the plat will clearly show the proposed conveyance route from the subdivision to the City of Kent maintained Stormwater drainage system, and the appropriate public easements that will be provided to use this route. Legal descriptions for all easements shall be prepared by a licensed land surveyor. iv. A 25 foot wide undisturbed creek buffer is required from the line of ordinary high water for the unnamed tributary which discharges from the largest on-site wetland. Stormwater management facilities shall not be permitted within this buffer. V. Roof downspouts for each house and garage shall be directed to infiltration trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin. The following requirement shall be stated on the face of the final plat: 12 Staff Report Meridian West #SU-96-2 RESIDENCES CONSTRUCTED ON LOTS CREATED BY THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS AS A CONDITION OF BUILDING PERMIT ISSUANCE. vi. The stormwater plan shall make provisions to ensure continued wetland hydrology. vii. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. viii. Surface water runoff along the edges of the plat shall be intercepted and conveyed into the public storm drainage system to avoid adverse off-site impacts. d. The owner/subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and constructed wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. ii. Stormwater treatment facilities shall not encroach within any approved 25 foot wetland buffers, nor shall they encroach within the 25 foot undisturbed creek buffer along the south margin of the proposed detention tract. 13 Staff Report Meridian West #SU-96-2 e. The owner/subdivider shall grade for streets, utilities and for house pads for all lots. Grading and Temporary Erosion/Sedimentation Control Plans shall meet the requirements of the City of Kent Construction Standards. 132nd Avenue Southeast is currently operating at level-of-service "F" with segment traffic volumes near the intersection of Southeast 256th Street where the roadway is only two lanes, exceeding 15,000 vehicles per day. South of the subdivision,near the intersection of SR 516,the daily traffic volumes along the three-lane section of roadway exceed 20,000 vehicles per day. f. The owner/subdivider shall construct a half-street widening/ improvement of 132nd Avenue Southeast across the entire frontage. This widened street shall include an additional 14-foot wide strip, dedicated to the City of Kent, across the entire property frontage, for the widening and improvement of the west half of 132nd Avenue Southeast to City Standards for a Minor Arterial roadway, augmented with bicycle lanes. i. The paved half-street ( one half of a Minor Arterial roadway plus a bicycle lane ) roadway width shall be a minimum of 29-feet as measured from the right-of-way centerline to the face of curb or future roadway centerline as determined by the City, based on survey required in prior conditions, and shall include transitions to match the current pavement widths adjacent to the subdivision as well as street lighting; a 10-foot wide concrete sidewalk/bikeway along the westerly side of 132nd Avenue Southeast; drainage facilities; street channelization; utilities and appurtenances. ii. In order to provide adequate safe access into the plat street, mitigate the increased number of northbound left-turns created by the subdivision of property, and the conflicts that these trips will create with the existing traffic volumes and high travel speeds on 132nd Avenue Southeast, these improvements shall also include sufficient pavement to provide a 12-foot wide northbound left-turn lane into the subdivision as well as a 12-foot wide northbound through 14 Staff Report Meridian West #SU-96-2 lane on the easterly side of the roadway centerline across the entire frontage of the subdivision; and necessary pavement transitions to the existing portion of 132nd Avenue Southeast to the north and south of the project. The minimum storage and deceleration length for this turn lane shall be 102 feet, not inclusive of a bay taper nor a pavement transition designed to a 35 MPH design speed. iii. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 132nd Avenue Southeast. iv. The construction of this lane shall include the relocation/reconstruction of the adjoining drainage systems, above-ground utilities, and street lighting systems along the southerly shoulder of 132nd Avenue Southeast, as well as the installation of appropriate street channelization. These improvements shall also include the relocation of any/ all drainage catch basins, utilities, and appurtenances. The edge of the existing pavement shall be saw-cut at least one ( 1 ) foot(more, at the sole discretion of the Director of Public Works, based upon the condition of the existing roadway pavement ) inside the face of the gutter. After the sawcut, and removal of the pavement, a minimum four(4 )-foot wide section of the remaining pavement, adjoining the cut shall be ground-down at least 1.5 inches. At the discretion of the Director of Public Works, and depending upon the condition of the existing roadway paving ( e.g. wheel-track rutting, substandard