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City Council Meeting - Council - Agenda - 06/17/2003
MENKYR :1 , 'dot 4 u, City of Kent CityCo c tin g genda _. June 17, 200 Mayor Jim White Councilmem,bers Judy Woods, Council President 4 Tim Clark Julie Peterson } r Connie Epperly Bruce White Leona Orr Rico Yingling ^% eo ' KENT WASHINGTON City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T June 17, 2003 W A$H 1 H O T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Conine Epperly Leona Orr Julie Peterson Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION,OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Report on Funding for Domestic Violence Advocate $• 1 h4YoduC7A" o f 6�h6 e* oS I u01e nt 5. PUBLIC HEARINGS A. SE 278th St. Street Vacation 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. Resolution Setting Hearing Date on Proposed LID 355, SE 216th and 104th Place SE Sanitary Sewers—Adopt D. Bill of Sale, Kentview-Riverview Boulevard STA 47+00 to 57+00—Accept E. Bill of Sale, 37th Place S &40th Avenue S.—Accept F. Bill of Sale,Kernview-Riverview Boulevard STA 18+23 to 47+00—Accept G King County Basic Life Support Services Contract Renewal—Authorize H. Purchase of Aid Vehicle—Authorize I. Premera Blue Cross Administrative Agreement Renewal—Authorize J Fortis Long Tenn Disability Contract—Authorize K. 2004 Western States Arts Federation Grants—Accept and Amend Budget L. Cultural Development Authority Grant of King County—Accept and Amend Budget M. Way Back Inn Foundation Rental Agreement Renewal—Authorize N. Agreement with Voicestream for Cell Tower at Riverbend Driving Range— Authorize ®. t-xcused Absenca Pek(rm 7. OTHER BUSINESS A. Comprehensive Plan Amendment, Impoundment Reservoir, Emergency Resolution—Adopt B. Kent Station Appeal, Closed Record Hearing 8. BIDS A. 111th Avenue SE Sidewalk Improvements (continued next page) SUMMARY AGENDA CONTINUED 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS <F. cA -°'dam 12. EXECUTIVE SESSION None 13. ACTION AFTER EXECUTIVE SESSION 14 ADJOURNMENT NOTE. A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci kent wa.us. An explanation of the agenda format is given on the back of this page. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) REPORT ON FUNDING FOR DOMESTIC VIOLENCE ADVOCATE � A Kent City Council Meeting Date June 17, 2003 r Category Public Hearin s 1. SUBJECT: SE 278TH ST. STREET VACATION 2 SUMMARY STATEMENT: Resolution No. 1638 established June 17,2003, as the public hearing date for the application by Ms. Cherie Lang, to vacate a portion of SE 278'h Street. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report,Resolution No. 1638 and map 4. RECOMMENDED BY:,Staff (Committee, Staff,Examiner,Commission, etc.) 5. UNBUDGETED 41SCAIJPF)�2SONNEL IMPACT: NO X YES_ 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. ?Y) 01, B. Councilmember jf tp moves, Councilmember.0-&tKseconds to approveMtsapproveAnodffy staffs recommendation of approval with conditions of the application to vacate portions of S.E. 278"' Street, as referenced in Resolution No. 1638, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: ACTION: C Council Agenda Item No. 5A . COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP, Manager K .�.o. Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: June 10, 2003 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT IUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON. A1CP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SE 2781h Street #STV-2003-4 (KIVA #2031077) . SUMMARY: Ms Cherie Lang, 24431 SE 179°' Street, Maple Valley, WA 98038 requests a �acation of a portion of SE 278°' Street in order to facilitate development of the adjacent site Staff recommends approval of the street vacation with conditions outlined below BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in U S currency equal to the full appraised value of the right of w a) being vacated MOTION: 1 move to approve/deny/modify the staffs recommendation of approval with conditions of the application to vacate a portion of SE 278`I' Street as referenced in Resolution No 1638, and to direct the City Attorney to prepare the necessary ordinance upon comphance with the conditions of approval BACKGROUND: Southeast 278th Street is fully improved with euib & gutter, sidewalks, street lighting, paNement and so forth That part of the right of way petitioned to be vacated is extraneous right of way outside of the normal 60-foot right of way width on which the road is centered It was dedicated to the city as part of the plat that lies on the north side of SE 278th Street That plat was an odd shaped parcel consisting of two developable nodes tied together by a thin sliver Once SE 278th Street right of way was taken out of that sliver, the balance thereof was essentially not usable, so it was dedicated to the city as part of the SE 278th Street right of way Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation Public Works Department Police / iriari n o awi�.^, E r w. V ux y, o dar5 °" F 9ssa�n -f.,.,, / Try•�'•Y' A e 7 ^,7 "R A g po v i�u.�c� .. ..Y�vs• _ 8: e,x __ l - 1 vra r wr � I,`• r�..ro'o oar irw �� 19 r .^, I O ✓raw rrs rs ;1 \ � I rmYSIT m W n — - • nm�rI M1LL n N (V O It le yZ,r rSNn S¢SSXI 111 I 1" Yn"A i y I W dW Z10 co 0 7� y �r 01 r6 QMr AvefUe g 3 awrr�•r \t ' ry Ix 4ee.^ _ _ — q ass• `y •d y o/w.YT 1 L \ / ••, \ rir¢��im�rrm.am.••••d rvr KSM ArenID SF c #STV-2003-4 (KIVA#2031077) Staff Report Page 2 ■ Parks, Recreation and Community Services ■ Fire and Life Safety Puget Sound Energy ■ Qwest ■ Department of Transportation ■ METRO Transit Division ■ Water District I I I After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of SE 278°i Street, as described in Resolution #1638 and as shown on the accompanying map be APPROVED w tth the follow ing conditions 1) The City shall be compensated in US currency for the full appraised value of the right of way proposed to be vacated 2) All monies received for compensation shall be deposited in the school pedestrian walkway fund (R20036) and used for said fund's purpose 3) For any pnvate or quasi-pm ate utility such as power, gas, telephone or cable TV which has existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said utility an easement for the operation and maintenance of same 4) Should Water District #111 and,'ot Soos Creek Water and Sewer District have existing facilities within (tinder, upon and-or of er) the right of way petitioned to be vacated, the petitioner shall giant said District(s) an easement for the operation and maintenance of same 5) The legal description of the riglit of u ay to be vacated shall be as denoted in the petition less that portion of said SE 278°i Street right of way which lies southerly of a line that is parallel to and 30 feet northerly and perpendicular to the pavement centerlme of said street as measured between the face of curb and face of curb and as established at the petitioner's sole expense by a Washmgton State licensed Land Surveyor after review and approval by the City's Public Works Department CA\pm S\Permit\Plan\vacations\2003\203I077-2003-4CC061�03DOC Enclosure—Map,Resolution No 1638 cc Cherie Lang,24431 SE 179"Street,Maple Velley, "A 98038 Jerry McCaughan,Property Manager 41 SECTION 3. The planning manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the council so that the council may consider the matter at its regularly scheduled meeting on June 17, 2003 PASSED at a regular meeting of the city council of the city of Kent, Washington this �o day of May, 2003 tA— CONCURRED in by the mayor of the city p Kent,this of Nlay,2003 l JrITE, MAYOR ATTEST BRENDA JACOBER, CbTY CLERK APPROVED AS TO FORM _TO BRUBAKE , 1T ATTORN Y I hereby certify that this is a true and correct copy of Resolution No d., /63 g , passed by the city council of the city of Kent,Washington,on the day of May, 2003 `c-�(SEAL) BRENDA JACOB£R, CITY CLERK 2 Street Vacation— Southeast 278h Street RESOLUTION NO. A RESOLUTION of the city of Kent, Washington, regarding the vacation of a portion of Southeast 278'h Street in the city of Kent, and setting the public heanng on the proposed street vacation for June 17, 2003 WHEREAS, a petition, attached as Exhibit"A,"has been filed by Cherie Lang to vacate a portion of Southeast 2781h Street in the city of Kent, and WHEREAS, the petition is signed by the owners of at least two-thirds of the real property abutting those portions of Southeast 2781h Street to be acated, and WHEREAS, the petition is in all respects proper, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of Southeast 2781h Street, legally described in Exhibit"A,"shall be held at a regular meeting of the Kent City Council at 7 00 p m , Tuesday, June 17, 2003, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032 SECTION 2. The city clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch 35 79 RCW 1 Street Vacation— Southeast 278'h Street Mark Travers PROPOSED STREET VACATION Lang Tentative Short Subdivision—TSP-2002-22 Architect LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 114 OF THE NORTHEAST 114OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF, THENCE NORTH 89d21'30"WEST ALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF BEGINNING,THENCE NORTH 89d21'30"WEST 169 90 FEET, THENCE SOUTH 00d55'38" WEST 39 00 FEET, THENCE SOUTH 89d39'30" EAST 12 27 FEET TO A POINTOF CURVATURE, THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION HAVING A RADIUS OF 414 43 FEET, AN ARC OF 139 20 FEET, THENCE NORTH 79d34'22" EAST 2168 FEET, THENCE NORTH OOd55'38"EAST 10 90 FEET TOTHE TRUE POINT OF BEGINNING AREA TO BE VACATED 5010 SF RECEIVED APR 1 7 2003 2061763 0496 P CITY OF KENT 21)61338 3230 F ^RO,iRTY MANAGEMEPoT MR-06-2M 13 07 P.02 { KN T Mayor Jim WWte KIVAe: MAILTO: APPLICANT: CITY OF KErfr NAME: U PY tC, f U Property Management a4y31 SE i7`ttt5t 220 S.4a Avenue ADDRESS: Kent,Washington 98032 Attre Jury McCaughan V(Z PRONE: -k0(0 69' O'Z.;z I `.'• ; STREET AND/OR ALLEY VACATION APPLICATION AND PETITION X Dear Mayor and Kent City Council. We,the undersigned abutting prope owners,hereby respectfully request that certain 40>UTItaJ S r rtyy• 2'1PSTil emby be vacated. l Legal Description of Street/Alley Sought to be Vacated ) (Must Contain Total Square Feet of Area Sought To Be Vacated) S: iFEi-�.0 T� /9rfC'TeO tYNiriT /y' F BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A"C[JRRENT"ownerstup and encumbrarncc report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations,partnerships,ere.are being signed for.and then Proof of individual's authority to sign for same shall also be + submitted Attach is color-codcd map of a scale of not less than I"-200'of the area sought for vacation. b (NOTE) Map must cormspond with legal descnpdoiL 'L ABUTTING PROPERTY OWNERS TAX LOT N SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN.RG. /tY['Tl�h�i�1 �/.�.'e{- Y�7/ •, RECEIVED i APR 1 7 200) GITJ F ENT r ,vNFNTV MANAG0ENT S150 0D Fee Paid S Ir Zt i9 Treasurer's Receipt No Appraisal Fee Paid Treasurer's Receipt No Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date 1 aV,gvgMwae�elVwWw AIaM �l LAKE MERIDIAN HWY 516 SE 274 PL i., W SE 275 ST W SE 276 PL SE 276 PL L., a v, PROJECT n SITE i SE 278 ST SE 279 ST AREA TO W BE VACATED- RECEIVED APR 1 7 2003 SE 2S2 ST CITY OF KENT SE 282 ST =:CPERTY MANAGEMENT Mark Travers Architect, AIA Street Vacation Location Map T Tel 206-763.8496 Scale 1"=500'-0" I Fax 206-328-3238 2315 East Pike Street INhernfock p � 43 0 427.7 26 4 ru V Y 296 per~ oy q \ 40 8' i q 429.3 gas meter p`Z 7. 5' 4 302 ° Existing House ,a p 4305 Foun6 ° #27626 % • 286 0 04' 0 (+ o ae 0 28.7 v 74,8' N 9 n dec r Co. 429.3 45.7' open �o � � 4281 4297 O Co o 4297 ao 4293 O N ' .4 (n 428.7 4'9� 84 0' v 75 6' wood fenc o- °j 4286 o-2oi 2 4285 428 4, '_ ° 16 .90' n2$9 �f 4 C. 428.8 0 o 0 RECEIVED p2•p o� p � a .top cons. curbing APR t 7 2603 a flowlme down 0.5' (T(P) CITY OF KEYi S 2 7 6 ?f{ 5T PROPERTY MANAGEMEA, `Z_ f r6.t 0° "L_) vt t�Ir of, _J CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember � seconds to approve Consent Calendar Items A througl Ko. Discussion Action oA ' 6A. Annroval of Minutes. Approval of the minutes of the regular Council meeting of June 3, 2003. 6B. Approval of Bills Approval of payment of the bills received through May 30 and paid on May 30 after auditing by the Operations Committee on June 3,2003. Approval of checks issuA.for-vouchers: Date Check Numbers Amount 5/30/03 Wire 1430-1439 $1,077,97948 5/30/03 Prepays & 548897 259,012.72 5/30/03 Regular 549410 1,807,687.06 $3,144,679.26 Council Agenda Item No. 6 A-B • KENT Kent City Council Meeting WASHIN01ON June 3, 2003 The regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor White. Councilmembers present Clark, Epperly, Orr, Peterson, White, Woods and Yingling Approximately 150 people were at the meeting (CFN-198) CHANGES TO AGENDA A From Council (CFN-198) Continued Communications Item A was added by the Council President PUBLIC COMMUNICATIONS A Employee of the Month (CFN-147) Mayor White announced that Sacha DesJardins Coughran, Graphics Specialist in the Information Technology Multimedia Division, has been chosen as the Employee of the Month for June B American Public Works Association Award for 272nd Corridor. (CFN-155) Mayor White announced that the City has received the "Public Works Project of the Year" award for 2003 for projects over$10,000,000 for its 277 h Corridor project from Kent Kangley Road to the Valley Freeway, and presented the award to Public Works Director Wickstrom CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through I Orr seconded and the motion carried A Approval of Minutes. (CFN-198) The minutes of the regular meeting of May 20, 2003, were approved. B Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 15, 2003 after auditing by the Operations Committee on June 3, 2003, were approved. Approval of checks issued for vouchers Date Check Numbers Amount 5115103 Prepaids 548240 $ 406,706.38 5/15103 Regular 548896 1,674,890 48 5115103 Wires 1421-1429 1,161,24926 $3,242,846 12 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20,2003 Date Check Numbers Amount 5/20/03 Checks* 270197-270526 $ 237,199 69 5/20/03 Advices 147980-148664 1,192,628 05 $1,429,827.74 *Includes interim of 5/13/03 #270197 void and reissue of#269742 1 Kent City Council Minutes June 3, 2003 C Kent Commuter Rail Station Garage Operation and Maintenance Agreement. (CFN-171sf) As recommended by the Public Works Committee, the City of Kent was authorized to enter into an Interlocal Operation and Maintenance Agreement with Sound Transit for the use of the Kent Commuter Rail Station Garage until 2034 with an option to renew until 2040. D Sound Transit Second Amendment to the Transportation Improvement Agreement. (CFN-171 sf) As recommended by the Public Works Committee, the Mayor was authorized to sign an agreement with Central Puget Sound Regional Transit Authority which is intended to constitute the full, final settlement and release of all remaining issues between the parties on this project, subject to the Public Works Director's concurrence of the language therein E. LID 329 Sienal Improvement, Railroad/City Agreement (CFN-885) As recommended by the Public Works Committee, the Mayor was authorized to sign an agreement with Union Pacific Railroad Company covering the costs associated with installing a traffic light pre-emption to the existing crossing signal system, subject to the Public Works Director's concurrence of the language therein F Smith Street Improvement, Railroad/City Agreement. (CFN-113&171sf) As recom- mended by the Public Works Committee, the Mayor was authorized to sign an agreement with Burlington Northern and Santa Fe Railway Company to widen Smith Street where it crosses BNSF tracks, subject to the Public Works Director's concurrence of the language therein G Bill of Sale, Hazel Gardens LLC. (CFN-484) As recommended by the Public Works Director, the bill of sale for the Hazel Gardens LLC was accepted H Bill of Sale, Strawberry Place Phase I. (CFN-484) As recommended by the Public Works Director, the bill of sale for Strawberry Place Phase I was accepted. I. Bill of Sale. Strawberry Place Phase II. (CFN-484) As recommended by the Public Works Director, the bill of sale for Strawberry Place Phase II was accepted OTHER BUSINESS A. Trader Joe's. (CFN-462) The Kent Downtown Partnership is circulating a petition for presentation to Trader Joe's grocery stores to convey the interest of those working and living in Kent of their desire to see a Trader Joe's specialty grocery located in downtown Kent YINGLING MOVED to adopt Resolution No 1643 supporting the Kent Downtown Partnership's petition Peterson seconded. Suzanne Reeder, Vice President of the Kent Downtown Partnership, urged the Council to adopt the resolution. Yingling spoke in support of the resolution Clark objected to endorsing an individual business The motion tamed with Clark opposed WOODS MOVED to make all correspondence on this issue apart of the public record Orr seconded and the motion tamed B Health Care Premiums. (CFN-147) Increasing health care costs are a significant cause for the City's increased operating expenses The proposed resolution directs Administration to establish the goal of achieving a staged increase in City employee contributions for health care premiums to twenty percent, and to achieve this goal in a manner that is equitable to all employees. 2 Kent City Council Minutes June 3, 2003 Employee Services Director Viseth explained the employee health care program and the status of negotiations with umons WOODS MOVED to adopt Resolution No. 1644 directing the Mayor to establish the goal of achieving a staged increase in City employee contributions for health care benefit premiums to twenty(20) percent of each employee's total monthly premium cost Yingling seconded Greg Markley, President of Local 1747, 316 W Meeker, disagreed with the numbers associated with the resolution and asked the Council to table the resolution until a recommendation can be brought back to them Woods, Clark, Yingling, Peterson, Orr and White spoke in support of the motion and about the difficulty of this situation The motion then camed with Epperly opposed WOODS MOVED to make all correspondence on this issue apart of the public record Orr seconded and the motion camed C UtilitV Tax Increase and Amendment. (CFN-110) The City's utility tax rate for telephone, gas, electric,water,sewer, and drainage utilities has remained at 4.8% since 1993. The proposed ordinance increases the total utility tax assessed on these utilities by 1 2%, to a total of 6%. Martin explained the projected shortfall, sources of revenue, and the effect of layoffs and attrition, and recommended increasing utility tax rates Kathenn Johnson explained the utility Lifeline program for citizens who are 62 years of age or older, low income, or permanently disabled WOODS MOVED to adopt Ordinance No 3645 amending Chapter 3 18 of the Kent City Code to increase the utility tax on telephone, gas, electric, water, sewer, and drainage utilities by 1 2%, modify the existing penalty provisions, and make other revisions to further clarify the intent of the chapter Yingling seconded • The following citizens spoke in opposition to increasing the utility tax Don Shaffer, 2070 N 78`h, Seattle 98103 Ted Nixon, Business Owner and Resident Bob O'Brien, 1131 Seattle Street Ted Kogita, 25227 Reith Road Joe Rubio, 3831 S. 248th The following citizens spoke in support of increasing the utility tax Dim Duclos, Multi-Service Center, 11200 S 336`h St , Federal Way Bruce Anderson, Property Owner Scott Floyd, 9645 S 232"d Street Gary Young, Polygon NW Company Gary Volchok, C B Ellis Real Estate, 115 W Prospect, Seattle Mike Heinish, Kent Youth &Family Services, 232 S 2"d, Kent Barbara Ivanov, Executive Director, Chamber of Commerce Dean Conti, Kent Chamber of Commerce & Business Owner Thomas Trumpeter, CEO, Community Health Centers of King County Kathleen Senecaut, 1010 E Walnut Street, President of AFSCME Local 2617 Tom Sharp, 24254 143`d Avenue SE Agda Burchard, 23719 1351h Place SE Kathy Jeffrey, 25903 27ih Place South Greg Markley, Kent Firefighters Vma Sharma, Resident Dick Kin e of Lehman Bros , Seattle, explained bond ratings, budget strategies, and the City's financial management Woods, Orr, Epperly, Peterson, Clark, and Yingling explained the reasons 3 Kent City Council Minutes June 3, 2003 for their support of the increase; White suggested alternatives to the increase Upon a roll call vote, the motion to adopt Ordinance No. 3645 then camed with White opposed WOODS MOVED to make all correspondence on this issue a part of the public record Orr seconded and the motion carved BIDS A. 2003 Asphalt Overlays. (CFN-103) The low bid for this project was submitted by Western Asphalt in the amount of$195,249 45 The Public Works Director recommends awarding this contract to them CLARK SO MOVED Peterson seconded and the motion camed B 2003 Intersection Improvements and Asphalt Overlay. (CFN-103) The low bid for this project was submitted by Westwater Construction Co in the amount of$424,381 50 The Public Works Director recommends awarding this contract to them CLARK SO MOVED. Peterson seconded and the motion camed REPORTS E. Planning Committee. (CFN-198) Orr noted that the next meeting will beheld at 3 00 p in on June 17 F Parks Committee. (CFN-198) Woods noted that the next meeting will be held at 4 00 p in on June 12 . G. Administrative Reports. (CFN-198) It was clanfied that Martin will look into domestic violence advocacy funding and report back in two weeks CONTINUED COMMUNICATIONS A Domestic Violence Unit. (CFN-198) Lynn Gordon, Melinda Young, Karen McVail, Kathy Leffman, Beth Button, Cyndi Wilbur, Mary Roll, and Tracy Orchive spoke about the importance of funding the domestic violence advocacy unit ADJOURNMENT (CFN-198) WOODS MOVED to adjourn at 9 32 p in Orr seconded and the motion tamed /Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date June 17. 2003 Category Consent Calendar 1 SUBJECT: RESOLUTION SETTING HEARING DATE ON PROPOSED LID 355, SE 216TH AND 104TH PLACE SE SANITARY SEWERS—ADOPT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, adopt Resolution No. setting July 15, 2003, as the hearing date on Local Improvement District 355 ("LID") for the public to comment on or object to the LID before the city council The City received a petition for the installation of sanitary sewers in the vicinity of SE 2 1 e Street and 104t' Place SE including the residential plat of Mount View Park as shown on the map attached to Don Wickstrom's May 16, 2003, memorandum to the Public Works Committee. All property owners within the project area were contacted and there appears to be adegiWe support to proceed with the LID formation. The project area is outside the city limits, but within the city's potential annexation area and its current sewer service area. The total cost for the project is estimated at $819,270. Approximately $60,405 of that total cost will be paid by the city from the sewer utility Rind. The remaining $758,866 will be assessed against the properties benefited by the improvements. At its meeting on June 2, 2003, the public works committee recommended that council schedule a public meeting for public comment and/or objections on the LID before the full city council on July 15, 2003, at 7:00 p.m. 3. EXHIBITS: Public Works Director memorandum, vicinity map and resolution 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X Proposal for City to contribute $60,404.80 towards the project from sewer utility funds 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent City Council Minutes June 3, 2003 for their support of the increase; White suggested alternatives to the increase. Upon a roll call vote, the motion to adopt Ordinance No. 3645 then carried with White opposed. WOODS MOVED to make all correspondence on this issue a part of the public record. Orr seconded and the motion carved. BIDS A. 2003 Asphalt Overlays. (CFN-103) The low bid for this project was submitted by Western Asphalt in the amount of$195,249 45 The Public Works Director recommends awarding this contract to them. CLARK SO MOVED. Peterson seconded and the motion carried. B 2003 Intersection Improvements and Asphalt Overlay. (CFN-103) The low bid for this project was submitted by Westwater Construction Co. in the amount of$424,381.50. The Public Works Director recommends awarding this contract to them. CLARK SO MOVED. Peterson seconded and the motion carried. REPORTS E. Plannine Committee. (CFN-198) Orr noted that the next meeting will be held at 3.00 p in. on June 17 . J F. Parks Committee. (CFN-198) Woods noted that the next meeting will be held at 4 00 p.m. on June 12 . G. Administrative Reports. (CFN-198) It was clarified that Martin will look into domestic violence advocacy funding and report back in two weeks. CONTINUED COMMUNICATIONS A. Domestic Violence Unit. (CFN-198) Lynn Gordon,Melinda Young, Karen McVail,Kathy Leffman, Beth Button,Cyndi Wilbur, Mary Roll, and Tracy Orchive spoke about the importance of funding the domestic violence advocacy unit. ADJOURNMENT (CFN-198) WOODS MOVED to adjourn at 9:32 p.m Orr seconded and the motion carried. /Brenda Jacober, CMC City Clerk i 4 COMMUNITY DE v ELOPIIIENT Nlike H Martin, Deputy Chief Adnnnistratn e Officer PLBLiC MORKS DEPARTMENT Don E Wickstronm, P E Public Works Director KENT WAS nor.010' Address 220 Fourth Avenue S Kent, WA 98032-5895 Date May 16, 2003 To Public Works Committee From Don Wickstronm Regarding Proposed L i D SE 216" St & 104" Pi SE Sanitary Se\lers The Cnv received a petition for the installation of sanitary sc\�ers in the \icimty of SE 2161h Street and 10. "' P1 SE including the residential plats of Mount View Park as shoe%n on the attached map Subsequently, all property o\xners within the project area \\ere contacted and there appears to be adequate support to proceed t\ith the L I D formation The project area is outside of the Cuy horns, hoes e\er it is ss nhin the City's P.AA and current franchised se%%cr sern ice area The City de\eloped a proposal, mailed information to all property onners nnohed and held an informational meeting Nomember 20, 2002 Property o\%ners then completed a Questionnaire indicatin; their interest or disinterest in the proposal Those responding to proceed represented 43% This is enough interest to form an LID, ho\%e\,er a higher support lemel is desirable The LID boundary i%as reN ised to delete various non supporine properties The support le%el indicated by the Questionnaires for the revised boundary is sho%%n below Those responding to proceed xNah the LID are identified on the attached map and assessment listing Proceed w ith L I D 62 190/0 Do not proceed miith L 1 D 17 91% Did not respond 19 90 o The total L I D assessment is estimated at $758,865 62 Single family lots are estimated at S15,101 20 Several larger sub do idable properties are assessed higher as shoe+n on the attached assessment listing The project area consists of tis o older residential plats (1961 & 1964) deg eloped with septic systems A larger residential property (lots i and 2 on the map) is owned by a developer \%ho has indicated his interest in demelopumg It is not kno\Nn how many existing septic systems are technically in a state of failure, how exer, \Ne understand from the residence that there are septic problems in the area Usually a is difficult to repair septic problems, especially on small lots such as these with lumnted space Sanitary sewers are usually the most feasible, economical and long term method for addressing these problems, W4T ER ANO I SEWER DISTRICT 9 KENT SEWER EXISTING I SERVICE AREA r SANITARY BOUNDARY- SEWER LID O BOUNDARY I Jq LEGEND O I ( O ASSESSMENT NUMBER S.E�21$7H �TJ� LID PARCEL SANITARY SEWER 78 }I 17 16 NA NOT ASSESSED QUESTIONNAIRE NA �( RESPONSE O 27\ 20 79 JbI 3t /32� 33 'PROCEED" 'A' * \S Er219TH ST,D---� I 22 23 24 II 36 * 3a LID BOUNDARY 37 25 38 39 26 * \\��`E•220TH S g REVISED 27 _ O 28 29 30 S CITY OF KENT ENCINCCRING OEPARTMCNT 400 w COWE ST KENT. wA 96031 " S.E. 216TH STREET AND 104TH PLACE S.E. ENT PROPOSED SANITARY SEWER LID MAP u MAY, 2003 O_ U especially When numerous property oiiners in a neighboihood support sealer installation as is the case W ith this proposal The Depar nient of Public health has told us that the life expectancy of aseptic system is hi enty I t* years depending on use and maintenance and that they are a shop tern disposal method until public se"Iers become available The project area has greatly exceeded this time frame and the reports of failures substantiate that these systems are at or are near the end of their useful Ine They also say that the cost of septic repairs may be as high as converting to public sealers. The latest state codes stake septic repairs more difficult and e\pensn e In addition to the need for sewers in this area to replace the failing septic systems, there are environmental concerns The project area is located adjacent to the north bank of the middle fork Garrison Creek Septic seepage and runoff can cause bank erosion and degrade eater quality in the stream Various input from property owners has been receired One owner Wants the sealer because she has to measure the water table in her back yard to etaluate if her family can shover or run the dish Washer They frequently shouter at the gy'in She also complained about failing systems around her home and the resulting odor problem One non supporter Niho claimed she doesn't need seNN ers recently called to change her position due to a septic failure %0ich has occurred since the mifomnational meeting Other owners say their septic systenns are failing or hate failed in the past and that they support the sex%er project Another response summed it up as follow s "This project is long o%erdue These septic systems Were installed in the 60's intended to be only temporary. Many of these systems hate been replaced in the last 20 years My system has failed hi tce, and With surface water management issues complicating an already marginal situation, must be perianently resoh ed by seal ers as soon as possible " Those that are non supportite mentioned that their septic systems are still Working and that they don't want the expense There are no City owned properties W ithin the proposed project However, the proposal is for the City to contribute $60,404 80 sealer utility funds There are four parccls on 104°i PI SE that here deleted from the L I D tihen the proposal Was re%ised and the serer on 104'" PI SE Was deleted These properties will have the potential to connect to the sealer to the rear Therefore, the City will pick up the cost for these parcels as if they Were assessed and establish a charge in lieu of assessment ACTION REQUESTED i Recommend adoption of the Resolution of Intent setting a public hearing date on the formation of the L.I.D. for the 39 properties shoii n on the attached map. Attachments CITY OF KENT, WASHINGTON RESOLUTION NO A RESOLUTION of the City Council of the City of Kent. Washington declaring its intention to order the construction of an 8' sanitary sewer system w ith 6 ' side sewer stubs to the right of way line or easement line and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on July 15, 2003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON. as follows Section 1 It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction of an 8" sanitary sewer system with 6" side sewer stubs to the right of way line or easement line, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements Section 2 The total estimated cost and expense of the improvements is declared to be $819,270 and approximately $60,405 of that cost and expense shall be paid by the City and the balance thereof (an estimated $758,866) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property PROPOSED LID. - SE 216TI I S I REE I AN U 1" i i„ � REVISED PROPOSAL ESTIMATED ASSESSMENTS MAY 12, 2003 REVISED ASSESSMENT TAX LOT NO NAME ESTIMATED NUMBER ASSESSMENTS ' 1 0822059259 SOUTHEY,%iGEL/kNNETTE S166,01502 ` 2 OS22059260 SOUTHEY NIGEL/ANNETTE S29,763 23 ` 3 0822059193 HUDDLESTON, NIOKA R S15,101 20 ' 4 SS02400'07 HANIFAN,JOHN R BETH A S19,144 12 ` 5 51,02200090 R HITAKER, WALTER R S15,101 20 " 6 5702200)00 SLAUGHTER, DEAN NI S15,101 20 ' 7 5102200110 O'\EIL,TIMOTHY FIANNETTE S1501 20 " S 5702200120 GOLDBAUNI,IAMESI S15,101 20 ' 9 5;02200130 BROOKS,ROBERT S15,101 20 10 5702200010 NIATTSON, ELSIE S15 101 20 ' I I 5702200020 CARR, ROBERT W,DONNA N1 S15,101 20 ' 12 5702200030 JOHNSON JOEL D LINDA G S 15 101 20 ' 13 5702200040 COOPER,GARTH W,NORNI5, S 15 101 20 14 5702200050 BOLCHEE, MARILI N S 15,101 20 15 5702200060 SHRE\E, MARK A LAUREL) S15,101 20 16 570I200070 OSTREA,RUBEN O S15,101 20 ' 17 57022000S0 TON'DA, MORRIS RCl NTHIA A S15,101 20 IS 57022U0260 N'ARRIANO,TODDMELAINEI 515101 20 19 5702300010 BONHOLZER LOREN A,TINA A S15,101 20 20 5702300020 PITZEN, ALBERTI S15,101 20 ` 21 5702300010 SE\ER, LOREN J BURNSIDE SHARRIN L S15,101 A 22 5702300040 MOSER SCOTTBJAMID S15,101 20 23 5702300050 KOCI BA DAN ID A ELIZABETH SI5,101 20 24 57023OW60 GEIGER, DEAN A ELIZABETHfnc,, o,ncr) S15 101 20 25 5702100070 SHOEMAKER LAAARENCEE,AELMA S15,101 20 26 5702300080 CROCKER,JEAN MSE% ERNS,DA% ID 515.10120 27 5702300090 MARKEY. RONALD L DARLENE S15,101 20 " 28 5702300100 CARLANDER RICK ERO\ANNE S15,101 20 ' 29 57023001)0 PR)OR, KATHR)N SI5,101 20 ' 30 r,,02300120 AREGGER, BARBARA KUEFFREYK S15,101 20 31 5702300130 PADDOCK JOANL,GLIDDEN CI NTHIA S15,101 20 32 5702300140 N1IDKIFF, DENNIS NI MARGARET S15,101 20 33 5702300150 HARRIS, FRANKLIN K) E,NIELINA K 515,10) 20 34 5702300160 ZINIMERMAN,ROBERT CIRIS E(TR) SI5,101 20 ' 35 57023U0170 NIATTHEN\S,GLADSSE S15,101 20 36 5702300180 NIAEKAWA, KI)ONA CHINN NINA \1 M AEKAWA, WILL $15,101 20 37 5702300195 SCOTT,STE\ EN Ritt IELAND, LORA L S15,101 20 ' 38 5702100205 JACOUS,CLAUDIA S15,101 '10 39 1 5-02300220 IMALONE, MICHAEL E BE\ERLY S15,101 20 TOTAL ESTIMATED PROJECT COST $758,865 62 * Proceed n i I h L 1 D. the ordinance ordering the improvements in the event the local improvement district is formed The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be deln eyed to the City Clerk Section 5 The City's Director of Public Works is directed to submit to the Cm' Council on or prior to July 15, 2003, all data and information required by law- to be submitted Passed at a regular open public meeting by the City Council of the City of Kent, Washington,this 20"' day of August,2002 Concurred in by the Mayor of the City of Kent this 17ffi da) of June, 2003 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPRO AS FO i FOS P PPER& SHEFELMAN PLLC Special Counsel and Bond Counsel SO385162 01 Section 3 The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at least 15 daNs before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the rolls of the County Assessor at the address shown thereon, as required by law This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearmg Section 4 All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7 00 p m on July 15, 2003, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements All persons who may desire to object thereto should appear and present their objections at that hearing Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of 5039516301 EXHIBIT "A" LID 355 SE 216T" STREET AND 104T" PLACE SE SANITARY SEWERS BOUNDARY LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 6, 7 AND 8, BLOCK 1 AND LOTS 1, 2, 3, 4, AND 5, BLOCK 2 AND LOT 8, BLOCK 3, ALL LOCATED IN MOUNT VIEW PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 67 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12, BLOCK I AND LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, BLOCK 2, ALL LOCATED IN MOUNT VIEW PARK NO 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 