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Home My WebLink AboutCity Council Meeting - Council - Agenda - 04/17/2007 7 City of Kent CityCouncil Meeting r x Agenda April 17, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President 1 Councilmembers it Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas O KENT W A 5 H I N G T O N City Clerk's Office KENT CITY COUNCIL AGENDAS K E N T April 17, 2007 W^s H I�G T O� Council Chambers MAYOR- Suzette Cooke COUNC[LMEMBERS• Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. 2008 Budget Robert Nachhnger 60 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Swearing In of Police Officers Peter J. Stewart and John T. Ross D Public Safety Report E. Introduction of Appointee 5. PUBLIC HEARINGS A. Local Improvement District 362, East Valley Highway, SR 167-S. 212th Street, Formation— Ordinance 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills —Approve C. King County Office of Emergency Management Grant—Accept and Authorize D. Sanham Emergency Equipment, Inc. Agreement—Authorize r (Continued) COUNCIL MEETING AGENDA CONTINUED E. Bauer Compressors, Inc Contract—Authorize F. Parking Stalls on East Side of Fourth Avenue North of Titus Ordinance—Adopt G. Valley Special Response Team Interlocal Cooperative Agreement—Authorize H. Prohibiting Vehicle Trespass Ordinance—Adopt I. Prohibiting the Tampering or Interfering with Property of Another Ordinance— Adopt J Exotic Animals as Service Animals for Disabled Persons Ordinance—Adopt K. Taxicab and Vehicles For-Hire Regulation Ordinance and Interlocal Agreement with King County—Adopt and Authorize L. Falkner Short Plat Bill of Sale—Accept M. Silver Creek Estates Short Plat Bill of Sale—Accept N. Blakely Place Short Plat Bill of Sale—Accept O. Beall Short Plat Bill of Sale —Accept P. Park View Plat Bill of Sale—Accept Q. Henderson Short Plat Bill of Sale —Accept R Vista Landing Rezone Decision Resolution— Adopt (QUASI-JUDICIAL) S. Bicycle Advisory Board Appointment—Confirm 7. OTHER BUSINESS None 8. BIDS A. Town Square Plaza 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS II. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A Property Negotiations 12. 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 and complete packet are on the City of Kent web site at www.ci kent wa us An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253) 856-5725. 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L Cl`n J c p J J3vGw ,5O O � O c O ,C N J S N irn Fay CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i 1 i i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) SWEARING IN OF POLICE OFFICERS D) PUBLIC SAFETY REPORT E) INTRODUCTION OF APPOINTEE Kent City Council Meeting Date April 17, 2007 Category Public Hearings 1. SUBJECT: LOCAL IMPROVEMENT DISTRICT 362, EAST VALLEY HIGHWAY, SR 167-S. 212TH STREET, FORMATION— ORDINANCE 2. SUMMARY STATEMENT: This date has been set for consideration of an ordinance that establishes Local Improvement District(LID) 362, East Valley Highway, SR 167-S 212th Street The East Valley project has been on our 6-year Transportation Improvement Plan (T.I.P ) for widening and rehabilitation of the pavement. The Design Engineering Section has been very successful in obtaining grants for the project and has so far received 5 grants totaling just over 2 million dollars from 3 funding partners. Properties representing 37 percent of the assessment have signed no protest L.I.D. Covenants and Environmental Mitigation Agreements for road improvements Pursuing the fonnation of LID 362 will benefit properties being assessed a share of the project cost 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`? N/A Revenue? N/A Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds to adopt Ordinance No authorizing the formation of Local Improvement District 362, East Valley Highway, SR 167-S. 212th Street, providing for widening and improvements DISCUSSION: ACTION Council Agenda ` Item No. 5A i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, ordering the construction or installation of curbs, gutters, sidewalks, driveways, storm drains, street illumination, landscaping, slope protection, sanitary sewer extensions and/or stubs to certain unserviced properties and water stubs to certain unserviced properties, underground power and necessary appurtenances relating to the overall project of the addition of two additional lanes on East Valley Highway from SR 167 to South 212th Street, all in accordance with Resolution No. 1749 of the City Council; establishing Local Improvement District No 362 and ordering the carrying out of the proposed improvements, providing that payment for the improvements be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds", and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. RECITALS A. Pursuant to Resolution No. 1749 adopted March 20, 2007, the City Council declared its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, storm drains, street illumination, landscaping, slope protection, sanitary sewer extensions and/or stubs to certain unserviced properties and water stubs to certain unserviced properties, underground power and necessary appurtenances relating to the overall project of the addition of two additional lanes on East Valley Highway from SR 167 to South 212th Street, and fixed April 17, 2007, at 7.00 p.m., local time, in the council chambers of City Hall as the time and place for hearing all matters relating to the proposed improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements; and B. The City's Public Works Director caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to 1 LID 362 Formation Ordinance the City Council, together with all papers and information in his possession touching the proposed improvements, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvements should be borne by the property within the proposed district; and C. That estimate is accompanied by a diagram of the proposed improvements showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and D. Due notice of the above hearing was given in the manner provided t by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all persons appearing at such hearing and wishing to be heard were heard; and E. The City Council has determined it to be in the best interests of the City that the improvements as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. The City Council of the City of Kent, Washington, orders 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 or installation of curbs, gutters, sidewalks, driveways, storm drains, street illumination, landscaping, slope protection, sanitary sewer extensions and/or stubs to certain unserviced properties and water stubs to certain unserviced properties, underground power and necessary appurtenances relating to the overall project of the addition of j two additional lanes on East Valley Highway from SR 167 to South 2121" Street. 2 LID 362 Formation Ordinance All of the foregoing shall be in accordance with the plans and specifications therefore prepared by the City's Public Works Director, and may be modified as long as such modification does not affect the purpose of the improvements. SECTION 1. There is created and established a local improvement district to be called Local Improvement District No. 362 of the City of Kent, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit A, attached hereto and by this reference incorporated herein. The improvements are described in Exhibit B. SECTION 3. The total estimated cost and expense of the improvements is declared to be $5,317,337. Approximately $669,509 of which cost and expense shall be paid by the City, approximately $2,224,892 of that cost and expense shall be paid by grants and the balance thereof (an estimated $2,422,936) of the cost and expense shall be borne by and assessed against the property specially benefited by such improvements included in the District, which embraces as nearly as practicable all property specially benefited by such improvements. SECTION 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments that may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. SECTIONS. No property, any portion of which is outside the District, may connect to those utility improvements constructed or made a part of such District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment, which shall be at least the equivalent of those assessments that would have been applied to that property had it been included within that District. SECTION 6. Local improvement district warrants may be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 362, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter 3 LID 362 Formation Ordinance by the City's Finance Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW, or for interfund loans. If the City shall authorize expenditures to be made for such improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvements in a principal amount not exceeding $2,422,936. The City is authorized to issue local improvement district bonds for the District that shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty (20) days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate, and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. 4 LID 362 Formation Ordinance i SECTION 7. For the purpose of paying all or a part of the costs of carrying out the improvements within the District pending the receipt of the proceeds of the issuance and sale of the bonds, short-term obligations referred to in Section 5, or interfund loans from the General Fund, Street Fund and/or Sewer Fund to the Local Improvement Fund in the maximum aggregate amount of $2,422,936 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or short-term obligations from the proceeds thereof. Any such interfund loans shall bear interest at a variable rate, adjusted the 15th and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the 15th and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. SECTION S. In all cases where the work necessary to be done in connection with the making of such improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. SECTION 9. The Local Improvement Fund for the District is created and established in the office of the Finance Director of the City. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvements and cash warrants in payment for all other items of expense in connection with the improvements shall be issued against the Local Improvement Fund. SECTION 10. Within fifteen (15) days of the passage of this ordinance there shall be filed with the Finance Director of the City the title of the improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvements to be borne by each lot, tract or parcel of land. The Finance Director of the City 5 LID 362 Formation Ordinance t immediately shall post the proposed assessment roll upon the index of local improvement assessments against the properties affected by the local improvement. SECTION 11. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 12. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 13. - Effective date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY APPROVED AS TO FORM: FOSTER PEPPER PLLC Special Counsel and Bond Counsel 6 LID 362 Formation Ordinance PASSED: day of , 2007. APPROVED: day of , 2007. PUBLISHED: day of , 2007. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARY SIMMONS, ACTING CITY CLERK P\Civil\Ordinance\I1D36ZFormation DOC t T f 7 LID 362 Formation Ordinance Exhibit A L.I.D. Boundary Description L.I.D. 362 — East Valley Highway Improvements (SR 167 to S. 2121h Street) Those portions of the southeast quarter and the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M., and the southwest quarter and the northwest quarter of Section 7, Township 22 North, Range 5 East, W.M., all in King County, Washington, described as follows. Commencing at the southwest section corner of said Section 7; thence northerly, along the line common to said Sections 7 and 12, to the easterly prolongation of the south line of Lot 2, Kent Short Plat SP 75-1, recorded under King County Recording Number 7503310529 and the TRUE POINT OF BEGINNING; thence westerly, along said prolongation and the south line of said Lot 2, to the west line of said Lot 2; thence northerly, along the west line of said Lot 2 and its northerly prolongation, to the south line of Lot 3, Kent Short Plat SP 76- 31, recorded under King County Recording Number 7705090836, thence westerly, along the south line of said Lot 3, to the east line of Lot 2 in said short plat; thence northerly, along the east line of said Lot 2 to the north line thereof; thence westerly, along said north line, to the east line of Lot 1, Kent Short Plat SP 79-13, recorded under King County Recording Number 8001151017; thence northerly, along said east line, to the north line of said Lot 1; thence westerly, along said north line, to the east line of Lot 5, Shinn's Home Addition to Kent, as recorded in Volume 7 of Plats, page 22, records of King County; thence northerly, along said east line, to the north line of said plat; thence westerly, along the north line of said plat, to the easterly margin of the Burlington Northern and Santa Fe Railroad right of way; thence northerly, along said easterly margin, to the westerly prolongation of the centerline of vacated South 2181h Street; thence easterly, along said prolongation and centerline, to the west line of Lot 3, Kent Five Acre Tracts as recorded in Volume 10 of Plats, page 19, records of King County; thence northerly, along said west line, to the north line of said Lot 3; thence easterly, along said north line, to the east line of Lot A, Kent lot Line Adjustment LL 94-13, recorded under King County Recording Number 9406070431; thence northerly, along said east line to an angle point in said east line; thence continuing along said east line, westerly to an angle point in said east line; thence northerly, along said east line and its northerly prolongation to the north margin of South 216th Street; thence westerly, along said north margin, to the west line of Parcel 4, Kent Short Plat SP 77-38, recorded under King County Recording Number 7811080733; thence northerly, along said west line, to the north line of said short plat; thence easterly, along the north line of said short plat, to the west line of the Clow-Knight Kent Short Plat recorded under King County Recording Number 7611180568; thence northerly, along said west line, to the north line of said short plat; thence easterly, along said north line and its easterly prolongation, to the west line of said Section 7; thence southerly, along the west line of said Section 7, to the north line of the south 767.62 feet of Government Lot 2 in said Section 7; thence easterly, along said north line, to the east line of the west 755.65 feet of said Government Lot 2 as described in Kent Lot Line Adjustment LL 91-8 , recorded under King County Recording Number 9106110299; thence southerly, along said east line and its southerly prolongation to the south line of Lot 10, Shinn's Cloverdale Addition to Kent as recorded in Volume 6 of Plats, page 52, records of King County; thence westerly, along said south line, to the west line of the east one acre of Lot 9, Shinn's Cloverdale Addition, thence southerly, along said west line and its southerly prolongation, to the southerly margin of South 218th Street; thence easterly, along said southerly margin, to the west line of Lot 12, Shinn's Cloverdale A - 1 LID 362 Formation Ordinance Addition; thence southerly, along said west line, to the north line of Lot 13, Shinn's Cloverdale Addition; thence easterly, along the north line of said Lot 13 and Lot 16 in said plat, to the east line of the west half of said Lot 16; thence southerly, along said east line, to the easterly prolongation of the south line of Lot 5, Shinn's Cloverdale Addition; thence westerly, along said prolongation and the south line of said Lot 5, to a point 485 feet east of the northwest corner of Lot 4, Shinn's Cloverdale Addition; thence southerly, along the east line of the west 485 feet of said Lot 4, to the south line of said Lot 4; thence westerly, along said south line, to the east line of the west 277 feet of Lot 3, Shinn's Cloverdale Addition; thence southerly, along said east line to the northerly margin of South 222Id Street; thence westerly along said margin and its westerly prolongation, to the west line of said Section 7; thence southerly, along said west line to the TRUE POINT OF BEGINNING. i i r j A-2 LID 362 Formation Ordinance Exhibit B Description of Improvements L.I.D 362 — East Valley Highway Street and Utility Improvements (SR 167 to S. 212`h Street) Roadway Improvements: Currently, East Valley Highway is a 5 lane road with 2 lanes in each direction and a center turn lane. A third through lane exists at some locations but tapers back to 2 lanes. The project will improve and rehabilitate East Valley Highway to the City principal arterial standard. The roadway improvements include: • Widening to 7 lanes (3 lanes each direction with a center turn lane). • Installation of cement concrete sidewalks where sidewalks do not currently exist and replacement of existing sidewalks where the road is being widened. Included is sidewalk installation on the north side of S. 2161h Street from East Valley Highway to approximately 565 feet west of the center line of East Valley Highway to connect to the existing sidewalk. • Deteriorated portions of the existing roadway pavement will be removed and replaced. • The entire roadway area will receive an asphalt overlay. • Catch basins and storm drains, driveway approach aprons and curb and gutter will be replaced where necessary • Traffic signals will be modified and upgraded to accommodate the widened road • Existing utilities and other improvements such as fire hydrants, power poles, street light poles, mailboxes, fences and signs will be relocated or adjusted as necessary. • New channelization. • Traffic signing. • New illumination system. • Additional storm drainage including storm water detention and water quality facilities. • Street trees and hydroseeding. • Temporary erosion and sedimentation control facilities during construction. ON FROM TO East Valley Highway SR 167 S. 212th Street (aka 84th Ave. S.) Sanitary Sewer Improvements: Eight currently unserviced properties will receive eight inch diameter sanitary sewer extensions and/or six inch diameter stubs to the property line. Water Main Improvements: I Three currently unserviced properties will receive eight inch diameter water stubs from the existing water main to the property line. r B-1 LID 362 Formation Ordinance i CERTIFICATION 1 I, the undersigned, Acting City Clerk of the City of Kent, Washington, hereby certify as follows: 1. The attached copy of Ordinance No. is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2007, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five (5) days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a ma]ority of those members present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. CITY OF KENT, WASHINGTON MARY SIMMONS, Acting City Clerk 1 1 i 1 1 i 1 CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through S Discussion Action ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 3, 2007, with a correction to the minutes of March 6, 2007, Consent Calendar Item M, Ordinance No 3831 should be Ordinance No. 3830. 6B. Approval of Bills. Approval of payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 3, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/07 Wire Transfers 2785-2803 $1,362,936.01 3/31/07 Regular 606089-606508 3,142,497.33 Use Tax Payable 3,738.53 $4,509,171.87 Council Agenda Item No. 6 A-B t • Kent City Council Meeting T KEN April 3. 2007 ` WPSNINGTON The regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor Cooke. Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranniger, Raplee and Thomas. (CFN-198) ' CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-198) Mayor Cooke added Public Communications Item 4F, Employee of the Month Council President Ranniger added Other Business Item 7B, Potential Panther Lake annexation area. CAO Hodgson removed Bids Item 8A saying it will be brought back at the next Council meeting and also removed the Executive Session. B ChanEes from the Public. (CFN-198) At the request of audience members Continued Communications Items A, B, and C were added PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Jeff Watling, Parks Director, announced that at a recent Northwest Festivals and Events Conference the City received two awards He then introduced Ronda Billerbeck, Cultural Programs Manager, and Dea Drake, Multimedia Manager Billerbeck 1 then gave a brief explanation of the awards B. Community Events. (CFN-t98) Council President Ranniger announced two events for Saturday April 14th, the first is Arbor Day, from 9-12 noon at West Fenwick Park, and second all day Saturday is Play Golf America Day at the Riverbend Golf Complex. C. Sister Citv Honors and Awards Presentation. (CFN-155) Councilmember Clark presented the winners of the 2007 Young Artists Showcase competition and asked Florence Amundsen, Chair of the Young Artists Showcase for the Kent Sister Cities, Mayor Cooke and Dr Grohe, Kent School District Superintendent, to distribute the awards and certificates to the students. D. Neighborhood Program Report. (CFN-198) Michelle Witham, Community and Public Affairs Manager, introduced Toni Azzola, the new Neighborhood Program Coordinator and gave a brief update on the status of the Neighborhood Program. E Disaster Preparedness Month Proclamation. (CFN-155) Mayor Cook declared April as Disaster Preparedness Month and presented the proclamation to Assistant Fire Chief Dominic Marzano. ADDED F Employee of the Month. (CFN-147) Parks Director Watling announced that Joan Broom has been chosen the Employee of the Month for April. CONSENT CALENDAR LRANNIGER MOVED to approve Consent Calendar Items A through M. Clark seconded and the motion carried 1 Kent City Council Minutes April 3, 2007 A. Approval of Meeting. (CFN-198) The minutes of the regular Council meetings of March 6 and March 20, 2007 were approved. B Approval of Bills. (CFN-104) Payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 20, 2007 were approved. Approval of checks issued for vouchers Date Check Numbers Amount , 3/15/07 Wire transfers 2764-2784 $1,939,991.97 3/15/07 Regular 605333-606088 2,100,851.15 Use Tax Payable 2,807.71 $4,043,650 83 Approval of checks issued for payroll for March 1 through March 15 and paid on March 20, 2007: , Date Check Numbers Amount 3/20/07 Checks 296440-296699 $ 207,379 59 3/20/07 Advices 2 1 0382-2 1 108 1 $1,319,133 34 Total Regular Payroll $1,526,512 93 C 2006 REETI Funds for Facilities Projects. (CFN-1263) The Mayor was authorized to approve the expenditure of funds from the 2006 REETI surplus to cover the cost of completing the Centennial Garage Seismic Project. The agreement stated that the City was responsible for additional materials and labor needed to complete the project. D. 2006 REET2 Funds for Facilities Projects. CFN-1149 The Mayor was authorized to t ( ) Y approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the Senior Center Greenhouse. E. 2006 REET2 Funds for Parks and Open Space Projects. (CFN-118) The Mayor was authorized to approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the East Hill Skate Park project F. 2006 REET2 Funds for Parks and Open Space Projects. (CFN-118) The Mayor was authorized to approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the West Fenwick Park project G. Speed Limit on 114th Avenue SE, Between Kent-Kangley Road & SE 269th Street. (CFN-171) Resolution No. 1750 relating to vehicular speed limits on certain designated streets on 114th Avenue SE between SE 267th Court and SE 269th Street, pursuant to Chapter 9.40 of the Kent City Code was adopted H. LID 353 Segregation Assessment. (CFN-1269) Resolution No 1751 which directs the Finance Director to segregate Assessment No 217 of Local Improvement District (LID) 353 into two assessments was adopted. 2 r Kent City Council Minutes April 3, 2007 I. Kent Rotary Donation for Trailer Purchase. (CFN-104) The Mayor was authorized to accept the $1,500 donation from the Kent Rotary Club Foundation to purchase a covered trailer and approve the expenditure of funds In the Kent Senior Activity Center budget. J. Green River Trail Donation. (CFN-104) The Mayor was authorized to accept the $300 donation from Bridgewater 4 in the Lakes Development for improvements made by Joey Witmer to the Green River Trail and approve the expenditure of funds in the Eagle Scout Projects budget. tK. Quota International of Kent Vallev Donation for Service Club Park. (CFN-104) The Mayor was authorized to accept the $6,000 donation from Quota International of Kent Valley and approve the expenditure of funds in the Service Club Park budget. L. Dena Laurent Memorial Garden Donation. (CFN-104) The Mayor was authorized to accept the $2,183.75 donation from Michael Sorenson, for the Dena Laurent Memorial Garden and approve the expenditure of funds in the Adopt-A-Park budget. M. S. 228th Street Riverview Boulevard Overpass. (CFN-1269) The S. 228°i Street Riverview Boulevard Overpass Project was accepted as complete and release retainage to Rodarte Construction, Inc. was authorized. OTHER BUSINESS A Vista Landina, Rezone. (CFN-121) The proposed ordinance relates to the proposed rezoning of approximately 3 acres of real property from Single Family Residential, 4 5 units per acre, to Single Family Residential, 6 units per acre The property is located at 10040 SE 267th Street. The Kent Hearing Examiner held a public hearing on February 21, 2007, and on March 6, 2007, issued Findings, Conclusions, and a Recommendation for approval, with the condition that any subsequent development proposals will limit subdivision to no more than thirteen (13) lots. City Attorney Brubaker explained the quasi-judicial process Each Council member then discussed the emails they had received. Councilmember Thomas recused himself stating that he lived in the area of the rezone. Brubaker asked audience members if there were no objections. Eric LaBrie, SM Consulting Engineers, 33915 1st Ave South, Suite 200, Federal Way, agent for the applicant, asked the City Attorney about a quorum and Brubaker recited the Washington law on this matter. LaBrie said that without having legal representation here tonight, they would not object to continuing There were no objections from the audience. Sharon Clamp, Planning Services, gave an overview of the project. She answered Council member's questions regarding environmental review, buffers, SR 4.5 and SR-6 designations, construction of sidewalks, increased traffic, compatibility to the neighborhood and the comprehensive plan. HARMON MOVED to reject the Findings, Conclusions and Recommendations of the Hearing Examiner, with conditions on the Vista Landing Rezone Raplee seconded. Raplee and Ranniger spoke in support of this motion. O'Brien and Clark spoke against this motion 3 Kent City Council Minutes April 3, 2007 r Harmon called for the question and the motion passed 4-2 with Albertson, Harmon, Ranniger, and Raplee in favor and Clark and O'Brien opposed ADDED ITEM B. Panther Lake Potential Annexation. (CFN-1309) Ranniger noted that Council directed staff to initiate a fact finding study about the potential impacts that might come from the proposed Panther Lake annexation area. She mentioned that this evening m workshop Council heard the first presentation of what some of those impacts might be, raising even more questions. RANNIGER MOVED to recommend that staff continue to gather information and continue to work with King County on the potential Panther Lake annexation in order to determine costs, benefits, and impacts to the City and to the Panther Lake annexation area residents and businesses, all as discussed at the April 3rd Council Workshop. Thomas seconded and the motion carried. BIDS B. LID 359: 116th Avenue SE Improvements (Kent-Kanglev Road to SE 256th Street). (CFN-1300) The bid opening for this project was held on March 27, 2007, with five bids received The low bid was submitted by Rodarte Construction, Inc. in the amount of $3,453,318 01. The Engineer's estimate was $3,705,347 53. Public Works Director Blanchard gave a brief presentation. RAPLEE MOVED to accept the bid by Rodarte Construction Inc in the amount of$3,453,318 01 for LID 359: 116th Avenue SE Improvements (Kent-Kangley Road to SE 256th Street). Harmon seconded and the motion carried REPORTS Council President. (CFN-198) Ranniger reiterated the article in the April 2007 Seattle Metropolitan Magazine where Kent is mentioned as the number one best place to live based on housing prices. Mayor's Report. (CFN-198) Mayor Cooke noted that in front of the Regional Justice Center there is a new kiosk sponsored by the Kent Downtown Partnership, City of Kent and the businesses in Kent Operations Committee. (CFN-198) Clark noted the report is in the minutes. Parks and Human Services Committee. (CFN-198) No report was given Planning and Economic Development Committee. (CFN-198) Harmon announced a special meeting will be held on April 23rd at 5 00 p m Public Safety Committee. (CFN-198) Thomas announced that the next meeting will be t Tuesday, April 10th at 5.00 p.m Public Works Committee. (CFN-198) Raplee announced the next meeting will be Monday, , April 16th at 5.00 p.m. r 4 r Kent City Council Minutes April 3, 2007 Administration. (CFN-961) Hodgson asked that the City Attorney talk about the Critical Areas Ordinance Appeal Brubaker gave an update on the appeal process and said he had received an email from the Clerk of the Supreme Court of the State of Washington saying that the Supreme Court, on its own motion, decided to take the case from the Court of Appeals and will hear it directly. He indicated that the date has not been set but will probably be in late May or early June and that the Supreme Court Chambers are located in Olympia and are open to the public. CONTINUED COMMUNICATIONS A. South Park. (CFN-198) Bailey Stober, 1326 E. James St.,passed out a packet of information regarding South Park Neighborhood concerns. Mayor Cooke suggested that the Neighborhood Council receive this information and have staff come up with solutions. Raplee asked that the Public Works Director bring traffic studies or speed studies to the next meeting of the Public Works Committee IB. Crime Protection. (CFN-122) Dennis Ryerson, 20051 SE 244th, Maple Valley, voiced concern regarding crime at his business and other businesses in Kent He proposed that Council hire more police. Mayor Cooke responded that Council has agreed to increase the number of officers and that it takes a year for a new recruit to become fully trained patrol officer. C East Hilt Crime. (CFN-122) Maureen Richter, 23651 104th, stated that she is a business owner up on 104th and 240th, and voiced concern about crime on the East Hill and about making businesses on the east hill a part of the community Mayor Cooke responded that there are options j like the Downtown Partnership where businesses get together and work on these issues Ranniger reiterated that it takes about a year to get a new officer due to the vigorous training process Chief Strachan also noted the hiring process and added that on April 1, Lt. Price was transferred to a newly created position of Recruiting and Personnel Lieutenant, her full time job is to actively recruit personnel as well as train both new and lateral officers. He mentioned the new mission statement that went into effect in the police department and the number one point is to aggres- sively fight crime, and second to impartially protect the rights of not only the accused but of the citizens Chief Strachan reiterated the strong support received from the Council and Mayor. RAPLEE MOVED to make the information from Bailey Stober be made a part of the record. Harmon seconded and the motion carried ADJOURNMENT The meeting adjourned at 9:10 p.m. (CFN-198) ' Mary Simmons Deputy City Clerk 5 Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT — ACCEPT AND AUTHORIZE 2 SUMMARY STATEMENT: Accept the King County Office of Emergency Management Homeland Security Sub-grant and authorize the Mayor to sign the contract to receive funds. The Emergency Management Division received a reimbursable grant not to exceed $100,000 from the King County Office of Emergency Management. The City will use this money for reimbursement, as identified in the Grant Application Proposal, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management, essential planning expansion to other jurisdictional disciplines, other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. The contract has been reviewed and approved by the City Attorney's Office. 