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City Council Meeting - Council - Agenda - 06/19/2007
1 A F City of Kent City Counci1 Meet ing Agenda 9 ry � ua t�u Y «. � June 19, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas O w KENT WASHINGTON / City Clerk's Office KENT CITY COUNCIL AGENDAS KENT June 19, 2007 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: 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. Port of Seattle Update John Creighton 30 minutes 2. Public Facilities District Tom Brubaker 30 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. Introduction of Appointee Q D. Neighborhood Council Recognition Presentation Public Safety Report j 5. PUBLIC HEARINGS A. 2008-2013 Six-Year Transportation Improvement Program—Resolution ( 7 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C King County Landmarks and Heritage Commission Appointment—Confirm D. Excused Council Absence—Approve E. Emergency Management Performance Grant—Accept and Authorize F. Premera Blue Cross Contract— Authorize G. Group Health Contract— Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED H. Flexpass Program Agreement 2007-2008 —Authorize 7 I. Washington Economic Development Finance Authority Resolution—Adopt f��y(/ J. Neighborhood Council Program Resolutions—Adopt j -7(,;, 3 K. Lang Short Plat Bill of Sale — Accept L. Ridge at Garrison Creek Bill of Sale—Accept M. Burkhardt Sewer Main Extension Bill of Sale—Accept N. Cantera Bill of Sale—Accept O. Aces Acre/Smith Short Plat Bill of Sale—Accept P. Singh Residence Bill of Sale—Accept Q. PNW Equipment Bill of Sale—Accept R. West Valley Highway @ 212`h, Phase II Bill of Sale—Accept S. Valley Civil Disturbance Unit Interlocal Agreement—Authorize T. Ellis Rezone Decision Resolution—Adopt (QUASI-JUDICIAL) f 71 U. Heritage Lakeland Final Plat—Approve (QUASI-JUDICIAL) V. King County Police Chiefs and RAIN Agencies Memorandum of Understanding— Authorize W Donation from Target—Accept j X Animals in Residential Districts Ordinance—Adopt 7. OTHER BUSINESS A. Kent Events Center Special Use Combining District—Ordinance (QUASI-JUDICIAL PROCEEDING) 8. BIDS A. East Hill Operations Center Site Grading B Lake Meridian Outlet Water Main and Sanitary Sewer Relocation C. Upper Meridian Valley Creek Culvert Replacement D. 2007 Asphalt Overlays E. 2007 Water Main Replacement F. Lake Meridian Boat Launch Improvements 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 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 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. N L L L T O H O. >�.� L v JL. p m m`-O O C T'O O O Q L y O v O d t Ta= � A vv-vo` E 3v ` o o > �svo>-o� aa, o U IV C N T} CD U T U U L J C T U N D) U N C ; D) T T L DO U cc Y U H A N v `J U(J C d LO L N CUd 3 U T O L O - N C ~'O , C T ? v E • �a�v_��cv_C u TaT� ai = vC3. T ou no v E � C T l � 6 a`UoE C � m3J m= a " E ry UL2 ` T E., au m c > o OLT vaT W- c -O O O O v T U >G. 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U J C O • cj v v E p ;� T > m o $ u ..-ocoam t° L a 3p o �Qc-" vav vo`- No � �v a«a To inc T� � 3 0 oc� �s �o E N cM C p 3 >,D T N v N T N Y �`v�°'o ov o E �� ova I a� aT � o_EU^3v y $ v � �' v n Emo" � 3 t0 �_ vv ° Cou —o� ° > C )cDEaa oC v 2 cV > dE � E�DL < m 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 i 1 i 1 1 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION IB) COMMUNITY EVENTS C) INTRODUCTION OF APPOINTEE r D) NEIGHBORHOOD COUNCIL RECOGNITION PRESENTATION E) PUBLIC SAFETY REPORT r r r IKent City Council Meeting Date June 19, 2007 Category Public Hearings 1. SUBJECT: 2008-2013 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM—RESOLUTION 2. SUMMARY STATEMENT: Each year the City is required to update the Six-Year Transportation Improvement Program. This program updates last year's program. June 19, 2007, was set as the public hearing date for adoption of the program. If this Iresolution is passed at the conclusion of the public hearing, it would approve the 2008 through 2013 Six-Year Transportation Improvement Program. Please note, however, the description of Project #17 was modified since committee approval was obtained to include a five-lane option and a three-lane option. I3. EXHIBITS: Resolution and 2008 through 2013 Six Year Transportation Improvement Program, which is attached as Exhibit "A" to the Resolution 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. q0 B. Councilmember WLI'moves, Councilmember 141, seconds to adopt Resolution No. 19 � I which adopts the City's 2008 through 2013 Six-Year Transportation Improvement Program DISCUSSION: tA�a ACTION: ilYl Council Agenda Item No 5A i t RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, adopting the 2008 through 2013 Six-Year Transportation Improvement Program. RECITALS A. After proper notice, the city council of the city of Kent held a public hearing at the regular meeting of the city council at 7:00 p.m. on June 19, 2007, to consider public testimony on the city's proposed 2008 through 2013 Six-Year Transportation Improvement Program. B. Having considered public testimony to the plan, the council would like to adopt the 2008 through 2013 Six-Year Transportation Improvement Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Adoption. The 2008 through 2013 Six Year Transportation Improvement Program, set forth in Exhibit"A,"which is attached and filed with the city iclerk, is hereby adopted. PASSED at a regular meeting of the city council of the City of Kent, Washington this day of June, 2007. 1 2008-2013 Six Year Transportation Improvement Plan i CONCURRED in by the mayor of the city of Kent, this day of June, 2007. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Resolution\SlxYearTIP-2008 doc i I 2 2008-20I3 Six Year Transportation Improvement Plan i � EXHIBIT A i 1 i jf 1 1 1 I t 1 i 1 1 � 1 l � 1 � 1 1 CITY OF KENT WASHINGTON 1 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008 - 2013 Mayor Suzette Cooke t KENT WASHINGTON t Larry R. Blanchard, Director of Public Works 1 i r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013 Introduction What is the Six Year Transportation Improvement Program (TIP)? The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is annually updated based on needs and policies identified through a variety of sources. Project and financial development involve interactions with many groups and agencies at the local, regional, state and federal levels. It represents Kent's current list of needed projects that may begin work in the next six years. The document also identifies secured or reasonably expected revenue sources for each of the projects included in the TIP. Typically, projects listed in the first three years of the document are shown as having secured funding or there are reasonable expectations to acquire those funds, while projects in the last three years can be partially funded and be seeking funding partners. All projects are consistent with the City's adopted 2004 Comprehensive Plan. Mandated by State Law State law requires that each city develop a local TIP and that it be updated annually (RCW 35.77.010). In order for cities to compete for transportation funding grants from Federal and State sources most granting agencies require that projects be included in the TIP. Federal grant funded and regionally significant projects from the City's TIP are included in the Regional TIP, which is assembled by the Puget Sound Regional Council for King, Kitsap, Pierce and Snohomish Counties. The regional TIPS (RTIP) from around the state are then combined to form the State TIP (STIP), which is approved by the Governor and then submitted to the Federal Highway Administration for their review and approval. The STIP must include all federally funded and all regionally significant local and state projects and cover a four year period. �I L L CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013 IProject Project Name Number Project Location and Extent 1. Clark Springs Watershed Pavement Rehabilitation Kent Kangley Road at the Clark Springs Watershed 2. South 2771h Street Corridor Extension Widen 116`h Avenue SE from Kent Kangleyy Road(SR 516) to SE 256`h St 3. Kent Station Mitigation Projects Widen Willis Street at 41h Avenue and Central Avenue at Willis Street 4. James Street Improvements Union Pacific Railroad to 41h Avenue North 5. 41h Avenue North at Cloudy Street Intersection Improvement 6. East Valley Highwaty (84`h Avenue South) Improvements SR 167 to South 212"Street 7. South 2281h Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation crossing at Burlington Northern/Santa Fe Railroad 8. Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street L9. Transportation Master Plan Major update of the Kent 1984 Comprehensive Transportation Plan 10. Southeast 256ih Street and 132°d Avenue Southeast Intersection Intersection Improvements 11. Southeast 248`h Street Improvements 116ti`Avenue Southeast to 132"d Avenue Southeast t12. Smart Growth Initiative 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013 Project Project Name Number Project Location and Extent 13. 72"d Avenue South Extension South 200'h Street to South 196A Street 14. South 2281h Street Pavement Rehabilitation Lakeside Boulevard to 72"d Avenue South 15. Southeast 256`h Street Widening, Phase II SR 516 (Kent Kangley Road) to 116'h Avenue Southeast 16. I-5/South 272"d Street Interchange Reconstruction, Phase I Provide transit and HOV Direct-Access between South 272"d St and 1-5 17. South 224ih Street Extension 84'h Avenue South to 104`h Avenue Southeast (Benson Road) (SR 515) 18. Military Road South at Reith Road Intersection Improvement 19. 801h Avenue South Widening South 196h Street to South 188`h Street 20. Central Avenue South Pavement Rehabilitation Green River Bridge to East Willis Street(SR 516) 21. Willis Street (SR 516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad 22. Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burling Northern Railroad 23. South 2121h Street/Union Pacific Railroad Grade Separation t Grade Separation Crossing at Union Pacific Railroad i t 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013 Project Project Name Number Project Location and Extent 24. South 212`t'Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad 25. South 2281h Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad 26. Military Road South Widening South 272nd Street to Kent Des Moines Road(State Route 516) 27. South 272"d Street Widening,Phase II Pacific Highway South to Military Road South 28. SR 181/West Valley Highway/Washington Avenue Widening Meeker Street north to approximately the 218"' block 29. Kent Kangley Road (SR 516)/SR 515/Southeast 256ih Street Intersection Improvements Intersection of Southeast Kent Kangley Road (SR 516), SR 515, and Southeast 256`h Street, ("Y") 30. West Meeker Street Widening—Phase I 64`h Avenue South to the Green River Bridge 31. West Meeker Street Widening—Phase II Lake Fenwick Road to the east side of the Green River 32. 132"d Avenue Southeast Widening—Phase I Southeast 288'h Street to Kent Kangley Road (SR 516) 33. 132"d Avenue Southeast Widening—Phase II Kent Kangley Road(SR 516) to Southeast 248'1' Street 1 34. 132"d Avenue Southeast Widening —Phase III Southeast 24eh Street to Southeast 236'i' Street 1 r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013 Project Project Name Number Project Location and Extent 35. Southeast 256`h Street Widening—Phase III 132 d Avenue Southeast to 148 h Avenue Southeast 36. South 2081h Street Improvements 841h Avenue South to 961h Way South 37. South 196`h/192°d Street Corridor—Phase III 84`h Avenue South (East Valley Highway) to 108 h Avenue Southeast 38. State Route 167 Corridor Plan SR 167 from 1405 to Port of Tacoma 39. Bicycle and Pedestrian Improvements Ongoing Citywide Program 40. Guardrail and Safety Improvements Ongoing Citywide Program 41. Community Based Circulating Shuttles Ongoing Citywide Program 42. Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program 43. Transit Now Service Partnership Program r r a O � N y LL •� AA,, � r n Q Y a Z N Z O j � Ca a Q W Q W L r Q r a r K k Y Q � u�u S .fi y a � '•` 1 x 'y 3 jj 4yL g �' c r-�- � xn-y,�3i3"` y �T( W'N �� __�".�.a_U,.-r.••.M—.—..—�w' _ t_ _� fl ex,.i� r.��•-., } �_' E.�„. �.__�`I• Phi �- � f� P�H a ini w i k Li j �� may�Wf 3 f 'riC � F CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM t YEAR: 2008 PROJECT #1: Clark Springs Watershed Pavement Rehabilitation Kent Kangley Road at the Clark Springs Watershed DESCRIPTION: Dig out and repair areas of the roadbed that have failed. Overlay the full- width roadway with three Inches of asphalt concrete and crack stabilizing fabric to rehabilitate this arterial. PROJECT COST: Preliminary Engineering...................$60,000 Right of Way Acquisition..........................$0 Construction ...................................$440,000 TOTAL...........................................$500,000 FUNDING SOURCE(S): City of Kent PROJECT , JUSTIFICATION: Our Pavement Management Analysis rates this road as a critical candidate for overlay. The City is increasingly responding to unscheduled requests to repair potholes High average daily truck traffic carrying unusually heavy loads is accelerating the distressed conditions of the travel lanes, elevating the risk of damage to vehicles from developing potholes. - -AIP-Artenal Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality [Federal],FAST—Freight 8 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— , Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program [State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM IYEAR: 2008 PROJECT#2: South 2771h Street Corridor Extension Widen 116`h Avenue Southeast from Kent Kangley Road(SR 516) to Southeast 256`h Street ' DESCRIPTION: Widen 116th Avenue Southeast to provide a five lane roadway, including four general-purpose travel lanes, a center left-turn lane and a bicycle facility. Also included in this project will be the widening of the intersection of Kent Kangley Road and 116`h Avenue Southeast to add an additional left turn lane to provide dual left turn lanes westbound on Kent Kangley Road to southbound 116'11 Avenue Southeast. The project will include the construction of concrete curbs, gutters and sidewalks; bicycle lanes; street lighting, storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering ............. . $500,000 Right of Way Acquisition............$1,500,000 Construction ................................$5,500,000 TOTAL........................................$79500,000 FUNDING SOURCE(S): City of Kent, LID, TIB PROJECT JUSTIFICATION: The stretch of 116th Avenue between the Kent Kangley Road and SE 256`h Street is a substandard roadway that acts as a bottleneck for those wishing to access the South 2771h Street corridor from the north and those wishing to access South 2561h Street from the south. SE 256th Street, at the north end of the project, is a major east-west corridor that connects the SR 515/SR516 intersection and SR 18 with 116`h Avenue. Traffic ' volumes are continuing to increase and this stretch of the roadway cannot accommodate the existing or anticipated future traffic volumes. In addition, this stretch of 1161h Avenue is lacking curb, gutter and sidewalk. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 9 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Fedcral Transit Administration[Federal],HES—Hazard Elimination[Federall,ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program [State] r r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 t PROJECT#3: Kent Station Mitigation Projects ' Widen Willis Street at 4'h Avenue and Central Avenue at Willis Street 1 DESCRIPTION: Provide an additional left-turn pocket on eastbound Willis Street to r northbound 41h Avenue. Provide a right-turn pocket southbound on Central Avenue to westbound Willis Street j r PROJECT COST: Preliminary Engineering. ...............$100,000 Right of Way Acquisition...............$619,000 Construction ...................................$485,000 TOTAL........................................$1,204,000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds, WSDOT Overlay Funds PROJECT JUSTIFICATION: These projects are traffic mitigation requirements for additional trips generated by the Kent Station development The City of Kent will be implementing these projects required by the developer. r - -AIP-Arterial Improvement Program[State].CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 10 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hacard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT #4: James Street Improvements Union Pacific Railroad to 4`h Avenue North DESCRIPTION: Widen James Street between the Union Pacific Railroad and 41h Avenue North to provide exclusive left turn lanes eastbound and westbound at the Regional Justice Center/proposed Amiga Center entrances, and to install a ' westbound bike lane. Install a traffic signal at the intersection of the RJC/Amiga Center entrances. The project will include the construction of full width paving, curbs and gutters, sidewalks, street lighting, storm drainage, utility undergrounding and pedestrian gates at the Union Pacific Railroad PROJECT COST: Preliminary Engineering. ............. $200,000 Right of Way Acquisition.................$70,000 ' Construction ................................$1,530,000 TOTAL........................................$17800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The location of the main entrance into the Amiga Center at Kent will be opposite the existing driveway into the Regional Justice Center A signalized intersection, along with dedicated left turn pockets widened sidewalks and improved street lighting are required to provide for smooth and safe access to and from the Amiga Center at Kent. -A1P-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight ]1 ' Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#5: 41h Avenue North at Cloudy Street ' Intersection Improvement r DESCRIPTION: Widen 41h Avenue North at the Cloudy Street intersection to provide exclusive left turn lanes northbound and southbound Improve Cloudy , Street east and west of 41h Avenue as required to provide for intersection improvements. Install a traffic signal at the intersection. The project will include the construction of full width paving, curbs and gutters, sidewalks, street lighting, storm drainage, and utility undergroundmg. r PROJECT COST: Preliminary Engineering.................$200.000 Right of Way Acquisition...............$220,000 Construction ................................$1,740,000 TOTAL........................................$2,1609000 I i FUNDING SOURCE(S): City of Kent, r PROJECT r JUSTIFICATION: Traffic volumes along 4`h Avenue and the number of residences in the adjoining neighborhood results in significant congestion at this ' intersection in the morning and evening peak hours. r r - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 12 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— , Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] , CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 ' PROJECT#6: East Valley Highway (84th Avenue South) Improvements. SR 167 to South 212` Street DESCRIPTION: Widen the roadway to provide 3 general purpose lanes in each direction with a center left-turn lane between South 212th Street and State Route 167. Construct new curb, gutters and sidewalks on both sides of the roadway to provide a complete sidewalk system. Remove and rehabilitate the existing roadway pavement to add service life to the roadway. Overlay the entire roadway area with asphalt concrete pavement. Project includes upgrading existing traffic signal systems as well as storm drainage improvements PROJECT COST: Preliminary Engineering.................$280,OW ' Right of Way Acquisition............$1,500,000 Construction ................................$3,326,000 TOTAL........................................$5,106,000 ' FUNDING SOURCE(S): STP, City of Kent, T113, LID PROJECT JUSTIFICATION: This portion of East Valley Highway cannot accommodate current and proposed traffic volumes that utilize this stretch to access State Route 167 and South 212th Street. The sidewalk system is incomplete. In addition, the existing pavement along this section of 84th Avenue South is showing signs of structural distress as demonstrated by "alligatonng", longitudinal cracking, and cracking of the curbs and gutters. -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 13 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIS—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program [Federal],T1A—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— ' Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#7: South 2281h Street/Burlington Northern Santa Fe Railroad Grade ' Separation Grade Separation crossing at Burlington NorthemlSanta Fe Railroad DESCRIPTION: Construct grade separation of the Burlington Northern Santa Fe Railroad , mainline tracks at South 228th Street. The project will include the construction of a road overpass; full-width paving; concrete curbs, gutter, , and sidewalks; street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,440,000 Right of Way Acquisition............$1,150,000 Construction ..............................$20,410,000 TOTAL......................................$239000,000 FUNDING SOURCE(S): City of Kent, TIB, FAST, FMSIB, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway system. Grade separating the arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, and improve freight mobility in the corridor and throughout the region. This project will provide regional connections between thousands of , businesses, employers and 40 million square feet of warehouse/industrial space. The level of freight and passenger rail traffic on the BNSF Railroad mainline is rising as a consequence of increased traffic in the , Puget Sound area, and new Sound Transit and Amtrak service. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 14 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— ' Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT #8: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street ' DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at West Meeker and West Smith Street to the Union Pacific Railroad crossings signals at said streets. PROJECT COST: Preliminary Engineering $38,000 ' Right of Way Acquisition................. . . ...SO Construction ...................................$304,000 TOTAL...........................................$342,000 FUNDING SOURCE(S): City of Kent ' PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflicts where traffic could back up across the railroad tracks. Most of the cost of this project is for the Union Pacific Railroad to upgrade their grade crossing signal equipment to provide sufficient warning time of an approaching train -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 15 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],LIES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PLVTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] CITY OF KENT , SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM , YEAR: 2008 —2013 ' PROJECT#9: Transportation Master Plan ' DESCRIPTION: This project consists of a major update of the Transportation Master Plan ' including near-term and long range planning of the City's transportation system needs. Project costs will include consultant contracts from transportation planning, concurrency management, public involvement, ' travel demand and traffic operations modeling and analysis of potential financing strategies to construct, operate and maintain the City's transportation network The project may include staff resources, hardware , and software to analyze and manage the transportation network and develop implementing legislation and regulations related to the transportation system. PROJECT COST: Preliminary Engineering..............$1,300,000 t Right of Way Acquisition. ........................$0 Construction ..............................................$0 ' TOTAL........................................$19300,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City's Transportation Master Plan is more than 20 years old and needs to be brought into compliance with current Growth Management , policies and practices as defined in PSRC's Destination 2030, the region's Metropolitan Transportation Plan. The City must be in compliance with all state, county and regional policies in order to be eligible to apply for competitive grants Likewise, the City would like to investigate methods of measuring concurrency that would incorporate all modes of travel, better reflect the ways our community is changing, , engage the community in the discussions about their future transportation investments, and investigate various ways of funding our future transportation needs. , - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 16 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 ' PROJECT#10: Southeast 256th Street and 132nd Avenue Southeast Intersection Improvements ' DESCRIPTION: This dproject will reconstruct the intersection of Southeast 2561h Street and 132" Avenue Southeast by extending the northbound and southbound left ' turn pockets to provide additional storage capacity, extend the westbound right turn lane, and construct new right turn lanes eastbound and southbound. This project will include signal modifications and minor reconstruction of curb, gutter and sidewalk to accommodate the additional widening, including potential future bike lanes on 132"d Avenue ' Southeast ' PROJECT COST: Preliminary Engineering. .............. . $21,000 Right of Way Acquisition................ $40,000 ' Construction ...................................$241,000 TOTAL...........................................$302,000 FUNDING SOURCE(S): City of Kent ' PROJECT JUSTIFICATION: Continued development in the East Hill area of Kent has increased traffic flows through this intersection. The existing configuration of the intersection is not capable of accommodating the current and anticipated ' traffic flows. Traffic flows have also increased due to the new connection of Southeast 2561h Street to State Route 18 to the east. This project will supplement the improvements already constructed along Southeast 256th Street as well as anticipated improvements to Southeast 2561h Street to the east and the improvements anticipated to 132"d Avenue Southeast. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 17 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— ' Transportation Partnership Program tState] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 PROJECT#11: Southeast 2481h Street Improvements ' 1161h Avenue Southeast to 132""Avenue Southeast DESCRIPTION: Construct a three lane roadway from 116th Avenue Southeast to 132nd , Avenue Southeast which includes the construction of full width paving; possible bicycle lanes; concrete curbs, gutters, and sidewalks, street lighting; storm drainage; landscaping; utilities and appurtenances. The project includes either a modern roundabout at the 116t Avenue Southeast intersection or a traditional traffic signal. Improvements to vertical roadway geometry for sight distance and safety will also be addressed. PROJECT COST: Preliminary Engineering $900,000 Right of Way Acquisition...............$140,000 ' Construction ........ .......................$4,600,000 TOTAL........................................$5,640,000 ' FUNDING SOURCE(S): City of Kent, LID, Development Mitigation Funds PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the city. This project will provide additional east- west capacity to supplement Southeast 2401h Street to the north, and Southeast 256th Street to the south. In addition, the southeast corner of Southeast 2481h Street and 124th Avenue Southeast is the future site of the ' City of Kent's Public Works maintenance facility. - -AIP-Arterial Improvement Program [State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 18 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— , Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], T1A—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 YEAR: 2009 PROJECT#12: Smart Growth Initiative DESCRIPTION: Widen Smith Street to provide a left turn lane from eastbound Smith Street ' onto northbound Lincoln Avenue. The project includes the construction of a new traffic signal at the intersection of Smith and Lincoln as well as the reconstruction of existing curb, gutter and sidewalks along Smith ' Street. PROJECT COST: Preliminary Engineering $100,500 Right of Way Acquisition...............$370,000 Construction ............... ................$1,520,000 ' TOTAL........................................$19990,500 FUNDING SOURCE(S): STP, City of Kent 1 PROJECT JUSTIFICATION: These projects will improve traffic flow within the Kent Urban Center and improve access to Kent Station and the downtown business district. The left turn pocket and signal at Smith and Lincoln Streets will facilitate the redevelopment of a portion of King County Metro Transit's Park and ' Ride Lot. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 19 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],T1A—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— ' Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 PROJECT#13: 72"d Avenue South Extension South 200`h Street to South 196`h Street DESCRIPTION: Construct a new four-lane roadway from South 200`h Street to South 1961h Street. The project will include the crossing of Mill Creek and ' construction of full-width paving, concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering............ ....$225,000 Right of Way Acquisition..........................$0 Construction ...................................$790,000 TOTAL........................................$19015,000 FUNDING SOURCE(S): City of Kent PROJECT , JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 1801h Street and South 1961h Street corridors, mandate additional north-south arterial capacity This project provides some relief for South 1801h Street, South 1961h Street, and South 212`h Street intersections along West Valley Highway. It also provides improved access to the South 1961h Street corridor from industrial development along 72nd Avenue South by constructing the missing link between South 200th Street and South 196`h Street ' - -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 20 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 ' PROJECT #14: South 2281h Street Pavement Rehabilitation Lakeside Boulevard to 72rid Avenue South DESCRIPTION: This project will consist of grinding, dig-outs, and a full width overlay of South 228th Street between Lakeside Boulevard and 72"d Avenue South PROJECT COST: Preliminary Engineering .$40,000 Right of Way Acquisition................ ........$0 Construction .................................$600,0000 ' TOTAL...........................................$640,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This road lies in the heart of the City's manufacturing area and that heavy ' truck traffic means pavement condition on South 2281h Street has deteriorated significantly. Kent Is the second largest warehouse/distribution center on the west coast with over 40 million square feet of industrial space. With the completion of major portions of the 2281h corridor and the anticipated increase in the number of daily truck trips, the pavement will continue to deteriorate at an accelerated rate. This project will maintain a major freight corridor to the ports and protect the City's investment in transportation infrastructure. -AIP-Artenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 21 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA — Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— ' Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2009 PROJECT#15: Southeast 2561h Street Widening, Phase II SR 516(Kent Kangley Road) to 116th Avenue Southeast DESCRIPTION: Construct a five lane roadway from SR 516 (Kent Kangley Road) to 116" Avenue Southeast including bike lanes on both sides of the roadway The project will include construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. ' PROJECT COST: Preliminary Engineering.................$425,000 Right of Way Acquisition............. $575,000 Construction ................................$4,100,000 TOTAL........................................$59100,000 FUNDING SOURCE(S): City of Kent, Local Improvement District, TIB PROJECT ' JUSTIFICATION: Southeast 2561h Street is a two-lane roadway with no curbs, gutters or ' sidewalks and a limited street light system. During peak hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways The widening of Southeast 2561h Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads essentially run parallel to each other. The project will increase the capacity of this roadway by adding a two general purpose lanes and a new center left turn lane. This project will connect the SR 515/SR 516 intersection with the improvements already existing on Southeast 256th Street east of 1161h ' Avenue Southeast and the improvements along 116th Avenue Southeast between Southeast 256th Street and Kent Kangley Road. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 22 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State] TPP— Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #16: I-5/South 272"d Street Interchange Reconstruction, Phase I Provide transit and HOV Direct-Access between South 272id St and 1-5 DESCRIPTION: Phase I would reconstruct the east half of the South 272nd Street/I-5 interchange to provide transit and HOV Direct-Access to South 272nd Street. Sound Transit and King County Metro Transit have major park and ride facilities in the area with over 1,200 parking stalls Transit and HOV traffic would be able to turn onto South 272nd Street from I-5 without weaving through traffic on I-5. The project includes a new northbound I-5 bndge and reconstruction of approximately one-half mile of northbound I-5. The improvements would be constructed to match projects on South 272°d Street that would be built between Pacific Highway South (SR 99) and Military Road. PROJECT COST: Preliminary Engineering..............$4,500,000 Right of Way Acquisition............ . $460,000 Construction ..............................$37,370,000 TOTAL......................................$42,330,000 FUNDING SOURCE(S): City of Kent, City of Federal Way, King County, STP, Sound Transit, TPP, WSDOT PROJECT JUSTIFICATION: The traffic volumes at the interchange have reached the point where reconstruction is required to reduce congestion. The new interchange will provide needed capacity through the year 2030 The reconstruction will also allow Sound Transit and King County Metro Transit to operate efficiently through the Star Lake and Redondo Heights Park and Ride lots. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 23 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP- 1 Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#17: South 2241h Street Extension 84`h Avenue South to 104`h Avenue Southeast(Benson Road) (SR 515) DESCRIPTION: Construct a three-lane or five-lane road from 841h Avenue South to 100 Avenue Southeast (Benson Road) (SR 515), including new bridges over SR 167 and Garrison Creek. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks, street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering... ..........$2,300,000 Right of Way Acquisition............$8,000,000 Construction . ............................$25,700,000 TOTAL......................................$36,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The existing roadway system cannot accommodate the current and forecast east-west traffic volumes between Kent's East Hill and the Green River Valley floor In order to meet transportation concurrency requirements of the Growth Management Act, additional east-west vehicle capacity is required Intersections along South 208`h/212th Street and James/Southeast 240th Streets are also at or over capacity It is not feasible to widen the James/Southeast 240th Street and South 208th/212" Street `corridors' to accommodate forecast traffic volumes without additional east-west capacity because of existing development and ' topographic constraints. - -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 24 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PVVTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #18: Military Road South at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive nght turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Replace the existing traffic signal. The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$160,000 Right of Way Acquisition...............$185,000 Construction ...............................$1,600,000 TOTAL........................................$1,9451000 I FUNDING SOURCE(S): TI13, City of Kent, Developer Mitigation Funds PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 25 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#19: 801h Avenue South Widening South 196`h Street to South 188`h Street DESCRIPTION: Widen 801h Avenue South from South 1961h Street to South 1881h Street to five lanes This will include four general-purpose lanes and a center left- turn lane. The project will also include the construction of full width paving, concrete curbs, gutters, and sidewalks, street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering................ $195,000 Right of Way Acquisition ..............$403,000 Construction ...................................$725,000 TOTAL........................................$1,323,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The opening of the 196th Street corridor on the south end of the project and Renton's completion of Oaksdale Avenue South results in 801h Avenue South being a significant north-south corridor serving the industrial area. As a result, the increased traffic volumes along this section of 80th Avenue South could reach the point where a consistent five lane roadway section is required to provide safe left turn access into the adjoining properties Further, concrete curbs and gutters are required to provide control of roadway drainage and to prevent impacts to adjacent property owners. Sidewalks and street lighting will provide safe access for pedestrians. - -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 26 Action Strategy for Everett-Seattle-Tacoma Corridor,FMS1B—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ■ YEAR: 2010 PROJECT #20: Central Avenue South Pavement Rehabilitation Green River Bridge to East Willis Street (SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add service life to the roadway, between the Green River Bridge and East Willis Street (SR 516) This project will include the removal and replacement of falling pavement sections and a full-width asphalt concrete overlay of the entire roadway. Also included in this project is the selective replacement of curbs, gutters and sidewalks as well as minor storm drainage Limprovements. PROJECT COST: Preliminary Engineering.................