75 OF PLATS, PAGE 43, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO, THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 170 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 30 FEET FOR SE 216" STREET; AND ALSO, LOT A, OF KING COUNTY SHORT PLAT NO 574084, RECORDED UNDER RECORDING NO 7412160327, RECORDS OF KING COUNTY, WASHINGTON, SAID SHORT PLAT IS A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, AND ALSO, THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M , IN KING COUNTY, WASHINGTON, EXCEPT THE FOLLOWING DESCRIBED TRACTS OF LAND THE NORTH 170 FEET OF THE EAST 160 FEET OF SAID SUBDIVISION, S PEDS1Caml\LfD 355 Boundary Legal Ezhibn A and B doe CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows 1 The attached copy of Resolution No _ (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on June 17, 2003, as that Resolution appears on the minute book of the City; and the Resolution mll be in full force and effect immediately following its adoption; and 2 A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution IN WITNESS WHEREOF, I have hereunto set my hand this_day of June, 2003 CITY OF KENT, WASHINGTON Brenda Jacober, City Clerk THENCE EAST 383 88 FEET, THENCE SOUTH 632 36 FEET, THENCE EAST 66 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING EAST 40 FEET TO A POINT ON A CURVE TO THE LEFT HAVING A RADIUS OF 60 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 DEGREES AN ARC DISTANCE OF 45 92 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 90 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 DEGREES AN ARC DISTANCE OF 68 88 FEET, THENCE EAST 37 94 FEET TO THE EAST LINE OF SAID SUBDIVISION, THENCE SOUTH ALONG SAID EAST LINE 713 FEET, THENCE WEST 184 FEET TO A POINT SOUTH OF THE TRUE POINT OF BEGINNING, THENCE NORTH TO THE TRUE POINT OF BEGINNING, AND ALSO EXCEPT THE EAST 184 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 1,329 24 FEET, THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING, THENCE EAST 633 88 FEET, THENCE NORTH 64199 FEET, THENCE WEST 15 17 FEET, THENCE NORTH 15 FEET, THENCE WEST 618 54 FEET, THENCE SOUTH 642 04 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THE SOUTH 350 FEET THEREOF, S PEDS�Caro LID 355\Bowidary 4gaI Exhibit A and B don THE NORTH 300 FEET OF THE WEST 90 FEET OF THE EAST 250 FEET OF SAID SUBDIVISION, THE WEST 258 FEET OF THE SOUTH 300 FEET OF SAID SUBDIVISION, THE WEST 162 50 FEET OF SAID SUBDIVISION, LYING NORTH OF THE SOUTH 300 FEET THEREOF; AND ALSO, ALL OF TRACTS II AND 12 OF UNRECORDED PLAT OF UNEEDAN ORCHARD TRACTS, MORE PARTICULARLY DESCRIBED AS FOLLOWS- BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON; THENCE NORTH 1,329 24 FEET, THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING, THENCE EAST 633 88 FEET, THENCE NORTH 64199 FEET, THENCE WEST 15 17 FEET; THENCE NORTH 15 FEET; THENCE WEST 618 54 FEET; THENCE SOUTH 642 04 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 390 FEET THEREOF, AND EXCEPT THE WEST 258 FEET OF TRACT 11, AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 8912181267, AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS THAT PORTION OF LOT B OF KING COUNTY SHORT PLAT NO 574084, RECORDED UNDER RECORDING NUMBER 7412160327, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, S PEDSCaml\LID 355\Boundary Legal Exhibit A and B dm OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 1,329 24 FEET, THENCE EAST 603 88 FEET TO THE TRUE POINT OF BEGINNING, THENCE EAST 633 88 FEET, THENCE NORTH 641 99 FEET, THENCE WEST 15 17 FEET, THENCE NORTH 15 FEET, THENCE WEST 618 54 FEET, THENCE SOUTH 642 04 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THE SOUTH 390 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9406020493, (BEING KNOWN AS A PORTION OF TRACT 12, UNEEDAN ORCHARD TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF), (ALL OF THE ABOVE DESCRIBED BEING KNOWN AS A PORTION OF PARCEL B KING COUNTY LOT LINE ADJUSTMENT NUMBER 1085020), EXCEPT ANY PORTIONS OF ALL THE PROPERTY DESCRIBED HEREIN LYING WITHIN PUBLIC RIGHT OF WAY 5 PEDWaMIUD 155�Bo.dary Legal Eah,bd A and B doa AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER SUPERIOR COURT CAUSE NUMBER 95-2-019475-1, AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 9802040743. AND ALSO, THAT PORTION OF LOT B, KING COUNTY SHORT PLAT NUMBER 574084, RECORDED UNDER RECORDING NUMBER 7412160327, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, THENCE EAST 383 88 FEET, THENCE SOUTH 632 36 FEET, THENCE EAST 66 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING EAST 40 FEET TO A POINT ON A CURVE TO THE LEFT HAVING A RADIUS OF 60 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 450 AN ARC DISTANCE OF 45.92 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 90 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 450 AN ARC DISTANCE OF 68 88 FEET, THENCE EAST 37 94 FEET TO THE EAST LINE OF SAID SUBDIVISION, THENCE SOUTH ALONG SAID EAST LINE 713 FEET, THENCE WEST 184 FEET TO A POINT SOUTH OF THE TRUE POINT OF BEGINNING, THENCE NORTH TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THE EAST 184 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER S PEDS\CamlUD 355�Boandary Legal Exhibit A and B dm Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, KENTVIEW-RIVERVIEW BOULEVARD STA 47+00 TO 57+00—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Kentvtew, LLC Riverview Blvd (42"d Ave. S.) STA 47+00 to 57+00 submitted by Gary Shambroich for continuous operation and maintenance of 1041 feet of sewers, 1003 feet of street improvements and 987 feet of storm sewers. The bonds are to be released after the maintenance period. This project is located at Riverview Blvd (42"d Ave. S.) STA 47+00 to 57+00. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner,Commission, etc,) 5. UNBUDGETED FISCALfPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6D " EXHIBIT °B" LID 355 SANITARY SEWER IMPROVEMENTS The proposed project Is the construction of an 8" sanitary sewer system with 6" side sewer stubs to the right of way line or easement line for each of the 39 properties included in the L.I.D. boundary. The construction will include 8"sewer at the following locations: ON FROM TO 1051h Place SE SE 2181h Street Approximately 400 feet north SE 218`h Street 1051h Place SE 1051h Avenue SE 1051h Avenue SE SE 2181h Street SE 2201h Street approximately 75' feet West of East plat boundary SE 2191h Street 1051h Avenue SE East and West to cul-de-sac Easement SE 2191h St. at end of Approximately 240 feet north- cul-de-sac West of westerly from center of cul-de-sac 1051h Avenue SE Easement End of above easement Intersection of 103`d Place SE and SE 2161h Street at existing manhole S PEDSCaml UD 355\Boundary Legal Exlobn A and 8 doe II U i I 188TF ST CD )I S 192ND ANGLE LK 2� S 1967H S�T O� �yv S 200TH T i I I w J 1 i S 2 S I S 216TH ST �� S 167H ST PROJECT j LOCATION z m� Q S 228TH ST S 234TH T KENj 0fS m 1� o F � �yF / � �•�' o JQ� is E KENTVIEW LLC U 3 Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, 37TH PLACE S & 40TH AVENUE S. —ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Kentview LLC —37`' Place S. and 40`s Ave. South submitted by Gary Shambroich for continuous operation and maintenance of 43 feet of sewers, 1165 feet of street improvements and 787 feet of storm sewers. The bonds are to be released after the maintenance period. This project is located at 370, Place South and 40`l' Ave. South. 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 REEQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E � U 188TH ST I I — l o � S 192ND � f ANGLE LK S 196 H I S 200TH T a m J N s 2 S i o j a i S 216TH ST S 216TH ST N PROJECT LOCATION /./i Z Z w mt m t[11 a cn r W Q U i S 228TH ST w m �E QIm S 234TH T I F KEN S 1�, y �s E KENTVIEW LLC Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1 SUBJECT: BILL OF SALE, KENTVIEW-RIVERVIEW BOULEVARD STA 18+23 TO 47+00— ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for the Kentview, LLC —Riverview Blvd (42"d Ave. S.) STA 18+23 to 47+00 submitted by Gary Sharnbroich for continuous operation and maintenance of 2296 feet of sewers, 2877 feet of street improvements and 3872 feet of storm sewers. The bonds are to be released after the maintenance period This project is located at Riverview Blvd. (42nd Ave. S.) STA 18+23 to 47+00. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PEMONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F i 188T ST % -- S 192ND i ANGLE LK �O S 196* S`f S 200TH T � Im � 3 i i w S TS > e° z Q ��� cli S 216TH ST F S 16TH ST Lo 4 PROJECT LOCATION co zr i w € w a U ! S 228TH ST i KENt DES S 234TH T y4 �S E KENTVIEW LLC V Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: KING COUNTY BASIC LIFE SUPPORT SERVICES CONTRACT RENEWAL —AUTHORIZE 2 SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Seattle- King County Department of Public Health/Emergency Medical Services Division which will allow the City to receive funds as per the EMS Levy In the year 2001, a Basic Life Support Services Levy was passed for a six-year period, beginning in 2002. The City has signed a contract with Seattle-King County Department of Public Health/Emergency Medical Services Division since 1981 to receive EMS Funding. The amount to be received for year 2003 is $728,557 The City Attorney's office has reviewed and in their opinion the contract is compliant 3. EXHIBITS: Contract 4. RECOMMENDED BY: Fire.Administration and Public Safety 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. 6G King County Contract No. D33049D Federal Taxpayer ID No. Department/Division Seattle-King County Department of Public Health/Emergency Medical Services Division Agency Kent Fire Department Project Title Basic Life Support Services Fund Code Real Property Taxes Contract Period From January 1,2003 TO December 31,2007 KING COUNTY AGENCY SERVICES CONTRACT—EMERGENCY MEDICAL SERVICES THIS CONTRACT is entered into by KING COUNTY(the"County"),and Kent Fire Department,whose address is 24611 110h Avenue SE, Kent,Washington 98031 (the"Agency") WHEREAS, the County has been advised that the following is the current funding source and the effective dates of such funding source FUNDING SOURCE EFFECTIVE DATES Real Property Taxes 1/1/02—12l31/07 and WHEREAS,the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No 14576. NOW THEREFORE, in consideration of payments,covenants,and agreements hereinafter mentioned,to be made and performed by the parties hereto,the parties covenant and do mutually agree as follows 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth in this Contract,in accordance with the Proposed Budget Form(Exhibit 1) as approved annually by the Health Department, and in accordance with Basic Life Support Standards(Exhibit II) The following attached exhibits are incorporated herein by reference. ® ScoRe of Services(Program Plan and Budget) Attached hereto as Exhibit I ® Basic Life Support Standards Attached hereto as Exhibit II ® Invoice Attached hereto as Exhibit III ® Mission.Method. and Expectations Attached hereto as Exhibit IV ® Certificate of Insurance Attached hereto as Exhibit V D33049D Kent FD Basic Life Support Services Contract 1 V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable,generally accepted accounting principles, and governmental accountmg and financial reporting standards VI. MAINTENANCE OF RECORDS A The Agency shall maintain accounts and records,including personnel,property,financial,and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract B These records shall be maintained for a period of six(6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington(RCW)Chapter 40 14 C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records,documents,and other evidence and shall notify the County in writing of any changes in location within ten(10)working days of any such relocation V11. EVALUATIONS AND INSPECTIONS A The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County B The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six(6)years after termination hereof,unless a longer retention period is required by law C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17. VI11. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is,the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein,and if the County deems said breach to warrant corrective action, the following sequential procedure will apply A. The County will notify the Agency in writing of the nature of the breach, B The Agency shall respond in writing within three(3)working days of its receipt of such notification,which response shall indicate the steps being taken to correct the specified deficiencies The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance,which date shall not be more than ten(10) days from the date of the D33049D KentFD Banc Life Support Services Contract 3 H. DURATION OF CONTRACT This Contract shall commence on the 1st day of January 2003 and shall terminate on the 31st day of December 2007,unless extended or terminated earlier,pursuant to the terms and conditions of the Contract M. COMPENSATION AND METHOD OF PAYMENT A The Agency shall submit Exhibit I annually to the Health Department for its review and approval for determining funds to be distributed to the Agency. The County shall remoburse the Agency for satisfactory completion of the services and requirements specified in this Contract, and in accordance with the Proposed Budget Form(Exhibit I),as approved by the Health Department Payment to the Agency shall be made: Upon receipt of the invoice as set forth in Exhibit III,which complies with the budget set forth in Exhibit I. B The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period The County will mitiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than forty-five(45)days after the appropriate invoice is received C The Agency shall submit its final invoice and all outstanding reports within 30 days of the date this Contract terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection,the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the Proposed Budget Form, as approved by the Health Department. The Proposed Budget may contain line items for personnel salaries and benefits,per-shift payments,per-call payments, supplies,support services,and total EMS funds allocated,consistent with RCW 84 52 069 The Agency shall request prior approval from the County for amendment to the Proposed Budget when the cumulative amount of transfers among the line items within each funding source's program budget is expected,by the end of the budget period,to exceed 10%of the Contract amount for that program budget "Cumulative transfers" shall be defined as the total amount of over-expenditures of individual line items within a specific program budget,the total amount for said specific program budget remaining unchanged. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment D33049D Kent FD Basic Life Support Services Contract 2 C If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II,the County may,upon written notification to the Agency, terminate this Contract in whole or in part If the Contract is terminated as provided in this Subsection (1) the County will be liable only for payment in accordance with the terms of this Contract for sen ices rendered prior to the effectiN e date of termination, and(2)the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination Funding or obligation under this Contract beyond the current appropriation year are conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved,this Contract will terminate at the close of the current appropriation year. D This Contract may be terminated by the Agency without cause, in whole or in part,prior to the date specified in Section II,by providing the County one-year advance written notice of the termination E The Agency may terminate this Contract upon seven(7)-days written notice, should the County commit any material breach of this Contract If the Contract is terminated by the Agency pursuant to this subsection,the County shall be liable for damages caused to the Agency as a result of the breach F. Nothing herein shall Iimit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party XI. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract XII. HOLD HARMLESS AND INDEMNIFICATION A In providing services under this Contract,the Agency is an independent Contractor, and neither it nor its officers, agents,or employees are employees of the County for any purpose The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law The County assumes no responsibility for the payment of any compensation, wages,benefits,or taxes by, or on behalf of the Agency, its employees,and/or others by reason of this Contract The Agency shall protect,indemnify,and save harmless the County,then officers,agents,and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from(1)the Agency's failure to pay any such compensation, wages,benefits,or taxes, and/or(2)the supplying to the Agency of work, services,materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. D33049D Kent FD Basic Life Support Services Contract 5 Agency's response,unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County will notify the Agency in writing of the County's determination as to the sufficiency • of the Agency's corrective action plan The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; D In the event that the Agency does not respond within the appropriate time with a corrective action plan,or the Agency's corrective action plan is determined by the County to be insufficient,the County may commence termination of this Contract in whole or in part pursuant to Section X B, E In addition,the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed, and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section X, Subsections A,B,C,D,and E IX. ASSIGNMENT/SUBCONTRACTING A The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County Said consent must besought in writing by the Agency not less than fifteen(15)days prior to the date of any proposed assignment B "Subcontract"shall mean any agreement between the Agency and a subcontractor or between • subcontractors that is based on this Contract,provided that the term"subcontract"does not include the purchase of(1)support services not related to the subject matter of this Contract, or(2) supplies X. TERMINATION A. This Contract may be terminated by the County without cause,in whole or in part,prior to the date specified in Section 11,by providing the Agency thirty(30) days advance written notice of the termination B. The County may terminate this Contract,in whole or in part,upon seven(7) days advance written notice in the event (1)the Agency materially breaches any duty, obligation,or service required pursuant to this Contract,or(2)the duties,obligations,or services required herein become impossible,illegal, or not feasible If the Contract is terminated by the County pursuant to this Subsection X B(1),the Agency shall be liable for damages,including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation,nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County D33049D Kent FD Basic Life Support Services Contract 4 For All Coverages: Each insurance policy shall be written on an "occurrence'form, except that insurance on a"claims made'form may be acceptable with prior County approval If coverage is approved and purchased on a"claims made'basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period,if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a"claims made' form to an`occurrence'coverage form By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that maybe applicable to the Agency under this Contract The Agency shall assess its own risks and, if it deems appropriate and/or prudent,maintain greater limits and/or broader coverage Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s) Nothing contained within tlus provision shall affect and/or alter the application of any other provision contained within this Agreement B Mimmum Scope of Insurance Coverage shall be at least as broad as I General Liability- Insurance Services Office form number(CG 00 01 Ed 11-8 8)covering COMMERCIAL GENERAL LIABILITY) 2 Professional Liability Professional Liability,Errors, and Omissions coverage In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided "Professional Services",for the purpose of this Contract section, shall mean any services provided by a licensed professional- 3 Automobile Liability In the event that services delivered pursuant to this Contract involve the transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage Insurance Services Office form number(CA 00 01 Ed 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto', or the appropriate coverage provided by symbols 2, 7, 8, or 9 D33049D Kent FD Basic Life Support Services Contract 7 B The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason,to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section C The Agency shall protect, defend, indemrufy, and save harmless the County, its officers, employees,and agents from any and all costs,claims,judgments, and/or awards of damages, ansing out of,or in any way resulting from,the negligent acts or omissions of the Agency,its officers, employees, and/or agents in the performance of their obligations under this contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of,any of its employees or agents For this purpose,the Agency,by mutual negotiation,hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industnal Insurance provisions of Title 51 RCW In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article,all such fees, expenses, and costs shall be recoverable from the Agency The County shall protect, defend, indemnify,and save harmless the Agency, its officers, employees,and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of,or in any way resulting from,the negligent acts or omissions of the County, its officers, employees, or agents in the performance of their obligations under this contract in the performance of their obligations under this contract The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents For this purpose,the County,by mutual negotiation,hereby waives, as respects the Agency only,any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses,and costs shall be recoverable from the County Claims shci: .icNde,but not be limited to,assertions that use or transfer of software,book, document,report, film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright,patent,trademark,trade name, and/or otherwise results in unfair trade practice Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this agreement XHI. INSURANCE REOU[REMENTS A By the date of execution of this Contract,the Agency shall procure and maintain for the duration of this Contract,insurance against claims for injuries to persons or damages to property which may anse from,or in connection with, the performance of work hereunder by the Agency,its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Agency or subcontractor The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract D33049D Kent FD Banc Life Support Services Contract 6 2 All Policies Coverage shall not be suspended, voided,canceled, reduced in coverage or in limits,except by the reduction of the applicable aggregate limit by claims paid, until after forty-fire(45) days prior written notice has been given to the County F. AcgWtability of Insurers Unless otherwise approved by the County, Insurance is to be placed with msurers with a Bests' rating of no less than A VIII, or, if not rated with Bests,with minimum surpluses the equivalent of Bests' surplus size VfII Professional Liability,Errors,and Omissions insurance may be placed with insurers k ith a Bests' rating of B+VlI Any exception must be approved by King County If, at any time,the foregoing policies shall be or become unsatisfactory to the County,as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County,the Agency shall,upon notice to that effect from the County,promptly obtain a new policy, and shall submit the same to the County,with appropriate certificates and endorsements, for approval G Verification of Coverage The Agency shall famish the County with certificates of insurance and endorsements required by this Contract The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract The County reserves the right to require complete, certified copies of all required insurance policies at any time H Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall famish separate certificates of insurance and policy endorsements from each subcontractor Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herem I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an Agency of the State of Washington and is self- insured for any of the above msurance requirements,a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section XIV. NONDISCRIMINATION The Agency shall comply with all applicable federal, state and local laws regarding discrimination D33049D: Kent FD Basic Life Support Services Contract 9 4 Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States"state law C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for 1 General Liability: 1 Million combined single limit per occurrence by bodily injury,personal injury,and property damage, and for those policies with aggregate limits, a 2 Milhon aggregate limit 2. Professional Liability,Errors, and Omissions 1 Million 3. Automobile Liability 1 Milhon combined single limit per accident for bodily injury and property damage 4 Workers' Compensation* Statutory requirements of the state of residency D Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to,and approved by,the County The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency E. Other Insurance Provisions The insurance policies required in this Contract are to contain,or be endorsed to contain, the following provisions: I General Liability Policies a The County, its officers,officials, employees, and agents are to be covered as additional insureds as respects liability ansing out of activities performed by or on behalf of the Agency in connection with this Contract b To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary insurance as respects the County, its officers,officials, employees, and agents Any insurance and/or self-insurance maintained by the County, its officers, officials, employees,or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. c. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought,except with respect to the limits of the insurer's liability D33049D Kent FD Basic Life Support Services Contract 8 • Utilizing the services of available minority community organizations,minority contractor groups, local minority assistance offices,the County,and other organizations that provide assistance in the recruitment and placement of D4/WBEs E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages and sanctions provided for by contract and by applicable law XVI. CONFLICT OF INTEREST A The Agency covenants that no officer,employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest,direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. B If the Agency violates the provisions of Subsection XVI A, the County will not be liable for payment of services rendered pursuant to this Contract Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section X above, as well as any other right or remedy provided in this Contract or law XVII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials,property,or services provided directly or indirectly under this Contract shall be used,directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. XVHI. EQUIPMENT PURCHASE,MAINTENANCE,AND OWNERSHIP A The Agency agrees that any equipment purchases, in whole or in part,with Contract funds at a cost of$1,000 per item or more,when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment,provided,however,that the County agrees that the Agency shall not be liable for the normal wear and tear of such equipment. C The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties D The Agency will admit County staff to the Agency's premises for the purpose of marking such Property with County property tags E The Agency shall establish and maintain inventory records and transaction documents(purchase requisitions,packing slips, invoices, receipts) of equipment purchased with Contract funds D33049D Kent FD Basic Life Support Sengces Contract l l XV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business(M/WBE)utilization requirements shall apply to this Contract No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the contract documents is not required Provided,however,that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply- B. During the term of this Contract,the Agency shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment,construction and services In considering offers from and doing business with subcontractors and suppliers,the Agency shall not discriminate against any person on the basis of race, color,creed,religion, sex,age, nationality,marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person C. The Agency shall maintain,until at least 12 months after completion of all work under this contract,records and information necessary to document its level of utilization of MAVBEs and other businesses as subcontractors and suppliers in this contract and in its overall public and private business activities The Agency shall also maintain,until 12 months after completion of all work under this contract,all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract The Agency shall make such documents available to the County for inspection and copying upon request If this contract involves federal funds,Agency shall comply with all record keeping requirements set forth m any federal rules,regulations or statutes mcluded or referenced in the contract documents D. King County encourages the utilization of mmonty owned businesses (`MBEs") and women- owned businesses("WBEe)(collectively,"M/WBEs")m County contracts. The County encourages the following practices to open competitive opportunities for M/WBEs • Attending a pre-bid or pre-solicitation conference,if scheduled by the County,to provide project information and to inform M/WBEs of contracting and subcontracting opportunities • Placing all qualified small businesses attempting to do business in King County, mcludmg M/WBEs,on solicitation lists,and providing written notice of subcontracting opportunities to M/WBEs and all other small businesses capable of performing the work, mcludmg without]imitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations • Breaking down total requirements into smaller tasks or quantities, where economically feasible,in order to permit maximum participation by small businesses including M/WBEs. • Establishing delivery schedules,where the requirements of this contract permit,that encourage participation by small businesses, including M/WBEs. • Providing M/WBEs that express interest with adequate and timely information about plans, specifications,and requirements of the contract D33049D Kent FD Basic Life Support Services Contract 10 XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree,when applicable,to abide by the terms of Washington State law and rules and regulations promulgated thereunder,the Basic Interagency Contract between the Department of Social and Health Services and King County,as amended, and regulations of the state and federal governments, as applicable,which control disposition of funds granted under this Contract, all of which are incorporated herein by reference In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary KING COUNTY KENT FIRE DEPARTMENT FOR King County Executive Signature Date Name(Please type or print) Date Approved as to Form OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY February 25, 2003 D33D49D Kent FD Basic Life Support Services Contract 13 XIX. NOTICES Whenever this Contract provides for notice to be provided by one party to another,such notice shall be A In writing, and B. Directed to the chief executive officer of the Agency and the director/manager of the County department/division specified on page 1 of this Contract Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copynghtabie material or article should result from the work described herein,all rights accruing from such material or article shall be the sole property of the Agency The Agency agrees to and does hereby grant to the County, irrevocable,nonexclusive,and royalty-free license to use, according to law,any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials,consulting aids,checklists,and other materials and documents of the Agency which are modified for use in the performance of this Contract XXI. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract XXH. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper,the Agency may notify the Contract Administrator,who may waive the recycled paper requirement The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract XXIII. ENTME CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of beach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. D33049D Kent FD Basic Life Support Services Contract 12 EXHIBIT 1 2003 PROGRAM PLAN AND PROPOSED BUDGET I. Identification Information A.- Name and number of Fire Protection District or Fire Department: City of Kent/King County Fire Prot. Dist. #37 B. Name of Chief: Jim Schneider Mailing Address: 24611 116th Ave SE Kent WA 98030 C. Name of EMS Coordinator (and Training Coordinator if different) : Al Bond Telephone No. 253.856.4300 Dale Robertson Telephone No. 253.856.4331 D. Location: manned or unmanned status of all fire stations in your department of district; location of aid vehicles. Include the address of each station (use other side if necessary) . Defib No. EMS Response No & Type Fire Address Unit Status Vehicles at Location Vehicles at Location 1. Station # 71= X Full Time X 1 In Service 1 Engine/Aid Part_Time/ 504 W Crow St Vol rAmbulance Kent WA 98032 2. Station # 72 x Full Time X i In Service 1 Engine/Aid 25620 140th Ave SE Part Time/ Vol 1 Tender Kent WA 98042 3. Station # 73 X Full Time X 1 In-,Service 1 Engine/Aid Part Time/ I Engine/Aid (reserve) 26512 Military Rd. So. Vol 1 Engine/Aid (reserve) I Mobile Command (reserve) Kent WA 98032 1 Ambulnnre (reserve) 4. Station # 74 X Full Time x 1 In Service 1 Engine/Aid Part Time/ I In ServiceAmbulance 24611 116th Ave SE Vol 1 In Service 1 Ladder n 6ervice I Commanda is e Kent WA 98030 1 In Service I Air Vehicle **Include aid units as well as fire apparatus, command cars, rescue units, etc. STATIONS PLANNNED for construction in 2003 Address Status Vehicles i ADDRESS DEFIB UNIT STATUS AID VEHICLES FIRE VEHICLES Station#75 XX Full Tune 1 In Service 1 Engine/Aid Vehicle 15635 SE 272°d I Reserve I Engine/Aid Vehicle(reserve) Kent WA 98042 1 Aid(reserve) 1 MCI Vehicle 1 Air Vehicle Station#76 XX Full Time t In Service 1 Ladder(reserve) 20676 72'd Ave So 1 Engine/Aid Vehicle Kent WA 98032 1 Haz Mat Unit 2 EngmelAid(reserve) Station#77 XX Full Time 1 In Service 1 Engme/Aid Vehicle 20717 132°d Ave Se 1 Engine(reserve) Kent WA 98031 NOTE: All of our engine/aid vehicles,as well as one of our ladder units,are licensed as aid units by D S H S We have nine(9)Licensed aid units and four(4)licensed ambulances i - - • t EMERGENCY MEDICAL SERVICES FUNDS 2003 PROPOSED BUDGET FORM - BASIC LIFE SUPPORT SERVICES Applicant Agency City of Kent/King County Fire Prot. Dist. #37 Agency Service Area(s) East Kent city limits. North border is SE 192nd, east border is 188th Ave SE and the City of Covington City Limits. South border is SE 288th, Kent WA Contact Person - Al Bond Title Battalion Chief/EMS Officer Address 24611 116th Ave SE Kent WA 98030 Phone 253.856.4300 Amount Requested Budget Category in 2003* A. Personnel 1. Salaries & Benefits ** $ 695,520 2. Per Shift Payments (list rate per shift) — 3. Per Call Payments (list rate per call) B. Supplies (itemized on separate sheet) 21,317 C. Equipment (itemized on separate sheet) 11,720 - - - --_- D. Support Service (itemized on separate sheet) E. Total EMS Funds Allocated by King County EMS in 2003 (Please refer to the attached funding 728,557 allocation) *Please list only total amount of requested funds by category on this page. Attach itemized list of proposed expenditures if you are requesting funds for supplies, equipment, or support services. **Attach explanation of how requested funds for salary and benefits were calculated and how they will be used in accordance with the expenditure guidelines. An agency may request BLSS funding for that portion of salaries and benefits that can be attributed to EMS (% aid calls out of total fire and aid calls) up to the BLSS allocation for that agency. Show %'s and total salary/benefit budget used to derive BLSS request. Exhibit 1 2003 Program Plan and Proposed Budget Page 3 III. Personnel A. Number of full-time paid fire fighters 149 of which 128 are EMT's and 0 are First Responders.