3. EXHIBITS: Grant application proposal and sub-grant agreement contract 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" up to $100,000 Revenue? up to $100,000 Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00023.6XXXX.2150 Amount $100,000 reimbursable grant Unbudgeted Revenue: Fund V00023.53321 Amount $100,000 reimbursable grant 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C i I FIRE DEPARTMENT � � Jim Schneider, Fire Chief V K�N1 Phone 253-856-4300 Fax 253-856-6300 Address 24611 1161"Ave SE Kent,WA 98030-4939 1 DATE: April 10, 2007 TO: Public Safety Committee 1 FROM: Jim Schneider, Fire Chief ' MOTION: Move to recommend placing this item on the Consent Calendar of the April 17, 2007 Council Meeting, accepting the reimbursable grant monies not to exceed$100,000 and authorizing the Mayor to sign the contract with King County Office of Emergency Management 1 to receive the funds. SUMMARY: The Emergency Management Division received a reimbursable grant not to i ' exceed S100,000 from the King County Office of Emergency Management The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency- Management Directors and the Regional Disaster Plan. fiEXHIBIT: Grant Application Proposal Sub-grant Agreement Contract #-FFY06-SHSP-002 ' BUDGET IMPACT: None, this is a reimbursable grant Kent Council Public Safety Committee April 10,2007 Sub grant Agreement Contract#- I<f,1Y06-SHSP-002 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT PROJECT TITLE: : e 3 Reoiona/Coordinator THIS AGREEMENT is made and entered into by and between King County and the Kent. hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY06 'State 'Home/and Secud le'Grant P%v m, Catalog of Federal Domestic Assistance (CFDA) # 97.267--SHSP, State Contract# E077f74. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the ' DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D NOW THEREFORE, King County and the Subgrantee mutually agree as follows. 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget (Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from March 01, 2007 to March 31, 200 .. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be CM sta t/a/verde.-Program/Project MaaW L#at King County Office of Emergency Management The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee The Subgrantee's representative to this Agreement shall be Domi*A&M Al -`A istant,Chi f lgrgene My anagementwho will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided on the next page ' 1 Sub grant Agreement Contract# - tHtP-002 If to King County: Chnsta Valverde King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 206-296-3830 ' Christa.cole @metrokc:gov If to the Subgrantee: Dominic,Marzano City of Kent 24611 116th Ave SE..Kent:,WA----98030 (253) 856-4316 / Email dmarzano(a)ci kent wa=us ■ 4. REIMBURSEMENT REQUESTS AND PAYMENT , This is a reimbursement contract not to exceed $L9P00.00 (on ndred' d dollars and zero cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice and Progress Report forms, which will be provided to the Subgrantee , subsequent to execution of this Agreement Invoices for eligible costs incurred to date may be submitted monthly or quarterly Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. , King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. ' Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices Payment shall be sent to the , address designated by the Subgrantee on the invoice form King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or ' condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 2 ' Sub grant Agreement Contract#- FFY06-SHSP-002 ' 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. ' 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authorized by law. 7. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein New federal laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement By entering into this Agreement the Subgrantee agrees to implement the National Incident Management System (NIMS) per DHS requirements as outlined in the 2006 Homeland Security Grant Program Guidelines. The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, ' and/or policies This obligation includes, but is not limited to, laws, regulations and polices listed in this section and in Exhibit C. ' OMB Circulars The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and ' Indian Tribal Governments, OMB A-102, Grants and Cooperative Agreements with State and Local Governments, and A-133, Audits of States, Local Governments, and Non-Profit Organizations. ' Singe Audit Act Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all ' sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non- ' 3 Sub grant Agreement Contract#- YJ0 -S'HSP-002 ' federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an , audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement ' and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. Certification Regarding Debarment, Suspension, or Ineligibility , If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or ' voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification ' set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County The Subgrantee shall include the requirement in this section in any subcontracts. , 8. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules Up to ten percent (10%) of the total award amount may be , 4 Sub grant Agreement Contract#- FFY06-81ISP-002 shifted between approved budget object codes as contained in Exhibit B For amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work and falls within the grant requirements 9. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice Reasons for termination for cause may include but not be limited to material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year 10. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") ' brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement Claims shall include but not be 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 t In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 11. INSURANCE iSubgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence ' S Sub grant Agreement Contract# - FFY06-sH -bd and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees , shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section 12. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. 13. SEVERABILITY ' If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, , found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 14. APPROVAL , This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved ' THIS AGREEMENT, consisting of 6 pages and 3 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the , Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below �tlt KING COUNTY BY Name & Title Eric E. Holdeman, Director Date Date ' 6 ' O °"ftod '"^°"` EXHIBIT A King County Scope of Work°""��° Date: 02/06/2007 ' Revision #: 0 General Information Project Number: FFY06-SHSP-002 ' Project Title: Zone 3 Regional Coordinator Sub Grantee Name: City of Kent Contact Person: Dominic V Marzano Job Title: Assisatnt Chief/ Emergency Manager Address: 24611 1161h Ave SE, Kent, WA 98030 Phone: (253) 856-4316 ..... Fax: 253 856-4119 Email: dmarzanoCci keno wa us I 7 EXHIBIT A King County Scope of Work�""��0 Investment Justification Check the Investment Justification that best describes your project , ® Enhance Regional Collaboration and Sustain Existing Regional Programs ❑ Enhancement of Responder Team Capabilities to Operate in CBRNE Environment ❑ Sustained Citizen Corps Activities and Increased Public Education Efforts ❑ Critical Infrastructure Identification, Assessment, Planning and Target Hardening ❑ Build Regional Interoperable Communications Capabilities ❑ Law Enforcement Specialized Response and Investigation Resources ❑ Medical Response Capability Enhancements ❑ Analytical Support for Fusion Center and Regional Intelligence Groups ❑ Regional and State Agency NIMS Implementation Activities ❑ Development and Enhancement of Type III Incident Management Teams ❑ Animal Mass Depopulation and Disposal Plan Development and Execution ❑ Build Resource, Patient and Volunteer Tracking Systems for Status and Credentialing ❑ HRSA/Homeland Security Hospital Preparedness Integration ' ❑ Medical and Health Laboratory Capacity Enhancements ❑ Enhance CBRNE detection capabilities ❑❑ Public Education, Outreach and Volunteer Preparedness , Critical Infrastructure Protection ❑ Enhanced Explosive Device Response Capabilities ❑ Enhancement of Emergency Operations Technology ' ❑ Enhancement of Hazardous Materials Response Capabilities ❑ Regional Counter-Terrorist Center to improve Intelligence and Information Sharing ❑ Urban Wide Interoperable Communications ❑ Enhancement of Law Enforcement CBRNE Related Capabilities ❑ Implementation of a Patient, Resource and Volunteer Tracking System ❑ Increase Medical Surge Capability ❑ Implementation of NIMS & NRP ❑ Urban Area Coordination, Planning and Exercise ' ❑ UASI Program Sustainment & Management & Administration 8 i °"6ia1°"'°'Mftn*" EXHIBIT A King County Scope of Work"""�"0° Goal & Objective Use BOTH documents below to identify one Goal & Objective in each that best represents this project ' T The Washington Statewide Homeland Security Strategic Plan (Start at PAGE ; Goal 6.2 --- To manage the logistics of emergency resources to ' ' maximize response and recovery capability. ; 3 Ob]ective 6.2 . 1 --- Enhance the capability to coordinate, ' ; receive, store and distribute emergency response stockpiles, pre- , ; positioned equipment and mutual assistance resources. (Revised i 2005) fl Region 6 Homeland Security Strategic Plan (Start at PAGE 24) Goal C -----, Coordinate all emergency management plans. Regional coordination of homeland security planning efforts will increase interoperability and better define roles and responsibilities of all organizations. Objective 1 - - Complete and implement the Regional Disaster Plan. Tie together and de-conflict various plans, including UASI and Washington State plans For UASI Pn*ctv Use the document below to identify one Goal & Objective in each that best represents this project tM UASI Seattle-King County Urban Area Strategy. Excerpt from Goals and Objectives 1 9 EXHIBIT A King CountyScope of Work�""`��0 Project Description ' Describe your project using a maximum of two pages by answering ALL of the following ' questions separate/v: 1. Provide a description of your project (who /what/where /when /why / how). The Coordinator will facilitate Zone 3 operations through response discipline coordinators . Those disciplines include Law , Enforcement, Fire, Public Works, Public Information, Schools, Business, Water/sewer, etc. Initial efforts to build response guidelines has provided a foundation for key discipline coord-nator positions with a basic plan and core standards for equipment typing and resource allocations. The grant funds will , be used to pay a consultant to provide coordination to assist in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan (RDP) . 2. What is the purpose of the project? Provide a Zone coordinator to assist in the continued growth of ' ; existing discipline groups, resource management and essential , planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 , Emergency Management Directors and of the Regional Disaster Plan. 3 What problem does the project solve? ; This project will provide the Zone 3 cities an opportunity to ; continue to develop resources and response procedures, identify , . and form partnerships with additional discipline leaders in . , promoting a response environment to meet the needs of the Zone 3 ; community and citizens. This project will also contribute to ; improving interoperability between existing and new disciplines, ; groups, and regional partners utilizing existing communications ; and assisting with future communication assessments . 4 How does the project enhance local / regional homeland security and preparedness for CBRNE /Terrorist/WMD incidents? ; This project will continue to build on the foundation Zone 3 has ; , established to respond to these types of incidents by providing iresource management and multi-agency coordination within Zone 3 , ; as well as providing assistance to Zones 1 and 5 in a timely ; 5 What activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly and tie them to your timeline in the __ following section E • Provide assistance to the Zone 3 Emergency Management , Directors and other public and private groups to assist ' with Regional coordination and communications before, 10 ' cob,d6�O��t� V*MbOd.e.d..."6. EXHIBIT A " C °�lft King County F"M�T� Scope of Work during, and after a ma3or terrorist or disaster event . • Continue to grow the Zone 3 discipline coordinators list, to educate the discipline leads in the concept of ; operations according to the Regional Disaster Plan. ; • Provide general assistance to Zone 3 agencies for planning : related to Regional notification, response, mobilization, ! and resource tracking. • Provide assistance for Zone 3 agencies to the requirements ; of change with the National Response Plan and NIMS adoption ; and implementation. • To assist with associated mutual aid plans and memorandums : ` of understanding between agencies to meet Zone 3 response ' needs . 6 What are the tangible results and / or deliverables of the project? \ ' The identification of specific roles and responsibilities for ; : discipline representatives serving within a multi-agency : ; coordination group from Zone 3 . The exacting of documentation ; ' ; processes relevant to resource acquisitions, dispersments, and , ' recovery within the guidelines of the Regional Disaster Plan for ; ` King County. Complete NIMS implementation plans and formals adoptions for all Zone 3 jurisdictions (within individual agency = process boundaries) . 7 How will the grant funds be used to support this protect? ' IGrant funds will support this pro]ect by providing consultant fees from 03/01/2006 through 03/31/2007 (13 month period)- . ------ 11 sir ° Edmd," '0082MMM EXHIBIT A 4e.rra.'"Nrn* ant�ra�.r r..t King County Scope of Work^'"`��0 Project Timeline ' Make a timeline that includes measurable activities for task completion and critical dates Project must be completed and delivered prior to 03/31/2008 If your project involves purchase of equipment, allow 3 months for equipment approval process to be completed ' which will happen before the contract is executed - � - Continue to monitor NIMS training and provide ' assistance to Zone 3 agencies - Continue meeting with Zone 3 Emergency Management Directors . , - Continue to meet with the Zone 3 Discipline Coordinators - Continue updating the Zone 3 Resource Book. , - Establish regular meeting schedule between Zone 3 Coordinator and Zone 1 & 5 counterparts. - Continue work to pre-identify discipline March , resources and their mobilization capabilities . Thru - Pre-identify discipline-based, terrorism- June related resource needs . 2007 t - Establish a formal request procedure for local resources and deployment guidelines, emphasizing personal safety and accountability. - Develop documentation for resource tracking and accountability for deployment and requests. - Work to establish command and control communications systems and establish guidelines ' for interoperable field communications . - Facilitate with the King County Office of Emergency Management WebEOC training for Zone 3 ' emergency management entities. - AssIst with clarifying and documenting ' protocols for working with Zones 1 & 5 and King County OEM during activations of the Regional Disaster Plan. July , - Continue gathering discipline resources and thru their mobilization capabilities to provide September first draft of procedural guidelines, 2007 including: ' o Pre-identify and draft a list of major resources . o Identify immediate and delayed 12 , Mdd�O��f� ,.�. EXHIBIT A ' King County "- Cmq� Scope of Work resources . o Pre-identify discipline-based, terrorism-related resource needs . o Establish a formal request procedure for local resources. o Establish resource deployment guidelines, emphasizing personal safety and accountability. o Develop documentation for resource tracking and accountability for deployment and requests. o Identify a numbering system for resources - Continue to work to establish guidelines for interoperable field communications across ' multiple disciplines - Assist with associated mutual aid plans and memorandums of understanding between agencies ' to meet Zone 3 response needs. - Complete NIMS training and work with agencies to ensure compliance with NIMS final requirements - Continue meetings between Zone 3 Coordinator and counterparts. - Continue meetings between Zone 3 Coordinator and the Zone 3 Emergency Management Directors . October - Continue providing assistance to Zone 3 agencies thru for planning related to Regional notification, December response, mobilization, and resource tracking. 2007 -Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs i 13 nmMo`°rammon"` EXHIBIT A 0 w....�.�,,.,d. King County """"�8°°° Me Scope of Work - Close out meetings between Zone 3 Coordinator, Zone 3 EM Directors and Zone 1 & 5 counterparts . - Work to complete: o Zone 3 Resource Book, pre-identify discipline resources and their mobilization capabilities and discipline-based, terrorism-related resource needs o Establish a formal request procedure for local resources . January thru o Establish resource deployment March guidelines emphasizing personal safety 2008 and accountability. o Develop documentation for resource tracking and accountability for deployment and requests . ' o Guidelines for interoperable field communications and a communications plan ' o A numbering system for resources . - ------------ 1 14 EXHIBIT B King County Budget Allowable Costs Using Appendix D -ALLOWABLE COST MATRIX of FY06 Grant Guidelines, Identify the allowable costs that best represent this project* 1 M Appendix D -ALLOWABLE COST MATRIX kiiosvabie Planning Costs ._ -. - .- -------- - Hiring of full- or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) 1 i 1 1 i i � 15 V*NWWd Fm an*" EXHIBIT B King County 111P�CM211041M Budget Budget Summary Check the option that is appropriate for your project- This is not a pass through protect (KCOEM Projects ONLY) ® This is a pass through project (All other projects) IMPORTANT NOTE: This is a reimdursemen.,grant Fill out the budget table using the correct budget category for your project expenses. For Goods & Services and Other Costs you MUST specify what the amount is for and indicate the budget category If your project requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet (see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table Use the TAB key to move between cells in the table(left to right)-DO NOT USE ENTER KEY Qqsc . . t� — Equipment t Consultant Fees $100,000 Salaries & Benefits (not for payment of overtime) _ - Overtime/Backfill Travel & Per Diem Goods & Services - Please Specify Other Costs— Please Specify Total Amount Per Budget $0.00 $100,000.00 $0.00 $0.00 $ 0.00 Category ' GRAND TOTAL $100,000.00 (NOT TO EXCEED Project Cost or Award Amount) 10% of total award amount maybe shifted between approved budget object codes Final signed invoice voucher to be submitted with final performance report& deliverables — Invoices not to exceed total amount of contract award 16 @ � W / \ / CL � a ° / \ � � \ / § @ � � 2 e \ / f $ � � cL . \ \ � \ \ J @ / � n \ \ 0 a @ EO \ \ 2 �T � _\\ � � (D \ = f 0 & ° » m 5 ° 2 b $ & \ & $ \ / ƒ / © 2M 7 \ 0) a 2 - E C } k / || p ) / \ _� \ 2 \ a \ \ J Hill \ D g / ) � $ >1 _ % § % ¥ f .� ƒƒ ƒ \ &/ °I ° 0 W ED / \ � \ . • � Sub grant Agreement Contract#- FFY06-SHSP-002 Exhibit C: COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS -1 Equal Employment Opportunity During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to, the following Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623, section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq , 29 CFR Part 1630, 41 CFR § 60-1 4 Q-2 Non-Discrimination During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16 During the performance of this Agreement, neither the Subgrantee nor any party subcontracting t under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12 18 The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Tales VI and VII of the Civil Rights Act of 1964 During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows A. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the 18 Sub gran: ,Agreement Contract# - FFY06-SHSP-002 Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations Ref 20 USC §§ 1681 et seq, Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq, Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990(ADA), as amended, 42 USC §§ 12101 et seq B Solicitations for Subcontracts, Includinq_Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin C Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. D Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. -3 Americans With Disabilities Act In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S C. § 12112, the Contractor shall comply with the requirements of U S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C F R Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq ; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, and, and the following regulations and any amendments thereto 1 19 Sub grant Agreement Contract# - FFY06-SHSP-002 A. U S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35, B U S Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36, C. U.S General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19, D. U S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, E. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. -4 Privacy Act Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act t�-5 Interest of Members of or Delegates of Congress Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom -6 Disclosure of Lobbying Activities Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying " The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352 The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. 20 Sub grant Agreement Contract# - FFY06-SHSP-002 Ref- 49 CFR Part 20, modified as necessary by 31 USC § 1352. _Q-7 False or Fraudulent Statements or Claims The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq , and/or 49 USC § 5307(n)(1), as may be appropriate The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. -Q-8 Energy Conservation The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. Q-9 Environmental Requirements The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq, consistent with Executive Order No 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 etseq. and 40 CFR Part 1500, etseq t10 Preference for Recycled Products To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873 0-11 Patent Rights If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i e , a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U S Department of Commerce regulations, `Rights to Inventions Made by Nonprofit I 21 Sub grant Agreement Contract# - FFY06-SHSP-002 Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref 49 CFR Part 19, Appendix A, Section 5 i 1 22 Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: SANTIAM EMERGENCY EQUIPMENT, INC. AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Santiam Emergency Equipment, Inc agreement. The Fire Department requested and received from the Mayor a waiver, pursuant to KCC 3 70 080, of the City's procurement ordinance for the purchase of personal protective equipment for 2007. Santiam is the sole distributor for Securntex personal protective equipment. Firefighting clothing needs to be replaced on an ongoing basis due to normal wear and tear to meet new safety standards and to utilize improved technology. The cost of the replacement exceeds $25,000 each year, and often exceeds $50,000. As standard practice, equipment is evaluated by Fire Department to insure this criterion is met. After an extensive evaluation process, the Fire Department has found that the Securitex brand continues to meet these criteria 3. EXHIBITS: Sole Source Authorization and Goods and Service Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 4/10/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? not to exceed $100,000 Revenue? Currently in the Budget9 Yes X No If no: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda 1 Item No. 6D Fire Department Jim Schneider, Fire Chief Phone 253-856-4300 Fax 253-856-6300 Address 24611 116`i'Ave SE K E N T Kent, WA 98030 WASHIMGTOM February 13, 2007 TO Mayor Suzette Cook THROUGH, John Hodgson, CA FROM Jim Schneider, Fire Chief REGARDING Single Source Procurement for PPE The City's Fire Department is requesting a waiver, pursuant to KCC 3 70 080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department The Kent Fire Department has been extremely diligent in purchasing Personal Protective Equipment (PPE) at the lowest possible price Protective clothing needs to be replaced on an ongoing basis due to normal wear, to meet new safety standards and to utilize improved technology The cost of the replacement exceeds $25,000 each year, and often exceeds $50,000 Over the last decade the department has had sole vendor authorization contracts with Santiam Emergency Equipment, Inc Santaim is the sole distributor for Securitex, the manufacturer of our current protective clothing (bunkers) i As a standard practice, bunker gear is evaluated by Kent Fire to ensure that safety criteria is met and that the best product is purchased for the tax dollar spent After 6 months of field testing several new styles of bunker gear in 2006, the recommendation was made to continue our long standing relationship with Securitex The Securitex gear is superior in the areas of abrasion resistance and flame impingement Also, the gear has an ergonomic cut for more flexibility and range of motion The Fire Department would like to contract with Santiam Emergency Equipment for the purchase of Securitex protective clothing It is advantageous for the Fire Department to purchase one brand of bunker gear This creates standardization and uniformity This is better for firefighters who know the abilities and limitiations of the gear they wear, and it presents a professional visual appearance to the public Also, it is much easier to make changes or have supplemental work done when working with one vendor By this memo, the Fire Department requests that you authorize the department to enter into direct negotiations with Santiam Emergency Equipment for the purchase of Personal Protective clothing If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below Thankyou_ Suze to ke, Mayor Date KENT Wq5`I I NGTON GOODS & SERVICES AGREEMENT between the City of Kent and Santiam Emergency Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Santiam Emergency Equipment, Inc organized under the laws of the State of Washington, King County, located and doing business at PO Box 13585, Salem, OR, 1-800-771-8041, Dave Lindenmuth (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: During the term of this Agreement, the City will order bunker gear on an as-needed basis, which includes Vendor's Securitex UltraMotion Coat with a customized removable name panel, identified by item number SE - S250VZ2, and Vendor's Securitex UltraMotion Pant, identified by item number SE - S350VZ2. The cost charged to the City for each Securitex UltraMotion Coat purchased shall be $964.45. For larger coat sizes, however, the following additional amounts of the base purchase price shall be assessed an additional 10% shall be assessed for coat sizes 54-56, an additional 15% shall be assessed for coat sizes 58-60, and an additional 20% shall be assessed for coat sizes 62-66. The cost charged to the City for each Securitex UltraMotion Pant purchased shall be $668 60. For larger pant sizes, the following additional amounts of the base purchase price shall be assessed: an additional 10% shall be assessed for pant sizes 48-50, an additional 15% shall be assessed for pant sizes 52-54, and an additional 20% shall be assessed for pant sizes 56-58 For those pants which require an inseam in excess of 32 inches, an additional 10% of the base purchase price shall be assessed. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2007. GOODS&SERVICES AGREEMENT- i (Over 510,000 00, including WSST) Ill. COMPENSATION. The City shall pay the Vendor an amount not to exceed $100,000, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule The City shall remit payment to Vendor within thirty (30) days of the City's receipt of the ordered bunker gear and a proper invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. Vendor should submit invoices to Kent Fire Department, Attn• Margaret Martin, 24611 116ih Ave SE, Kent, WA 98030 If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment- Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either GOODS& SERVICES AGREEMENT-2 (Over$10,000 00, including WSST) a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1 The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined, and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving nse to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest. GOODS&SERVICES AGREEMENT-3 (Over$10,000 00, including WSST) C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are merchantable, are tit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS GOODS& SERVICES AGREEMENT-4 (Over$]0,000 00, including WSST) INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference iXQI. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. jC. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated to this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duty authorized representative of the City and Vendor GOODS&SERVICES AGREEMENT-5 (Over$10,000 00, including PYSST) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (mgnature) (signature) Print Name- Print Name Suzette Cooke Its Its Mavor (Title) DATE: DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Santiam Emergency Equipment, Inc Division Chief Ken Weatherill PO Box 13585 City of Kent Salem, OR 97309 220 Fourth Avenue South Kent, WA 98032 253-951-3283 (telephone) (253) 856-4300 (telephone) 253-344-1923 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: Kent Law Department [in this field,you may enter the electronic filepath where the contract has been saved] GOODS&SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows. j1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new j employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above Dated this day of 200_. By. For- Title: Date: EEO COMPLIANCE DOCUMENTS- l of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps* 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title- Date: r EEO COMPLIANCE DOCUMENTS-3 of 3 Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1 1. SUBJECT: BAUER COMPRESSORS, INC. CONTRACT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Bauer Compressor, Inc. contract for the purchase of a mobile skid mounted compressor. The compressor on the mobile air compressor is 8 years old and is scheduled to be replaced. Approval was received on a sole source basis from Mayor Cooke to purchase a skid mounted compressor to be installed in the mobile air unit. Negotiations with Bauer Compressors, Inc on the specifications and purchase contract were completed The City's Attorney's office has reviewed and approved the purchase contract 3. EXHIBITS: Sole source authorization and Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 4/10/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditures $59,000 Revenue? _ Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund M20036 66400 9422 Amount $59,000 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E I FIRE DEPARTMENT � Jim Schneider, Fire Chief ' KE T Phone 253-856-4300 WASH id G1 Jr, Fax 253-856-6300 Address 24611 1161h Ave SE Kent,WA 98030-4939 DATE: April 10, 2007 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Authorize Mayor to sign Goods & Services Agreement for the purchase of an H-25 Single Drive Mobile Skid Mounted Compressor. SUMMARY: The compressor on our mobile air compressor, which is 8 years old, has reached the end of its life span and is scheduled to be replaced. We received approval to purchase a skid mounted compressor to be installed in the mobile air unit on a sole source basis from Mayor Cooke We have completed negations with Bauer Compressors, Inc on the specifications and purchase contract and are requesting authority for Mayor Cooke to sign the purchase contract The City's Attorney's office has reviewed and approved the purchase contract. EXHIBIT: Sole Source Authorization received from Mayor Cooke Goods & Services Agreement with Bauer Compressors, Inc. BUDGET IMPACT: $59,000 as approved in the 2007 Apparatus Replacement Fund. Kent Council Public Safety Committee Apnl 10,2007 FIRE DEPARTMENT Jim Schneider, Fire Chief Phone 253-856-4300 K EN T Fax 253-856-6300 WASHINGTON Address: 24611 116`h Ave SE Kent, WA 98030-4939 November 20, 2006 To: Mayor Suzette Cooke Through: John Hodgson, Chief Administrative Officer From Jim Schneider, Fire Chief Regarding: Single Source Procurement— Bauer Compressors, Inc The Kent Fire Department is requesting a waiver, pursuant to KCC 3 70.080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. The Kent Fire Department has been extremely diligent in purchasing high quality breathing air compressors at the lowest possible price. As with all emergency service equipment, the fire department's interest is in acquiring equipment that is functional, reliable, and durable With that goal in mind, in late-2005, the fire department sought information from as many sources as possible regarding breathing air compressor systems. We identified three manufacturers that offered systems compatible with our needs. We then visited several fire departments that had purchased and were using these machines in order to seek input and verifying manufacturer claims relative to their operational features We also solicited input from reach fire department's vehicle maintenance staff, which weighed heavily in our decision. ■ We place a significant demand on our breathing air compressors with the expectation that they will produce extremely high-pressure air continuously and reliably over a very long period of time with minimum maintenance and assurance of safety for those who operate the machinery or work nearby. The Bauer breathing air compressor is the only unit on the market that offers a five-stage compressor that answers all of these concerns in one package. Its design is extremely reliable, offers a lower cost of ownership, is easy to operate, maintain, and is quiet while in operation, and compatible with the existing Bauer equipment we presently operate, thus simplifying operator training and safe operation issues. After considering all the information available, including: • A Bauer compressor will produce extremely high-pressure air continuously and reliably over a very long period of time, • It is very reliable over a very long period of time, • Requires minimum maintenance, • Assures safety for those who operate the machinery, • Is the only unit on the market that offers a five-stage compressor, • Simplifies operator training and safety issues, • And is compatible with the existing Bauer equipment we presently own and operate, r Memorandum Mayor Suzette Cooke November 20, 2006 Page 2 it has become apparent that the most logical choice for our intended use was a breathing air compressor manufactured by Bauer Compressors, Inc to replace the compressor in our mobile air unit. Its machines are considered to be the most reliable and the easiest to operate and maintain. Should the Kent Fire Department purchase a Bauer breathing air compressor, we have every expectation that the compressor will provide a very long and cost effective service life Funding for the purchase of a new compressor is identified in the Apparatus Replacement Fund. The mobile air unit supplies breathing air for fire department personnel at fire scenes, hazardous materials incidents, technical rescue incidents, and off-site training events such as live-fire house burns. The fire department would like to contract with Bauer Compressors, Inc. to purchase one breathing air compressor system. There is a definite advantage for the City to acquire the same air compressor in that they are operationally the same, which given the potential danger of the high pressures produced by these machines, makes them safer. Additionally, this situation creates a more economical and efficient maintenance scenario. By this memo, the Fire Department requests that you determine the bidding process usually required by KCC 3.70 030 and .040 is not in the best interests of the City and that you authorize the Fire Department to enter into direct negotiations with Bauer Compressors, Inc for the purchase of a breathing air compressor. The contract will be brought before the Public Safety Committee and the City Council for approval. If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below. Thank you. Procurement waiver approved- Jim Schneider Fire Chief Suzette Cooke, Mayor Date • KENT GOODS & SERVICES AGREEMENT between the City of Kent and Bauer Compressors, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bauer Compressors, Inc organized under the laws of the State of Virginia, located and doing business at 2464 Tripaldi Way, Hayward, California(hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the ■ City- One H25-D Single Drive Mobile Skid Mounted Compressor: The shipping, and training of one (1) H25-D Single Drive Mobile Skid Mounted Compressor with the engine controls on the compressor per the drawing dated 12/7/2006, one (1) CFSII-2 containment fill station with, cascade controls on the right side, as per the drawing dated 12/14/2006 version 3 and remote fill to supply air to existing HP hose reel, and their associated equipment in accordance with Vendor's quote, dated October 24, 2006, attached and incorporated as Exhibit A The total cost for this equipment, including tax, shipping, and training of City staff shall not exceed $58,153.94. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 30, 2007. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FIFTY-EIGHT THOUSAND ONE HUNDRED FIFTY-THREE AND 94/100 ($58,153 94), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed Change Order. City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT- 1 (Over SIQ,000 00, including WSST) l The Vendor shall submit an invoice to the City for the goods and services contemplated in this Agreement at the time the compressor is shipped FOB destination Upon the City's receipt of the goods and a proper invoice from Vendor, the City shall provide payment to Vendor within forty-five (45) days of receipt of the invoice or the goods, whichever occurs later If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs. including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Pavment. Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days wntten notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIII (D), within fourteen (W) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. GOODS& SERVICES AGREEMENT-2 (0ver 510,000 00, including WSST) The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING iN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. fiD. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). GOODS& SERVICES AGREEMENT-3 (Over S10.000 00, including WSST) E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington to the extent that any defect is caused by parts and products manufactured by Vendor or its agents and assigns With respect to defects of those parts and products, Vendor warrants they are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for i that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. To the extent any defect is caused by a part not manufactured by Vendor or its agents or assigns, such defect shall be subject to the warranty provisions attached and incorporated as Exhibit B. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference XII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. GOODS &SERVICES AGREEMENT-4 (Over$10,000 00, including WSST) A. Recvclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law D. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assi ng merit Any assignment of this Agreement by either party without the written consent of I the non-assigning party shall be void if the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G Facsimile Signature. Either party may execute and deliver this Agreement by telephone facsimile and that signature shall have the same force and effect as if executed in original. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 1. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail J. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. GOODS & SERVICES AGREEMENT-S (Over$10,000 00, including WSST) VENDOR: CITY: BAUER COMPRESSORS, INC. CITY OF KENT By By. (signature) (signature) Print Name- Print Name. Suzette Cooke Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY: Attn: Tim McGuire Pat Pawlak, Division Chief Bauer Compressors, Inc. City of Kent Fire Department 2464 Tripaldl Way 220 Fourth Avenue South Hayward, CA 94545 Kent, WA 98042 (510) 887-1927 (telephone) (253) 856-4305 (telephone) (510) 887-8993 (facsimile) (253) 856-6400 (facsimile) APPROVED AS TO FORM: Kent Law Department P\Crvd\Filcs\OpcnFdes\0040-2007\BauerCompressorsAgreement doc GOODS & SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the IAgreement; The questions are as follows• 1. I have read the attached City of Kent administrative policy number 1.2 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_. r By: For- Title: Date: i i EEO COMPLIANCE DOCUMENTS- I of CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of") CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of') EXHIBIT C INSURANCE REQUIREMENTS Insurance The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, employees or subcontractors, as required by this Exhibit D and as amended by Vendor in its December 9, 2005, letter, at Section XII on pages 1 and 2 of said letter, and the City's December 12, 2005, email response through Chris Hills, its Risk Manager, both of which are appended at the end of this Exhibit D. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT C EXHIBIT C (Continued ) Other Insurance Provisions tThe insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance ' 1. The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City 2. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Vendor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A M. Best rating of not less than ANIL E. Verification of Coverage Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor before commencement of the work. F. Subcontractors Vendor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein lfor the Vendor. EXHIBIT C i Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: PARKING STALLS ON EAST SIDE OF FOURTH AVENUE NORTH OF TITUS ORDINANCE — ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends section 9.38.080 of the Kent City Code to clarify the hours during which the thirty (30) minute parking time restriction applies to the parking stalls located on the east side of Fourth Avenue near the police department. 1 3. EXHIBITS: Ordinance and Memo 4/10/07 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT I Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I Council Agenda Item No. 6F i This page intentionally left blank. LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 w A 5 H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 IApril 10, 2007 To: Public Safety Committee From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding: Parking Stalls on East Side of Fourth Avenue North of Titus - Ordinance Amending Parking Time Restrictions MOTION: Recommend council adopt the proposed ordinance which amends section 9.38.080 of Kent City Code to apply the 30 minute parking restriction to all stalls located on the east side of Fourth Avenue north of Titus street. SUMMARY: Section 9 38 080 of the Kent City Code ("KCC") currently provides that parking in the first parking stall north of Titus Street on the east side of Fourth Avenue shall not exceed thirty (30) minutes. For enforcement purposes, however, the police department recommends that the parking time restriction apply not only to the first stall, but to the other stalls immediately north of this first stall. It is also appropriate to clarify that the parking time restriction applies between the hours of 9:00 a.m. and 6.00 p m., which is consistent with parking time restrictions in the immediate area. ' In order to apply the parking time restriction to other stalls located on the east side of Fourth Avenue north of Titus Street, it is necessary to amend KCC 9.38.080, BUDGET IMPACT: None. 1 .WMI%Modane&ueSlleeP\PorMnq Stall Near -"Knu[eUml[Ooc ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 9 38.080 of the Kent City code to clarify the hours during which the thirty (30) minute parking time restriction applies to the parking stalls located on the east side of Fourth Avenue near the police department. RECITALS A. KCC 9.38.080 currently provides that parking in the first parking stall north of Titus Street on the east side of Fourth Avenue shall not exceed thirty (30) minutes. For enforcement purposes, however, the police department recommends that the parking time restriction apply not only to the first stall, but to the other stalls immediately north of this first stall. It is also appropriate to clarify that the parking time restriction applies between the hours of 9:00 a.m, and 6:00 p.m., which is consistent with parking time restrictions provided for in other sections of Ithe Kent City Code. B. In order to apply the parking time restriction to other stalls located on the east side of Fourth Avenue north of Titus Street, it is necessary to amend KCC 9.38.080. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.38.080 of the Kent City Code, entitled "Thirty (30) minute parking zones," is amended as follows: I 1 Parking Time Restrictions- Amend Parking Zones Sec. 9.38.080 Thirty (30) minute parking zones. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of thirty (30) minutes, between the hours of 9:00 a.m. and 6:00 p.m., unless otherwise indicated, at the following locations: 1. First Avenue: The first stall north of Meeker Street on the west side of First Avenue 2. First Avenue: The first stall south of Meeker Street on the West Side of First Avenue. 3. Second Avenue: The first stall south of Meeker Street on the east side of Second Avenue. 4. Second Avenue: The first stall south of Meeker Street on the west side of Second Avenue. 5. Gowe Street: The first stall east of Railroad Avenue on Gowe Street, north side. 6. Fourth Avenue: The first stalls north of Titus Street on the east side of Fourth Avenue. -7. Centennial Building: The first four (4) stalls on the east side of the building as posted. SECTION 2. - SeverabilitY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR 2 Parking Time Restrictions- Amend Parking Zones ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2007. APPROVED: day of April, 2007. PUBLISHED: day of April, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK i I V\Ovll M nmXftMJnq SbPaMea 30MinuWUmd do 3 Parking Time Restrictions- Amend Parking Zones Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Valley Special Response Team Interlocal Cooperative Agreement. The operational agreement titled, "Interlocal Cooperative Agreement between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for the Creation of the Valley Special Response Team" has been updated to include Des Moines as a partner agency. The agreement has been approved by the Law Department. 3. EXHIBITS: Interlocal Cooperative Agreement 4. RECOMMENDED BY: Public Safety Committee 4/10/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget9 Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6G r POLICE DEPARTMENT Steve Strachan, Chief of Police • Phone 253-856-5888 KENT Fax 253-856-6802 Address 220 Fourth Avenue S Kent, WA 98032-5895 rDATE: April 10, 2007 TO: Public Safety Committee SUBJECT: Interlocal Cooperative Agreement - Valley Special Response Team MOTION: I move to recommend that Council authorize the Mayor to sign the Interlocal Cooperative Agreement for the Valley Special Response Team and place this on the Consent Calendar for the April 17, 2007 Council Meeting. SUMMARY: The operational agreement titled, "Interlocal Cooperative Agreement Between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Creation of the Valley Special Response Team" has been updated to include Des Moines. EXHIBITS: Agreement approved by Law Department rBUDGET IMPACT: None BACKGROUND: r r r r r r Public Safety Committee Valley Special Response Team Interlocal Cooperative Agreement April 10,2007 This page intentionally left blank ! ! 1 t INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE fi VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional team to effectively respond to high risk criminal occurrences as described below IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila The I SRT has been in existence for some time, and this Agreement is being re-entered into in order to admit the City of Des Moines as an SRT member. The future admission or elimination of a jurisdiction as a member of the SRT may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity, increased drug abuse, distribution, and manufacturing, increased urbanization, and increased population densities The ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' individual police ' departments. Law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific high risk criminal incidents, as well as incidents involving weapons of mass destruction, results in more effective pooling of VSRT 03-20-2007 INTERLOCAL AGREEMENT personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined special response team. This results in Improved services for the citizens of all participating jurisdictions, Increased safety for officers and , the community, and Improved cost effectiveness VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT The SRT shall service each participating jurisdiction. The SRT may also be available to outside law enforcement agencies as provided by chapter 10 93 RCW The objective of the SRT is to respond to specific high risk criminal incidents in a manner that provides for the effective use of personnel, equipment, funds, and training The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander VII. DURATION AND TERMINATION j The minimum term of this Agreement shall be one (1) year, effective upon Its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement A jurisdiction may withdraw its participation in the SRT by providing written notice of Its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. VSRT 03-20-2007 INTERLOCAL AGREEMENT ' The Board shall meet monthly, unless otherwise determined by the Board The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours I notice of all meetings to all members of the Board, PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any Issues related to such emergency The policies, regulations, and operational procedures in effect pursuant to the previous interlocal agreement shall be in effect without action of the Board and until such time as they are subsequently altered by the Board The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the Individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. tIX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT The Tactical Commander shall operate under the direction of the presiding officer of the Board The Tactical Commander shall be responsible for Informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for ' Board approval. Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. Board approval must be obtained for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. VSRT 03-20-2007 INTERLOCAL AGREEMENT The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating ' jurisdictions before rendering legal advice. X. COMMAND AND CONTROL ' During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized ' by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board The standard operating procedures approved by the board may designate other personnel to be utilized during an incident XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by Its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall, unless otherwise determined by the Board, be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. , XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the , participating jurisdictions at the asset's fair market value upon termination The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below) Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in VSRT 03-20-2007 INTERLOCAL AGREEMENT t the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution Arbitration pursuant to this section shall occur as follows: A. The jurisdictions Interested In an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating In the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction Is to receive the property The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting In furtherance of this Agreement In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee Is ultimately responsible for the conduct The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim This section shall be subject to the conditions and limitations set forth In subsections A through G below A. Jurisdiction Not Involved In SRT Response In the event that a jurisdiction or its personnel were not involved In the SRT response to the Incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does 1 not, In any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award 1 B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be Interpreted to require indemnification or sharing in the payment of any judgment against any SRT personnel for Intentionally wrongful conduct that is outside of the scope of employment VSRT 03-20-2007 INTERLOCAL AGREEMENT of any Individual or for any judgment of punitive damages against any , Individual or jurisdiction Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense In the event a jurisdiction does not agree to joint representation, the , jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit, PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be , required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions , act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51 G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VSRT 03-20-2007 INTERLOCAL AGREEMENT XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated Any documentation, Including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities The lead jurisdiction shall be the jurisdiction within which the SRT response occurred, PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the ' Incident that required the SRT response originated In the event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the SRT response The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. 1 The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of $5,000 or Less. I. Lead Jurisdiction Responsibilities. I The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT ' VSRT 03-20-2007 INTERLOCAL AGREEMENT response. The lead jurisdiction shall provide records to Its ' Insurance provider and shall assist Its Insurance provider In assessing liability for acts associated with the claim The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability In determining whether a claim should be paid, the lead jurisdiction and its Insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. H. Liability Determination —Apportionment of Damages. The lead jurisdiction, with the assistance of Its Insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth In a claim, and whether the payment of the claim , would be in the best Interest of the jurisdictions and/or the SRT In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response The Insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the Insurance provider for Its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the Insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating In the SRT and each and every officer, agent, or volunteer of those participating jurisdictions In the event the lead jurisdiction determines that the SRT is not liable for damages set forth In a claim or that the payment of the claim would not be In the best Interest of the jurisdictions and/or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions, PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with Its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. I D. Claims over $5,000. ' VSRT 03-20-2007 INTERLOCAL AGREEMENT I. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the ' appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 2 96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2 96 RCW Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or ' documentation. Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4'h Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 101 N Division 220 4`h Avenue South VSRT 03-20-2007 INTERLOCAL AGREEMENT Auburn, WA 98001 Kent, WA 98032 ' (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk ' Director/Risk Manager 220 4`h Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 ' (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4`h Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Des Moines: Federal Way: Des Moines City Clerk Federal Way City Clerk 21630 111h Avenue South, Suite A P O, Box 9718 Des Moines, WA 98198 Federal Way, WA 98063 ' Des Moines City Attorney Federal Way City Attorney 21630 11`h Avenue South, Suite C P O Box 9718 Des Moines, WA 98198 Federal Way, WA 98063 Des Moines Risk Manager Renton: 21630 111h Avenue South, Suite Des Moines, WA 98198 Renton Risk Manager 1055 So Grady Way , Renton, WA 98055 Port of Seattle: CIAW: , Port of Seattle Claims Manager Director of Claims P O Box 1209 Canfield & Associates, Inc. Seattle, WA 98111 451 Diamond Drive Ephrata, WA 98823 Tukwila: WCIA: City Clerk Claims Manager City of Tukwila WCIA 6200 Southcenter Blvd PO Box 1165 Tukwila, WA 98043 Renton, WA 98057 I XVIII. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. VSRT 03-20-2007 INTERLOCAL AGREEMENT XIX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XXIII of this LAgreement. XX. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator All records shall be available for full inspection and copying by each participating jurisdiction. ' XXI. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. ` XXII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. iXXIII. MUNICIPAL AUTHORIZATIONS ' This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms ' of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date I VSRT 03-20-2007 INTERLOCAL AGREEMENT City Clerk, City of Auburn Date Mayor, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date P:1CivilkFileslOpenFiles107061SRT-Interlocal-2007.DRAFT.doc VSRT 03-20-2007 INTERLOCAL AGREEMENT Kent City Council Meeting ' Date Apnl 17, 2007 Category Consent Calendar 1. SUBJECT: PROHIBITING VEHICLE TRESPASS ORDINANCE —ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends chapter 9 02 of the Kent City Code to add a new section prohibiting vehicle trespass This ordinance would make it a crime to enter another person's vehicle without permission This additional tool will allow police officers to arrest offenders before they have stolen the vehicle, or property within the vehicle, and will prohibit offenders from using another person's car in an objectionable way. 3. EXHIBITS: Ordinance and memo 4/10/07 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No 6H LAW DEPARTMENT ' Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 10, 2007 To: Public Safety Committee From: Tami A. Perdue, Chief Prosecuting Attorney Regarding: Ordinance Prohibiting Vehicle Trespass ' MOTION: Recommend the city council adopt the proposed ordinance that prohibits persons from trespassing into another person's vehicle. SUMMARY: Vehicle theft and vehicle prowl have become a region-wide problem. While vehicle prowl requires the prosecutor to prove that a person intended to commit a crime with the vehicle after he or she unlawfully entered the vehicle, there are occasions when police officers ' interrupt the prowler and that intent is difficult to prove Additionally, there are instances when persons enter cars to sleep, sit, or engage in other activities that are objectionable to the vehicle owner, and this activity cannot be prosecuted under current statutes or city ordinances. This ordinance would make it a crime to simply enter another person's vehicle without permission. This additional tool will allow police officers to arrest criminals before they have stolen the car or the property in the car and prohibit criminals from using another person's car in an objectionable way. ' BUDGET IMPACT: None. P\Clv,[W dms-&�S�Xv~e. l�cn��ta« 1 r r r ' ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 9.02 of the Kent City Code to add a new section 9.02.265, entitled "Vehicle trespass." rRECITALS ' A. Vehicle theft and vehicle prowl have become a region-wide problem. While vehicle prowl requires the prosecutor prove that a person intended to r commit a crime with the vehicle after he or she unlawfully entered the vehicle, there are occasions when the police officer interrupts the prowler, and that intent is ' difficult to prove. Additionally, there are instances when a person enters a car to sleep, sit, or engage in other activities that are objectionable to the vehicle owner, but which are not in and of themselves illegal, and this activity cannot be rprosecuted under current statutes or city ordinances. B. This ordinance would make it a crime to simply enter another person's vehicle without permission. This additional tool will allow officers to arrest r offenders before they have stolen the car, or property in the car, and will prohibit offenders from using another person's car in an objectionable way. ' C. The Kent City Council has determined that it is in the interest of the public health, safety, and welfare to make it a crime to prohibit a person who is not ' licensed, invited, or otherwise privileged to enter from entering another's vehicle. ' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: r ' 1 Vehicle Trespass — Amend KCC 9.02.265 r ORDINANCE SECTION 1. - Amendment. Chapter 9.02 of the Kent City Code is amended to add a new section 9.02.265, entitled "Vehicle trespass - prohibited Penalty," as follows. Sec. 9.02.265. Vehicle trespass prohibited - Penalty. A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another. B. As used in this section: 1. The word "enter" shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. 2. A person "enters or remains unlawfully" in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. C. Vehicle trespass is a misdemeanor. SECTION 2. - Severability. If any one or more sections, subsections, or , sentences of this ordinance are held to be unconstitutional or invalid, such decision ' shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. , SUZETTE COOKE, MAYOR , ATTEST: ' BRENDA JACOBER, CITY CLERK 2 Vehfde Trespass - Amend KCC 9.02.265 1 APPROVED AS TO FORM: iTOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2007. APPROVED: day of April, 2007. PUBLISHED: day of April, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. BRENDA ]ACOBER, CITY CLERK (SEAL) Y' vd%Q nanm\Veh�d Tr¢saass-A W.q 02-245 Nc 3 Vehicle Trespass — Amend KCC 9.02.265 Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: PROHIBITING THE TAMPERING OR INTERFERING WITH PROPERTY OF ANOTHER ORDINANCE —ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends chapter 9 02 of the Kent City Code to add a new section 9 02.195 prohibiting a person from tampering or interfering with the property of another without permission. Under the City's current code, there are some situations where a person may damage or disrupt another's property but not be held accountable for his or her actions. These situations include the dumping of garbage, depositing of bodily fluids, or discarding food items onto another's property This ordinance will afford police officers and prosecutors the tool necessary to address these concerns 3. EXHIBITS: Ordinance and Memo 4/10/07 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I DISCUSSION: ACTION: Council Agenda Item No. 6I LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 W A S M I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 10, 2007 To: Public Safety Committee From: Tami A. Perdue, Chief Prosecuting Attorney Regarding: Ordinance Prohibiting the Tampering or Interfering with Property of Another MOTION: Recommend the city council adopt the proposed ordinance that prohibits persons from tampering or interfering with another person's property. SUMMARY: Frequently, the city receives complaints from citizens regarding damage or disruption to their property stemming from the actions of another person. This includes the dumping of garbage, yard waste, depositing of bodily fluids or bodily waste on property, and/or discarding or throwing food items, such as eggs, onto their property It can also include situations where the victim's property is thrown into a lake or river and is irretrievable. This tampering or interference frequently requires time, effort, and money to correct Currently many of these situations are not criminal acts, and even if an offender is identified, the police cannot make an arrest and the offender cannot be prosecuted. Consequently, the victims do not receive any restitution for their time and money spent restoring or replacing their property. Due to the number of calls received by police officers and their inability to make the victims whole and hold the offender accountable, police officers and prosecutors have requested that this ordinance be enacted to address these acts of tampering or interfering with another person's property. BUDGET IMPACT: None. P\Clvll\MOUone 61ue5fftttz\TdmpeMopertyNdlp61Me000[ Q I ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 9.02 of the Kent City Code to add a new section 9.02.195, entitled "Tampering or interfering with the property of another." RECITALS A. Occasionally, citizens call the police to report that another person has somehow tampered with or interfered with their property by depositing garbage, yard waste, and other debris on their property without permission or taking their property and throwing it in a lake or river. Current statutes and city ordinances do not provide a sufficient tool for the city to investigate and prosecute this type of conduct. In an effort to deter this type of activity, police officers need to be able to investigate and arrest persons who tamper or interfere with the property of another, and prosecutors need to be able to request restitution for those citizens who have had to expend time, effort, and financial resources fixing the damage. This ordinance will afford police officers and prosecutors the tool necessary to address these concerns. B. The Kent City Council has determined that it is in the interest of the public health, safety, and welfare to make it a crime to tamper or interfere with the property of another. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' 1 Tamper or Interfere With Property Amend KCC 9.02.195 ORDINANCE SECTION 1. - Amendment. Chapter 9.02 of the Kent City Code is amended to add a new section 9.02.195, entitled "Tampering or interfering with the property of another," as follows: Sec. 9.02.195. Tampering or interfering with the property of another prohibited - Penalty. A. A person commits the offense of tampering or interfering with the property of another if, without privilege, permission, or license to do so, he or she intentionally tampers or interferes with the property of another. B. For the purposes of this section, the terms "tampers" or "interferes" include, but are not limited to: 1. Discarding items belonging to another; 2. Withholding the property of another; or 3. Placing of a substance, such as a bodily fluid or bodily waste, food products, food waste or food containers, dying or dead vegetation, trash, or other object, upon the property of another thereby creating the need for an expenditure of effort, time, money, or other activity in order to return the property to its previous condition. C. Tampering or interfering with the property of another is a misdemeanor. SECTION 2. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR 2 Tamper or Interfere With Property Amend KCC 9.02.19S 1 1 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2007. APPROVED: day of April, 2007. PUBLISHED: day of April, 2007. II hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P 02 doc I 3 Tamper or Interfere With Property Amend KCC 9.02.195 rKent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: EXOTIC ANIMALS AS SERVICE ANIMALS FOR DISABLED PERSONS ORDINANCE —ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends chapter 8 03 of the Kent City Code to revise the definition of service animal to include exotic animals as allowed under the Americans with Disabilities Act. King County contacted the City to make it aware that a disabled citizen who resides in Kent had contacted the county seeking to use a monkey as a service animal However, while the Kent City Code currently exempts any recognized program engaged in the training of exotic animals for use as service animals by disabled citizens, the exemption does not apply to a disabled person who wishes to possess an exotic animal for use as a service animal within the city limits. This ordinance would extend the exemption to apply to those disabled citizens who wish to use an exotic animal specially trained by a recognized program as a service animal. 3. EXHIBITS: Ordinance and Memo 4/3/07 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6J LAW DEPARTMENT Tom Brubaker, City Attorney 40 Phone. 253-856-5770 KENT Fax. 253-856-6770 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 3, 2007 To: Operations Committee From: Tom Brubaker, City Attorney Tom Guilfoil, Assistant City/Prosecuting Attorney Regarding: Exotic Animals as Service Animals for Disabled Persons MOTION: Recommend council adopt the proposed ordinance which expands the definition of service animals to include exotic animals trained under a recognized program as allowed under the American with Disabilities Act. SUMMARY: Currently, ch. 8.03 of the Kent City Code generally prohibits private citizens from possessing exotic animals as pets within the city of Kent. The exotic animal prohibition established in Ch 8.03 KCC currently exempts any recognized program engaged in the training of exotic animals for use as service animals, but due to an apparent omission, does not exempt possession of an exotic animal trained to do work or perform tasks for disabled persons. Last month, King County's Licensing Division contacted the city to determine if the city would consider amending its code to allow a 15 year-old quadriplegic to use a monkey as a service animal. While it is important to continue to prohibit the possession of exotic animals as pets, it is also appropriate to waive this prohibition for those exotic animals which have been properly trained to perform tasks for the benefit of disabled persons. BUDGET IMPACT: None. 1 , ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending various sections of Ch. 8.03 of the Kent City Code, entitled "Animal Control," to revise the definition of service animal to include exotic animals as allowed under the Americans with Disabilities Act. RECITALS 1 A. The exotic animal prohibition established in Ch. 8.03 KCC currently exempts any recognized program engaged in the training of exotic animals for use as service animals by disabled citizens, but it does not exempt a disabled citizen who may possess an exotic animal trained to do work or perform tasks for his or her benefit. While it is important to continue to prohibit the possession of exotic animals as pets, it is also appropriate to waive this prohibition for those exotic ianimals which have been properly trained to perform tasks for the benefit of an individual with a disability. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 8.03.030 of the Kent City Code, entitled "Definitions," is amended to revise the service animal definition as follows: 1 Amend Ch. 8.03 KCC Exotic Animals as Service Animals t Sec. 8.03.030 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning- Abatement means the termination of any violation by reasonable and lawful means determined by the director in order that an owner or a person presumed to be the owner shall comply with this chapter. Animal means any living creature except persons, insects and worms. Animal control authority means the King County Animal Control Section, licensing and regulatory services division, acting alone or in concert with other municipalities for enforcement of animal control laws and the shelter and welfare of animals. Animal control officer means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee j whose duties in whole or in part include which involve the seizure and taking into custody of any animal. Animal rescuer means any individual who routinely obtains an unwanted dog or cat or who locates within ninety (90) days an adopted home for that spayed or neutered dog or cat; provided, however, an' interim, administrative extension may be granted by the animal control authority for a maximum of six (6) months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. Cattery means a place where four (4) or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one (1) of either sex, altered or unaltered, that has reached an age of six (6) months. Dangerous dog means that term as defined by RCW 16 08 070, and KCC 8.03.220 through 8.03.250. Director means the individual in charge of and responsible for the King County Animal Control Section, licensing and regulatory division 2 Amend Ch. 8.03 KCC Exotic Animals as Service Animals t Domesticated animal means any dog, cat, rabbit, horse, mule, ass, bovine animal, Iamb, goat, sheep or hog, bird, or other animal made to be domestic. Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness. Exotic animal means any of the following: 1. Venomous species of snakes capable of inflicting serious harm or death to human beings. 2. Non-human primates and prosimians. 1 3. Bears. 4. Nondomesticated species of felines. 5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids. 6. The order of crocodilia, including alligators, crocodiles, caiman, and gavials. Grooming parlor means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value. Harboring, keeping, or maintaining a dog or cat means performing any of the acts of providing care, shelter, protection, refuge, food, or nourishment in such manner as to control the animals actions, or, that the animal(s) is treated as living at one's house by the homeowner. Hobby cattery means a noncommercial cattery at or adjoining a private residence where four (4) or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed under KCC Title 15. Hobby kennel means a noncommercial kennel at or adjoining a private residence where four (4) or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for enjoyment. Juvenile means any dog or cat, altered or unaltered, that is under the age of six (6) months. 3 Amend Ch. 8.03 KCC Exotic Animals as Service Animals Kennel means a place where four (4) or more adult dogs or cats or any combination thereof are kept whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog or cat is one (1) of either sex, altered or unaltered, that has reached the age of six (6) months. j Leash shall include a cord, thong or chain not more than eight (8) feet in length by which an animal is controlled by the person accompanying it. Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and fowl. Owner means any person having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or who, by reason of the animal being seen residing consistently in a location, may presume to be the owner, and includes the definition as provided in RCW 16 08.070. Pack of dogs means a group of three (3) or more dogs running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. Park means and includes all parks, squares, drives, parkways, docks, piers, moorage buoys and floats, boulevards, golf courses, beaches, playgrounds and recreation areas, play fields, public gardens, green belts, and other park, recreation, and open space areas, buildings, and facilities comprising the parks and recreation system of the city of Kent. Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. Pet shop means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others whether as owner-agent, or on consignment, and sells, or offers to sell such live animals, including birds, reptiles, fowl and fish, to the public or to retail outlets. Potentially dangerous dog means that term as defined in RCW 16.08.070 and KCC 8.03.220 through 8.03.250. Recognized orogram means: 1. A program responsible for training a service animal that follows written guidelines for training: 4 Amend Ch. 8.03 KCC Exotic Animals as Service Animals 2. The training methods have been reviewed and approved by an organization of groups that perform such training, if such an organization exists; 3. Has been in existence and directly involved in the training of service animals for at least three (3) years; and 4. Can show that the training of the service animal is performed or directly supervised by a person who has a minimum of five (5) years' experience training the type of animal sought to be used for service. Restraint means an animal is considered to be under restraint if it is maintained and remains within the property limits of its owner or keeper. Running at large means to be off the premises of the owner or on the premises of another without the written permission of the owner thereof and not on a leash and not under the control of the owner or competent person authorized by the owner. Service animal means any guide dog, signal dog, or other animal individually trained through a recognized program to do work or perform tasks for jthe benefit of an individual with a disability, including but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.amm,' which is tra ned eF beingtrained t^ , who is blind, heaFing iffipalFed, or ethei=wise disabled and is used feF that PHFPE)se Shelter means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals. Under control means the animal is restrained by a leash, chain, or similar device from approaching any bystander or other animal and from causing or being the cause of physical property damage when off the premises of the owner. Vicious means actions of animals, other than a dangerous dog or I potentially dangerous dog, with the propensity to do any act that might endanger the safety of any person, animal, property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on 5 Amend Ch. 8.03 KCC Exotic Animals as Service Animals human beings without provocation, whether in play or outbreak of untrained nature. SECTION 2. - Amendment. Section 8.03.040 of the Kent City Code, entitled "License - Required," is amended as follows. Sec. 8.03.040. Animal license - Required. A. Requirements. All dogs and cats harbored, kept or maintained in city over four (4) weeks of age shall be licensed and registered annually; provided, that an altered two (2) year license may be purchased; provided, further, that dogs kept in kennels need not be licensed, except as provided in KCC 8.03 080. This section shall not apply to dogs used by the police department for police work. B. Identification tags, tattoos. All license tags issued as provided in KCC 8.03.050 shall be securely fixed to a substantial collar, harness or other means which shall be worn by the dog at all times. As an alternative to a license tag, an animal may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the animal control authority. Sec. 8.03.045. Exotic animals - License . AG. License - Issuance generally; fees. As provided for in KCC 8.03.240(C), the possession and maintenance of exotic animals by private citizens as pets is prohibited within the city of Kent. However, only in the event an owner possessed an exotic animal and resided in Kent as his or her primary residence on or before May 4, 1995, then the special exotic animal licensing provisions of this section shall apply. In that event, Tthe animal control authority may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic animals as specified in section EBFdanee `e KCC 8.03.030 here+Fr; provided the application is accompanied by payment of the license fee, contains the information required by subsection (B) of this section , and meets the cage or confinement rules and regulations of the animal control authority. The fee for such license shall be as 6 Amend Ch. 8.03 KCC Exotic Animals as Service Animals r provided for in section 11.04.035 of the King County Code. All licenses shall expire one (1) year from the date of the original application. B8. Same License Agpphcation; content. A verified application for an exotic animal sueh license made in triplicate shall be filed by the applicant with the animal control authority and wh ch appl eatj shall contain the following: I1. A legal or otherwise adequately precise description of the premises which applicant desires to use under the required license; 2. wWhether the applicant owns or rents the premises to be used; 3. +If the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; 4. tThe extent of improvement upon such premises; 5. aA map or diagram of such premises showing where the improvements are located thereon; 6. aA statement indicating the species of exotic animal which the applicant desires to possess or maintain; 7. �A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and 8. -sSuch further information as may be required by rules and regulations of the animal control authority. CE. Same License Pssuance; premises inspection. If after investigation by the director of the animal control authority, it appears that the applicant is the owner or tenant or has a possessory interest in the property shown in the application, if applicable, has the written permission of the property owner as specified in subsection (B) of this section!(GG o 93 040(14 and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regulations of the animal control authority, the animal control authority shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal(s) specified in such license; provided, that prior to issuing the license, the animal 7 Amend Ch. 8.03 KCC Exotic Animals as Service Animals control authority shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as necessary to meet the standard specifications before the license shall issue. DF. Periodic inspection of premises. The director of the animal control authority or any other officer authorized by him, may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcing the provisions of this chapter and the rules and regulations of the animal control authority. EG. License revocation; notice; hearing. The animal control authority may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal control authority authorized by this chapter; provided, that the violator shall be first notified of the specified violation or violations, and if the violation can be remedied, the violator shall have fifteen (15) days after receiving the notice of violation to correct the violation; provided further, that enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by KCC 8.03.370. FH. Violation; penalty. Any person possessing or maintaining an exotic animal r in the city without an exotic animal owner's license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a fine not to exceed twe one thousand dollars ($1,000) and/or by imprisonment not to exceed ninety (90) days. G1. Euthanasia in exigent circumstances. An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal control authority may be subject to euthanasia as defined in KCC 8.03.030 if any 8 Amend Ch. 8.03 KCC Exotic Animals as Service Animals i one (1) of the following exigent circumstances is deemed to exist by the director of the animal control authority: 1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is not other reasonably available means of abatement; or 2. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal control authority no facility as authorized by local, state, or federal law is available to house the exotic animal; or 3. The exotic animal suffers from a communicable disease injurious to other animals or human beings; provided, that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. HJ. O apte"Limitations. 1. The primary purpose of Ch. 8.03 KCC-this ehapteris to prohibit the private ownership of exotic animals as pets. Therefore, this prohibition and Ithe special licensing provisions applicable to arandfatherino cases of exotic animals contained within this Ehapte-Ch 8.03 KCC shall not apply to: a. any facility possessing or maintaining exotic animals as 1 defined in this chapter which is owned, operated, or maintained by any city, county, state, or the federal government, including but not limited to public zoos.L b. gDy museums, laboratory+es or af+d research facility_+es-maintained by scientific or educational institutionsi C. , ne,to—private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law;l d. tenor te—any recognized program engaged in the training of exotic animals as defined in this chapter for use as service animals by disabled citizens, or e. any disabled person who may use an exotic animal that qualifies as a service animal. r 9 Amend Ch. 8.03 KCC Exotic Animals as Service Animals r j 2. Breeding, or allowing the reproduction of, exotic animals as defined in this chapter is prohibited; provided, that this prohibition shall not apply to any governmental facility possessing or maintaining exotic animals nor shall it apply to private or commercial activities as set forth in subsection (J)(1). i SECTION 3. - Amendment. Section 8.03.205 of the Kent City Code, entitled "Animals in parks," is amended as follows: Sec. 8.03.205 Animals in parks. A. Any person with a dog or other animal in his or her possession in any park shall be responsible for the conduct of the animal by keeping the animal under control as that term is defined in this chapter and for removing from the park any animal feces deposited by such animal. B. It is unlawful for such person to fail to have in his or her possession the equipment necessary to remove his or her animal's fecal matter when accompanied by said animal in any park. C. The provisions of this section shall not apply to a "guide" or "service" 4 g animal as now or hereafter defined in Chapter 70.84 RCW. D. Violation of or failure to comply with the provisions of this section shall subject the offender to prosecution pursuant to KCC 8.03.300(C) or prosecution for a public nuisance. SECTION 4. - Amendment. Section 8.03.210 of the Kent City Code, entitled "Animal nuisances defined," is amended as follows: Sec. 8.03.210. Animal nuisances defined. For purposes of this section, violations of this section are nuisances and shall include but not be limited to the following: 1. Any public nuisance relating to animal control known at common law or in equity Jurisprudence. 10 Amend Ch. S.03 KCC Exotic Animals as Service Animals 2. Animals, excluding service animals and household pets, such as dogs and cats, but particularly including horses, mules, rabbits, bovine animals, Iambs, goats, sheep, birds, hogs, chickens or other animals made to be domestic, being kept in residential districts on lots of less than twenty thousand (20,000) square feet. 3. A dog, whether or not dangerous or potentially dangerous as defined by RCW 16.08.070, running at large within the city. 4. Any domesticated animal, whether licensed or not, which runs at large in any park or enters any public beach, pond, fountain, or stream therein or upon any public playground or school ground; provided, however, that this section shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed eight (8) feet in length. This section shall not apply to any blind person using a trained Seeing Eye dog; to animal shows, exhibitions or organized dog training classes where at least twenty-four (24) hours' advance notice has been given to the animal control authority, by such persons requesting to hold such animal shows, exhibitions or dog training classes. In the case of potentially dangerous dogs as defined and regulated in KCC 8.03.030 and KCC 8.03.220 through 8.03.250, the provisions of KCC 8.03.220 through 8.03.250 shall apply to the leashing, muzzling, and restraint of such animals in public. 5. Any animal which enters any place where food is stored, prepared, served or sold to the public or any other public building or hall However, this section shall not apply to any disabled mac-person using a service animaltFa+rged Seem Eye deg; to veterinary offices or hospitals; or to animal shows, exhibitions, or organized dog training classes where at least twenty-four (24) hours' advance notice has been given to the animal control authority, bar bet—such persons requesting to hold such animal shows, exhibitions, or dog training classes. 6. A female domesticated animal whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding. 7. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys. 11 Amend Ch. 8.03 KCC Exotic Animals as Service Animals 8. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or other public ways. 9. Any animal, other than a dangerous dog or potentially dangerous dog as defined by RCW 16 08.070 which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises. 10. A vicious animal or animal with vicious propensities, other than a dangerous dog or potentially dangerous dog as defined by RCW 16.08.070, which runs at large at any time, or which is off the owner's premises not securely leashed and in the control of a person of suitable age and discretion to control or restrain such animal. 11. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree. 12. Any domesticated animal which enters upon another person's property without the permission of that person. 13. Animals staked, tethered, or kept on public property without prior written consent of the county animal control authority. 14. Animals on any public property not under control by the owner or other competent person. 15. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 16. Animals running in packs. SECTION S. - Amendment. Section 8.03.240 of the Kent City Code, entitled "Unlawful activities," is amended as follows: Sec. 8.03.240. Unlawful activities. A. It is unlawful for an owner of a dangerous or potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause 12 Amend Ch. 8.03 KCC Exotic Animals as Service Animals injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. C. The possession and maintenance of an exotic animal by private citizens as pets is prohibited unless the owner possessed the animal on or before the ^ffeeti e `ate of this Beet+e^Mav 4, 1995 (the original effective date of this code section), and owner has satisfied ^^ to ^f mptly��the licensing requirements contained in KCC 8.03.040(C) - (I) and such rules and regulations as the animal control authority may adopt regarding the maintenance of such animals. This exotic animal prohibition shall not apply to a gualifiying service animal. SECTION 6. - Amendment. Section 8.03.280 of the Kent City Code, entitled "Poisonous reptiles, poisonous snakes, and constrictor snakes," is amended as follows: Sec. 8.03.280. Poisonous reptiles, poisonous snakes, and constrictor snakes. A. It shall be unlawful to keep or harbor any poisonous reptile, poisonous snake or constrictor snake, other than constrictor snakes under ten (10) feet in length, within the city. B. All constrictor snakes legally allowed within the city must be kept or harbored in a secure, locked cage when left unattended. C. This section shall not apply to zoological parks, performing animal exhibitions, service animals, circuses or pet shops licensed by the city. Pet shops 13 Amend Ch. 8.03 KCC Exotic Animals as Service Animals within the city choosing to sell constrictor snakes allowed under this section must plainly post in a conspicuous place the following notice: "It is illegal to keep or harbor constrictor snakes over ten (10) feet in length within the City of Kent. Any person who legally keeps or harbors constrictor snakes within the City of Kent MUST keep the snake(s) in a secure, locked cage when left unattended." D. In addition to or as an alternate to any other penalty provided in this chapter or by law, any person violating this section shall incur a civil penalty. The penalty for the first notice of violation shall be one hundred dollars ($100). The penalty for the second notice of violation in any one (1) year period is three hundred dollars ($300). The penalty for each successive violation in any one (1) year period is five hundred dollars ($500). SECTION 7. - Severabrlity. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 14 Amend Ch. 8.03 KCC Exotic Animals as Service Animals PASSED: day of April, 2007. APPROVED: day of April, 2007. 1 PUBLISHED: day of April, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA )ACOBER, CITY CLERK n w.maain,nce�e.abcs Pa ni„we nmenaKee me 15 Amend Ch. 8.03 KCC Exotic Animals as Service Animals Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: TAXICAB AND VEHICLES FOR-HIRE REGULATION ORDINANCE AND INTERLOCAL AGREEMENT WITH KING COUNTY — ADOPT AND AUTHORIZE 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends chapter 5.03 of the Kent City Code to appoint King County as the licensing and enforcement authority over taxicabs and vehicles for-hire operating within the City of Kent, and authorize the Mayor to sign the corresponding interlocal agreement. RCW 81.72.210 provides that local municipalities may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions When the City adopted its taxicab licensing provisions, the stated intent was to adopt King County's taxicab regulations However, no agreement was entered into between the City and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the City. The purpose of this ordinance is to correct that oversight. 3. EXHIBITS: Ordinance, Interlocal Agreement, King County's Taxicab Regulations, and Memo 4/3/07 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: iACTION. Council Agenda IItem No 6K LAW DEPARTMENT Tom Brubaker, City Attorney . Phone- 253-856-5770 K E N T Fax. 253-856-6770 WASH' NGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 3, 2007 To: Operations Committee From: Tom Brubaker, City Attorney Tom Guilfoil, Assistant City/Prosecuting Attorney Regarding: Taxicab and Vehicles For-Hire Regulation - Ordinance and Interlocal Agreement with King County MOTION: Recommend council adopt the proposed ordinance which amends Ch. 5.03 of the Kent City Code to appoint King County as the licensing and enforcement authority of taxicabs and vehicles for-hire operating within the City of Kent, and authorize the mayor to sign the corresponding interlocal agreement between the city and King County. SUMMARY: RCW 81.72.210 provides that local municipalities may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions. When the city of Kent adopted its taxicab licensing provisions, the stated intent was to adopt King County taxicab regulations. However, no agreement was entered into between the City and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the City of Kent. The purpose of the proposed ordinance is to correct that oversight. A number of other municipalities have entered into agreements with King County for the regulation of taxicabs and for-hire vehicles, including Bellevue, Burien, Covington, Federal Way, Kenmore, Kirkland, Maple Valley, Port of Seattle, Sammamish, SeaTac, and Seattle. Therefore, King County is well qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business Accordingly, the City desires to obtain the assistance of King County in regulating taxicabs and for-hire vehicles, and the driver's thereof, within the City of Kent. In order to appoint King County as the licensing and enforcement authority of taxicabs and I for-hire vehicles operating with the city, it is necessary to enter into an interlocal agreement which outlines each parties duties and responsibilities. The proposed ordinance is also needed in order to grant King County the necessary authority to enforce its code provisions within the city's jurisdiction. BUDGET IMPACT: None. i ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Ch. 5.03 of the Kent City Code, entitled "Taxicabs and Vehicles For-Hire," to formally delegate to King County the regulation of taxicabs and vehicles for-hire and operating within the city of Kent. RECITALS 1 A. RCW 81.72.210 provides that local municipalities may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions. B. In 1975, the city of Kent adopted Ordinance No. 1922, which required taxicab companies operating in the city of Kent to obtain a city business license and a King County taxicab or for-hire vehicle license. This ordinance was later codified in Ch. 5.03 of the Kent City Code. IC. Although the caption of Ordinance No. 1922 stated the intent was to adopt King County taxicab regulations, no specific language of such adoption was made within the body of the ordinance and no agreement was entered into between the city and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the city of Kent. This ordinance corrects that oversight. D. Ch. 39.34 RCW allows municipalities to contract with one another for cooperative action in order to make the most efficient use of their powers. In order to adequately protect the interests of the county, the city, and their 1 Taxicabs and Vehicles For-Hire L Appointment of King County as Licensing and Enforcement Authority i respective citizens, it is desirable to provide for a uniform county-wide system of licensing and regulating taxicabs and for-hire vehicles and their drivers. F. King County currently contracts with eleven (11) other municipalities for the regulation of taxicabs and for-hire vehicles—Bellevue, Burien, Covington, Federal Way, Kenmore, Kirkland, Maple Valley, Port of Seattle, Sammamish, SeaTac, and Seattle. Therefore, King County Records, Elections, and Licensing Services Division is well qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business. Accordingly, the city desires to obtain the assistance of King County in regulating taxicabs and for-hire vehicles, and the driver's thereof, within the city of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Ch. 5.03 of the Kent City Code, entitled "Taxicabs and Vehicles For-Hire," is amended to read as follows: CHAPTER 5.03 TAXICABS AND VEHICLES FOR-HIRE Sec. 5.03.010. City of Kent Ta*ieafrbusiness license required. All taxicab and for-hire vehicle companies located and/or operating within the city shall secure a city business license. Sec. 5.03.020. King County taxicab and for-hire vehicle license required. All taxicabs and for-hire vehicles operating within the city shall secure a King County taxicab or for-hire vehicle license. Sec. 5.03.030. Appointment of licensing and enforcement authority. 