$138,000 Right of Way Acquisition..........................$0 Construction . . ............................$1,587,000 TOTAL........................................$1,725,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of Central Avenue South is exhibiting signs of distress, as demonstrated by "alligatonng", longitudinal cracking, and cracking of the curbs and gutters The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation The sidewalk system is sub-standard in many locations and in need of replacement. -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 27 I Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #21: Willis Street (SR 516)/Union Pacific Railroad Grade Separation ' Grade Separation Crossing at Union Pacific Railroad(UPRR) DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; a four-lane roadway under-crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering............ .$5,300,000 Right of Way Acquisition...................... . .$0 Construction ..............................$21,200,000 TOTAL......................................$26,500,000 FUNDING SOURCE(S): City of Kent, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight ' traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide the solution to the costly problem of congestion The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion are also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters - -AIP-Arterial Improvement Program[state], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 28 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT#22: Willis Street(SR 516)Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; four-lane vehicle under-crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition............$4,000,000 Construction ..............................$14,600,000 TOTAL......................................$22,6009000 FUNDING SOURCE(S): City of Kent, Burlington Northern Santa Fe Railroad, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility In the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movements of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. -AIP-Artenal Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 29 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM , YEAR: 2011 ' PROJECT#23: South 2121h Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at South 2121h Street The project will include the construction of a railroad bridge; a six-lane roadway under-crossing; full-width paving; concrete curbs, gutters, and sidewalks, street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering............. $5,200,000 Right of Way Acquisition............$1,400,000 Construction ..............................$26,400,000 TOTAL......................................$339000,000 FUNDING SOURCE(S): City of Kent, FAST, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. Approximately 29,000 vehicles per day travel on South 2121h Street, including nearly 3,500 freight bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day Grade separations provide the solution to I the costly problem of congestion The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. - -AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight 30 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA- Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems [Federal],LID-Local Improvement District,PWTF-Public Works Trust Fund Loan [State],STP-Surface Transportation Program[Federal],TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 YEAR: 2011 PROJECT #24: South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at South 2121h Street. The project will include the construction of a railroad bridge; six-lane vehicle under crossing; full width paving, concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$5,200,000 Right of Way Acquisition............$1,400,000 Construction ..............................$26,400,000 TOTAL......................................$33,000,000 FUNDING SOURCE(S): City of Kent, FAST, TIB, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the j Green River Valley. Approximately 29,000 vehicles per day travel on South 212th Street, including nearly 3,500 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion The railroad crossing will no longer impede freight and other traffic flow Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers and commuters -A1P-Artenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 31 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal),TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT#25: South 2281h Street/Union Pacific Railroad Grade Separation , Grade Separation Crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 228rh Street. The project will include the construction of an overpass or an underpass road; full-width paving; concrete curbs, gutters and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,650,000 Right of Way Acquisition............$1,100,000 Construction ..............................$21,450,000 TOTAL......................................$249200,000 FUNDING SOURCE(S): City of Kent, TIB, FAST, FMSIB, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway system. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, improve ' freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space in the valley. ' - -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 32 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 ' PROJECT#26: Military Road South Widening South 272"d Street to Kent-Des Moines Road (State Route 516) DESCRIPTION: This project will widen Military Road from South 272"d Street to Kent- Des Moines Road adding a center left-turn lane, bicycle lanes, curb, gutter and sidewalks, street lighting; utilities and appurtenances (Note: Rerth Road, Kent-Des Moines Road and South 272"d Street intersections are separate projects and are not included in this project.) PROJECT COST: Preliminary Engineering $1,480,000 Right of Way Acquisition...............$750,000 Construction ..............................$11,400,000 TOTAL......................................$13,630,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached a point where a separate center two-way left-turn lane is required During peak traffic flow hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway waiting to make left turns. 1 1 -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 33 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#27: South 272rid Street Widening,Phase II ' Pacific Highway South to Military Road South DESCRIPTION: Add two HOV lanes and a center left-turn lane from Pacific Highway South (SR 99) to Military Road South. Construction will include full width paving; concrete curb, gutter, and sidewalks; street lighting; storm drainage; utilities; traffic signals; and appurtenances The project also includes widening the roadway under the I-5 bridges. PROJECT COST: Preliminary Engineering..............$1,420,000 Right of Way Acquisition............$1,386,000 j Construction ..... ........................$11,110,000 TOTAL......................................$13,9169000 FUNDING SOURCE(S): City of Kent, TIB, Washington State Transportation Partnership i Account, Federal, Sound Transit PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV- added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the Star Lake Park and Ride lot and the Redondo Heights Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various county, City of Kent and City of Federal Way transportation and transit improvement projects - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 34 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— , Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 I PROJECT #28: SR 181/West Valley Highway/Washington Avenue Widening Meeker Street north to approximately the 218`h block DESCRIPTION: Widen the existing five lane road to seven lanes to include three lanes in each direction and a center left-turn lane and install a traffic signal at the 1 intersection of West Valley Highway and South 238`h Street. The project will include the construction of full-width paving; concrete curbs, gutters ' and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering................ $950,000 Right of Way Acquisition............$5,200,000 Construction ..............................$10,000,000 TOTAL......................................$1691509000 1 FUNDING SOURCE(S): City of Kent, STP, T113, WSDOT I PROJECT JUSTIFICATION: SR 181/West Valley Highway/Washington Avenue is a major north- south route through the City and an important truck route for freight moving between the manufactunng, industnal and warehousing center of the Green River Valley and the regional freight comdors This route is seven lanes wide both north and south of the project segment. With increasing traffic volumes from the expected growth in both the freight and commute segments, the widening is needed to reduce congestion at intersections and reduce backups approaching SR 167 and South 212th Street. -AIP-Arterial Improvement Program [State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 35 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID-Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#29: Kent Kangley Road (SR 516)/SR 515/Southeast 256th Street , Intersection Improvements Intersection of Southeast Kent Kangley Road(SR 516), SR 515 and Southeast 2561h Street DESCRIPTION: This project will reconfigure the Kent Kangley Road (State Route 516)/State Route 515/Southeast 256th Street ("Y") intersection to provide a more efficient flow of traffic. Work will include the construction of a new three land roadway along SE 108th Avenue from Southeast Kent Kangley Road to Southeast 256th Street and the closure of the eastbound left turn lane at the Kent Kangley Road/Southeast 256th Street intersection. Work will include the construction of new curb, gutter, sidewalk, and street , lighting, modification of the existing traffic signal at Kent Kangley/108th Avenue, and the installation of a new signal at the 108th Avenue/Southeast 256th Street intersection. PROJECT COST: Preliminary Engineering.................$155,000 Right of Way Acquisition............$1,060,000 Construction ................................$1,285,000 TOTAL........................................$295009000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intersection by improving the traffic flow along SR 516. The existing configuration of the Y cannot accommodate the current and anticipated traffic volumes. It will eliminate the left turn pocket from SR 516 to SE 256th Street and redirect that traffic along SR 516 to 108th Avenue SE. There will be a new left- turn pocket constructed for motorists wishing to travel north on 1081h Avenue SE to SE 256th Street. By moving these left tuming movements further to the east, away from the congested Y intersection, all directions of traffic will be able to flow more efficiently. This extension will also provide another way for East Hill residents to have direct access to the business-by-pass route and better access to the commercial area south of the Kent Kangley Road/1041h Avenue Southeast intersection. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 36 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#30: West Meeker Street Widening—Phase I 64`"Avenue South to the Green River Bridge iDESCRIPTION: Widen West Meeker Street to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, bicycle lanes, a pedestrian signal at the Riverbend Golf Course, and modifications to the existing traffic signal system at the intersection of West Meeker Street and Russell Road. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks, landscaping; street lighting; storm drainage, utilities and appurtenances i PROJECT COST: Preliminary Engineering..............$1,060,000 ( Right of Way Acquisition............$1,200,000 Construction . ..............................$3,700,000 jTOTAL........................................$599609000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached i the point whereby a consistent five lane roadway segment is required to accommodate through traffic. Existing traffic volumes west of the intersection of 64th Avenue South indicate the need for a five lane section to accommodate additional development. Sidewalk and bicycle improvements will provide additional incentive to encourage a safe and attractive walking and biking environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. r -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 37 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#31: West Meeker Street Widening—Phase II Lake Fenwick Road to the east side of the Green River DESCRIPTION: Widen West Meeker Street between Lake Fenwick Road and the east side , of the Green River Bridge to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and bicycle lanes. Construct a new bridge over the Green River and extend the five lane roadway to the West Meeker Street Widening — Phase I Improvements. Remove the existing traffic signal at West Meeker/SR 516 and construct a new interchange, Including new ramps to connect West Meeker and SR 516. PROJECT COST: Preliminary Engineering..............$7,000,000 Right of Way Acquisition............$3,000,000 Construction . ............................$60,000,000 TOTAL......................................$70,000,000 FUNDING SOURCE(S): City of Kent, WSDOT PROJECT JUSTIFICATION: Increasing traffic on SR 516 and West Meeker Street has resulted in an overall lowering of the level of service at the existing intersection A new interchange would reduce delays and allow for unimpeded traffic flow on SR 516. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 38 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program[State] t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#32: 132"d Avenue Southeast Widening—Phase 1 ISoutheast 288'h Street to Kent Kangley Road(SR 516) I DESCRIPTION: Widen 132"d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, a bicycle facility, and modification of the existing traffic signal system at the intersection of Kent Kangley Road. The project will include the construction of full width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; street Ilighting, storm drainage; landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,850,000 Right of Way Acquisition............$2,300,000 jConstruction ................................$8,970,000 TOTAL......................................$13,120,000 FUNDING SOURCE(S): City of Kent i PROJECT JUSTIFICATION: The level of development along this section of 132"d Avenue has already reached the point whereby a consistent five lane roadway section is needed to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes. The south end of 132"d Avenue Southeast provides alternative access to SR 18. Existing traffic volumes that exceed 20,000 ADT (near the intersection of 132"d Avenue Southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 39 I Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT , SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 YEAR: 2013 r PROJECT#33: 132"d Avenue Southeast Widening— Phase II Kent Kangley Road(SR 516) to Southeast 24gh Street 1 DESCRIPTION: Widen 132"d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a bicycle r facility; modifying the existing traffic signal systems at the intersections of Kent Kangley Road and Southeast 2561h Street. The project will include the construction of full-width paving, bicycle lanes; concrete curbs, gutters and sidewalks; street lighting, storm drainage; utilities; and appurtenances. r PROJECT COST: Preliminary Engineering..............$3,450,000 Right of Way Acquisition........... $2,750,000 Construction ..............................$17,000,000 TOTAL......................................$239200,000 FUNDING SOURCE(S): City of Kent r PROJECT JUSTIFICATION: The level of development along this section of 132"d Avenue has already reached the point whereby and consistent five lane roadway section is needed to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes. Extsttny traffic volumes that exceed 20,000 ADT (near the intersection of 132 Avenue southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. r - -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 40 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#34: 132"d Avenue Southeast Widening—Phase III Southeast 248`h Street to Southeast 236`h Street DESCRIPTION: Widen 132d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a bicycle facility; modifying the existing traffic signal system at the intersection of Southeast 2401h Street. The project will include the construction of full- width paving, bicycle lanes; concrete curbs, gutters, and sidewalks, street lighting, storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,850,000 Right of Way Acquisition...............$800,000 Construction ................................$9,300,000 TOTAL......................................$11,9509000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132"d Avenue has already ' reached the point whereby a consistent five lane roadway section is needed to provide safe left-turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. 1 1 -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 41 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— ' Transportation Partnership Program[State] I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#35: Southeast 256`h Street Widening—Phase III 132"d Avenue Southeast to 1481h Avenue Southeast DESCRIPTION: Widen Southeast 256th Street to provide a three-lane roadway, including two general-purpose travel lanes, a center left-turn lane, and a bicycle facility, modifying the existing traffic signal systems where appropriate. Construct a new bridge crossing at Soos Creek and elevate Southeast 256th Street approaches above the 100 year flood plain. The project will include the construction of full-width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; bridge; street lighting; storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering............ .$2,650,000 j Right of Way Acquisition ...........$1,030,000 Construction ..............................$13,300,000 TOTAL......................................$16,980,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Southeast 256th Street has , already reached the point whereby a consistent three-lane roadway section is required to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes. With the widening of Southeast 256th Street, the bridge at the east end of the project would need to be replaced and elevated above the 100 year flood plain. Sidewalks and bicycle lanes will provide safe access for pedestrians and cyclists The east end of Southeast 256th Street provides an alternative access to SR 18. - -AIP-Arterial Improvement Program [State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 42 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board [State],TPP— Transportation Partnership Program [State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT #36: South 208th Street Improvements 84`h Avenue South to 96`h Way South DESCRIPTION: Rehabilitate the existing pavement to add additional service life to the roadway from 841h Avenue South to 961h Way South. This project will widen the existing roadway to two 14 foot lanes with the addition of concrete curb, gutters, sidewalks, storm drainage and illumination The project will rebuild failing roadway sections near 93`d Avenue and add a left turn lane from eastbound 208th Street to northbound 92nd Avenue South Retaining walls and guardrails will be added as needed. PROJECT COST: Preliminary Engineering.................$220,000 Right of Way Acquisition ..............$125,000 Construction .................. .............$2,500,000 TOTAL........................................$298459000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: South 208rh Street between 841h Avenue South and 96th Way South is a substandard narrow two-lane roadway that connects 84th Avenue (East Valley Highway) with Southeast 2081h Street. This section of roadway I cannot accommodate the existing and anticipated traffic volumes and is experiencing pavement and roadway failures that require repair. Widening of the roadway will necessitate the installation of retaining walls and guardrails. -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 43 I Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT#37: South 196ti'/192nd Street Corridor—Phase III ' 84'h Avenue South (East Valley Highway) to 108'h Avenue Southeast (SR 515) DESCRIPTION: Construct a new five lane roadway from 84th Avenue South (East Valley Highway) to 1081h Avenue Southeast (SR 515); including a new bridge over SR 167. Project will include the construction of full-width paving; concrete curb, gutter and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. , PROJECT COST: Preliminary Engineering $6,600,000 Right of Way Acquisition............$6,600,000 Construction ..............................$32,000,000 TOTAL......................................$45,200,000 FUNDING SOURCE(S): City of Kent, LID, STP, TIB PROJECT JUSTIFICATION: Traffic volumes on existing east-west corridors will exceed the adopted standards if forecasts of economic and residential growth on the East Hill of Kent and jurisdictions to the east of Kent continue as predicted by state and regional planning agencies. Additional roadway capacity must be provided to accommodate this growth within the urban growth boundaries. This project supports GMA policies, helps the City meet its Concurrency Standards, and augments previous investments in this corridor by extending its usefulness as a freight corridor and major east- west connection - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 44 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA— Federal Transit Administration[Federal],HES—Hazard Ehmmation [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PtVTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program [Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2008 - 2013 PROJECT #38: State Route 167 Corridor Plan SR 167 from 1405 to Port of Tacoma DESCRIPTION: City of Kent Engineering and Transportation Planning staff support towards the Washington State Department of Transportation's (WSDOT) development of the SR 167 Corridor Plan and implementation of the plan phases. This WSDOT plan includes an additional general purpose lane in each direction and completion of the HOV system. PROJECT COST: Preliminary Engineering.. ...........$1,200,000 Right of Way Acquisition..........................$0 Construction ..............................................$0 TOTAL........................................$1,200,000 rFUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: While this Washington State Department of Transportation project is a L multi-million dollar improvement consisting of state and RTID funding, the City of Kent has provided, and will provide, hundreds of hours of transportation planning, data gathering, and preliminary engineering in support of this critical transportation corridor The congestion on SR 167 resulting from inadequate capacity creates spillover congestion onto Kent arterials and jeopardizes the future of our local and regional economy. With the planned extension of SR 167 to the Port of Tacoma and planned completion of SR 509 connecting Kent to the Port of Seattle, this project would complete the freight corridor, shifting thousands of displaced daily trips back to the regional transportation system. -A1P-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 45 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[Stale],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,T1B—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 - 2013 , PROJECT #39: Bicycle and Pedestrian Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the city's pedestrian network and , bicycle routes as identified in the Nonmotonzed Element of the Transportation Master Plan. PROJECT COST: Preliminary Engineering...................$60,000 , Right of Way Acquisition..........................$0 Construction ...................................$562,000 TOTAL...........................................$622,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project can help achieve the City's transportation goals for improving mobility and safe access for walking and bicycling. The project complies with the City's Commute Trip Reduction Ordinance by promoting non-motonzed travel to employment centers, commercial districts, transit stations, schools and civic centers, and recreational destinations. Walking can be a practical alternative to driving, especially for short trips and contributes greatly to neighborhood quality and vitality Pedestrian improvements to streets, intersections, sidewalks, and other facilities can improve access and safety. Such facilities are particularly important for children, senior citizens, and people with disabilities. This project also leverages opportunities to enhance safe walking routes to schools for children. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 46 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] ' 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 - 2013 PROJECT #40: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road and 100th Avenue Southeast (near the 22600 block). Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering $20,000 Right of Way Acquisition..........................$0 Construction ........... . .....................$175,000 TOTAL...........................................$195,000 1 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. ' i 1 -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 47 ' Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 - 2013 , PROJECT#41: Community Based Circulating Shuttles ' Ongoing Citywide Programs DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the community through the use of fixed-route shuttle service, with demand- responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medical facilities. The City plans to add two new routes to demonstrate the value of circulator transit service connecting residential areas of the east and west hills with ' the regional bus and commuter train services at the Kent Transit Center PROJECT COST: Preliminary Engineering............................$0 Right of Way Acquisition .........................$0 Construction ...................................$840,000 TOTAL...........................................$840,000 FUNDING SOURCE(S): City of Kent, King County, ]TS PROJECT JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the city's , seniors and reduce the need for expensive ACCESS service for many wheelchair-lift service trips. Community circulating shuttles encourage the participation of all ages, all economic groups, all physical abilities, and virtually all of our community in everyday civic life without the isolation and pollution of the automobile for every trip. Commuter shuttles enhance the regional transit/train service by providing the vital link from the home to the Transit Center and from the Transit Center to the workplace, encouraging people to leave their vehicles at home, avoiding the cold start impacts to air quality and reducing congestion on local streets. - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 48 Action Strategy for Everett-Seattle-Tacoma Corridor, FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration [Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PINTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] , CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 - 2013 ' PROJECT#42: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and curb ramps and install new truncated domes and hard-surfaced sidewalks to implement the requirements of the Federal Americans with Disabilities Act (ADA) consistent With the findings of the Nonmotorized Element of the Transportation Master Plan. PROJECT COST: Preliminary Engineering ................$200,000 Right of Way Acquisition..........................$0 Construction ................................$1,750,000 TOTAL........................................$199509000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is mandated by Title 11 of the Americans with Disabilities Act. Title II requires that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in compliance with the nondiscrimination requirements of the ADA. The ADA requires that an ADA Transition Plan be prepared to describe any structural or physical changes required to make programs accessible. The City of Kent has conducted a self evaluation and prepared a Transition Plan including a prioritized list of projects to bring itself into compliance with the Federal ADA regulations. This program begins working on that list of projects to reconstruct and repair the City's sidewalk and street/sidewalk transition zones for accessibility for all citizens. -AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight 49 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008-2013 PROJECT#43: Transit Now Service Partnership Program DESCRIPTION: Transit Now is a voter-approved King County Metro Transit program which provides incentives for local jurisdictions to improve local transit operations by entering into a direct financial partnership with Metro for providing that additional service. Metro will match a partner's contribution on a 2:1 bans. Transit Now requires a minimum contribution from the partner of$100,000 per year for five (5) years to add service on an existing route or routes or $200,000 per year for five (5) years to add a new route or routes. Some possibilities include shuttle service through The Lakes and Riverview communities to the Kent Transit Center, increased frequencies on the Route 153 between Kent and Renton, and increased frequencies on the Route 183 through the West Hill of Kent. , PROJECT COST: Preliminary Engineering..............$2,600,000 Right of Way Acquisition . .......................$0 Construction ..............................................$0 , TOTAL........................................$29600,000 FUNDING SOURCE(S): City of Kent, King County, CMAQ, Commute Trip Reduction Program (CTR) Employers PROJECT , JUSTIFICATION: Transit service (bus & train) between Kent and downtown Seattle is generally competitive with automobile driving during the commute hours. Transit service within Kent and between Kent and its neighboring jurisdictions has serious deficiencies. Due to low frequency, transit is ' simply not a viable option for travelers who need to make a trip during the midday, commuters working non-traditional shifts, and peak hour commuters who are concerned that there is no safety net service should ' they need to travel during the midday. These partnership proposals allow us to buy our way into providing additional service to our community that we would not otherwise be able to obtain. , - -AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 50 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State], FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportauon Partnership Program[State] , ' CITY OF KENT, WASHINGTON ' SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2008 - 2013 KEN T W A S H I N G T O N 1 I For more information or additional copies of this document contact: I Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 ' smullen@)ci.kent.wa.us - -AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 51 Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Ca endar Items A through X. ' Discussion T Action file R 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 5, 2007. 6B. Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 15, 2007. Approval of checks issued for vouchers: ' Date Check Numbers Amount 4/30/07 Wire Transfers 2821-2835 $1,274,628.30 4/30/07 Regular 307034-307624 3,325,608.34 Use Tax Payable 1,700 18 $41601,936.82 Approval of checks issued for payroll for April 1 through April 15 and paid on April 20, 2007: Date Check Numbers Amount 4/20/07 Checks 296989-297278 $ 230,493 22 ' 4/20/07 Advices 211778-212481 1,328,282 79 Total Regular Payroll $11558,776.01 ' Approval of checks issued for payroll for April 16 through April 30 and paid on May 4, 2007: Date Check Numbers Amount 5/4/07 Checks 297279-297587 $ 227,084.79 5/4/07 Advices 212482-213184 1,335,074 31 Total Regular Payroll $1,562,159.10 Council Agenda ' Item No. 6 A-B 1 ZK � Kent City Council Meeting EC T WASHINGTON June 5, 2007 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, Ranmger, Raplee and Thomas (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration or Staff. (CFN-198) Upon a request from Councilmember ' Albertson, Consent Calendar Item H, Animals in Residential Districts Zoning Code Amendment, was removed from the agenda and returned to the Planning and Economic Development Committee, which will meet at 5:00 p in on June 11, 2007. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Parks Director Watling announced that the City has received ' a national award from the Arbor Day Foundation for their Tree Education Program B. Community Events. (CFN-198) Council President Ranniger announced that the East Hill ' Skate Park will open on June 9, that there will be lifeguards at Lake Meridian Beach beginning June 23`d, and that the Farmers Market will be held at Second Avenue between Smith and Harrison Streets. ' C. Neighborhood Council Recognition Presentation. (CFN-1311) Neighborhood Council Program Coordinator Toni Azzola recognized the first three neighborhood councils, Dover Park, ' The Lakes at Kent, and South Kent, and introduced representatives from the councils. D Employee of the Month. (CFN-147) Public Works Director Blanchard introduced Jason ' Barry, Capitol Improvements Inspector, who has been chosen as Employee of the Month for June. He commended Barry for his hard work and his demonstration of the City's values. E. Introduction of Appointees. (CFN-1170&839) Mayor Cooke noted that Ryan Noel's appointment to the Lodging Tax Advisory Board is on the consent calendar for Council's approval, as well as that of Linda Mackintosh, her appointee to the Kent Arts Commission. ' Mackintosh voiced her desire to make music available to all people. CONSENT CALENDAR Ranmger moved to approve Consent Calendar Items A through P, with the exception of Item H, which was removed from the agenda and returned to committee Clark seconded and the motion carried A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of May 15, 2007, were approved. ' B. Approval of Bills. (CFN-104) Payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 15, 2007, was approved. 1 Kent City Council Minutes June 5 2007 r Approval of checks issued for vouchers: ' Date Check Numbers Amount ' 4/30/07 Wire Transfers 2821-2835 $19274,628.30 4/30/07 Regular 307034-307624 3,325,608.34 Use tax Payable 1,700.18 $41601,936.82 Approval of checks issued for payroll for April 1 through April 15 and paid on April 20, ' 2007: ' Date Check Numbers Amount 4/20/07 Checks 296989-297278 $ 230,493.22 4/20/07 Advices 211778-212481 1,328,282.79 Total Regular Payroll $1,558,776.01 Approval of checks issued for payroll for April 16 through April 30 and paid on May 4, ' 2007: Date Check Numbers Amount ' 5/4/07 Checks 297279-297587 $ 227,084.79 5/4/07 Advices 212482-213184 1,335,074.31 Total Regular Payroll $17562,159.10 C. Medic One/Emergency Medical Services (EMS) Levy Resolution. (CFN-122) Resolution No. 1755 supporting a countywide proposition for funding a six year Medic One/Emergency Medical Services Levy pursuant to RCW 84.52 069 was adopted. , D. Neighborhood Council Program, Resolutions. (CFN-1311) Resolution Nos. 1756, 1757, and 1758 which recognize the Dover Park, South Kent Community, and the Lakes at Kent Neighborhood Councils, were adopted. E. 2006 Comprehensive Plan Land Use & Zoning District Map Amendments, Parks & ' Open Space, Ordinance. (CFN-377,131,118) Ordinance No 3841 affirming Council's vote taken on May 15, 2007, amending the Zoning District and Comprehensive Plan Land Use Maps related to adjustments to properties for parks and open space was adopted. The May 15, 2007, , motion authorizing this ordinance passed by a vote of four to three, with Councilmembers Albertson, Harmon, Ranniger and Raplee in favor, and Councilmembers Clark, O'Brien and ' Thomas opposed. The record on this ordinance reflects the same vote. F. 2006 Comprehensive Plan Land Use & Zoning District Map Amendments, Reconciling ' Zoning, Ordinance. (CFN-377,131) Ordinance No 3842 affirming Council's vote taken on May 15, 2007, reconciling the Zoning District and Comprehensive Plan Land Use Maps related to single-family residential, including additional consideration of properties located within the Lake ' Meridian watershed was adopted. The May 15, 2007, motion authorizing this ordinance passed by 2 Kent City Council Minutes June 5, 2007 ' a vote of four to three with Councilmembers Albertson, Harmon, Ranniger and Raplee in favor, and Councilmembers Clark, O'Brien and Thomas opposed The record on this ordinance reflects the same vote. G. Shoreline Master Program Update, Consultant Contract. (CFN-472) The Mayor was authorized to sign a contract with MAKERS Architecture +Urban Design for completion of a comprehensive update to the Shoreline Master Program for a total cost not to exceed $190,000 upon concurrence of contract language acceptable to the City Attorney and the Planning Manager. I. Countywide Planning Policies Amendment Resolution. (CFN-961) Resolution No. 1759 ratifying the proposed amendment to the Countywide Planning Policies to add acreage to the City's Potential Annexation Area, revising LU-25b to allow adjustment of household and employment targets if a new municipal incorporation occurs within a designated Potential ' Annexation Area, and designating the Overlake area of Redmond as an Urban Center was adopted. J. 2008-2013 Six-Year Transportation Improvement Plan. (CFN-164) June 19, 2007, was set as the date for a Public Hearing on the draft 2008-2013 Transportation Improvement Plan K. Lodging Tax Advisory Board Appointment. (CFN-1170) The appointment of Mr. Ryan Noel, Towneplace Suites, to fill a vacant position on the Board was confirmed His term will expire on December 31, 2009 L. King County 4Culture Grant. (CFN-118) The King County Sustained Support grant in the amount of S 15,000 was accepted, the expenditure of funds in the Kent Arts Commission budget was approved and the Mayor was authorized to sign the agreement. M. Town Square Plaza Temporary Construction Easement. (CFN-1298) The Mayor was authorized to sign the easement agreement for$7,300 with Heart of Kent LLC for property at Town Square Plaza, upon approval of easement language acceptable to the City Attorney. N. Fire Creek Grill Assignment of Lease. (CFN-118) The Mayor was authorized to sign the Assignment of Lease between Atlas Services, Inc and Washington Hospitality LLC, upon approval of terns and conditions by the City Attorney. Atlas Services Inc. is the current lessee of the Fire Creek Grill at the Riverbend Golf Complex O. East Hill Skate Park Naming. (CFN-118) Arbor Heights 360' was approved as the official name for the new skate park located on the southwest corner of 116th Avenue SE and South 240th Street. Arbor Heights refers to the geographic location; 360' represents a wide variety of park elements (the full pipe, view from pinnacle, loop trail, multi-generations). P. Kent Arts Commission Appointment. (CFN-839) The Mayor's appointment of Ms. Linda Mackintosh to the Kent Arts Commission was confirmed She will replace C.J. Bell, who resigned, and her new term will continue until 10/31/2009. PUBLIC HEARINGS A. Single Family Residential Moratorium Extension. (CFN-121) On December 12, 2006, the City Council passed Resolution No. 1746 imposing a moratorium on filing rezones and other 3 Kent City Council Minutes June 5 2007 related land use applications on residential properties whose zoning designation does not match ' the property's comprehensive plan designation. On February 6, 2007, after a public hearing, Council passed Resolution No. 1748 extending the moratorium, which will expire at midnight, June 12, 2007. The City Attorney explained that the zoning and comprehensive plan differences were resolved by the passage of appropriate amendments on tonight's consent calendar, however they will not take effect until after the current moratorium expires He said that, as a result, Council must extend the moratorium until Ordinance No 3842 takes effect, and it was noted that a public hearing is required by state law. Mayor Cooke opened the public hearing. Mark Jones, 25215 138t" Place SE and Roger Hurst, 26705 102nd Avenue SE, spoke in support of the moratorium. The Mayor noted that Kathryn Johnson, 14110 SE 288`h, indicated her support but did not wish to speak. There were no further comments from the audience and Ranniger moved to close the public hearing Clark seconded and the motion carried. ' Harmon moved to adopt Resolution No 1760, adopting Findings of Fact and continuing the moratorium pursuant to Resolution Nos. 1746 and 1748 affecting certain residential properties whose zoning and comprehensive plan designations do not match. Ranniger seconded Harmon explained that the moratorium is needed to satisfy the zoning issues previously passed. The motion then carried. OTHER BUSINESS A. Ellis Rezone. (CFN-121) The proposed ordinance relates to the rezoning of three parcels ' totaling 5.67 acres of property from SR-4.5 to SR-6. It is located at 12824 SE 256`h. The Hearing Examiner held a public hearing on May 2, 2007, and issued Findings, Conclusions and a Recommendation for approval on May 16, 2007. The City Attorney explained the quasi-judicial process and determined that there have been no ex parte contacts or conflicts in decision making by any Councilmembers, and that no one in the , audience is aware of any conflicts. Charlene Anderson, Planning Manager, pointed the location out on the map, and responded to questions from Councilmembers regarding zoning in the surrounding area. Harmon moved to reject the Findings, Conclusions and Recommendation of the Hearing Examiner on the Ellis Rezone. Thomas seconded. Harmon said the proposed zoning is not consistent with that of the surrounding neighborhood and that it would put a burden on the transportation system. ' O'Brien pointed out that Planning staff and the Hearing Examiner both recommended approval. The motion then carried with O'Brien opposed. B Devonshire Pointe Rezone. (CFN-121) The proposed ordinance relates to the rezoning of one parcel totaling 1.34 acres of property from SR-4 5 to SR-6. It is located at 9138 S 208`h Street. The Hearing Examiner held a public hearing on May 2, 2007, and issued Findings, ' Conclusions and a Recommendation for approval on May 16, 2007. 