* B. Number of volunteer fire fighters -0- of which -0- are EMT's and -0- are First Responders.* C. Number of personnel currently trained in defibrillation _ 129 Automated External Defibrillator Certified 20 Manual Defibrillator Certified 109 * Certified as First Responders by State of Washington IV. EMT Defibrillation Program MEDTRONIC PHYSIO CCkIT�% A. Number and type of defibrillator units 12 - LIFE PACK 12'S Manual B. Location of defibrillation equipment (address) ALL STATIONS, TRAINING CENTER AND and a AED located on the Shift Commanders vehicle. C. Unit numbers of aid vehicle(s) usually carrying defibrillation equipment (use number(s)-recorded when completing EMS Medical Incident Reporting Form). 57 - All first line apparatus carry a life pack V. Budget The EMS Division is seeking to collect information that documents total fire department expenditures for emergency medical services. We are also requesting each fire department to report its total operating budget for the year. In order that the information be consistent, please exclude from these totals major capital expenditures including vehicles and buildings, and monies earmarked for bond payments, etc. A. Estimated total EMS budget for 2003 S 1 , 478 , 319 of which S 728, 557 is provided by EMS funds B. Total fire department or fire district S 16 , 929 , 521 budget for 2003. Exhibit 1 2003 Program Plan and Proposed Budget Page 2 E. Agency Response Information Number of fire suppression responses in 2002 705 Number of EMS aid responses in 2002 9200 Total number of responses in 2002 12,895 Percent aid responses of total responses 71% II. Relationships With other EMS Agencies A. Specify location of transfer points with paramedic provider groups if applicable: ITEMIZED LIST OF PROPOSED EXENDITURES FOR SUPPLIES AND EQUIPMENT 2003 BASIC LIFE SUPPORT SERVICES -EMERGENCY MEDICAL SERVICES FUNDS APPROX CATEGORY ITEM COST EQUIPMENT BACKBOARDS $2,500 00 EQUIPMENT BP CUFFS $500 00 EQUIPMENT CYLINDER REQULATOR GUAGES $1,000 00 EQUIPMENT DISP. BAG VALVE MASKS $800 00 EQUIPMENT KED'S $720 00 EQUIPMENT OXYGEN CYLINDERS $1,000 00 EQUIPMENT RING CUTTER $200 00 EQUIPMENT SCOOP STRETCHER $1,500 00 EQUIPMENT STETHESCOPES $500 DO EQUIPMENT SUCTION UNITS $1,000 00 EQUIPMENT TRACTION SPLINTS $2,00000 TOTAL EQUIPMENT $11,720 00 SUPPLY BANDAIDS $100 00 SUPPLY BB STRAPS $1,00000 SUPPLY BLANKETS $1,000 DO SUPPLY BLS TRAUMA PACKS $500 00 SUPPLY BURN SHEETS $300 00 SUPPLY CANNULASITUBBING $1,50000 SUPPLY COLD/WARM PACKS $800 00 SUPPLY CPR MICRO SHIELDS $500 00 SUPPLY ECG PRINTER PAPER $1,000 00 SUPPLY ELECTRODES $1,500 00 SUPPLY EXTRACAT1ObLCOLLARS $2,2D0 00 SUPPLY GAUZE $700 00 SUPPLY GAUZE PADS $500 00 SUPPLY GLOVES $4,217.00 SUPPLY IPECAC $50 00 SUPPLY LIFE PAK BATTERIES $1,000 00 SUPPLY OB KITS $1 DO 00 SUPPLY OXYGEN CYLINDERS $1,000.00 SUPPLY PENLIGHTS $300 00 SUPPLY PILLOWS $200 00 SUPPLY SCISSORS $200 00 SUPPLY THERMOMTERS $150 00 SUPPLY TRAUMA DRESSINGS $500 00 SUPPLY TRIANGULAR BANDAGES $500 00 SUPPLY TYVEKJUMPSUITS $50000 SUPPLY VENT KITS $500.00 SUPPLY WATERPROOF TAPE $500 00 TOTAL SUPPLIES $21,317.00 Exhibit 1 2003 Program Plan and proposed Budget Page 4 VI. Fees for Services A. Does your department charge for providing emergency services? Yes No B. If yes, please provide a list of charges below. VII. Service Improvements/Changes Please describe how EMS funds will be used by your department in 2003 to improve services to the citizens of King County. To supplement total EMS budget to maintain quality and timely delivery of EMS in the face of increasing demand for_ services and budget reductions, With local funds we will cover the remaining costs of the tonal EMS budget. 163 BLS Provider Date Alonzo Plough, Director and Health Officer Date Department of Public Health EXHIBIT II Contract#D33049D KING COUNTY EMERGENCY MEDICAL SERVICES Basic Life Support Standards Agencies shall comply with the following standards in order to be eligible for basic life support services funding from King County. Failure to comply with the standards adopted by King County pursuant to Chapter 2 26 of the King County Code or by the County Medical Program Director pursuant to Chapter 18 73 RCW, shall be sufficient grounds for notification,remediation, and possible termination of funding. Review and modifications of BLS standards maybe conducted on an annual basis Proposed changes will be submitted to the Emergency Medical Services Advisory Committee and local provider agencies for advisory comment prior to implementation. I Personnel: All emergency medical services personnel supported directly by King County funds must be certified as Emergency Medical Technicians ad defined by RCW 18 73 Basic EMT training standards have been established by King County Emergency Medical Services. II Continuing Medical Education: EMTs will remain certified as required by WAC 246- 976 Continuing Education and proficiency standards will be set by King County Emergency Medical Services and the Medical Program Director. Agencies must report completion of education and skull proficiency updates to King County Emergency Medical Services in an agree upon summary format. III Medical Standards: Each agency providing emergency medical services shall adhere to standards of medical care for the tnage, treatment and transport of patient as authorized by the Medical Program Director pursuant to RCW 18 73 and 18.71, and Chapter 2.26 of the King County Code. Standards of medical care are delineated in the King County EMS training curriculum approved by the Washington State Department of Health, "Patient Care Guidelines for Basic Life Support", and in the 1996, 1997, 1998, 1999, and 2000 Competency Based Training (CBT)modules. Additional CBT modules will continue to be issued annually CBT modules may also be offered by the EMS Division electronically via Internet access a Scope of Practice: Evaluation and treatment activities by EMTs from provider agencies not described in the standards of medical care are deemed outside the scope of practice Changes or additions to this scope of practice will be issued periodically by the Medical Program Director b Record Keeping and Record Submission: The Medical Incident Report Form (MIRF) must be completed as soon as possible following an incident. These reports should them be submitted to King County Emergency Medical Services, either electronically or by marl, within 30 days from the date the incident occurred Agencies will be responsible for retention of copies of the reports VII. Performance Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, the EMS Division — with the assistance of the EMS Advisory Committee and the Financial Staff Team—shall develop mechanisms for improved performance oversight by the EMS system and elected officials Performance indicators will be established and reviewed by King County EMS and reported by the EMS Division to each BLS agency and in public presentations. Mitigation activities will be initiated with local providers if needed Reports will be distributed to provider agencies on a regular basis. Standards for each provider will be monitored in the following major areas total call volume, average response time for code red calls, percent of response times greater than or equal to 4, 6, 8, and 10 minutes, out-of-service times, number of transports and mode of transport Additional performance indicators may be added, with the assistance of the EMS Advisory Committee and the Financial Staff Team VIII. Financial Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, indicators shall be developed which improve financial oversight by the EMS system and elected officials. The EMS Division, in conjunction with the EMS Advisory Committee and the Financial Staff Team, shall develop reporting financial reporting measures that will include, but may not be limited to a Selection,development, and tracking of system costs b A standard costing system for reporting dollar expenditures for BLS activities c. Funding allocation mechanism Banc Life Support Smiem Contract '�I c Transportation Policy: Each provider will be responsible for developing a policy for the transport of patients from the incident scene tot he treatment scene Such policy should provide for transportation based upon determinants of transport need, including medical necessity, mitigating circumstances, and provider budget. The decision to transport a patient seen by BLS personnel will be determined by the patient's medical condition as described in the Basic EMT core curriculum and any mitigating circumstances. The mode of transport will be consistent with the patient's medical condition and provide humane, efficient and expedient care Transport destinations should be consistent with the State Trauma System Activation Guidelines d. King County Medical Ouality Assurance/Ouality Improvement Programs: Each BLS provider will agree to participate in a King County Medical Quality Assurance/Quality Improvement program. This program will be developed by King County EMS Division, with the assistance of the EMS Advisory Committee and BLS providers Elements of this program include- 1) run review by clerical and provider personnel to ensure completeness, 2) run review by a reviewer (local paramedic or personnel from within the organization for medical appropriateness and compliance with King County Emergency Medical Services standards, 3) case follow up and discussion conducted by the run review personnel, and 4) paramedic involvement in CBT Training. e. Patient Confidentiality: Information concerning the evaluation and treatment of a patient by BLS personnel in the performance of their duties is to be handled as confidential material, including patient name, medical history, incident location, or any . other confidential information. Confidential medical information may not be released unless the patient or his/her court-appointed representative completes and signs an Authorization for Release of Information form IV Equipment a All vehicles used to deliver emergency medical services must meet vehicle standards as established by the Washington State Department of Health pursuant to RCW 18.73, unless waived by the State Department of Health Office of EMS Trauma Prevention Licensing. b. Medical equipment used by personnel supported funds must meet appropriate federal or state standards or county protocols. V Mutual Aid Agreements: Each public agency providing basic life support services shall have written mutual aid agreement or similar arrangements is effect. VI Proposed Research and Evaluation Activities: Any proposed clinical research or evaluation activities involving personnel, equipment or data supported directly or indirectly by King County funds must receive prior review and written approval by the Medical Program Director and the King County Emergency Medical Services Division Manager and must be in compliance with State,County and local regulations and laws Basic Life Support Smjcm Contract Exhibit III Basic Life Support Services Invoice Fire District/Dept or City Contract# D33049D Invoice Date Address City Zip Code Budget Item Expenditures Expenditures Budget for Balance Category ° To Date Period Unexpended Grand Total I,the undersigned,do hereby certify that the materials have been furnished,the services rendered or the labor performed as described herein,and that the claim is a just,due and unpaid obligation against the County of King,and that I am authorized to authenticate and certify to said claim. Signature Title Date *Indicate supplies,equipment,salaries and support services. B3 is Life Support Services Contract EXHIBIT IV Contract#D33049D Mission,Method, and Expectations Public Health Program Activities Provided by Community Partners A. Mission • The overall mission of Public Health—Seattle & King County is to provide public health services that promote health and prevent disease to King County residents, in order to achieve and sustain healthy people and healthy communities. B. Method • One of the key methods that Public Health—Seattle & King County uses to support this mission and extend the reach of public health program activities is to engage in contractual partnerships with community based organizations This partnering activity increases access to needed and mandated health services, and enables community partner agencies and the people they sen e to benefit from service models that are informed by sound public health principles and practices Community partner organizations, with the support of funds provided through this contractual relationship,extend Public Health's activities to promote population health, according to goals and outcomes determined under state and national performance standards C. Expectations • Public Health expects that its community based contracting partners will perform contracted health services in accordance with the goals, performance measures, and accountability methods that are outlined in the program-specific exhibits that accompany this contract • Public Health will provide professional and technical assistance to community partner organization program staff in order to support the development and maintenance of strong and effective program services • Public Health and community partner organizations will collaborate in developing and performing program evaluation activities that will measure the effectiveness of program efforts, including efforts to measure the impact of program activities on the health status of residents of King County Basic Ldc Support Smmes Contract Kent City Council Meeting Date June 17. 2003 Category Consent Calendar 1. SUBJECT: PURCHASE OF AID VEHICLE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with H&W Emergency Vehicles for the purchase of one (1) medium duty aid vehicle The Fire Department is purchasing one (1) medium-duty aid vehicle, under the contract of March, 2002 as allowed in the original bid specifications. Specifically, the bid specifications stated that: "The City of Kent reserves the right to purchase additional vehicles under this agreement for(5) years from the original date of the bid under the terms of this specification and bid." After having this issue evaluated by the City Attorney's office, approval is requested to purchase the vehicle from the previous vendor, H & W Emergency Vehicles. 3. EXHIBITS• None 4. BLC—OMMENDED BY: Fire Administration & Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $160,000 SOURCE OF FUNDS: Apparatus Replacement Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1 SUBJECT: PREMERA BLUE CROSS ADMINISTRATIVE AGREEMENT RENEWAL—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the administrative contract with Premera Blue Cross effective January 1, 2003 through December 31, 2003. Renewal of the Premera Blue Cross third party administrative contract for claims administration of the medical, dental and vision coverage for the citywide self-funded health care program. The 2003 administrative rate reflects an approximate 18% increase in the administrative fees charged by Premera and is budgeted in the health and welfare fund. 3 EXHIBITS: Contract 4. RECOMMENDED BY:QRerations Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I OFFICE OF THE MAYOR Jim White, Mayor • Phone 253-856-5700 K E N T Fax 253-856-6700 w.s » �o*o» Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: June 3, 2003 TO: Kent City Council Operations Comr�mittge FROM: Becky Fowler, Benefits Manager RJR'� ,l THROUGH Sue Viseth, Employee Services DirectoU SUBJECT: Premera Blue Cross Administrative Agreement Renewal SUMMARY: Renewal of the Premera Blue Cross third party administrative contract for claims administration of the medical, dental and vision coverage for the citywide self-funded health care program The 2003 administrative rate reflects an approximate 18% increase in the administration fees charged by Premera and is budgeted in the health and welfare fund BUDGET IMPACT $565,000 00 MOTION I move to recommend that council authorize the Mayor to sign the administrative contract with Premera Blue Cross effective January 1, 2003 through December 31, 2003 BACKGROUND: The City contracts with Premera Blue Cross as a third party administrator(TPA) for the self- funded preferred provider health care program The administrative fee paid to Premera last year was 7% of our self-funded healthcare costs Approximately 2,200 by es are covered under our self-funded Premera Blue Cross plan which includes employees, dependents and LEOFF 1 retirees Premera Blue Cross provides claims administration, printing of the benefit booklets, identification cards and other materials necessary for the operation of the plan Also included in the agreement is access to Premera's preferred and participating provider (PPO) network of doctors and hospitals as well as fees for the prescription drugs and the B1ueCard program Kent Council Operations Committee 1 Premera Blue Cross Adnnn Agreement June 3,2003 SECTION 1 DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR 1 01 The Plan Sponsor shall provide the Claims Administrator with a copy of the Plan Document and any other documents describing the benefit program(s)that the Claims Administrator may rely upon in performing its responsibilities under this Contract 1 02 The Plan Sponsor shall have final discretionary authority to determine the benefit pros isions and to construe and interpret the terms of the Plan 1 03 The Plan Sponsor shall have final discretionary authority to determme eligibility for benefits and the amount to be paid by the benefit program(s) 1 04 Unless specifically delegated to the Claims Administrator by this Contract,the Plan Sponsor shall be responsible for the proper administration of the Plan including a providing the Claims Administrator a complete and accurate list of all mdiv iduals eligible for benefits under the benefit program(s)and to update those lists monthly The Claims Administrator shall be entitled to rely on the most recent list until it receives documentation of any change thereto In notifvmg the Claims Administrator on a monthly basis of changes in eligibility, c distributing to all eligible Participants,Dependents and Beneficiaries all appropriate and necessary materials and documents,including but not limited to benefit program booklets,summary plan descriptions, material modifications,identification cards,enrollment applications and notices required by law or that are necessary for the operation of the Plan, d providing the Claims Administrator with any additional information necessary to perform its functions under this Contract as may be requested by the Claims Administrator from time to time, f maintaining adequate funds from which the total cost of all claims for each preceding week w ill be paid to the Claims Administrator by wire transfer Funds must be provided within forty-eight(48) hours of phone notification by the Claims Administrator to a person designated by the Plan Sponsor If timely payment for the claims is not received by the Claims Administrator,the Plan Sponsor shall pay the Claims Administrator a daily late charge This late charge is calculated from the first day following the foray-eight(48)hour period stated above This late charge is based on the average monthly prime rate posted by Bank of America-Nations Bank during the Contract Period,plus two(2)percent on the amount of the late payments for the number of days late Late charges are due at the end of the Contract Period as part of the annual accounting or, if earlier, upon termination of the Contract 1 05 The Plan Sponsor shall be responsible for all taxes,assessments and fees levied by any local, state or federal authority in connection with the Claims Administrator's duties pursuant to this Contract 1 06 The Plan Sponsor shall be responsible for the Plan's continuing compliance with federal,state and local laws and regulations, including but not limited to the Internal Revenue Code,the Employee Retirement Income Security Act of 1974(ERISA),the 7486T 2 ADMINISTRATIVE SERVICE CONTRACT BETWEEN PREMERA BLUE CROSS AND CITY OF KENT This Contract is effective January ],2003,by and between the group named above(hereinafter referred to as the"Plan Sponsor'),and Premera Blue Cross(hereinafter referred to as the"Claims Administrator") WHEREAS,the Plan Sponsor has established an employee benefit plan (hereinafter referred to as the "Plan")which provides for payment of certain welfare benefits to and for certain eligible individuals as defined by the Plan Document,such individuals being hereinafter referred to as"Participants, Dependents and Beneficiaries",and, WHEREAS,the Plan Sponsor has chosen to self-insure the benefit program(s)provided under the Plan, and WHEREAS,the Plan Sponsor desires to engage the services of the Claims Administrator to provide administrative services for the Plan, NOW THEREFORE, in consideration of the mutual covenants and conditions as contained herein the parties hereto agree to the provisions in this Contract, including any Attachments and endorsements thereto The parties below have signed as duly authorized officers and have hereby executed this Contract If this Contract is not signed and returned to the Claims Administrator within sixty(60)days of its delivery to the Plan Sponsoror its agent, the Claims Administrator will assume the Plan Sponsor's concurrence dnd the Plan Sponsorwdl be bound by its terms IN WITNESS WHEREOF the parties hereto sign their names as duly authorized officers and have executed this Contract CITY OF KENT BY DATE Title ADDRESS PREM ERA BLUE CROSS BY ,/ DOTE June 3,2003 H R.Brereton Barlow President and Chief Executive Officer P O Box 327 Seattle, WA 98111-0327 7486T I Administrator's check stock,but the responsibility for funding benefits is the • Plan Sponsor's and the Claims Administrator is not acting as an insurer The Claims Administrator shall make reasonable efforts to determine that a claim is covered under the terms of the benefit program(s)as described in the benefit booklet,to apply the coordination of benefits provisons,identify subrogation claims,and make reasonable efforts to recover subrogated amounts administratively and prepare and distribute benefit payments to Participants, Dependents and Beneficiaries and,or sen ice pro%iders, c notify the Group weekly by telephone or electronic medium of the amount due for the prior week's claims, d perform reasonable internal audits, e answer inquiries from the Plan Sponsor, Participants Dependents and Beneficiaries, and service pro%iders regarding the terms of the Plan, although final authority for construing the terms of the Plan's eligibility and benefit provisions is the Plan Sponsor's, f prepare and provide to the Plan Sponsor monthly reports of claims paid under the Plan in accordance w ith Attachment B, g prepare and provide the Plan Sponsor w ith an annual report of the operations of the Plan in accordance w ith Attachment B, h coordinate with any stop-loss msurance carrier, i when "preferred provider" benefits are provided, maintain a network of hospital and professional pro%iders paid claims will reflect any negotiated provider discounts, j perform utilization management sen ices(as identified) k provide a Certificate of Group Health Coverage to Participants, Dependents and Beneficiaries w hen their coverage under this Plan terminates or upon their request within 24 months of termination In the e%ent the Claims Administrator does not have adequate information to complete the Certificate, the Plan Sponsor will be responsible for completing the missing information on the Certificate and forwarding it to the Participant, Dependent or Beneficiary 1 review and respond to the initial appeals of adverse benefit determinations as described in the benefit booklet provided by the Claims Administrator for this Plan The Claims Administrator shall also provide a second review of adverse appeal decisions made after its initial review This review will be conducted as described in the benefit booklet provided by the Claims Administrator for this Plan An"adverse benefit determination"means any of the following a denial, reduction,or termination of,or a failure to provide or make payment(in whole or in pan)for, a benefit, including payment that is based on a determination of the eligibility of a Participant, Dependent, or Beneficiary to participate in the Plan This includes any denials,reductions,or failures to provide or make payment resulting from the application of utilization • review or limitations on experimental and investigational services, medical necessity,or appropriateness of care 7486T 4 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA),the Health Insurance Portability and Accountability Act of 1996(HIPAA),and the Balanced Budget Act of 1997 The Plan Sponsor,and not the Claims Administrator,is the "plan administrator" for purposes of all federal laws that impose duties or obligations on such entities The Plan Sponsor shall be responsible for determining whether it is subject to COBRA and for notifying Participants,Dependents and Beneficiaries of their COBRA rights both initially and upon the occurrence of a qualifying event, for calculating and collecting premiums for COBRA continuation of coverage and for promptly notifying the Claims Administrator when an individual is no longer eligible for COBRA continuation of coverage 1 07 The Plan Sponsor shall be responsible for defending any legal action brought against the Plan, including a claim for benefits by or on behalf of any mdn idual or entity,including but not limited to any Participant or former Participant,Dependent, Beneficiary,any fiduciary or other party This responsibility includes the selection and payment of counsel The Plan Sponsor shall not settle any legal action or claim without the prior consent of the Claims Administrator if the action or claim could result in the Claims Administrator being liable,including for example,any habihty for contribution to or indemnification of the Plan Sponsor or other third party either directly or indirectly 1 08 In the event the Claims Administrator does not haN a adequate information to complete the Certificate of Group Health CoNerage as required by HIPAA,the Plan Sponsor shall be responsible for completing the missing information on the Certificate and forwarding it to the Participant, Dependent or Beneficiary upon their termination from the Plan or upon request within 24 months of termination 1 09 If the Plan Sponsor writes or revises its benefit booklet the Claims Administrator must review and approve in adNance the draft of the benefit booklet that is printed and distributed to Participants 1 10 If an adverse decision is made in the Claims Admmistrator's second le%el of review, the Plan Sponsor shall offer the Participant a rei iew by an Independent Review Organization(IRO) The Plan Sponsor shall pay all costs of the IRO review 1 1 I If the Plan Sponsor elects to opt out of compliance w ith certain federal mandates as allowed by HIPAA,the Plan Sponsor is responsible to file its opt-out with federal regulators for each contract period and to notify Participants,Dependents,and Beneficiaries of the opt-out in accordance with federal law and regulations then in effect The Plan Sponsor agrees to hold the Claims Administrator harmless for any and all consequences arising from the Plan Sponsor's failure to file an opt-out as required by law for a given contract period,errors in the opt-out filing,or failure to notify an enrollee as required by federal law SECTION II DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR 201 The Claims Administrator agrees to perform the following administrative services for the Plan Sponsor The Claims Administrator shall a assist in the preparation and printing of the benefit program booklets, identification cards,and other materials necessary for the operation of the Plan, b process all eligible claims incurred after the effective date of this Contract which are properly submitted in accordance with the procedures set forth in the Plan Sponsor's benefit booklet Checks will be issued on the Claims 7486T 3 b In the event of late payment,the Claims Administrator may terminate this Contract pursuant to Section 9 05 Acceptance of late payments by the Claims Administrator shall not constitute a waiver of its right to cancel this Contract due to delinquent or nonpayment of fees c The Claims Administrator will charge interest to the Plan Sponsor on all payments received after the tenth day of the month in which they are due, including amounts paid to reinstate this Contract after termination pursuant to Section 9 05,at the average prime rate posted b y Bank of America/Nations Bank during the Contract Period plus two(2)percent on the amount of the late payments for the number of days late Interest will be in addition to any other amounts payable under this Contract SECTION V BLUECARD®PROGRAM 5 01 Premera Blue Cross,like all Blue Cross and,or Blue Shield Licensees, participates in a program called"BlueCard" Whenever enrollees access health care services outside Washington and Alaska,the claim for those services may be processed through BlueCard and presented to us for payment Payment is made according to the terms and limitations of your plan document and network access rules in the BlueCard Policies then in effect Under BlueCard, w hen enrollees receive covered services within the area served by another Blue Cross and/or B toe Shield Licensee (called the"Host Blue'in this section),Premera Blue Cross remains responsible for fulfilling our obligations under this contract The Host Blue will only be responsible for such services as contracting with providers and handling all interaction with contracting providers The Host Blue must perform these duties in accordance with applicable BlueCard Policies The financial terms of BlueCard are described generally below 5 02 Liability Calculation Method Per Claim The amount the enrollee pays for covered services obtained outside I Washington and AlaskaVashmgtomthis Plan's sen ice area) through BlueCard is calculated on the lower of I)the billed charges for the enrollee's covered services or 2)the "negotiated price' that the Host Blue passes on to Premera Blue Cross for the enrollee's covered services Most often, the Plan Sponsor's liability for covered services processed through BlueCard is calculated on the same amount on which the enrollee's liability is calculated However, in rare cases required by the Host Blue's contract with the provider, the Plan Sponsor's liability wit]be calculated on the Host Blue's negotiated price even when that price exceeds the billed charge The methods used to determine the negotiated price will vary among Host Blues according to the terms of their provider contracts Often,the negotiated price will consist of a simple discount,which reflects the actual price allowed as payable by the Host Blue But,sometimes,it is an estimated pace that factors in the Host Blue's expected settlements,withholds,any other contingent payment arrangements and non-claims transactions with the enrollee's health care provider or with a specified group of providers The negotiated price may also be a discount from billed charges that reflects an average expected savings with the enrollee's health care provider or a specified group of providers The price that reflects average savings may result in greater variation above or below the actual price than will the estimated prize In accordance with national BlueCard policy,these estimated or average prices will also be adjusted from time to time to correct for overestimation or underestimation of past prices However, the amount on which the enrollee's and 7496T 6 If an adverse decision is made in the Claims Administrator's second lev el of review,the Claims Administrator also agrees to facilitate a review of the appeal by an Independent Review Organization (IRO)on behalf of the Plan Sponsor The Claims Administrator will submit all documentation regarding the appeal to the IRO and work with the IRO as needed to complete its review The Claims administrator shall pass all costs of the IRO review on to the Plan Sponsor SECTION III LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY 3 01 It is recognized and understood by the Plan Sponsor that the Claims Administrator is not an insurer and that the Claims Administrator's sole function is to provide claims administration services and the Claims Administrator shall have no liability for the funding of benefits The Claims Administrator is empowered to act on behalf of the Plan Sponsor in connection with the Plan only as expressly stated in this agreement or as mutually agreed to in writing by the Claims Administrator and the Plan Sponsor 3 02 If,during the course of an audit performed internally by the Claims Administrator pursuant to Section 2 01 d or by the Plan Sponsor pursuant to Section VI of this Contract,any error is discovered,the Claims Administrator shall use reasonable efforts to recover any loss resulting from such error 3 03 The Claims Administrator is an independent contractor with respect to th a services being performed pursuant to this Contract and shall not for any purpose be deemed an employee of the Plan Sponsor 304 This Contract is between the Claims Administrator and the Plan Sponsor and does not create any legal relationship between the Claims Administrator and any Participant,Dependent,Beneficiary or any other individual 3 05 It is recognized by the parties that errors may occur and it is agreed that the Claims Administrator will not be held liable for such errors unless they resulted from its gross negligence or willful misconduct The Plan Sponsor agrees to defend, indemnify,and hold harmless the Claims Administrator from all claims,damages, liabilities,losses,and expenses arising out of the Claims Administrator's performance of administration services under the terms of this Contract,so long as they did not arise out of the Claims Administrator's grass negligence or willful misconduct SECTION IV FEES OF THE CLAIMS ADMINISTRATOR 401 By the first of each month,The Plan Sponsor shall pay the Claims Administrator in accordance with the fee schedule set forth in Attachment C that is incorporated herein by reference 402 Late Payments a If,for any reason whatsoever,the Plan Sponsor fails to make a timely payment required under this Contract by the tenth day of the month in which payment is due, the Claims Administrator may suspend performance of services to the Plan Sponsor,including processing and payment of claims, until such time as the Plan Sponsor makes the required payment,including interest as set forth in b