crown, pavement/sub-base distress as demonstrated by alligatoring or longitudinal cracking ) the developer may be required to remove and replace/overlay additional sections of the paving to provide a improved roadway fronting the project. After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these owner/subdivider shall be responsible for a minimum 1.5 inch deep (after the pre-level course ) asphaltic - concrete overlay of the entire length of the roadway pavement 15 Staff Report Meridian West 4SU-96-2 through the widened area, as necessary, to provide a 2% crown across the pavement, and, as necessary to meet City Standards for roadway pavement section for a Minor Arterial roadway. Finally, the improvements shall include a relocation of the any existing street lighting. g. Construct the plat street( 130th Avenue SE/SE 264th Street ) to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32-feet as measured from face of curb to face of curb, based on survey required in prior conditions, and shall include an off-site transition to match the current pavement widths along 130th Avenue Southeast to the north of the subdivision as well as street lighting; five [ 5 ]-foot wide concrete sidewalks along the both sides of the plat street; drainage facilities; street channelization; utilities and appurtenances. ii. In conjunction with these improvements, and to not require pedestrians to cross 130th Avenue Southeast at a mid-block location, the owner subdivider shall extend the five-foot wide sidewalk along 130th Avenue Southeast, northerly to the intersection of Southeast 263rd Place. iii. The radius of the reverse horizontal curve located near the mid-point of the subdivision does not meet the City Standards for a Residential Street. In order to maintain acceptable sight distance standards through this area, the owner/subdivider shall install "No Parking Any Time" signs across the entire frontage of Lot 18, and across the westerly and southwesterly frontage of Lot 7. iv. The curb returns at the intersection of the Southeast 264th Street and 132nd Avenue Southeast shall be designed and built per the City's "South 212th Street" -style design. 7. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section A & B and provide all public and private 16 Staff Report Meridian West #SU-96-2 easements necessary for the construction, operation and maintenance of the required improvements identified in Section A & B, above. a. Unless otherwise provided for in a previous deed, the owner subdivider shall quit-claim deed and/or dedicate sufficient right=of--way, across the entire property frontage, for the construction of 132nd Avenue Southeast to City Standards for a Minor Arterial Street, augmented with bicycle lanes street, minimum half-street right-of-way width of 44 feet. This deed of right-of-way shall be provided based upon the survey required, and performed by a licensed land. surveyor of the subject property, 132nd Avenue Southeast,and adjacent affected properties,and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. This right-of-way dedication shall include sufficient property to construct 35-foot radius curb returns tangent to the future curb lines on 132nd Avenue Southeast [ at 29 feet west of right-of-way centerline ] and the plat street. b. The owner/subdivider shall dedicate sufficient right-of-way to construct the plat street to City Standards for a Residential street, minimum right-of-way 49 feet, and 35-foot radius curb returns at the intersection of the plat street at 132nd Avenue Southeast. C. The owner/subdivider shall grant two 26-foot wide access tracts, each designed to City Standards for a Private Access Tract Roadway, as shown upon the tentative map. In order to consolidate the access along the plat street, permit the required use of barrier curb and gutter, and maintain acceptable safety levels at the reversing horizontal curve in the plat street, the access tract serving Lots 9 and 10 shall be revised to provide access to Lot 8, as well. Abutters' access rights to Lot 18 shall be waived to restrict access to the northerly frontage thereof, ONLY,along the plat street. Access to Lot 7 shall be limited to the frontage along SE 264th Street, and abutter's access rights waived across all remaining frontage,thereof. Similarly, access to Lots 8, 9, and 10 shall be provided for by means of a Private Access Tract Roadway, and abutter's access rights waived across the remaining frontage onto the plat street. 17 Staff Report Meridian West #SU-96-2 d. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage on 132nd Avenue Southeast. e. Comply with the requirements of Water District #111 regarding construction and extention of water lines. f. The developer shall pay a fee-in-lieu of parks and open space according to the requirements of Subdivision Code Section 12.04.490 prior to recording of the subdivision. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE 'MERIDIAN WEST' SUBDIVISION ( SU 96-02 ) THE OWNER/ SUBDIVIDER SHALL: 1. Construct the improvements noted in Sections A and B, above. 2. "As-built" Drainage Plans for the entire site shall be prepared by a professional land surveyor and submitted to the City for review and approval. 