4 Kent City Council Minutes June 5, 2007 The City Attorney explained the quasi-judicial process and determined that there have been no ex parte contacts or conflicts in decision making by any Councilmembers, and that no one in the audience is aware of any conflicts. Charlene Anderson, Planning Manager, displayed a map of the area and Clark expressed concern about the slope Harmon moved to accept the Findings, Conclusions and Recommendation of the Hearing Examiner on the Devonshire Pointe Rezone and to adopt Ordinance No. 3843 rezoning the area. Raplee seconded. Harmon stated that this zoning fits the surrounding neighborhood design and long-term plan. Clark reiterated his concern about the slope and about the extra density. Upon a roll call vote, the motion carried 5-2 with Harmon, O'Brien, Ranniger, Raplee, and Thomas in favor and Albertson and Clark opposed. BIDS A. Russell Road Maintenance Facility Roof and Wall Improvements. (CFN-120) Parks Director Watling explained that this structure had been slated for improvements as part of the scheduled renovation of the facility in 2009-10, that this damage was incurred during the December 2006 wind storm, and that the recommendation is to do the repair and renovation at the same time. He said the bid opening was held on May 24, 2007, that two bids were received, and that the low bid was submitted by Mike Werlech Construction in the amount of$429,066 He added that funds are available in the Kent East Hill Operations Center and Russell Road Renovation project budgets, and that reimbursement from FEMA is anticipated. Ranniger moved to authorize the Mayor to sign the contract with Mike Werlech Construction in the amount of$429,066 for roof and wall improvements to the Russell Road Maintenance Facility subject to approval of final terms and conditions acceptable to the City Attorney Raplee seconded and the motion carved. REPORTS Council President. (CFN-198) No report was given. Mayor. (CFN-198) Mayor Cooke encouraged Councilmembers to attend the Suburban Cities Association dinner meeting this month. Operations Committee. (CFN-198) No report was given. Parks and Human Services Committee. (CFN-198) Ranniger announced that a survey is being conducted regarding the proposed Aquatics and Recreations Center Planning and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be held on June I I th. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held at 5 00 p m. on June 12th Public Works Committee. (CFN-198) Raplee noted that the last meeting was cancelled and that the next meeting will be at 5:00 p in. on June I8`h 5 Kent City Council Minutes June 5, 2007 Administration. (CFN-198) Hodgson announced that there are two items of property acquisition and an item of potential litigation for the Executive Session, and that action may be taken after the meeting reconvenes. He estimated the Executive Session to last thirty minutes. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:35 p.m. and reconvened at 9:35 p.m. (CFN-198) Property Acquisition. (CFN-1038) Mike Mactutis, Environmental Engineering Manager, explained that an easement is required by the Corps of Engineer in order to participate in emergency repairs on the Briscoe School Levee. Raplee moved that the Mayor be authorized to execute a Flood Protection Levee Easement to King County which will allow the Army Corps of Engineers to construct and repair the Briscoe School Levee along the Green River. Harmon seconded and the motion carried. Property Acquisition. (CFN-239) CAO Hodgson explained that the City has negotiated with Dr. and Mrs. Lake to purchase 3 5 acres of land and a single-family dwelling on SE 240th Street. He added that, as part of the agreement, the Lake family will be allowed to live on the site for five years. He stated that the site may eventually house a small conference center for community use. He noted that funding would be by grant funds and thanked former Senator Steve Johnson who assisted in obtaining most of the funds Ranntger moved to authorize the Mayor to enter into a Real Estate Purchase and Sale Agreement between Melvin Harold Lake and Karen Joyce Lake, husband and wife, for the purchase of the property located at 12665 SE 240`h Street, Kent, WA, with a purchase price of$1,540,000, subject to agreement of the terms by the Parks Director and the City Attorney. Raplee seconded and the motion carried ADJOURNMENT The meeting adjourned at 9:35 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 6 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar j 1. SUBJECT: KING COUNTY LANDMARKS AND HERITAGE COMMISSION APPOINTMENT— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr. Jack Becvar to serve as Kent's representative to the King County Landmarks and Heritage Commission. Jack has had a long-time interest in Kent's history and heritage and is a strong proponent of the collection, preservation and display of our past, present and future. He is knowledgeable about Kent's history, having served as City Historian, is a long-time member of the Greater Kent Historical Society and served as Director of the Kent Museum. Mr. Becvar has indicated his interest in serving as a special member to the Commission and is looking forward to serving in that capacity. His appointment will begin on July 1, 2007, and will continue until June 30, 2010. With the recent passing of Ordinance No. 3809, entitled "Landmark Designation and Preservation," the City is entitled to appoint one individual to act as a special member of the Commission. 3. EXHIBITS: Memorandum 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 DISCUSSION: ACTION: Council Agenda Item No. 6C OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone:253-856-5700 Fax- 25-1 856-6700 • Address 220 Fourth Avenue S. KENT Kent,WA 98032-5895 WASMINOTON TO: Deborah Ranniger, Council President City Council Members FROM: Suzette Cooke, Mayo DATE: May 17, 2007 RE: Appointment to King County Landmarks Commission With the recent passing of Ordinance No. 3809, "Landmark Designation and Preservation," the city of Kent is entitled to appoint one individual to act as a special member of the King County Landmarks and Heritage Commission. Consequently, I am requesting your approval of my appointment of Mr. Jack Becvar to serve as Kent's representative to that Commission. Jack has had a long-time interest in Kent's history and heritage and is a strong proponent of the collection, preservation and display of our past, present and future. He is knowledgeable about Kent's history, having served as City Historian, is a long-time member of the Greater Kent Historical Society and served as Director of the Kent Museum. Mr. Becvar has indicated his interest in appointment as a special member to the "King County Landmark and Heritage Commission"and is looking forward to his serving in that capacity. His appointment will begin on July 1, 2007 and will continue until June 30, 2010. I submit this for your confirmation. jb Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: EXCUSED COUNCIL ABSENCE—APPROVE l2. SUMMARY STATEMENT: Approve an excused absence for Council President Ranniger who is unable to attend tonight's meeting. i 3. EXHIBITS: Memorandum 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 $ 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D JUP�13-2Gb'r l� d� (.LIT of KtNI c7s tbb beM V.MAIL ■ City Council ■ Dr. Deborah Ranniger, Council President Phone:253456 5712 KEN T nue Fax: 253.856-6712 WASH w o,o r Address: 220 Fourth Ave S. Kent.WA.98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Deborah Ranniger, Councilmember DATE: June 19, 2007 SUBJECT: City Council Excused Absence I would like to request an excused absence from the June 19, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Deborah Ranniger 1 iP TOTAL P.01 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: EMERGENCY MANAGEMENT PERFORMANCE GRANT — ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the Emergency Management Performance (EMPG) Grant in the amount of$61,636 and authorize the Mayor to sign all necessary grant documents. Kent Fire's Emergency Management Division received this grant from the Washington Military Department to enhance local budgets through the Federal Emergency 1 Management Agency (FEMA) Emergency Management Performance Grant (EMPG). The Washington State Military Department's Emergency Management Division receives grant monies each year from FEMA through EMPG. A portion of this grant is earmarked by the state to be passed through to local jurisdictions that have emergency management programs to enhance their operating budgets. Each Jurisdiction that applies and meets the qualifications specified in WAC 118-09-040 is awarded a grant based on the size of its emergency manage- ment operating budget Funds are utilized by local Jurisdictions to assist in providing emergency management capability The Statement of Work, which is included in the attached contract, outlines the objectives, goals, and deliverables that were identified when Kent applied for the grant monies. The City Attorney's office has reviewed the contract. 1 3. EXHIBITS: Contract 4. RECOMMENDED BY: Staff and Public Safety Committee 6/12/2007 (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No. X If no: Unbudgeted Expense: Fund V00042.6XXXX.2150 Amount $61,363.00 Unbudgeted Revenue: Fund V00042.53316 Amount $61,363.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address 2 Contract Amount 3 Contract Number City of Kent Emergency Management 24611 116th Avenue S.E. $61,636 E07-349 Kent, WA 980304939 4 Contractor's Contact Person, phone number 5 Contract Start Date 6 Contract End Date Brian Felczak, (253) 856-4345 October 1, 2006 December 31, 2007 7 MD Program Manager/phone number 8 State Business License# 9 UBI#(state revenue) Rachel Sova (253) 512-7064 NA 173-000-002 10 Funding Authority Washington State Military Department(Department)and the Department of Homeland Security(DNS) 11 Funding Source Agreement# 12 Program Index# & OBJ/SUB-OJ 13 CFDA#&Title 14 TIN or SSN 2007-EM-E7-0017 77314 NZ 97.042 EMPG 91-6001254 15 Service Districts 16 Service Area by County(es) 17 Women/Minority-Owned, State (BY LEG DIST) 31, 47 King County Certified? X NIA ElNO(BY CONG DIST) 8, 9 El YES, OMVVBE# 18 Contract Classification 19 Contract Type(check all that apply) ❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39 34) ❑ Interagency 20 Contractor Selection Process 21 Contractor Type (check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22 BRIEF DESCRIPTION To provide Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes that have emergency management programs to support their emergency management operating budget in an effort to enhance their emergency management program. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day and year last specified below FOR THE DEPARTMENT FOR THE CONTRACTOR Signature Date Signature Date James M. Mullen, Director Suzette Cooke, Mayor Emergency Management Division Washington State Military Department for City of Kent Emergency Management APPROVED AS TO FORM. Spencer W Daniels (signature on file) 7/20/06 Assistant Attorney General Form 10/27/00 kdb DHS-EMPG-FFY 07 Page 1 of 61 City of Kent Emergency Management E07-349 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be 1 reimbursed on an actual cost basis unless otherwise provided in this contract Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or amended and in agreement with federal rates Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department Some flexibility to shift funds between/among budget categories is allowed as follows Changes to any single budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written authorization of the Department Budget categories are as specified or defined in the budget sheet of the 1 contract ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed as specified in Attachment A Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted at least bi-annually Final Invoice 1 No later than 451' day (shall not exceed overall contract amount) following the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing Technical #/Copies Due Date 1 Bi-Annual Strategy Implementation Report Electronic January 15, 2007 July 15, 2007 Performance Report Electronic May 31, 2007 Final Report Electronic No later than 451h day following the contract end date NIMS Compliance Progress Reports Electronic April 30, 2007 September 30, 2007 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https //www reporting odp dhs qov/ The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management tool located at https //fortress wa qov/mil/qms/qms/. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel Any substitution must be notified in writing by the Military Department. CONTRACTOR. MILITARY DEPARTMENT Brian Felczak Rachel Sova, EMPG Program Manager ' DHS-EMPG-FFY 07 Page 2 of 61 City of Kent Emergency Management E07-349 ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: The Contractor 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 ARTICLE V --ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U S Department of Homeland Security (DHS), Office of Grants and Training (G&T) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs 2 The Contractor shall provide a match of $61,636 of non-federal origin Said match may be in the form of goods, services, and in-kind services. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount 4 The Contractor agrees that in order to receive Federal Fiscal Year 2008 (FFY08) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2007 must be met. Applicants will be required to certify as part of their FFY08 EMPG applications that they have met the FFY07 NIMS requirements The NIMS Integration Center (NIC) web page, http //wwwfemagov/emergency/nims/indexshtm, is updated regularly with information about the NIMS The website can also be used as a useful tool to determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS requirements you have not yet met ARTICLE VI — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability 3. The Contractor shall maintain equipment records that include- a description of the property, the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number, who holds title, the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost, the location, use and condition of the equipment at the date the information was reported, and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. DHS-EMPG-FFY 07 Page 3 of 61 City of Kent Emergency Management E07-349 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment 6 The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property Any loss, damage or theft shall be investigated and a report generated 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return 9 When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: 1 a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10 As sub-grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract ARTICLE VII — SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, a-mails and correspondence; '� • review of reimbursement requests to insure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations, • on-site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables As a sub-grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. DHS-EMPG-FFY 07 Page 4 of 61 City of Kent Emergency Management E07-349 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1 DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below. a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department b "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor' shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "Recipient and/or Pass-Through Entity" means the Washington State Military Department as it is applied to this contract d. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives federal financial assistance If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement e Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. f. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements" g. "CFR" — Code of Federal Regulations h "OMB" — Office of Management and Budget 1. "RCW" - Revised Code of Washington i "WAC"- Washington Administrative Code. 2. SUBRECIPIENT MONITORING a. The Washington Military Department (the Department), as a recipient agency, receives federal financial assistance funds for federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance funds. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars, in particular the OMB Circular A-133, subrecipient audits, and other guidance found in the Federal Register b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance The Department shall conduct contract monitoring activities on a regular basis Monitoring is defined ' as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. DHS-EMPG-FFY 07 Page 5 of 61 City of Kent Emergency Management E07-349 Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract c The Department and the Contractor acknowledge and agree to the following: 1) The Department as the pass-through entity (recipient) shall monitor its subrecipients If the Department subawards federal funds to a subrecipient, then the Department staff must monitor the subrecipient 2) Review of the A-133 Single Audit report is a primary monitoring activity used by pass- through entities to ensure compliance 3) Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. 4) The Department as the pass-through entity (recipient) will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit" organizations 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertinent to the intent of this contract. b. The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the Department, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract The Contractor will retain all books, records, documents, and other materials relevant to this contract for six (6) years from the end date of the grant through which this contract is funded and make them available for inspection by persons authorized under this provision. C. The Department or the State Auditor or any of their representatives and federal officials so authorized by law, rule, regulation, or contract shall have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract Such rights last for six (6) years from the end date of the grant through which this contract is funded d. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003) Non-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. Circular A-133 is available on the OMB Home Page at http //www omb gov and then select "Grants Management" followed by "Circulars" DHS-EMPG-FFY 07 Page 6 of 61 City of Kent Emergency Management E07-349 Contractors 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 Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit Costs of the audit may be an allowable grant expenditure The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records The Contractor is responsible for any audit exceptions incurred by its own organization or that of its I subcontractors Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings or if there were findings, the letter should provide a list of the findings The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to. Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received The Contractor shall include the above audit requirements in any subcontracts 5 ACCESS TO PUBLIC RECORDS a. The parties acknowledge that public records, as defined by RCW 42.56 020, that have been made or received by the Department in connection with the transaction of public business are subject to inspection by the public in accordance with RCW Chapter 42 56 and to the extent applicable WAC Chapter 118-02, except as exempted under RCW 42 56, RCW 43 21F.060(1), or other statutes b. In compliance with RCW 39.29 080, the Contractor shall provide access to data generated under this contract to the Department and the State Auditor at no additional cost This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 6. RECAPTURE PROVISIONS In the event that the Contractor fads to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance Such right of recapture shall exist for a period not to exceed six years following contract termination or audit resolution, whichever is later Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees. 7 COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, tribal government, and local laws, regulations, and/or policies. DHS-EMPG-FFY 07 Page 7 of 61 City of Kent Emergency Management E07-349 This obligation includes, but is not limited to, nondiscrimination laws and/or policies, the Americans with Disabilities Act (ADA), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 C.F R Sec. 52 203-5), Public Disclosure (RCW 42 56); and safety and health regulations In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law or 1 policy, the Department may rescind, cancel, or terminate the contract in whole or in part The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law. 8 NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to. a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, 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 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. 9. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U S C. 12101 et seq. also referred to as the "ADA" 28 CFR Part 35 and its implementing regulations The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication 10 PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the 1 Department's name may, in the Department's judgment, be inferred or implied The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www epls gov DHS-EMPG-FFY 07 Page 8 of 61 City of Kent Emergency Management E07-349 13. LIMITATION OF AUTHORITY --"Authorized Signature" , Only the assigned Authorized Signature for the Department or the assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized person. 14. CONTRACTOR NOT EMPLOYEE The Contractor, and/or employees or agents performing under this contract are not employees or , agents of the Department in any manner whatsoever The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY Neither this contract, nor any claim arising under this contract, nor the work to be provided under this contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or in part, without the express prior written consent of the other party. Consent shall not be unreasonably withheld. 16 SUBCONTRACTING All subcontracts entered into pursuant to this contract shall incorporate this contract in full by,reference. Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding 18. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract, which can be given effect without the invalid term, condition, or application To this end, the terms and conditions of this contract are declared severable DHS-EMPG-FFY 07 Page 9 of 61 City of Kent Emergency Management E07-349 19 ADVANCE PAYMENTS PROHIBITED I The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract Contractor shall not invoice the Department in advance of delivery of such goods or services. 20 TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor 21 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or amended The Contractor may be required to provide to the Department copies of receipts for any travel related expenses that are authorized under this contract 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. LEGAL RELATIONS Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party 24. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach 1 and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by The Adjutant General or his Authorized Department Representative and attached to the original contract 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above 26 ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs 27 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department determines the Contractor has failed to comply with the conditions of this contract in an acceptable and timely manner, the Department has the right to suspend or terminate this contract The Department shall notify the Contractor in writing of the need to take corrective action DHS-EMPG-FFY 07 Page 10 of 61 City of Kent Emergency Management E07-349 If the default or violation is not corrected after ten (10) days or within a reasonable timeframe as determined by the Department, the contract shall be deemed terminated The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the Department to terminate the contract In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor The rights and remedies of the Department provided for in this clause shall not be ' exclusive and are in addition to any other rights and remedies provided by law The existence of facts upon which The Adjutant General or his Authorized Department Representative makes any determination under this clause shall be an issue that may be reviewed as provided in the "Disputes" clause of this contract The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Contractor (1) was not in default, or (2) failure to perform was outside of their control, fault or negligence The rights and remedies of the Department provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law 28. TERMINATION FOR CONVENIENCE a Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Point of Contact identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date b. Notwithstanding any other provisions of this contract, the Department may, by ten (10) days written notice, beginning on the second day after the mailing of the written notice, terminate this contract, in whole or in part. If this contract is so terminated, the Department shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination (Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, and prohibit the Contractor from incurring additional obligations of funds.) 29. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may terminate the contract immediately upon notification to the Contractor under Item 28 "Termination for Convenience, Section W, without the ten (10) day notice requirement Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. 30. TERMINATION PROCEDURE Upon termination of this contract the Department, in addition to any other rights provided in this contract, may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated The Department shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the Department, and the amount agreed upon by the Contractor and the Department for (i) completed work and services for which no separate price is stated, (n) partially completed work and services, (ni) other property or services which are accepted by the Department, and (iv) the protection and preservation of property, unless the termination is for default, in which case The Adjutant General or his Authorized Department Representative shall determine the extent of the liability of the Department. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. DHS-EMPG-FFY 07 Page 11 of 61 City of Kent Emergency Management E07-349 The Department may withhold from any amounts due the Contractor such sum as The Adjutant I General or his Authorized Department Representative determines to be necessary to protect the Department against potential loss or liability The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract After receipt of a notice of termination, and except as otherwise directed by the Department, the Contractor shall. a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated, C. Assign to the Department, in the manner, at the times, and to the extent directed by The Adjutant General or his Authorized Department Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent The Adjutant General or his Authorized Department Representative may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department, f. Complete performance of such part of the work as shall not have been terminated by the 1 Department; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest AAG Approved 7/20/06 i DHS-EMPG-FFY 07 Page 12 of 61 City of Kent Emergency Management E07-349 Exhibit B Statement of Work FFY 2007 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant monies each year from the Department of Homeland Security (DHS) through the Emergency Management Performance Grant (EMPG) A portion of this grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe that applies and meets the qualifications specified in WAC 118-09 is awarded a grant based on the size of their agency's emergency management operating budget Funds are used by local jurisdictions and tribes to enhance their emergency management capability The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY07 EMPG The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant deliverables during the contract performance period The Budget Sheet outlines the Contractor's emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities In addition, the Budget Sheet is used to announce the FFY07 EMPG award and serves as documentation for the local match to the federal funds. GENERAL PROGRAM REQUIREMENTS: 1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool (https //www reporting odp dhs qov) Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding 2. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract Performance reports will be submitted using the on-line electronic Grant Management System (e-GMS) located at https //fortress wa qov/mil/gms/qms/ 3. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements as set forth in the current edition of the Office of Grant Operations Financial Management Guide found at www dhs qov/xlibrary/assets/Grants FinancialManagementGuide pdf Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent • Adhere to G&T requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' sole source justifications • Adhere to G&T requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' contract 4 Plan and implement equipment purchases, exercises, training, planning and management/ administration in accordance with the FFY07 Emergency Management Performance Grant Program Guidance, which can be found at http //www ojp usdol ov/odp/docs/fy2007empg pdf, as well as all subsequent policy changes 5 Ensure that all sub-contractors are in compliance with the FFY07 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities 6 If purchasing equipment using EMPG funds, the Contractor must meet the following requirements. a Be in compliance with the G&T Authorized Equipment List (AEL), as detailed at http //wwwl.rkbmiptorg/ DHS-EMPG-FFY 07 Page 13 of 61 City of Kent Emergency Management E07-349 b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub- committee on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to G&T if necessary No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained c Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf d. Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make L the purchase(s) The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. 7. Exercises that are implemented with grant funds must meet the requirements of the FFY07 Emergency Management Performance Grant Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 60 days of completion of the exercise Final reimbursement for related expenditures can not be made until this requirement has been met. B. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 9. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online a-GMS located at https //fortress wa qov/mil/qms/qms/ 10. No costs will be paid in advance of their being incurred by the Contractor 11 No equipment costs will be reimbursed until the equipment has been received by the Contractor and invoiced by the vendor. 12 No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http //www gsa qov CONTRACTOR TASKS: 1. Perform activities described in the attached Scope of Work (Attachment A) 2. Manage and administer the FF07 Emergency Management Performance Grant Program. 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks 4. Complete all work under the contract by the contract end date, to include receipt of approved equipment items. 5. Each request for reimbursement will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements " ' THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with G&T where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all documentation of expenditures as required r� DHS-EMPG-FFY 07 Page 14 of 61 City of Kent Emergency Management E07-349 MILESTONE TIMELINE FFY07 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2006 Start of contract performance period January 15, 2007 Submission of Bi-annual Strategy Implementation Report (BSIR) to GRT April 2007 Contract Execution April 30, 2007 Submit first NIMS Compliance Report May 31, 2007 Submission of Performance Report to a-GMS July 15, 2007 Submission of Bi-annual Strategy Implementation Report (BSIR) to GIRT September 30, 2007 Submit NIMS compliance report December 31, 2007 End of grant performance period No later than February 14, 2008 Submit all final reports, requests for reimbursement and/or deliverables r r DHS-EMPG-FFY 07 Page 15 of 61 City of Kent Emergency Management E07-349 Exhibit C Budget Sheet FFY07 Emergency Management Performance Grant Program Contract expenditures shall be documented according to the following categories when appropriate. LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY 2007 Local Funds Budget* Personnel $293,701 96 In-Direct Costs $0 00 Travel $1,079 00 Equipment $0.00 Supplies $19,588 00 jTelephones $6,970 00 Printing $4,461 00 tJaint/Maint $0.00 Auto Lease $0 00 Space Rental $0 00 Insurance $170 00 Subcontractor $2,387 00 Other $34,798 00 Total All Program Costs $363,154 96 _F FFY 07 EMPG Award $61,636.00 The Kent (City of) Emergency Management award is $61,636 This is based on the FFY07 allocation factor of 16 97% of approved local emergency management operating budgets This award will not be used to supplant the existing local funds identified above The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted in a-GMS In addition, the Contractor agrees to make all records available to Military Department staff, upon request A total of 3% of this award can be used to pay for management and administration of this contract. * No federal funds are included in the local emergency management operating budget IFunding Source: Department of Homeland Security- PI# 77314— EMPG DHS-EMPG-FFY 07 Page 16 of 61 City of Kent Emergency Management E07-349 City of Kent Emergency Management Scope of Work Attachment A Communications and Warning - Required Activities 1 Activity#1- Participate in all scheduled National Warning System (NAWAS)tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex All emergency management jurisdictions must be a part of this fan-out Deliverables:❑ Performance Measures: Deadlines: a Ensure jurisdiction is a Success will be measured incorporated into the fan out. ❑OF][] by the jurisdictions incorporation b As scheduled through state lead b. Participate in scheduled tests into the fan out ongoing annually or as required b Success will be measured by the number of tests the jurisdiction participates in on a regular basis. Activity#2 Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your Local Relay Network (LRN) Deliverables: Performance Measures: Deadlines: f a Participate as scheduled. a Success will be measured by the number of scheduled tests the a As scheduled through regional jurisdiction participates in. coordinator ongoing annually or as required Activity#3 Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between the local Emergency Operations Center(EOC) or similar facility and the state EOC Deliverables:. Performance Measures: Deadlines: a Communicate regularly with EMD a Success will be measured by the to retain CMET capability and participate number of tests the jusrisdiction a As schedueled through state in testing as scheduled participates in. lead ongoing annually or as required r r City of Kent Emergency Management DHS-EMPG-FFY07 Page 17 of 61 E07-349 city of Kent tmergency managernent I 2007 Emergency Management Performance Grant Communications and Warning - Required Activities Activity#4 Develop and/or update local plans and equipment for use of amateur radio (HAM bands)through the Radio Amateur Civil Emergency Service (RACES) program and as per the state RACES plan Deliverables: Performance Measures: Deadlines: a Update local plans and equipment a Success will be determined by n/a whether the plans are updated at ' the conclusion of the performance period. Activity#5 Work with the Local Area Emergency Alert System (EAS) Committee (LAECC)to complete an EAS plan and the LRN per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff 1 Deliverables: Performance Measures: Deadlines: a Develop/update an EAS Plan. a Success will be measured by whether the plans are updated at n/a the conclusion of the performance period Activity#6 Notify the state EOC immediately upon activation of your local EOC. Provide periodic(at least once per day) Situation Reports (SITREPs) Deliverables: DPerformance Measures: Deadlines: a Submit a daily Situation Report (SITREP) a Daily Situation Reports are submitted As required due to an activation to the State during an activation to the state EOC during activation of the jurisdiction's EOC Activity#7- Log-in to the State WebEOC system when notified that the state is activated at the Phase III level If the activation and/or exercise affect your jurisdiction remain logged-in and share information to improve response to the event. Note Internet access is the only required capability to complete this activity, purchase of WebEOC is not necessary Deliverables: ❑Performance Measures: Deadlines: a Log-in when notified of a Phase III event. a Successful log-ins for activations and a As required due to a Phase exercises will be recorded within WebEOC. III activation. 