below 7486T 5 administrative expense allowance fees, Central Financial Agency Fees,and ITS Transaction Fees Also,some of these claim-based fees,such as the access fee and the administrative expense allowance fee,maybe passed onto the Plan Sponsor as an additional claim liability Examples of fees not applied on a per-claim basis are an 800 number fee and a fee for providing provider directories If you want an updated listing of these types of fees or the amount of these fees paid directly by you,please contact us 5 05 Access Fees Host Blues may charge the Claims Administrator an access fee for making their discounted rates and the resulting savings available on claims incurred by the Plan Sponsor's Participants and Beneficiaries Access fees are based on the difference between the amount paid by the Host Blue and the amount this Plan would have paid if it had dealt with the out-of-area provider directly The access fee,if one is charged,may equal up to 10 percent of the Host Licensee's discount/differential savings,but may not exceed 52,000 per claim The access fee may be charged only if the Host Blue's arrangement with the provider prohibits billing enrollees for amounts in excess of the discounted rate However,providers may bill for deductibles, coinsurance,amounts in excess of stated benefit maximums,and charges for noncovered services In the event a participating provider discount cannot be passed along to the Participant or Beneficiary,no discount or access fee will apply 5 06 How Access Fees Affect The Plan Access fees are considered a claims expense because they represent claims dollars the Plan Sponsor is unable to avoid paying Instances may occur in which the Claims Administrator does not pay a claim(or pays only a small amount)because the amounts eligible for payment were applied to the deductible and/or coinsurance In these instances the access fee w ould still apply even though little or none of the claim was paid SECTION V1 AUDIT 601 Within thirty(30)days of written notice from the Plan Sponsor,the Claims Administrator shall allow an authorized agent of the Plan Sponsor to inspect or audit all records and files maintained by the Claims Administrator which are directly pertinent to the administration of the Plan for the current or most recently ended contract period Such documents shall be made available at the administrative office of the Claims Administrator during normal business hours The Plan Sponsor shall be liable for any and all fees charged by the auditor All audits shall be subject to the Claims Administrators audit policies and procedures then in effect To the extent that the Plan Sponsor requests data and reports that are beyond the scope of the Claim Administrator's audit policies and procedures,the Plan Sponsor shall reimburse the Claims Administrator for the additional administrative costs incurred in producing such data and reports Any agent or auditor who has access to the records and files maintained by the Claims Administrator shall agree not to disclose any proprietary or confidential information used in the business of the Claims Administrator SECTION Vll SUBROGATION 7486T 8 the Plan Sponsor's payments are based remains the final price for the covered services billed on that claim In addition, if the Host Blue's negotiated price is an estimated or average price, as described above,some portion of the amount the Plan Sponsor pays may be held in a variance account by the Host Blue,pending settlement with its contracting providers Because all amounts paid are final,any funds held in a variance account do not belong to the Plan Sponsor and are eventually exhausted by provider settlements and through prospective adjustments to the negotiated prices Some states may mandate a surcharge or a method of calculating what enrollees must pay on a claim that differs from BlueCard's usual method noted above and is not pre-empted by federal law If such a mandate is in force on the date the enrollee received care in that state,the amounts the enrollee and the Plan Sponsor must pay for any covered services will be calculated using the methods required by that state's mandate Such methods might not reflect the entire savings expected on a particular claim The calculation methods described above m,this section 5 02 do not apply to BlueCard Worldwide claims Under BlueCard,recoveries from a Host Blue or from contracting providers of a Host Blue can arise in several ways Examples are antifraud and abuse audits, providerihospital audits,credit balance audits,utilization review refunds,and unsolicited refunds In some cases, the Host Blue will engage third parties to assist in discovery or collection of recovery amounts The fees of such a third party are netted against the recovery Recovery amounts,net of any fees,w ill be applied in accordance with applicable BlueCard Policies,which generally require correction on a claim-by-claim or prospective basis 503 BlueCard Worldwide® If enrollees are outside the United States, the Commonwealth of Puerto Rico, Jamaica and the British and U S Virgin Islands,they may be able to take advantage of BlueCard Worldwide BlueCard Worldwide is unlike the national BlueCard program in certain ways For instance,although BlueCard Worldwide provides a network of contracting hospitals,it offers only referrals to doctors and other health care providers When receiving care from doctors or other health care providers, enrollees will have to submit claim forms on their own behalf to obtain reimbursement for the services provided through BlueCard Worldwide 504 BlueCard Fees and Compensation -Overview The Plan Sponsor understands and agrees to the following a To pay certain fees and compensation to us which we are obligated under BlueCard to pay to the Host Blue,to the Blue Cross and Blue Shield Association,or to the BlueCard vendors These fees are billed to the Plan Sponsor as shown in Attachment C,"Fees of the Claims Administrator" b That fees and compensation under BlueCard may be revised from time to time without the Plan Sponsor's prior approval in accordance with the Blue Cross and Blue Shield Association's standard provisions for revising fees and compensation under BlueCard Some of these fees and compensation applyeach time a claim is processed through BlueCard Examples of these are access fees(see 5 05 and 5 06 below), 7486T 7 902 This Contract will terminate on the last day of the Contract Period or the last day of any extension of the Contract Period granted by the Plan Administrator 903 Either party may terminate this Contract effective immediately by giving written notice to the other if a party becomes insolvent, makes a general assignment for the benefit of creditors, files a v olumary petition of bankruptcy,suffers or permits the appointment of a receiver for its business or assets, or becomes subject to am proceeding under any bankruptcy or insolvency law,w heher foreign or domestic A party is insolvent if it has ceased to pay its debts in the ordinary course of business, cannot pay its debts as they become due or the sum of its debts is greater than the value of its property at a fan v aluation 904 If loss of services is caused by,or either party is unable to perform any of its obligations under this Contract,or to enjoy any of its benefits because of natural disaster,action or decrees of governmental bodies or communication failure not the fault of the affected party,such loss or inability to perform shall not be deemed a breach The party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance Upon receipt of such notice,all obligations under this Contract shall be immediately suspended If the period of nonperformance exceeds thirty(30)days from the receipt of such notice,the party whose performance has not been so affected may, as its sole remedy,terminate this Contract by written notice to the other party effectiv e immediately In the event of such termination,the Plan Sponsor shall remain liable to the Claims Administrator for all payments due,together with interest thereon as provided for in Section 4 02 9 05 The Claims Administrator may,at its sole discretion, terminate this Contract effective as of a missed pay ment due date in the event that the Plan Sponsor fails to make a timely payment required under this Contract 906 In the event this Contract is terminated prior to the end of the Contract Period the Plan Sponsor shall remain liable to the Claims Administrator for all delinquent sums together with interest thereon as pro%ided for in section 4 02 above Furthermore,the Claims Administrator will have incurred fired costs "Inch,but for the termination, would have been recouped over the course of the Contract Period Therefore,in the event that the Contract terminates pursuant to Section 9 01 or 9 05,the Plan Sponsor shall also pay the Claims Administrator as liquidated damages,and not as a penalty,an amount equal to two(2)months administration fees This monthly fee shall be determined by multiplying the rate set forth in Attachment C multiplied by the average number of Participants, Dependents and Beneficiaries covered by the Plan for the immediately preceding six (6)month period or such shorter period if this Contract has not been in effect for a period of six(6)months The Plan Sponsor shall remain liable for claims incurred during the Contract Period but not paid during the Contract Period and for the claims inn-out processing fee set forth in subsection C of Attachment C 907 Within one hundred twenty(120)days of termination by either party,the Claims Administrator shall deliver to the Plan Sponsor an interim accounting Within fifteen(15)months of termination the Claims Administrator shall deliver to the Plan Sponsor a complete and final accounting of the status of the Plan At the expense of the Plan Sponsor,the Claims Administrator shall make available a record of deductibles and coinsurance levels for each Participant, Dependent and Beneficiary and deliver this information to the Plan Sponsor or its authorized agent 7486T to 701 The Claims Administrator shall make reasonable efforts to pursue subrogation claims admmistrativ ely on behalf of the Plan However the Claims Administrator shall have no affirmative duty to pursue subrogation claims beyond those specified in section 2 01 b The Plan Sponsor shall have the sole discretion to bring any legal claim or action to enforce the Plan's subrogation prov isions The Claims Administrator will cooperate with the Plan Sponsor in the event the Plan Sponsor brings any legal action to enforce the subrogation provisions of the Plan Any costs and attorneys'fees incurred in pursuing such subrogation claims shall be the responsibility of the Plan Sponsor SECTION Vlll TERM OF CONTRACT 801 The term of this Contract shall be the period from 12 01 a m on January I,2003,to midnight on December 31,2003 (hereinafter referred to as the "Contract Period") 8 02 Except as stated otherwise in section 9 03 below,the terms and conditions of this Contract and the fee schedule set forth in Attachment C are established for the Contract Period 803 The Plan Sponsor acknowledges that the fee schedule set forth in Attachment C and the services provided for in this Contract are based upon the terms of the Plan and the enrollment as they exist on the effective date of this Contract Any substantial changes,whether required by law or otherwise, in the terms and provisions of the Plan or in enrollment may require that the Claims Administrator incur additional expenses The parties agree that any substantial change,as determined by the Claims Administrator,shall result in the alteration of the fee schedule,even if the alteration is during the Contract Period The phrase"any subsianual change"shall include,but not be limited to a a fluctuation of twenty-five(25)percent or more in the number of Participants, Dependents and Beneficiaries as set forth on the census information included in Attachment A which is herein incorporated by reference and made a part of this Contract, b the addition of benefit program(s)or any change in the terms of the Plan's eligibility rules,benefit provisions or record keeping rules that would increase administration costs by more than$2 000, c any change in claims administrative services,benefits or eligibility required by law, d any change in administrative procedures from those in force at the inception of this Contract that is agreed upon by the parties, e any additional services which the Claims Administrator undertakes to perform at the request of the Plan Sponsor which are not specified in this Contract such as the handling of mailings or preparation of statistical reports and surveys not specified in this Contract SECTION IX TERMINATION 901 The Plan Sponsor may terminate this Contract at any time by giving the Claims Administrator thirty(30)days written notice 7486T 9 Except for the notice given pursuant to section 1 04 f,any notice required or permitted to be given by this Contract shall be in writing and shall be deemed delivered three (3)days after deposit in the United States mad,postage fully prepaid,return receipt requested,and addressed to the other part} at the address as shown on the Face P age of this Contract 11 05 Inteeration This Contract, including any appendices or attachments incorporated herein by reference embodies the entire Contract and understanding of the parties and supersedes all prior oral and written communications betw een them Only a writing signed by both parties hereto hereof may modify the terms 1106 Assignment Neither party shall assign this Contract or any of its duties or responsibilities hereunder without the prior written approval of the other SECTION XII ATTACHMENTS TO THE ADM INISTRATINE SERVICE CONTRACT 1201 The follow mg attach to and become pan of the body of this Contract and thev are herein incorporated by reference Attachment A-Census Attachment B-Reporting Attachment C-Fee Schedule Attachment D- Right Of Conversion Attachment E-Plan Document Attachment F—Performance Guarantees Attachment G—Business Associate Agreement 7486T 12 908 For the twelve(12)month period following termination of this Contract, the Claims Administrator shall continue to process eligible claims incurred prior to termination at the claims run-out processing fee rate set forth in Attachment C SECTION X DISCLOSURE 1001 It is recognized and understood by the Plan Sponsor that the Claims Administrator is subject to all laws and regulations applicable to Claims Administrators and health care sere ice contractors 1002 It is recognized and understood by the Plan Sponsor that the Claims Administrator is not acting as an insurer and also is not providing stop-loss insurance SECTION XI OTHER PROVISIONS 11 01 Choice of Law The validity,interpretation, and performance of this Contract shall be controlled by and construed under the laws of the state of W ashington,unless federal law applies Any and all disputes concerning this Contract shall be resolved in W'ASHINGTON King County Superior Court or federal court as appropriate 1102 Trademarks The Claims Administrator reserves the right to,the control of and the use of the words"Premera Blue Cross"and, "Premera Blue Cross Blue Shield of Alaska" and all symbols,trademarks and senate marks existing or hereafter established The Plan Sponsor shall not use such words,symbols,trademarks or service marks in advertising,promotional materials,materials supplied to Participants,Dependents and Beneficiaries or otherwise without the Claims Administrator's prior written consent which shall not be unreasonably withheld 11 03 Independent Corporation The Plan Sponsor hereby expressly acknowledges,on behalf of itself and all of its eligible employees and their eligible dependents, its understanding that this Administrative Service Contract constitutes a Contract solely between the Plan Sponsor and the Claims Administrator,that the Claims Administrator is an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the"Association")permitting the Claims Administrator to use the Blue Cross Service Mark in the States of Washington and Alaska,and that the Claims Administrator is not contracting as the agent of the Association The Plan Sponsor further acknowledges and agrees that it has not entered into this Administrative Service Contract based upon representations by any person other than the Claims Administrator,and that no person,entity or organization other than the Claims Administrator shall be held accountable or liable to the Plan Sponsor for any of the Claims Administrator's obligations to the Plan Sponsor created under this Administrative Service Contract This provision shall not create any additional obligations whatsoever on the Claims Administrator's part other than those obligations created under other provisions of this Administrative Service Contract 1104 Notice 7486T I ATTACHMENT B REPORTPNG The following reports will be pro�tded to the Plan Sponsor utthm the fees set forth in Attachment C Report Title Frequencv Weekly Claims Recap W eekly Detail Claim Runs Monthly Premium/Claims Report Monthly Large Claims Analysis Yearly PLAN SPONSOR: City of Kent PLAN NUMBER: 17620,22066, 13596-99, 13597,-01,17884 PLAN DOCUMENT EFFECTI1,E DATE January 1,2003 ATTACHMENT A CENSUS INFORMATION Administration Fees,effective January 1,2003,are based on the following Number of Active and Retired Enrollees Employee Spouse Children Medica6'Rx 825 557 889 Dental 966 575 930 Vision 868 575 929 Number of COBRA Enrollees. Employee Spouse Children MedicaURx 9 5 5 Dental 9 5 5 Vision 9 5 5 Other Carriers Offered: Group Health Cooperative PLAN SPONSOR City of Kent PLAN NUMBER* 17620,22066,13596-99, 13597,-01,17884 PLAN DOCUMENT EFFECTIVE DATE, January 1,2003 ATTACHMENT D RIGHT OF CONVERSION FOR TERMINATED PLAN PARTICIPANTS AND THEIR DEPENDENTS The Plan Sponsor requests that the Claims Administrator provide a conversion privilege to terminated Plan Participants and their dependents in consideration of the following Responsibilities of the Claims Administrator The Claims Administrator shall make available to Plan Participants and their dependents an opportunity to obtain health care coverage(hereinafter referred to as Conversion Contract)when they are no longer eligible for coverage under the Plan due to • Termination of employment • Termination of benefits for the class in which the Plan Participant or dependent belongs • A covered dependent's attainment of the limning age • A covered spouse's legal separation or divorce • Death of a covered employee The Claims Administrator shall not be required to issue a Conversion Contract if the Plan Participant or dependent becomes covered under a group health insurance policy within 31 days after termination of his or her coverage under the Plan Application and payment of the applicable rate for the Conversion Contract must be made by the Plan Participant or dependent within 31 days after such individual's conversion privilege of its group health coverage contracts Rates for the Conversion Contract shall be determined by the Claims Administrator and be the same as those then in effect for coverage offered under the standard conversion privilege of its group health coverage contracts Rates will not be guaranteed and the Claims Administrator will have the right to change the rate of any Conversion Contract Compensation The Plan Sponsor shall pay the Claims Administrator a S1,000 conversion privilege fee for each conversion contract issued to a former Plan Participant or dependent The Claims Administrator shall notify the Plan Sponsor of the conversion privilege fees owed in connection with the weekly notification of claims paid PLAN SPONSOR: City of Kent PLAN NUMBER. 17620,22066, 13596-99, 13597,-01, 17884 PLAN DOCUMENT EFFECTIVE DATE: January 1,2003 ATTACHMENT C FEES OF THE CLAIMS ADMINISTRATOR Pursuant to the Administrative Service Contract,the Group shall pay the Claims Administrator a fee,as set forth below, for administrative services A Administration Fees Composite 13596-99 $57 22 17620,-01 $57 22 22066,-01 $57 22 13597,•01 $8 07 17884 $2 49 B Other Fees Booklets $2 05 per book I D Cards $0 88 per card Prescription Drug Charge $1 40 per claim Conversion Contract Fee $1 000 per conversion C Brokerage Fees and Commission Medical $2 00 per employee per month Freestanding Dental S 36 per employee per month Freestanding Vision $ 36 per employee per month D Claims Runout Processing Fee 5 000%of runout claims processed by PBC 12 00%of runout claims processed by VSP E BlueCard Fees Tracked and billed as part of the annual accounting for the Contract Period PLAN SPONSOR: City of Kent PLAN NUMBER: 17620,22066, 13596-99,13597,-01,17884 PLAN DOCUMENT EFFECTIVE DATE: January 1,2003 ATTACHMENT F Perform a nce Go a ra ntees The follow mg represents the standard of performance in administering the CITY OF KENT health care plan Unless otherwise indicated,`plan'excludes any requests for out-of-contract pay ments All customer service measures are based upon the overall performance of Premera Blue Cross Group Operations Division and do not reflect solely the services provided solely to CITY OF KENT unless other"ise noted. Requests for service other than from member and provider claims submittals and/or phone calls to the designated Customer Service Unit will be excluded unless otherwise indicated The penalties w ill be measured on a quarterly basis unless otherwise indicated Maximum penalties are calculated on an annual basis The annual maximum of all penalties is limited to$50,000 Financial Accuracy Guaiamee 97%financial accuracy Defimuon 1-(($Overpays+$Underpays)/($Total Paid+$ Underpays- $Overpays)) Annual Penaltv $5,000 for every 5%below 97%,maximum penalty is$20,000 Measurement Independent audit using a stratified random sample method with the point estimate calculated from the sample used as the measurement of financial error Performed on an annual basis Administrative(Processing) Accuracy Guarantee 97%administrative accuracy Definition I minus(Total number claims paid correctly/Total number claims paid) Annual Penalty $2,500 for each 1%below 97% Maximum penalty is$10,000 i Measurement Independent audit using a stratified random sample method with the point estimate calculated from the sample used as the measurement of administrative error Performed on an annual basis Turnaround Time Guarantee 80%of all claims are paid or processed within 14 calendar days Definition Number of days from the date of receipt of the claim to the date of final processing For out-of-contract claim payment requests, the date is measured from the receipt of the claim request in writing on the form(Administrativ e Request Form)provided for this purpose Weekends and holidays are included in turnaround time Processing includes generating requests for additional information PLAN SPONSOR- City of Kent PLAN NUMBER 17620,22066, 13596-99, 13597,-01, 17884 PLAN DOCUMENT EFFECTIVE DATE: January 1,2003 ATTACHMENT E PLAN DOCUMENT CITY OF KENT (Plan Sponsor) The employee benefit programs set forth in the Plan Document are available to certain eligible individuals as defined within the benefits programs All benefits of this Plan Document are subject to the terms and conditions stated herein and included or issued thereafter Premera Blue Cross has been selected by City of Kent to administer the benefits of this Plan Document Premera Blue Cross is not the underwriter of this Plan Document City of Kent is solely and totally responsible for funding benefits under the benefit programs,compliance with all applicable laws and regulations affecting the benefit programs,and fiduciary liability for the benefit programs If,for any reason,the Administrative Service Contract between Premera Blue Cross and City of Kent terminates, Premera Blue Cross shall be relieved of its administrative duties under this Plan Document,except as otherwise provided in the Administrative Service Contract This Plan Document attaches to and becomes a part of the Administrative Service Contract effective January 1,2003 PLAN SPONSOR. City of Kent PLAN NUMBER: 17620,22066,13596-99, 13597,-01,17884 PLAN DOCUMENT EFFECTIVE DATE: January 1,2003 Annual Penalq For every I%below the target for I and 2 above,Premera Blue Cross mill reduce its service fee by$2,500,up to a maximum of$10,000 for both categories combined Measurement Premera Blue Cross automated reports PLAN SPONSOR- Gtv of Kent PLAN NUMBER: 17620,22066, 13596-99,13597,-01, 17884 PLAN DOCUMENT EFFECTIVE DATE January 1,2003 Annual Penalty $2,500 for each 1 0%below the 80%target Maximum penalty is S10,000 Measurement Premera's automated report showing CITY OF KENT's unit's results or using an independent audit Performed on a quarterly basis Satisfaction with Claim Processing Guarantee 85%of respondents to a survey of CITY OF KENT claimants will be satisfied or very satisfied with claim processing All CITY OF KENT employees w ill be included in the survey Definition CITY OF KENT employees have overall satisfaction with claim processing based on a random survey Annual Penalty $10,000 at risk if over 15%or more CITY OF KENT employees are dissatisfied Performed in October 2001 for year 2001 and every twelve months thereafter Measurement CITY OF KENT survey which is reviewed and approved in advance by Premera Blue Cross Survey to be distributed by CITY OF KENT and results to be compiled by Broker/Consultant At least 50%of participating employees must respond to the survey before the performance is measured Account Management Guarantee Premera Blue Cross will guarantee superior account management Seri ices Definition CITY OF KENT management will be informed in advance of all key changes affecting the program,with sufficient lead time to allow for review and approsal if necessary Information regarding the administration of the program shall be communicated through all appropriate areas of Premera Blue Cross consistently,accurately,and on a timely basis Communication shall be completed within 30 days of our receipt of written notification of changes from CITY OF KENT Annual Penalty Fees reduced by $2,500 for each time one of the above is not met,up to a maximum of$10,000 for both categories Membership Services Phone Accessibility Guarantee Premera Blue Cross will guarantee Membership Services phone accessibility during regular business hours to CITY OF KENT plan members Definitions Phone accessibility will meet the following minimum standards I Satisfactory speed of answer all phone calls into local membership services'units will be answered within 45 seconds on average 2 Satisfactory abandoned call rate Less than 5% in aggregate PLAN SPONSOR. City of Kent PLAN NUMBER: 17620,22066, 13596-99,13597,-01,17884 PLAN DOCUMENT EFFECTIVE DATE- January 1,2003 Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: FORTIS LONG TERM DISABILITY CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Fortis long-term disability contract beginning July 1, 2003, subject to approval of the City Attorney, and authorize the Mayor to execute the binder check in the amount of$15,000 and to make subsequent disbursements consistent with the 2003 budget. The City requested and received four quotes from providers of long-term disability coverage, UNUM, CIGNA, Standard and Fortis. By changing long-term disability carver to Fortis Benefits Insurance Company for the AFSCME, Teamster and Non- Represented employees begpning July 1, 2003 the City will save approximately $7,000 per month 3. EXHIBITS: Comparison sheet 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 6J OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 KE O T Fax 253-856-6700 W A 5 N 1 N O T O N Address 220 Fourth Avenue S Kent, WA 98032.5895 DATE: June 3, 2003 TO: Kent City Council Operations Committee FROM: Becky Fowler, Employee Services Manager THROUGH- Sue Viseth, Employee Services Director SUBJECT: Fortis Long Term Disability Application SUMMARY: To change long-term disability carriers to Fortis Benefits Insurance Company beginning July 1, 2003 for the AFSCME, Teamster and Non-Represented employee's by going to Fortis this contract will save the City approximately 57,000 00 per month BUDGET IMPACT None (Approximate cost savings in 2003 is $40,000 ) MOTION I move to recommend council authorize the Mayor to sign the Fortis long-term disability contract beginning July 1, 2003 sub3ect to appro�al of the City Attorney and authorize the mayor to execute the binder check in the amount of 515,000 and to make subsequent disbursements consistent with the 2003 budget BACKGROUND: The City currently contracts v ith UNUM Life Insurance Company of America for the long-term disability coverage provided to the AFSCME, Teamster and Non- Represented employees The City requested and received four quotes from providers of long- term disability coverage, UNUM, CIGNA, Standard and Fortis. At the Health Care Committee the affected unions and City reviewed the four quotes for plan consistency with our existing long-term disability plan Fortis most closely resembled our current plan with UNUM Attached for your review is the companson sheet for each provider Kent Council Operations Conintittee 1 Fortis Long-Term Disability Contract June 3,2003 L C Q L N p C O ... 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E `o m `m ; o a m w 3 m ami Z = a m9 g N y � Q `c � o � d � 3mo E3my 0 m E o = C u p m y y E W > > VLm' Qr QSa � 3aEiEomQN � m >,dmcNoa oE � � � � vamo Qa aaEi >. `m } n m M m L m y T E N m ❑ = C, m > o m U ° U _o m a u E m u r w m 10 a i. Group Insurance Preliminary Application .. - FORT Solid partners flewble soNbor s'" Policy no (New Issue/Amendment) 1 Exact legal name of applicant (Explain if different from deposit check) Employer Tax ID no City of Kent 91-6101254 2 Full address (main office) Note If PO Box is used, also include street address Phone no Address 220 4th Ave S I � -z 5y(- )2y, City Kent County King Fax no State WA ZIP 9802 - -5 3. '1 1,e rcZ-F0 3 Applicant is* ❑Corporation ❑Partnership ❑Proprietorship ❑Sub-Chapter S Corp ❑Prof Corp or Assn ❑Trustee(s) ❑Association ❑Union(submit by-laws,trust agreements, board minutes,etc ) ❑Government Funded Non-Profit Organization ❑Non-Profit Organization X-1 Political Subdivision ❑Limited Liability Company ❑Limited Liability Partnership ❑Limited Partnership 4 Nature of business (Give details of service or product, manufacturing process, materials used and any hazards) SIC code municipal employer 5 Indicate affiliates or subsidiaries to be covered, if any Nature of Nature of SIC Name Location Relationship Business Code 6 Coverages applied for Tailored Plans O Life ❑AD&D ED ACLI ❑STD R LTD ❑Dental ❑Flex LTD D Other Small Group Trust Plans ❑Life ❑AD&D ❑STD ❑LTD ❑Dental Voluntary Plans ❑Voluntary Life ❑Voluntary LTD ❑Voluntary Dental ❑Voluntary STD 7 Requested effective date of insurance M i G 8 Waiting period or service requirement (applies to all coverages unless otherwise stated). Current employees 0 months Future employees 0 months 9 Entry date after becoming eligible (applies to all coverages unless otherwise stated) X Immediate ❑First of the month occurring on or after ❑Other NOTICE TO APPLICANTS A $ has been paid to be applied toward the first premium due for the coverage(s) elected by the applicant COVERAGE IS NOT EFFECTIVE UNTIL THIS APPLICATION IS APPROVED AND ACCEPTED BY THE GROUP INSURANCE HEADQUARTERS OF FORTIS BENEFITS LOCATED IN KANSAS CITY, MISSOURI B The applicant certifies that all information provided is correct and is bound by the terms and conditions of the group policies C Fortis Benefits will apportion experience refunds, if any, in accordance with its formula for calculating such refunds D Tailored Plans The group policy will be issued to the applicant, if approved A final application will be executed when the policy is delivered E Small Group or Voluntary Trust Plans This application is to participate in the Trust which holds the small group or voluntary plan group policies F ERISA-The coverage applied for provides benefits for the employee welfare benefit plan established and main- tained by the employer under the Employee Retirement Income Security Act(ERISA), unless otherwise exempted by law The employer is the Plan Administrator unless otherwise noted G Coverage will automatically terminate if the premiums are not paid before the end of the grace period following the due date Payment of premiums for coverage provided during the grace period is required H All insurance coverage may be terminated if the number or percentage of participants falls below that required by the policy No one except the President, Vice President, Secretary or Chief Financial Officer of Forts Benefits can make, alter or discharge contracts or waive any of Fortis Benefits' rights or requirements Fortis Benefits Insurance Company 2323 Grand Boulevard Kansas City Missouri 64108-2670 Telephone(816)474-2345 Form 1(12198) E ( � / § E ) # © E § \ E « ) ƒ }f § 2J£ £ 2 §k ) > > CD \§ } ( \ LO { EE E C%l � / @ § ; ( 2 � � \ � /A 3fJ7 } E E 0 ) § (2 §k \\ . t2 �\ k ( © ( (f \ 7 � \\\ \ /\\M 0Ci $ ! \ [ m 3 ; §2 ! %}J | § [ j { j { G � k \ \ ) tea 7 ) ! o r 17 Separate accounts ❑Yes N No If"Yes,"please give details Include name and address (Each account must have a minimum of 10 employees) 18 Are any eligible employees located outside the United States? ❑Yes :C No If"Yes,'give name(s)of employee(s), locatlon(s), and country(ies)of citizenship Also advise how long the individual(s) will be located outside the U S 19 Experience refunds (applies to all coverages, unless otherwise stated in Remarks) a Standard 100% pooling ❑Special single case experience refund 20 A Do you currently have any group insurance coverage in force? 50 Yes ONO If"Yes,"wilt you be terminating such coverage(s)as of the effective date of the Forts Benefits coverage(if approved)? 2 Yes ❑No If"Yes,"are you requesting transfer treatment? 12 Yes (Please provide a copy of your 1n force contract) (For dental transfer, we will need the prior carrier bill) ❑No (Please explain why) B Are you currently making application for other group insurance programs? ❑Yes ENO If"Yes," please explain 21 Remarks (identify by number) 22 ❑I certify that all employees are actively at work at their usual place of business today 3 There are employees who are not actively at work at the usual place of business today (Please complete the following) Name ) Date Last Worked Expected Date Return to Work Reason for Absence n 1/ t ZY ✓j K�..�..,1 Applicant's signature Print name c3LLF Vlic-Ttl Title- rn�)CUe! Se-/✓cE� !fit fr c irr Date 5 2-5- o-� MUST BE AUTHORIZED REPRESENTATIVE OF POLICYHOLDER (If application/s signed after the effective date, a No Claims letter must be attached) Fortis Benefits representative Date Rep Code (Please note 1n Remarks/f there/s more than one rep) Sales Office Producer information 1 Individual or firm (legal name) R. L. Evans Co. 2 Individual or firm (legal name) Writing agent of firm Dougtag T._ Fvnng Writing agent of firm Address 600 Stewart St. Suite 1210 Address City/State/ZIP_Saat*Ta, WA Q8101 City/State/ZIP Phone no 206-448-7878 Fax no 206-449-1599 Phone no Fax no Payee no r'� Production Split 1 nn % Payee no Production Split % License 11q License no Producer Producer signature cam- Date signature Date Commissions payable to Q F1rm,or ❑Individual Commissions payable to ❑Firm,or ❑Individual Commissions payable by ❑Assignment Commissions payable by []Assignment ❑Direction Method ❑Direction Method New Producers Please attach a copy of your current state insurance license and signed producer contract NOTE On Florida and California cases,Agents/Broker must note his/her license number for contract state Fo.m 1 (12/98) KC2933(1111999) 10 Contributions (applies to all coverages unless otherwise stated below—specifically note for DLI and Dental) Total number of employees Full time Part time Total number of participating employees Full time Part time 51 Non-contributory(Employer pays 100%) ❑Contributory(Employee pays %of cost or 5 ) Is participation in the Fortis coverage(s) mandatory? E.