3. Submit a detailed tree plan to the Planning and Public Works Department for concurrent review and approval. KENT PLANNING DEPARTMENT March 10, 1997 U:\CHRIS\SU962.RPT 18 City of Kent - Planning Department N S.E. 20AD PL. --- 3r 8 o ' I PROPOSED 10' 5TlMM I I LO 30 0 ORAINAGE EASEMENT ` 70 71 71 74 75 76 .77 �IIC r 72 I o I A ,I PRO% L i��RM DRAINAGE I /p1 TI REMWEON�iI I , BiPA55 uu � I f 'K� � ,b ', w '5155'w- G3 D.T6' Y' /� L �I II II 0-51 1 14 \W 12 EXMMNG 'o N / ! REMAIN / I I / N 5` / 20 J 21' SO -- SOS\ _\50 40 D D 16/ c l u18' 64 14' I \ i —J� � LEV . 5L' 'PUPCER N pW �AN�1.6 /i / EA.At RiTO-rye EXtTnNG WETLAND o 3.783 33.F APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A Application site N Site Plan City of Kent - Planning Department 7T I ❑ CPO = - QC;!Z3 E:�] APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A.A.Application site N Zoning/Topography Zoning boundary city limits City of Kent- Planning Department N ^ OI a m SE m ' PL ^ 255 PL > 7 m S£ 2 ST PL N > SE 257 LT ^ SF Q N 0 m SE 258 256 P AeSL m 59 S ° ^SE 259 S 2S.9 P� 259 » 2 L _ w m w ^� SE 260 ST �� Y1 SE 261 ST SE 261 a' d i P � � r�t PRIV. m o 261 L ` > ,261 {� 1 ! _JI 262 PL PL Yw YA SE 264 ST E 2" sT a SE 65 ST PRIV. �ql 1n N SE T w > > S S Yf W ID S m r m W SE 2P_ SF ` ¢ 68 e d B N SE Sr PRIV. roams e E 270 ST Cr m 74 Sr 272 ST cc ~ N 2 SE 272 ST y s 4E 2 �No PRIY. a APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND w Application site N Vicinity Map Railroad tracks City limits 0 a A (] mob xa � N ZDy Z' X a..�50 to N -t I _1111 Gil, ^ .SS 1 (1 �• \ III I %:4� Y'w{h I j� be rn n y gi o Al8- / ZWQ l ,n .O a 4d4 --—�. 60 - I, a oaa -- i C4D \ Y II ,59 � i 1 , ,OB LT Al Z Z i . . a - � N y' In In LI, SS CIA c9v IL z ir Lq 3 r s� Mot W Ake I N /I ,001 a 0 W ^ / \ , 1 0 od ,- 4 CU Z M y Oa f w o \ N F cl f'- CTY 1 wm Kent City Council Meeting Date June 3 , 1997 Category Bids 1. SUBJECT: SOUTH 200TH STREET GREEN RIVER BRIDGE 2 . SUMMARY STATEMENT: Bid opening for this project was held on May 28th with 6 bids received. The low bid was submitted by Mowat Construction Co. of Kirkland, in the amount of $2 , 486, 385. The Engineer's estimate was $2 , 886, 646. The project consists of the construction of a two-span concrete bridge over the Green River at South 200th Street which is a portion of the S. 196th Street Corridor project. It is the recommendation of the Public Works Director that upon receipt of all permits and approvals and Council' s con- currence that a bid discrepancy is a minor informality, the S. 200th Street Green River Bridge contract be awarded to Mowat Construction Co. in the amount of $2 , 486, 385. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $2 , 486 , 385 SOURCE OF FUNDS: S 196th Street Corridor Project 7 . CITY COUNCIL ACTION: Councilmember �I.L ZI __,_moves, Councilmember )�4'.v,wet - seconds that the low bidder' s omission of one subcontractor on the city's subcontractor list constitutes a minor informality in the bid because the subcontractor was clearly listed on a separate bid document, and because the contractor notified the City within one hour of the bid opening time of the complete subcontractor list; and further MOVE that the contract be awarded to Mowat Construction on the condition that the City first receive all necessary permits and approvals. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS Mav 29, 1997 TO: Mavor &City Council FROM: Don Wickstromg RE: S. 200th Street Green River Bridge Bid opening for this project was held on May 28th with 6 bids received. The low bid was submitted by Mowat Construction Co in the amount of $2,486,385.00. The Engineer's estimate was 52,886,646.00. Said low bidder did omit one subcontractor on the Citv's subcontractor list contained in the bid package. Because however that subcontractor was clearly listed on a separate document of the bid package and further, the low bidder notified the City within one hour of the bid opening time of the complete subcontractor list, we are recommending that this omission constitute a minor informality in the bid. As such, upon Council's concurrence therewith and upon receipt of all necessary permits and approvals, it is the Public Works Director's recommendation to award the S. 200th Street Green River Bridge contract to the low bidder. BID SUMMARY Mowat Construction Company 2,486,385.00 Kulchin-Condon &Associates 2,701 ,068.00 MKB Constructors 2,996,280.00 Max J. Kunev Companv 3,077,625.00 Morrison ISnudsen Corp 3,091 ,984.00 Guv Atkinson Construction 3,155,305.00 Engineer's Estimate 2,886,646.00 MOTION: Councilmember moves, Councilmember seconds that the Low Bidder's omission of one subcontractor on the Citv's subcontractor list constitutes a minor informality in the bid because the subcontractor was clearly listed on a separate bid document and, because the contractor notified the Citv within one hour of the bid opening time of the complete subcontractor list; and further MOVE that the contract be awarded to Mowat Construction on the condition that the Citv first receive all necessary permits and approvals. . . ............... CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS EXECUTIVE SESSION: Property Negotiations CITY OF KENT PARKS COMMITTEE MEETING MAY 1, 1997 Council Present: Chair Judy Woods, Connie Epperly, Leona Orr for Connie Epperly Jon Johnson Staff Present: Lori Hogan, Tom Brubaker, John M. Hodgson, Teri Petrole-Stump Others Present: Mr. & Mrs. Rod Saalfield 1 . Commons Playfield: This agenda item was pulled as Wayne Thuringer, a citizen from the North Park neighborhood who was scheduled to speak could not attend the meeting. John stated the property needs to be developed the way it should be; at the discretion of Council, in conjunction with Downtown Plan, and finally, development of a master plan. Chair Judy Woods asked to put this item on a future agenda for discussion with Mr. Thuringer. 