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 18 of 61 E07-349 City of Kent Emergency Management Participate once a month in the King County 800 MHz radio test j Deliverables: Performance Measures: Deadlines: a Improved communication capabilities with Communication links can be made and a Monthly partnering agencies in the County government acknowledged and outside of Zone 3 City of Kent Emergency Management DHS-EMPG-FFY07 Page 19 of 61 E07-349 �iiy ui milt mnergency rviandgemem ' Develop and draft local plans and equipment for use of amateur radio (HAM bands)through the Radio Amateur Civil Emergency Service 1 (RACES)program and as per the state RACES plan I 1 Deliverables: Performance Measures: Deadlines: ' a A draft local plan Success will be determined by whether a plan a December 2007 is drafted at the conclusion of the performance period r r City of Kent Emergency Management DHS-EMPG-FFY07 Page 20 of 61 E07-349 City of Kent Emergency Management Establish a new monthly 800 Mhz radio test for King County Zone 3 agencies beginning in January of 2007 To group all agencies into four categories 1 City EM agencies 2 Hospitals and Public Health agencies 3 School Districts 4 Special Purpose Districts and agency liaisons To provide opportunities to train staff on the use of the radios and radio procedures To identify communication gaps and offer a solution to agencies needing a reliable redundant system To allow different agencies to serve as Zone 3 Network Control by rotating net control every quarter of the year Deliverables: Performance Measures: Deadlines: a To test the ability of Zone 3 agencies to Develop a Zone 3 Monthly 800 MHz Radio a Monthly test performed on communicate with each other using the 800 Test Procedure and Log book Encourage all the last Wednesday of each MHz radio system Zone 3 agencies to participate and continue to month at 8 30 am on the KC announce the test through available mediums EM Z3 talkgroup such as emails, meetings, and the Zone 3 Directors Review attendee growth throughout the year r City of Kent Emergency Management DHS-EMPG-FFY07 Page 21 of 61 E07-349 t,ity of Kent tmergency management Conduct monthly citywide 800 Mhz radio tests between the ECC and city DOC The test will be used to verify operational proficiency and the volume and clarity of the the citywide radio system components 1 1 I I i Deliverables: Performance Measures: Deadlines: a Ensure citywide redundant communcation a Maintain a monthly test log a Monthly, the last capabilities are maintained internally between Wednesday of each month at DOC's and the Kent ECC Provide training 8 15 am opportunities to staff who normally do not use the radio on a regular basis City of Kent Emergency Management DHS-EMPG-FFY07 Page 22 of 61 E07-349 i ny of mum rrnergency managemem 2007 Emergency Management Performance Grant Crisis Communication, Public Education and Information Program Deliverable-Required Activity Activity 1 Conduct a public disaster education program for the inhabitants of your community Deliverables:❑ Performance Measures: Deadlines: a Preparedness presentations and a Success will be measured by the b April 2007 distribution of preparedness materials number of presentations provided and to schools, civic groups, business materials distributed ❑G1111 organizations, nursing care facilities, b. Success will be measured through child care facilities, governmental participation in the campaign agencies, hospitals and the general public,❑ and/or❑❑0❑ b. Participate in the April Disaster Preparedness Campaign. City of Kent Emergency Management DHS-EMPG-FFY07 Page 23 of 61 E07-349 l-ity of!cent emergency management 2007 Emergency Management Performance Grant Crisis Communications, Public Education and Information Program Deliverable Additional Activity Develop and produce a monthly EM newsletter for web distribution 1 1 I 1 Deliverables: Performance Measures: Deadlines: a Dissemination of EM information to city Web sites visits as capabilities permit a Monthly through employees, community groups, business December 2007 sector and neighboring neighborhoods on current events and EM related resources and information t � 1 1 r City of Kent Emergency Management DHS-EMPG-FFY07 Page 24 of 61 E07-349 wy ui nern runeiyant,y rvidndyciueni 2007 Emergency Management Performance Grant Crisis Communications, Public Education and Information Program Deliverable Additional Activity Conduct a minimum of 3 C E R T academies To teach the full 7 week long FEMA course using the approved cirriculum Accomodate students from the general citizenry in Kent and Fire District 37,the business community in the greater Kent area, and employees from Kent and Covington If there is room outside agencies may also attend Deliverables: Performance Measures: Deadlines: a Improved employee, business, and citizens Evaluation forms and program growth a Spring and Fall of 2007 capabilities to personally prepare themselves to respond and support their community and first resonders during times of emergency and disasters 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 25 of 61 E07-349 Uty of Kent tmergency management 2007 Emergency Management Performance Grant Casts Communications, Public Education and Information Program Deliverable Additional Activity Conduct a public disaster education program for the community Deliverables: Performance Measures: Deadlines: a Preparedness presentations and distribution Success will be measured by the number of a Ongoing as requested of preparedness materials to schools,civic presentations provided and materials from various community groups, business organizations, nursing care distributed agencies facilities, child care facilities, governmental agencies, hospitals and the general public, r ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 26 of 61 E07-349 t ny of Kent Emergency management 2007 Emergency Management Performance Grant ' Crisis Communications, Public Education and Information Program Deliverable Additional Activity Set up and Staff visual public display booths for large citywide events including Cornucopia Days and Whistle Stop days and hand out training flyers and preparedness information Deliverables: Performance Measures: Deadlines: a Interaction with the citizens, promotion of Handout material distibution and public a July 2007 personal and family safety Promotion of the interaction CERT program and other preparedness classes and opportunities f t i 1 1 ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 27 of 61 E07-349 t ity of Kent tmergency management 2007 Emergency Management Performance Grant IDirection, Control and Warning Program Deliverable-Required Activity Activity 1 Be fully compliant with all federal fiscal year 2007 National Incident Management System (NIMS) compliance requirements by September 30, 2007 For specifics on the NIMS requirements please contact Jim Kadrmas, State NIMS Coordinator, at mmscoordmator@emd wa gov or(253) 512-7027 D Deliverables: Performance Measures: Deadlines: a Report NIMS compliance progress a Success will be measured through a April 30,2007• September 30, through the state online NIMS reporting reports to the State NIMS Coordinator 2007 tool- April 30, 2007, September 30, 2007 and 100% compliance with the federal and as determined by the State NIMS requirements Coordinator NIMS COMPLIANCE QUESTIONS Did your agency submit a final IFFY 2006 NIMS compliance report to the State EMD through the online reporting system by September 30, 2006? Yes Has your agency adopted NIMS? Yes Has your agency made a good faith effort to adopt/implement the FFY 2006 NIMS requirements Yes City of Kent Emergency Management DHS-EMPG-FFY07 Page 213 of 61 E07-349 t,rty of Kent Emergency Management 2007 Emergency Management Performance Grant , Direction Control and Warning Program Deliverable Additional Activity Have an EMD member capable of delivering the ICS 300 and ICS 400 course per county and state ICS training standards Deliverables: Performance Measures: Deadlines: a Complete the ICS 300-400 training Credentialmg or certificate a November 15- 17, 2006 b Complete the 300 400 train the trainer ICS 300 and December 19 course -20, 2006 ICS 400 b January S- 12, 2007 i 1 II 1 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 29 of 61 E07-349 LAY oT rem emergency management 2007 Emergency Management Performance Grant Direction Control and Warning Program Deliverable Additional Activity Install WEB EOC and begin to build onto the incident management software to improve citywide response to large emergencies and disasters To begin transitioning to an electronic based ECC process and start training programs to employees who would need to interface with the program at various levels r r Deliverables: Performance Measures: Deadlines: 1 a Physical purchase of the hardware, Improved management and communications a March 2007 software during large emergencies and disasters b April 2007 b Installation c April 2007 c Initial training to EMD software d May 2007 administrators e June 2007 d Budd boards that mirror ECC processes and navigate through the boards e Test functions during an exercise i r � r r 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 30 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Direction Control and Warning Program Deliverable Additional Activity Provide and take ICS specific training for Planning Section Chief, Situation Unit Leader, and Resource Unit Leader to enhance planning, analysis, and tracking mechanisms for city staff and Zone 3 partnering agencies 1 r r r t Deliverables: Performance Measures: Deadlines: a Arrange for and take the training Credentialing or certificate a February 12- 17, 2007 1 1 1 i r 1 r r City of Kent Emergency Management DHS-EMPG-FFY07 Page 31 of 61 E07-349 t ly of vent emergency Mariagernent 2007 Emergency Management Performance Grant Exercises, Evaluations and Corrective Action Deliverables-Required Activity 1 Participate in the design, conduct and evaluation of either a functional or full-scale exercise Each jurisdiction receiving EMPG funds MUST complete at least one major exercise during the performance period The recommended sequencing is three functional and one full-scale exercise in a four-year period This may be accomplished alone or in conjunction with FEMA, EMD, other public or private entities, or with a neighboring jurisdiction Mere participation, as opposed to active involvement, in an exercise sponsored by some other entity will be insufficient to meet this requirement. ' Active shooter in a school Domestic terrorists take hostages at a school Simulated gunfire, casualties, explosions prompt SWAT, Fire, PIO, EMS, response along with School District Liaison, activation of the ECC and the JIS Mayors Leadership Team will also play Multiple agency involvement with a specific planning component for second operational period AP Deliverables: Performance Measures: Deadlines: I a Submit an After Action Report (AAR) a Success will be measured by and Improvement Plan (IP)to the State the submission of the AAR and IP a Exercise date is June 8, 2007 Exercise Training Officer(ETO)within to the ETO The ETO will issue a AAR/IP to ETO by August 8, 2007 60 days of the completion of the exercise. letter of EMPG credit to the The appropriate format for the AAR and jurisdiction upon approval of the 1 IP can be found in Volumn II of the reports Homeland Security Exercise and Evaluation Program (HSEEP) manuals which can be found at http /lwww ojp usdoj gov/odp/docs/ HSEEPv2 pdf Activity 2 In the event a jurisdiction experiences an actual event that adequately tests overall emergency management capabilities, exercise credit may be requested within 60 days Deliverables: Performance Measures: Deadlines: a Success will be measured by a As necessary, depending a Submit an After Action Report (AAR)and the submission of the AAR and IP depending on actual events Improvement Plan (IP)to the State Exercise to the ETO The ETO will issue a L Training Officer(ETO)within 60 days of the letter of EMPG credit to the jurisdiction event The appropriate format for the AAR upon approval of the reports and IP can be found in Volumn II of the H >� omeland Security Exercise and Evaluation Program (HSEEP) manuals which can be found at http//www ojp usdoj gov/odp/docs/ HSEEPv2 pdf Four Year Exercise Schedule I2007 Full scale 2009 Functional 2008 Functional 2010 Functional ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 32 of 61 E07-349 Uty of Kent tmergency Management 2007 Emergency Management Performance Grant Exercises, Evaluations and Corrective Actions Program Deliverable Additional Activity Participate in functional exercise with King County Zone 1 to measure participant agencies abilities to effectively expand regional collaboration and operate within the King County Regional Disaster Plan for Public and Private Organizations 1 a Deliverables: Performance Measures: Deadlines: r a Expanding communications and Test ECC objectives, ESF-2 and ESF-15 a May 30, 2007 collaborative efforts using the framework of the components RDP t 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 33 of 61 E07-349 airy of nem cmergency mianagemem 2007 Emergency Management Performance Grant Exercises, Evaluations and Corrective Actions Program Deliverable Additional Activity Participate in Regional Pandemic Flu exercise with King County EMD Use of WEB EOC to test City and Zonal response mechanisms and communications 1 Deliverables: Performance Measures: Deadlines: a Enhanced regional communications and Real time information available to all 3 zones a March, 20, 2007 coordination using WEB EOC and Regional on pandemic situation, policy, and coordination Disaster Plan issues 1 i 1 1 it 1 r ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 34 of 61 E07-349 city of Kent Emergency Management 2007 Emergency Management Performance Grant ' Mutual Aid Program Deliverable-Required Activity 1 Review mutual aid agreements, following the guidance set forth in the state Emergency Management Division's Mutual Aid and Inter-local Agreement Handbook.❑ Deliverables: Performance Measures: Deadlines: a Update mutual aid agreements a The success of this activity will be September 2007 r as deemed necessary by the jurisdiction measured by the number of mutual aid agreements that need and receive updating during the performance period 000 r r r r r 1 1 r r City of Kent Emergency Management DHS-EMPG-FFY07 Page 35 of 61 E07-349 ' City of Kent Emergency Management 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity Continue to coordinate COOP plan developement for all city departments, review draft plans and assist with standardizations for essential functions and alternate DOC locations i I 1 1 1 1 Deliverables: Performance Measures: Deadlines: a Identification and plan for the continuity of Test the relocation to alternate facility element a Alt DOC element,April 24, ' esssential city services/functions and to reduce during April earthquake month Drop, Cover 2007 or mitigate social and economic disruptions to and Hold time the citizens and employees of the city of Kent i 1 l i L f ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 36 of 61 E07-349 uity of Kent tmergency Management 2007 Emergency Management Performance Grant ' Planning Program Deliverable-Additional Activity Continue to update the draft Pandemic Flu appendix 1 to ESF-48 of the CEMP , 1 1 Deliverables: Performance Measures: Deadlines- A framework for response should the H5N1 100%completion of draft plan by December NIA virus mutate and cause a pandemic situation 31, 2007 A plan that would incorporate elements of departmental COOP plans as well as community strategies for communications, education, and responsibilities City of Kent Emergency Management DHS-EMPG-FFY07 Page 37 of 61 E07-349 2007 Emergency Management Performance Grant Finance and Administration Program Deliverable-Required Activity 1. Submit reimbursement requests online, ensuring all applicable Office of Management and Budget (OMB) Circulars are complied with Applicants should refer to the Department of Homeland Security, Office of Grants and Training, Financial Management Guide released January 2006 as a reference for financial management and grant administration requirements for EMPG For an electronic copy of this guide please contact the EMPG Program Manager at r sova@emd wa gov.00F1u ' Deliverables: Performance Measures: Deadlines: a. Submit a request for reimbursement a Success will be measured by the a Please indicate how often online using e-GMS A Reimbursement submission of completed Reimbursement reimbursement requests will Spreadsheet showing how the EMPG Spreadsheets be submitted (not more funds were spent must accompany all frequently than monthly) requests for reimbursement Expenditures b. Success will be measured by the inclusion as needed listed on the Reimbursement Spreadsheet in each performance report of a verification cannot be items listed in the 2007 Local statement. Funds Budget portion of the Total Emergency Management Operating Budget in this application b. May 15, 2007 and February 14, 2008. Ib Verify in performance reports that the agency has reviewed and agrees to all relevant State and Federal requirements to include OMB Circulars A-87 (Cost Principles for State, Local and Tribal Governments)and A-133 (Audits of State, Local Governments, and Non-Profit Organizations.) II � DDD s � o ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 38 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant ' Program Management Program Deliverable-Required Activity ' 1. Performance reports and BSIRs are required twice during the contract period. Failure to submit , either type of report may result in cancellation of the contract. Deliverables:❑ Performance Measures: Deadline: , a Performance reports must be a Success is measured by the a May 31, 2007 and submitted online in a-GMS no later than submission of comprehensive February 14, 2008 ❑00❑ , May 31, 2007 and February 14, 2008 performance reports by the deadline. Reports must clearly describe the progress b Success is measured by the b. January 15, 2008 and the recipient is making towards the accurate submission of the June 15, 2008 deliverables described in this application jurisdiction's BSIR through and the contract Scope of Work the on-line system b The Bi-annual Strategy Implementation Report (BSIR) must be submitted through the Dept of Homeland Security on-line Grant Reporting Tool every June and January The website for this tool is https//www reporting odp dhs gov REPORT REQUIREMENT ACKNOWLEDGEMENT❑❑❑❑ Please check this box to certify that your agency has reviewed the above reporting requirements and agrees to comply with them if/when an EMPG contract is awarded r City of Kent Emergency Management DHS-EMPG-FFY07 Page 39 of 61 E07-349 (,ity of Kent emergency Management 2007 Emergency Management Performance Grant Program Management Program Deliverable-Additional Activity 1 Participate in the King County Regional Disaster Planning Task Force Current protects include conversion to NRP format, defining issues related to plan activation,training and exercising the plan and continued growth of signatories 1 ! ! Deliverables- Performance Measures: Deadlines: Regional collaboration to a standard Measure attendance at task force meetings a Meetings occur every two framework for response to a large event or months with planning disaster subcommittee work done in 1 between 1 1 1 1 1 ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 40 of 61 E07-349 uty or Kent tmergency management 2007 Emergency Management Performance Grant , Program Management Program Deliverable-Additional Activity Enhance collaboration in Region 6 Zone 3 through quarterly meeting of the Zone 3 Emergency Management Directors To continue , common methodologies in the four phases of EM Deliverables Performance Measures: Deadlines: a Improved coordination for Zone 3 Continued enhancements to Zone 3 a Quarterly meetings ' junsdictons and agencies Sharing of planning communications, resources and materials Serve as a conduit to Zone 1 and 5 leadership groups to improve collaborative efforts i 1 City of Kent Emergency Management ' DHS-EMPG-FFY07 Page 41 of 61 E07-349 t,ay of Kent tmergency Management 2007 Emergency Management Performance Grant ' Program Management Program Deliverable-Additional Activity Citywide radio system Deliverables: Performance Measures: Deadlines: a Ensure appropriate number of radios are in Radios and support equipment is distributed to a Ongoing monthly service, maintained, and tested the apporpriate locales and bills are paid b Ongoing monthly b Manage monthly access fees to PSAP City of Kent Emergency Management DHS-EMPG-FFY07 Page 42 of 61 E07-349 U¢y or nem Ulty uicrnerye- mm rdyemem 2007 Emergency Management Performance Grant , Program Management Program Deliverable-Additional Activity City Emergency Planning Committee meets to address all four phases of emergency management within the city of Kent Members are ' representatives of individual departments and the meeting activities incorporate training, ECC/DOC interface, and planning elements Deliverables: Performance Measures: Deadlines, a Citywide coordination of EM functions Attendance roster of departmental a February, May,August, ' representation of over 70%or 7 minimum November 2007 City of Kent Emergency Management DHS-EMPG-FFY07 Page 43 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Program Management Program Deliverable-Additional Activity Local Emergency Planning Committee meets twice a year and performs one exercise per year The planning meetings provide information on EPCRA, hazard mitigation, input for informational resources(newsletter,website)and exercise planning and review The LEPC also reviews the local Hazardous Materials Emergency Response Plan (HMERP)on an annual basis sill Deliverables: Performance Measures: Deadlines: ' a LEPC meetings to bring community and a N/A a March 21,2007&October facility folks together to discuss issues related b AAR/IP 17, 2007 to hazardous materials in the city of Kent b 3rd or 4th quarter as ' b Exercise to test the HMERP determined by the LEPC City of Kent Emergency Management DHS-EMPG-FFY07 Page 44 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant ' Program Management Program Deliverable-Additional Activity Continued participation in the King County Emergency Management Advisory Committee, the Region 6 Homeland Security Council and ' the King County Citizen Corps Council Continue implementing the Region 6 Homeland Security Strategic Plan and funding distribution plans , 1 Deliverables: Performance Measures: Deadlines• a Advise policy makers on measures for Measure meeting attendance a Montly meetings on the protecting communitites and enhancing the second Tuesday of each region's response to Homeland Security month concerns and all hazard approaches to the , four phases of emergency management To coordinate with county Citizen Corps Councils and continue the developement of all program elements r City of Kent Emergency Management DHS-EMPG-FFY07 Page 45 of 61 E07-349 l ty of Kent tmergency management 2007 Emergency Management Performance Grant Program Management Program Deliverable-Additional Activity Participate in Region 6 HS training and exercise subcommittee Deliverables: Performance Measures- Deadlines• a Determination of training and exercise Successful completion of identified training and a Monthly meeting priorities and funding allocations exercises City of Kent Emergency Management DHS-EMPG-FFY07 Page 46 of 61 E07-349 uny or vent emergency management 2007 Emergency Management Performance Grant ' Hazard Identification, Risk Assessment and Impact Analysis Program Deliverables ' Coordinate with community development to monitor high risk or high hazard occupancy growth within the city Deliverables: Performance Measures: Deadlines: a Identification of hazardous or potentially Contact with identified occupancies that a December 2007 , hazardous occupancies establishing fall in the parameters of risk themselves in the city r City of Kent Emergency Management DHS-EMPG-FFY07 Page 47 of 61 E07-349 uty of Kent tmergency Management ' 2007 Emergency Management Performance Grant ' Hazard Identification, Risk Assessment and Impact Analysis Program Deliverables Map identified hazards through available GIS or other visual display products 1 1 Deliverables: Performance Measures: Deadlines: a Visual displays for ECC,training, and other Maps are created and maintained a December 2007 purposes 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 48 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant ' Laws and Authorities Program Deliverables Review laws and authorities involving emergency worker statutes during disaster response 1 Deliverables: Performance Measures: Deadlines: a Clarification and understanding of legal Update emergency worker program a 4th quarter 2007 ' authorities governing local EM disaster workers 1 t City of Kent Emergency Management DHS-EMPG-FFY07 Page 49 of 61 E07-349 airy or nem emergency ivianagemeni 2007 Emergency Management Performance Grant Logistics and Facilities Program Deliverables Improve the portability of communication equipment f Deliverables: Performance Measures: Deadlines: a The ability to move, relocate, or reassign The ability to safely package and a 4th quarter 2007 communication elements to alternate facility, transport communications equipment or secondary location t ' City of Kent Emergency Management DHS-EMPG-FFY07 Page 50 of 61 E07-349 Uty of Kent tmergency m4negement 2007 Emergency Management Performance Grant Logistics and Facilities Program Deliverables Review documentation proccesses for clarity, efficiency, and portability Deliverables: Performance Measures: Deadlines: a Improvement to documentation and Improved documentation methodology a 3rd Quarter 2007 portablility capabilities resulting in ease of relocating to alternate sites and improved visibilty of documented disaster activities City of Kent Emergency Management , DHS-EMPG-FFY07 Page 51 of 61 E07-349 City of Kent tmergency Management 2007 Emergency Management Performance Grant Logistics and Facilities Program Deliverables Evaluate visual display elements to incorporate the addition of WEB EOC r Deliverables: Performance Measures: Deadlines: a Enhanced and consistent visual display's Feedback from ECC and WEB EOC a 3rd Quarter 2007 throughout the ECC campus users from drills and exercises City of Kent Emergency Management DHS-EMPG-FFY07 Page 52 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Logistics and Facilities Program Deliverables Perform monthly ECC in service days to test systems Deliverables: Performance Measures: Deadlines: a All systems such as electronic, displays, Improved functional capabilities and a Monthly test forms, and other material required for proccesses to be noted in monthly activation are checked and tested documentation records City of Kent Emergency Management DHS-EMPG-FFY07 Page 53 of 61 E07-349 city of rent cmergency management 2007 Emergency Management Performance Grant Operations and Procedures Program Deliverables Review ECC operational protocols and readiness activities as it relates to NIMS Deliverables: Performance Measures: Deadlines: a Identify any gaps that require adjustments, Meets the NIMS standards a 4th quarter 2007 training, or equipment needs 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 54 of 61 E07-349 Uity or rent tmergency Management 2007 Emergency Management Performance Grant Operations and Procedures Program Deliverables Improve or enhance post disaster area survey and damage assessment capability I i Deliverables: Performance Measures: Deadlines: a Better information gathering and Through feedback from training and 3rd quarter 2007 priontization of disaster response drills b User friendly tools, checklist, and equipment for survey teams City of Kent Emergency Management DHS-EMPG-FFY07 Page 55 of 61 E07-349 ICity of Kent Emergency Management 2007 Emergency Management Performance Grant Resource Management Program Deliverables Research and develop pre disaster and just in time contracts that can be used during disasters i � i i i Deliverables: Performance Measures: Deadlines: a A draft suite of contracts to be reveiwed by Contracts get approved and added to a 4th quarter 2007 city legal logistics City of Kent Emergency Management DHS-EMPG-FFY07 Page 56 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Resource Management Program Deliverables Work with State EMD to evaluate the CPOD system Create a workgroup from the EPC to review population density's, suggested site locations, and volunteer resources I Deliverables: Performance Measures: Deadlines: a Identify area groups and sites for Create a map of suggested locations a 4th quarter 2007 establishing CPOD's in Kent and types of CPOD's i i 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 57 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Training Program Deliverables Attend Partners in Preparedness conference i Deliverables: Performance Measures: Deadlines• a Enhance knowledge base, improved New partnerships developed and a April 10-11, 2007 regional cooperation,and planning resources greater awareness of EM functions and area initiatives i tCity of Kent Emergency Management DHS-EMPG-FFY07 Page 58 of 61 E07-349 Wny of vent emergency management 2007 Emergency Management Performance Grant Training Program Deliverables Attend the 2007 LEPC conference Deliverables- Performance Measures: Deadlines: a Networking and idea sharing from other N/A May 14- 16, 2007 LEPC organizations i 1 City of Kent Emergency Management DHS-EMPG-FFY07 Page 59 of 61 E07-349 Uuy m nevi cnmryenc.y rvidndyenient 2007 Emergency Management Performance Grant Training Program Deliverables Research, attend and participate in various training seminars, events, organizations,classes,and other forums to enhance the professional development of EMD staff and others with EM specific tob functions during a disaster Deliverables: Performance Measures: Deadlines: a Increased proficiency and knowledge base Training certificates from course a Ongoing as events occur or of staff attendance training is offered i i City of Kent Emergency Management DHS-EMPG-FFY07 Page 60 of 61 E07-349 City of Kent Emergency Management 2007 Emergency Management Performance Grant Training Program Deliverables Host ICS 300 and ICS 400 for command staff Deliverables: Performance Measures: Deadlines: a NIMS compliance and improved capabilities Training Certificates Train 50 staff a May 2007, June 2007 for ICS of command staff 300, 3rd quarter for ICS 400 City of Kent Emergency Management DHS-EMPG-FFY07 Page 61 of 61 E07-349 1 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: PREMERA BLUE CROSS CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, authorize the Mayor to sign the Premera Blue Cross 2007 administrative contract. The City is self-insured for this program. The 2007 contract reflects a 10% increase in administrative fees by Premera Blue Cross and is budgeted in the Health & Welfare fund. The annual cost is approximately $647,345. The projected budget for the self- insured Premera Blue Cross program, including claims for 2007, is $9,794,135. 3. EXHIBITS: Premera Blue Cross 2007 Administrative Services Contract 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X 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 Item No. 6F ADMINISTRATIVE SERVICE CONTRACT BETWEEN PREMERA BLUE CROSS AND CITY OF KENT EFFECTIVE JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 (The "Contract Period") This Contract is effective by and between the group named above (hereinafter referred to as the "Plan Sponsor"), and Premera Blue Cross (hereinafter referred to as the "Claims Administrator" or"we," "us," or"our') WHEREAS, the Plan Sponsor has established an employee benefit plan (hereinafter referred to as the "Plan")which provides for payment of certain welfare benefits to and for certain eligible individuals as defined in writing by the Plan Sponsor, such individuals being hereinafter referred to as "Members", and, WHEREAS, the Plan Sponsor has chosen to self-insure the benefit program(s) provided under the Plan, and WHEREAS, the Plan Sponsor desires to engage the services of the Claims Administrator to provide administrative services for the Plan, NOW THEREFORE, in consideration of the mutual covenants and conditions as contained herein the parties hereto agree to the provisions in this Contract, including any Attachments and endorsements thereto The parties below have signed as duly authorized officers and have hereby executed this Contract If this Contract is not signed and returned to the Claims Administrator within sixty (60) days of its delivery to the Plan Sponsor or its agent, the Claims Administrator will assume the Plan Sponsor's concurrence and the Plan Sponsor will be bound by its terms IN WITNESS WHEREOF the parties hereto sign their names as duly authorized officers and have executed this Contract CITY OF KENT BY. DATE- Title ADDRESS IPREMERA BLUE CROSS BY. DATE- May 18, 2007 H.R. Brereton Barlow President and Chief Executive Officer P O Box 327 Seattle, WA 98111-0327 TABLE OF CONTENTS 1. DEFINITIONS.............................................................................................................................1 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR............................................1 2.1 Documentation ........... . . . 1 22. Plan Sponsor's Fiduciary Authority ...... . .. .... . ... .. ........................ . 1 23 Defense of the Plan. . .... . .......... ..... .......... ........... ........ . . . .............. . . . ...... 1 24 Administrative Duties ...... . ......1 25 Taxes, Assessments, and Fees . . ...... ............... ..... ........... ...... ....... . .2 2 6 Compliance With Law . . ..... . ............ ..2 I2.7 Appeals. . . . .. . ....... ........... . . ........ . 2 2 8 Funding ....... ..... ........2 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR............................3 3 1 Administrative Duties ..... ..... . . ..... ....... .. .3 3 2 Appeals ....I... .. . . . . . . . ..... .... . .3 3 3 Claims Processing........ ... .. . .... . 3 34 Funding Support . .... ...... ..... .. . ......... ... .... . . . . ...... .................... ......... . . . 4 I 3 5 Annual Accounting . . . . ...... .. . ............ .... ... 4 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY......................................4 41 Recoveries .... ..... ............. . . . 4 4 2 Independent Contractor... .......................... . . . ....... 4 4 3 Limits of Liability ... .. ... ......4 5. FEES OF THE CLAI MS ADMINISTRATOR.............................................................................4 5 1 Payment Time Limits 5 2 Late Payments . . . . . ...... .. . . ........ ...... . .... . ......... .. .. . ....5 5 3 Customization Fees ........... . . .... 5 6. AUDIT .........................................................................................................................................5 7. SUBROGATION ........................................................................................................................5 8. TERM OF CONTRACT.............................................................................................................6 8 1 Contract Period ......... . ............... .. .. . . . . . . . . . ........ ...................... . .. .... 6 8 2 Changes to Fees . ........ . . . .. . ... . ...........6 9. TERMINATION ..........................................................................................................................6 1 9 1 Termination With Notice . . .. . .. ............ .. ... . ... .. . . ..................6 9 2 Contract Period Expiration ..... .6 9.3. Termination Due to Insolvency ............... ..........6 9 4 Termination Due to Inability to Perform . . ....... . ..... . ..... 7 9.5. Termination For Nonpayment . ... ............................ . . ......... .............................................7 9 6 Plan Sponsor Liability Upon Termination 7 9 7. Final Accounting .7 9 8 Claims Runout ..7 10. DISCLOSURE..........................................................................................................................8 11. OTHER PROVISIONS.............................................................................................................8 11.1. Choice of Law......... 8 112 Trademarks ....... . . .............. . ........... ... ............. ... ..........8 11 3 Parties To The Contract. .. ..... . ....... ..... ..... 8 11 4. Notice ............ .. ... ..... 