�Yes ❑No Is a Section 125 Plan in force? ❑Yes IRNo Is the Fortis coverage(s)contained in the Section 125 plan? ❑Yes ®No If"Yes,"please attach Section 125 supplement If"Yes,"contributions are ❑Post-tax ❑Pre-tax ❑Post-or Pre-tax at individual election If contributions are paid post-tax, please state the post-tax percentage of premium Comments 11 Employee Assistance Program (If elected, EAP form should be completed) ❑National Phone ❑Local Phone ❑In Person Assessment ❑Short Term Counseling 12 Administration—Certificate face pages, billing, beneficiary changes to be prepared by A 3 Fortis Benefits Home Office Prepare bills by O Individual lists,or %Summary t7 Policyholder ' Initial bills to be prepared ❑Policyholder ❑Fortis Benefits Home Office ❑Third Party Administrator(TPA must be approved by Nome Office before submitting case and Appointment of Administrator form must be sent in) Administrative Allowance is % `Any special Administrative instructions, and the correspondent's name and address are given below B ❑Special administrative or certificate instructions apply 1XSummary Plan Description (SPD) (Attach SPD Supplement if required) C Mailing Instructions Administrative Kit 0 Broker ®Policyholder ❑Sales Office Booklet I Certificates d Broker 5�Policyholder ❑Sales Office Contract ®Broker ❑Policyholder ❑Sales Office Initial Bill ID Broker M Policyholder ❑Sales Office 13 Correspondent A Name&title ❑Mr I%Ms Rorlcy Fnv1 Pr ❑Correspondent is not an employee of the employer Explain and give name and address ('Appointment of Correspondent Under Group Pohcy"form must accompany submision) B Renewal letters to be sent to ❑Same as above, with copy to broker 5�Broker,for delivery to client ❑Other(Provide name, title and address) ❑Mr ❑Ms 14 Premium mode: 1�Monthly ❑Quarterly ❑Semi-Annually ❑Annually Additional available options for voluntary coverages ❑Biweekly ❑Semi-monthly ❑Weekly 15 For groups of 450 or more Ivies, please list the locations by state and the number of employees employed in each state below (A breakdown by state is only needed if there are 50 or more employees in anyone given state) 16 Indicate contract issue state if not the state where the applicant's main office is located and an explanation of locations Forth 1(12/98) 4 Plan Number A 3-digit number should be assigned to each welfare plan sequentially, beginning with 501 An employer should not assign a 3-digit number previously assigned to any other plan (e g, if 505 was previously assigned to a pension plan by the plan sponsor, do not assign 505 to a welfare plan) The number is prefaced by PN 501 5 Effective Date This date should be the month, day and year the plan became effective, or the date it was last amended 6/1/03 6 Who is Eligible This information will be gathered from the coverage as written by Fortis Benefits Insurance Company/First Fortis Life Insurance Company 7 Plan Administrator Name of the Plan Administrator The address and phone number should be included if it differs from that of the Plan Sponsor Fortis Benefits Insurance Company is not the Plan AdministratonFirst Fortis Life Insurance Company 8 Agent for Service of Legal Process This person may be the same as the Plan Administrator The address and phone number should be included if it differs from that of the Plan Administrator 9 Plan Records This date should be the day before the Policy Anniversary, showing month and day For example, if the Policy Anniversary is each May 1, this date would be April 30 May 31 10 Cost of Benefits If the plan is non-contributory, this would state The premiums for this insurance plan are paid for entirely by the Plan Sponsor If the plan is contributory, it would state The premiums for this insur- ance plan are paid for by contributions from both you and the Plan Sponsor The Plan Sponsor pays 100 11 Union Agreement This information should be included only if the plan 1s the result of a union agreement and include the names of the parties to the collective bargaining agreement Page 2 of 5 KC2923(1212001)1 Summary Plan Description Supplement F O RT IS Solid pa tne,s flexible so4rions' Policy no Fortis Benefits Insurance Company/First Fortis Life Insurance Company is willing to help our policyholders pre- pare a Summary Plan Description This material will be printed with the certificate To the best of our knowledge, this document will satisfy ERISA The employer is responsible for preparing, amending and fling the Summary Plan Description By printing this material, Fortis Benefits Insurance Company/First Fortis Life Insurance Com- pany does not assume these responsibilities Standard language for this document appears on pages 3 and 4 of this form To assure prompt preparation of this document, the information below must be completed and submitted with your Application Your signature below indicates your request for compilation of this material I request Fortis Benefits Insurance Company/First Fortis Life Insurance Company to print our Summary Plan Description and include the information below d3 / SIGNATURE —� GENERAL ADMINISTRATIVE PROVISIONS 1 Name of the plan Official name of the plan If the official plan name differs from the name by which the plan is commonly known by its participants, include both names City of Kent 2 Plan Sponsor Name, address and phone number of the employer, union or association which sponsors tho plan If the plan sponsor is a Trust, the complete name of the Trust must be given here along with a list of Trustees showing name, title and principal business address of each trustee City of Kent 220 4th Ave S Kent, WA 98032 3 Employer I D Number Prefaced with EIN, this is a number assigned to the Plan Sponsor by the Internal Revenue Service In the case of a controlled group of employers, the number of the parent or most significant employer should be used 91-6101254 Fortis Benefits Insurance Company 2323 Grand Boulevard Kansas City Missouri 64108-2670 Page 1 of 5 First Forts Life Insurance Company 308 Wince Street Suite 200 Syracuse New York 13204-1420 XC2923(122D01)) STATEMENT OF ERISA RIGHTS As a participant in this Plan,you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 ERISA provides that all plan participants shall be entitled to 1 Examine,without charge at the plan administrator's office and at other locations such as worksites and union halls,all plan documents including insurance contracts,collective bargaining agreements and copies of all documents which the plan filed with the U S Depart- ment of Labor, such as annual reports and plan descriptions 2 Obtain copies of all plan documents and other plan information upon written request to the plan administrator The administrator may make a reasonable charge for the copies 3 Receive a summary of the plan's annual financial report In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan The people who operate your plan,called fiduciaries of the plan,have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries No one, including your employer,your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rghts under ERISA If your claim for welfare benefits is denied in whole or in part, you must receive a written explanation of the reason for the denial You have the right to have the plan review and reconsider your claim Under ERISA,there are steps you can take to enforce the above rights For instance,if you request certain materials from the plan and not receive them within 30 days, you may file suit in federal court In such a case,the court may require the plan administrator to provide the materials and pay you up to$110 a day until you receive the materials unless the materials were not sent because of reasons beyond the control of the administrator If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court If it should happen that plan fiduciaries misuse the plan s money,or if you are discriminated against for asserting your rights, you may seek assistance from the U S Department of Labor,or you may file suit in a federal court The court may decce who should pay court costs and legal fees If you have any questions about this statement or about your rights under ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration U S Department of Labor, listed in your telephone directory, or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U S Department of Labor,200 Constitution Avenue N W , Washington, D C 20210 CLAIMS PROCEDURE The following procedures apply to the extent benefits under your employee benefit plan are insured under a contract issued by Fortis Benefits Insurance Company/First Fortis Life Insurance Company PRESENTING A CLAIM Contact your Plan Administrator, who will advise you of any forms which are required These forms should be returned to the Plan Administrator after completion This Administrator will review them, complete any information concerning eligibility and forward them to Fortis Benefits Insurance Company/First Fortis Life Insurance Company Time limits for filing the claim and other requirements for notice and proof of loss may be found under the heading, Filing A Claim NOTIFICATION OF DECISION—LIFE,DENTAL A decision will be made within 90 working days after receipt by Fortis Benefits Insurance Company)Firsl Fonis Life Insurance Company of a properly executed,complete proof of loss Complete proof of loss includes any investigation by Fortis Benefits Insurance Company! First Fortis Life Insurance Company necessary to determine its liability under the Group Policy If the claim is denied in whole or in part, Fortis Benefits Insurance Company/First Fortis Life Insurance Company will provide written notice either directly to you or to the Plan Administrator for delivery to you The written notice will contain 1 The specific reason or reasons for the denials, 2 Specific reference to pertinent provisions of the policy upon which the decision is based, 3 A description of any additional material or information needed to perfect the claim and an explanation of why it is necessary, 4 An explanation of the plan s claim review procedure NOTIFICATION OF DECISION—DISABILITY A decision will be made within 45 working days after receipt by Fortis Benefits Insurance Company/First Fortis Life Insurance Company of a properly executed, complete proof of loss unless circumstances beyond the control of the Plan require an extension of time for processing the claim Such an extension of time may not exceed 30 additional days unless circumstances beyond the control of the Plan require a second extension, not to exceed an additional 30 days Complete proof of loss includes any investigation by Fortis Benefits Insurance Company/First Fortis Life Insurance Company necessary to determine its liability under the Group Policy If the claim is denied in whole or in part, Forts Benefits Insurance Company/First Fortis Life Insurance Company will provide written notice either directly to your or to the Plan Administrator for delivery to you The written notice will contain 1 The specific reason or reasons for the denials, 2 Specific reference to pertinent provisions of the policy upon which the decision is based 3 A description of any additional material or information needed to perfect the claim and an explanation of why it is necessary, 4 An explanation of the plan's claim review procedure Page 5 of 5 KC2923 t1212001)1 The following text is the standard language which will be used for your Summary Plan Description Parentheses indicate Individualized Information to be inserted Numbers correlate to Instructions on the application page This Summary Plan Description is Issued to you in compliance with the Employee Retirement Income Security Act of 1974(ERISA) Included with this document is your Certificate of Insurance, issued by Fortis Benefits Insurance CompanylFirst Fortis Life Insurance Company in compliance with state law Your Summary Plan Description does not replace or modify the Master Policy Issued by Fortis Benefits Insurance Company/First Fortis Life Insurance Company in any way The Master Policy is the contract which sets forth the terms and conditions of the benefits the Plan Sponsor chose to provide in its welfare benefit plan The Master Policy may be amended at anytime by agreement between the Plan Sponsor and Fortis Benefits Insurance Company/First Fortis Life Insurance Company The Master Policy may be terminated by Fortis Benefits Insurance Company/First Fortis Life Insurance Company for non- payment of premium or for failure to meet the Master Policy s minimum participation requirements The Plan Administrator has the obligation to prepare, issue,amend and file the Summary Plan Description and is solely responsible for its contents GENERAL ADMINISTRATIVE PROVISIONS (1 ) Name of the Plan• (A B C Company) (2) Plan Sponsor: (A B C Company 99 West 8th Street Los Angeles, CA 12334 816-912-7779) (3) Employer I D. Number: EIN #(123456) An employee welfare plan providing benefits for(Life, Accidental Death and D(smem- berment and Long Term Disability) Insurance (4) Type of Plan. An employee welfare plan providing benefits for Life Insurance Accidental Death and Dismemberment Insurance Life Insurance for Dependents Dental Insurance for Dependents (5) Plan Number PN(501) (6) Effective Date The plan, as described in this SPD, became effective on(January 1, 1990) (7) Who is Eligible (Those employed on the effective date of the Plan—Active,full-time employees working in the United States are eligible for coverage upon the completion of x months of service or the effective date of the Plan, whichever is later Those employed after the effective date of the Plan—Active,full-time employees working in the United States are eligible for coverage upon the completion of x months of service Full-time means a regular work week consisting of at least x hours of work Employ- ees working less than x hours and any temporary or seasonal employees are exclu- ded) (8) Plan Administrator (Homer A Jones 92 West 8th Street Los Angeles, CA 12334 816-998-9999) (9) Type of Administration This plan is insured by a contract with Fortis Benefits Insurance Company/First Fortis Life Insurance Company (10) Amendment or Termination of Plan This plan may be amended or terminated at any time by the Plan Sponsor (11 ) Agent for Service of Legal Process (Homer A Jones) (12) Plan Records The fiscal records for the plan are kept on a policy year basis ending each (Decem- ber 31) (13) Cost of Benefits, (The premiums for this insurance plan are paid for entirely by the Plan Sponsor) (14) Union Agreement (The provisions of the plan agree with the terms of a collective bargaining agree- ment between the A B C Company and Local#88 of United Garment Workers) Your plan includes (Life,Accidental Death and Dismemberment and Long Term Disability)Insurance Your benefits are described in the le Certificate section of this document Page 3 of 5 KC2923(1212001)1 Tailored Long Term Disability Supplement Eligibility The following class of active employees, employed in the United States, will be eligible (except any such person employed on a temporary or seasonal basis) ( ) Each active, full-time employee Indicate regularly scheduled work week hours for hourly employees ( ) Each active, full-time Salaried employee, excluding all hourly employees (X) Other (ex White collar only, management only, non union, etc) see below Definition of full-time ( ) 30 hours ( x) Other see below Earnings definitions (X) Standard (Basic pay 40-hour week, plus prior calendar year commissions where applicable, average monthly prior calendar year draw for proprietors, ordinary income Schedule K-1 for partners, prior calendar year's draw of salary for principals of a Sub-Chapter S Corporation, Professional Corporation or Association) ( ) Other (explain) Class or Salary Change Date Immediate X Policy Anniversary 1"of Month Other (Explain) Please describe class definition and additional remarks Description of Eligible Classes All employees of Division 001 who are regular part-time or regular full-time and work at least 21 hours per week and employees in a lob-share position working at least 20 hours per week, excluding Uniformed Officers, Firefighters , and Assistant Fire Chiefs Note Uniformed Officers are defined as Officers and Sergeants or 'Police Officers' and Captains and Lieutenants or 'Police Admin' !Fortis Benefits Insurance Company 1512 Plaza 600 Budding Seattle,WA 98101 AUTHORITY Fortis Benefits Insurance Company/First Fortis Life Insurance Company has the sole discretionary authority to determine eligibility for participation or benefits and to Interpret the terms of the Policy All determinations and interpretations made by Fortis Benefits Insurance Company/First Fortis Life Insurance Company are conclusive and binding on all parties REVIEW PROCEDURE—LIFE You are entitled to a full and fair review of denial of claim You may make a request to the Plan Administrator or appropriate named fiduciary, if other than the Plan Administrator The procedure is as follows 1 The request for review must be in writing and made within 60 days of receipt of written notice of denial, 2 You have the right to review, upon request and free of charge, copies of all documents, records,and other information relevant to your claim for benefits, and you may submit written comments,documents,records and other information relating to your claim for benefits, 3 The Plan Administrator will forward the request to Fortis Benefits Insurance Company/First Fortis Life Insurance Company, 4 Fortis Benefits Insurance Company/First Forts Life Insurance Company will make a decision upon review within 60 days afef receipt of the request unless special circumstances require an extension of time for processing in which case the time limit shall be not later than 120 days after receipt The decision or review will be in writing, include the specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based and be furnished either directly to you or to the Plan Administrator for delivery to you REVIEW PROCEDURE—DISABILITY You are entitled to a full and fair review of denial of claim You may make a request to the Plan Administrator or appropriate named fiduciary, if other than the Plan Administrator The procedure is as follows 1 The request for review must be in writing and made within 180 days of receipt of written notice of denial, 2 You have the right to review, upon request and free of charge, copies of all documents, records,and other information relevant to your claim for benefits You have the nght to review copies of any internal rule,guideline, protocol or other similar criterion that was relied upon in making our decision to deny your claim You have the right to submit issues and comments in writing, along with additional documents, records, and other information relating to your claim, 3 The Plan Administrator will forward the request to Fortis Benefits Insurance Company/First Fortis Life Insurance Company, 4 Fortis Benefits Insurance Company/First Fortis Life Insurance Company will make a decision upon review within 60 days after receipt of the request unless special circumstances require an extension of time for processing in which case the time limit shall be not later than 120 days after receipt The decision or review will be in writing, include the specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based and be furnished either directly to you or to the Plan Administrator for delivery to you REVIEW PROCEDURE—DENTAL You are entitled to a full and fair review of denial of claim You may make a request to the Plan Administrator or appropriate named fiduciary, if other than the Plan Administrator The procedure is as follows 1 The request for review must be in writing and made within 60 days of receipt of written notice of denial, 2 You may review pertinent documents and submit issues and comments 1n writing, 3 The Plan Administrator will forward the request to Fortis Benefits Insurance Company/First Fortis Life Insurance Company, 4 Fortis Benefits Insurance Company/First Fortis Life Insurance Company will make a decision upon review within 60 days after receipt of the request unless special circumstances require an extension of time for processing in which case the time limit shall be not later than 120 days after receipt The decision or review will be in writing, include the specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based and be furnished either directly to you or to the Plan Administrator for delivery to you Page 5 of 5 KC2923(122001)1 Policyholder Agreement for Certificates/SPDs '' FORT IS in Electronic Format 7!� Solid partners flexible solve ors' OHEREAS, Fortis Benefits Insurance Company("Fortis") issued Group Policy no ("Policy")to _ CitY of Kent i ("Policyholdel providing insurance coverage for the Policyholder's eligible employees, and WHEREAS, the Policyholder has requested that Fortis provide a copy of the certificate booklet andlor summary plan description (the "Data") to the Policyholder in an electronic format for use in disseminating information regarding insurance coverage to its employees, and NOW, THEREFORE, for and in consideration of the foregoing, the Policyholder hereby acknowledges and agrees to the following 1 Use Restrictions Use of the electronic file by the Policyholder is limited in scope to internal business use and consistent with the above-described purpose, and for no other purpose 2 Transfer Restrictions. The Policyholder may not release or otherwise transfer any Data to a third party, other than the Policyholder's employees, without Fortis' prior written consent 3 Security. The Policyholder may not alter, modify or otherwise change the Data without the prior written consent of Fortis and will ensure that adequate security is in place to similarly prevent its employees from altering, modifying or otherwise changing the Data in any way from that contained on the electronic file provided by Fortis 4 Master Policy. All claims for insurance benefits under the Policy will be subject to and governed by the terms set forth in the Master Policy executed and on file with Fortis 5 Accurate Copy The Policyholder and Fortis agree that the electronic file that will be provided is a true and accurate copy of the Data 06 Distribution. The Policyholder acknowledges that the Data is being provided by Fortis to the Policyholder in accordance with applicable law and agrees that the Data will be distributed to each employee covered under the policy Policyholder L/d � 8 G XQ�L f Signature A,k � Date la-i 1,23 Title L cryJGG J2 r7/!ce, E-mail address of Policyholder contact 0 Fortis Benefits Insurance Company 2323 Grand Boulevard Kansas City Missouri 64108-2670 KC3943A(1012000)E , Stand Alone LTD Supplemental Questionnaire ,��,.. FORTIS ,f,�• Solid partners,flexible soiulions@ City of Kent POLICYHOLDER NAME GROUP POLICY NUMBER In order to assist us in managing your disability program, we ask that you provide information about other employee salary replacement programs If you have any questions on how to complete this form, please contact your broker or your Fortis Benefits group sales representative Do you provide salary continuance or any kind of income replacement plan (formal or informal)other than the Long Term Disability plan proposed by Fortis Benefits? ® Yes ❑ No If Yes," please continue If"No,"please disregard the following questions 1 Who is covered by this other plan? [0 All employees ❑ Salaried employees only ❑ Management and/or supervisory type employees only ❑ Other or varies by employee category (Please explain) I 2 Which of the following best describes the other income replacement plan? ❑ Insured short term disability ❑ Self-funded short term disability ® Formal sick leave or salary continuance ® Other (Please explain) shared leave 3 With regard to the plan noted in number 2, please complete the following or attach a copy of the plan description Percentage of pay replaced Waiting period before benefits are paid see attached Duration of benefits 4 If the answer in number 2 was other than an insured Short Term Disability plan, who determines that benefits are payable? ❑ A Third Party Administrator makes claims decisions ❑ A doctor's statement provided by the employee �X An internal review committee or process ❑ Other (Please explain) Completed by � 7 �^ -- cPOLfCY H2O LDCER R_LEFREE EN AVE TITTLGE9_VILG? rec7'tTr S/o�`��L DAT FORTIS BENEFITS SALES REPRESENTATIVE DATE Fortis Benefits Insurance Company 2323 Grand Boulevard Kansas City Missouri 6410E-2670 Page i of 1 Form 57 f5l2001) KCO284 1612001)E Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: 2004 WESTERN STATES ARTS FEDERATION GRANTS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the two Western States Arts Federation (WESTAF)'grants totaling $3,500.00 and amend the Kent Arts Commission budget. WESTAF awarded the Kent Arts Commission two "Tour West' grants for the presentation of tounng performances and educational activities in the 2004 season. $1,000.00 was awarded to present an evening of chamber music by the Chvatal Kritzer Duo and $2,500.00 was awarded to present legendary gospel singers, The Blind Boys of Alabama 3. EXHIBITS: Contracts 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6, EXPENDITURE REQUIRED: Revenue of$3,500.00 SOURCE OF FUNDS: Western States Arts Federation (WESTAF) 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6K WM �mi�3U0 Gcrnei 40 ox H_':._ City of Kent Arts Commission Ronda Billerbeck 220 4th Avenue South 16 30 Kent, WA 98032 ', 303 ocl 0719 Fa,303 E2-'-I' Dear Ronda Billerbeck The Western States Arts Federation (WESTAF) is pleased to inform you that a 2003/2004 TourWest grant has been awarded to City of Kent Arts Commission ;n the amount of$2500 for ti— The Eltnd Bvrz A1eIlaP•a ,ierfoin,a nce beginr.i rg c"• J3.•-M'2001 i'IraSe •ote, each award is contingent upon the return of a signed copy of the enclosed contract within 30 days of the date printed on the contract Failure to return the contract in accordance with this schedule shall result in the forfeiture of the grant award, If a letter of agreement/contract was not included with your TourWest application, this grant award will not become official until you send WESTAF a copy of the fully executed, co- signed contract(s) between City of Kent Arts Commission and The Blind Boys of Alabama We must receive the contract(s) no later than 3 weeks preceding the performance If any aspects of this project have changed from what was originally outlined in your application or in the event of cancellation, you are required to notify WESTAF in writing as soon as possible Following the engagement, WESTAF will pay 100% of the TourWest award to City of Kent Arts Commission after the timely receipt of the following documents • Signed 2003/2004 TourWest Contract (enclosed) • Completed TourWest final report form (enclosed) • Current season brochure • Copy of the performance program • Copies of any other promotional material TourWest is made possible through support from the National Endowment for the Arts, the Western State Arts Federaton (VVESTAF), dno as participating siaie arts agencies Support through TourWest is contingent on available funds We appreciate your interest in WESTAF and extend our congratulations to you on this award Sincerely, Ryan Blum Director of Programs Enclosures Compliance is mandatory with all requirements, paperwork, and related timelines as described herein, failure to do so mayieooardize current and/or future fundmo from WESTAF TourWest is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies Support through TourWest is contingent on available funds We the undersigned understand and will comply with the terms of this contract May 29 2003 for WESTAF Date for Presenter Date Name and title (typed) Address City, State Zip Phone/Fax/E-mail Please return both pages to. WESTAF 1743 Wazee St, Suite 300 Denver, CO 80202 Phone_ 3031629-1 1 6 6 Fax; 303/629-9717 E-mail. ryan.blum0westaf.org May 29, 2003 2003-2004 TourWest Contract Presenter: City of Kent Arts Commission Artist/Company. The Blind Boys of Alabama Engagement Dates* 03/05/2004 - 03/05/2004 Number of Outreach Activities: 1 Number of Public Performances 1 TourWest Award Amount: $2500 Artistic Fees- $11,000 The Western States Arts Federation (WESTAF) shall assign the grant award amount for the presenter listed above following the return of a signed copy of this contract within 30 days of the date on the attached cover letter. Failure to return a signed copy of this contract in accordance with the schedule shall result in the forfeiture of the grant award WESTAF shall pay the presenter 100% of the award amount listed above following the timely return of a completed 2003-2004 TourWest Final Report within 60 days following the engagement and these items a copy of the performance program, a current season brochure, published press releases, feature stones, and/or reviews. If any dates,fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF within 30 days of the change NOTE Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract All TourWest supported engagements must include at least (1) public performance A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e g. not primarily school-aged children during regular school hours ) All information and conditions contained in the 2003-2004 TourWest guidelines are incorporated herein By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U S C 2000d et seq ), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U S C 12101- 12213), the Age Discrimination Act of 1975 (42 U S.0 6101 et seq ); Title IX of the Education Amendments of 1972 (20 U S.0 1681 et seq ), and The Drug-Free Workplace Act of 1988 (41 U.S C 701 et seq And 45 C F R. pt 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes, and the applicant thereby gives assurance to immediately take any measures necessary to comply Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos Copies of both the WESTAF and NEA logos may be found on the WESTAF website Please point your browser to hftp://www westaf org. Alternately, you may request copies of these logos via regular or electronic mail by calling 303-629-1166. Acknowledgement of the Endowment and WESTAF's support can be phrased in a variety of ways—for example Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts This project received support from the Washington State Arts Commission, WESTAF, the Western States Arts Federation, and the National Endowment for the Arts May 29, 2003 2003-2004 TourWest Contract Presenter- City of Kent Arts Commission Artist/Company The Chvatal/Kritzer Duo Engagement Dates. 02/13/04 - 02/13/04 Number of Outreach Activities. 2 Number of Public Performances- 1 TourWest Award Amount $1000 Artistic Fees $2,500 The Western States Arts Federation (WESTAF) shall assign the grant award amount for the presenter listed above following the return of a signed copy of this contract within 30 days of the date on the attached cover letter. Failure to return a signed copy of this contract in accordance with the schedule shall result in the forfeiture of the grant award.WESTAF shall pay the presenter 100% of the award amount listed above following the timely return of a completed 2003-2004 TourWest Final Report within 60 days following the engagement and these items a copy of the performance program, a current season brochure, published press releases, feature stories, and/or reviews. If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF within 30 days of the change NOTE Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract All TourWest supported engagements must include at least (1) public performance A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community(e g. not primarily school-aged children during regular school hours ) All information and conditions contained in the 2003-2004 TourWest guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.0 2000d et seq ), Section 504 of the Rehabilitation Act of 1973 (29 U.S C 794)and the Americans with Disabilities Act of 1990 ("ADA") (42 U.S C 12101- 12213), the Age Discrimination Act of 1975 (42 U S.C. 6101 et seq ), Title IX of the Education Amendments of 1972 (20 U S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U S.0 701 et seq And 45 C F R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuarit to these statutes, and the applicant thereby gives assurance to immediately take any measures necessary to comply. Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos Copies of both the WESTAF and NEA logos may be found on the WESTAF website. Please point your browser to http://www westaf.org. Alternately, you may request copies of these logos via regular or electronic mad by calling 303-629-1166 Acknowledgement of the Endowment and WESTAF's support can be phrased in a variety of ways—for example. Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts This project received support from the Washington State Arts Commission, WESTAF, the Western States Arts Federation, and the National Endowment for the Arts W � TAF Celellracgf the W rs{Airll Imagnlatlen IltruflLfIl the,ArLti 1743 Wozee Sheer srne 300 City of Kent Arts Commission Denver,Colorado 80202 Ronda Bitlerbeck email m.ff@ve.m.1 org 220 4th Avenue South Tel 303 629 1)66 Kent, WA 98032 Ty 303 607 9019 Dear Ronda Billerbeck. Fax 303 629 9717 The Western States Arts Federation (WESTAF) is pleased to inform you that a 2003/2004 TourWest grant has been awarded to ON of Kent Ads Commission in the amount of $1000 fur the Tne GhvaiaiTAntzer Duo performance beginning on 02/13/04 Please note, each award is contingent upon, the return of a signed copy of the enclosed contract within 30 days of the date printed on the contract Failure to return the contract in accordance with this schedule shall result in the forfeiture of the grant award If a letter of agreement/contract was not included with your TourWest application, this grant award will not become official until you send WESTAF a copy of the fully executed, co- signed contract(s) between City of Kent Arts Commission and The Chvatal/Kritzer Duo We must receive the contract(s) no later than 3 weeks preceding the performance If any aspects of this project have changed from what was originally outlined in your application or in the event of cancellation, you are required to notify WESTAF in writing as soon as possible Following the engagement, WESTAF will pay 100% of the TourWest award to City of Kent Arts Commission after the timely receipt of the following documents. • Signed 2003/2004 TourWest Contract (enclosed) • Completed TourWestfinal report form (enclosed) • Current season brochure • Copy of the performance program • Copies of any other promotional material T4rrrWect:s n Oir- pr)ss:bl,3 through S,irpnr[from the Nafil nal -SC'QwmcrT fC•fF �rTG uFe Western State Arts Federation (WESTAF), and its participating state arcs agencies Support through TourWest is contingent on available funds. We appreciate your interest in WESTAF and extend our congratulations to you on this award Sincerely, T'y."._ Q Ryan Blum Director of Programs Enclosures Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: CULTURAL DEVELOPMENT AUTHORITY GRANT OF KING COUNTY—ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: As recommended by the Parks Committee, accept $10,080.00 in funding from the Cultural Development Authority of King County and amend the Kent Arts Commission budget. The Cultural Development Authority of King County awarded the City of Kent Arts Commission $10,080.00 in their 2003 Sustained Support program. Funding is applied to "Spotlight Series" performances, Summer Concert Series, and two Missoula Children's Theatre youth residencies. 