1 2 Taxicabs and Vehicles For-Hire Appointment of King County as Licensing and Enforcement Authority 1 A. Pursuant to an interlocal agreement, the director of the King County 1 Department of Executive Administration, and his or her authorized representatives are delegated the power to determine eligibility for King County taxicab and for-hire vehicle licenses and the power to enforce the provisions of this jchapter, which shall include the power to deny, suspend or revoke King County taxicab and for-hire vehicle licenses. A copv of the interlocal agreement shall be available in the city clerk's office for use and examination by the public. B. Denial, suspension, or revocation of any King County taxicab or for-hire vehicle license shall cause the immediate denial, suspension, or revocation of any Kent business license issued for the operation of taxicab or for-hire vehicle companies. Sec. 5.03.040. Licensina and regulation of taxicab and for-hire vehicles—Adopted by reference. A. The following sections of Ch. 6.64 of the King County Code, as currently enacted or as later amended or recodified, are adopted by this reference and shall 1 have the same force and effect as if set forth in this ordinance, except that, unless the context indicates otherwise, the word "county" and the words "King County' shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances. B. If a county ordinance specifically adopted in this chapter refers to another county ordinance not specifically adopted in this chapter, the ordinance referred to shall be given the force and effect necessary to enforce the ordinance specifically adopted in this chapter. IKing County Code f : Title: 6 64 005 Purpose. 664.007 Scope of authority. 6 64 010 Definitions. 6.64015 Interlocal agreement 6.64.025 Fees. 6 64 200 Service organization registration. 1 664.210 Color scheme. 3 Taxicabs and Vehicles For-Hire Appointment of King County as Licensing and Enforcement Authority 6.64.220 Independent color scheme. 6.64.300 Taxicab and for-hire license required. 6.64.310 Application. 6.64.320 Required documents. 6.64 330 Applicant requirements. 6.64.340 Vehicle requirements. 6.64.350 Insurance required. , 6.64.360 Certificate of safety. 6.64.370 Vehicle standards. 6.64.380 Taxicab and for-hire vehicle license expiration. 6.64.390 Taxicab and for-hire vehicle license plate. 6.64.400 Taximeter. 6.64.410 Consumer information board. 6.64.420 Taxicab and for-hire licensee - Responsibilities. 6.64.430 Standards for denial - Taxicab or for-hire vehicle owner. 6.64.440 Standards for suspension and revocation - Taxicab or for-hire vehicle licensee. 6.64.450 Destruction, replacement, retirement of a taxicab. 6.64.460 Surrender of vehicle license. 6.64.500 For-hire driver's license required. 6 64 510 Application 6.64.520 Investigation. 6.64.530 Qualifications. 6.64.540 Temporary permit. 6.64.550 Application null and void. 6.64.560 Medical certification. 6.64.570 Training program. 6.64580 Written and oral examination. 6.64.590 Driving record. 6.64.600 Standards for denial of a license - for-hire driver. 6.64.610 Standards for suspension/revocation - for-hire driver. 6.64.620 License issuance. 6.64.630 License expiration - for-hire driver. 6.64.640 For-hire driver operating standards. 6.64.650 Vehicle safety standards. 6.64660 Conduct standards. 6.64.670 Taxicab meter/rates standards. 4 Taxicabs and Vehicles For-Hire Appointment of King County as Licensing and Enforcement Authority 6 64 680 Driver-passenger relations standards. 6 64 690 Soliciting and cruising standards. 6.64.695 Taxi zone standards. 6.64.700 Taxicab - maximum number. i 6.64.710 Transfer or sale of license. 6 64.720 Industry reporting. ' 6.64.730 Response times. 6.64.740 Annual report. 6 64 750 Determination of fare and number of licenses. 6.64.760 Rates. 6.64770 Rate study. 6 64 800 Infraction. 6.64 810 Misdemeanors. 6.64 820 Civil penalty 6.64.900 Consumer complaint hotline. 6.64.910 Passenger complaint process. 6 64 920 Renewal of license registration or permit - late penalty. 6.64.990 Severability. Ideemed a FAisdemeaneF and Lipen eenvietion theFeef, shall be punishable by a fine F t FneFe than five hundred .d "a ($SOD) r by nt feF a peFied of net FnE)Fe than ene huRdFed eighty (180) days eF by beth sHeh fine and deeFned guilty ef a sepaFate effense FEIF each veh'E'e failing te E8FHPIY With the SECTION 2. - Severabilitv. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. 5 Taxicabs and Vehicles For-Hire Appointment of King County as Licensing and Enforcement Authority SUZETTE COOKE, MAYOR ATTEST: r BRENDA )ACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2007. APPROVED: day of 2007. PUBLISHED: day of , 2007. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK R\Gv11\M01NPNCE\T.x1 KingCwnl R"WOW EOc 6 Taxicabs and Vehicles For-Hire Appointment of King County as , Licensing and Enforcement Authority 1 INTERLOCAL AGREEMENT BETWEEN King County and the City of Kent for Licensing of Taxicabs and For-Hire Vehicles THIS AGREEMENT Is made between King County, a home rule charter county and political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City,"under authority of Chapter 39 34 Revised Code of Washington I WHEREAS, the County and the City have jurisdiction to regulate the business of operating taxicabs and for-hire vehicles and their drivers within their respective boundaries; and I WHEREAS, the business of operating taxicabs and for-hire vehicles presents peculiar licensing and law enforcement problems of a multljurisdictional nature, and WHEREAS, it is desirable, in order to adequately protect the interests of the County and the City and the citizens thereof. to provide for a uniform Countywide system of licensing taxicabs and for-hire vehicles and the drivers thereof, and WHEREAS, the County and Its employees, and more particularly the Licensing Services Section, the Records, Elections and Licensing Services Division, and the Department of Executive Services, are well-qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business; and ' WHEREAS, the City desires to obtain the assistance of the County in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business, and WHEREAS, the County Is ready, willing, and able to assist the City in matters relating to the licensing and enforcement of laws relating to regulation of taxicabs and for-hire vehicles and Ithe drivers thereof, NOW THEREFORE, the County and City hereby agree: 1. City Responsibilities. The City shall: 1 1.1 Enact an ordinance that Is substantially similar to, or adopts by reference King County Code, Chapter 6.64, as now in effect or as hereafter amended. 1.2 Delegate to the County the following. 1.2.1 The power to determine eligibility for licenses issued under the terms of the City ordinance, subject to the review power of the King County Board of Appeals. INTERLOCAL AGREEMENT BTWN KING COUNTY I OF 4 AND KENT FOR TAXICAB AND FOR-HIRE VEHICLE LICENSING 1 1.2.2 The power to enforce the terms of the City ordinance, including the power to deny, suspend, or revoke licenses issued thereunder, subject to the conditions set forth in the City ordinance, and subject to the review power of the King County Board of Appeals. 1.3 Nothing in this agreement is intended to divest the City of authority to Issue notices of violation and court citations for alleged violations of City ordinances. The authority to Issue notices of violations and court citations may be exercised by either the County or City. 1.4 The services provided by the County pursuant to this agreement do not include , legal services, which shall be provided by the City at its own expense 2. County Responsibilities The County shall act as the City's agent through the Records, Elections and Licensing Services Division in performing the following in accordance with enabling ordinances and Records, Elections and Licensing Services Division administrative procedures: 2.1 Perform, consistent with available resources, all services relating to licensing and enforcement of City ordinances pertaining to taxicabs and for-hire vehicles and drivers thereof 2.2 Provide the same degree, type and level of service as is customarily provided to residents of unincorporated King County. 2.3 The rendition of such service, the standards of performance, the discipline of employees, and all other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. In the event of a dispute between the parties as to the extent of the service to be rendered hereunder, or the minimum level or manner of performance of such service, the determination of the Director(County Administrative Officer) of the King County Department of Executive Services shall be final and conclusive in all respects as between the parties hereto. 3. Compensation and Method of Pam. 3.1 The County shall retain all fines and fees collected pursuant to the licensing of taxicabs and for-hire vehicles and the drivers thereof No additional compensation will be due from the City. This provision shall not apply to business license fees collected by the City. 3.2 The parties agree that all fines levied by a court of competent jurisdiction or civil penalties assessed by the Director of the Department of Executive Services (County Administrative Officer) or his duly appointed authorized representative for violation of city ordinances regulating the taxicab and for-hire vehicle business and for-hire drivers shall become the property of the County. 1 INTERLOCAL AGREEMENT BTWN KiNG COUNTY 2 OF 4 AND KENT FOR TAXICAB AND FOR-HIRE VEHICLE LICENSING 4. Duration. This agreement shall be effective for one year from the date of execution and shall automatically renew from year to year, unless either party provides sixty (60) days' written notice to the other party to terminate this agreement Immediately after the sixty (60) days. 5 Complete Expression of Agreement. The parties agree that this agreement is the complete expression of the terms hereto, and any oral representation or understanding not incorporated herein is excluded 6. Mutual Covenants Both parties understand and agree that the County is acting hereunder as an independent contractor, with the intended following results I 6.1 Control of County personnel, standards of performance of this agreement, discipline, and all other aspects of performance shall be governed entirely by the County; r6.2 All persons rendering services hereunder shall be for all purposes employees of the County, although they may from time to time act as commissioned officers of the City, 6.3 The contact person for the City regarding citizen complaints, service requests and general information on taxicab services is the Superintendent of the King County Licensing Services Section 7. Indemnification. 71 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence, validity, effect, or legal enforcement of City ordinances, rules, or regulations If any such cause, claim, suit, action, or I administrative proceeding is commenced, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 7.2 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought I against the City or the City and the County, the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respective officers, agents and employees, the County shall satisfy the same. INTERLOCAL AGREEMENT BTWN KING COUNTY 3 OF 4 AND KENT FOR TAXICAB AND FOR-HIRE VEHICLE LICENSING I t 7.3 The City shall indemnify and hold harmless the County and its officers, agents. and employees, or any of them, from and against any and all claims, action, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents, and employees. In the event that any suit based upon such a claim. action, loss, or damage is brought against the County or the City, the City shall defend the same at its sole cost and expense, and if final judgment be rendered against the County, and its officers, agents, and employees or jointly against the County and the City and their respective officers, agents and employees, the City shall satisfy the same. 8. No Third Party Beneficiaries This agreement is intended for the sole benefit of the undersigned parties and is not intended to create any third party beneficiaries. 9. Administration. This agreement shall be administered by the Director of the Records, Elections and Licensing Services Division, or his or her designee, and the Mayor, or his or her designee. 10. Amendments This agreement may be amended at any time by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this agreement, which shall become effective on the last date entered below KING COUNTY CITY OF KENT King County Executive Mayor Date Date Attest: City Clerk Date Approved as to Form: Approved as to Form: Deputy Prosecuting Attorney Date Assistant City Attorney Date r a.,ri i.,,upmek.vxmc.,,i i„nin.,.c a nvn�o,.ri.u. t INTERLOCAL AGREEMENT BTWN KING COUNTY 4 OF 4 AND KENT FOR TAXICAB AND FOR-HIRE VEHICLE LICENSING ' i TAXIS- BUSINESSES AND DRIVERS 6.64 Chapter 6.64 TAXIS-BUSINESSES AND DRIVERS I. GENERAL PROVISIONS Sections: 6.64.005 Purpose. 664.007 Scope of authority. 1 664010 Definitions. 6 64 015 Interlocal agreement. 664.025 Fees. 11. TRADE NAME AND COLOR SCHEME REGISTRATION 6.64 200 Service organization registration. 6.64.210 Color scheme. 6.64220 Independent color scheme III. VEHICLE LICENSE REQUIREMENTS AND STANDARDS 6.64.300 Taxicab and for-hire license required 6 64 310 Application 6.64.320 Required documents. 6 64 330 Applicant requirements. 664340 Vehicle requirements 664.350 Insurance required. 6.64.360 Certificate of safety. 6.64370 Vehicle standards. 6.64.380 Taxicab and for-hire vehicle license expiration 664.390 Taxicab and for-hire vehicle license plate. 6 64 400 Taximeter 664.410 Consumer information board. 664.420 Taxicab and for-hire licensee-responsibilities 664.430 Standards for denial-Taxicab or for-hire vehicle owner. 6.64.440 Standards for suspension and revocation-taxicab or for-hire vehicle licensee. 6.64.450 Destruction, replacement,retirement of a taxicab. 6.64.460 Surrender of vehicle license. (King County 12-2005) 6-119 664 BUSINESS LICENSES AND REGULATIONS IV FOR-HIRE DRIVER REQUIREMENTS AND STANDARDS 6 64.500 For-hire driver's license required. 6 64 510 Application 664.520 Investigation. 6 0"4.530 �UaiifiiatiaRS. 664.540 Temporary permit. 6.64550 Application null and void_ 6,64.560 Medical certification. 664.570 Training program. 664.580 Written and oral examination. 6.64.590 Driving record 664.600 Standards for denial of a license-for-hire driver. 6.64.610 Standards for suspension/revocation -for-hire driver. 664.620 License issuance 6 64 630 License expiration-for-hire driver. 6.64.640 For-hire driver operating standards. , 664.650 Vehicle safety standards. 6 64.660 Conduct standards 664.670 Taxicab meter/rates standards. 664.680 Driver-passenger relations standards. 6 64 690 Soliciting and cruising standards. 6 64 695 Taxi zone standards. V_ ENTRY STANDARDS AND RATES 6,64700 Taxicab—maximum number. 6.64710 Transfer or sale of license. 6 64 720 Industry reporting. 6 64 730 Response times. 6 64 740 Annual report. 6.64750 Determination of fare and number of licenses. 6 64 760 Rates. 6 64 770 Rate study. VI. PENALTIES 6.64.800 Infraction. 6.64.810 Misdemeanors. 6.64.820 Civil penalty. VII. MISCELLANEOUS 6.64.900 Consumer complaint hotline. 6.64910 Passenger complaint process. 6.64920 Renewal of license, registration or permit-late penalty. 6 64.990 Severability. CROSS REFERENCE: Taxicab operating agreement at airport, see K.C.C.chapters 15.48 and 15.80. (King County 12-2005) 6-120 TAXIS-BUSINESSES AND DRIVERS 6.64 005 -6,64 007 I. GENERAL PROVISIONS 6.64 005 Purpose. The purpose of this chapter is to further for the public the safety, reliability, and economic viability and stability of privately operated taxicab transportation services within King County These matters are matters of public concern, and accordingly, this chapter is intended to protect the public as a whole and shall not be construed to create a duty toward any particular individual or groups of individuals. (Ord. 10498§3, 1992). 6.64.007 Scope of authority. Unless otherwise specifically stated, binding provisions shall apply to i all licensees operating in the unincorporated areas of King County and other jurisdictions or public agencies authorized to contract for services with King County under the authorities provided in the Interlocal Agreement Act, RCW 39 34, as amended, provided, that should provisions herein conflict with those contained in any such mlerlocal agreement, the inledocal agreement shall supercede in all cases (Ord. 10498§4, 1992) I (King County 9-2005) 6-121 6 64.010 BUSINESS LICENSES AND REGULATIONS r 6.64.010 Definitions. For the purposes of this chapter and unless the context plainly requires otherwise,the following definitions apply. A "Affiliated representative" means the individual within the service organization who has the authority to file special rates and contract agreement rates and charges for a group of affiliated taxicabs, and ' who is designated as the individual responsible for the receipt of any correspondence or notices pertaining to the service organization or the taxicabs or for-hire vehicles operating within the service organization. B "Affiliated taxicab"means a taxicab associated with a service organization. r C "Alcohol"means a mixture containing no less than eighty-five percent methanol, ethanol or other alcohols, in any combination, by volume D "Alternative fuel" means a means for propulsion by other than gasoline or diesel fuel "Alternative fuel"includes: , 1 Alcohol; 2 Duel energy; 3 Electricity; 4 Natural gas, 5 Propane,and 6 Human power. E. "Approved mechanic facility"means a garage or repair facility that employs mechanics: 1. Who have successfully passed the examinations of, and met the experience requirements prescribed by,the National Institute for Automotive Service Excellence; 2 Who have been awarded certificates in evidence of competence satisfactory to the director; r 3 Who are authorized emission specialists certified by the Washington Department of Ecology; 4 None of whom are the owner, lessee or driver of a taxicab or for-hire vehicle or the employee of a taxicab or for-hire vehicle company;and 5 None of whom have a financial interest in a taxicab or for-hire vehicle or taxicab or for-hire vehicle company F "Contract agreement rate"means the rate specified in a written agreement signed by both parties r in advance of the dispatch of a taxicab or for-hire vehicle for the services identified in the contract G "Director"means the director of the King County department of executive services and his or her duly appointed representatives. H "Dual energy" means capable of being operated using an alternative fuel and gasoline or diesel fuel. I "Engage in the business of operating a taxicab or vehicle for hire" means the pickup and transportation of any fare paying passenger from a point within the geographical confines of unincorporated King County, whether or not the vehicle is dispatched from a taxicab stand or office within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of unincorporated King County. However, nothing in this chapter shall be construed to apply to taxicabs or for- r hire vehicles licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof,whether or not the ultimate destination or route traveled is within unincorporated King County J. "For-hire driver" means any person in control of, operating or driving a taxicab or for-hire vehicle and includes a lease driver, owner-operator or driver of taxicabs or for-hire vehicles as an employee. K "For-hire vehicle" means and includes every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed and definite route,except: 1 Taxicabs, 2 Passenger vehicles carrying passengers on a noncommercial enterprise basis; 3 Vehicles or operators expressly exempt by the RCW from county regulation, 4 Operators of charter boats. r r (King County 9-2005) 6-122 1 TAXIS-BUSINESSES AND DRIVERS 6 64.010-6 64 015 L. "He" means and includes in all references either he or she. M "His" means and includes in all references either his or her 1 N. "Independent taxicab" means a taxicab that is not affiliated with a service organization 0. "Lease driver" means a for-hire driver who is an independent contractor or sole proprietor and who has a taxicab for-hire vehicle lease contract or other form of agreement with a taxicab or for-hire vehicle owner or sei vice organization iization P. "Lessor"means an owner of a taxicab or for-hire vehicle who leases, by contract or other form of agreement, to a lease driver Q. "Licensee" means all applicants, including for-hire drivers, vehicle owners and service organizations including the affiliated representative required to license under this chapter. R. "Motor vehicle"means every motorized vehicle by or upon which any person may be transported or carried upon a public street, highway or alley, though vehicles used exclusively upon stationary rail tracks or propelled by use of overhead electric wires shall not come under this chapter S "Service organization" means a group of taxicabs owned or operated by the same or various owners and using the same color scheme, trade name and dispatch services, and having an affiliated representative T "Special rate"means discounted rates for senior citizens and disabled. U 'Taxicab" means every motor vehicle used for the transportation of passengers for hire, where the route traveled or destination is controlled by a customer and the fare is based on an amount recorded and indicated on a taximeter or on a special fare rate or contracted agreement as permitted by this chapter V. 'Taxicab vehicle owner"means the registered owner of the vehicle as defined in RCW 46 04 460, as now or hereafter amended. 1 W. 'Taximeter" means any instrument or device by which the charge for hire of a passenger- carrying vehicle is measured or calculated either for the distance traveled by the vehicle or for waiting time, or for both,and upon which the calculated charges shall be indicated by means of figures X "Wheelchair accessible taxicab" means a taxicab designed or modified to transport passengers 1 in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act and inspected and approved by the director or the director's designee (Ord. 15263 § 1, 2005: Ord. 14199§ 121, 2001. Ord. 10498§ 1, 1992). ' 6.64.015 Interlocal agreement. A The executive may execute an interlocal agreement with the City of Seattle and/or the Port of 1 Seattle for the purposes of coordinating and consolidating for-hire driver, taxicab and for-hire vehicle licensing, administration and enforcement, reducing duplication of licensing functions, and a sharing of license fees as agreed to by the city and county. The agreement may authorize the city to accept and investigate applications for and issue taxicab and for-hire vehicle licenses and license renewals on behalf of the county, provided that the city uses the requirements of this chapter for taxicab and for-hire vehicle licenses The agreement may authorize the county to accept and investigate applications for and issue for- hire driver licenses and license renewals and/or taxicab vehicle licenses and license renewals on behalf of the city, provided that the city agrees to the requirements of this chapter for driver licenses and/or taxicab licenses B The executive is directed to begin negotiating an intedocai agreement with the City of Seattle and with the Port of Seattle to accomplish the objectives stated in KC C.6.64.015A The executive shall report to the Council no later than April 1, 1994 on the status of negotiating an interlocal agreement with the City of Seattle and the Port of Seattle regarding regional taxicab and for-hire vehicle regulation (Ord 10498 § 5, 1992) ' (King County 9-2005) 6-123 6.64 025-6 64 220 BUSINESS LICENSES AND REGULATIONS , 6.64 025 Fees. The following nonrefundable fees for taxicab and for-hire vehicles shall apply- A. Taxicab or fcr-hire veh;cle license Taxicab $300 00 Wheelchair accessible taxicab No fee Taxicab late fee $30 00 For-hire vehicle $300 00 For-hire vehicle late fee $30 00 Vehicle equipment change $75 00 Change of owner- Sepl/Feb $300 00 Mar/Aug $150 00 Replace taxicab plate $25.00 B. For-hire driver Taxicab and for-hire license $75 00 Late fee $15.00 , ID photo $5 00 Fingerprinting per charge authorized by RCW 10 97.100 Replacement license $5 00 Training fee per contract (Ord 15263 § 2, 2005 Ord. 15059§2, 2004- Ord 13334 § 2, 1998 Ord 11558 § 1, 1994* Ord 10498 § 6, 1992) It. TRADE NAME AND COLOR SCHEME REGISTRATION 664.200 Service organization registration. A registration shall be filed by the affiliation representative with the director annually on or before August 31 on forms provided for same and shall be sworn to and notarized and include the following: A The name, business address,and business phone number of the service organization, B Ownership information including the names, home addresses, phone numbers, dates of birth, social security numbers of any owner, or if a corporation or other business entity, of the officers and registered agent, true legal name, state of incorporation and Washington business license number, and any other information which may be reasonably required, C The color scheme the taxicabs in the service organization will be operating under and two (2) 2" X 2"sample color chips, D The name, address, phone number and date of birth of the affiliated representative, E The taxicab number and the name of each taxicab vehicle owner operating under the service organization; F Any other information as may be required by the director (Ord 10498§7, 1992). 6.64-210 Color scheme. The director shall, in the interest of protecting the public from being deceived or confused, have the exclusive control in the granting of permission to use any color scheme, design,or monogram by any taxicab and/or taxicab service organization (Ord 10498§8, 1992). 6.64.220 Independent color scheme. Independent taxicab owners shall file the color scheme the , taxicab will be operating under on forms provided for same including two (2) 2" X 2" sample color chips. (Ord. 10498§ 9, 1992). (King County 9-2005) 6-124 ITAXIS-BUSINESSES AND DRIVERS 6.64 300-6 64 340 III VEHICLE LICENSE REQUIREMENTS AND STANDARDS 6.64.300 Taxicab and for-hire license required. It is unlawful to own or operate, advertise, or ' engage in the business of operating a taxicab or for-hire vehicle in unincorporated King County without first having obtained, for each and every vehicle so used, a taxicab or for-hire vehicle license (Class M) (Ord. 10498§10, 1992). 6.64.310 Application. An application shall be filed by the registered owner of the vehicle to be used as a taxicab or for-hire vehicle on forms provided by the director The application shall be signed and sworn to by the applicant and shall include- A The full name of the applicant, date of birth, social security number, business address, home address,phone number,and any other applicant information as may be reasonably required; B If the applicant is a corporation, the corporation name, corporation's business address and telephone number, full names, titles, dates of birth, social security numbers, home addresses and phone numbers of each officer, and the name, address, date of birth, and phone number of the registered agent of the corporation, and any other corporation information as may be reasonably required, C. Vehicle information including the name and number the taxicab or for-hire vehicle will be operating under, the make, model, year, vehicle identification number, Washington State license number, and any other vehicle information as may be reasonably required, D Whether or not the applicant(s) have ever had a license suspended, revoked or denied and for what reason, E Criminal history information of the applicant,or if a corporation, each officer and registered agent. (Ord. 10498§ 11, 1992) ' 6 64 320 Required documents. In addition to the application required in Section 6.64.310, the applicant for a taxicab or for-hire vehicle license shall submit the following. A State of Washington For-Hire Certificate; B State of Washington vehicle registration, C Certificate of insurance as required in Section 6 64 350 D Certificate of safety as required in Section 6 64 360 E City of Seattle Weights and Measures vehicle inspection approval, F. Other documents as may be reasonably required. (Ord. 10498§ 12, 1992). 6.64.330 Applicant requirements. No person, or d the applicant is a corporation, no officer or registered agent, shall be issued a taxicab or for-hire vehicle license unless the following minimum applicant qualifications are met. A Must be eighteen years of age or older; B Must present documentation,as required by the United States Department of Justice Immigration and Naturalization Service, that the applicant is authorized to work and/or own a business in (he United States (Ord 10498§ 13, 1992). 6.64.340 Vehicle requirements. No person, or if the applicant is a corporation, no officer or registered agent, shall be issued a taxicab or for-hire vehicle license unless the following minimum vehicle requirements are met: A Must meet a color scheme approved by the director; B. Must be property insured as required in K C.0 6 64.350; ' C Must meet the safety standards as required in K C C 6 64.360; D Must meet the vehicle standards as required in K C.C.6.64.370. (Ord. 10498§14, 1992). L (King County 9-2005) 6-125 6 64 350-6 64.360 BUSINESS LICENSES AND REGULATIONS r 6 64.350 Insurance required. A The applicant shall provide an insurance policy declaration or insurance binder proving compliance with chapter 46 72 RCW, as now or hereafter amended, for each taxicab or for-hire vehicle to be licensed The policy declaration or insurance binder shall also provide that the insurer notify the director of ' any cancellation, in writing, at least thirty days before cancellation of the policy; B The policy shaft be issued by an admitted carrier in the state of Washington with at least an A- financial rating by A M Best, but the director may temporarily suspend either or both of these requirements if r no other viable insurance options are available to the industry, C King County, its officers, officials, agents and employees shall be named as an additional insured Applicant shall provide a copy of the additional insured endorsement; D Not include self-insured retention, nonstandard deductibles, aggregate limits, territorial restrictions, named driver requirements or any other provisions that limit insurance coverage, E In addition, all applicants shall maintain a policy of undennsured motorist coverage which runs to the benefit of passengers. Proof of compliance will be a policy declarations or a binder of insurance indicating a minimum coverage of fifty thousand dollars per person, and one hundred thousand dollars per accident, F If an insurance policy is cancelled, proof of a new policy must be filed before the date of ' cancellation or the taxicab or for-hire vehicle license is automatically suspended and must be surrendered to the director. (Orel. 15263§ 3, 2005. Ord. 10498§ 15, 1992) 6.64.360 Certificate of safety. The certificate of safety required in K C C. 6.64.320 shall be performed by an approved mechanic facility as defined in this chapter Such inspection shall ensure the mechanical and structural integrity of the vehicle and shall include: A Adequate braking system including emergency or auxiliary as per the manufacturer's allowable , tolerance, B Adequate suspension system to prevent excessive motion when the vehicle is in operation; C Adequate steering system as per the manufacturer's allowable tolerance; r D. Exhaust system that is free of leaks, defects, or tampering and that meets State of Washington motor vehicle emissions standards; E No fluid leaks, including but not limited to motor oil, antifreeze, transmission fluid,and brake Fluid; F Air conditioning system free of CFC leaks, if the vehicle has such system; G No excessive noise; H Mechanically sound; I Front end aligned. (Ord. 10498§ 16, 1992). i r r r 1 r (King County 9-2005) 6-126 TAXIS-BUSINESSES AND DRIVERS 6 64 370 1 6.64.370 Vehicle standards. No taxicab or for-hire vehicle shall be operated unless it meets the minimum vehicle standards as prescribed In this section. Each taxicab or for-hire vehicle shall be inspected by the director before it is placed into service and thereafter semi-annually. No taxicab or for-hire vehicle shall be operated without having passed inspection within the last six months. The inspection required by this section and the vehicle operating standards shall include the following A Current taxicab vehicle plate or for-hire vehicle decal displayed as prescribed by the director; (Class l) B Rate posting, numbers and letters displayed as prescribed by the director; (Class 1) C Color scheme, decals and insignias as approved by the director, (Class 1) ' D Windshield wiping blades, switch and defroster, all fully operational; (Class 1) E. Mirrors, rear and side view(2), adjustable, and free of cracks or defects, (Class 1) F. The taxicab or for-hue vehicle must be equipped with four doors, and all door latches shall be operable from both the interior and exterior of the vehicle, (Class 1) G. The windshield shall be without cracks, chips or defects that could interfere with the drivers vision All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a clean condition so as not to obstruct visibility, (Class 1) ' H. Adequate emergency braking system; (Class 1) I. Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, back-up lights, license plate lights, emergency flashers, and interior lights shall all be operable and property covered with factory equivalent lenses, (Class 1) J Tires, including spare, shall be properly inflated, and have a minimum tread depth of 2/32 inches as determined by gauge,on all surfaces contacting the road, and free of visible defects; (Class 1) ' K No loose items on the taxicab or for-hue vehicle dashboard or rear shelf, (Class 1) L. Horn fully operational, (Class 1) M. Interior panels free of rips or tears, intenor lights, dashboard instruments and lights operating properly, (Class 1) N Floor covering on all floor areas,no metal showing, and no torn or ripped floor mats, (Class I) O. Upholstered area and headliner to have no rips,torn seams, holes, or burns; (Class 1) P Seats shall be unbroken,fastened securely, and have no exposed springs,wires, or framework; ' (Class 1) C. Seat belts shall be functional and readily available for passenger use; (Class 1) R Pedals shall have rubber pads with no metal showing; (Class I) S. The trunk or luggage area must be covered either with a factory covering or a floor carpet. This covering or carpet shall be maintained in a clean condition, free of foreign matter, offensive odors, and titter. The trunk or luggage area shall contain only the following items. 1 A spare tire(Inflated), 2. Those tools or accessories necessary for the safe operation of the taxicab or for-hire vehicle; 3. Those items necessary for vehicle cleaning and passenger safety and/or convenience, 4. A serviceable tire jack (Class 1) T. Bumpers and body molding must be in good condition and properly attached as the manufacturer intended; (Class 1) 1 (King County 9-2005) 6-127 6.64 370-6.64 400 BUSINESS LICENSES AND REGULATIONS U General body is to be free of noticeable dents, rust or holes which would impair the appearance ' or serviceability of the vehicle A violation of this section is deemed to have occurred any time one or more of the following exists: 1 There are any visible dents which exceed three(3) square feet in any single area of the exterior surface of the taxicab or for-hire vehicle, provided, that the deepest point of depression is three-quarters of an inch deep or greater, or; 2. There are any visible dents which exceed four square feet of the total exterior surface of the taxicab or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater,or, 3. There are any visible dents which exceed six lineal feet of the total exterior surface of the taxicab ' or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater, or, 4. There are any areas of the exterior surface of the taxicab or for-hire vehicle that contain a hole larger than six square inches, or; ' 5. There is a visible dent which exceeds twelve inches square, provided that the deepest point of depression is more than two inches. (Class 1) V. Wheels and rims straight and aligned properly Wheels must have hubcaps or covers. Rims are to be of uniform color, (Class 1) W. Two-way radio dispatch or telephone operational; (Class 1) X Meter sealed and functioning per ordinance requirements; (Class I) ' Y Functional heater, defroster, and fan; (Class 1) Z Consumer information board included as prescribed by the director; (Class 1) AA.' Decals, posters, or any other material shall not be placed on the knnndows or windshield so as to obscure the drivers or passengers view, (Class 1) ' BB A toplight that is activated by the use of the meter, size of the toplight and activation as prescribed by the director; (Class 1) CC Other reasonable requirements as may be determined by the director (Ord. 10498 § 17, , 1992) 6.64.380 Taxicab and for-hire vehicle license expiration. All taxicab and for-hire licenses shall ' expire on June 30 of each year. (Ord 15263§ 13, 2005 Ord 10498§ 18, 1992). 6.64.390 Taxicab and for-hire vehicle license plate. The director shall furnish with each taxicab or for-hire vehicle issued one or more plates, decals, or tags, bearing the taxicab or for-hire vehicle number, , as assigned by the director, and the expiration year of the license All plates, decals or tags shall remain the property of the director. (Ord. 10498 § 19, 1992) 6.64.400 Taximeter. ' A Each taxicab shall be equipped with a taximeter as prescribed by the director; B Every taximeter shall be installed at the right side of the driver, either adjoining the cowl or dashboard of the taxicab, and,except for special service vehicles,shall contain only one fare rate; C The reading face of the taximeter shall at all times be well lighted and distinctly readable to passengers, D Upon satisfactorily passing the meter inspection, a written notice shall be plainly posted and a , security seal attached to the taximeter as prescribed by the director; E. The taximeter shall conform to the requirements prescribed in Weights and Measures Handbook #44 as now or hereafter amended F. The taximeter must have the capacity of storing the following information: 1. Total trips; 2. Total paid miles; 3. Total miles operated; ' 4 Total number of fare units and/or fare dollars; 5 Total number and/or dollars for extras. (Ord. 10498§20, 1992). (King County 9-2005) 6-128 ' TAXIS-BUSINESSES AND DRIVERS 6.64.410-6.64.430 ' 6.64.410 Consumer information board. Each taxicab or for-hire vehicle shall be equipped with a consumer information board, the size, material, and placement to be prescribed by the director. Such board shall include, at a minimum, the taxicab or for-hire vehicle name and number, the driver's for-hire driver's license number, the taxi hotline number and consumer survey and complaint cards. (Ord. 10498 § 21, 1990). 6.64.420 Taxicab and for-hire licensee- responsibilities. It is the responsibility of each taxicab or for-hire vehicle licensee to ensure that the following conditions or requirements are met and continually maintained: A. Proof of insurance as required in K.C.0 6.64.350 is on file with the director(Class M); B. Any person driving, operating, in control of or any lessee of the taxicab or for-hire vehicle has been issued a for-hire driver's license and the license is valid (Class M), C The taxicab or for-hire vehicle meets the safety standards in K.C.C. 6.64 360 at all times the vehicle is operating(Class I or M), D The taxicab or for-hire vehicle meets the vehicle standards as set forth in K.C.C. 6.64.370 at all times the vehicle is operating(Class I or M); E. The taxicab or for-hire vehicle owner shall maintain a business address and a mailing address where he can accept mad, and a business telephone in working order that can be answered during normal business hours,Monday through Friday, and during all hours of operation(Class 1), and F A wheelchair accessible taxicab licensee must personally operate the vehicle a minimum of forty ' hours per week for at least forty weeks per year(Class I) (Ord 15263§4, 2005: Ord. 10498§22, 1992). 6.64.430 Standards for denial-Taxicab or for-hire vehicle owner. A The director shall deny any taxicab or for-hire vehicle owner license application if he determines that the applicant, or if a corporation, any of the officers or registered agent 1 Has made any material misstatement in the application for a license, 2. Fads to meet any of the applicant or vehicle requirements of a taxicab or for-hire vehicle owner licensee; 3 Has had a bad forfeiture or conviction for crimes pertaining to alcohol or controlled substances within five years of the date of application where such crime involved the use of a taxicab. ' B. The director may deny any taxicab or for-hire vehicle owner license application if he determines that the applicant. 1. Has had a bail forfeiture or conviction involving crimes reasonably related to the applicant's ability to operate a taxicab or for-hire business, including but not limited to prostitution, gambling, fraud, larceny, extortion, income tax evasion, provided that such bad forfeiture or conviction was vathin five years of the date of application; 2. Has been found to have exhibited past conduct in driving or operating a taxicab or for-hire vehicle or operating a taxicab or for-hire business which would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to vehicle requirements and the safe operation of the vehicle; 3 Engaged in the business of operating any taxicab or for-hire vehicle for which a license is required while unlicensed or while such license was suspended or revoked_ (Ord. 10498§ 23, 1992), (King County 6-2006) 6-129 6.64.440 BUSINESS LICENSES AND REGULATIONS 6.64.440 Standards for suspension and revocation-taxicab or for-hire vehicle licensee. ' A A taxicab or for-hire vehicle owner's license shall be immediately suspended if: 1. At any time the insurance as required in K.C.C. 6.64.350 expires, lapses, is cancelled or is revoked; 2. The taximeter security seal is missing, broken or tampered with, ' 3. The director places the vehicle out-of-service for a violation of a vehicle standard which is found to be an immediate safety hazard and summary suspension is necessary to prevent a clear, substantial and imminent hazard to life, safety, or property; 4. The vehicle owner fads to comply with a written notice of violation or notice of correction within the prescribed time; 5. It is discovered after license issuance that the applicant or if the applicant is a corporation, any of the officers or registered agent, failed to meet the applicant qualifications or that the vehicle faded to meet the vehicle qualifications at the time the license was issued. B. The director may suspend or revoke a taxicab or for-hire vehicle owner's license if he determines that the licensee has: 1. Received a conviction or bail forfeiture for a crime that would be grounds for denial as set forth in K.C.C.6 64.430; 2. Been found to have exhibited a record that would lead the director to reasonably conclude that the taxicab or for-hire vehicle owner licensee would not comply with the provisions of the chapter related to vehicle standards or operating requirements; 3 Allowed the operation of a taxicab or for-hire vehicle that does not meet the safety standards ' and the vehicle standards as set forth in this chapter, 4. Submitted a safety inspection form that was not completed by an approved mechanic facility as defined in this chapter, 5 Provided false information in connection with the annual industry reporting required in this ' chapter;or 6 If licensed as a wheelchair accessible taxicab; a. failed to personally operate the vehicle for a minimum of forth hours per week for at least forty , weeks per year; b failed to provide priority service to private pay passengers in wheelchairs or other mobility devices;or c. failed to comply with any of the requirements in the wheelchair accessible taxicab demonstration project operating agreement. (Ord. 15263§ 5, 2005 Ord. 10498§24, 1992) r (King County 6-2006) 6-130 ' TAXIS -BUSINESSES AND DRIVERS 6.64.450-6,64.510 6.64.450 Destruction, replacement, retirement of a taxicab. A The taxicab vehicle owner shall notify the director within five working days whenever a taxicab is destroyed, rendered permanently inoperable, or is sold B A replacement vehicle must be placed in service within sixty days of the date the original vehicle is removed from service unless prior written permission has been obtained from the director. It is the intent of this section that the director in granting such permission gives due consideration to the operating situation of the permit holder on a case-by-case basis. The following guidelines are to be used in granting permission for a permit holder to take longer than sixty days in placing a replacement vehicle in service. 1. The licensee must submit a written request for an extension of time, stating the specific reason additional time is required and identifying a plan and timetable for placing the replacement vehicle in service_ Written documents sufficient to substantiate the factual information contained in the request should also be submitted; 2. The plan and timetable submitted must reflect a reasonable approach for placing the vehicle in ' service within the shortest possible time frame; 3. An additional period of time not to exceed sixty calendar days may be granted to a permit holder in case of severe personal illness or other similar hardship, 4. An additional period of time not to exceed thirty calendar days may be granted to a licensee in case of extensive vehicle repairs or other similar reason; 5 No extensions will be granted to any permit holder who is unable to meet the basic operational costs, including liability insurance, regulatory fees, and normal maintenance and repairs of operating a taxicab vehicle, 6. No more than one extension in time will be granted for each vehicle permit during its license year(September 1 through August 31) C When a permit holder permanently retires any taxicab vehicle from service and does not replace it within 60 days, the permit for each retired vehicle shall be considered abandoned and null and void_ The permit holder shall immediately surrender each related taxicab plate to the director. Such abandoned permits may not be restored or transferred by any means (Ord. 10498§ 25, 1992). 6.64.460 Surrender of vehicle license. When a vehicle has been placed out-of-service, or a taxicab or for-hire vehicle license has been suspended or revoked, the operation of the taxicab or for-hire vehicle must cease, and the vehicle license plate or decal and taxicab or for-hire vehicle license surrendered immediately to the director (Class M) (Ord. 10498 § 26, 1992) ' IV_ FOR-HIRE DRIVER REQUIREMENTS AND STANDARDS 6 64.500 For-hire driver's license required. It is unlawful for any person to drive, be in control of, or operate a taxicab in the unincorporated areas of King County without first having obtained a valid for-hire driver's license. (Class M) (Ord.10498§27, 1992) 6.64.510 Application. The applicant shall file an application on a form furnished by the director, which shall be signed and sworn to by the applicant and shall include. Name, height,weight, color of hair and eyes, residence address, place and date of birth, social security number, Washington State driver's license number, aliases, criminal history information,whether or not the applicant has ever had a license suspended, revoked, or denied and for what cause, and such other information as may be reasonably required (Ord. 10498§28, 1992). ' (King County 9-2005) 6-131 6.64 520-6,64 530 BUSINESS LICENSES AND REGULATIONS 6.64.520 Investigation. All applicants for a for-hire driver's license shall be referred to the King County department of public safety for fingerprinting, and all applications shall be referred for a criminal background check. Information relating to the applicants' criminal history, including nonconviction data, shall be forwarded to the business license section for review. (Ord. 10680§ 1, 1992. Ord 10498 § 29, 1992) 6.64.530 Qualifications. No person shall be issued a for-hire driver's license unless he possesses the minimum following qualifications as further defined in this chapter; A Must be twenty-one years of age or older, B Must possess a valid State of Washington driver's license; C Must submit a physician's certification certifying his fitness as a for-hire driver upon initial application and every three years thereafter; D. Must submit a letter from the taxicab vehicle owner which has been approved by the service organization, if applicable,which indicates which taxicab(s)the applicant is authorized to operate, E Must have completed a training program offered or approved by the director; , F Must successfully complete a written exam as further defined in this chapter; G. Must present documentation, as required by the United States Department of Justice Immigration and Naturalization Service, that the applicant is authorized to work in the United States. (Ord , 1049E§30, 1992). (King County 9-2005) 6 -132 , TAXIS-BUSINESSES AND DRIVERS 6.64 540-6.64.570 6.64.540 Temporary permit. A. Upon application for a For-hire driver's license and successful completion of the written and oral examination, the director may, at his or her discretion, issue a temporary permit, which shall entitle the applicant to operate a taxicab or for-hire vehicle pending final action upon the applicant's application for a period not to exceed sixty days from the date of the application B The temporary permit shall not be transferable or assignable and shall be valid only for the taxicab or taxicabs or for-hire vehicle or vehicles to which the permit was originally issued C The temporary permit shall be immediately null and void should at any time the applicant's Washington state driver's license become expired, suspended or revoked, or following the denial of an application The permit shall remain null and void pending the resolution of any appeal as provided. D In cases where the applicant faits to complete the license issuance process, a temporary license will not be issued, unless the incomplete license application was filed at least two years preceding the application under consideration. (Ord 15263§6, 2005: Ord. 10498§31, 1992) 664.550 Application null and void. All applications for for-hire driver's licenses shall become null and void after sixty days from the date of filing if the applicant, for any reason, fails or neglects to complete the application process or obtain a license (Ord. 10498§ 32, 1992). 6.64.560 Medical certification. A. The medical certification examination required under K.0 C. 6 64.530 shall be performed by a licensed physician who shall certify the applicant's fitness as a for-hire driver. B The scope of the examination and the certificate form shall be prescribed by the director. C The examination shall be required upon initial application, and every three years thereafter; ' provided, however, the director may at any time at his discretion require any for-hire licensee or applicant to be re-examined if it appears that the licensee has become physically or mentally incapacitated to a degree so as to render the applicant or licensee unfit for a for-hire driver. (Ord 10498§ 33, 1992). 6.64 570 Training program. A All for-hire driver applicants are required to complete a training program providing information about the history and geography of the Puget Sound area, defensive driving, use of emergency procedures and equipment for the driver's personal safety, and enhancement of driver/passenger relations, appearance and communication skills B The training shall be required upon initial application. Every three years thereafter, the applicant ' shall be required to complete a refresher course that covers, at a minimum, driver personal safety. C The director shall assure that this training is offered by the county or offered by another public or private entity, or offered by both If training offered by a noncounty entity, certification for purposes of obtaining or renewing a license pursuant to this chapter is contingent upon the director's approval that contents and training staff capability are equivalent to what would be provided through the county. D A for-hire driver who operates a wheelchair accessible taxicab must successfully complete a separate training program for the special needs of passengers in wheelchairs including, but not limited to, ' loading and tie-down procedures and door-to-door service. (Ord 15263§ 7, 2005: Ord. 10498§34, 1992). (King County 9-2005) 6-133 6 64 580-6.64 600 BUSINESS LICENSES AND REGULATIONS 6.64.580 Written and oral examination. , A. An applicant for an initial for-hare license shall be required to successfully complete a written and oral examination Existing for-hire driver licensees who have not completed the written oral examination are ' required to do so at the time the for-hire license is renewed B The written examination shall test the applicant's knowledge of the chapter requirements dealing with fare determination, driver-passenger relations, conduct including the applicant's ability to understand oral and written directions in the English language, vehicle safety requirements and driver regulations, risk factors for crimes against for-hire drivers, emergency procedures and taxicab equipment for driver's personal safety. The written examination shall also test the applicant's geographical knowledge of King County and surrounding areas and local public and tourist destinations and attractions The director shall prescribe the ' content of the examination. C. The oral examination shall test the applicant's ability to speak and understand English sufficiently to perform the responsibilities of a for-hire driver. D The temporary license issued pursuant to K C.C. 6.64.540 will not be issued until successful completion of both the written and oral examination. E. The written examination is not required for the renewal of a for-hire driver's license unless the ' applicant's license has remained expired for more than one year (Ord 15263 § 8, 2005 Ord 10498§ 35, 1992). 6.64.590 Driving record. Each applicant for a for-hire driver's license shall authorize the director to ' obtain a current copy of his driving record from the Washington State Department of Licensing. (Ord 10498 §36, 1992). 6.64.600 Standards for denial of a license—for-hire driver. ' A. For a person holding a for-hire license on the effective date of this ordinance- 1 The director shall deny any for-hire driver license application if the director determines that the applicant: a has made any material misstatement in the application for a license; b. fails to meet any of the qualifications of a for-hire driver, c. has had a bail forfeiture or conviction for a crime pertaining to alcohol or a controlled substance , within five years of the date of application, or d is required to register as a sex offender under RCW 9A.44 130. 2 The director may deny any for-hire driver license application if the director determines that the applicant. a has had a bail forfeiture or conviction involving a crime pertaining to prostitution, gambling, physical violence or other crimes reasonably related to the applicant's honesty and integrity, including but not limited to fraud, larceny, burglary or extortion or reasonably related to the person's ability to operate a taxicab, if the bail forfeiture or conviction was within five years of the date of application; b. has been found to have exhibited past conduct in driving or operating a taxicab that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related , to driver and operator conduct and the safe operation of the vehicle;or c. has been found to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner. ' B For a person applying for a for-hire license on or after the effective date of this ordinance: 1. The director shall deny any for-hire driver license application if the director determines that the applicant: a. has made any material misstatement in the application for a license; ' b. fads to meet any of the qualifications for a for-hire driver; c. has had, within five years of the date of application, a bail forfeiture or conviction for a crime pertaining to alcohol or a controlled substance; ' (King County 9-2005) 6-134 iTAXIS-BUSINESSES AND DRIVERS 6.64600 ' d is required to register as a sex offender under RCW 9A 44130;or e has had, within five years of the date of application, a bail forfeiture or conviction involving vehicular assault or vehicular homicide, or f. has had, within five years of the date of application, a bad forfeiture or conviction Involving reckless driving. 2. The director may consider and deny any for-htre driver license application if the director determines that the applicant ' a has had, within five years of the date of application, a bail forfeiture or conviction involving a crime pertaining to: (1) prostitution; (2) gambling; (3) physical violence; (4) use of a machine gun in a felony(RCW 9.41 225); ' (5) felonies not defined by Title 9A RCW, if the maximum sentence of imprisonment authorized by law upon the first conviction of such felony is twenty years or more(RCW 9.94A.035), (6) criminal attempt when the crime attempted is murder in the first, murder in the second, or arson in the first(RCW 9A 28.020), (7) criminal conspiracy when the object of the conspiratorial agreement is murder in the first (RCW 9A 28 040); (8) murder in the first(RCW 9A 32 030); (9) murder in the second (RCW 9A 32 050); (10) homicide by abuse(RCW 9A 32.055); (11) manslaughter in the first(RCW 9A 32.060); ' (12) assault in the first(RCW 9A 36 011), (13) assault of a child in the first(RCW 9A.36 120), (14) kidnapping in the first(RCW 9A 40 020); (15) rape in the first(RCW 9A.44 040); (16) rape in the second (RCW 9A 44 050), (17) rape of a child in the first(RCW 9A.44 073); (18) rape of a child in the second(RCW 9A.44 076); (19) child molestation in the first(RCW 9A.44 083); (20)arson in the first(RCW 9A 48.020); (21) burglary in the first(RCW 9A 52 020); ' (22) robbery in the first(RCW 9A 56 200), (23) rendering criminal assistance in the first if to a person who has committed or is being sought for murder in the first or any class A felony or equivalent juvenile offense(RCW 9A.76.070); (24) bail jumping if the person was held for, charged with, or convicted of murder in the first (RCW 9A.76.170), (25) leading organized crime as defined by RCW 9A 82 060(1)(a); (26) malicious placement of an explosive in the first(RCW 70 74.270); ' (27) malicious explosion of a substance in the first (RCW 70.74.280), (28) malicious explosion of a substance in the second(RCW 70.74.280); (29) homicide by watercraft(RCW 79A 60 050), or (30) any crime directly related to the occupation of for-hire driver including: (a) crimes concerning honesty and integrity, including but not limited to fraud,larceny, burglary and extortion;or (b) ability to operate a taxicab, b has been found to have exhibited past conduct in driving or operating a taxi that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle, or c has been found to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner (Ord. 13984 § 1,2000 Ord 10498§ 37, 1992) (King County 9-2005) ' 6-135 6.64.610-6.64.650 BUSINESS LICENSES AND REGULATIONS 6.6d 610 Standards for suspensionlrevocation. For-hire driver. , A A for-hire driver's license shall be immediately suspended/null and void if- 1 At anytime his Washington State driver's license expires, is suspended or revoked; 2 It is discovered after license issuance that he fails to meet the qualifications of a for-hire driver, 3 He is found to be in possession of controlled substances or alcohol while in control of or while operating any taxicab or for-hire vehicle, B. The director may suspend or revoke a for-hire driver's license if he determines that the licensee ' has. 1 Received a conviction or bad forfeiture for a crime which would be grounds for denial as set forth in K.C.C.6 64.600; ' 2 Failed to comply with the driver standards asset forth in this chapter; 3 Been found to have exhibited a driving record which leads the director to reasonably conclude that the applicant would not operate a taxicab or for-hire vehicle in a safe manner. (Ord. 10498§ 38, 1992). ' 6.64.620 License issuance. The director may obtain such other information concerning the applicant's character, integrity, personal habits, past conduct and general qualifications as will show the applicant's ability and skill as a driver of a motor vehicle for hire and his honesty, integrity and character for ' the purposes of determining whether the applicant is a suitable person to drive a motor vehicle for hire. If the director is satisfied that the applicant for a for-hire driver's license possesses the qualifications and is a suitable person to drive a motor vehicle for hire under the provisions of this chapter, he shall issue him a for- hire driver's license. (Ord_ 10498§39, 1992) 6.64.630 License expiration. For-hire driver. All for-hire driver's licenses shall expire one year from the date of application (Ord.10498 §40, 1992). 6.64.640 For-hire driver operating standards. No driver shall operate a taxicab or for-hire vehicle in violation of any of the for-hire driver standards as set forth in this chapter. (Ord 10498§41, 1992) 6.64.650 Vehicle safety standards. A. A driver, before starting each shift, shall check the lights, brakes, tires, steering, seat belts, taximeter seal, and other vehicle equipment to see that they are working properly. The driver shall also ensure that the state for-hire certificate, the county and/or city taxicab or for-hire vehicle license, vehicle registration and proof of insurance card are in the vehicle. (Class 1) B A driver shall maintain the interior and the exterior of the taxicab or the for-hire vehicle in a clean condition and good repair (Class 1) C A driver shall not transport more passengers than the number of seat belts available nor more luggage than the taxicab capacity will safely and legally allow (Class 1) D A driver shall not drive,be in control of or operate a taxicab or for-hire vehicle that does not meet the vehicle standards as set forth in this chapter (Class 1) E A driver shall allow the director to inspect the taxicab or for-hire vehicle at any reasonable time or ' place (Class M) (Ord_ 10498§§ 42-46, 1992). (King County 9-2005) , 6-136 TAXIS-BUSINESSES AND DRIVERS 664.660 6.64.660 Conduct standards. A. A driver shall neither drink any alcoholic beverage while on duty or eight hours before going on duty nor have in his or her possession an open or unsealed container of any alcoholic beverage (Class M) B A driver shall, at the end of each trip, check his or her vehicle for any article that is left behind by his or her passenger or passengers The articles are to be reported as found property on the TAXI Hotline, as well as to the service organization, and the articles are to be returned to the service organization or affiliated representative at the end of the shift or sooner if possible. Unaffiliated taxicabs or for-hire vehicles shall deposit the articles at the records, elections and licensing services division(Class M). C. A driver shall have in his or her possession a valid for-hire driver's license at any time he or she is driving, in control of or operating a taxicab or for-hire vehicle and the license shall be displayed as prescribed by the director(Class 1). D A driver shall comply with any written notice of violation or notice of correction by the director ' including removal from service(Class M) E A driver shall not operate a taxicab or for-hire vehicle when the taxicab or for-hire vehicle has been placed out-of-service by order of the director(Class M). F. A driver shall immediately surrender the vehicle license plate or decal to the director upon written notice that the vehicle is out-of-service (Class M) G A driver shall be in control of a taxicab or for-hire vehicle for neither more than twelve consecutive hours nor for more than twelve hours spread over a total of fifteen hours in any twenty-four-hour period. Thereafter,driver shall not drive any taxicab until eight consecutive hours have elapsed (Class 1) H. A driver shall not drive, operate or be in control of a taxicab or for-hire vehicle other than that designated on the driver's temporary for-hire permit(Class 1) I A driver shall not drive, be in control of or operate a taxicab or for-hire vehicle where the customer information board, as required under K C C 6 64 410 is not present and contains the required information (Gass I). J. A driver shall operate the taxicab or for-hire vehicle with due regard for the safety, comfort and convenience of passengers (Class 1) K A driver shall neither solicit for prostitution nor allow the vehicle to be used for such an unlawful purpose(Class M) L. A driver shall not knowingly allow the taxicab or for-hire vehicle to be used for the illegal solicitation, transportation, sale or any other activity related to controlled substances(Class M). M. A driver shall deposit all refuse appropriately and under no circumstances may litter(Class 1) N A driver shall not use offensive language, expressions or gestures to any person while the driver is driving, operating or in control of a taxicab or for-hire vehicle(Class I). O A driver shall not operate a wheelchair accessible taxicab unless the driver has successfully completed the special training requirements,,,K C.C.6 64 570. P. A driver shall not use a cell phone while a passenger is in the taxicab. (Ord 15263 § 9, 2005: Ord 10498§§47-60, 1992) (King County 9-2005) 6-137 6.64.670-6.64 680 BUSINESS LICENSES AND REGULATIONS 6.64.670 Taxicab meterfrates standards. A_ A driver shall not operate a taxicab that has a taximeter which is not sealed, in good working order, or accurate (Class M) B A driver must activate the taximeter at the beginning of each trip and deactivate the taximeter upon completion of the trip. Beginning of a trip means the point where the passenger is seated and the forward motion of the vehicle begins. (Class 1) C A driver shall assure that the meter reading is visible from a normal passenger position at all times (Class 1) D A driver shall not operate a taxicab or for-hire vehicle that does not have the rate posted as prescribed by the director. (Class 1) E. A driver shall not ask, demand or collect any rate or fare other than as specified on the meter, required by ordinance, or pursuant to special rates or contract rates on file with the director (Class M) F A driver shall complete tripsheets and shall show all trips in an accurate and legible manner as ' each trip occurs (Class I) G A driver shall complete all items on tripsheets including 1. Driver's name and for-hire license number, 2. Company name and vehicle name and number; 3 Vehicle for-hire license number, 4. Beginning and ending odometer reading; 5 Beginning and ending time of each shift worked, 6. Date, time, place or origin, and dismissal of each trip, 7. Fare collected; 8. Number of passengers, 9 "No shows", 10 Contract rates or special rates (Class 1) H A driver shall allow the director to inspect the daily trip sheet at anytime while driving, in control of or operating a taxicab. (Ord. 10498§§ 61 -68, 1992) 6.64.680 Driver-passenger relations standards. Al A driver shall wear suitable clothes that are neat and clean and the driver shall be well groomed at all times while on duty. 2. For the purposes of this subsection. a "Neat and clean,"as it relates to clothes, means that all clothing is clean,free from soil, grease , and dirt and without unrepaired rips or tears b "Suitable clothes" mean full-length pants, collared shirt and shoes It shall not be permissible for any dnver to wear as an outer garment any of the following: (1) undershirts or underwear; (2) tank tops; (3) body shirts(see-through mesh); (4) swimwear; (5) jogging or warm-up suits or sweatshirts or similar attire; (6) shorts or trunks(logging or bathing); (7) sandals; or (8) any similar clothing;and c. "Well groomed" refers to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis, and means that hair is neatly trimmed, beards and mustaches are groomed and neatly trimmed at all times in order not to present a ragged appearance and scalp and facial hair are combed and brushed (Class 1). B A driver shall provide his or her customer with professional and courteous service at all times (Class 1). 