8 11.5 Integration. . . . .. ... ........ . . ..... . . ..... ...... 8 116 Assignment 8 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT...............................9 ATTACHMENT A — BLUECARD® PROGRAM ..........................................................................10 Liability Calculation Method Per Claim 10 BlueCard Worldwide® .. . .......... .. . . . . . 11 BlueCard Fees and Compensation -Overview 11 Access Fees .. .. .. . . ........ . . 11 How Access Fees Affect The Plan .. ....... ....... 11 ATTACHMENT B —CENSUS INFORMATION...........................................................................12 ATTACHMENT C— REPORTING...............................................................................................13 ATTACHMENT D — FEES OF THE CLAIMS ADMINISTRATOR..............................................14 Administration Fees* . . ... 14 Brokerage Fees and Commissions (included in Administration Fee) . . . .. ............... 14 Additional Fees ... 1 14 Claims Runout Processing Fee .. .. 14 BlueCard Fees . . .. . ........ .... ............14 Care Facilitation ........ . ...... . .... . . . ... . . ........ 14 ATTACHMENT E— BUSINESS ASSOCIATE AGREEMENT....................................................16 ATTACHMENT F—CARE FACILITATION..................................................................................17 ATTACHMENT G—RIGHT OF CONVERSION.........................................................................18 Responsibilities of the Claims Administrator . . . . 18 Compensation.................. . . . . . . ...... . ....... . ................ .. 18 r r r 1 . DEFINITIONS Adverse Benefit Determination Any of the following a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part)for, a benefit, including payment that is based on a determination of the eligibility of a Member to participate in the Plan This includes any denials, reductions, or failures to provide or make payment resulting from the application of utilization review or limitations on experimental and investigational services, medical necessity, or appropriateness of care I Contract Period The period shown on the Face Page of this Contract The Contract Period begins at 12 01 a m on the starting date shown on the Face Page and ends at midnight on the ending date shown on the Face Page Effective Date The date this Contract takes effect (the first day of the Contract Period) The Effective Date is shown on the Face Page of this Contract Plan The employee benefit plan established and maintained by the Plan Sponsor that is being administered under this Contract Member A Subscriber or dependent who is eligible for coverage as stated in the Plan and who is enrolled as required in the Plan Subscriber A person who is eligible for coverage under the plan by virtue of an employee-employer relationship or other relationship between the person and the Plan Sponsor, and who is enrolled as required in the Plan. j 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR 2.1. Documentation The Plan Sponsor shall provide the Claims Administrator with a copy of any documents describing the benefit program(s)that the Claims Administrator needs to rely upon in performing its responsibilities under this Contract 2.2. Plan Sponsor's Fiduciary Authority The Plan Sponsor shall have final discretionary authority to determine the benefit provisions and to construe and interpret the terms of the Plan The Plan Sponsor shall have final discretionary authority to determine eligibility for benefits and the amount to be paid by the Plan 2.3. Defense of the Plan The Plan Sponsor shall be responsible for defending any legal action brought against the Plan, including a claim for benefits by or on behalf of any individual or entity, including but not limited to any Member or former Member, any fiduciary or other party This responsibility includes the selection and payment of counsel The Plan Sponsor shall not settle any legal action or claim without the prior consent of the Claims Administrator if the action or claim could result in the Claims Administrator being liable, including for example, any liability for contribution to or Iindemnification of the Plan Sponsor or other third party either directly or indirectly 2.4. Administrative Duties Unless specifically delegated to the Claims Administrator by this Contract, the Plan Sponsor shall be responsible for the proper administration of the Plan including the following. 1 a The Plan Sponsor shall provide the Claims Administrator a complete and accurate list of all individuals eligible for benefits under the benefit program(s) and to update those lists monthly The Claims Administrator shall be entitled to rely on the most recent list until it receives documentation of any change thereto 7486T 1 b The Plan Sponsor shall distribute to all eligible Members all appropriate and necessary materials and documents, including but not limited to benefit program booklets, summary plan descriptions, material modifications, enrollment applications and notices required by law or that are necessary for the operation of the Plan c The Plan Sponsor shall provide the Claims Administrator with any additional information necessary to perform its functions under this Contract as may be requested by the Claims Administrator from time to time d If the Plan Sponsor writes or revises its benefit booklet, the Claims Administrator must review and approve in i advance the draft of the benefit booklet that is printed and distributed to Members 2.5. Taxes, Assessments, and Fees The Plan Sponsor shall be responsible for all taxes, assessments and fees levied by any local, state or federal authority in connection with the Claims Administrator's duties pursuant to this Contract 2.6. Compliance With Law • The Plan Sponsor shall be responsible for the Plan's continuing compliance with all applicable federal, state and local laws and regulations, as currently amended These include but are not limited to • The Internal Revenue Code • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) • The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) • The Balanced Budget Act of 1997 The Plan Sponsor, and not the Claims Administrator, is the "plan administrator" and the "plan sponsor"for purposes of all federal laws that apply to the Plan Sponsor and impose duties or obligations on such entities The Plan Sponsor shall be responsible for determining whether it is subject to COBRA and, if so, for notifying Members of their COBRA rights both initially and upon the occurrence of a qualifying event, for calculating and collecting premiums for COBRA continuation of coverage and for promptly notifying the Claims Administrator when an individual is no longer eligible for COBRA continuation of coverage If the Plan Sponsor is subject to ERISA, the Plan Sponsor is responsible to prepare and maintain its ERISA plan document • If the Plan Sponsor elects to opt out of compliance with certain federal mandates as allowed by HIPAA, the Plan Sponsor is responsible to file its opt-out with federal regulators for each contract period and to notify Members of the opt-out in accordance with federal law and regulations then in effect The Plan Sponsor agrees to hold the Claims Administrator and the Network harmless for any and all consequences arising from the Plan Sponsor's failure to file an opt-out as required by law for a given contract period, errors in the opt-out filing, or failure to notify a Member as required by federal law 2.7. Appeals If an adverse decision is made in the Claims Administrator's second level of review, the Plan Sponsor shall offer the Member a review by an Independent Review Organization (IRO) The Plan Sponsor shall pay all costs of the IRO review 2.8. Funding The Plan Sponsor shall be solely liable for all benefits payable to members under the Plan that are adjudicated by the Claims Administrator The Plan Sponsor agrees to the following a Provision Of Funds The Plan Sponsor shall maintain adequate funds from which the total cost of all claims for each preceding week will be paid to the Claims Administrator by wire transfer Funds must be provided within forty-eight (48) hours of phone notification by the Claims Administrator to a person designated by the Plan Sponsor b Late Payments If timely payment for the claims is not received by the Claims Administrator, the Plan Sponsor shall pay the Claims Administrator a daily late charge This late charge is calculated from the first 7486T 2 day following the forty-eight(48) hour period stated above This late charge is based on the average monthly prime rate posted by Bank of America/Nations Bank during the Contract Period, plus two (2) percent on the amount of the late payments for the number of days late Late charges are due at the end of the Contract Period as part of the annual accounting or, if earlier, upon termination of the Contract c. Notices Notices required by this subsection and subsection 3 4 shall be by fax, e-mail, or telephone, as agreed upon in writing by the Plan Sponsor and the Claims Administrator 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR 3.1. Administrative Duties The Claims Administrator agrees to perform the following administrative services for the Plan Sponsor The Claims Administrator shall a. assist in the preparation and printing of the benefit program booklets, identification cards, and other materials necessary for the operation of the Plan, and distribute identification cards to Members, b perform reasonable internal audits as stated in section 6 of this Contract , c answer inquiries from the Plan Sponsor, Members, and service providers regarding the terms of the Plan, although final authority for construing the terms of the Plan's eligibility and benefit provisions is the Plan Sponsor's, d. prepare and provide the Plan Sponsor with reports of the operations of the Plan in accordance with I "Attachment C — Reporting", e coordinate with any stop-loss insurance carrier, f when "preferred provider"or"network provider" benefits are provided, maintain a network of hospital and professional providers, paid claims will reflect any negotiated provider discounts, g. perform care facilitation services as identified in "Attachment F —Care Facilitation " h provide a Certificate of Group Health Coverage to Members when their coverage under this Plan terminates or upon their request within 24 months of termination In the event the Claims Administrator does not have adequate information to complete the Certificate, the Plan Sponsor will be responsible for completing the 1 missing information on the Certificate and forwarding it to the Member 3.2. Appeals a The Claims Administrator shall review and respond to the initial appeals of Adverse Benefit Determinations (see section 1) as described in the benefit booklet provided by the Claims Administrator for this Plan b The Claims Administrator shall also provide a second review of adverse appeal decisions made after its 1 initial review This review will be conducted as described in the benefit booklet provided by the Claims Administrator for this Plan c If an adverse decision is made in the Claims Administrator's second level of review, the Claims Administrator also agrees to facilitate a review of the appeal by an Independent Review Organization (IRO)on behalf of the Plan Sponsor The Claims Administrator will submit all documentation regarding the appeal to the IRO and work with the IRO as needed to complete its review The Claims administrator shall pass all costs of the IRO review on to the Plan Sponsor 3.3. Claims Processing The Claims Administrator shall process all eligible claims incurred after the Effective Date of this Contract which are properly submitted in accordance with the procedures set forth in the Plan Sponsor's benefit booklet The Claims Administrator shall make reasonable efforts to determine that a claim is covered under the terms of the Plan as described in the benefit booklet, to apply the coordination of benefits provisions, identify subrogation claims, and make reasonable efforts to recover subrogated amounts administratively as stated in section 7 of this Contract, and prepare and distribute benefit payments to Members and/or service providers 7486T 3 3.4. Funding Support The Claims Administrator shall follow the steps below to facilitate the Plan Sponsor's funding of its Plan a Claim payment checks will be issued on the Claims Administrator's check stock However, as stated in subsection 2 8 above, the responsibility for funding benefits is the Plan Sponsor's and the Claims Administrator is not acting as an insurer b The Claims Administrator shall notify the Plan Sponsor weekly by telephone or electronic medium of the amount due for the prior week's claims 3.5. Annual Accounting Within 120 days of the end of the Contract Period, we shall perform an annual accounting of claims activity and report to the Plan Sponsor 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY It is recognized and understood by the Plan Sponsor that the Claims Administrator is not an insurer and that the Claims Administrator's sole function is to provide claims administration services and the Claims Administrator shall have no liability for the funding of benefits The Claims Administrator is empowered to act on behalf of the Plan Sponsor in connection with the Plan only as expressly stated in this Contract or as mutually agreed to in writing by the Claims Administrator and the Plan Sponsor This Contract is between the Claims Administrator and the Plan Sponsor and does not create any legal relationship between the Claims Administrator and any Member or any other individual 4.1. Recoveries If, during the course of an audit performed internally by the Claims Administrator as described in subsection 3 1.b. above or by the Plan Sponsor pursuant to section 6 below, any error is discovered, the Claims Administrator shall use reasonable efforts to recover any loss resulting from such error The Plan Sponsor does not cover Foot Orthotics for any diagnosis, which includes but is not limited to diabetes or corrective purposes The Claims Administrator agrees to reimburse the Plan Sponsor any Foot Orthotics claim payment made in error throughout the duration of this agreement unless such payment is recovered as stated in this subsection 4 1 4.2. Independent Contractor The Claims Administrator is an independent contractor with respect to the services being performed pursuant to this Contract and shall not for any purpose be deemed an employee of the Plan Sponsor 4.3. Limits of Liability It is recognized by the parties that errors may occur and it is agreed that the Claims Administrator will not be held liable for such errors unless they resulted from its gross negligence or willful misconduct The Plan Sponsor agrees to defend, indemnify, and hold harmless the Claims Administrator from all claims, damages, liabilities, losses, and expenses arising out of the Claims Administrator's performance of administration services under the terms of this Contract, so long as they did not arise out of the Claims Administrator's gross negligence or willful misconduct 5. FEES OF THE CLAIMS ADMINISTRATOR 5.1. Payment Time Limits By the first of each month, The Plan Sponsor shall pay the Claims Administrator in accordance with the fee schedule set forth in "Attachment D — Fees Of The Claims Administrator" that is incorporated herein by reference 7486T 4 5.2. Late Payments a If, for any reason whatsoever, the Plan Sponsor fails to make a timely payment required under this Contract by the tenth day of the month in which payment is due, the Claims Administrator may suspend performance of services to the Plan Sponsor, including processing and payment of claims, until such time as the Plan Sponsor makes the required payment, including interest as set forth in b below b. In the event of late payment, the Claims Administrator may terminate this Contract pursuant to subsection 9 5 below Acceptance of late payments by the Claims Administrator shall not constitute a waiver of its right to cancel this Contract due to delinquent or nonpayment of fees c The Claims Administrator will charge interest to the Plan Sponsor on all payments received after the tenth ' day of the month in which they are due, including amounts paid to reinstate this Contract after termination pursuant to subsection 9 5 below, at the average prime rate posted by Bank of America/Nations Bank during the Contract Period plus two (2) percent on the amount of the late payments for the number of days late Interest will be in addition to any other amounts payable under this Contract 5.3. Customization Fees The Plan Sponsor shall pay the Claims Administrator a "customization fee"when the Plan Sponsor requests either of the following a A plan benefit configuration that the Claims Administrator has not determined to be standard for the plan type Customization fees for nonstandard plan benefits assessed at this Contract's Effective Date are listed in "Attachment D — Fees Of The Claims Administrator" b An off-anniversary benefit change, regardless of whether the desired benefit is standard for the plan type The customization fee for each off-anniversary change shall be $2,000 Customization fees for off- anniversary changes shall be invoiced separately to the Plan Sponsor For purposes of customization fees, "benefits" include eligibility, termination, continuation and benefit payment provisions, benefit terms, limitations, and exclusions, funding arrangement changes, and any other standard provisions of the Plan Fees are computed based on current administrative costs to implement and administer the benefit. Customization fees for custom benefits that take effect on the Effective Date shown on the Face Page of this Contract are due and payable prior to that Effective Date Customization fees for off-anniversary benefit changes are due and payable prior to the effective date of the change 6. AUDIT Within thirty(30) days of written notice from the Plan Sponsor, the Claims Administrator shall allow an authorized agent of the Plan Sponsor to inspect or audit all records and files maintained by the Claims Administrator which are directly pertinent to the administration of the Plan for the current or most recently ended contract period Such documents shall be made available at the administrative office of the Claims Administrator during normal business hours The Plan Sponsor shall be liable for any and all fees charged by the auditor All audits shall be subject to the Claims Administrator's audit policies and procedures then in effect To the extent that the Plan Sponsor requests data and reports that are beyond the scope of the Claim Administrator's audit policies and procedures, the Plan Sponsor shall reimburse the Claims Administrator for the additional administrative costs incurred in producing such data and reports Any agent or auditor who has access to the records and files maintained by the Claims Administrator shall agree not to disclose any proprietary or confidential information used in the business of the Claims Administrator 7. SUBROGATION The Claims Administrator shall make reasonable efforts to pursue subrogation claims administratively on behalf of the Plan However, the Claims Administrator shall have no affirmative duty to pursue subrogation claims beyond 7486T 5 those specified in subsection 3 3 above The Plan Sponsor shall have the sole discretion to bring any legal claim or ' action to enforce the Plan's subrogation provisions The Claims Administrator will cooperate with the Plan Sponsor in the event the Plan Sponsor brings any legal action to enforce the subrogation provisions of the Plan Any costs and attorneys' fees incurred in pursuing such subrogation claims shall be the responsibility of the Plan Sponsor 8. TERM OF CONTRACT 8.1. Contract Period The term of this Contract shall be the Contract Period shown on the Face Page of this Contract. , Except as stated otherwise in subsection 9 3 below, the terms and conditions of this Contract and the fee schedule set forth in are established for the Contract Period 8.2. Changes to Fees The Plan Sponsor acknowledges that the fee schedule set forth in "Attachment D — Fees Of The Claims Administrator" and the services provided for in this Contract are based upon the terms of the Plan and the enrollment as they exist on the Effective Date of this Contract Any substantial changes, whether required by law or otherwise, in the terms and provisions of the Plan or in enrollment may require that the Claims Administrator incur additional expenses The parties agree that any substantial change, as determined by the Claims Administrator, shall result in the alteration of the fee schedule, even if the alteration is during the Contract Period The phrase "any substantial change" shall include, but not be limited to a a fluctuation of ten (10) percent or more in the number of Members as set forth on the census information included in "Attachment B —Census Information" which is herein incorporated by reference and made a part of this Contract, b the addition of benefit program(s) or any change in the terms of the Plan's eligibility rules, benefit provisions or record keeping rules that would increase administration costs by more than $10,000, c any change in claims administrative services, benefits or eligibility required by law that would increase administration costs by more than $10,000, d any change in administrative procedures from those in force at the inception of this Contract that is agreed upon by the parties, e any additional services which the Claims Administrator undertakes to perform at the request of the Plan Sponsor which are not specified in this Contract such as the handling of mailings or preparation of statistical reports and surveys not specified in the Claims Administrator's standard Employer Group Reporting set 9. TERMINATION 9.1. Termination With Notice The Plan Sponsor may terminate this Contract at any time by giving the Claims Administrator thirty (30) days written notice 9.2. Contract Period Expiration This Contract will terminate on the last day of the Contract Period or the last day of any extension of the Contract Period granted by the Plan Administrator 9.3. Termination Due to Insolvency Either party may terminate this Contract effective immediately by giving written notice to the other if a party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether foreign or domestic A party is insolvent if it has ceased to pay its debts in 7486T 6 the ordinary course of business, cannot pay its debts as they become due, or the sum of its debts is greater than the value of its property at a fair valuation 9.4. Termination Due to Inability to Perform If loss of services is caused by, or either party is unable to perform any of its obligations under this Contract, or to enjoy any of its benefits because of natural disaster, action or decrees of governmental bodies or communication failure not the fault of the affected party, such loss or inability to perform shall not be deemed a breach The party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance Upon receipt of such notice, all obligations under this Contract shall be immediately suspended If the period of nonperformance exceeds thirty (30)days from the receipt of such notice, the party whose performance has ' not been so affected may, as its sole remedy, terminate this Contract by written notice to the other party effective immediately In the event of such termination, the Plan Sponsor shall remain liable to the Claims Administrator for all payments due, together with interest thereon as provided for in subsection 5 2 c above. 9.5. Termination For Nonpayment The Claims Administrator may, at its sole discretion, terminate this Contract if the period of nonpayment exceeds thirty (30) days from the date the payment becomes delinquent as outline in section 5 2 c i9.6. Plan Sponsor Liability Upon Termination In the event this Contract is terminated prior to the end of the Contract Period, the Plan Sponsor shall remain liable to the Claims Administrator for all delinquent sums together with interest thereon as provided for in subsection 5 2 c. above Furthermore, the Claims Administrator will have incurred fixed costs which, but for the termination, would have been recouped over the course of the Contract Period Therefore, in the event that the Contract terminates pursuant to subsections 9 1 or 9 5 above, the Plan Sponsor shall also pay the Claims Administrator as liquidated damages, and not as a penalty, an amount equal to two (2) months administration fees This monthly fee shall be determined by multiplying the rate set forth in "Attachment D — Fees Of The Claims Administrator," multiplied by the average number of Members covered by the Plan for the immediately preceding six (6) month period or such shorter period if this Contract has not been in effect for a period of six (6) months The Plan Sponsor shall remain liable for claims incurred during the Contract Period but not paid during the Contract Period and for the claims run-out processing fee set forth in the "Fees Of The Claims Administrator" attachment 9.7. Final Accounting Within one hundred twenty (120) days of termination by either party, the Claims Administrator shall deliver to the Plan Sponsor an interim accounting Within fifteen (15) months of termination the Claims Administrator shall deliver to the Plan Sponsor a complete and final accounting of the status of the Plan At the expense of the Plan Sponsor, the Claims Administrator shall make available a record of deductibles and coinsurance levels for each Member and deliver this information to the Plan Sponsor or its authorized agent 9.8. Claims Runout The Plan Sponsor continues to be solely liable for claims received by the Claims Administrator after the Contract terminates For the fifteen (15)-month period following termination of this Contract, the Claims Administrator shall continue to process eligible claims incurred prior to termination, or adjustments to claims incurred prior to termination, that the Claims Administrator receives no more than twelve (12) months after the date of termination at the claims run-out processing fee rate set forth in "Attachment D — Fees Of The Claims Administrator " If the Claims Administrator receives claims for Plan benefits more than twelve (12) months after the date this Contract terminates, Claims Administrator shall return those claims to the Plan Sponsor If the Plan Sponsor wants to negotiate a different arrangement or have the claims sent to a different address, the Plan Sponsor must contact the Claims Administrator no later than the start of the fourteenth month after the date this Contract terminates This "Claims Runout" provision shall survive termination of this Contract. 7486T 7 1 10. DISCLOSURE , It is recognized and understood by the Plan Sponsor that the Claims Administrator is subject to all laws and regulations applicable to Claims Administrators and health care service contractors It is also recognized and understood by the Plan Sponsor that the Claims Administrator is not acting as an insurer and also is not providing stop-loss insurance 11 . OTHER PROVISIONS 11.1. Choice of Law r The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the state of Washington, unless federal law applies Any and all disputes concerning this Contract shall be resolved in King County Superior Court or federal court as appropriate 11.2. Trademarks The Claims Administrator reserves the right to, the control of, and the use of the words "Premera Blue Cross", "MSC Incorporated as Premera Blue Cross" and all symbols, trademarks and service marks existing or hereafter established The Plan Sponsor shall not use such words, symbols, trademarks or service marks in advertising, promotional materials, materials supplied to Members or otherwise without the Claims Administrator's prior written consent which shall not be unreasonably withheld 11.3. Parties To The Contract The Plan Sponsor hereby expressly acknowledges, on behalf of itself and all of its Members, its understanding that this Administrative Service Contract constitutes a Contract solely between the Plan Sponsor and the Claims Administrator, that the Claims Administrator is an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the "Association") permitting the Claims Administrator to use the Blue Cross Service Mark in the States of Washington and Alaska, and that the Claims Administrator is not contracting as the agent of the Association The Plan Sponsor further acknowledges and agrees that it has not entered into this Administrative Service Contract based upon representations by any person other than the Claims Administrator, and that no person, entity or organization other than the Claims Administrator shall be held accountable or liable to the Plan Sponsor for any of the Claims Administrator's obligations to the Plan Sponsor created under this Administrative Service Contract This provision shall not create any additional obligations whatsoever on the Claims Administrator's part other than those obligations created under other provisions of this Administrative Service Contract 11.4. Notice Except for the notice given pursuant to the"Funding" subsection of section 2, any notice required or permitted to be given by this Contract shall be in writing and shall be deemed delivered three (3) days after deposit in the United States mail, postage fully prepaid, return receipt requested, and addressed to the other party at the address 11.5. Integration This Contract, including any appendices or attachments incorporated herein by reference, embodies the entire Contract and understanding of the parties and supersedes all prior oral and written communications between them. Only a writing signed by both parties hereto hereof may modify the terms 11.6. Assignment Neither party shall assign this Contract or any of its duties or responsibilities hereunder without the prior written approval of the other 7486T 8 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT The following attach to and become part of the body of this Contract and they are herein incorporated by reference I ATTACHMENT A — BLUECARD® PROGRAM ATTACHMENT B — CENSUS INFORMATION ATTACHMENT C — REPORTING I ATTACHMENT D — FEES OF THE CLAIMS ADMINISTRATOR ATTACHMENT E —BUSINESS ASSOCIATE AGREEMENT ATTACHMENT F—CARE FACILITATION ' ATTACHMENT G — RIGHT OF CONVERSION ATTACHMENT H— EXTENDED POST-PAYMENT RECOVERY SERVICES 7486T g ATTACHMENT A — BLUECARDO PROGRAM Premera Blue Cross, like all Blue Cross and/or Blue Shield Licensees, participates in a program called "BlueCard." Whenever Members access health care services in Clark County, Washington or outside Washington and Alaska, the claim for those services may be processed through BlueCard and presented to us for payment Payment is made according to the terms and limitations of your plan document and network access rules in the BlueCard Policies then in effect Under BlueCard, when Members receive covered services within the area served by another Blue Cross and/or Blue Shield Licensee (called the "Host Blue" in this section), Premera Blue Cross remains responsible for fulfilling our obligations under this contract The Host Blue will only be responsible for such services as contracting with providers and handling all interaction with contracting providers The Host Blue must perform these duties in accordance with applicable BlueCard Policies The financial terms of BlueCard are described generally below Liability Calculation Method Per Claim The amount the Member pays for covered services obtained in Clark County, Washington or outside Washington and Alaska through BlueCard is calculated on the lower of 1)the billed charges for the covered services, or 2)the "negotiated price" that the Host Blue passes on to Premera Blue Cross for the covered services Most often, the Plan Sponsor's liability for covered services processed through BlueCard is calculated on the same amount on which the Member's liability is calculated However, in rare cases required by the Host Blue's contract with the provider, the Plan Sponsor's liability will be calculated on the Host Blue's negotiated price even when that price exceeds the billed charge The methods used to determine the negotiated price will vary among Host Blues according to the terms of then provider contracts Often, the negotiated price will consist of a simple discount, which reflects the actual price allowed as payable by the Host Blue But, sometimes, it is an estimated price that factors in the Host Blue's expected settlements, withholds, any other contingent payment arrangements and non-claims transactions with the Member's health care provider or with a specified group of providers The negotiated price may also be a discount from billed charges that reflects an average expected savings with the Member's health care provider or a specified group of providers The price that reflects average savings may result in greater variation above or below the actual price than will the estimated price In accordance with national BlueCard policy, these estimated or average prices will also be adjusted from time to time to correct for overestimation or underestimation of past prices However, the amount on which the Member's and the Plan Sponsor's payments are based remains the final price for the covered services billed on that claim In addition, if the Host Blue's negotiated price is an estimated or average price, as described above, some portion of the amount the Plan Sponsor pays may be held in a variance account by the Host Blue, pending settlement with its contracting providers Because all amounts paid are final, any funds held in a variance account do not belong to the Plan Sponsor and are eventually exhausted by provider settlements and through prospective adjustments to the negotiated prices. Some states may mandate a surcharge or a method of calculating what Members must pay on a claim that differs from BlueCard's usual method noted above and is not pre-empted by federal law If such a mandate is in force on the date the Member received care in that state, the amounts the Member and the Plan Sponsor must pay for any covered services will be calculated using the methods required by that state's mandate Such methods might not reflect the entire savings expected on a particular claim The calculation methods described above in this section do not apply to BlueCard Worldwide claims Under BlueCard, recoveries from a Host Blue or from contracting providers of a Host Blue can arise in several ways Examples are antifraud and abuse audits, provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds In some cases, the Host Blue will engage third parties to assist in discovery or collection of recovery amounts The fees of such a third party are netted against the recovery Recovery amounts, net of any PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 10 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 fees, will be applied in accordance with applicable BlueCard Policies, which generally require correction on a claim- by-claim or prospective basis BlueCard Worldwide® If Members are outside the United States, the Commonwealth of Puerto Rico, Jamaica and the British and U S. Virgin Islands, they may be able to take advantage of BlueCard Worldwide BlueCard Worldwide is unlike the national BlueCard program in certain ways For instance, although BlueCard Worldwide provides a network of contracting hospitals, it offers only referrals to doctors and other health care providers When receiving care from doctors or other health care providers, Members will have to submit claim forms on their own behalf to obtain reimbursement for the services provided through BlueCard Worldwide ' BlueCard Fees and Compensation -Overview The Plan Sponsor understands and agrees to the following a To pay certain fees and compensation to us which we are obligated under BlueCard to pay to the Host Blue, to the Blue Cross and Blue Shield Association, or to the BlueCard vendors These fees are billed to the Plan Sponsor as shown in "Attachment D —Fees Of The Claims Administrator" b. That fees and compensation under BlueCard may be revised from time to time without the Plan Sponsor's prior approval in accordance with the Blue Cross and Blue Shield Association's standard provisions for revising fees and compensation under BlueCard Some of these fees and compensation are charged each time a claim is processed through BlueCard Examples of these are access fees (see "Access Fees" and "How Access Fees Affect The Plan" below), administrative expense allowance fees, Central Financial Agency Fees, and ITS Transaction Fees Also, some of these claim-based fees, such as the access fee and the administrative expense allowance fee, may be passed on to the Plan Sponsor as an additional claim liability Examples of fees not charged for each claim are an 800 number fee and a fee for providing provider directories If you want an updated listing of these types of fees or the amount of these fees paid directly by you, please contact us Access Fees Host Blues may charge the Claims Administrator an access fee for making their discounted rates and the resulting savings available on claims incurred by the Plan Sponsor's Members Access fees are based on the difference between the amount paid by the Host Blue and the amount this Plan would have paid if it had dealt with the out-of- area provider directly The access fee, if one is charged, may equal up to 10 percent of the Host Licensee's discount/differential savings, but may not exceed $2,000 per claim The access fee may be charged only if the Host Blue's arrangement with the provider prohibits billing Members for amounts in excess of the discounted rate 1 However, providers may bill for deductibles, coinsurance, amounts in excess of stated benefit maximums, and charges for noncovered services In the event a participating provider discount cannot be passed along to the Member, no discount or access fee will apply How Access Fees Affect The Plan When the Claims Administrator is charged an access fee, it will be charged to the Plan Sponsor as a claims expense If the Claims Administrator receives an access fee credit, it will be given to the Plan Sponsor as a claims expense credit Access fees are considered a claims expense because they represent claims dollars the Plan Sponsor is unable to avoid paying Instances may occur in which the Claims Administrator does not pay a claim (or pays only a small amount) because the amounts eligible for payment were applied to the deductible and/or coinsurance In these instances, the Claims Administrator will pay the access fee and pass it along to the Plan Sponsor as a claims expense even though little or none of the claim was paid. PLAN SPONSOR. City of Kent PLAN NUMBER: 1018212 Page 11 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT B - CENSUS INFORMATION Administration Fees, effective January 1, 2007, are based on the following Number of Active and Retired Members: Employee Spouse Children Active 732 497 815 Retirees 80 18 0 Number of COBRA