3. EXHIBITS: Contract 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$10,080.00 SOURCE OF FUNDS: Cultural DeveloMent Authonty of King County 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L Compliance is mandatory with all requirements, paperwork,and related timelines as described • herein; failure to do so may ieooardize current and/or future funding from WESTAF. TourWest is made possible through support from the National Endowment for the Arts,the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through TourWest is contingent on available funds. We the undersigned understand and will comply with the terms of this contract. May 29, 2003 for WESTAF Date for Presenter Date Name and title (typed) Address City, State Zip Phone/Fax/E-mail Please return both pages to: WESTAF 1743 Wazee St, Suite 300 Denver, CO 80202 Phone: 303/629-1166 Fax: 303/629-9717 E-mail: ryan.blum@westaf.org Agreement No 103037 Contractor's Federal Taxpayer ID No Contractor Kent Arts Commission Project Title 2003 Programs Contract Amount $ 10,080 00 Fund Source CP -Arts Sustained Support Contract Period From 01/01/03 To 12/31/03 AGENCY SERVICES CONTRACT 2003 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY (the "CDA"), whose address is 506 Second Avenue, Ste 200, Seattle, WA 98104-2307 and telephone number is (206) 296-7580 and the Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S, Kent WA 98032-5895 and telephone number is (206) 856-5050 Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2 48 and 4 42 and RCW 67 28 180 and as hereinafter may be amended The CDA Board approved providing funds for this project by Motion No. 2003-08 The CDA desires to provide funds with which the Contractor shall render certain services to King County citizens Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistent with those defined in RCW 67 28 180 ('Public Benefit Services") The CDA is organized pursuant to King County Ordinance 14482 and RCW 35 21 730, et sec RCW 35 21 750 provides as follows "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority " The legislative authority of the CDA has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows AG SVC 03 Page I of 7 B Contractor may apply to the CDA for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract . C Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule The CDA will initiate authorization for payment after approval of corrected invoices and reports The CDA shall make payment to the Agency not more than 60 days after the appropriate invoice is received D Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the CDA will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E Accompanying the final invoice for the protect, the Contractor shall also submit 1 A protect evaluation report upon the form provided by CDA 2 If CDA requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by the CDA to publicize its funding programs Photos shall have credits, caption information, and permission to publish F If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, the CDA may withhold any payment to the Contractor until the CDA is satisfied that corrective action, as specified by the CDA, has been completed This right is in addition to and not in lieu of the CDA right to terminate this contract as provided in Section IV, any other rights of CDA under this Agreement and any other right or remedy available to CDA at law or in equity IV. TERMINATION OF AGREEMENT A If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, the CDA may terminate this Agreement and withhold the remaining allocation Prior to so terminating this Agreement, CDA shall submit written notice to the Contractor describing such default or violation The CDA shall not so terminate this Agreement if CDA determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation V MAINTENANCE OF RECORDS A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the CDA to ensure proper accounting for all contract funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement B These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law AG SVC 03 Page 3 of 7 I SCOPE OF SERVICES A The Contractor shall provide services and comply with the requirements set forth hereinafter and• in the following attached exhibits which are incorporated herein by reference ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ❑ Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K C C 12 16 060A) (In combination with Attached hereto as Exhibit D other agreements, in excess of $25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K C C 12 16 060B) Attached hereto as Exhibit E for Agreements in excess of $25,000 ❑ Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit F KCC 12.16 060D ORGANIZATIONS ONLY] B Purchase of Services Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by the CDA The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project" C In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached 0 D The Contractor agrees to acknowledge the CDA as a source of support for the Project in prominently located permanent signage utilizing the following logo cultura development authority King County Hotel/ Motel Tax Fund E The Contractor agrees to notify the CDA in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs 11. DURATION OF CONTRACT This Agreement shall commence on January 1st, 2003 and shall terminate on December 31". 2003 This Agreement, however, may be terminated earlier as provided in Section IV hereof III. COMPENSATION AND METHOD OF PAYMENT A The CDA shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $10,080 00 AG SVC 03 Page 2 of 7 B To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless the CDA its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from the CDA's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless the CDA its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects the CDA only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the CDA incurs any judgment, award and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to Xl. CONFLICT OF INTEREST Chapter 42 23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract, In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of the CDA who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of the CDA, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement The Contractor shall take all appropriate steps to assure compliance with this provision AG S VC 03 Page 5 of 7 VI AUDITS AND EVALUATIONS A The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the CDA and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof B The Contractor shall provide right of access to its facilities, including by any subcontractor to the CDA, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement The CDA will give advance notice to the Contractor in the case of fiscal audits to be conducted by the CDA C The Contractor agrees to cooperate with the CDA in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17 (Public Records Act) VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor Contractor agrees to and does hereby grant to the CDA, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement VIII. FUTURE SUPPORT CDA makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement IX. HOLD HARMLESS AND INDEMNIFICATION A In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement Neither the Contractor nor its officers, agents or employees are employees of the CDA for any purpose The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a CDA employee under state or local law The CDA assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement The Contractor shall protect, defend, indemnify and save harmless the CDA and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement The Contractor shall also defend, indemnify, and save harmless the CDA, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor AG SVC 03 Page 4 of 7 XVI, SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties CDA: CONTRACTOR: CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date AG SVC 03 Page 7 of 7 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to Title VI of the Civil Rights Act of 1964, chapter 49 60 RCW (the Washington state law against discrimination), K C C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors, K C C chapter 12 17 prohibiting discrimination in contracting, K C C chapter 12 18 requiring fair employment practices, K C C chapter and 12 22 prohibiting discrimination in places of public accommodation The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement The Contractor shall make such documents available to the CDA for inspection and copying upon request XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of the CDA at the addresses first written above Any time within which a party must take some action shall be computed from the date that the notice is received by said party XIV GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement The CDA's failure to insist upon the strict performance of any provision of MW this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application To this end, the terms and conditions of this Agreement are declared severable The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Agreement XV. ATTORNEYS'FEES; EXPENSES Contractor agrees to pay upon demand all of CDA's costs and expenses, including attorneys'fees and CDA's legal expenses, incurred in connection with the enforcement of this Agreement CDA may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement Costs and expenses include CDA's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services Contractor also shall pay all court costs and such additional fees as may be directed by the court 0 AG SVC 03 Page 6 of EXHIBIT A SCOPE OF SERVICE Kent Arts Commission and the Cultural Development Authority of King County mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the Cultural Development Authority of King County Support for 2003 Programs, including "Spotlight Series", a professional performing arts series, "Kent Kids' Arts Day", a hands-on festival for youth in March 2003, "Kent's Summer Concert Series", with 17 free outdoor concerts in July-August 2003, "Canterbury Faire", an annual arts and heritage festival in August 2003, and artist residencies by Missoula Children's Theater in March and July 2003 Events are open and publicized to the community Amount $10,080 00 For artist fees and program expenses Payable upon completion, submittal of invoice and documentation regarding• • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs will be accessible to a broad range of King County citizens PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the CDA/King County Hotel/Motel Tax Fund is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements The following graphic is recommended cultura development authority King County Hotel/ Motel Tax Fund Final payment will not be made until acknowledPment is submitted on printed material EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives,employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors For All Coverages Each insurance policy shall be written on an"Occurrence" form The Minimum Scope of Insurance needed for this contract is as follows ® Commercial General Liability Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per project 1 Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the CDA The deductible and/or self-insured retention of the policies shall not apply to the Contractor's Lability to the CDA and shall be the sole responsibility of the Contractor 2 Other Insurance Provisions A The insurance policies are to contain, or be endorsed to contain, the following provisions (a) General Liability Policies (1)The CDA, its officers, employees and agents are to be covered as primary additional insured as respects liability ansmg out of activities performed by or on behalf of the Contractor in connection with this Agreement (2)To the extent of the Contractors negligence, the Contractor's insurance coverage shall be primary insurance as respects the CDA, its officers, employees, and agents Any insurance and/or self-insurance maintained by the CDA, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way (3)The Contractors insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability (b)All Policies (1)Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract 3 Acceptability of Insurers Unless otherwise approved in writing by the CDA, insurance is to be placed with insurers with a Best's rating of no less than A VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII A Verification of Coverage Unless otherwise approved in writing by the CDA, Contractor shall furnish CDA with certificate(s)of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30) days' prior written notice to CDA Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1 SUBJECT: WAY BACK INN FOUNDATION RENTAL AGREEMENT RENEWAL—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Parks Committee, authorize the Mayor to enter into agreements with The Way Back Inn Foundation for the Campus Park House for an interim lease agreement from July 9 - August 31, 2003 and a five year lease from July 9 - August 31, 2008. The Way Back Inn Foundation is an all-volunteer non profit organization dedicated to providing temporary housing to homeless families for the purpose of making the transition from homelessness to a permanent home. Since July of 1993, the Campus Park house has been leased to The Way Back Inn Foundation. The lease was renewed in July of 1998 for a second five year term, and expires on July 9, 2003. The Campus Park home is provided rent free for up to three months to allow a family to save for first and last months rent and the deposit for an apartment. In return for the house, The Way Back Inn Foundation makes all repairs and life cycle improvements, and provides routine maintenance to the house and grounds. Staff suggests the lease be renewed for another five year term, subject to acceptance of the work items by the Way Back Inn Foundation. 3. EXHIBITS: King Conservation District memos and agreements 4. RECOMMENDED $Y: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: Potential rental value of S7504800 per month SOURCE OF FUNDS: King Conservation District Grants 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M DRA17 CITY OF KENT RENTAL AGREEMENT The CITY OF KENT, a Washington municipal corporation ("Lessor"), whose mailing address is 220 Fourth Avenue South, Kent, Washington 98032enters into this Rental Agreement with The Way Back Inn Foundation, ("Lessee") a Washington non-profit corporation, under the following terms UPON THE FOLLOWING TERMS AND CONDITIONS 1 PREMISES Lessor leases to Lessee the Residence and all appurtenances situated on the real property (the "Premises") legally described in Exhibit A, attached hereto and incorporated herein by this reference and commonly referred to Campus Park House at 9815 South 252nd Street 2 TERM This Rental Agreement shall commence on the 15` day of September, 2003 and shall terminate on the 31st day of August, 2008, unless sooner terminated under the terms of this Rental Agreement 3 USE Lessee shall use the leased premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age (tenants), and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent 4 RENT During the Term hereof, Lessee may occupy the leased premises rent free, provided, however, Lessee shall make all necessary improvements at its sole expense, as outlined in Exhibit B, provided such improvements shall be subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department, prior to the occupancy of the leased premises, and pay all costs associated with or arising out of the maintenance and operation of the leased premises as set forth herein 5 RENTAL AGREEMENT POSSESSION Lessee is currently in possession of the Premises under a prior Rental Agreement Lessee shall be deemed to have accepted possession of the leased premises in "as-is" condition Lessor has made no representations to Lessee respecting the condition of the leased premises Upon taking possession of the premises by the Lessor, either upon termination of this Agreement or upon abandonment of said premises by the Lessee, the Lessor or his Agent may remove from the premises all personal property of tenants located therein and place the same in storage at a public warehouse at the expense and risk of the owners thereof Personal property so stored shall be subject to the rules and regulations as set down by such public warehouse Disposition of any personal property shall be subject to the Residential Landlord-Tenant Act, Chapter 59 18 RCW Contracts/Rental Agreement 1 of 8 06/03/03 Way Back Inn Foundation of the Lessee The Lessee's insurance shall be primary insurance as respects the City and the City shall be given thirty (30)days prior written notice of any cancellation, suspension or material change in coverage 11 DESTRUCTION OR DAMAGE Should said dwelling be totally destroyed by fire, lightning, earthquake or any other casualty, this Agreement shall be deemed terminated, forthwith. Should fire, lightning, earthquake or any other causality partially damage said dwelling, whether or not the premises are affected thereby, Lessor may elect to terminate this Agreement or to repair such damage, 12 HOLD HARMLESS AGREEMENTS. Lessee covenants to hold Lessor harmless from all claims, demands, causes of action,judgements, attorney's fees, costs and expenses arising from or connected with Lessee's use or occupancy of said premises or the area adjacent thereto, and from all claims, demands, causes of action,judgements, attorney's fees, costs and expenses for property damage, bodily injuries or death suffered or caused in or about said premises or the area adjacent thereto, resulting directly or indirectly from the acts or omissions of Lessee,tenant or any agent or guests of Lessee or tenant 13 ASSIGNMENT AND SUBLETTING Lessee shall not assign this Lease or sublet any part of these premises without Lessor's prior written consent 14 DEFAULT Failure by Lessee to make the improvements as set forth in Exhibit B, or failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall continue for a period of ten (10) days after written notice from Lessor to cure the default, shall constitute a default and breach of the Lease by the Lessee Lessee shall notify Lessor promptly of any default that by its nature would not necessarily be known to Lessor. 15 ACCESS Lessor reserves the right to make periodic inspections of the leased premises at reasonable times for the purpose of ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any work or duties 16 COMPLIANCE WITH LAWS, RULES AND REGULATIONS Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Premises 17 PERMITS Lessee shall, at its sole cost and expense, be responsible for obtaining Contracts I Rental Agreement 3 of 8 06/03/03 Way Back Inn Foundation 6 LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY Lessee shall,when and if needed, at Lessee's sole expense, make repairs to the leased premises and every part thereof, and Lessee shall maintain the leased premises, Including the yard, in a neat, clean, safe and sanitary condition at all times At the end of the lease, Lessee shall surrender the leased premises and dwelling to Lessor in a clean, good, and sanitary condition with the exception of reasonable wear and tear 7 UTILITIES Lessee shall pay, prior to delinquency, all charges for heat, electricity, water, sewer, garbage, telephone, and other utility services supplied to the leased premises All leasehold assessments and charges not specifically assumed by the Lessor are the obligation of, and payable by, the Lessee 8 ALTERATIONS AND ADDITIONS BY LESSEE The Lessee shall not remove any fixtures, alter, or make major Improvements to the premises without prior written approval of the Lessor After obtaining the prior written consent of Lessor, Lessee may make, at Its sole expense, such additional Improvements or alterations to the leased premises that it may deem necessary or desirable Any repairs or new construction by Lessee shall be done in conformity with the Uniform Building Code and City of Kent regulations All work performed shall be done in a workmanlike manner and shall become the property of the Lessor 9 LIENS Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee 10 INSURANCE. Prior to the commencement date, at no expense to the City of Kent, the Lessee shall obtain and furnish to the City of Kent Risk Manager, a CERTIFICATE OF INSURANCE showing general liability insurance coverage including blanket contractual coverage, which certificate (1) shall be subject to approval of the City Attorney as to the company, form and coverage, and shall be primary over all other insurance the City may secure, (2) must fully protect the City from any and all claims and risks in connection with any activity performed by The Way Back Inn Foundation and tenant by virtue of this Lease; and (3) must specifically name the City of Kent as an additional insured as respects work performed by or on behalf of Lessee and a COPY OF THE ENDORSEMENT NAMING THE CITY OF KENT AS AN ADDITIONAL INSURED SHALL BE ATTACHED TO THE CERTIFICATE OF INSURANCE AND SIGNED LEASE.Such policy must provide the following minimum coverage. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 00 combined single limit per occurrence and $2,000,000 00 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations, broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Any payment of deductible or self-insured retention shall be the sole responsibility 1191 Contracts/Rental Agreement 2 of 8 06/03/03 Way Back Inn Foundation manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the carbon monoxide detector g Lessee shall properly dispose of all rubbish, garbage and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and Lessee shall assume all costs of extermination and fumigation for infestation caused by Lessee h Lessee shall properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the City of Kent that are in reasonably good working order 21 AUTHORITY OF LESSEE. Lessee and each individual executing this Lease on behalf of Lessee represent and warrant that he or she is duly authorized to execute and deliver this Lease, and that this Lease is binding upon Lessee in accordance with its terms 22 WAIVER AND FORBEARANCE No waiver by Lessor of any breach or default by Lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor of its rights and remedies with respect of such breach or default 23 QUIET ENJOYMENT Provided Lessee is not in default hereunder, Lessor covenants that Lessee shall have peaceful and quiet enjoyment of the leased premises without hindrance on the part of the Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year written DATED DATED LESSEE THE WAY BACK INN FOUNDATION LESSOR CITY OF KENT By By Jim White Its President Its Mayor APPROVED AS TO FORM Contracts/Rental Agreement 5 of S 06/03/03 Way Back Inn Foundation any permits or licenses that are necessary to perform the covenants of this Rental Agreement 18 NOTICES All notices under this Lease shall be in writing and shall be effective when mailed by certified mad or delivered to Lessor at the address below stated, or to Lessee at the address below stated, or to such other address as either party may designate from time to time LESSOR. CITY OF KENT DEPARTMENT OF PARKS, RECREATION & COMMUNITY SERVICES ATTN SUPERINTENDENT OF FACILITIES 220 4T" AVENUE SOUTH KENT, WASHINGTON 98032-5895 LESSEE THE WAY BACK INN FOUNDATION C!O PO BOX 621 RENTON, WASHINGTON 98057-0621 19 TERMINATION Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this Lease which substantially harms the non-defaulting party and which default is incapable of cure, or which being capable of cure, is not cured within ten (10) days after receipt of written notice of such default. 20 GENERAL PROVISIONS a TIME IS OF THE ESSENCE OF THIS LEASE b. The Lessee hereby agrees to be responsible for and reimburse in full, the Lessor, for any costs or attorney's fees that may arise from any legal action the Lessor may bring under this Agreement c This Lease shall be construed and governed by the laws of the State of Washington d Lessee agrees that the existing locks for the premises are reasonably adequate and that, upon termination of the tenancy, Lessee shall return all keys in its possession to the Lessor. e Lessee shall maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device f Lessee shall maintain the carbon monoxide detector in accordance with the Contracts/Rental Agreement 4 of 8 06/03/03 Way Back Inn Foundation EXHIBIT A 10 Legal Description The East 60 00 feet ± of the West 219 48 feet ± of the North 100 feet ± of the North ''12 of the Northeast'/< of the Southeast Y< of the Southeast %4 of Section 19, Township 22 North, Range 5 East, W M , in King County, Washington, EXEPT that portion conveyed to the City of Kent for street purposes by Deed recorded under King County Recording #8301040032 Contracts/ Rental Agreement 7 of 8 06/03/03 Way Back Inn Foundation Tom Brubaker, City Attorney Any modification requires approval of City Attorney LESSEE (STATE OF WASHINGTON)) )) ss COUNTY OF KING )) 1 certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent,to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument DATED. NOTARY PUBLIC in and for the State of Washington, resident at My commission expires (STATE OF WASHINGTON)) )) ss COUNTY OF KING )) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent, to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, resident at My commission expires Contracts/Rental Agreement 6 of 8 06/03/03 Way Back Inn Foundation CITY OF KENT RENTAL AGREEMENT The CITY OF KENT, a Washington municipal corporation ("Lessor"), whose mailing address is 220 Fourth Avenue South, Kent, Washington 98032, enters Into this Rental Agreement with The Way Back Inn Foundation, ("Lessee") a Washington non-profit corporation, under the following terms UPON THE FOLLOWING TERMS AND CONDITIONS 1 PREMISES Lessor leases to Lessee the Residence and all appurtenances situated on the real property (the "Premises") legally described in Exhibit A, attached hereto and Incorporated herein by this reference and commonly referred to Campus Park House at 9815 South 252nd Street 2 TERM This Rental Agreement shall commence on the 9th day of July, 2003 and shall terminate on the 31 st day of August, 2003, unless sooner terminated under the terms of this Rental Agreement 3 USE Lessee shall use the leased premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age (tenants), and all current uses Incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent, 4 RENT During the Term hereof, Lessee may occupy the leased premises rent free, and pay all costs associated with or arising out of the maintenance and operation of the leased premises as set forth herein 5 RENTAL AGREEMENT POSSESSION Lessee is currently in possession of the Premises under a prior Rental Agreement Lessee shall be deemed to have accepted possession of the leased premises in "as-is" condition Lessor has made no representations to Lessee respecting the condition of the leased premises Upon taking possession of the premises by the Lessor, either upon termination of this Agreement or upon abandonment of said premises by the Lessee,the Lessor or his Agent may remove from the premises all personal property of tenants located therein and place the same in storage at a public warehouse at the expense and risk of the owners thereof Personal property so stored shall be subject to the rules and regulations as set down by such public warehouse Disposition of any personal property shall be subject to the Residential Landlord-Tenant Act, Chapter 59 18 RCW Contracts/Rental Agreement 1 of 8 06/02/03 Way Back Inn Foundation—Intenm EXHIBIT B Inspection of Campus Park House August 19, 2003 Work Items needed to be completed by December 31, 2003 Attending, Charlie Lindsey, Kathenn Johnson, Alex Ackley and Lon Flamm Contracts!Rental Agreement 8 of 8 06/03/03 Way Back Inn Foundation Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000 00 combined single limit per occurrence and $2,000,000 00 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations, broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Any payment of deductible or self-insured retention shall be the sole responsibility of the Lessee The Lessee's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage 11 DESTRUCTION OR DAMAGE Should said dwelling be totally destroyed by fire, lightning, earthquake or any other casualty, this Agreement shall be deemed terminated Should fire, lightning, earthquake or any other causality partially damage said dwelling, whether or not the premises are affected thereby, Lessor may elect to terminate this Agreement or to repair such damage 12. HOLD HARMLESS AGREEMENTS Lessee covenants to hold Lessor harmless from all claims, demands, causes of action,judgements, attorney's fees, costs and expenses arising from or connected with Lessee's use or occupancy of said premises or the area adjacent thereto, and from all claims, demands, causes of action,judgements, attorney's fees, costs and expenses for property damage, bodily injuries or death suffered or caused in or about said premises or the area adjacent thereto, resulting directly or indirectly from the acts or omissions of Lessee, tenant or any agent or guests of Lessee or tenant 13 ASSIGNMENT AND SUBLETTING Lessee shall not assign this Lease or sublet any part of these premises without Lessor's prior written consent 14 DEFAULT Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall continue for a period of ten (10) days after written notice from Lessor to cure the default, shall constitute a default and breach of the Lease by the Lessee Lessee shall notify Lessor promptly of any default that by its nature would not necessarily be known to Lessor 15 ACCESS Lessor reserves the right to make periodic inspections of the leased premises at reasonable times for the purpose of ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any work or duties Contracts/Rental Agreement 3 of 8 06/02/03 Way Back Inn Foundation--Interim 6 LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY Lessee shall,when and • if needed, at Lessee's sole expense, make repairs to the leased premises and every part thereof, and Lessee shall maintain the leased premises, including the yard, in a neat, clean, safe and sanitary condition at all times At the end of the lease, Lessee shall surrender the leased premises and dwelling to Lessor in a clean, good, and sanitary condition with the exception of reasonable wear and tear 7 UTILITIES. Lessee shall pay prior to delinquency all charges for heat, electricity, water, sewer, garbage, telephone, and other utility services supplied to the leased premises All leasehold assessments and charges not specifically assumed by the Lessor are the obligation of, and payable by, the Lessee 8 ALTERATIONS AND ADDITIONS BY LESSEE The Lessee shall not remove any fixtures, alter, or make major improvements to the premises without prior written approval of the Lessor After obtaining the prior written consent of Lessor, Lessee may make, at its sole expense, such additional Improvements or alterations to the leased premises that it may deem necessary or desirable Any repairs or new construction by Lessee shall be done in conformity with the Uniform Building Code and City of Kent regulations All work performed shall be done in a workmanlike manner and shall become the property of the Lessor 9 LIENS Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee 10 INSURANCE Prior to the commencement date, at no expense to the City of Kent, the Lessee shall obtain and furnish to the City of Kent Risk-Safety Manager, a CERTIFICATE OF INSURANCE showing general liability insurance coverage including blanket contractual coverage, which certificate (1) shall be subject to approval of the City Attorney as to the company, form and coverage, and shall be primary over all other insurance the City may secure, (2) must fully protect the City from any and all claims and risks in connection with any activity performed by The Way Back Inn Foundation and tenant by virtue of this Lease, and (3) must specifically name the City of Kent as an additional insured as respects work performed by or on behalf of Lessee and a COPY OF THE ENDORSEMENT NAMING THE CITY OF KENT AS AN ADDITIONAL INSURED SHALL BE ATTACHED TO THE CERTIFICATE OF INSURANCE AND SIGNED LEASE. Such policy must provide the following minimum coverage Contracts/Rental Agreement 2 of 8 06/02/03 Way Back Inn Foundation--interim d Lessee agrees that the existing locks for the premises are reasonably adequate and that, upon termination of the tenancy, Lessee shall return all keys in Its possession to the Lessor e Lessee shall maintain the smoke detection device in accordance with the manufacturer's recommendations, Including the replacement of batteries as required for the proper operation of the smoke detection device f Lessee shall maintain the carbon monoxide detector in accordance with the manufacturer's recommendations, Including the replacement of batteries as required for the proper operation of the carbon monoxide detector g Lessee shall properly dispose of all rubbish, garbage and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular Intervals, and Lessee shall assume all costs of extermination and fumigation for Infestation caused by Lessee h Lessee shall properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the City of Kent that are in reasonably good working order 21 AUTHORITY OF LESSEE Lessee and each individual executing this Lease on behalf of Lessee represent and warrant that he or she is duly authorized to execute and deliver this Lease, and that this Lease is binding upon Lessee in accordance with its terms 22 WAIVER AND FORBEARANCE No waiver by Lessor of any breach or default by Lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor of its rights and remedies with respect of such breach or default 23 QUIET ENJOYMENT Provided Lessee is not in default hereunder, Lessor covenants that Lessee shall have peaceful and quiet enjoyment of the leased premises without hindrance on the part of the Lessor Contracts/Rental Agreement 5 of 8 06/02/03 Way Back Inn Foundation--Interim 16 COMPLIANCE WITH LAWS, RULES AND REGULATIONS Lessee shall, at Its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now In force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Premises 17 PERMITS Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the covenants of this Rental Agreement 18 NOTICES All notices under this Lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated, or to such other address as either party may designate from time to time LESSOR CITY OF KENT DEPARTMENT OF PARKS, RECREATION &COMMUNITY SERVICES ATTN SUPERINTENDENT OF FACILITIES 220 4T" AVENUE SOUTH KENT, WASHINGTON 98032-5895 LESSEE. WAY BACK INN FOUDATION C/O PO BOX 621 RENTON, WASHINGTON 98057-0621 19 TERMINATION Either party has the right to terminate this Agreement if the other party is In default of any material obligation or representation of this Lease which substantially harms the non-defaulting party and which default Is Incapable of cure, or which being capable of cure, Is not cured within ten (10) days after receipt of written notice of such default. 