1 (King County 9-2005) 6-138 TAXIS-BUSINESSES AND DRIVERS 664.680- 6 64.695 C A driver shall not refuse a request for service because of the driver's position in line at a taxicab zone;a passenger may select any taxicab in line(Class M) D A driver shall at all times assist a passenger by placing luggage or packages that are under fifty pounds in and out of the taxicab or for-hire vehicle(Class 1). E A driver shall not refuse to transport in the taxicab or for-hire vehicle: 1 Any passenger's wheelchair that can be folded and placed in either the passenger, driver or trunk compartment of the taxicab or for-hire vehicle, 2 An assist dog or guide dog to assist the disabled or handicapped; and 3. Groceries,packages or luggage when accompanied by a passenger(Class M). F A driver shall provide each passenger a receipt upon payment of the fare. The receipt shall accurately show the date and time, the amount of the fare, the taxicab name and number and the printed name and for-hire driver license number of the for-hire driver(Class 1) G. A driver shall use the most direct available route on all trips unless the passenger specifically requests to change the route (Class M) H. A driver shall not permit a non-fare-paying passenger, or pets, to ride in the taxicab or for-hire vehicle_ Validly licensed trainees, when approved by the passenger, are exempt from this requirement (Class 1). I A driver shall not refuse to transport any person except when: 1. The driver has already been dispatched on another call; 2. The passenger is acting in a disorderly, threatening or suspicious manner, or otherwise causes the driver to reasonably believe that the driver's health or safety, or that of others, may be endangered; 3 The passenger cannot, upon request,show ability to pay fare,or 4 The passenger refuses to state a specific destination upon entering the taxicab(Class M) J A driver shall not smoke while the taxicab or for-hire vehicle is occupied without the consent of all passengers (Class 1). K A driver shall be able to provide a reasonable and prudent amount of change, and if correct change is not available, no additional charge may be made to the passenger in attempting to secure the change(Class 1) L If operating a wheelchair accessible taxicab, a driver shall provide priority service to private pay passengers in wheelchairs or other mobility devices (Ord 15263§ 10,2005. Ord 10498 §§ 69-79, 1992). 6.64.690 Soliciting and cruising standards. A A driver shall not cruise at Sea-Tac airport. (Class M) L B A driver shall not drive, be in control of, or operate a taxicab or for-hire vehicle on the passenger or check-in drives at Sea-Tac airport without having on display a Port of Seattle authorized permit, when available for-hire (Class 1) C. A driver shall not solicit on the Sea-Tac terminal drives or inside the airport terminal budding, (Class I) D A driver may solicit passengers only from the driver's seat or standing immediately adjacent to the taxicab or for-hire vehicle,and only when the vehicle is safely and legally parked. (Class 1) E A driver shall not use any other person to solicit passengers (Class 1) F. A driver shall not hold himself out for designated destinations, provided that nothing shall prevent use of long-haul and short-haul lines at the airport. (Class 1) (Ord 40498§§80-85, 1992) 6.64.695 Taxi zone standards. A A driver while in a taxicab zone shall not leave the taxicab unattended for more than fifteen (15) minutes Such vehicles are subject to impound by order of the director. (Class 1) B. A driver shall occupy a taxicab zone only when available for hire (Class 1) C A driver shalt not perform engine maintenance or repairs on the taxicab while in a taxicab zone. (Class 1) (Ord. 10498§§86-88, 1992). (King County 12-2005) 6-139 6 64.700 BUSINESS LICENSES AND REGULATIONS V. ENTRY STANDARDS AND RATES 6.64.700 Taxicab—maximum number. A The King County council finds that the safety, reliability and economic viability of privately operated taxi transportation is a matter of county concern and regulation of that type of transportation is an essential government function. The council further finds that the maximum number of taxicab licenses sufficient to provide the public adequate taxicab service [is five hundred sixty-one]' The council further finds that some previously issued licenses have reverted to the county and that the demand for service has grown to the extent that the issuance of additional taxicab licenses from within the number of reverted licenses may be justified The council further finds that the escalating cost of a taxicab license as it is transferred between parties may be reflected in higher costs to the customer and may diminish the owner's ability to maintain and upgrade his or her vehicle. B The total number of taxicab licenses issued shall not exceed five hundred sixty-one. The director also shall deny issuance of new taxicab licenses from within the number of reverted licenses as specified by this section unless he or she determines that there is demand for additional taxi service. C The following methodology shall be used to determine whether to issue new taxicab licenses: 1. The director shall periodically make a determination of the need for additional taxi service in areas served by King County licensed taxicabs. The viability of accessible taxi service at levels established in adopted policy shall be the primary consideration Other factors to be considered include: a. coordination with the city of Seattle's taxicab licensing and regulatory framework; b. growth in population, tourists and other visitors to the area; c. the quality of existing taxi service as indicated by response times and customer satisfaction; and d. other indications of unmet demand; 2 Upon determining that a specific number of new taxicab licenses should be issued, the director may issue all or a portion of those licenses through a request for proposals process designed to test alternatives to the current local taxi industry model King County should retain the ability to revoke, reallocate or recondition those licenses should the alternative model prove infeasible; and 3. All taxicab licenses not subject to a request for proposals process shall be issued by lot from a pool of qualified applicants as determined by the director. D The director may issue temporary taxicab licenses to wheelchair accessible taxicab vehicles used to provide transportation to disabled persons who use wheelchairs or other mobility devices The temporary licenses are nontransferable and shall not be included in calculating the maximum number of taxicab licenses allowable pursuant to subsection B of this section_ The transit division shall coordinate a demonstration project to determine the long-term viability of wheelchair accessible taxicab service. E. In order to test alternative ways of structuring taxi associations and the terms of taxicab license leases, the director may issue licenses on condition that the licensees make specific commitments or perform specific actions not generally required of other licensees. The director shall establish the special conditions through the administrative rule making process in accordance with K.0 C. chapter 2 98 The director may revise the conditions applied to such licenses or revoke and reissue the licenses upon determining that the conditions have not been met or that they will not achieve the objectives of the alternative being tested (Ord. 15309 s 1,2005 Ord. 15263§ 11, 2005 Ord. 10498§89, 1990). 'Revisers note: This language was added in Ordinance 15309 but not underlined in accordance with K.C.C_1.24.075. (King County 12-2005) 6-140 TAXIS-BUSINESSES AND DRIVERS 6 64.710-6.64.730 6.64.710 Transfer or sale of license. A Transfer or sale of a license issued before January 1, 2006, to any other person is authorized, except that temporary wheelchair accessible taxicab licenses and all taxicab licenses issued after January 1, 2006, are nontransferable Application for transfer of a license to another person shall include the name of the transferee, and the trade name and color scheme under which the vehicle will be operated, the sales price a.id other information required by the director The trai sferee shall comply with all requirements of this chapter Any transfer of a taxicab license shall be for the transfer of all licenses issued to the vehicle, If the i transfer is for one vehicle license only, the remaining taxicab license shall be considered abandoned, nonrenewable or nontransferable B Unless suspended or revoked, taxicab license may be renewed annually subject to timely payment of license fees and compliance with other relevant provisions of this chapter (Ord. 15309 § 2, 2005 Ord 15263§12,2005 Ord. 10498§90, 1992). 6.64.720 Industry reporting. A Beginning January 1, 1993, the following information must be collected for each licensed taxicab: 1 Total number of trips- 2 Total paid miles 3. Total miles driven 4. Amount of fares collected and number of fare units. 5 Vehicle lease or rental income 6 Costs, including: a Equipment depreciation b. Equipment purchases c. Repair and maintenance costs d Fuel and oil costs e Other supplies f. Leases and service contract costs g License fees and taxes h Insurance i Labor costs (driver salary paid or lessee income retained by lessee) I Other relevant costs, This information must be provided annually to the director on or before January 30th of each calendar year to cover the period from January 1 to December 31 of the prior year. Failure of an owner to report as required shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K C C 6 64.400 Said taximeter shall be capable of issuing receipts to customers. B Information stored on meters as required in KC C. 6.64.400 shall be collected at official county or city taxicab testing stations a minimum of two times per year. Other information required to be reported under this section shall be reported in a manner established by the director C. The director may verify operating cost information reported by the industry as required in this section of this chapter through special audits performed on a random sample basis Failure to submit information required for a special audit to document the costs reported pursuant to this section of this chapter within two weeks of the director's request shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K C.C. 6.64.400. Said taximeter shall be capable of issuing receipts to customers. D Providing data verified to be false is grounds for the suspension or revocation of the license. (Ord. 10498§91,1992). 6.64.730 Response times. The director shall establish a schedule of optimum average taxicab response hmes to requests for taxicab service at selected points within the county The director shall periodically thereafter survey actual taxicab response times A comparison of average actual response times to the optimum average taxicab response times shall be used as an indicator of taxicab industry performance and may be used as one criterion in evaluating and recommending rate and entry changes The director shall publish a draft report of the optimum response times and shall provide a ten-day comment period on the schedule before finalizing the schedule. Comments received by the director shall be included in the annual report submitted to the council pursuant to K.C.C.6 64.750 (Ord 10498§92, 1992) (King County 12-2005) 6-141 6.64 740-6 64 760 BUSINESS LICENSES AND REGULATIONS 6.64.740 Annual report. A On or before April 1 st of each year, beginning April 1, 1993, the director shall file an annual report with the King County council based upon data, collected pursuant to K.0 C. 6 64.730 for the period between January 1 and December 31 of the preceding calendar year B These reports shall include but not be limited to the following: 1. Number of taxicabs licensed in Seattle/King County during the reporting period and during the preceding year 2. Number of drivers licensed in Seattle/King County during the reporting period and during the preceding year 3. Numbers and nature of complaints. 4 Results of a survey of taxicab response times, changes in response times from previous reporting periods, and relationship of the actual response times to the optimum average response time established by the director pursuant to K C.0 6.64.760 5. Results of annual industry reporting including total net profit as reported. 6. Results of meter readings as required in K.C.C.6 64.720. 7. Any other recommendations deemed appropriate by the director (Ord 10498§93, 1992) 6.64.750 Determination of fares and number of licenses. King County finds and declares that fair and reasonable rates for the taxi industry should be established in the public interest and measured in terms of the taxi industrys need for revenue and the need for adequate service provided to the public as reflected by taxi service response times and other factors affecting the public's safety and welfare. (Ord 10498§94, 1992). 6 64.760 Rates. A. The rates for taxicabs licensed to operate in King County shall be established by the King County council- B. In reviewing rates, the council may take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors: 1. The recommendations of the director pursuant to K C.0 6.68.740, IF any; 2 The public need for adequate taxi service at the lowest level of charges consistent with the provision,maintenance and continuation of such service; 3 The rates of other licensees operating in similar areas; 4. The effect of such rates upon transportation of passengers by other modes of transportation, 5. The licensee's need for revenue of a level which under honest, efficient and economical management is sufficient to cover the cost, including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind, of providing adequate taxi service, plus an amount equal to a percentage of the cost that is reasonably necessary for the replacement of deteriorated taxicabs and a reasonable profit to the licensee, and 6. Consistency of rates with those prescribed by the city of Seattle. C. No taxicab shall have more than one rate on its meter. D. Except for special or contract rates as provided for in this chapter or any per trip fee established by the Port of Seattle and set forth in any operating agreement or tariff, it shall be unlawful for anyone operating a taxicab licensed by King County to charge,demand or receive any greater or lesser rate than the following. Meter rate 1 Drop charge For passengers for first 1/10 mile $2.50 2. Per mile. For each Ill mile or fraction thereof after the first 1110 mile $0.20 3. For every one minute of waiting time: Waiting time rates are charged when $0.50 taxicab speed is less than fifteen miles per hour or when customer ask for taxicab to wait 4 Extra charge for passengers over two excluding children under 12 $0.50 (King County 12-2005) 6-142 TAXIS-BUSINESSES AND DRIVERS 6.64 760-6.64 820 E Special rates and contract rates. t Special r ates as defined ;n this chapter shall be calculated as a percentage of the meter rate- 2 All special rates must be filed with the director on forms furnished by the director 3 All special rates or contract rates shall be filed once a year at the time of application by the affiliated representative of a service company or by the vehicle licensee in the case of an independent owner. 4 Licensees may change any special rate filed no more than once a year. 5 Rates for new contracts acquired or changed during the license year shall be filed within two weeks of filing the contract and prior to implementing the contracted rate. F. Every for-hire vehicle licensee shall, before commencing operating, file all rates and charges with the director. All rates and charges shall be conspicuously displayed inside the for-hire vehicle so as to be readily viewed by the passenger The manner of posting will be prescribed by the director. G The rates specified in this section shall not apply to transportation of persons provided pursuant to a written contract that establishes a fare at a different rate for specified transportation and that has been previously filed with the director. No contract may include any provision that directly or indirectly requires exclusive use of the transportation services of the contracting taxicab vehicle. H It is unlawful to make any discriminatory charges to any person, or to make any rebate or in any manner reduce the charge to any person, unless the charge conforms to the discounts or surcharges contained in the filed rates. I. It is unlawful under the Americans with Disabilities Act to charge a special service vehicle rate which is different from the taxicab rates adopted in subsection D. of this section, except in those instances where the transportation of disabled persons is pursuant to a written contract as specified in subsection G of this section. (Ord 15132 § 1, 2005. Ord. 10498§95, 1992) 6.64.770 Rate study. The director shall study the effects of rates and their impact on income of drivers,owners, and service companies,the effects of any rate increases on lease costs to drivers, study the varying markets and rate structures for service companies and independent operators, and study the scarcity or monopoly value of license. Such information shall be forwarded to the council by April 1, 1994. (Ord. 10498§96, 1992). VI PENALTIES 6.64.800 Infraction. Violation of any provisions identified in this chapter as a (Class 1) shall be designated as an infraction. Any person cited for an infraction shall be subject to the Justice Court Rules of Procedures. Any person found guilty of committing an infraction shall be assessed a monetary penalty not to exceed $1,000 00 A finding that an infraction has been committed shall not give rise to any other legal disability which is based upon conviction of a crime. (Ord. 10498§97, 1992) 6.64.810 Misdemeanors. Violation of any of the provisions identified in this chapter as a (Class M) shall be designated as a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000,or by imprisonment in the county tail for not more than 90 days,or both (Ord.10498§98, 1992). �j 6.64.820 Civil penalty. In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the director. The director, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. (Ord. 10498§99, 1992) (King County 12-2005) 6-143 6 64.900-6 64.990 BUSINESS LICENSES AND REGULATIONS VI► MISCELLANEOUS 6.64.900 Consumer complaint hotline. The director may establish, in conjunction with the City of Seattle and the Port of Seattle, a shared consumer complaint telephone number and complaint process. (Ord. 10498§ 100, 1992) 6.64.910 Passenger complaint process. A Upon receiving a written complaint involving the conduct of the for-hire driver, the route of transportation, the rate charged for the transportation, passenger injury or property damage not arising from a vehicle accident, the director shall cause the following to be performed 1. Issue a Notice of Complaint to the for-hire driver and vehicle owner, and company, if applicable, advising such person of the allegation(s)made in the complaint, 2. Require the for-hire driver, vehicle owner, and company if applicable, to respond, in writing, to the allegation(s)in the Notice of Complaint within ten days of receipt of the Notice of Complaint; 3 Investigate the allegation(s) in the written complaint and the response submitted by the for-hire driver,vehicle owner,and company, if applicable; 4. Make a finding as to the validity of the allegation(s) in the written complaint. If it is found to be a valid complaint the director shall issue a Notice and Order pursuant to the process described in K.C.C. 6.01.130. B. Failure to respond, in writing, to a Notice of Complaint within ten days shall constitute a waiver of the for-hire driver's, vehicle owner's, and companys, if applicable, right to contest the allegation(s) in the written complaint and shall be prima facie evidence that the allegation(s)are valid. C. Failure to comply with any Notice and Order issued as a result of the above process will result in the revocation of the license(s) involved. Such revocation will last one year from the date the license(s) is surrendered. (Ord. 10498§ 101, 1992). 6.64.920 Renewal of license, registration or permit - late penalty A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ten working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such penalty is fixed as follows: For a license, registration or permit requiring a fee of fifty cents or more, but less than fifty dollars, twenty percent of the required fee; For a license, registration or permit requiring a fee of fifty dollars or more, but less than one thousand dollars, ten percent of the required fee, For a license, registration or permit requiring a fee of one thousand dollars or more, five percent of the required fee (Ord. 10498§ 102, 1992). 6.64.990 Severability. Should any section, subsection paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 10498 § 103, 1992) (King County 12-2005) 6-144 Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: FALKNER SHORT PLAT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Falkner Short Plat for 5 watermain gate valves, 1 hydrant, 306 linear feet of watermam, 2 sanitary sewer manholes, 260 linear feet of sanitary sewer, 422 linear feet of streets, 2 storm manholes, 5 catch basins, 1 catch basin storm filter, 4,200 cubic feet of detention pond storage, and 715 linear feet of storm sewer lines. The project is located at 22226 — 93`d Ave S. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no. Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 6L Bill of Sale Page 1 of 3 KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Falkner Short Plat A 2-05 14143 LOCATION: 22226-93rd Ave S TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 U 6 , by and between _ l c -L&0_ jAQd.r r LAC, , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County, herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to IGrantee the following described improvements: A. WATF.RMAM: together with a total of 5 gate valves at S 850.00 each,L hydrants at S 3290.00 each and/or any other appurtenances thereto. ON FROM TO 92rd Ave S&private esmt road S 222nd St south&east to end of private road extension. Including 306 linear feet at$ 26.00 per LF of 8"DIP waterline. B. SANITARY CF.W C: Together with a total of 2 manholes at $ 2 MAO each and/or any other appurtenances thereto. ON FROM TO 92`d Ave S& private esmt road S 222nd St south& east to end of private road extension. Including 260 linear feet at S 24,00 per LF of 8"nvc sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON EK 1O Bill of Sale Page 2 of 3 ON FROM TO Public Tract"A" Including 715 linear feet at$ 34.00 per LF of 12"ADS sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. j The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN W �WHEREOF,tpe undersigned has caused this instrument to be executed on this day of 0( }obey ,20Q_. zl—pi� fta4kee--, L'lvrc (,c�e.�c�n STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 JOU before me, the undersigned A Notary Public in and forthf State of Washington,duly commissioned and sworn,Personally appeared V 1C W Q.UA to we known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. Q 1^n./ GIVEN under my hand and official seal this I-\ day of l 0`d ' 20 0U may ter t Nqhary Public inandf for the Sfoh of W 00*10 on State of Washington,residing at My/lppokftw*E4*u Apt 17.2006 My Commission Expires: STATE OF WASHINGTON ) )SS COUNTY OF KING ) ' Bill of Sale Page 3 of 3 Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of .20 1 i 1 KENT WASHINGTON ADDENDUM TO BILL OF SALE ' CITY OF KENT LONG COUNTY,WASHINGTON The figures used on the Bill of Sale for Falkner Short Plat SP-2004-3 i KIVI#RPSS-2061445 aroject dated Cif I C)'O"*L Zi;t-%C, ,were based on the"As-Built" Engineering Plans dated October 20,2006 the same said Falkner Short Plat project. Rodney G.Hansen,P.L.S. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Hansen Surveying ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. Signature z 214U qL LoQ r 149 1 Kent City Council Meeting 1 Date April 17, 2007 Category Consent Calendar i 1. SUBJECT: SILVER CREEK ESTATES SHORT PLAT BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Silver Creek Estates Short Plat for 1 watermain gate valve, 2 hydrants, 280 linear feet of watermain, 1 sanitary sewer manhole, 174 linear feet of sanitary sewer, 623 linear feet of streets, 8 catch basins, and 689 linear feet of storm sewer lines. The project is located at SE 267`n St. and 1061" Ave SE. i 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M Bill of Sale Page 1 of KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN. 220 4re AVENUE SOUTH I ENT,WASHINGTON 98032 S�wE2 PROJECT: O AT' LOCATION: Sr- 2(07*11k SY9- loco N E. TAX ACCT N0:1 00 24+ BILL OF SALE CITY OF KENT KING COUNTY,WASII NGTON THIS INSTRUMENT made this day of E-c�7ra4-1-1 20 by and between LL/Z-1,6671-YJ "• P#n1Ni 6Z1-2 fht'J fFd AJ 1 0 '5F , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinaRer called`°Grantee"�Jky&',L'.'t Aa;M ctm k WTTNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: iA. WATF.RMATNS: together with a total of gate valves at S 4tp0 each,_ z hydrants at S Z f each and/or any other appurtenances thereto. ON c.�E ?�(a7 ib �- FROM I D(Op AV E. SF_ TO E=AsT C (street,esmt,etc) OF IIncluding 2430 linear feet at$ 21. OD per LF of a 1 (size&type) D.Z. waterline. jB. SAMIARY S .WF. S_ : Together with a total of manholes at $ 21 4a0 each and/or any other appurtenances thereto. ON SE 2.V7 6 �s(; FROM I o(Otl► NV E. SIM TO F,4zr F-�D (street,esmt,etc) _ OF SHORT-Pl- r Pagel of 4 Bill of Sale Bill of Sale Page 2 of 4 tt Including 114- linear feet at S 3S�oo per LF of 8 (size& type)___Lk(:.,_sewer line- C. Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. M St. 2JOt" ST. FROM i 00k hVE sE TO E4- r ENb of (street,esmt,etc) Now 6040 OF Sr 1°RT �i�r 0(p A AVE SE' SH a W' PLAN 3u"11 f a"D of -SH6,2-T- Pt- PIT-Including (023 centerline LF at S per LF of AsPHl4l.7 (type)streets,28 tw DEFeet asphalt roadway. D. STORM S . RS: Together with a total of O manholes at S each or a total of_catch basins at S fl 0 each, o LF of blofiltration swale or drainage ditch with a total cost of S , O CF of detention pond storage with a total cost of S ,and/or any other appurtenances thereto. EA-9- lea of ON SE zwiO Sr FROM Io01- AUE TO sF�o�' Pua- (s e1smt,e�c) t= 5E r4* otrr�&.t�F sty-oAx- P ' tom � . LAT- Including UER _linear feet at S '22'-0 o per LF of (size&type) PVC, sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF the undersigned has caused this instrument to be executed on this o day of �b/ULVZ ,20 Ds Cam/ ��JCit-n--i`�/ �(t,V'�YL C4Z�IL �G•Z2q�f'k%�61'{0 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) 17 On this_ day o 20057 , before me,the undersigned A Notary Public in and for the Sta+oW;Vashington,duly commissioned and Page 2 of 4 Bill of Sale jBill of Sale Page 3 of 4 r 1 sworn,Personally appeared ny QAt.n t to me known to be the individual described in and who ex uted the foregoing Instrument,and acknowledged to me that hdshe signed and sealed this i trument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of &41 20 0 Ol ll p`l M p'-i tary Public in and for the 3 . � ; * e State of Washington, residing at .�,.-4-,y4 2p0b •0�,�. 4 QF .. ....• �� ''• WAStI`N ��"""++++•r My Commission Expires:4Or-- STATE OF WASFIINGTON j )SS j COUNTY OF KING �( ) On this I/ day of / ,20 ,before me,the undersigned,a Notary Public in and for t e S of Washington,duly commissioned and sworn,personally appeared 1 Q /C./e.r and r to me known to be the Ill 0- S and VZSv respectively of S r C*-' e that executed the foregoing instrument,and acknowledged the said !#Jtrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto a�,,ithuMegd year first above written. aoea T Aqy �: PUBLIC, ;_ tary Public inland for the -*A' o OF IiY 'a S t of Washington,residing at My Co 1 on Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed #' by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 3 of 4 Bill of Sale KEN a" W A 3 H I N O T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON c The figures used on the Bill of Sale for B/8 ke LA Rae-e J4cr, � �b f project dated .were based on the"As-Built"Engineering Plans dated ////e/D 6 , for the same said 171a.k A y P/8 C e J 11 n project. ,n l T. C the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of RI/ 0-4?eIV" (-ZZvpZt. , the firm responsible for the preparation of the"As-Built"Engineering Drawings. Signature Bill of Sale Pagel of 3 1 KENO" � WASH I N O T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4 AVENUE SOUTH KENT,WASHINGTON98032 PROJECT: Alakel/ plBCG s4oe4gl LOCATION: 98�X .So 6.So Z9 TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this /? 