Members: Employee Spouse Children COBRA 15 6 5 Other Carriers Offered: Group Health Cooperative 1 r r PLAN SPONSOR: City of Kent PLAN NUMBER 1018212 Page 12 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT C - REPORTING IA standard package of reports covering the Contract Period will be provided to the Plan Sponsor within the fees set forth in "Attachment D — Fees Of The Claims Administrator" The reports will cover • Earned premium • Paid claims i • Census data Claims summaries by• • Provider type • Service type • Coverage type 1 Please note that reports, format, and content may be modified from time to time as needed PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 13 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT D - FEES OF THE CLAIMS ADMINISTRATOR Pursuant to the Administrative Service Contract, the Plan Sponsor shall pay the Claims Administrator the fees, as set forth below, for administrative services Administration Fees: Composite Per Employee Per Month (PEPM) 1/1/07 — 12/31/07 Actives (Classes A001,A002) $66 86 Retirees (Class R001) $68 37 , Freestanding Dental (Class A003) $ 9 33 Brokerage Fees and Commissions (included in Administration Fee): Medical: $2 36 PEPM Freestanding Dental. $0 36 PEPM Additional Fees: Prescription Drug Charge $1 40 per claim Conversion Contract Fee $1,000 per conversion Claims Runout Processing Fee: 10% of runout claims processed BlueCard Fees: , Tracked and billed as part of the Annual Accounting Care Facilitation: Included in Administration Fee See "Attachment F—Care Facilitation" for an overview of services provided PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 14 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 Extended Post-Payment Recovery Services: Claims Administrator will perform the services listed below on a pay-for-performance, contingent fee ("Contingent Fee') basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim See attachment H for an overview of services provided Post Payment Recovery Contingent Fee Category Coordination of Benefits 25% Subrogation 25% unless claim requires engagement of outside ' counsel, in which case the Contingent Fee amount shall be 35% Provider Billing Errors 25% Credit Balance 25% Hospital Billing and Chart Review 35% a The Plan Sponsor may terminate the Calypso extended services section of this agreement at any point throughout the contract period within 30 days written notice to the Claims Administrator b The Plan Sponsor can request that any subrogation case the Claims Administrator is pursuing on their behalf be dropped immediately with written notice from the Plan Sponsor I 1 1 1 1 1 i i PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 15 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT E - BUSINESS ASSOCIATE AGREEMENT PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 16 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT F - CARE FACILITATION Claims Administrator agrees to provide the following care facilitation programs for the fees shown in "Attachment D — Fees Of The Claims Administrator." Service Description Care Management Prospective and retrospective review for medical necessity, Clinical review appropriate application of benefits Prospective review is not mandatory for provision of benefits Voluntary program to provide cost-effective alternatives for Case management care of complex or catastrophic conditions This service also educates members and assists members and providers in managing breast& lung cancer Includes preventive care programs for members ' Health Awareness Education immunization reminders, cancer screening reminders, and health education and information Includes provision of evidence-based clinical practice and Quality Programs preventive care guidelines to members and providers, chart tools, and quality of care program activities Prescription drug formulary Development of formulary and access to providers and promotion members on-line Physician-based pharmacy Physician education on cost-effective prescribing management ePocrates Software to provide physicians with up-to-date drug and plan formulary information Education for members using multiple drugs to review Polypharmacy prescnptions with their providers to decrease incidences of adverse drug interactions Follow-up with members and physicians to minimize 1 Point-of-sale Pharmacy inappropriate or excessive drug therapies identified when drugs are dispensed. Pharmacy Rebate Included as a credit to retention/administration fee ' Demand Management Round-the-clock access for members to RNs to answer questions about health care i PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 17 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT G - RIGHT OF CONVERSION FOR TERMINATED MEMBERS The Plan Sponsor requests that the Claims Administrator provide a conversion privilege to terminated Members in consideration of the following- Responsibilities of the Claims Administrator The Claims Administrator shall make available to Members an opportunity to obtain health care coverage (hereinafter referred to as Conversion Contract)when they are no longer eligible for coverage under the Plan due to • Termination of employment. ' • Termination of benefits for the class in which the Member belongs. • A covered dependent's attainment of the limiting age • A covered spouse's legal separation or divorce. • Death of a covered employee The Claims Administrator shall not be required to issue a Conversion Contract if the Member becomes covered under a group health insurance policy within 31 days after termination of his or her coverage under the Plan Application and payment of the applicable rate for the Conversion Contract must be made by the Member within 31 days after such individual's conversion privilege of its group health coverage contracts Rates for the Conversion Contract shall be determined by the Claims Administrator and be the same as those then in effect for coverage offered under the standard conversion privilege of its group health coverage contracts Rates will not be guaranteed and the Claims Administrator will have the right to change the rate of any Conversion Contract Compensation The Plan Sponsor shall pay the Claims Administrator a $1,000 conversion privilege fee for each conversion contract issued to a former Member The Claims Administrator shall notify the Plan Sponsor of the conversion privilege fees owed in connection with the weekly notification of claims paid , PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 18 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 ATTACHMENT H - EXTENDED POST-PAYMENT RECOVERY SERVICES Claims Administrator shall provide a set of Extended Post Payment Recovery Services to the Plan Sponsor as described below Claims Administrator will perform these services on a pay-for-performance, contingent fee ("Contingent Fee') basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim Contingent Fees are shown in "Attachment D — Fees Of The Claims Administrator" Post Payment Recovery Explanation of Services Category Claims Administrator's investigators and auditors will work to identify and pursue overpayments due to member's missing or inaccurate COB information Claims Administrator utilizes questionnaires and interviews Coordination of Benefits with providers, employers and members to determine if Plan Sponsor is ' the primary or secondary insurer Claims Administrator's investigators, auditors and attorneys identify and ' pursue overpayments due to Subrogation opportunities Claims Administrator's research to obtain accurate subrogation information and determine group's subrogation rights include questionnaires and interviews with providers, employers and members as well as a review of medical records For verified overpayments Claims Administrator Subrogation manages attorney and member notification, files necessary liens, coordinates case documentation, and provides representation for arbitration hearings The Plan Sponsor will be pre-notified of Claims Administrator's intent to file suit and retains the right to authorize or deny any legal action Claims Administrator's post-payment editing programs and investigators and auditors perform additional screens and tests where billing information is inconsistent with age/services rendered or where there Provider Billing Errors appears to be up-coding or unbundling of services A recovery process is ' then employed to request and recover verified overpayments This service requires an on-site review of the provider's financial records and discussions with their staff Credit balances are verified as owed to Plan Sponsor and the source of the credit is determined The credit is Credit Balance reviewed with the provider and approved for payment back to Claims Administrator or the Plan Sponsor This service requires an on-site review of the member's medical charts Hospital Billing and Chart and interviews with provider staff by registered nurses Calypso out- Review sources the on-site review work to an independent vendor who ensures that 1 PLAN SPONSOR: City of Kent PLAN NUMBER- 1018212 Page 19 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 Post Payment Recovery Category Explanation of Services • Service is consistent with diagnosis and billing is consistent with services. • There has been no unbundling of services, diagnosis up-coding or billing maximization • Services rendered were prescribed by the physician and the I doctor's notes were signed • Standardized billing and payment policies were used , Calypso provides support for this vendor's efforts as well as processes all recoveries PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 20 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 v ATTACHMENT I - DISEASE MANAGEMENT Claims Administer agrees to make available to the Group certain Disease Management Services provided by Healthways, Inc ("AHSI")as more particularly described on Appendix 1 attached hereto and incorporated herein (the "Services') Under its agreement with the Claims Administrator, AHSI, in its sole and absolute discretion, may upgrade or otherwise modify its Services Information and Data. • Initial Information. For Groups who have had Administrative Services provided by the Claims Administrator for 1 • a period of 36 months or longer, the Claims Administrator will provide to AHSI on Group's behalf, a claims and eligibility data set determined necessary by AHSI and the Claims Administrator in mutually agreeable electronic format, for all Eligible Members for the prior thirty-six (36) months from anticipated Effective Date, or the period for which data is available, whichever is shorter This data shall be provided 90 days prior to the Group Effective Date through the date such file is produced For Groups for whom the Claims Administrator does not have such data as determined necessary by AHSI and the Claims Administrator for the prior thirty-six (36) month period, the Group will attempt to obtain such data from the Group's previous health plan(s), 90 days prior to the Group Effective Date AHSI and the Claims Administrator will cooperate with Group's effort in obtaining such data All such data shall be provided by the Group directly to AHSI in a mutually agreeable electronic format In the event AHSI charges the Claims Administrator for accepting such data, the Claims Administrator shall be entitled to pass such costs through to the Group • Failure or Inability to Provide Data The Parties recognize that the provision of data referenced above is critical to the success of the disease management services Therefore, the Group agrees that its failure to provide all data referenced above in a timely fashion may, at the Claims Administrator's option, affect the terms, range and availability of Services available to the Group In the event that at least twenty-four(24) months of historical data 1 is not available, then the Claims Administrator shall adjust reporting and measurement requirements for such Group General Provisions • The parties understand, acknowledge and agree that the services provided to the Group hereunder are designed for application generally to the entire population of Group members eligible for such services and not for application to each and every such member Neither the Claims Administrator nor AHSI represent or warrant that the services provided pursuant to this Attachment will be applied or made with respect to each and every eligible member The Claims Administrator and AHSI voll, however, use commercially reasonable efforts in their attempt to apply such services so that as many eligible members receive such services as appropriate and practicable • Severability In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree ' or decision, the remainder of this Attachment shall remain valid and enforceable according to its terms PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 21 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 1 Appendix 1 Program Selection Elected Package 1 Package C (Enhanced) Diabetes, Heart Failure, Coronary Artery Disease, Chronic Obstructive Pulmonary Disease, Asthma, Impact Conditions 1 i 1 1 1 t 1 PLAN SPONSOR: City of Kent PLAN NUMBER: 1018212 Page 22 PLAN DOCUMENT EFFECTIVE DATE: January 1, 2007 , ' Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: GROUP HEALTH CONTRACT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2007 Group Health Cooperative of Puget Sound contract for the City's insured HMO plan. The 2007 contract reflects an approximate 7% increase in the health care premiums charged by Group Health and is budgeted in the Health and Welfare fund. The projected budget for the Group Health Cooperative of Puget Sound contract for 2007 is $324,996. 1 t 1 3. EXHIBITS: Group Health Contract 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? 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 DISCUSSION: ACTION: Council Agenda Item No. 6G 32 1 GroupHealth Group Medical Coverage Agreement Group Health Cooperative(also referred to as"GHC")is a nonprofit health maintenance organization furnishing health care coverage on a prepayment basis The Group identified below wishes to purchase such coverage. This 1 Agreement sets forth the terms under which that coverage will be provided,including the rights and responsibilities of the contracting parties;requirements for enrollment and eligibility;and benefits to which those enrolled under this Agreement are entitled. The Agreement between GHC and the Group consists of the following: • Standard Provisions • Attached Benefit Booklet • Signed Group application • Premium Schedule • All attachments and endorsements included or issued hereafter ' Group Health Cooperative Signed: Title President and Chief Executive Officer ' City of Kent,0036900 Signed: ' Title: This Agreement will continue in effect until terminated or renewed as herein provided for and is effective January 1,2007. PA-113302 C26115-0036900 1 33 I Group Medical Coverage Agreement r Table of Contents Standard Provisions Attachment 1 Benefit Booklet ' Attachment 2 Premium Schedule Attachment 3 Medicare Endorsement l t 1 1 1 1 1 1 1 1 1 1 C26115-0036900 2 ' 34 1 Standard Provisions 1. GHC agrees to provide benefits as set forth in the attached Benefit Booklet to enrollees of the Group. 2. Monthly Premium Payments. For the initial term of this Agreement,the Group shall submit to GHC for each Member the monthly premiums set forth in the current Premium Schedule and a venfication of enrollment. Payment must be received on or before the due date and is subject to a grace period often(10)days Premiums are subject to change by GHC upon thirty(30)days written notice. Premium rates will be revised as a part of The annual renewal process In the event the Group increases or decreases enrollment at least twenty-five percent(25%)or more,GHC reserves the right to require re-rating of the Group. 3. Dissemination of Information. Unless the Group has accepted responsibility to do so,GHC will disseminate information describing benefits set forth in the Benefit Booklet attached to this Agreement. 4. Identification Cards.GHC will fiunish cards,for identification purposes only,to all Members enrolled under this Agreement. 5. Administration of Agreement.GHC may adopt reasonable policies and procedures to help in the admuustration of this Agreement.GHC reserves the right to construe the provisions of this Agreement and make all determinations regarding benefit entitlement and coverage. 6. Modification of Agreement. Except as required by federal and Washington State law,this Agreement may not be modified without agreement between both parties. No oral statement of any person shall modify or otherwise affect the benefits,lnmtations and exclusions of ttus Agreement,convey or void any coverage,increase or reduce any benefits under this Agreement or be used in the prosecution or defense of a claim under this Agreement. 7. Indemnification. GHC agrees to indemnify and bold the Group harmless against all claims,damages,losses and expenses,including reasonable attorney's fees,arising out of GHC's failure to perform,negligent performance or willful misconduct of its directors,officers,employees and agents of their express obligations under this Agreement. The Group agrees to indemnify and hold GHC harmless against all claims,damages,losses and expenses, including reasonable attorney's fees,arising out of the Group's failure to perform,negligent performances or ' willful misconduct of its directors,officers,employees and agents of their express obligations under this Agreement The indemnifying party shall give the other party prompt notice of any claim covered by this section and provide reasonable assistance(at its expense) The indemnifying party shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to the other party. Either party may take part in the defense at its own expense after the other party assumes the control thereof. S. Compliance With Law. The Group and GHC shall comply with all applicable state and federal laws and regulations to performance of this Agreement. Tlus Agreement is entered into and governed by the laws of Washington State,except as otherwise pre-etrtpted by ERISA and other federal laws. ' 9. Governmental Approval, If GHC has not received any necessary government approval by the date when notice is required under this Agreement,GHC will notify the Group of any changes once governmental approval has been received GHC may amend this Agreement by giving notice to the Group upon receipt of government approved rates,benefits,linutations,exclusions or other provisions,in which case such rates, benefits,limitations,exclusions or provisions will go into effect as required by the governmental agency. All ' C21115-0011900 3 35 ' amendments are deemed accepted by the Group unless the Group gives GHC written notice of non-acceptance within thirty(30)days after receipt of amendment,in which event this Agreement and all rights to services and other benefits terminate the first of the month following thirty(30)days after receipt of non-acceptance 10. Confidentiality. Each parry acknowledges that performance of its obligations under this Agreement may r involve access to and disclosure of data,procedures,materials,lists,systems and information,including medical records,employee benefits information,employee addresses,social security numbers,e-mail addresses, phone numbers and other confidential information regarding the Group's employees(collectively the "information"). The information shall be kept strictly confidential and shall not be disclosed to any third party other than:(i)representatives of the receiving party(as permitted by applicable state and federal law)who have a need to know such information in order to perform the services required of such party pursuant to this Agreement,or for the proper management and administration of the receiving party,provided that such representatives are informed of the confidentiality provisions of this Agreement and agree to abide by them,(n) pursuant to court order or(in)to a designated public official or agency pursuant to the requirements of federal, state or local law,statute,rule or regulation. The disclosing party will provide the other party with prompt notice of any request the disclosing party receives to disclose information pursuant to applicable legal requirements, so that the other party may object to the request and/or seek an appropriate protective order against such request Each party shall maintain the confidentiality of medical records and confidential patient ' and employee information as required by applicable law. 11. Arbitration. Any dispute,controversy or difference between GHC and the Group ansmg out of or relating to ' this Agreement, or the breach thereof,shall be settled by arbitration in Seattle,Washington in accordance with the Commercial Arbitration Rules of the American Arbitration Association,and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. Except as may be required by law,neither party nor arbitrator may disclose the existence, content or results of any arbitration hereunder , without the prior written consent of both parties. 12. HIPAA. ' Definition of Terms. Terns used,but not otherwise defined,in this Section shall have the same meaning as those terms have in the Health Insurance Portability and Accountability Act of 1996("HIPAA"). Transactions Accepted. GHC will accept Standard Transactions,pursuant to HIPAA,if the Group elects to transnut such transactions. If the Group sends transactions to GHC that do not comply with applicable HIPAA standards,the Group will be deemed by such action to be representing and warranting that it is not a Covered , Entity or otherwise required to comply with HIPAA standards for electronic transactions,either directly,or as an agent of another individual or entity. The parties agree that all the terms,conditions,representations and warranties contained in this section are express obligations of the Group,and the Group shall indemnify GHC for any breach of this section. ' 13. Termination of Fntire Agreement. This is a guaranteed renewable Agreement and cannot be terminated without the mutual approval of each of the parties,except in the circumstances set forth below. , a. Nonpayment or Non-Acceptance of Premium.Failure to make any monthly premium payment or contribution in accordance with subsection 2 above shalt result in termination of this Agreement as of the prennum due date The Group's failure to accept the revised premiums provided as part of the annual renewal process shall be considered nonpayment and result in non-renewal of this Agreement. The Group may terminate this Agreement upon fifteen(15)days written notice of premium increase,as set forth in subsection 2 above. b. Misrepresentation. GHC may rescind or terminate this Agreement upon written notice in the event that material nusrepresentation,fraud or orrussion of information was used in order to obtain Group coverage Either party may terminate this Agreement in the event of material misrepresentation, fraud or omission of , information by the other party in performance of its responsibilities under this Agreement. C26115-0036900 4 36 ' c. Underwriting Guideiines.GHC may terminate or non-renew this Agreement ni the event the Group no longer meets underwntuig guidelines established by GHC that were in effect at the time the Group was ' accepted. 14. Withdrawal or Cessation of Services. ta. GHC may determine to withdraw from a Service Area or from a segment of its Service Area after GHC has demonstrated to the Washington State Office of the Insurance Commissioner that GHC's clinical, financial or administrative capacity to service the covered Members would be exceeded. b. GHC may determine to cease to offer the Group's current plan and replace the plan with another plan offered to atl covered Members within that line of business that includes all of the Health care services ' covered under the replaced plan and does not significantly limit access to the services covered under the replaced plan GHC may also allow unrestricted conversion to a fully comparable GHC product. GHC will provide written notice to each covered Member of the discontinuation or non-renewal of the plan at least ninety(90) days prior to discontinuation. C26115-0036900 5 37 ' Dear Group Health Subscriber: This booklet contains important information about your healthcare plan. ' This is your 2007 Group Health Benefit Booklet(Certificate of Coverage)_ It explains the services and benefits you and those enrolled on your contract ate entitled to receive from Group Health Cooperative. Sections of this document may be bolded and italicized, which identifies changes that Group Health has made to the plan. The benefits reflected in tlus booklet were approved by your employer or association who contracts with Group Health for your healthcare coverage if you are eligible for Medicare,please read Section IV J.as it may affect your prescription drug coverage. , We recommend you read it carefully so you'll understand not only the benefits,but the exclusions,limitations,and eligibility requirements of this certificate_ Please keep this certificate for as long as you are covered by Group Health. We will send you revisions if there are any changes in your coverage ' This certificate is not the contract itself,you can contact your employer or group administrator if you wish to see a copy of the contract(Medical Coverage Agreement) We'll gladly answer any questions you might have about your Group Health benefits. Please call our Group Health ' Customer Service Center at(206)901-4636 in the Seattle area,or toll-free in Washington, 1-888-901-4636 Thank you for choosing Group Health Cooperative. We look forward to working with you to preserve and enhance your health Very truly yours, Scott Armstrong President PA-113302a CA-139502,CA-2220,CA-1984,CA-107600 ,CA-2581,CA-2587,CA-1385,CA-6100 ' C26115-0036900a 1 38 Benefit Booklet Table of Contents Section I. Introduction A. Accessing Care B. Cost Shares ' C. Subscriber's Liability D. Claims Section II. Allowances Schedule Section III. Eligibility,Enrollment and Termination A Eligibility B. Enrollment C. Effective Date of Enrollment D. Eligibility for Medicare E. Termination of Coverage F Services After Tenrunation of Agreement G. Continuation of Coverage Options Section IV. Schedule of Benefits A. Hospital Care B. Medical and Surgical Care C. Chermcal Dependency Treatment D Plastic and Reconstructive Services E Home Health Care Services F. Hospice Care G. Rehabilitation Services H. Devices,Equipment and Supplies 1. Tobacco Cessation J. Drugs,Medicines,Supplies and Devices K. Mental Health Care Services L Emergency/Urgent Care M. Ambulance Services N Skilled Nursing Facility Section V. General Exclusions Section VI. Grievance Processes for Complaints and Appeals Section VII. General Provisions A. Coordination of Benefits B. Subrogation and Reimbursement Rights C Miscellaneous Provisions Section VIII. Definitions Attachment: Group Medicare Coverage C261 15-0036900a 2 39 ' Section I. Introduction Group Health Cooperative(also referred to as"GHC")is a nonprofit health maintenance organization furnishing ' health care primarily on a prepayment basis. Read This Benefit Booklet Carefully ' This Benefit Booklet is a statement of benefits,exclusions and other provisions,as set forth in the Group Medical Coverage Agreement("Agreement")between GHC and the employer or Group. A full description of benefits,exclusions,limits and Out-of-Pocket Expenses can be found in the Schedule of , Benefits,Section IV;General Exclusions,Section V,and Allowances Schedule,Section II. These sections must be considered together to fully understand the benefits available under the Agreement. Words with special meaning are ' capitahzed They are defined in Section VIII A. Accessing Care Members are entitled to Covered Services only at GHC Facilities and from GHC Personal Physicians. Except as follows: • Emergency care, ' • Self-Referral to women's health care providers,as set forth below, • Visits with GHC-Designated Self-Referral Specialists,as set forth below, • Care provided pursuant to a Referral Referrals must be requested by the Member's Personal Physician and ' approved by GHC,and • Other services as specifically set forth in the Allowances Schedule and Section IV. Primary Care. Members must select a GHC Personal Physician when enrolling ender the Agreement One Personal Physician may be selected for an entire family,or a different Personal Physician may be selected for each family member If the Personal Physician is not selected at the time of enrollment, GHC will assign a Personal Physician,and a letter of explanation will be sent to the Member. Selecting a Personal Physician or changing from one Personal Physician to another can be accomplished by contacting GHC Customer Service,or accessing the GHC website at www.gbc.org. The change will be made , within twenty-four(24)hours of the receipt of the request, if the selected physician's caseload permits. A listing of GHC Personal Physicians,Referral specialists,women's health care providers and GHC-Designated Self-Referral Specialists is available by contacting GHC Customer Service at(206)901-4636 or(888)901- ' 4636,or by accessing GHC's website at www.ghc.org. In the case that the Member's Personal Physician no longer participates in GHC's network,the Member will be ' provided access to the Personal Physician for up to sixty(60)days following a written nonce offering the Member a selection of new Personal Physicians from which to choose. Specialty Care. Unless otherwise indicated in this section,the Allowances Schedule or Section IV.,Referrals , are required for specialty care and specialists. GHC-Designated Self-Referral Specialist. Members may make appointments directly with GHC-Designated ' Self-Referral Specialists at Group Health-owned or-operated medical centers without a Referral from their Personal Physician Self-Referrals are available for the following specialty caie areas-allergy,audiology, cardiology,chernical dependency,chiropractidmampulative therapy,dermatology,gastroenterology,general surgery,hospice,manipulative tlietapy,mental health,nephrology,neurology,obstetrics and gynecology, occupational medicine*,oncology/hematology,ophthalmology,optometry,orthopedics,otolaryngology(ear, nose and throat),physical therapy*,smoking cessation,speech/language and learning services*and urology C26115-0036900a 3 ' 40 *Medicare patients need a Referral for these specialists. Women's Health Care Direct Access Providers. Female Members may see a participating General and Family Practitioner,Physician's Assistant, Gynecologist,Certified Nurse Midwife,Licensed Midwife,Doctor of Osteopathy,Pediatrician,Obstetrician or Advanced Registered Nurse Practitioner who is contracted by GHC to provide women's health care services directly,without a Referral from their Personal Physician, for Medically Necessary maternity care,covered reproductive health services,preventive care(well care)and general exanunations,gynecological care and follow-up visits for the above services Women's health care services are covered as if the Member's Personal Physician had been consulted,subject to any applicable Cost Shares,as set forth in the Allowances Schedule If the Member's women's health care provider diagnoses a condition that requires Referral to other specialists or hospitali2ation,the Member or her chosen provider must obtain preauthorization and care coordination to accordance with applicable GHC requirements Second Opinions. The Member may access,upon request,a second opinion regarding a medical diagnosis or treatment plan from a GHC Provider Emergent and Urgent Care. Emergent care is available at GHC Facilities. If Members cannot get to a GHC Facility,Members may obtain Emergency services from the neaiest hospital Members or persons assuming responsibility for a Member must notify GHC by way of the GHC Emergency Notification Line within twenty- four(24)hours of admission to a non-GHC Facility,or as soon thereafter as medically possible. Members may refer to Section IV.for more information about coverage of Emergency services_ In the GHC Service Area,urgent care is covered only at GHC medical centers,GHC urgent care clinics or GHC ' Provider's offices Urgent care received at any hospital emergency department is not covered unless authorized in advance by a GHC Provider. Members may refer to Section IV for more information about coverage of urgent care services. Outside the GHC Service Area,urgent care is covered at any medical facility_ Members may refer to Section IV.for more information about coverage of urgent care services. ' Recommended Treatment.GHC's Medical Director or his/her designee will determine the necessity,nature and extent of treatment to be covered in each individual case and the judgment,made in good faith,will be final. Members have the right to participate in decisions regarding their health care.A Member may refuse any recommended treatment or diagnostic plan to the extent permitted by law. Members who obtain care not recommended by GHC,do so with the full understanding that GHC has no obligation for the cost,or liability ' for the outcome,of such care. Coverage decisions may be appealed as set forth in Section VI Major Disaster or Epidemic.In the event of a major disaster or epidemmc,GHC will provide coverage according to GHC's best judgment,within the limitations of available facilities and personnel GHC has no liability for delay or failure to provide or arrange Covered Services to the extent facilities or personnel are unavailable due to a major disaster or epidemic. Unusual Circumstances.If the provision of Covered Services is delayed or rendered impossible due to unusual circumstances such as complete or partial destruction of facilities,military action,civil disorder,labor disputes or similar causes,GHC shall provide or arrange for services that, in the reasonable opinion of GHC's Medical Director,or his/her designee,are emergent or urgently needed In regard to nonurgent and routine services, GHC shall make a good faith effort to provide services through its then-available facilities and personnel GHC shall have the option to defer or reschedule services that are not urgent while its facilities and services are so affected.In no case shall GHC have any liability or obligation on account of delay or failure to provide or arrange such services. B. Cost Shares lil I C26115-0036900a 4 41 ' The Subscriber shall be liable for the following Cost Shares when services are received by the Subscriber and any of his/her Dependents. 1. Copayments Members shall be required to pay Copayments at the time of service as set forth in the ' Allowances Schedule Payment of a Copayment does not exclude the possibility of an additional billing if the service is determined to be a non-CoN cred Service_ 2. Coinsurance.Members shall be required to pay Coinsurance for certain Covered Services as set forth in ' the Allowances Schedule. 3. Out-of-Pocket Limit.Total Out-of-Pocket Expenses incurred during the same calendar year shall not , exceed the Out-of-Pocket Limit set forth in the Allowances Schedule.Out-of-Pocket Expenses which apply toward the Out-of-Pocket Linut are set forth in the Allowances Schedule. 