20 GENERAL PROVISIONS a TIME IS OF THE ESSENCE OF THIS LEASE b The Lessee hereby agrees to be responsible for and reimburse In full, the Lessor, for any costs or attorney's fees that may arise from any legal action the Lessor may bring under this Agreement c This Lease shall be construed and governed by the laws of the State of Washington Contracts/Rental Agreement 4 of 8 06/02/03 Way Back Inn Foundation--Interim (STATE OF WASHINGTON)) )) ss COUNTY OF KING )) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent,to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, resident at My commission expires Contracts/ Rental Agreement 7 of 8 06/02/03 Way Back Inn Foundation--Interim IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year written DATED DATED LESSEE THE WAY BACK INN FOUNDATION LESSOR CITY OF KENT By By. Jim White Its President Its Mayor APPROVED AS TO FORM: Tom Brubaker, City Attorney Any modification requires approval of City Attorney LESSEE. (STATE OF WASHINGTON)) }) ss. COUNTY OF KING )) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this Instrument, o- -nth stated that he/she was authorized to execute the instrument, and acknowledged it as me of the City of Kent, to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, resident at My commission expires Contracts/Rental Agreement 6 of 8 06/02/03 Way Back Inn Foundation--Interim Kent City Council Meeting Date June 17, 2003 Category Consent Calendar 1. SUBJECT: AGREEMENT WITH VOICESTREAM FOR CELL TOWER AT RIVERBEND DRIVING RANGE—AUTHORIZE 1 2. SUMMARY STATEMENT: As recommended by the Parks Committee, authorize the Mayor to enter into an agreement with Voicestream PCS III Corporation to lease a portion of the Riverbend Golf Complex Driving Range to construct and maintain communication antennas and equipment. Voicestream PCS III Corporation wants to lease a portion of the Riverbend Golf Complex, with a nonexclusive access easement. Voicestream intends to construct wireless communications antennas on a net pole and related wireless communications ground equipment, support structures and cables at the Driving Range. This lease will start nine months after the date of execution of the lease. Voicestream agrees to pay the City of Kent the sum of one thousand, two hundred and fifty dollars ($1,250.00), plus leasehold tax-per month. 3. EXHIBITS: Lease agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Potential revenue of$1,250, plus leasehold tax per month SOURCE OF FUNDS: Voicestream PCS III Corporation 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N EXHIBIT A • Legal Description The East 60.00 feet ± of the West 219.48 feet ± of the North 100 feet ± of the North '/2 of the Northeast'/, of the Southeast%of the Southeast Y<of Section 19, Township 22 North, Range 5 East, W M., in King County, Washington, EXEPT that portion conveyed to the City of Kent for street purposes by Deed recorded under King County Recording#8301040032 Contracts/Rental Agreement 8 of 8 06/02/03 Way Back Inn Foundation—Interim LEASE AGREEMENT THIS LEASE AGREEMENT("Lease")is entered into by and between the CITY OF KENT, Washington municipal corporation ("Landlord")and VOICESTREAM PCS III CORPRATION, a Delaware corporation. with its principal office in Washington located at 12920 SE 28'h Street, Belle-,ue, Washington 98006 (Tenant") BACKGROUND A Landlord is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A B Tenant is in the communications business and desires to lease a portion of the Landlord's property which is legally described on the attached Exhibit B, together with a nonexclusive access easement, which is legally described on the attached Exhibit C C Accordingly, the parties are entering into this Lease on the terms and conditions set forth below AGREEMENT In consideration of their mutual covenants, the parties agree as follows 1 Leased Premises Landlord leases to Tenant and Tenant leases from Landlord the real property legally described on the attached Exhibit B (the ' Land") together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property legally described on the attached Exhibit C (the "Access Easement") The Land and the Access Easement are collectively referred to as the "Premises", This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way Any such franchise or permit must be obtained separately from Landlord 2 Term and Option to Renew This Lease shall commence on the earlier of (a)nine(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant commences construction of its improvements at the Premises(the"Commencement Date"),and end on the date that is one day before the five year anniversary of the Commencement Date Additionally, so long as Tenant is not in default of this Lease,Tenant shall have the option to renew this Lease for two (2) additional five (5) year period subject to the adjustment of Monthly Rent as described in Section 3 Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety(90)calendar days before the end of the term LEASE AGREEMENT—Page I of 16 (Landlord Gty of Ken( Tenon! Porcesb eam PCS 11l Corporation) (May 28,2003) 4 Use of Premises a Tenant shall use the Premises for the purpose of constructing and operating wireless communications antennas and associated e-911/location based system on a driving range net pole to be installed by Landlord, and constructing and operating related wireless communications ground equipment, support structures and cables(collectively,the"Antennae Facilities") in half ofa 24' x 20' shed to be constructed by Tenant The Landlord will use the other half of the 24' x 20' shed The Premises shall be used for no other purpose Tenant shall have access to the Premises twenty-four(24) hours a day, seven (7) days a week b Tenant shall, at its expense,comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relatmg to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antennae Facilities and/or the Premises c (1) The Tenant shall remove the Antennae Facilities from the Premises upon termination of the Lease, excluding the 24' x 20' shed described in Exhibit"D" Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Landlord or any of Landlord's assignees or lessees (2) Upon removal of the improvements(or portions thereof)as provided above in subpart (1), Tenant shall restore the affected area of the Premises, normal wear and tear excluded, to the reasonable satisfaction of Landlord (3) All costs and expenses for the removal and restoration to be performed by Tenant pursuant to subparts (1) and (2) above shall be home by Tenant, and Tenant shall hold Landlord harmless from any portion thereof d Tenant shall reimburse Landlord THIRTY THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS AND 17/100(530,594 17),plus Washington state sales tax of 8 8%,for the cost and installation of the driving range net pole Tenant shall pay tins amount within thirty(30) days of being invoiced by Landlord 5 Tenant Improvements, Plans, Bonds a (1) Tenant may improve the Premises by constructing wireless communications antennas on a driving range net pole, and constructing related wireless communications ground equipment, support structures and cables Tenant is required,as part of this Lease, to complete all the items listed in Exhibit D Tenant is responsible to provide all labor, materials, and equipment necessary for the items listed in Exhibit D Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all improvements to Landlord for Landlord's written approval, such approval not to be unreasonably withheld No improvement, construction, installation or alteration shall be commenced until plans for such work have been approved by the Landlord and all necessary permits have been properly issued LEASE AGREEMENT—Page 3 of 16 (Landlord City of Kent Tenant Voicesiream PCS III Cotporation) (May 28,2003) 3 Rent a Tenant agrees to pay Landlord as Monthly Rent,w ithout notice or demand,the . sum of ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS (51,250 00), plus leasehold tax, if required by law,at a rate established by the State of Washington,currently 12,84%, commencing on the Commencement Date Subsequently, the Monthly Rent shall be paid in advance, on or before the first day of the month during the term hereof Monthly Rent shall be mailed to City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention Facilities Superintendent b Tenant shall pay Landlord a late payment charge equal to five percent(5%)of the Monthly Rent for any payment not paid within five(5)calendar days of when due Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month c For each additional antennae installed by Tenant beyond the initial array described in Exhibit D, Tenant shall pay an additional annual fee in an amount to be determined by the parties, which shall increase annually under the same terms provided in this Lease and shall become part of the Monthly Rent d The Monthly Rent during-years two(2) through five (5) of each five(5)year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of four(4) percent (4%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date "CPI"means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor(1982-84= 100) If the CPI is converted to a different standard reference base or otherwise revised,the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics e The Monthly Rent during the first year of the renewal term will be adjusted to Market Rent As used herein, "Market Rent' means the rent paid for similar uses on similar properties in the greater Puget Sound area If Landlord and Tenant cannot agree upon Market Rent within thirty (30) days after Tenant presents its proposal for Market Rent, then the matter shall be settled by binding arbitration by a single arbitrator who has experience in telecommunications real estate leasing matters Tenant shall present its proposal for Market Rent when it exercises its option to renew the Lease The arbitration will be administered by JAMS if the parties have not otherwise agreed to use a different arbitrator or arbitration process Each party will submit to the arbitrator and each other at least ten (10) days in advance of the hearing their best offers of Market Rent The arbitrator shall award the Market Rent figure that is closest to the true Market Rent The costs of the arbitration shall be borne by the Tenant Each party will bear the cost of its own attorney's fees f Monthly Rent,and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset LEASE AGREEMENT—Page 2 of 16 (Landlord City of Kent, Tenant Voicestrema PCS i!1 Corporation) (May 28 1003) (3) All costs and expenses for the removal and restoration to be performed by Tenant pursuant to subparts 5 b (1)and(2)above shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof c Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from a surety or bank reasonably acceptable to Landlord,in the amount of Fifteen Thousand Dollars (S 15,000 000)to assure that the necessary funds will be available at the termination of the Lease for removal of all improvements 6 Use by Other Providers a Tenant shall design and construct the Antenna Facilities to accommodate 1 (one)other telecommunications provider("Other Provider") Toward this end,Tenant shall design and construct the tower so that 2(two)antennae or antennae arrays maybe placed on it Tenant shall also design and construct all ancillary support facilities, including any support buildings, so that 1 (one)Other Provider will have an adequate amount of space to house their own support equipment b Tenant shall cooperate with each new Other Provider in connection with their locating and placing their antennas and other facilities on the Premises and in the ancillary support facilities c Each new Other Provider shall be solely responsible for the cost of locating and placing their equipment on the Premises The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises d Within thirty(30)days after receipt,Tenant shall notify Landlord in writing of all sublease or assignment requests or proposals which Tenant receives for use of the Premises Within seven (7) working days Tenant shall provide Landlord with any information relating to a lease to an Other Provider as requested by Landlord. Failure to comply with this provision shall place Tenant in default and give Landlord the option of exercising any of the rights described in this Lease, subject to any applicable cure period 7 Net Lease Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises The parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis In addition to the Monthly Rent reserved above,Tenant shall pay to the parties entitled thereto all taxes, assessments, insurance premiums, maintenance charges, and any other direct charges, costs and expenses against the Premises which may be contemplated under any provisions of this Lease. 8 Maintenance a Tenant shall,at its own expense,maintain the Premises and all improvements, equipment and other personal property on the Premises in good working order,condition and repair Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration,heat,noise or interference Tenant shall i LEASE AGREEMENT—Page 5 of 16 (Lnndiord City of Kent, Tenant Votceat,cant PCS LIL Corporatron) (May 28,2003) Landlord's Parks, Recreation & Community Services Department shall give such approval or provide Tenant with its requests for changes within thirty(30)working days of Landlord's receipt of Tenant's work plans If Landlord's Parks,Recreation&Community Services Department does not provide such approval or request for changes within such thirty(30)working day period,Landlord's Parks,Recreation& Community Services Department shall be deemed to have approved the plans The plan and specifications review schedule described above does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law (2) All improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Premises and shall be completed in compliance with all applicable laws, rules, ordinances and regulations If any lien is filed, such lien shall be removed from the Property within twenty(20)days Upon completion of the construction and approval by the City of Kent,the pole shall become the Property of the City of Kent,and Tenant shall execute,upon the request of the City of Kent, a bill of sale evidencing such fact (3) Tenant shall conform and comply with all local land use,regulatory,or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease (4) No improvements or modifications to improvements shall be made without the Landlord's consent, not to be unreasonably withheld, conditioned or delayed Moreover,any such improvements or modifications are subject to the conditions set forth in section a (1), (2), (3), and (4) above b (1) The Antennae Facilities shall remain the property of Tenant and Tenant shall remove the Antennae Facilities, excluding the 24' x 20' shed in Exhibit "D" upon termination of the Lease Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Landlord or any of Landlord's assignees or lessees If, however, Tenant requests permission not to remove all or a portion of the improvements, and Landlord consents to such non-removal, title to the affected improvements shall thereupon be transferred to Landlord and the same thereafter shall be the sole and entire property of Landlord,and Tenant shall be relieved of its duty to otherwise remove same All other alterations,improvements and structures located or constructed on the Premises (except for movable equipment and trade fixtures), shall become the property of Landlord upon termination of the Lease, except that Landlord may, by written notice to Tenant, require Tenant to remove all such improvements upon termination of the Lease Any personal property, equipment, or other improvements which are not removed upon termination of this Lease shall become the property of Landlord, at Landlord's option (2) Upon removal of the improvements(or portions thereof)as provided above in subpart 5 b (1), Tenant shall restore the affected area of the Premises to the reasonable satisfaction of Landlord LEASE AGREEMENT—Page 4 of 16 (Landlord Gty of Kent Tenant Voicestream PCS H/Corporation) (May 28 2003) noninterference, howe%er, Landlord shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by the third party The third party shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility Tenant shall have fifteen(15)calendar days following receipt of said proposal to make any objections thereto, and failure to make any objection within said fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of Antennae or transmission facilities pursuant to said proposal If Tenant gives notice of objection due to interference during such fifteen (15) calendar day penod and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the third party modifies the proposal in a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant In that case, Landlord may proceed with the proposal In the event the third party actually interferes with the operations of Tenant,Landlord shall make good faith efforts to have such third party cease operation until such interference can be eliminated A governmental unit may be allowed to place Antennae or other communications facilities on the Premises as long as there is no interference with Tenant's use 14 Default It shall be a default if (a) Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen(15)calendar days after written notice from Landlord (b) Tenant abandons or vacates the Premises for a period longer than thirty(30) days, (c) Tenant falls, at any time dunng this Lease (including optional renewal periods), to conform or comply with any local land use,regulatory,or building permit conditions issued by the City in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease, (d) Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors, (e) Tenant becomes insolvent, or if (f) Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) calendar days after written notice from the non-defaulting party specifying the default at issue 15 Cure by andlord In the event of any default of this Lease by Tenant,the Landlord may at anytime, after notice,cure the default for the account of and at the expense of the Tenant If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting,prosecuting or defending any action to enforce the Landlord's rights under this Lease, the sums so paid by Landlord,with all interest,costs and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest" Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Agreement,and such payment shall be subject to refund if Tenant's positron is upheld by an arbitrator LEASE AGREEMENT—Page 7 of 16 (Londlmd GryofKeni Tenant Voices(ream PCS X Corpornbon) (May 282003) install, maintain, and replace, when necessary, all landscaping on the Premises required by City of Kent permits b In the event the Landlord or any other Tenant undertakes painting, construction or other alterations on the Landlord's property described in Exhibit A,Tenant shall take reasonable measures, at Tenant's cost,to cover Tenant's equipment,personal property or Antennae Facilities and protect them from paint and debris fallout which may occur during the painting, construction or alteration process This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment,property, and facilities as required above 9 Access Landlord and its agents shall have the right to enter the Premises at reasonable times to examine and inspect the Premises 10 Utilities Tenant shall,at its expense,separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith 11 License Fees Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises 12 Approvals, Compliance with Laws Tenant's use of the Premises is contingent upon its obtaining all certificates,permits,zoning,and other approvals that maybe required by any federal, state or local authority Tenant shall erect, maintain and operate its Antennae Facilities in accordance with site standards, statutes,ordinances,rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies 13 Interference a Tenant's installation,operation,and maintenance of its transmission facilities shall not damage or interfere in anyway with Landlord's activities on the Premises Tenant agrees to correct,within thirty(30)calendar days, all such actions which materially interfere with Landlord's use of the Premises Tenant agrees to promptly commence good faith efforts to cure interference upon actual notice of such interference If the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impacted, Tenant shall have the right to terminate the Lease, b Before approving the placement of Antennae Facilities,Landlord mayobtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Premises c In the event any other party requests a lease and/or permission to place any type of additional antennae or transmission facility on the Premises,Landlord shall submit aproposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for LEASE AGREEMENT—Page 6 of 16 (Landlord CnyofKent, Tenant Yomcesnean PCS LO Caporanon) (May 282003) terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by Tenant Landlord shall have no obligation to repair any damage to any portion of the Premises 21 Condemnation In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority In the event a portion of the Premises is taken by eminent domain,either party shall have the right to terminate this Lease as of said date of title transfer,by giving thirty(30) days written notice to the other party In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award Tenant shall hereby expressly waive any right or claim to any portion thereof although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority,but not from Landlord, such compensation as maybe separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae Facilities, and leasehold improvements 22 Indemnity and Insurance a Disclaimer of Liabilitv Landlord shall not at anytime be liable for injury or damage occurring to any person or property from any cause whatsoever ansmg out of Tenant's negligent construction,maintenance,repair,use,operation,condition or dismantling of the Premises or Tenant's Antennae Facilities and any other improN ements made by Tenant b Indemnification Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord,now existing or hereinafter created,and their respective officers,boards,commissions,employees,agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys,expert witnesses and consultants),which may be imposed upon,incurred by orbe asserted against the Indemnitees by reason of any intentional or negligent act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property,libel, slander, invasion of prig acy and unauthorized use of any trademark,trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may anse out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Antennae Facilities, Tenant's use of the Premises, Tenant's other improvements, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation (2) Any and all liabilities, obligations, damages,penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants),which are imposed upon, incurred by or asserted LEASE AGREEMENT—Page 9 of 16 (Landlord CGty of Kent Tenant Vorcestream PCS U/Caporwon) (May 28 2003) 16 Optional Termination Except for instances of default as set forth in Section 14, above, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business, (b) by Landlord if the Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises for city or public purposes, (c) by Landlord if it determines through verifiable scientific evidence that continued use of the Premises by Tenant is in fact a threat to health, safety or welfare, (d)by Landlord if Tenant's use of the Premises violates applicable laws or ordinances, or (e) by Landlord if Tenant loses its license to proN ide PCS/cellular service for any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license 17 Landlord's Remedies In the event of an instance of Tenant's default as identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination , and liquidated damages in the amount of six (6) months rent If it becomes necessary for the Landlord to use an attorney and/or bring suit for damages or possession,or if Tenant shall bring any action for anyrelief against Landlord,declaratory or otherwise, ansing out of this Agreement, the prevailing party shall have and recover against the other party in addition to the cost allowed by I aw, s uch s um a s t he c ourt in ay a dludge t o b e reasonable attorney's fees 18 Removal of Facilities Upon Termination Upon termination of this Lease for any reason,Tenant shall remove its equipment,personal property,the Antennae Facilities,and leasehold improvements, excluding the 24' x 20' shed in Exhibit "D", from the Premises within thirty (30) calendar days from the date of termination, and shall repair any damage to the Premises caused by such equipment, normal wear and tear excepted, all at Tenant's sole cost and expense Without waiving any other tights Landlord may have under this Lease, if any such property or facilities are not removed or necessary repairs made to the satisfaction of Landlord by the end of this thirty(30) daytime period after termination,Landlord may, at its option,assume ownership of that propertyby recording notice thereofwith the Recorder's office at King County,Washington,or use the proceeds of the bond or letter of credit under subsection 5(c) to remove the equipment, personal property, Antennae Facilities,and leasehold improvements and/or repair any damage to the Premises,normal wear and tear excepted 19 Termination, Notice Any notice of Tenant's termination pursuant to paragraph 16 shall be given to the other party in writing at least thirty(30) calendar days prior to the termination date by certified mail, return receipt requested, and shall be effective no sooner than thirty (30) calendar days from the date of receipt of that notice Landlord may retain such amounts as necessary from all rentals paid for the Lease of the Premises prior to said termination date to cover Landlord's economic loss resulting from Tenant's termination 20 Dame or Destruction If Tenant's improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant,Tenant may elect to terminate this Lease upon thirty(30)calendar days'wntten notice to Landlord In such event, Tenant shall promptly remove the all improvement from the Premises asset forth in Section 5(b) above This Lease (and Tenant's obligation to pay rent) shall LEASE AGREEMENT—Page 8 of 16 (Landlord Gry of Kent Tenant Votcestrean,PCS H/Corporation) Way 28 2003) f Insurance During the term of the Lease,Tenant shall maintain,or cause to be maintained, in full force and effect and at its sole cost and expense,the follow ing types and limits of insurance (1) Worker's Compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum hunts of One Hundred Thousand Dollars ($100,000)for each accident (2) Comprehensive Commercial General Liability insurance written on an occurrence basis with limits no less than One Mrlhon Dollars($1,000,000)combined single limit per occurrence and in the aggregate for bodily injury,personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability,independent contractor's liability,coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage (3) Automobile Liability,insurance covering all owned, hired, and non- owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of One Million Dollars ($1,000,000 00) as the combined single limit for each occurrence for bodily injury and property damage (4) Excess L lability 1 nsurance with limits not less than Four Million Dollars ($4,000,000 00) per occurrence and in the aggregate (5) At the start of and during the period of any construction,builders all- risk insurance,together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antennae Facilities Upon completion of the installation of the Antennae Facilities,Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities The amount of insurance at all times shall be representative of the insurable values installed or constructed (6) All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claim made basis (7) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated (8) Notwithstanding anything to the contrary contained in this Lease, Tenant may elect to maintain a plan of self insurance for any and all insurance required to be carried by Tenant under this Lease so long as(i)Tenant has and continues to have capital and surplus of at least twenty-five million dollars (525,000,000 00), (it) Tenant delivers to Landlord a certificate stating that the self-insuring party is the insurer for all purposes under this Lease for the particular risk, and (n1) no such self-insurance shall diminish the rights and privileges to which Landlord is otherwise entitled under the terms of this Lease when there is a third-party insurer If the self- LEASE AGREEMENT—Page 11 of 16 (Landlord Gay of Kent Tenant Vacestream PCS Ill Corpaarron) (May 28 2003) against the Indemnitees by reason of an,, claim or hen arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction,operation,maintenance or use of the Premises, Tenant's Antennae Facilities,Tenant's other improvements and,upon the w ntten request of Landlord,Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request (3) Notwithstanding the foregoing,Tenant shall not indemnity,defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses(including,without limitation,reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Indemmtee's negligence or willful misconduct c Assumption of Risk Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Premises Tenant's assumption of risk shall not apply to any latent defects or other dangerous situation, if Landlord knows or should know that defect or situation to exist but has not disclosed that information to Tenant d Defense of Indemmtees In the event any action or proceeding shall be brought against the Indemmtees by reason of any matter for which the Indemmtees are indemnified hereunder,Tenant shall,upon notice from any of the Indemmtees, at Tenant's sole cost and expense, resist and defend the same,provided how ever,that Tenant shall not admit liability in any such matter on behalf of the Indemmtees without the wntten consent of Landlord and provided further that Indemmtees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, w ithout the prior written consent of Tenant e Notice, Cooperation and Expenses Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suitor other proceeding covered by the provisions of this Section 21 Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel so long as the participation is coordinated with Tenant's legal counsel Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert w itnesses, and disbursements and liabilities assumed byLandlord in connection with such suits, actions or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant If Tenant requests Landlord to assist it in such defense,then Tenant shall pay all expenses incurred by Landlord in response thereto,including defending itself with regard to any such actions, suits or proceedings These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the costs of any services rendered by the Landlord's attorney,and the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings which are not directly attributable to Landlord's negligence LEASE AGREEMENT—Page 10 of 16 (Landlord Coy of Keni, Tenant Yacesirean PCS III Cm poraron) (May 28 2003) compensation,comprehensive public liability and automobile liability insurance coverage of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance in Review of Limits Once during each calendar year during the tern of this Lease,Landlord may review the insurance coverage to be carried by Tenant If Landlord reasonably determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds,Tenant shall be so notified and shall obtain the additional limits of insurance,at its sole cost and expense 23 Hazardous Substance Indemnification Tenant represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not negligently or intentionally store or dispose on the Premises nor transport to or ov er the Premises any hazardous substance in violation of any federal or state law Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents Similarly, Landlord warrants that the Premises are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste,hazardous or toxic material,hazardous or toxic or radioactive substance,or other similar tens by any federal,state or local environmental law,regulation or rule presently in effect orpromulgated in the future, as such laws, regulations or rules may be amended from time to time, and it shall be interpreted to include, but not be limited to, any substance w Inch after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24 Holding Over Any holding over after the expiration of the term hereof, with the consent of the Landlord, shall be construed to be a tenancy from month to month and Monthly Rent shall be paid by Tenant at two times the rents herein specified and shall otherwise be on the terms and conditions herein specified, so far as applicable ZS Subordination to Mortgage Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease Tenant subordinate all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination 26 Acceptance of Premises With the exception of latent defects and any hazardous substance contamination to Landlord's property, by taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date Landlord makes no representation or warranty with respect to the condition of the Premises 27 Estoppel Certificate Tenant shall, at any time and from time to time upon not less than thirty(30) days prior request by Landlord,deliver to Landlord a statement in writing certifying that(a) the Lease is unmodified and in full force (or if there have been modifications,that the Lease LEASE AGREEMENT—Page 13 of 16 (Landlo,d CayofKem, Tenont Vomeesnemn PCSIIICorporntton) (Mny282003) insuring party ceases to maintain a plan of self-insurance with respect to any risk for which this Lease requires insurance or if the self-insuring party fails to meet the capital and surplus or tangible net worth requirement set forth above,the self-insuring party shall giv e written notice thereof to the other party and shall immediately comply with the provisions of this Lease relating to the policies of insurance required g Additional Insureds All policies, except for business interruption and worker's compensation policies,shall list Landlord and its officials, officers, employees, agents and assigns, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds") Each policy, which is to be endorsed to list Additional Insureds hereunder, shall contain cross-liability wording, as follows In the event of a claim being made hereunder by one insured for which another insured is or maybe liable,then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder h Evidence of Insurance Certificates of insurance or self insurance for each insurance policy required to be obtained by Tenant in compliance with this Section,together with a copy of the endorsement listing the Landlord as additional insured shall be provided to Landlord prior to the Commencement Date Tenant shall also provide Landlord written eN idence of payment of required premiums annually during the term of the Lease Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord i Cancellation of Policies of Insurance All insurance policies maintained pursuant to this Lease shall contain the following endorsement At least sixty(60)days pnorwritten notice shall be given to Landlord by the insurer of any intention(a)not to renew, (b) to cancel or(c)to materially alter this insurance policy Such notice shall be given by registered mail to the Landlord l Insurance Companies All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the State of Washington or surplus line carriers on the State of Washington Insurance Commissioner's approved list of companies qualified to do business in the State of Washington All insurance carriers and surplus line carriers shall be rated B+ (XIII) or better by A M Best Company Alternatively and subject to Landlord's prior written approval,which shall not be unreasonably withheld,Tenant shall be allowed to self-insure for the amounts and types of insurance required herein k