2. Washington Athletic Club Donation: In a unanimous vote of 3-0, Leona Orr moved and Jon Johnson seconded to accept the treadmill donated to the Kent Commons Athletic Center from the Washington Athletic Club as an asset, valued at $3,500.00. 3. IAC Application: Parks and Recreation Department has identified three priority projects eligible for application to the Interagency Committee for Outdoor Recreation (IAC) for statewide grant funds: 1. Phase I: development of Salt Air Hills Vista. 2. Acquisition of land in the valley floor for ballfield development. 3. Acquisition of land for wetland preservation/wildlife habitat. In a unanimous vote of 3-0 Jon Johnson moved, and Leona Orr seconded to authorize submittal of three IAC grant applications to the Interagency Committee for Outdoor Recreation for three priority projects per attached Exhibits. 4. Springwood Park - CDBG Application: The asphalt trail at Springwood Park was damaged during the storms in February of 1996. Federal Emergency Management Association (FEMA) which is Government disaster funding, did not cover the cost of repairs. Community Development Block Grant (CDBG) funds would cover the costs of the repairs needed. In a unanimous vote of 3-0, Jon Johnson moved and Leona Orr seconded to authorize submittal of the CDBG application for funding trail repairs at Springwood Park per attached exhibit. 5. Turnkey Park/Russell Road Park CDBG Application: Handicap accessibility is necessary at Turnkey Park and Russell Road Park. A Community Development Block Grant (CDBG) would fund the necessary renovations, per attached plan. In a unanimous vote of 3-0, Leona Orr moved and Jon Johnson seconded to authorized submittal of the CDBG application for creating handicap accessibility at Turnkey Park and Russell Road Park per attached Exhibit. 6. IAC Contract: In 1996 staff was awarded an IAC grant to purchase 13.1 acres in King County to expand an existing site destined to become a community park for the City of Kent's East Hill neighborhood. This bill did not get passed in 1996 and was considered a lost bill. It was put back into the legislature in 1997 and approved. In a unanimous vote of 3-0, Jon Johnson moved and Leona Orr seconded to accept and amend to the land acquisition budget in the amount of $479,443 and approval to send the IAC grant contract to Mayor White for signature. 7. Target Issues: John Hodgson highlighted the teen program, in relation to the utilities tax. Program statistics have been inventoried i.e. who, what, when, and where. The next step is to meet with Council and find out what they expect, then compile with current information and find out where we go from there. Chair Judy Woods suggested conducting a workshop after gathering the necessary information and discuss and review the program from the point of accountability to the needs of the users. John stated that the City, Parks and Recreation staff, and the user groups i.e. Kent Little League, Kent School District, need a partnership. He added that the flooding fields need to be fixed, and the city needs to acquire land to accomodate future ballfield needs. It is necessary for staff to meet with local boards and discuss partnerships, possibly creating a committee. Council members agreed that it is time to look into the future needs of the community, together with the community. Citizen, Rod Saalfield asked for a copy of the report be sent to the Chamber of Commerce. 8. Riverbend Golf Complex RFP Update: John Hodgson stated the need for City Council to appoint the RFP interview committee prior to the first council meeting in July, and offer further direction for the interview process. Leona Orr announced that Council is proposed interview committee members to Christi Houser. Judy Woods expressed the need for expediency in getting the names to Christi Houser. Add on: Informational. Street Trees at Shafron Mobile Home Park: Over the years Russell Road Park trees have been falling on to mobile home roofs. The City Risk Manager says the trees need to go. They will be replaced with a fence to keep foul balls from hitting homes. Staff recently received funds from an Urban Forestry Grant to conduct a tree study of Kent Parks and street trees. When drainage is addressed at Russell Road Park in the spring of 1998, the tree issue will be discussed. Meeting adjourned to Executive Session 5:10 p.m. Meeting adjourned 5:30 p.m. Page Two