4. Deductibles. In addition to any applicable annual Deductible,there may be service-specific Deductibles as ' set forth in the Allowances Schedule. C. Subscriber's Liability The Subscriber is liable for(1)payment to the Group of his/her contribution toward the monthly premium,if any;(2)payment of Cost Share amounts for Covered Services provided to the Subscriber and his/her ' Dependents,as set forth in the Allowances Schedule;and(3)payment of any fees charged for non-Covered Services provided to the Subscriber and lusher Dependents,at the time of service. Payment of an amount billed by GHC must be received within thirty(30)days of the billing date. D. Claims Claims for benefits may be made before or after services are obtained. To make a claim for benefits under the Agreement,a Member(or the Membei's authorized representative)must contact GHC Customer Service,or submit a claim for reimbursement as described below. Other inquiries,such as asking a health care provider ' about care or coverage,or submitting a prescription to a pharmacy,will not be considered a clams for benefits. If a Member receives a bill for services the Member believes are covered under the Agreement,the Member must,within ninety(90)days of the date of service,or as soon thereafter as reasonably possible, either(1) , contact GIIC Customer Service to make a claim or(2)pay the bill and subirut a claim for reimbursement of Covered Services to GHC,P.O.Box 34585,Seattle,WA 98124-1585. In no event,except in the absence of legal capacity,shall a claim be accepted later than one(1)year from the date of service ' GHC will generally process claims for benefits within the following timeframes after GHC receives the claims: • Pre-service claims—within fifteen(15)days. ' • Claims involving urgently needed care—within seventy-two(72)hours • Concurrent care claims—within twenty-four(24)hours. • Post-service claims—within thirty(30)days. Timeframes for pre-service and post-service claims can be extended by GHC for up to an additional fifteen(15) days. Members will be notified in writing of such extension prior to the expiration of the initial timeframe. C26115-0036900a 5 ' 42 ' Section I1. Allowances Schedule The benefits described in this schedule are subject to all provisions,limitations and exclusions set forth in the Group Medical Coverage Agreement. ' "Welcome"Outpatient Services Waiver Not applicable. ' Annual Deductible No annual Deductible. ' Plan Coinsurance No plan Coinsurance. Lifetime Maximum $2,000,000 per Member for Covered Services incurred,unless otherwise indicated. Up to$5,000 is restored automatically each January 1 for benefits paid by GHC during the prior calendar year Hospital Services • Covered inpatient medical and surgical services,including acute chemical withdrawal(detoxification) Covered in full. • Covered outpatient hospital surgery(including ambulatory surgical centers) ' Covered subject to the applicable outpatient services Copayment. Outpatient Services • Covered outpatient medical and surgical services Covered subject to the lesser of GHC`s charg a or a$10 outpatient services Copayment per Member per visit. • Allergy testing Covered subject to the applicable outpatient services Copayment • Oncology(radiation therapy,chemotherapy) ' Covered subject to the applicable outpatient services Copayment. ' Drugs—Outpatient(including mental health drugs,contraceptive drugs and devices and diabetic supplies) • Prescription drugs,medicines,supplies and devices for a supply of thirty(30)days or less when listed in the GHC drug formulary Covered subject to the lesser of GHC's charge or a$10 Copayment. ' • Over-the-counter drugs and medicines C261 15-0036900a 6 r 43 Not covered. r • Allergy serum ' Covered subject to the applicable prescription drag Cost Share(as set forth above)for each thirty(30)day supply. , • Injectables Injections that can be self-administered are subject to the applicable prescription drug Cost Share(as set forth r above).Injections necessary for navel are not covered. • Mail order drugs and medicines r Covered subject to the applicable prescription drug Cost Share(as set forth above)for each thirty(30)day supply or less. • Growth hormones Covered in full ' Out-of-Pocket Limit(Stop Loss) Limited to an aggregate maximum of$2,000 per Member or$4,000 per family per calendar year Except as r otherwise noted in this Allowances Schedule,the total Out-of-Pocket Expenses for the following Covered Services are included in the Out-of-Pocket Limit: r • Inpatient services • Outpatient services • Emergency care at a GHC or non-GHC Facility r • Ambulance services Acupuncture r Covered subject to the applicable outpatient services Copayment for Self-Referrals to a GHC Provider up to a maximum of eight(8)visits per Member per medical diagnosis per calendar year.When approved by GHC, r additional visits are covered subject to the applicable outpatient services Copayment. Ambulance Services • Emergency ground/air transport ' Covered at 80%. • Non-emergent ground/air interfacility transfer ' Covered at 80%for GHC-irutiated transfers,except hospital-to-hospital ground transfers covered in full. r Chemical Dependency • Inpatient services r Covered subject to the applicable inpatient services Copayment. r C261 15-003 6900a 7 44 t • Outpatient services Covered subject to the applicable outpatient services Copayment. • Benefit period Allowance Covered up to$13,500 per Member per any twenty-four(24)consecutive calendar month period. Acute detoxification covered as any other medical service. Charges incurred are not subject to the twenty-four(24) ' month maximum. Dental Services(including accidental injury to natural teeth) Not covered,except as set forth in Section IV.B.24. Devices,-Equipment and Supplies(for home use) ' Covered at 80%for: • Durable medical equipment • Orthopedic appliances • Post-mastectomy bras limited to two(2)every six(6)months Covered at 80%for: • Ostomy supplies • Prosthetic devices Wien provided in a home health setting in lien of hospitalization as described in Section]j!A.3.,benefits will be the greater of benefits ovailable far devices,equipment and supplies,home health or hospitalization. See Hospice for DME provided in a hospice setting. Diabetic Supplies Insulin,needles,syringes and lancets-see Drugs-Outpatient. External insulin pumps,blood glucose monitors, testing reagents and supplies-see Devices,Equipment and Supplies When Devices, Equipment and Supplies have a dollar maximum,diabetic supplies are not subject to this maximum benefit limit. Diagnostic Laboratory and Radiology Services Covered in full. Emergency Services • At a GHC Facility Covered subject to a$75 Copayment per Member per Emergency visit_ Copayment is waived if the Member is admitted as an inpatient to the hospital directly from the emergency department Emergency admissions are covered subject to the applicable inpatient services Cost Share. • At a non-GHC Facility Covered subject to a$125 Deductible per Member per Emergency visit. Emergency care Deductible is waived if the Member is adnutted as an inpatient to the hospital directly from the emergency department.Emergency admissions are covered subject to the applicable inpatient services Cost Share. C26115-0036900a 8 45 Hearing Examinations and Hearing Aids • Hearing examinations to determine hearing loss Covered subject to the applicable outpatient services Copayment. • Hearing aids,including hearing aid examinations Not covered. Home Health Services , Covered in full No visit lint. Hospice Services Covered in full Inpatient respite care is covered for a maximum of five(5)consecutive days per occurrence. ' Infertility Services(including sterility) Not covered. Manipulative Therapy ' Covered subject to the applicable outpatient services Copayment for Self-Referrals to a GHC Provider for manipulative therapy of the spine and extremities in accordance with GHC clinical criteria up to a ma.mmum of ten (10)visits per Member per calendar year.When approved by GHC,additional manipulation visits are covered subject to the applicable outpatient services Copayment. Maternity and Pregnancy Services • Delivery and associated Hospital Care Covered subject to the applicable inpatient services Copayment ' • Routine prenatal and postpartum care Covered subject to the applicable outpatient services Copayment. • Pregnancy termination Covered subject to the applicable Copayment for involuntary/voluntary termination of pregnancy. Mental Health Services ' • Inpatient services Covered subject to the applicable inpatient services Copayment for up to twelve(12)days per Member per calendar year at a GHC-approved mental healthcare facility Copayment does not apply to the Out-of-Pocket Linut • Outpatient services C26115-0036900a 9 46 Covered subject to the applicable outpatient services Copayment for up to twenty(20)visits per Member per calendar year. Copayment does not apply to the Out-of-Pocket Linut. Naturopathy Covered subject to the applicable outpatient services Copayment for Self-Referrals to a GHC Provider up to a maximum of three(3)visits per Member per medical diagnosis per calendar year When approved by GHC, additional visits are covered subject to the applicable outpatient services Copayment. Nutritional Services • Pbenylketonuria(PKLI)supplements Covered in full. • Enteral therapy(formula) Covered at 80%for elemental formulas Necessary equipment and supplies are covered under Devices, Equipment and Supplies • Parenteral therapy(total parenteral nutrition) Covered in full for parenteral formulas Necessary equipment and supplies are covered under Devices, Equipment and Supplies. Obesity Related Services Covered subject to the applicable Copayment for banatric surgery Weight loss programs,medications and related physician visits for medication monitoring are not covered. On the Job Injuries or illnesses Not covered,including injuries or illnesses incurred as a result of self-employment. Optical Services • Routine eye examinations ECovered subject to the applicable outpatient services Copayment once every twelve(12)months • Lenses,including contact lenses,and frames Not covered,except contact lens after cataract surgery is covered in full when in lieu of intraoeular lens. Organ Transplants Covered subject to the applicable Copayment up to a$250,000 lifetime benefit maximum(including organ acgeivitioty oratdting and donor costs up to$50,000)and a six(6)month benefit wait period Plastic and Reconstructive Services(plastic surgery,cosmetic surgery) • Surgery to correct a congenital disease or anomaly,or conditions following an injury or resulting from surgery Covered subject to the applicable Copayment C26115-0036900a 10 47 • Cosmetic surgery,including complications resulting from cosmetic surgery Not covered. Podiatric Services • Medically Necessary foot care Covered subject to the applicable Copayment. • Foot care(routine) Not covered,except in the presence of a non-related Medical Condition affecting the lower limbs. Pre-Existing Condition Covered with no wait. Preventive Services(well adult and well child physicals,immunizations,pap smears,mammograms and prostate cancer screening) Covered subject to the applicable outpatient services Copayment when in accordance with the well care schedule established by GHC. Eye refractions are not included under preventive care Physicals for travel, employment, insurance,license,are not covered Rehabilitation Services • Inpatient physical,occupational and restorative speech therapy services combined,including services for neurodevelopmentally disabled children age six(6)and under Covered subject to the applicable inpatient services Copayment for up to sixty(60)days per calendar year. • Outpatient physical,occupational and restorative speech therapy services combined,including services for neurodevelopmentally disabled children age six(6)and wider Covered subject to the applicable outpatient services Copayment for up to sixty(60)visits per calendar year. Sexual Dysfunction Services Not covered. Skilled Nursing Facility(SNF) Covered in full up to thirty(30)days per condition per Member per calendar year. Sterilization (vasectomy,tubaI ligation) Covered subject to applicable Copayments. Temporomandibular Joint(TMJ)Services • Inpatient and outpatient TMJ services C26115-0036900a. II 48 Covered subject to the applicable Copayment up to$1,000 maximum per Member per calendar year. • Lifetime benefit maximum Covered up to$5,000 pet Member. Tobacco Cessation • Individual/group sessions Covered in full • Approved pharmacy products Covered subject to the lesser of GHC's charge or the applicable prescription drug Cost Share(as set forth above in Drugs-Outpatient)for each thirty(30)day supply or less of a prescription or refill when prescribed by a GHC Provider and obtained at a GHC Facility. i t 1 C26115-0036900a 12 Section III. Eligibility, Enrollment and Termination 49 A. Eligibility In order to be accepted for enrollment and continuing coverage under the Agreement, individuals must meet any eligibility requirements imposed by the Group,reside or work in the Service Area and meet all applicable requirements set forth below, except for temporary residency outside the Service Area for purposes of attending school,court-ordered coverage for Dependents or other unique farmly arrangements,when approved in advance by GHC. GHC has the right to verify eligibility. 1. Subscribers.Bona fide employees and LEOFF II employees who have been continuously employed on a regularly scheduled basis of not less than twenty(21)hours per week,orlobshare,shall be eligible for enrollment.Elected officials and council members shall be eligible for enrollment.LEOFF I employees will not be covered under this plan. 2. Dependents.The Subscriber may also enroll the following: a The Subscriber's legal spouse. b Unmarred dependent children who are under the age of twenty-three(23)and are dependent on the Subscriber for support and maintenance,provided proof of such dependency is furnished to GHC upon request. "Children"means the cluldren of the Subscriber,including adopted children,stepchildren,children for whom the Subscriber has a qualified court order to provide coverage and any other children for whom the Subscriber is the legal guardian Eligibility may be extended past the Dependent's limiting age as set forth above if the Dependent is totally incapable of self-sustaining employment because of a developmental or physical disability incurred prior to attainment of the hunting age set forth above,and is clue fly dependent upon the Subscriber for support and maintenance Enrollment for such a Dependent may be continued for the duration of the continuous total incapacity,piovided enrollment does not ternunate for any other reason Medical proof of incapacity and proof of financial dependency must be furnished to GHC upon request,but not more frequently than annually after the two(2)year period following the Dependent's attauunent of the hunting age. 3. Temporary Coverage for Newborns. When a Member gives birth,the newborn will be entitled to the benefits set forth in Section IV.from birth through three(3)weeks of age. After three(3)weeks of age,no benefits are available unless the newborn child qualifies as a Dependent and is enrolled under the Agreement. All contract provisions, limitations and exclusions will apply except Section III.F and III.G. B. Enrollment 1. Application for Enrollment.Application for enrollment must be made on an application form furnished and approved by GHC_Applicants will not be enrolled or premiums accepted until the completed application form has been received and approved by GHC.The Group is responsible for submitting completed application forms to GHC. GHC reserves the right to refuse enrollment to any person whose coverage under any Medical Coverage Agreement issued by Group Health Cooperative or Group Health Options,Inc.has been terminated for cause,as set forth in Section IILE below. a. Newly Eligible Persons.Newly eligible Subscribers and their Dependents may apply for enrollment in writing to the Group within thuty-one(3 1)days of becorning eligible. b. New Dependents. A written application for enrollment of a newly dependent person,other than a newborn or adopted newborn child,must be made to the Group within thirty-one(31)days after the dependency occurs. C26115-0036900a ]3 50 A written application for enrollment of a newborn child must be made to the Group within sixty(60) days following the date of birth,when there is a change in the monthly premium payment as a result of the additional.Dependent. A written application for enrollment of an adoptive child must be made to the Group within sixty(60) days from the day the child is placed with the Subscriber for the purpose of adoption and the Subscriber assumes total or partial financial support of the child,if there is a change in the monthly premium payment as a result of the additional Dependent. When there is no change in the monthly premium payment,it is strongly advised that the Subscriber enroll the newborn or newly adoptive child as a Dependent with the Group to avoid delays in the payment of claims c. Open Enrollment. GHC will allow enrollment of Subscribers and Dependents,who did not enroll when newly eligible as described above,during a limited period of tune specified by the Group and GHC. d. Special Enrollment. GHC will allow special enrollment for persons who initially declined enrollment when otherwise eligible because such persons had other health care coverage and have had such other coverage terminated due to cessation of employer contributions,exhaustion of COBRA continuation coverage or loss of eligibility,except for loss of eligibility for cause;or have had such other coverage exhausted because such person reached a Lifetime Maximum limit. GHC or the Group may require confirmation that when initially offered coverage such persons submitted a written statement declining because of other coverage. Application for coverage under the Agreement must be made within thrty- �j one(31)days of the termination of previous coverage. ! In the event a Subscriber or person eligible to be a Subscriber acquires a person eligible to be a Dependent by birth,marriage,adoption or placement for adoption,GHC will allow special enrollment for the person eligible to be a Subscriber,his/her spouse and the newly acquired Dependent Application for coverage under the Agreement must be made within thuly-one(31)days of the acquisition of the new Dependent,except that sixty(60)days is permitted to enroll newborn and adopted children as described above. 2. Limitation on Enrollment.The Agreement will be open for applications for enrollment as set forth in this Section IILB.Subject to prior approval by the Washington State Office of the Insurance Commissioner, GHC may limit enrollment,establish quotas or set priorities for acceptance ornew applications if it determines that GHC's capacity,in relation to its total enrollment,is not adequate to provide services to additional persons. C. Effective Date of Enrollment 1. Provided eligibility criteria are met and applications for enrollment are made as set forth in Sections III.A. and III B above,enrollment will be effective as follows- Enrollment for a newly eligible Subscriber and listed Dependents is effective on the date of hue provided the Subscriber's application has been subntted to and approved by GFIC. • Subscribers who return to work from a leave without pay status within 90 days shall be eligible for enrollment on the first(l')of month following their date of return to work. • Enrollment for a newly dependent person, other than a newborn or adoptive child, is effective on the first(1st)of the month following the date eligibility requirements are met. • Enrollment for newborns is effective from the date of birth • Enrollment for adoptive children is effective from the date that the adoptive child is placed with the Subscriber for the purpose of adoption and the Subscriber aysunies total or partial financial support of the child. 2. Commencement of Benefits for Persons Hospitalized on Effective Date.Members who are admitted to an inpatient facility prior to their enrollment under the Agreement,and who do not have coverage under another agreement, will receive covered benefits begi: irg ar,tbe.r effective date,as set foith m subsection C261 15-0036900a 14 C.I.above.If a Member is hospitalized in a non-GHC Facility,GHC reserves the right to require transkil of the Member to a GHC Facility The Member will be transferred when a GHC Provider,in consultation with the attending physician,detemunes that the Member is medically stable to do so If the Member refuses to transfer to a GHC Facility,all further costs incurred during the hospttahzanon are the responsibility of the Member. D. Eligibility for Medicare Actively Employed Members and Spouses. Under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),actively employed Members and their spouses who are eligible for Medicare benefits must decide whether to choose the benefits of the Agreement or the Medicare program as their primary source of health care coverage.The Group is responsible for providing the Member with necessary information regarding TEFRA eligibility and the selection process. Members Residing Outside the GHC Medicare Advantage Service Area and Not Actively Employed. If a Member who is not actively employed or their spouse is or becomes eligible for Medicare, GHC requests that, effective the date that Medicare becomes the primary payer,the Heather or their spouse enroll in and maintain both Medicate Parts A and B coverage. An individual shall be deemed eligible for Medicare when he/she has the option to receive Part A Medicare benefits Medicare primary/secondary payer guidelines and regulations will determine primary/secondary payer status. Members Residing Inside the GHC Medicare Advantage Service Area and Not Actively Employed. If a Member ivho is not actively employed or their spouse is or becomes eligible for Medicare,they must,effective the date that Medicare becomes the ptimary payer,enroll in and maintain both Medicare Parts A and B coverage and enroll in the GHC Medicare Advantage Plan. Failure to do so upon the effective date of Medicare eligibility will result in terminatton of coverage under the Agreement. An individual shall be deemed eligible for Medicare when he/she has the option to receive Part A Medicare benefits. All applicable provisions of the GHC Medicare Advantage Plan are fully set forth in the Medicare Endorsement(s)attached to the Agreement(if applicable) E. Termination of Coverage , 1. Termination of Specific Members.Specific Members maybe terminated from the Agreement for any of the following reasons: a. Loss of Eligibility. If a Member no longer meets the eligibility requirements set forth in Section III, and is not enrolled for continuation coverage as described in Section III.G.below,coverage tinder the Agreement will terminate at the end of the month during which the loss of eligibility occurs,unless otherwise specified by the Group. b. For Cause.Coverage of a Member may be terminated upon ten(10)working days written notice for: i. Material rmsrepresentation, fraud or omission of information in order to obtain coverage. it Permitting the use of a GHC identification card or number by another person,or using another Member's identification card or number to obtain care to which a person is not entitled. iii. Nonpayment of charges,as set forth in Section I C. In the event of termination for cause,GHC reserves the right to pursue all civil remedies allowable under federal and state law for the collection of claims,losses or other damages c. Premium Payments.Nonpayment of premiums or contribution for a specific Member by the Group In no event will a Member be temmuated solely on the basis of their physical or mental condition provided they meet all other cligibiiity requirements set forth in the Agreement. C26115-0036900a 15 52 Any Member may appeal a termination decision through GHC's grievance process as set forth in Section VI 2. Certificate of Creditable Coverage. Unless the Group has chosen to accept this responsibility,a certificate of creditable coverage(which provides information regarding the Member's length of coverage under the Agreement)will be issued automatically upon terns nation of coverage,and may also be obtained upon request. F. Services After Termination of Agreement 1. Members Hospitalized on the Date of Termination.A Member who is receiving Covered Services as a registered bed patient in a hospital on the date of termination shall continue to be eligible for Covered Services while an inpatient for the condition which the Member was hospitalized,until one of the following events occurs: • According to GHC clinical criteria,it is no longer Medically Necessary for the Member to be an inpatient at the facility. • The remaining benefits available under the Agreement for the hospitalization are exhausted,regardless of whether a new calendar year begins. • The Member becomes covered under another agreement with a group health plan that provides benefits for the hospitalization_ • The Member becomes enrolled under an agreement with another carrier that would provide benefits for the hospitalization if the Agreement did not exist. 0 The Member becomes eligible for Medicare This provision will not apply if the Member is covered under another agreement that provides benefits for the hospitalization at the time coverage would terminate,except as set forth in this section, or if the Member is eligible for COBRA continuation coverage as set forth in subsection G below 2. Services Provided After Termination.The Subscriber shall be liable for payment of all charges for services and items provided to the Subscriber and all Dependents after the effective date of termination, except those services covered under subsection F.1 above Any services provided by GHC will be charged according to the Fee Schedule G. Continuation of Coverage Options 1. Continuation Option. A Member no longer eligible for coverage under the Agreement(except in the event of termination for cause,as set forth in Section IILE)may continue coverage for a period of up to three(3)months subject to notification to and self-payment of premiums to the Group This provision will not apply if the Member is eligible for the continuation coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985(COBRA). This continuation option is not available if the Group no longer has active employees or otherwise ternimates. 2. Leave of Absence. While on a Group approved leave of absence,the Subscriber and listed Dependents can continue to be covered under the Agreement provided. • They remain eligible for coverage,as set forth in Section III_A., • Such leave is in compliance with the Group's established leave of absence policy that is consistently applied to all employees, • The Group's leave of absence policy is in compliance with the Family and Medical Leave Act when applicable,and • The Group continues to remit prenuums for the Subscriber and Dependents to GHC. 3. Self-Payments During Labor Disputes. In the event of suspension or termination of employee compensation due to a strike,lockout or other labor dispute,a Subscriber may continue uninterrupted ' coverage under the Agreement through payment of monthly premiums directly to the Group Coverage may be continued for the lesser of the term of the strike, lock-out or other labor dispute,or for six(6)months after the cessation of work. C26115-0036900a 16 53 If the Agreement is no longer available,the Subscriber shall have the opportunity to apply for an individual GHC Group Conversion Plan or, of applicable,continuation coverage(see subsection 4.below),or an Individual and Family Medical Coverage Agreement at the duly approved rates. The Group is responsible for immediately notifying each affected Subscriber of his/her rights of self- payment under this provision. 4. Continuation Coverage Under Federal Law. This section applies only to Groups who must offer continuation coverage under the applicable provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985(COBRA),as amended,and only applies to grant continuation of coverage rights to the extent required by federal law. Upon loss of eligibility,continuation of Group coverage may be available to a Member for a limited time after the Member would otherwise lose eligibility,if requited by COBRA. The Group shall inform , Members of the COBRA election process and how much the Member will be required to pay directly to the Group 5. GHC Group Conversion Plan. Members whose eligibility for coverage under the Agreement,including continuation coverage,is terminated for any reason other than cause,as set forth in Section III.E Lb,and who are not eligible for Medicare or covered by another group health plan,may convert to GHC's Group Conversion Plan. If the Agreement terminates,any Member covered under the Agreement at termination may convert to a GHC Group Conversion Plan,unless he/she is eligible to obtain other group health coverage within thirty-one(31)days of the temnnation of the Agreement. An application for conversion must be made within thirty-one(31)days following termination of coverage under the Agreement Coverage wider GHC's Group Conversion Plan is subject to all terms and conditions of such plan,including prenuum payments. A physical exanunation or statement of health is not required for enrollment in GHC's Group Conversion Plan The Pre-Existing Condition limitation under GHC's Group Conversion Plan will apply only to the extent that the hnutation remains unfulfilled under the Agreement. By exercising Group Conversion rights,the Member may waive guaranteed issue and Pre-Existing Condition waiver rights wider Federal regulations. Persons wishing to purchase GHC's Individual and Faintly coverage should contact GHC Marketing. Section IV. Schedule of Benefits Benefits are subject to all provisions of the Group Medical Coverage Agreement,including,without limitation,the Accessing Care provisions and General Exclusions. Members must refer to Section II.,the Allowances Schedule,for Cost Shares and specific benefit limits that apply to benefits listed in this Schedule of Benefits. Members are entitled to receive only benefits and services that are Medically Necessary and clinically appropriate for the treatment of a Medical Condition as determined by GHC's Medical Director,or his/her designee,and as described herein. All Covered Services are subject to case management and utilization review at the discretion of GHC. A. Hospital Care Hospital coverage is limited to the following services: 1. Room and board,including private room when prescribed,and general nursing services. 2 Hospital services(including use of operating room,anesthesia,oxygen,x-ray,laboratory and radiotherapy services). 3. Alternative care arrangements may be covered as a cost-effective alternative in lieu of otherwise covered Medicallv Necessary hospitalization,or other covered Medically Necessary institutional care. Alternative C261 15-0036900a 17 54 care arrangements in lieu of covered hospital or other institutional care must be determined to be appropriate and Medically Necessary based upon the Member's Medical Condition. Coverage must be authorized in advance by GHC as appropriate and Medically Necessary. Such care will be covered to the same extent the replaced Hospital Cate is covered under the Agreement. 4. Dings and medications administered during confinement. 5. Special duty nursing,when prescribed as Medically Necessary. If Member is hospitalized in a non-GHC Facility,GHC reserves the right to require transfer of the Member to a GHC Factlity,upon consultation between a GHC Provider and the attending physician If the Member refuses 1 to transfer,all further costs incurred during the hospitalization ate the responsibility of the Member- B. Medical and Surgical Care 1 Medical and surgical coverage is limited to the following: 1. Surgical services. ( 2. Diagnostic x-ray,nuclear medicine,ultrasound and laboratory services. i 3. Family planning counseling services. 4. Hearing examinations to determine Bearing loss. 1 5. Blood and blood derivatives and their administration. 6 Preventive care(well care)services for health maintenance in accordance with the well care schedule ' established by GHC. Preventive care includes:routine mammography screening,physical examinations and routine laboratory tests for cancer screening in accordance with the well care schedule established by GHC,and immunizations and vaccinations listed as covered in the GHC drug formulary(approved drug list). A fee may be charged for health education piograms. The well care schedule is available in GHC clinics,by accessing GHC's website at www ghc.org,or upon request. Covered Services provided during a preventive care visit,which are not in accordance with the GHC well care schedule,are subject to the applicable Cost Shares. 7. Radiation therapy services. 8. Reduction of a fracture or dislocation of the jaw or facial bones;excision of tumors or non-dental cysts of the jaw,cheeks,lips,tongue,gums,roof and floor of the mouth;and incision of salivary glands and ducts. 9. Medical implants Excluded. internally implanted insulin pumps,artificial hearts,artificial larynx and any other implantable device that has not been approved by GHC's Medical Director,or his/her designee. t10, Respiratory therapy. 11. Outpatient total parenteral nutritional therapy;outpatient elemental formulas for malabsorption, and dietary formula for the treatment of phenylketomma(PKU).Coverage for PKU formula is not subject to a Pre- Existing Condition waiting period,if applicable Equipment and supplies for the adramistration of enteral and parenteral therapy are covered under Devices, Equipment and Supplies. Excluded-any other dietary formulas,oral nutritional supplements,special diets,prepared foods/meals and formula for access problems C261 15-0036900a 18 12. Visits with GHC Providers, including consultations and second opinions,in the hospital or provider's 55 office 13. Optical services. Routine eye examinations and refractions received at a GHC Facility once every twelve(12)months, i except when Medically Necessary_ When dispensed through GHC Facilities,one contact lens per diseased eye in lieu of an intraocular lens, including exam and fitting,is covered for Members following cataract surgery performed by a GHC Provider,provided the Member has been continuously covered by GHC since such surgery Replacement of a covered contact lens will be covered only when needed due to a change in the Member's Medical Condition,but no more than once in a twelve(12)month period. Excluded:evaluations and surgical procedures to correct refractions not related to eye pathology and complications related to such procedures,and contact lens fittings and related examinations,except as set forth above. 14. Maternity care,including care for complications of pregnancy and prenatal and postpartum visits. Prenatal testing for the detection of congenital and heritable disorders when Medically Necessary as determined by GHC's Medical Director,or his/her designee, and in accordance with Board of Health standards for screening and diagnostic tests during pregnancy. Hospitalization and delivery, including home births for low risk pregnancies Planned home births must be , authorized in advance by GHC. Voluntary(not medically indicated and non-therapeutic)or mvotuntary termination of pregnancy. The Member's physician,in consultation with the Member,will determine the Member's length of inpatient stay following delivery.Pregnancy will not be excluded as a Pre-Existing Condition under the Agreement Treatment for post-partum depression or psychosis is covered only under the mental health benefit. Excluded birthing tubs and genetic testing of non-Members for the detection of congenital and heritable disorders. 15. Transplant services,including heart,heart-lung,single lung,double lung,kidney,pancreas,comes, intestinal/multi-visceral,bone marrow,liver transplants and stem cell support(obtained from allogeneic or , autologous peripheral blood or marrow)with associated high dose chemotherapy. Services are limited to the following: a Inpatient and outpatient medical expenses listed below for transplantation procedures. Covered Services must be directly associated with,and occur at the time of,the transplant The following transplantation expenses are subject to the organ recipient's lifetime benefit maximums set forth in the Allowances Schedule • Evaluation testing to determine recipient candidacy, • Donor matching tests, • Hospital charges, • Procurement center fees, • Professional fees, ' • Travel costs for a surgical team, • Excision fees,and • Donor costs for a covered organ recipient are limited to procurement center fees,travel costs for a surgical team and excision fees C26115-0036900a 19 56 b. Follow-up services for specialty visits, c. Rehospitalization,and d. Maintenance medications. Excluded- donor costs to the extent that they are reimbursable by the organ donor's insurance,treatment of donor complications,living expenses and transportation expenses,except as set forth under Section IV.M. Coverage for all transplants and any related services,items and drugs shall be excluded until the Member has been continuously enrolled under the Agreement,or any prior GHC or GHO Medical Coverage Agreement,for sir(6)consecutive months without any lapse in coverage,except for children who have been continuously enrolled with GHC since birth,or if the Member requires a transplant as the result of a condition which had a sudden unexpected onset after the Member's effective date of coverage. 16. Manipulative therapy. Self-Referrals for manipulative therapy of the spine and extrermhes are covered as set forth in the Allowances Schedule when provided by GHC Providers. Additional visits are covered when approved by GHC. Excluded:supportive care rendered primarily to maintain the level of correction already achieved,care rendered primarily for the convenience of the Member, care rendered on a non-acute,asymptomatic basis and charges for any other services that do not meet GHC clinical criteria as Medically Necessary 17. Medical and surgical services and related hospital charges,including orthognathic(jaw)surgery,for the treatment of temporomandibular joint(TM3)disorders Such disorders may exlubit themselves in the form of pain,infection,disease,difficulty in speaking or difficulty in chewing or swallowing food.TMJ appliances are covered as set forth under Section IV.H.1 , Orthopedic Appliances. Orthognathic(jaw)surgery for the treatment of TMJ disorders,radiology services and TMJ specialist services,including fitting/adjustment of splints are subject to the benefit limit set forth in the Allowances Schedule. Excluded are the following- orthognathic(jaw)surgery in the absence of a TMJ or severe obstructive sleep apnea diagnosis except for congenital anomalies,treatment for cosmetic purposes,dental services, including orthodontic therapy and any hospitalizations related to these exclusions 18. Treatment of growth disorders by growth hormones. 19. Diabetic training and education. 20. Detoxification services for alcoholism and drug abuse. For the purposes of this section,"acute chenucal withdrawal"means withdrawal of alcohol and/or drugs from a Member for whom consequences of abstinence are so severe that they require medical/nursing assistance in a hospital setting,which is needed immediately to prevent serious nmpairrrient to the Member's health Coverage for acute chemical withdrawal is provided without prior approval.If a Member is hospitalized in a non-GHC Facility/program, coverage is subject to payment of the Emergency Deductible. The Member or person assuming responsibility for the Member must notify GHC by way of the GHC Notification Lille within twenty-four(24)hours following inpatient admission,or as soon thereafter as medically possible. Furthermore,if a Member is hospitalized in a non-GHC Facility/program,GHC reserves the right to require transfer of the Member to a GHC Facility/program upon consultation between a GHC Provider and the attending physician If the Member refuses transfer to a GHC Facility/program,all further costs incurred dunng the hospitalization are die responsibility of the Member. 21 Circumcision. C26115-0036900a 20 57 22 Bariatric surgery and related hospitalizations when GHC criteria are met_ Excluded:pre and post surgical nutritional counseling and telated weight loss programs,prescribing and morntoung of drugs,structured weight loss and/or exercise programs and specialized nutritional counseling 23. Sterilization procedures. 24. General anesthesia services and related facility charges for dental procedures will be covered for Members j who are under seven(7)years of age,or are physically or developmentally disabled or have a Medical Condition where the Member's health would be put at risk if the dental procedure were performed in a dentist's office Such services must be authorized in advance by GHC and performed at a GHC hospital or ambulatory surgical facility. Excluded:dentist's or oral surgeon's fees. 25. Self-Referrals to GHC acupuncturists and naturopaths for Covered Services,as set forth in the Allowances Schedule. Additional visits are covered when approved by GHC. Laboi atory and radiology services are covered only when obtained through a GHC Facility. Excluded.herbal supplements,preventive care visits to acupuncturists and any services not within the scope of their licensure. 26. Once Pre-Existing Condition wait periods,if any,have been met,Pre-Existing Conditions are covered in the same manner as any other illness. C. Chemical Dependency Treatment. Chemical dependency means an illness characterized by a physiological or psychological dependency, or both, on a controlled substance and/or alcoholic beverages,and where the user's health is substantially impaired or endangered or his/her social or economic function is substantially disrupted For the purposes of this section,the definition of Medically Necessary shall be expanded to include those services necessary to treat a chemical dependency condition that is having a clinically significant impact on a Member's emotional,social,medical and/or occupational functioning. Chemical dependency treatment services are covered as set forth below at a GHC Facility or GHC-approved treatment program,subject to the benefit period Allowance set forth in the Allowances Schedule. Any Cost Shares for chemical dependency services under the terms of the Agreement shall not be applied toward the benefit period Allowance. 1. Chemical Dependency Treatment Services.All alcoholism and/or drug abuse treatment services must be , (a)provided at a facility as described above;and(b)deemed Medically Necessary as defined above Chenucal dependency treatment may include the following services received on an inpatient or outpatient basis-diagnostic evaluation and education,organized individual and group counseling and/or prescription drugs and medicines- Court-ordered treatment shall be covered only if determined to be Medically Necessary as defined above. 