Deductibles; Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant 1 Contractors Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Premises carry, in full force and effect,workers' LEASE AGREEMENT—Page 12 of 16 (Landlord City of Ken( Tenant Voeceslremn PCS H/Corporation) (May 28 2003) waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained b If Tenant is a corporation,partnership,or limited liability company,and if the control thereof changes at any time during the term of this Lease,then Landlord at its option may,by giving ten (10) days prior written notice to Tenant, declare such change a breach of this section unless Landlord has previously approved in writing the new controlling party c Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC §101, et seq , shall be deemed without further act to have assumed all of the obligations of Tenant ansing under this Lease on and after the date of such assignment Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive property of Landlord, and shall not constitute property of the Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code Any monies or other considerations constituting Landlord' s property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord d Notwithstanding anything to the contrary in this Lease,Tenant shall have the right to assign this Lease to any of Tenant's partners or affiliates 30 Other Leases Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which maybe in competition with Tenant,or any other party 31 Successors and Assigns This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns 32 Non-Waiver Failure of Landlord to i nsist o n s tnct p erformance o f any o f the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights,but Landlord shall have the rights to enforce such rights at anytime and take such action as might be lawful or authorized hereunder, either in law or equity The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing 33 Taxes a Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises that are directly the result of Tenant's communication equipment, if any,which become due and payable during the term of this Lease All such payments shall be made, and evidence of all such payments shall be provided to Landlord,at least ten(10)days prior to the delinquency date of the payment Tenant shall pay all taxes on its personal property on the Premises b Tenant shall indemnify Landlord from any and all liability, obligation, damages,penalties,claims, liens,costs,charges, losses and expenses(including,without limitation, LEASE AGREEMENT—Page 15 of 16 (Landlord Cay of Kent Tenant Voicestrea,n PCS O/Corporation) (May 28 2003) is in full force as modified and identify the modifications), (b) the dates to which rent and other charges have been paid, (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease, and (d) such other matters as Landlord may reasonably request 28 Notices All notices, requests,demands,and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses; If to Landlord, to Facilities Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 If to Tenant, to Voicestream PCS III Corporation With a copy to- With a copy to 29 Assignment and Subletting a Subject to the provisions of Section 6 and Section 28 d , Tenant shall not assign this Lease in whole or in part,or sublet all or any part of the Premises without the Landlord's prior written consent. Consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity of such consent to any subsequent assignment or subletting This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. If this Lease is assigned,or if the Premises or any part tbereof is sublet or occupied by anyone other than Tenant, Landlord may collect rent from the assignee, subtenant or occupant and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved, but no such assignment, subletting, occupancy or collection shall be deemed a LEASE AGREEMENT—Page 14 of 16 (Landlord Ca),of Ken( Tenant Vomesiream PCS U/Corporation) (May 28 2003) City of Kent Law Department PP Cnd Fl FFS OcenF IgL-053 o co rwriPC5111L�us�do= LEASE AGREEMENT—Page 17 of 16 (Landlord City of Ken(, Tenan+ Voeeestream PCS O/Corporanon) (May 28,2003) reasonable fees and expenses of attorneys,expert witnesses and consultants),which maybe imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises c If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes 34 Miscellaneous a Landlord and Tenant represent that each,respectively, has full right,power, and authority to execute this Lease b This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind There are no representations or understandings of any kind not set forth herein Any modification of or amendment to this Lease must be in writing and executed by both parties c This Lease shall be construed in accordance with the laws of the State of Washington Venue and j unsdiction of any lawsuit an sing out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington d If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect THIS LEASE IS EXECUTED and shall become effective on the last date indicated below LANDLORD: TENANT: CITY OF KENT VOICESTREAM PCS III CORPORATION By By Print Name Print Name Its Its DATE DATE APPROVED AS TO FORM: ATTEST: Print Name BRENDA JACOBER, KENT CITY CLERK LEASE AGREEMENT—Page 16 of 16 (Landlord City ofKent Tenant Vomestream PCS 111 Corporation) (May18 2003) EXHIBIT B LEGAL DESCRIPTION OF PREMISES LEASE AGREEMENT—Exhibit B" (Landlord City of Kent, Tenant Voicestream PCS III Corporation) EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERTY That portion of the East half of the Northeast quarter of the Northwest quarter, Section 27, Township 22 North, Range 4 East, W M , records of Kin-, County, Washington, lying southerly of J L Reith Road EXCEPT Roads Situated in the County of King, State of Washington LEASE AGREEMENT—EXHIBIT A (Landlord City of Kent, Tenant Votceslream PCS III Cotporatton) EXHIBIT D SCOPE OF WORK TO BE COMPLETED BY VOICESTREAM PCS III EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT • LEASE AGREEMENT—Exhibit"C" (Landlord Cary of Kent Tenam Ymceso cam PCS Iu(mpm anon) Kent City Council Meeting Date June 17, 2003 Category Other Business 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT, IMPOUNDMENT RESERVOIR, EMERGENCY RESOLUTION—ADOPT 2. SUMMARY STATEMENT: The proposed resolution declares an emergency to pursue an amendment to the Kent comprehensive plan outside of the regular cycle in order to establish a land use designation for the impoundment reservoir property. Initial zoning of the property also will be established. The impoundment reservoir consists of approximately 157 acres and is located at the northwest corner of the intersection of SE 300 Street and 120 Avenue SE, outside our municipal boundaries. The City no longer needs this property for water utility purposes and is preparing R for sale. 3. EXHIBITS: Staff metro and resolution 4. RECOMMENDED BY: Planning Committee 6/17/03 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_ YES X 6. EXPENDITURE REQUIRED: $100,000 to 120,000 for associated environmental review SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: �Gi Councilmember � moves, Councilmember &,tk seconds to approve/disapprove the Planning Committee's recommendation to adopt Resolution No. /L!t(o declaring an emergency to pursue an amendment to the Kent comprehensive plan and zoning map in order to establish initial land use and zoning designations for the impoundment reservoir property. DISCUSSION: ACTION: Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES K E N T Charlene Anderson,AICP,Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: JUNE 10, 2003 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON,AICP, PLANNING MANAGER THROUGH MAYOR JIM WHITE SUBJECT: COMPREHENSIVE PLAN AMENDMENT, IMPOUNDMENT RESERVOIR EMERGENCY RESOLUTION #CPA-2003-2 & #CPZ-2003-1 SUMMARY: At their June 17'" meeting, the Planning Committee will consider a resolution declaring that an emergency exists and authorizing staff to Implement appropriate procedures to develop an initial comprehensive plan and zoning map designation for the Impoundment reservoir property The committee recommendation will be available at the Council meeting The City no longer needs this property for water utility purposes and intends to sell the property In order to sell the property to a willing buyer, the City must assign an appropriate comprehensive plan designation and zoning map designation Amendments to the comprehensive may occur no more frequently than once a year unless an emergency exists BUDGET IMPACT: $100,000 to$120,000 for associated environmental review MOTION: I move to approve/disapprove the Planning Committee's recommendation on adoption of a resolution declaring an emergency to pursue an amendment to the Kent comprehensive plan and zoning map in order to establish initial land use and zoning designations for the impoundment reservoir property BACKGROUND: In 1983 the City purchased and later annexed approximately 157 acres of property outside its boundaries for the purpose of constructing an impoundment reservoir for the City's water utility system Since then, many federal and state environmental regulations now make development for an impoundment reservoir impractical In addition, the City recently purchased additional water supply from the Tacoma P5 Pipeline project Therefore, the City no longer needs this property for water utility purposes and it is appropriate to sell the property and deliver the proceeds into the City's water utility account to defray costs of future rate increases In order to sell the property to a willing buyer, the City must assign an appropriate comprehensive plan designation and zoning map designation Kent City Code Section 12 02 035 authorizes amendments to the comprehensive plan more than once a year only if an emergency exists An emergency is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare There has been expressed a high level of interest in the purchase of the impoundment reservoir property, and the sale of the property under favorable market conditions will best protect the interests of the City's water utility and its customers Therefore, the attached resolution declares that an emergency exists and authorizes staff to implement the appropriate procedures to develop an initial comprehensive plan and zoning map designation for the impoundment reservoir property CA1pm S\Permn\PlanlCompPlanAmdments@0031impoundmentreservorrec6l703 doc Eric Resolution cc Charlene Anderson AICP,Planning Manager,Fred N Satterstrom,AICP,CD Director RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, declaring an emergency to pursue an amendment to the Kent comprehensive plan and zoning map, establishing the initial comprehensive plan and zoning designations for previously undesignated city-owned property WHEREAS, in 1983,the city of Kent purchased approximately 157 acres of property outside its then existing municipal boundaries for the purpose of constructing an impoundment reservoir for the city's water utility system, and WHEREAS, the city annexed this island of property as a municipal annexation, under the authorization of RCW 35A 14 300, and WHEREAS, over the intervening years, numerous new federal and state regulations, including sensitive areas regulations,wetlands regulations,and the Endangered Species Act, have made the development of this property for an impoundment reservoir impractical; and WHEREAS, in the Fall of 2002, the city purchased additional water supply from the Tacoma P5 Pipeline project,thereby alleviating much of the need for the additional water supply to be gained from the planned impoundment reservoir, and 1 Comp. Plan Amendment— Impoundment Reservoir Property WHEREAS,the city has determined that it no longer needs this property for water utility purposes,and it is now appropriate to attempt to sell the property at fair market value and to deliver the proceeds of that sale into the city's water utility account to defray costs of future water utility rate increases that would otherwise need to be imposed on the utility's customers, and WHEREAS,because this property was held for a municipal purpose,was not planned for any other type of future development, and was an island outside the city's potential annexation area, the city has never given this property any comprehensive plan designation, not has it given the property a zoning designation, except for a low-density default interim zoning designation under the Kent City Code; and WHEREAS, in order to facilitate the sale of the property to a willing buyer, the city must establish an appropriate comprehensive plan designation and zoning map designation, and WHEREAS,interested parties have indicated their interest in purchasing this property and, in order to obtain the best possible sale price for the city's water utility customers,the city must move quickly to capture favorable market conditions and proceed to a beneficial sale of the property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS- SECTION 1. Because a high level of interest has been expressed in the purchase of the impoundment reservoir property, and because the sale of the property under favorable market conditions will best protect the interests of the city's water utility and its customers, initial comprehensive plan and zoning map designations of the city of Kent's 2 Comp.Plan Amendment— Impoundment Reservoir Property impoundment reservoir property constitutes an issue of community-wide significance that promotes the public health,safety,and general welfare in accordance with the definition of an emergency as set forth in section 12 02.035 of the Kent City Code SECTION 2. The city council,therefore, declares that an emergency exists and authorizes staff to implement the appropriate procedures to develop an initial comprehensive plan and zoning map designation for the city of Kent impoundment reservoir property,ongmally incorporated for municipal purposes. PASSED at a regular meeting of the city council of the city of Kent,Washington this day of June, 2003. CONCURRED in by the mayor of the city of Kent, this day of June, 2003 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ,passed by the city council of the city of Kent, Washington, the day of June, 2003 BRENDA JACOBER,CITY CLERK(SEAL) P 1CivlMmiu[wn Cw pPI.A.rn ImpouoI.cmlmmoirdx 3 Comp. Plan Amendment— Impoundment Reservoir Property Kent City Council Meeting Date June 17, 2003 Category Other Business 1. SUBJECT: KENT STATION APPEAL, CLOSED RECORD HEARING (#SU-2002-9/KIVA #RPP3-2023555) 2. SUMMARY STATEMENT: This is a closed record appeal hearing of the decision of the hearing examiner, approving a preliminary plat for Kent Station applied for by Kent Station, LLC. The hearing examiner's Findings, Conclusion, and Decision were issued on January 30, 2003. 3. E ITS: Complete copy of the Hearing Examiner's record and Appellant's request for appeal are contained in a separate binder 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY CQUNCILACTION: Councilmember moves, Councilmember seconds to sustain/reverse/remand the Hearing Examiner's January 30, 2003, Findings, Conclusions, and Decision. DISCUSSION: ACTION: Council Agenda Item No. 7B Kent City Council Meeting Date June 17, 2003 Category Bids I. SUBJECT: I I ITH AVENUE SE SIDEWALK IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on June 6"' with five bids received. The low bid was submitted by Archer Construction, Inc. in the amount of$60,888.88. The Engineer's estimate was $72,925.33. The Public Works Director recommends awarding this contract to Archer Construction, Inc. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner,Commission, etc.) 5. MUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REOUIRED: $60.888.88 SOURCE OF FUNDS: R20103 7. CITY COUNCIL ACTION: Councilmember MAL moves, Councilmember Pil co seconds that the 111 th Ave SE Sidewalk Improvement Project contract be awarded to Archer Construction, Inc. for the low bid amount of$60,888.88. DISCUSSION: ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 Fax 253-856-6500 KEN T Address 220 Fourth Avenue S WA$HINGTON Kent,WA 98032-5895 DATE: June 7, 003 TO: M hite and Kent City Council FROM: Don ickstrom, Public Works Director SUBJECT: I I Vh Ave S E Sidewalk Improvements SUMMARY: Bid opening for this project was held on June 6ih with five bids received The lowest bid was submitted by Archer Construction Inc , in the amount of$60,888 88 The Engineer's estimate was $72,925 33 The Public Works Director recommends awarding this contract to Archer Construction Inc Bid Summary Archer Construction, Inc $60,888 88 Westwater Construction Co $78,289 60 Dennis R Craig Construction, Inc S79,852 86 King Construction Co ,Inc $80,723 82 M B Diddy Construction, Inc $86,174 40 Engineer's Estimate $72,925 33 BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact MOTION: Councilmember moves, Councilmember seconds that the I I Ith Ave S.E. Sidewalk Improvements contract be awarded to Archer Construction, Inc for the low bid amount of$60,888 i Mayor White and Kent City Council I I Vh Ave S E Sidewalk Improvements-Award Bid June 17,2003 I REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES MAY 20, 2003 COMMITTEE MEMBERS PRESENT- Chair Rico Yingling, Leona Orr, Tim Clark STAFF PRESENT. Mike Martin, May Miller, Lon Flemm, Kathenn Johnson, Cliff Craig, Tom Brubaker, Judy Woods, Jean Anderson, Jackie Bicknell PUBLIC PRESENT: Debbie Raplee, Ted Nixon, Toby Sells The meeting was called to order by Chair Rico Yingling at 4 05 P M Clark Lake Park Agreement was added to the agenda Approval of Minutes of Mav 6, 2003 Committee Member Leona Orr moved to approve the minutes of May 6, 2003. The motion was seconded by Committee Member Tim Clark and passed 3-0. Approval of Vouchers Dated Mav 15, 2003 Tim Clark moved to approve the vouchers dated May 15, 2003 The motion was seconded by Leona Orr and passed 3-0 Transfer of Unoblieated Communitv Development Block Grant Funds— Interlocal Agreement Human Services Manager Kathenn Johnson said the City of Kent was now an Entitlement Junsdiction and would receive funds directly from HUD into a dedicated line of credit A balance of$171,805 remains with King County from 2002 Kent CDBG funds, which includes $116,002 for the One Stop Human Services Center and $55,803 for the 2002 Home Repair Program In.order to transfer that money from the count},to the City of Kent, by statute there must be a separation agreement that would define how the transfer would happen The signed agreement must be forwarded to HUD for the funds to be transferred into the City of Kent's Line of Credit. Leona Orr moved to recommend that Council authorize the Mayor to sign the agreement with King County to transfer unobligated Community Development Block Grant funds to the City's HUD Line of Credit. The motion was seconded by Tim Clark and passed 3-0. Resolution Sutwortine KDP's Petition to Trader Joe's Chief Administrative Officer Mike Martin explained that the Kent Downtown Partnership was circulating a petition for presentation to Trader Joe's grocery stores to convey the interest of those working and living in Kent of their desire to see a Trader Joe's specialty grocery located in downtown Kent. The purpose of the resolution is to help support the KDP's effort Toby Sells, 336 Summit Ave N, Kent, representative from the KDP, said some research had been done on Trader Joe's, and citizens and businesses were asked their opinion of having a Trader Joe's in downtown Kent Comments were favorable and so a petition was circulated As of Operations Committee,5/20/03 2 yesterday, 3700 signatures had been gathered. The KDP would like to obtain an additional 2,000 signatures so they can send about 5,000 signatures to Trader Joe's headquarters. Leona Orr commented that she didn't know if it was appropriate for the City Council to take a position of supporting this kind of resolution as it might send a wrong message to other businesses that might be interested in locating in Kent She said she, personally, would love to see a Trader Joe's in downtown Kent. Tim Clark concurred with Councilmember Orr and said he thought it would be inappropnate since the nature of a petition should be from the citizens. Leona Orr moved that the Trader Joe's Resolution go to the full Council for a full discussion of the Council to find out where the Council stands. The motion was seconded by Rico Yingling and passed 2-1. Tim Clark voted against the motion. Mike Martin confirmed the item would go to Council on June Yd under Other Business Clark Lake Park Agreement Parks Planning and Development Superintendent Lon Flemm said a$30,000 grant was received from the Community Salmon Fund in November 2002 to restore Clark Lake outfall and create a better habitat for wildlife. A portion of the fee would be grant funded and the remainder, $25,650, would be funded in the Capital Facilities Plan that was adopted last December. There is no additional budget impact Tim Clark moved to recommend authorizing the Mayor to sign the Clark Lake Park Agreement with Aquatic Resource Consultants to develop a Conceptual Plan to assess the aquatic life and outfall of Clark Lake. The motion was seconded by Leona Orr and passed 3-0. April Finance Report Finance Director May Miller gave a Power Point Presentation on the 2003 Apn] Financial Summary. (For more detailed information please refer to hand out.) Ms. Miller said the Fund balance was still expected to be around $2 million less than what was budgeted. The year 2003 was started with a fund balance of$358,700 less than expected, and revenue continues to worsen. The City will be $1.7 million short in revenue. All of the expenditures and savings from vacancies and layoffs will be a positive to the General Fund of about $167,599. The expected shortfall will be $2,093,041 • Sales tax through April was down$412,208 or 7 8%. • Utility tax through April was down $231,908 or 7 6%. That primanly comes from a gas rate decrease of 30% and may be partly offset with a proposed increase in April. Telephone revenues were $18,429 or 2.7% less than last year. • Building permits were over budget 7.1%. • Plan Check fees were up 27 1%through April • Fines and Forfeits, through April, were up 14 6% • Recreation Fees, through Apnl,were up 10.3%. The graph shows the budget, right now, as being down only 2.1%in revenue. Every revenue is looked at individually, and some of those come in later in the year. Estimates are that sales tax Operations Cornnuttee,5/20/03 3 will continue to be 7 8% under for the entire year Positive areas in sales tax are in the retail trade, and the negative areas are in services and wholesaling On the expenditure side, the first two months were over budget Expenditures year-to-date are 0.7% under the budgeted trend • Medical expenses continue to exceed the budget by about $1 million Those were budgeted at 29% last year and, currently, the level is coming in at an amount high enough that there will have to be a mid year budget change to increase the amount going into the Medical Fund to pay claims Ms. Miller went over the Sales Tax graph Information in the Summary Financial Report (Refer to the handout for detailed information) The meeting was adjourned at 4 43 PM Jackie Bicknell Council Secretary SPECIAL PUBLIC SAFETY COMMITTEE MINUTES MAY 199 2003 COMMITTEE MEMBERS PRESENT Chair Connie Epperly, Julie Peterson, Rico Yingling STAFF PRESENT Jim Schneider, Ed Crawford, Pat Fitzpatrick, Debra Leroy, Chuck Miller, Jackie Bicknell PUBLIC PRESENT: Debbie Raplee, Ted Nixon The meeting was called to order by Chair Connie Epperly at 4 03 P M Approval of Minutes of April 8, 2003 Committee Member Julie Peterson moved to approve the minutes of April 8, 2003 The motion was seconded by Connie Epperly and passed 2-0. State of Washington Department of Health Grant—Accept Fire Chief Jim Schneider said the City of Kent had received a grant from the State of Washington Department of Health in the amount of$4,000 The grant monies were provided through the Civilian Fire Safety Corp and will be used to purchase the Bic's "Play safe, Be safe!"curriculum, and to train local daycare and pre-school teachers how to teach the program to their students Julie Peterson moved to recommend that Council accept the grant from the State of Washington Department of Health in the amount of$4,000 and that the Fire Department be authorized to apply said grant monies towards the purchase of Bic's "Play safe'.Be safe!" curriculum. The motion was seconded by Connie Epperly and passed 2-0. Ms Epperly asked that Committee Member Rico Yingling be contacted for his concurrence Donation of Surplused Fire Engine Jim Schneider said that in February, 2002, the City Council authorized the Fire Department to sell two 1986 Pierce engine/aid units to the highest bidder. One unit was sold,but since that time the other unit has been advertised for sale numerous times in trade publications without any offers having been received. Recently, SHB1494 legislation was enacted which authorizes municipalities to sell, lease, or donate equipment and apparatus to foreign entities without any strings attached A request has been received to donate this unit to Peru A number of fire departments within the state are also donating fire apparatus to Peru, and the units will all be shipped from Poriland sometime in early June Julie Peterson moved to recommend that this item be placed on the Consent Calendar of the May 20i" Council Meeting recommending that the Fire Department be granted authority to donate a previously surplused 1986 Pierce Engine/Aid Unit (apparatus 712, VIN#040115) to the foreign entity of Peru. The motion was seconded by Connie Epperly and passed 2-0. Ms Epperly asked that Rico Yingling be contacted for his concurrence. Public Safety Committee, 5/19/03 2 Washington Traffic Safety Commission Grant—Accept and Amend Budget Deputy Police Chief Chuck Miller said that the Washington Traffic Safety Commission(WTSC) had awarded the City of Kent a grant in the amount of$5,000 to fund officer overtime for the seat belt enforcement program, "Click It Or Ticket",which will run from May 19'h to June 19`h There has been a significant drop in injuries and fatalities with the increased enforcement of the seat belt laws, and the goal is 100% compliance Julie Peterson moved to accept the Washington Traffic Safety Commission grant in the amount of$5,000, and to establish the budget documents as required. The motion ivas seconded by Connie Epperly and passed 2-0. Ms. Epperly asked that Rico Yingling be contacted for his concurrence. DARE Transfer of Funds Chief Chuck Miller said the existing DARE (Drug Awareness Resistance Education) funds of $14,841.98 would be transferred to the SEO (School Education Officer) Program The funds would be used for repair of a seized vehicle, to purchase a trailer to transport educational equipment (Scooterville), and for program materials for the various schools The SEO Officer will go out to the schools and may work traffic violations that occur while the children are arriving at school, or go into the classroom to handle specific behavior problems and to teach the children self esteem and how not to be victims Julie Peterson moved to recommend that Council approve the transfer of funds from the DARE account to the SEO account. The motion nas seconded by Connie Epperly and passed 2-0. Ms Epperly asked that Rico Yingling be contacted for his concurrence Safe House Mini Grant—Accept and Amend Budget Chief Chuck Miller said that the Safe House Mini grant a as a continuing grant that the City had been receiving through the King County Community Organizing Program The grant money in the amount of$500 will be used to provide vouchers for emergency housing and food for victims of domestic violence Julie Peterson moved to recommend that Council approve the request to accept the $500 mini grant from King County Community Organizing Program, and to establish budget documents as required. The motion nas seconded by Connie Epperly and passed 2-0. Ms Epperly asked that Rico Yingling be contacted for his concurrence COPS Homeland Securitv Overtime Program Grant—Authorize Application Chief Chuck Miller said the COPS (Community Onented Policing Service) Grant was for $53,000, and would require a one fourth match from the City of$13,305 Potential sources for the match requirement could come from the FY2003 Federal Local Law Enforcement Block Grant Program or police department project funds. The grant would provide additional overtime for officers working in activities focused on homeland security, and violent and drug-related crimes. The funding would ensure that the Kent police officers assigned to the King County Intelligence Group and the King County Violent Crimes Task Force could coordinate and respond promptly to developments on major crime cases It would also fund additional training Public Safety Committee,5/19/03 3 exercises and callouts for the Kent Police Civil Disturbance Unit and Valley Special Response Team Julie Peterson moved to recommend that Council authorize the Kent Police Department's application for the COPS Homeland Security Overtime Program Grant. The motion was seconded by Connie Epperly and passed 2-0. Committee Member Rico Yingling arrived at this time and gave his concurrence Kent Drinking Driver Countermeasure Program Grant— Accept and Establish Budget Chief Chuck Miller said the Kent Police Department had been involved in the Kent Drinking Driver Program for about 20 years Staff has applied for a grant titled, Kent Drinking Drier Countermeasures Program, in the amount of$65,750 from the Washington State Traffic Safety Commission which, along with some matching funds from the City that are already in place, would pay for the employees involved in the program Rico Yingling recommended that Council accept the Washington Traffic Safety Commission Grant in the amount of$65,750 and establish the budget documents as required. The motion was seconded by Julie Peterson and passed 3-0. Valley Response Team Interlocal Aereement Police Chief Ed Crawford said that about 2-3 years ago, the Kent Police Department joined the Valley Response Team made up of officers from Auburn, Renton, Kent, Tukwila, Federal Way, and the Port of Seattle. There are 50 people on the team including the commanders Each agency submits seven people and a supervisor The team responds to emergency response calls throughout the valley in incorporated areas, serving about 300,000 people Chief Crawford said there needs to be an mterlocal agreement between the cities in order to deal H ith issues that may involve liability and other functions to ensure they are handled in a uniform way If negligence is found as a group, all are considered party to the event and would pay equally in an assessment adjudicated toward the cities The Washington Cities Insurance Authority has approved the agreement. Each city pays $4,000 for training of team members and maintenance of the three vehicles involved, and each city pays its own cost regarding its own personnel and those costs associated with callouts and other types of on-duty functions. The fiscal side of the team is handled by the City of Federal Way, and the chair is the Auburn Chief of Police Rico Yingling recommended that Council approve the mterlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the creation of the Valley Special Response Team. The motion was seconded by Julie Peterson and passed 3-0. Law Enforcement Mutual Aid mterlocal Aereement Chief Ed Crawford said that federal government First Responder Reimbursement Funding was available to local jurisdictions with plans for response and coordinated mutual aid agreements The Washington Association of Sheriffs and Police Chiefs (WASPC)have developed the plan (modeled after the statewide Fire Service Plan) and presented it to the legislature. Under it, if there is a regional mutual aid callout which is declared by a higher authority (the Governor's Office), then federal or state funds would be available as remuneration for the expense. The Public Safety Committee,5/19/03 4 cities have traditional mutual aid throughout the state where the costs are absorbed by the individual cities,but this is the first interlocal agreement Julie Peterson moved to recommend that Council approve the Interlocal Cooperative Agreement to Provide Law Enforcement Mutual Aid and Mobilization between the Cities of King County,the University of Washington Police, and King County. The motion-,vas seconded by Rico Yingling and passed 3-0. The meeting adjourned at 4:37 PM. Jackie Bicknell Council Secretary PUBLIC WORKS COMMITTEE MINUTES MAY 199 2003 COMMITTEE MEMBERS PRESENT Chair Tim Clark, Julie Peterson, Rico Yingling STAFF PRESENT- Don Wickstrom, Gary Gill, Tom Brubaker, Mike Martin, Nathan Torgelson, Jackie Bicknell PUBLIC PRESENT: Debbie Raplee, Ted Nixon The meeting was called to order by Chair Tim Clark at 5.00 P M Approval of Minutes of Mav 5, 2003 Committee Member Rico Yingling moved to approve the minutes of May 5, 2003 The motion was seconded by Committee Member Julie Peterson and passed 3-0 Kent Commuter Rail Station Garage—Operation and Maintenance Agreement Economic Development Manager Nathan Torgelson said that Sound Transit's original intention was to build a surface parking lot and the City had negotiated with them and contributed $4 million towards a structured Sounder parking facility which was more in line with the City's vision for the downtown The Operation and Maintenance Agreement allows the general public to use the garage for non-rail commuting purposes on weekdays, after the last train leaves in the morning, and during all operating hours on the weekends The City has negotiated with Sound Transit to have the City assume the operation and maintenance costs for any increase in use of the garage that is directly attributable to general commuters The estimate for those costs is between $75,000 and $100,000 a year. Negotiations are underway with the Kent Station developer to have them assume the costs as part of the Kent Station project, and there should be no budgetary impact to the City At the last Public Works Committee meeting, the Offsite Improvements Agreement with Sound Transit was reviewed, and the intention is to take that agreement and the Operations and Maintenance Agreement to the full Council on June 3`d as one package Julie Peterson moved to recommend that the Council approve the Operation and Maintenance Agreement for use of the Kent Commuter Rail Station Garage. The motion was seconded by Rico Yingling and passed 3-0. Union Pacific Railroad Agreement—Highwav Crossing at MP 166.66 Public Works Director Don Wickstrom said the city was installing a traffic signal at the intersection of 74ih Avenue South and West Willis Street(SR516)to improve access into the industrial area located south of Willis Street The agreement with the Union Pacific Railroad covers the $187,000 cost associated with a traffic light pre-emption to the Public Works Comrtuttee, 5119103 2 existing crossing signal system LID 329 has been formed and property owners are aware of the updated costs associated with the signal project. Rico Yingling moved to recommend that Council authorize the Mayor to sign the Improvement of Existing Public Highway Crossing at NIP 166.66 —Seattle Subdivision Agreement with Union Pacific Railway Company to cover costs associated with a traffic light pre-emption to existing crossing signal system, subject to the Public Works Director and the City Attorney's concurrence of the language therein. The motion was seconded by Julie Peterson and passed 3-0. The meeting adjourned at 5:12 PM. Jackie Bicknell Council Secretary CONTINUED COMMUNICATIONS A. 0 '63 � EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION A)