44 day of 2006 ,by and i between 4 Le(.S - S lea-p 4 4 C � /alc "/" .alto plarA hereinafter called"Grantors",and City of Kent,a municipal co ration of King County,State of Washington,herinafter called"Granted': WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WA7 I.R Anvc• together with a total of 3 gate valves at$ -5 0 each, 2 hydrants at S Z000 each and/or any other appurtenances thereto. ON appurtenances / r>r✓d� �a I �TO (street,eamt,etc) .S 235'0-�Place Ca/O Including 2 linear feet at$ 2 per LF of $ u C 1.945 SZ (size&type) waterline. B. Together with a total of L• manholes at S/00 each and/or any other appurtenances thereto. ON (street,esmt,etc) .S 235''k Place c T Including 2 Yo linear feet at$ 2N 00 per LF of (size&type) P VG sewer line. C. 3 " : Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. Bill of Sale Page 2 of 3 CF of detention pond storage with a total cost of$ /Z 00 0 . and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Prius><it JrD Trec/ �'J3 �` Including c�N linear feet At$ per I.F of 12 " J��''�7 c�✓o�nn (size& type & Z sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the ersig ed has caused this instrument to be executed on this da of art ,20 Z 2L I Ar 13b & P/ ';S/18,-p 4 L C STATE OF WASHINGTON ) )SS COUNTY OF 1GNG ) iOn this 19 day of 20-,before me,the undersigned A Notary Public and for tyfiotaite of Washington,duly commissioned and sworn,Personally appeared, nd eiX 2)n to me known to be the individual described in and who executed t foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official"this /qA day of a 1d 20 4� otary Public in and for the N k R,buc State of Washington,residing at 1MKCCA t MMER MY 40PcUnl E VM Aug 15, 2009 My Commission Expires: 'S_/Z909 STATE OF WASHIIHGTON ) )SS Bill of Sale j Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 920 ' Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: BEALL SHORT PLAT BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Beall Short Plat for 2 watermam gate valves, 1 hydrant, 635 linear feet of watermam, 3 sanitary sewer manholes, 565 linear feet of sanitary sewer, 660 linear feet of streets, 2 storm manholes, 7 catch basins, and 20,100 cubic feet of detention pond storage The project is located at 23403 — 98`t' Ave S 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 Ben of Sale Page I of 3 O KENT Wwf N,"OTON MAIL TO: ENGINECONG DI[ARTMENT ATfN: 220d AVINUI90UTII KENT.WASIKINGTON90M PROJECT: F A% " sP LOCATION Z fl Ate'= V—S TAX ACCT NO: B91 OF SALB CITY OF KENT HUNG COUNTY.WASEW4GIFON THIS DISIRUMENT made this day of 2F .by and between hereirtter called"Grubrv"and City of KW6 a municipal corporativism of King Co anty,State of Wa.iingro.,iedmdseregged"GramtWr WrrNFSSETIE That tha sold Gramamm ffr a valuable consideration,does hereby grant,bargain,sell to Gramme the foleoing dacrlbed Immimme seata: A. taaether will,a seta[of _gate valves at S: ".w each, I _ bydrmts at S_4&C&�Neaci and/or any other apporteauems Ibereto. gN S 2iis� FL FRCW 96"Pt ip, S TM WEST- Lcx 44we (street,ese.4 Ole) InelndisK _Homm r feet at 2 5.0y PW LF of L7cc G 1— SZ (alto&type) Watedlme. B. Toldher Wick a total of 3 mashohm:at S 2 WO.Oo each mod for nay other apparfe...c..therMo. ON-S L14`� P+_ FRO"' y��s TQ wESr tor 4-duF— (etIV94 soot,ecc) n Udedleg $65_FasorfeatatS Z-4•9O pWLFoE na ry(. (sine&type) =war sue O C. MM&S Togetber with cube.gaHem sidewalks,mod/or any other appurtenances thereto IQ (streas.oast.etc) Q Iaelmdinl WOO—esnserlae Ly at S ! D•� p"LF of 8eti LF (type)shvela fps_Feet smphah roadwq. a STIMM ,� $$r Togetker with a total of 2 maaho)a at S 3f eaci er a teW of —2 —eascls basims at S eQQ park. a F_ O ------ F of hieftn tlen awmk er Andaw dtt b whh a total cot of s SRO Paget ale Bill of Sale Z'd L961-BEg-%Z 3 d '913)IALi f AONd d50 h0 SO 90 oep Hill Of Sale Pale 2 00 aMO CF of detention pond aloeap with a Sank east of 3 /7 006 00.and?or any other appurtenances thereto. 5 7,54' Pt TO (streeti east;one) tndndig 'e _"W reek st s ZE120 per Ly or ZIE&O (aim&type) zP,xa sewer lir_ To have and to hold the ease to the said Grantee,its successors sad+sips fsrever. The undersigned hereby corem b that it in the lan[al owner of said property:and that the same is fla loam a0 encosbrancW that all bills far labor and material We been paid;that it bas the right to will the sage afwceadd;that it will warrant sad defend the same against the kwfd dais[and dtamad of all person. The Big of Sale is given oa mwddera-I of the agreement of the Grantee for itself,ift attceesaors and nsiQs i icorperab said ntBfYes In Its olillty system and to saintais them es pnvided in the applicable City Ordinances. IN wnmm WmEREOF,the ride sk s d hat caused this instrument to be executed on this 15*- ^day of hac-&rvxht_e— 2oOs - STATE OF WASMGTON ) )Ss COVNTYOFlM4G ' ) I On this day of eeeh be core me,the mdssiped A Notary Pobb In Jbr W 8�ioe dgmhisBt a,duly issiouod and rn,swo persandly aprW rad z rnmm ip r S L�b (1 t�... b no lawn to be the Individual described to sad who executed the foreaoiog instrument and aelnowfedged to me that bHsbe sad and sealed this ina ry eseut an nether flue sad voluntary ad sd deed for the uses and purposes therein restiened. GIVX(adderWWsadol6dal sad this dsyof))CL,f nGegq 1 Di' taky In and for the z. `• of Washiagtom,residing at 1p My C.ommiedoa Expireg ''ttOF` �5�.-' STATE OF WASEUNGTON ) COUNTY OF I 4G j�i Oa this day or before sea,tbe andetdpod,a Notary r.blie L tad for the State of Washingma,dub commissioned said awora,personalty appe" 0 r unman to be the sad respectively of rim that exeeuled the Aee@ 1 fmtr0d,and acknowledged the said instrument to be the free ad vdaotzry act and deed of said for the.m.ad purposes Ihesain seeetieaed,seed an meth stated that they are anlhosired to execate the sasd IsswomsnL Peas 2 ab BillofSala 1 £'d M-W9i;9L 3 d 'Sl3xm r AONv d50 tro 90 40 090 J Bill Of Sale Papa 3 00 Witness my bout aad otHcial sad berate a6a the nay mad year first abwe V� Notary PabUc to and for the State of Waawagtoo,reaming at My Commissions Eapir a: The Bill of Bab is gives and accepted psra mat to a motion duly made,ascended,and passed by the Ctty Connell of the City of Kent,lt7q County,Washington,oa the day of 31 I t i ' 3of3 Billill of Sak f d ZB61'8£9'ESZ 3 ci 'Sl3MAN f AONv d90 40 90 so Oe0 KENT WAS 41NOTON ADDENDUM TO BILL OF SALE CITY OF KENT SING COUNTY,WAS®NGTON The figures used on the Bill of Sale for R EA t.u S m O tX PLAT project dated /" 44te-H ZcQ S ,were based on the"As-Built"Engincermg Plan dated ©�T 2O 2C.. 5 for the same said 61=4t-L C 00- -r tP Vi-r project. MIt1.4AF_L iC AFC 1 R the undefflIM1140d6or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of NciLMV! &i AGw o it I A 5e c m iE T M{tbe firm responsible for the preparation of the"As-Built"Engineering Drawing. Signature �-d ass -ess a '3d 'S-13>ua r kaw C190 to so so 090 t Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: PARK VIEW PLAT BILL OF SALE —ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Park View Plat for 21297 linear feet of streets, 6 storm manholes, 19 catch basins, 125 linear feet of biofiltration swate, 166,190 cubic feet of detention pond storage, and 1,775 linear feet of storm sewer. The project is located northwest of 2881h St SE and 144`h Ave SE intersection. 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No 6P IBill of Sale Page 1 of 3 I KENT WAS HIN G T O N ! MAIL TO: ENGINEERING DEPARTMENT ATTN: Heather Thomas 220 4 TI AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: PARK VIEW LOCATION:Northwest of 2881b Street SE and 1441h Avenue SE Intersection TAX ACCT NO: 342205909902, 342205910306,342205910405, I 342205910488,342205910801, 342205912104, 342205915503 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 4th day of January 20 07 ,by and between Harbour Homes,Inc. , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 0 gate valves at$ 0 each, 0 hydrants at$ 0 each and/or any other appurtenances thereto. ON FROM TO N/A Including 0 linear feet at$ 0 per LF of 0 (size& type)________I_waterline. B. SANITARY SEWERS: Together with a total of 0 manholes at $ 0 each and/or any other appurtenances thereto. ON FROM TO N/A iIncluding 0 linear feet at$ 0 per LF of 0 (size&type) 0 sewer line. Bill of Sale Page 2 of 3 D. STORM SF.) .RS: Together with a total of 6 manholes at$ 2300.00 each or a total of 19 catch basins at$ 800.00 each, 125 LF of biofdtration Swale or drainage ditch with a total cost of$ 50.00 , 166,190 CF of detention pond storage with a total cost of$ 72,500,00 ,and/or any other appurtenances thereto. ON FROM TO 142nd Place SE SE 288'h Street North Project Boundary SE 287`h Street 142d Place SE 144 h Avenue SE SE 286`h Court 142"a Place SE SE 286`h Court East Terminus SE 285�h Place 142"d Place SE 1441h Avenue SE Including 1,775 linear feet at$ 25.00 per LF of 12", 18"and 24" Diameter (size& type) PVC Ribbed sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the t same is free from all encumbrances;that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this E_day of SA"NM2Y .20 0-7 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this � t day of 20 og before me,the undersigned A Notary Public in a d for the State f Washington, duly commissioned and sworn,Personally appeared -3Ohn Mo rl 1 no to me known to be the Individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this c,A day of JUd!t�C1U1 20 o l _�tak f lMM�RA� Notary Public in andf r the �Tf�� State of Washington,residing at STATE OF WIISINN4TOM etc, ( Jr- c�1i1w18810N ExPIiiES � / tBill of Sale Page 3 of 3 STATE OF WASFHNGTON ) )SS COUNTY OF KING ) On this day of ,20 ,before me,the undersigned,a Notary Public in and for the State of Washington, duly I commissioned and sworn,personally appeared and to me known to be the and respectively of the_ that executed the foregoing instrument,anif acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said Instrument. Witness my hand and official seal hereto affix the day and year first above written. 1 Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale Is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent, King County,Washington,on the day of ,20 1 1 i 1 40 KENT W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT I KING COUNTY,WASHINGTON The figures used on the Bill of Sale for the Park View project dated January 4,2007 ,were based on the "As-Built"Engineering Plans dated December 15, 2006 , for the same said Park View project. Steve Kelly the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of ESM Consulting Engineers ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. t W,gnature lor i Kent City Council Meeting Date April 17, 2007 Category Consent Calendar II. SUBJECT: HENDERSON SHORT PLAT BILL OF SALE — ACCEPT 1 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Henderson Short Plat for 2 watermam gate valves, 1 hydrant, 339 linear feet of watermain, 1 sanitary sewer manhole, 220 linear feet of sanitary sewer, 308 linear feet of streets, I storm manhole, 3 catch basins, 482 linear feet of storm sewer. The project is located at 26719— 1081n Ave SE. 3. EXHIBITS: Bill of Sale t4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget9 Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6Q KENT j WASH iMotoN MAIL TO: ENGINEERING DEPARTMENT ATTN: ge/�,4-11S 220 41R AVENUE SOUTH KENT,WASHINGTON 98032 ZOOS IPRojEcT: Hl:_#aDg&SQj,c SHORT-R.6r LOCATION: SE- 2JPS*�' Sr- TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 ,by and between hereinafter called"Grantors".and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Granted': WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATARMAINS: together with a total of Z gate valves at S 400 each, I Lydrants at S Z200 each and/or any other appurtenances thereto. rOsi FROM TO (street,esm etc �-� � -Z E, SE. S E Z.lo� p � „ Including_ 33c_linear feet at S 3Z-0-0 per LF of (size& type) Du;r. T_f wl waterline. ' B. SANITARY SEALBS: Together with a total of manholes at S Z�I.00 each and/or any other appurtenances thereto. ' 1 of Bill of Sale i p. c FROM TO (Ostreet,e$mt �' ,etc) (b Nuts. SE. (O-7 AN E SF SE ZloO Including_ 7.��0 _linear feet at$ -9&•Da per LF of " (size& type) PSJC� sewer line. C. Together with curbs,gutters,sidewalks,and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) f M {�V♦r `-� l p...7 �£. SE. SE ?4 $ S Including 30$ centerline LF at S per LF of QEst1,E4'LTTl4L (type)streets, L0, Feet asphalt roadway. D. sgRM CRWF.RS; Together with a total of f __manholes at S?.Son each or a total of l---2: _e2tcb basins at$ C106 each, D LF of biorritration swale or drainage ditch with a total cost of S , _jp _CF of detention pond storage with a total cost of S ,and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) +�� S� IL-3-1 AvE _ rE Z(DS ST. Including %2 linear feet at S 50.oo per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its 1 successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,thelyadersi Zed has caused this instrument to be executed on this day of _�"I CA ,2B . 2 of4 Bill of Sale P• � 1 . STATE OF WASHINGTON ) )SS COUNTY OF KING ) ' +y On this 2 y' day or a,- 20 G/� •before me,the undersigned A Notary Public is and for he Ste o Washington,duly commissioned and sworn,Personally appeared Tv UI i eg �., to me known to be the individu descritral is and wbo zecuted the foregoiyig instrument,and acknowledged to me 16ae signed and scaled this instrument as sAer free and Voluntary act and deed for the u, sand purposes therein mentioned. GIVEN under my hand and official seal this 2-d day of x%%% ;SS'R lqp � �SO,y� . 9. Notary Pu is in and for the i cam, *QTARp = State of Washington,residing at Pun% 2J=• My Commission Expireaf$ t t The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent, King County,Washington,on the day of ,20 t i t t t . 3 of4 Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for H a 1NDERsD tJ SMORK BL FR- project dated 19"/2s/0 3 ,were based on the"As-Built"Engineering Plans dated z�Z�Jar ,for the same said N 4s"DRzi' PL R-f project. �A�f`t1E5' �P.CGER the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of the firm responsible for the preparation of the"As-Built" Engineering Drawings. Qco�I - 2!� 1 Sig ture r A 4 of4 Bill of Sale r r Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: VISTA LANDING REZONE DECISION RESOLUTION — ADOPT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Adopt Resolution No. affirming Council's vote taken on April 3, 2007, which denied the rezone application for real property located at 10040 SE 267'1' Street in Kent, Washington, seeking a change from the current zoning of Single-Family Residential 4.5 units per acre to Smgle-Family Residential 6 units per acre The motion authorizing this resolution passed by a vote of four council members in favor, with Councilmembers Clark and O'Brien opposed, with Councilmember Thomas recusmg himself because of potential actual conflict of interest (Councilmember Thomas owns property near the subject site), and the record on this resolution should reflect the same. 3. EXHIBITS: Resolution 1 4. RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount $ I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6R 1 RESOLUTION NO. 1 A RESOLUTION of the city council of the city of Kent, Washington, denying the rezone application for property located at 10040 SE 267th Street from SR 4.5 (Single-Family Residential, 4.5 units per acre) to SR 6 (Single-Family Residential, 6 units per acre). (Vista Landing RZ-2006-9) ' RECITALS A. An application was filed on July 27, 2006, to rezone approximately 3 acres of property located at 10040 SE 267th Street from SR 4.5 (Single-Family Residential, 4.5 units per acre) to SR 6 (Single-Family Residential, 6 units per 1 acre). (Vista Landing RZ-2006-9). B. A public hearing on the rezone was held before the hearing examiner on February 21, 2007. On March 6, 2007, the hearing examiner issued findings and conclusions and recommended approval of the rezone. ' C. Having reviewed the record before it on the matter, the Kent City Council voted to deny the Vista Landing Rezone on April 3, 2007. The council found that the evidence presented in the record showed that the proposed SR 6 zoning was incompatible with development in the vicinity. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Vista Landing Rezone - Denial RESOLUTION SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated. SECTION 2. - Rezone. A. The Kent City Council denies the Vista Landing rezone application because the proposed rezone does not satisfy all of the criteria established in Kent City Code (KCC) 15.09.050(C). The rezone application is consistent with the comprehensive plan designation, but does not satisfy all of the five criteria ' required for granting a rezone. KCC 15.09.050(C)(1). In general, comprehensive plan designations may be consistent with more than one zoning designation. The comprehensive plan is the broader guideline to which the zoning designations must conform. In the case of the SF-6 comprehensive plan designation, there are two zoning designations that are consistent, the current zoning of Single-Family i Residential, 4.5 units per acre, and the proposed zoning of Single-Family Residential, 6 units per acre. ' B. Policy H-2.1 of the City's 2004 Comprehensive Plan, Housing Element provides essential guidance to this analysis and decision. This Policy directs that we must "[p]reserve and enhance the integrity and quality of existing residential neighborhoods." Policy H-2.1 at page 6-11. Council disagrees with the hearing examiner's conclusion and finds that the proposed rezone and subsequent development of the site would be compatible with development in the vicinity, r KCC 15.09.050(C)(2), for the following reasons: ■ 1. The staff report states, on page 2, that "adjacent properties in all directions are zoned SR 4.5. 2. Development in the nearby vicinity is generally characterized , by established large-lot development. Most of these lots range in size from 10,000 to 12,000 square feet. Under the current rezone proposal, new lot development would be allowed at 5700 square feet per lot, with street frontage S widths as small as 50 feet. This is not compatible with the development in the subject neighborhood, and this lack of compatibility is reflected in the record on this proposal: 2 Vista Landing Rezone - Denial • "Our neighborhood consists of lots that are primarily 10,000 square feet or larger with homes that allow for privacy ." February 14, 2007, email from Sally Mendel to Sharon Clamp. ' "The proposed rezone request does not match the neighborhood. .... [W]e're guessing that the houses are actually built at approximately two to three per acre. How can adding a section of the neighborhood with six houses per acre fit in?" February 2, 2007, letter from Denise and Brett Simpson. ' "The Scenic Hill area of Kent is an older established neighborhood of single family homes on average or above ' average lots. .... [T]he density has been set for many years." September 11, 2006, letter from Kevin Tucker. "Mature neighborhood and new houses will not fit in. .. Sizes Iof lots do not fit the established neighborhood. Lot sizes will be too small ." Letter received September 11, 2006, ' from Roger and Wendy Hurst. 3. The staff report states, at page 10, "uses in the areas are predominantly detached single family residential with some multi-family and commercial development in close proximity to the subject site." We disagree with 1 this conclusion, although there is some multi-family and commercial development in the localized area, it is not in "close proximity" to this site. For example, the SR8 multi-family development referenced in the record lies on the east side of 104th Avenue SE. 104th is a significant arterial in our city that effectively separates the multi-family use from the neighborhood characteristics of the subject site. 4. The Land Use Element of our 2004 Comprehensive Plan, ' within the meaning of its definition of the single family residential land use map category, states: "[I]t should be stressed that these designations represent a range of densities, with the designation being the maximum allowable density. For example, the SF-6 designation allows zoning which could accommodate up to 6 units per acre; it also could accommodate less than that." 2004 Comprehensive Plan, Land Use Element, page 4-55. The Council finds it necessary to stress, once again, that the SF-6 designation contemplates a range of densities; it does not 3 Vista Landing Rezone - Denial constitute a "free ticket" to the maximum allowable density provided in that plan designation. We have to look at all the factors designated in our code. We must preserve and enhance the integrity and quality of existing residential neighborhoods. Similarity of land uses (i.e. single family residential at one density compared to single family residential at another density) does not necessarily constitute compatibility of uses. We must apply the factors for considering a change in zoning to the particular circumstances of each application, looking at the actual neighborhoods involved. The density and the allowable lot sizes of the proposed new development are not compatible with the larger lots and the long , established homes that characterize this neighborhood. SECTION 3. - Severabdrty. If any section, subsection, paragraph, t sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions , of this resolution. SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of April, 2007. CONCURRED in by the mayor of the city of Kent this day of April, , 2007. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK , 4 Vista Landing Rezone - Denial , 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 April, L 2007. i BRENDA JACOBER, CITY CLERK F�\Ileae.W.% talaiNWRaone m Ox 1 i5 Vista Landing Rezone - Denial Kent City Council Meeting Date April 17, 2007 Category Consent Calendar 1. SUBJECT: BICYCLE ADVISORY BOARD APPOINTMENT— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Samuel T Hartt to serve as a member of the Kent Bicycle Advisory Board. Dr. Hartt is Lcurrently employed at Riverside High School in the Auburn School District. Dr. Hartt's interest in bicycling began in 1988 as preparation for alpine climbing and has continued to include long distance trips, and commuting to work on his bike He has attended the Kent Bicycle Advisory Board meetings and is looking forward to working with board members. Dr. Hartt will fill a vacant position on the Board and his appointment will continue until 12/31/2008. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure') N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION. Council Agenda Item No. 6S OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KEN T Kent,WA 98032-5895 WASHINGTON TO: Deborah Ranniger, Council President ' City Council Members FROM: Suzette Cooke, Mayor DATE: April 9, 2007 ' RE: Appointment to Kent Bicycle Advisory Board I am requesting your approval of the appointment of Samuel T. Hartt to serve as a member of the Kent Bicycle Advisory Board. Dr. Hartt is currently employed at Riverside High School in the Auburn School District. ' Dr Hartt received his B.A. from Multnomah Bible College, his M.D. from Columbia Graduate School, his MEd in School Counseling at Seattle Pacific University and his EdD at Seattle University in Educational Leadership. He is an experienced teacher, school counselor and school administrator. His experience includes working with students and faculty in a cross cultural context in other countries as well as in the state of Washington. Dr. Hartt's interest in bicycling began in 1988 as preparation for alpine climbing and has continued to include long distance trips, and commuting to work on his bike. He has attended the ' Kent Bicycle Advisory Board meetings and is looking forward to working with board members. Dr. Hartt will fill a vacant position on the Board and his appointment will continue until ' 12/31/2008. I submit this for your confirmation. jb Kent City Council Meeting Date April 17, 2007 Category Bids 1. SUBJECT: TOWN SQUARE PLAZA 2. SUMMARY STATEMENT: The Town Square Plaza bid opening was held Monday, March 26 at 10 00 a in Five bids were received and opened for this project. The apparent low bid was JV Constructors, Inc for $3,432,000 plus applicable Washington Sate sales tax (8.9%). The consultant's estimated range was $2.8 to $3.5 million 3. EXHIBITS: Bid tab ' 4. RECOMMENDED BY: Parks, Recreation and Community Services Department (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to enter into an agreement with JV Constructors, Inc for $3,432,000 plus applicable Washington State sales tax (8 9%) to complete the Town Square Project. DISCUSSION: ACTION: Council Agenda Item No 8A EXHIBIT A KENT W A S H I N G T O N BID TABULATION FORM KENT PARKS, RECREATION &COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT: PR 07 03 NAME: Town Square Plaza DATE: March 26, 2007 DUE: 10:00 a.m. OPENED: 10:15 a.m. Bidder: Total Lump Sum Bid: Addendums #1, 2, & 3: in dollars 1. JV Constructors, Inc. $3,432,000.00 XXX Seattle, WA 2. A-1 Landscaping and Construction, Inc. $3,465,125.82 XXX Snohomish, WA 3. PCL Construction Services, Inc. $3,668,500.00 XXX Bellevue, WA 4. Westwater Construction Company $4,047,000.00 XXX Auburn, WA 5. Gary Merlino Construction Co., Inc. $5,251,000.00 XXX Seattle WA CONSULTANT ESTIMATED RANGE: $2.8 to 3.5 million Five (5) bids were received for this project and opened.The apparent low bidder is 3V 1 Constructors, Inc. for $3,432,000.00 plus applicable Washington State sales tax (8.9%). Staff will review the bid documents and verify references. Kent City Council is expected to award the bid on Tuesday,April 3, 2007. Questions may be directed to Perry Brooks, project manager,at(253)856- 5114. i REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT 1 B. MAYOR ' C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE iE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE i F. PUBLIC SAFETY COMMITTEE ' G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES I 1 KENT WAS HINOTON OPERATIONS COMMITTEE MINUTES i MARCH 20, 2007 ■ Committee Members Present: Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:08 p.m. I1. APPROVAL OF MINUTES DATED MARCH 6, 2007 Debbie Raplee moved to approve the minutes of the March 6, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MARCH 15, 2007 iFinance Director Robert Nachlinger presented the vouchers for March 15, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated March 15, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. USE OF 2006 REETI AND REET 2 FUNDS FOR FACILITIES PROJECTS - AUTHORIZE Charlie Lindsey, Superintendent of Facilities presented the Use of 2006 Reetl and Reet 2 Funds for Facilities Projects. Mr. Lindsey stated the request in the agenda packet was for use of the Reet 2 Funds, however, it was determined that both Reetl funds and Reet 2 funds would be requested. The Reet 2 Funds would be used toward the Senior Center Greenhouse project. Mr. Lindsey stated that the Senior Center Greenhouse renovation project received only one bid which exceeded the original costs estimate and additional upgrades were approved for the audio/visual system resulting in a cost overrun of $173,100.80, much of these was caused by the fact that the city did not have up to date As-Built drawings. Mr. Lindsey requested to use 2006 excess REET2 funds to cover the cost overruns for the Senior Center Greenhouse renovation project. Debbie Raplee moved to recommend approving the use of 2006 REET2 funds to cover the costs overrun to complete the Senior Center Greenhouse. Deborah Ranniger seconded the motion, which passed 3-0. The Centennial Garage Seismic project experienced delays due to a dispute between the Engineer and Contractor resulting in a cost overrun of $178,799.33, and that the project had not been adequately bid and it was necessary to require twice the number of dampers, and a different template for the columns and cables in the rebar to line up the bolt holes for the dampers City Attorney Tom Brubaker addressed the Committee regarding the dispute with the contractor on the project and answered questions of the Committee. Mr Lindsey requested to use 2006 excess REETl funds to cover the cost overruns for the Centennial Garage seismic project. ' Deborah Ranniger moved to recommend approving the use of 2006 REET1 funds to cover the costs overrun to complete the Centennial Garage Seismic project. Debbie Raplee seconded the motion, which passed 3-0. Operations Committee Minutes March 20, 2007 Page: 2 4. USE OF 2006 REET2 FUNDS FOR PARKS OPENS SPACE PROJECTS - AUTHORITY Lon Flemm, Parks and Open Space Superintendent presented the Use of 2006 Reetl and Reet 2 Funds for Parks and Open Space Projects. Ms. Flemm stated the East Hill Skate Park is currently under construction and is under-funded by $260,000 and excess REET2 funds are requested to complete the project. Debbie Raplee moved to recommend approving the use of 2006 REET2 funds to cover the overrun costs to complete the East Hill Skate Park project. Debbie Raplee seconded the motion, which passed 3-0. The West Fenwick Park's restrooms were partially destroyed by arson. The costs estimates for the project exceed $700,000 and the current budget is under-funded by $415,000 and excess REET2 funds are requested to complete the project. Deborah Ranniger moved to recommend approving the use of $415,000 of the 2006 REET2 funds to cover the overrun costs to complete the West Fenwick Park project. , Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:36 p.m. Renee Cameron Operations Committee Secretary � i `� KEN�T CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 13, 2007 COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair i • The meeting was called to order by Chair Les Thomas at 5:00 PM • Elizabeth Watson attended in Bob O'Brien's absence • Chair Thomas called for any changes to the agenda and Ron Harmon asked that agenda item#9 become an action item 1. Approval of Minutes Elizabeth Watson moved to approve the minutes of the February 13, 2007 meeting. The motion was seconded by Ron Harmon and passed 3-0. 2. Public Health, Seattle-King County Inter-agency Lease Agreements (2) renewals - AUTHORIZE Fire Chief Jim Schneider explained the purpose of the agreements Ron Harmon moved to authorize the Mayor to sign the renewal of two (2)Inter-agency Lease Agreements with Public Health, Seattle-King County The motion was seconded by Elizabeth Watson and passed 3-0. ` 3. Kiwanis Club Donation $200 -ACCEPT Police Chief Steve Strachan introduced Stacy Judd, Public Education Specialist, and she explained the proposed use of funds Elizabeth Watson moved to recommend that Council accept the donation from Kiwanis Club of Kent in the amount of$200 and place this on the Consent Calendar for the March 20, 2007 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 4. Kiwanis Club Donation $450 -ACCEPT Chief Strachan and Stacy Judd explained the proposed use of funds. Ron Harmon moved to recommend that Council accept the donation from Kiwanis Club of Kent in the amount of$450 and place this on the Consent Calendar for the March 20,2007 Council Meeting. The motion was seconded by Elizabeth Watson and passed 3-0. 5. Washington Association of Sheriffs and Police Chiefs Traffic Safetv grant—ACCEPT Chief Strachan explained the proposed use of funds Elizabeth Watson moved to recommend that Council accept the Washington Association of Sheriffs and Police Chiefs Traffic Safety grant in the amount of$2,000 and place this on the Consent Calendar for the March 20, 2007 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 6. Drug Free Communities Support Program grant—AUTHORIZE Chief Strachan and Stacy Judd explained the proposed use of funds Ron Harmon moved to recommend authorizing the Kent Police Department to apply for the Drug Free Communities Support Program grant in the amount of$50,000. The motion was seconded by Elizabeth Watson and passed 3-0. 7. Surplus Police Vehicles (2)—AUTHORIZE Chief Strachan reviewed the status of the two vehicles. Elizabeth Watson moved to recommend that Council authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below. The motion was seconded by Ron Harmon and passed 3-0. 8. City of Kent Correctional Facility/Regional Jail—INFO ONLY Chief Strachan spoke about the condition of the City of Kent facility and the possibility of the development of a regional jail in South King County prior to 2012 9. Auto License Plate Reader(APLR)—AUTHORIZE Chief Strachan introduced Sergeant Rafael Padilla and explained the purpose of the equipment. A written proposal was distributed to committee members and Pat Fitzpatrick, Deputy City Attorney, answered questions from committee members regarding privacy issues A short video demonstration clip was shown and can be viewed at w�vv stechnolo y com,;alprl Ron Harmon moved to take this item to Operations Committee as soon as possible for funding , outside of the budget. The motion was seconded by Les Thomas. Following discussion, the motion passed 2-1. 10. Traffic Unit Update—INFO ONLY Chief Strachan and Sergeant Padilla explained that the Department would be changing to Harley Davidson motorcycles in the future as a cost-effective measure 11. Potential Planning for Event Center—INFO ONLY Chief Strachan explained that staff plans to speak with Everett Police Department about staffing and overtime issues in an effort to learn from their experience for the future event center in Kent 12. Safe Rental and Hotel/Motel Housing Ordinances—INFO ONLY Deputy City Attorney Pat Fitzpatrick and Chief Strachan distributed the second draft of the ordinances and reviewed the changes He and Chief Strachan answered questions from committee members Pat Fitzpatrick plans to publish a draft of the ordinance on the City web site in the near future The meeting adjourned at 6:23 PM. Jo Thompson Public Safety Committee Secretary Public Safety Committee Minutes 2 March 13,2007 CONTINUED COMMUNICATIONS A. ! I 1 t 1 I 1 1 1 1 I 1 1 1 1 ' EXECUTIVE SESSION 1 1 1 ACTION AFTER EXECUTIVE SESSION 1 1 1 1 1 1 i 1