2. Benefit Period.For the purposes of this section, "benefit period" shall mean a twenty-four(24)consecutive calendar month period during which the Member is eligible to receive covered chemical dependency treatment services,as set forth in this section.The first benefit period shall begin on the first day the Member receives covered ehemreal dependency services and sball continue for twenty-four(24) consecutive calendar months,provided that coverage under the Agreement remains in force Alt subsequent benefit periods thereafter will begin on the first day Covered Services are received after the expiration of the previous twenty-four(24)month benefit period. C26115-0036900a 21 58 D. Plastic and Reconstructive Services.Plastic and reconstructive services are covered asset forth below: 1. Correction of a congenital disease or congenital anomaly,as determined by a GHC Provider. A congenital anomaly will be considered to exist if the Member's appearance resulting I rom such condition is not within the range of normal human variation. 2. Correction of a Medical Condition following an injury or resulting from surgery co,,ered by GHC which has produced a major effect on the Members appearance,when in the opinion of a GHC Provider,such services can reasonably be expected to correct the condition. 3. Reconstructive surgery and associated procedures,including internal breast prostheses,following a mastectomy,regardless of when the mastectomy was performed Members will be covered for all stages of reconstruction on the non-diseased breast to make it equivalent in size with the diseased breast. Complications of covered mastectomy services,including lympliedemas,are covered. Excluded.complications of noncovered surgical services. E. Home Health Care Services. Home health care services,as set forth in this section,shall be covered when provided by and referred in advance by a GHC Provider for Members who meet the following criteria: I. The Member is unable to leave home due to his/her health problem or illness. Unwillingness to travel and/or arrange for transportation does not constitute inability to leave the home. 2. The Member requires intermittent skilled home health care services,as described below 3. A GHC Provider has determined that such services are Medically Necessary and are most appropriately rendered in the Member's home. For the purposes of this section,"skilled home health care"means reasonable and necessary care for the treatment of an illness or injury winch requires the skill of a nurse or therapist,based on the complexity of the service and the condition of the patient and which is performed directly by an appropriately licensed professional provider. Covered Services for home health care may include the following when rendered pursuant to an approved home health care plan of treatment-nursing care,physical therapy,occupational therapy,respiratory therapy, restorative speech therapy,durable medical equipment and medical social worker and limited home health aide services.Home health services are covered on an intermittent basis in the Member's home "Intermittent" means care that is to be rendered because of a medically predictable recurring need for skilled home health care services. Excluded:custodial care and maintenance care,private duty or continuous nursing care in the Member's home, housekeeping or meal services,care in any nursing home or convalescent facility, any care provided by or for a member of the patient's farmly and any other services rendered in the home which do not meet the definition of skilled home health care above or are not specifically listed as covered under the Agreement F. Hospice Care. Hospice care is covered in lieu of curative treatment for terminal illness for Members who meet all of the following criteria: • A GHC Provider has detemuned that the Member's illness is terminal and life expectancy is six(6)months or less. • The Member has chosen a palliative treatment focus(emphasizing comfort and supportive services rather than treatment aimed at curing the Member's ternimal illness). • The Member has elected in writing to receive hospice care through GHC's Hospice Program or GHC's approved hospice program. • The Member has available a primary care person who will be responsible for the Member's home care. C261 15-0036900a 22 • A GHC Provider and GHC's Hospice Director, or his/her designee,have determined that the Member's59 illness can be appropriately managed in the home. Hospice care shall mean a coordinated program of palliative and supportive care for dying Members by an interdisciplinary team of professionals and volunteers centering primarily in the Members home. 1. Covered Services.Care may include the following as prescribed by a GHC Provider and rendered pursuant to an approved hospice plan of treatment: a. Home Services i. Intermittent care by a hospice interdisciplinary team which may include services by a physician, , nurse,medical social worker,physical therapist,speech therapist,occupational therapist, respiratory therapist,limited services by a Home Health Aide under the supervision of a Registered Nurse and homemaker services. ii. Continuous care services in the Members home when prescribed by a GHC Provider, as set forth in this paragraph."Continuous care"means skilled nursing care provided in the home during a period of crisis in order to maintain the terminally ill Member at home Continuous care may be provided for pain or symptom management by a Registered Nurse, Licensed Practical Nurse or Home Health Aide undet the supervision of a Registered Nurse.Continuous care is covered up to twenty-four(24)hours per day during periods of crisis.Continuous care is covered only when a GHC Provider determines that the Member would otherwise require hospitalization in an acute care facility. b. Inpatient Hospice Services. For short-term care,inpatient hospice services shall be covered in a facility designated by GHC's Hospice Program or GHC-approved hospice program when authorized in advance by a GHC Piovider and GHC's Hospice Program or GHC-approved hospice program Inpattent respite care is covered for a maximum of five(5)consecutive days per occurrence in order to continue care for the Member in the temporary absence of the Member's primary care giver(s) c. Other covered hospice services may include the following: i. Dings and biologicals that are used primarily for the relief of pain and symptom management ii Medical appliances and supplies primarily for the relief of pain and symptom management. in Durable inedical equipment. iv. Counseling services for the Member and his/her primary care-giver(s). v. Bereavement counseling services for the family. 2. Hospice Exclusions. All services not specifically listed as covered in this section are excluded,including: a Financial or legal counseling services. b Meal services. c. Custodial or maintenance care m the home or on an inpatient basis,except as provided above. d. Services not specifically listed as covered by the Agreement. e Any services provided by members of the patient's family. f. All other exclusions listed in Section V,General Exclusions,apply. G. Rehabilitation Services. 1 Rehabilitation services are covered as set forth in this section,limited to the following-physical therapy; occupational therapy,and speech therapy to restore function following illness, injury or surgery.Services are subject to all terms,conditions and limitations of the Agreement,including the following. a All services must be provided at a GHC or GHC-approved rehabilitation facility and must be prescribed and provided by a GHC-approved rehabilitation team that may include medical,nursing, physical therapy,occupational therapy,massage therapy and speech therapy providers. b. Services are limited to those necessary to restore or improve functional abilities when physical, sensoR-percepWal and.lcr C^,mn:::n1cano, nmpatriiient exists due to injury,illness or surgery.Stich C26115-0036900a 23 60 services are provided only when GHC's Medical Director,or his/her designee,determines that significant,measurable improvement to the Member's condition can be expected within a sixty(60) day period as a consequence of intervention by covered therapy services described in paragraph a., above. c. Coverage foi inpatient and outpatient services is hrmted to the Allowance set forth in the Allowances Schedule Excluded specialty rehabilitation programs not provided by GHC, long-term rehabilitation programs; physical therapy,occupational therapy and speech theiapy services when such services are available (whether application is made or not)through programs offered by public school districts;therapy for degenerative or static conditions when the expected outcome is primarily to maintain the Member's level of functioning(except as set forth in subsection 2 below);recreational, life-enhancing,relaxation or palliative therapy,implementation of home maintenance programs,programs foi treatment of learning problems;any services not specifically included as covered in this section, and any services that are excluded under Section V 2. Neurodevelopmental Therapies for Children Age Six(6)and Under. Physical therapy,occupational therapy and speech therapy services for the restoration and improvement of function for neurodevelopmentally disabled children age six(6)and under shall be covered.Coverage includes maintenance of a covered Member in cases where significant deterioration in the Member's condition would result without the services.Coverage for mpattent and outpatient services is hunted to the Allowance set forth in the Allowances Schedule. Excluded specialty rehabilitation programs not provided by GHC,long-term rehabilitation programs; physical therapy,occupational therapy and speech therapy services when such services are available (whether application is made or not)through programs offered by public school districts,recreational, life- enhancing,relaxation or palliative therapy,implementation of home maintenance programs;programs for treatment of learning problems,any services not specifically included as covered in this section;and any services that are excluded under Section V. H. Devices,Equipment and Supplies. Devices,equipment and supplies,which restore or replace functions that are common and necessary to perform basic activities of daily living,are covered as set forth in the Allowances Schedule. Examples of basic activities of daily living are dressing and feeding oneself, maintaining personal hygiene, hftmg and gnpping in order to prepare meals and carrying groceries. 1. Orthopedic Appliances.Orthopedic appliances, which are attached to an impaired body segment for the purpose of protecting the segment or assisting in restoration or unprovernent of its function. Excluded-arch supports,including custom shoe modifications or inserts and their fittings except for therapeutic shoes, modifications and shoe inserts for severe diabetic foot disease;and orthopedic shoes that are not attached to an appliance 2. Ostomy Supplies.Ostomy supplies for the removal of bodily secretions or waste through an artificial opening. 3. Durable Medical Equipment. Durable medical equipment is equipment which can withstand repeated use,is primarily and customarily used to serve a medical purpose, is useful only in the presence of an illness or injury and used in the Member's home Durable medical equipment includes:hospital beds, wheelchairs, walkers,crutches,canes,glucose monitors,external insulin pumps,oxygen and oxygen equipment GHC,in its sole discretion, will determine if equipment is made available on a rental or purchase basis. 4. Prosthetic Devices. Prosthetic devices are items which replace all or part of an external body part,or function thereof iWhen authorized in advance,repair,adjustment or replacement of appliances and equipment is covered. C261 15-0036900a 24 Excluded:items which are not necessary to restore or replace functions of basic activities of daily living; Al replacement or repair of appliances,devices and supplies due to loss, breakage from willful damage, neglect or wrongful use,or due to personal preference I. Tobacco Cessation.When provided through GHC,services related to tobacco cessation are covered, limited to: 1. Participation in one individual or group program per calendar year; 2. Educational materials,and 3. One course of nicotine replacement therapy per calendar year,provided the Member is actively participating in a GHC-designated tobacco cessation program. J. Drugs,Medicines,Supplies and Devices. This benefit,for purposes of creditable coverage,is actuarially equal to or greater than the Medicare Part D prescription drug benefit.Eligible Members who are also eligible for Medicare Part D pbarmacy benefits can remain covered under the Agreement and not be subject to Medicare-imposed late enrollment penalties should they decide to enroll in a Medicare Part D pharmacy plan at a later date The Agreement may include Medicare Part D pharmacy benefits as part of the GHC Medicare Advantage Plan required for Medicare eligible Members who live in the GHC Medicare Advantage Service Area. See Section III.D.for more information A Member who discontinues coverage under the Agreement must meet eligibility requirements in order to re- enroll. Legend medications are drugs which have been approved by the Food and Drug Administration(FDA)and which can,under federal or state law,be dispensed only pursuant to a prescription order. These drags, including off-label use of FDA-approved drugs(provided that such use is documented to be effective in one of the standard reference compendia;a majority of well-designed clinical trials published in peer-reviewed medical literature document improved efficacy or safety of the agent over standard therapies,or over placebo if no standard therapies exist;or by the federal secretary of Health and Human Services),contraceptive drugs and devices and their fitting,diabetic supplies,including insulin syringes,lancets,urine-testing reagents,blood- glucose monitoring reagents and insulin,are covered as set forth below. All drugs,supplies,medicines and devices must be prescribed by a GHC Provider for conditions covered by the Agreement,obtained at a GHC pharmacy and,unless approved by GHC in advance,be listed in the GHC drug formulary- The prescription drug Cost Share,as set forth in the Allowances Schedule,applies to each thirty (30)day supply. Cost Shares for single and multiple thirty(30)day supplies of a given prescription are payable at the tune of delivery. lnjectables that can be self-adrmnistered are also subject to the prescription drug Cost Share Drug formulary(approved drug list) is defined as a list of preferred pharmaceutical products,supplies and devices developed and maintained by GHC. Generic drugs will be dispensed whenever available.Brand name drugs will be dispensed if there is not a generic equivalent.In the event the Member elects to purchase brand-name drugs instead of the generic equivalent(if available),or of the Member elects to purchase a different brand-name or generic drug than that prescribed by the Member's Provider,and it is not deterauned to be Medically Necessary,the Member will also be subject to payment of the additional amount above the applicable pharmacy Cost Share set forth in the Allowances Schedule. A generic drug is defined as a drug that is the pharmaceutical equivalent to one or more brand name drugs. Such generic drugs have been approved by the Food and Drug Administration as meeting the same standards of safety,purity,strength and effectiveness as the brand name drug. A brand name drug is defined as a prescription drug that has been patented and is only available through one manufacturer "Standard reference compendia"means the American Hospital Formulary Service-Drug Information,the American Medical Association Drug Evaluation,the United States Pliarmacopoeia-Drug Information,or other authoritative compendia as identified from time to time by the federal secretary of Health and Human Services. "Peer-reviewed medical literature"means scientific studies piinted in healthcare journals or other publications in which original manuscripts ate published only after having been critically reviewed for scientific accuracy, validity and reliability by unbiased independent experts Peer-reviewed medical literature does not include tin- ' house publications of pharmaceutical manufacturing companies. C261 15-0036900a 25 ' 62 Excluded over-the-counter drugs,medicines,supplies and devices not requiring a prescription understate law or regulations, drugs used in the treatment of sexual dysfunction disorders,medicines and injections for anticipated illness while traveling;vitamins,including Legend(prescription)vitamins;and any other drugs, medicines and injections not listed as covered in the GHC drug formulary unless approved in advance by GHC as Medically Necessary. The Member will be charged for replacing lost or stolen drugs,medicines or devices The Member's Right to Safe and Effective Pharmacy Services. State and federal laws establish standards to assure safe and effective pharmacy services,and to guarantee Members'right to know what drugs are covered under the Agreement and what coverage limitations are in the Agreement. Members who would like more information about the drug coverage policies under the Agreement, or have a question or concern about their pharmacy benefit,may contact GHC at(206)901A636 or(888)901- 4636. Members who would like to know more about their rights under the law,or think any services received while enrolled may not conform to the terms of the Agreement,may contact the Washington State Office of Insurance Commissioner at(800)562-6900. Members who have a concern about the pharmacists or pharmacies serving them,may call the Washington State Department of Health at I(800)525-0127. K. Mental Health Care Services. GHC and Washington State law have established standards to assure the competence and professional conduct of mental health set vice providers,to guarantee Members'rights to informed consent to treatment,to assure the privacy of their medical information,to enable Members to know which services ate covered under the Agreement and to know the limitations on their coverage Members who would like a more detailed description than is provided here of covered benefits for mental health services under the Agreement,or have questions or concerns about any aspect of their mental health benefits,may contact GHC at(888)901 4636 Members who would like to know more about their rights under the law,or think any services receiv ed while enrolled may not conform to the terms of the Agreement or their rights under the law,may contact the Washington State Office of the Insurance Commissioner at(800)562-6900 Members who have a concern about the qualifications or professional conduct of their mental health provider may call the Washington State Department of Health at 1 (800)525-0127. Services that are provided by a mental health practitioner will be covered as mental health care,regardless of the cause of the disorder 1. Outpatient Services.Outpatient mental health services place priority on restoring the Member to his/her level of functioning prior to the onset of acute symptoms or to achieve a clinically appropriate level of stability as determined by GHC's Medical Director,or his/her designee Treatment for clinical conditions may utilize psychiatric,psychological and/or psychotherapy services to achieve these objectives. Coverage for each Member is provided according to the outpatient mental health care Allowance set forth in the Allowances Schedule Psychiatric medical services,including medical management and prescriptions,are covered as set forth in Sections IV.B.and IV J. 2. Inpatient Services.Charges for services described in this section,including psychiatric Emergencies resulting in inpatient services,shall be covered up to the maximum benefit set forth in the Allowances Schedule.This benefit shall include coverage for acute treatment and stabilization of psychiatric Emergencies in GHC-approved hospitals When medically mdicated,outpatient electro-convulsive therapy (ECT)is covered in lieu of inpatient services.Coverage for services incurred at non-GHC Facilities shall exclude any charges that would otherwise be excluded for hospitalization within a GHC Facility. Partial hospitalization is covered subject to the maximum inpatient benefit limit described in the Allowances Schedule.Every two(2)partial hospitalization days are equivalent to one inpatient hospital day The total maximum annual benefit under this section shall not exceed the number of inpatient days described in the Allowances Scledule C261 15-0036900a 26 I 63 Subject to the maximum inpatient mental health care Allowance set forth in the Allowances Schedule, services provided under involuntary commitment statutes shall be covered at facilities approved by GHC. Services for any involuntary court-ordered treatment program beyond seventy-two(72)hours shall be covered only if determined to be Medically Necessary by GHC's Medical Director,or his/her designee. Coverage for voluntary/involuntary Emergency inpatient psychiatnc services is subject to the Emergency care benefit set forth in Section IV.L,including the twenty-four(24)hour notification and transfer provisions. Outpatient electro-convulsive therapy treatment is covered subject to the outpatient surgery Cost Share. 3. Exclusions and Limitations for Outpatient and Inpatient Mental Health Treatment Services. Covered Services aie limited to those authorized by GHC's Medical Director,or his/her designee,for covered clinical conditions for which,the reduction or removal of acute clinical symptoms or stabilization can be expected given the most clinically appropriate level of mental health care intervention Partial hospitalization programs are covered only under subsection K.2.(Inpatient Services). Excluded:learning,communication and motor skills disorders;mental retardation;academic or career counseling;sexual and identity disorders;and personal growth or relationship enhancement. Also excluded assessment and treatment services that are primarily vocational and academic,court-ordered or forensic treatment,mcludmg reports and summaries,not considered Medically Necessary;work or school ordered assessment and treatment not considered Medically Necessary;counseling for overeating;nicotine related disorders,relationship counseling or phase of life problems(V code only diagnoses),and custodial care. Any other services not specifically listed as covered in this section All other provisions,exclusions and limitations under the Agreement also apply. L. Emergency/Urgent Care. All services are covered subject to the Cost Shares set forth in the Allowances Schedule. Emergency Care(See Section VHI.for a definition of Emergency) 1. At a GHC Facility.GHC will cover Emergency care for all Covered Services. 2. At a Non-GHC Facility.Usual,Customary and Reasonable charges for Emergency care for Covered Services are covered subject to: a Payment of the Emergency care Deductible;and b. Notification of GHC byway of the GHC Notification Line within twenty-four(24)hours following inpatient admission,or as soon thereafter as medically possible. 3. Waiver of Emergency Care Cost Share. a. Waiver for Multiple Injury Accident.If two or more Members in the same Family Unit require Emergency care as a result of the same accident,coverage for all Members will be subject to only one (1)Emergency care Cost Share- b. Emergencies Resulting in an Inpatient Admission.If the Member is admitted to a GHC Facility directly from the emergency room,the Emergency care Copayment is waived However, coverage will be subject to the inpatient services Cost Share. 4. Transfer and Follow-up Care.lfa Member is hospitalized in anon-GHC Facility,GHC reserves the right to require transfer of the Member to a GHC Facility,upon consultation between a GHC Provider and the attending physician.If the Member refuses to transfer to a GHC Facility,all further costs incurred during the hospitalization are the responsibility of the Member. C26115-0036900a 27 64 Follow-up care, which is a direct result of the Emergency must be obtained from GHC Providers,unless a iGHC Provider has authorized such follow-up care from a non-GHC Provider in advance. Urgent Care(See Section VIII.for a definition of Urgent Condition.) Inside the GHC Service Area,care for Urgent Conditions is covered only at GHC medical centers,GHC urgent care clinics or GHC Providers'offices,subject to the applicable Cost Share Urgent care received at any hospital emergency department is not covered unless authorized in advance by a GHC Provider Outside the GHC Service Area,Usual,Customary and Reasonable charges are covered for Urgent Conditions received at any medical facility,subject to the applicable Cost Share. iM. Ambulance Services. Ambulance services are covered as set forth below,provided that the service is authorized in advance by a GHC Provider or meets the definition of an Emergency(see Section VIII.). 1. Emergency Transport to any Facility.Each Emergency is covered asset forth in the Allowances Schedule. 2. Interfacility Transfers.GHC-initiated non-emergent transfers to or from a GHC Facility are covered as set forth m the Allowances Schedule. N. Skilled Nursing Facility(SNF). Skilled nursing care in a GHC-approved skilled nursing facility when full- time skilled nursing care is necessary in the opinion of the attending GHC Provider,is covered as set forth in the Allowances Schedule. When prescribed by a GHC Provider,such care may include room and board;general nursing care;drugs, biologicals,supplies and equipment ordinarily provided or arranged by a skilled nursing facility;and short-term physical therapy,occupational therapy and restorative speech therapy. Excluded:personal comfort items such as telephone and television,rest cures and custodial,domiciliary or convalescent care Section V. General Exclusions In addition to exclusions listed throughout the Agreement, the following are not covered: 1. Services or supplies not spectficalty listed as covered in the Schedule of Benefits,Section IV. 2. Except as specifically listed and identified as covered in Sections IV.B.,N.D,W.H.and N.J.,corrective appliances and artificial aids including:eyeglasses,contact lenses and services related to their fitting; hearing devices and hearing aids,including related examinations,take-home drugs,dressings and supplies following hospitalization;and any other supplies,dressings,appliances,devices or services which are not specifically listed as covered in Section N. 3. Cosmetic services, including treatment for complications resulting from cosmetic surgery,except as provided in Section IV.D. j4. Convalescent or custodial care. 5. Durable medical equipment such as hospital beds,wheelchairs and walk-aids,except while in the hospital or as set forth in Section IV.B ,IV.E,IV.F.or IV.H. 6. Services rendered as a result of work-related injuries,illnesses or conditions, including injuries,illnesses or conditions incurred as a result of self-employment. 7 Those parts of an examination and associated reports and immunizations required for employment,unless otherwise noted in Section IV.B,imnngration,license,travel or insurance purposes that are not deemed Medically Necessary by GHC for early detection of disease. C26115-0036900a 28 8. Services and supplies related to sexual reassigmnent surgery,such as sex change operations or 65 transformations and procedures or treatments designed to alter physical characteristics. 9. Diagnostic testing and medical treatment of sterility,infertility and sexual dysfunction,regardless of origin or cause,unless otherwise noted in Section IV B. 10. Any services to the extent benefits are"available"to the Member as defined herein under the terms of any vehicle,homeowner's,property or other insurance policy,except for individual or group health insurance, whether the Member asserts a claim or not,pursuant to medical coverage,medical"no fault"coverage, Personal Injury Protection coverage or similar medical coverage contained in said policy For the purpose of this exclusion,benefits shall be deemed to be"available"to the Member if the Member is a named insured,comes within the policy definition of insured, or otherwise has the right to receive first party benefits under the policy The Member and his/her agents must cooperate fully with GHC in its efforts to enforce this exclusion. This cooperation shall include supplying GHC with information about any available insurance coverage. The Member and his/her agents shall pen-nit GHC,at GHC's option,to associate with the Member or to intervene in any action filed against any party related to the injury. The Member and his/her agents shall do nothing to prejudice GHC's nght to enforce this exclusion.In the event the Member fails to cooperate fully,the Member shall be responsible for reimbursing GHC for such medical expenses. GHC shall not enforce this exclusion as to coverage available under uninsured motorist or underinsured motorist coverage until the Member has been made whole,unless the Member fads to cooperate hilly with GHC as described above. GHC shall not pay any attorneys' fees or collection costs to attorneys representing the injured person where it has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written fee agreement signed by GHC prior to any collection efforts Under no circumstances will GHC pay legal fees for services which were not reasonably and necessarily incurred to secure recovery and/or which do not benefit GHC. 11. Voluntary(not medically indicated and nontherapeutic)termination of pregnancy,unless otherwise noted in Section IV B. 12. The cost of services and supplies resulting from a Member's loss of or willful damage to appliances, devices,supplies and materials covered by GHC for the treatment of disease,injury or illness. 13. Orthoptic therapy(i e,eye training)_ 14. Specialty treatment programs such as weight reduction,"behavior modification programs"and rehabilitation,including cardiac rehabilitation. 15 Services or care needed for injuries or conditions resulting from active or reserve military service, whether such injuries or conditions result from rear or otherwise. This exclusion will not apply to conditions or injuries resulting front previous military service unless the condition has been determined by the U.S. Sea etary of Veterans Affairs to be a condition or injury incurred during a period of active ditty. Further,this exclusion will not be interpreted to interfere with or preclude coordination of benefits under Tri-Care. 16. Nontherapeutic sterilization,unless otherwise noted in Section N.B.,and procedures and services to reverse a therapeutic or nontherapeutic sterilization. 17. Dental care,surgery,services and appliances,including:treatment of accidental injury to natural teeth, reconstructive surgery to the jaw in preparation for dental implants,dental implants,periodontal surgery and any other dental services not specifically listed as covered in Section IV GHC's Medical Director,or his/her designee, will determine whether the care or treatment required is within the category of dental care or service. C26115-0036900a 29 66 18. Dings,medicines and injections,except as set forth in Section IV.J. Any exclusion of drugs,medicines and injections,including those not listed as covered in the GHC drug formulary(approved drug list),will also exclude their administration. 19. Experimental or investigational services. GHC consults with GHC's Medical Director and then uses the criteria described below to decide if a particular service is experimental or investigational ia. A service is considered experimental or investigational for a Member's condition if any of the following statements apply to it at the time the service is or will be provided to the Member. i. The service cannot be legally marketed in the United States without the approval of the Food and Drug-Administration ("FDA")and such approval has not been granted ii. The service is the subject of a current new drug or new device application on file with the FDA. iir The service is provided as part of a Phase I or Phase II clinical trial,as the experimental or research arm of a Phase III clinical trial,or in any other manner that is intended to evaluate the safety,toxicity or efficacy of the service iv. The service is piovided pursuant to a written protocol or other document that lists an evaluation of the service's safety,toxicity or efficacy as among its objectives. v. The service is under continued scientific testing and research concerning the safety,toxicity or efficacy of services vi. The service is provided pursuant to informed consent documents that describe the service as experimental or investigational,or in other terms that indicate that the service is being evaluated for its safety,toxicity or efficacy. vii. The prevailing opinion among experts,as expressed in the published authoritative medical or scientific literature, is that(1)the use of such service should be substantially confined to research settings,or(2)further research is necessary to determine the safety,toxicity or efficacy of the service. b. In making determinations whether a service is experimental or investigational,the following sources of information will be relied upon exclusively. i. The Member's medical records, ii. The written protocol(s)or other document(s)pursuant to which the service has been or will be provided, in Any consent document(s)the Member or Member's representative has executed or will be asked to execute,to receive the service, iv The files and records of the Institutional Review Board(IRS)or sunilar body that approves or reviews research at the institution where the service has been or will be provided,and other information concerning the authority or actions of the IRB or sinular body, v. The published authoritative medical or scientific literature regarding the service,as applied to the Member's illness or injury,and vi. Regulations,records,applications and any other documents or actions issued by, filed with or taken by,tire FDA or other agencies within the United States Department of Health and Human Services,or any state agency perfomung similar functions Appeals regarding denial of coverage can be submitted to the Member Appeals Department,or to GHC's Medical Director at P O Box 34593,Seattle,WA 98124-1593 GHC will respond in writing within twenty (20)working days of the receipt of a fully documented appeal request.An expedited appeal is available if a delay would jeopardize the Member's life or health 20. Mental health care,except as specifically provided in Section IV.K. 21. Hypnotherapy,and all services related to hypnotherapy. 22. Genetic testing and related services,unless determined Medically Necessary by GFIC's Medical Director, or his/her designee,and in accordance with Board of Health standards for screening and diagnostic tests,or specifically provided in Section IV.B. Testing for non-Members is also excluded. C26115-0036900a 30 23. Follow-up visits related to a non-Covered Service. 67 24. Fetal ultrasound in the absence of inedncal indications. 25. Routine foot care, except in the presence of a non-related Medical Condition affecting the lower limbs. 26. Complications of non-Covered Services. i 27. Obesity treatment and treatment for morbid obesity,including any medical services,drugs,supplies or any bariatric surgery(such as gastroplasty,gastric banding or intestinal bypass),regardless of co- atorbidities,complications of obesity or any other Medical Condition,except as set forth in Section W.B. 28 Services or supplies for which no charge is made,or for which a charge would not have been made if the Member had no health care coverage or for which the Member is not liable,services provided by a member of the Member's family. 29. Autopsy and associated expenses. 30. Services provided by government agencies,except as required by federal or state law. 31. Services related to temporomandibular joint disorder(TMJ)and/or associated facial pain or to correct congenital conditions, including bite blocks and occlusal equilibration,except as specified as covered in Section IV.B. 32 Services covered by the national health plan of any other country. 33. Pre-Existing Conditions,except as specifically provided in Section IV.B.26. Section VI. Grievance Processes for Complaints and Appeals The grievance processes to express a complaint and appeal a denial of benefits are set forth below. Filing a Complaint or Appeal The complaint process is available for a Member to express dissatisfaction about customer service or the quality or availability of a health service. The appeals process is available for a Member to seek reconsideration of a denial of benefits. Complaint Process Step 1: The Member should contact the person involved,explain His/her concerns and what he/she would like to have done to resolve the problem The Member should be specific and make his/her position clear Step 2: If the Member is not satisfied,or if he/she prefers not to talk with the person involved,the Member should , call the department head or the manager of the medical center or department where he/she is having a problem. That person will investigate the Member's concerns Most concerns can be resolved in this way. Step 3: If the Member is still not satisfied,he/she should call the GHC Customer Service Center toll free at(888) 90tA636. Most concerns are handled by phone within a few days. In some cases the Member will be asked to write down his/her concerns and state what he/she thinks would be a fair resolution to the problem A Customer Service Representative or Member Quality of Care Coordinator will investigate the Member's concern by consulting with urvolved staff and their supervisors,and reviewing pertinent records,relevant plan policies and the Member Rights and Responsibilities statement. This process can take up to thirty(30)days to resolve after receipt of the Member's written statement If the Member is dissatisfied with the resolution of the complaint,he/she may contact the Member Quality of Care Coordinator or the Customer Service Center. C26115-0036900a 31 68 Appeals Process Step 1:If the Member wishes to appeal a decision denying benefits,he/she must submit a request for an appeal either orally or m writing to the Member Appeals Department, specifying why he/she disagrees with the decision. The appeal must be submitted within 180 days of the denial notice he/she received If the Member is located west of the Cascade Mountains,appeals should be directed to GHC's Member Appeals Department,P.O Box 34593, Seattle,WA 98124-1593,(206)901-7350 or toll free(888)901-4636;or if the Member is located east of the Cascade Mountains,to GHC's Member Appeals Department,P.O.Box 204, Spokane,WA 99210-0204,(509)241- 7622 or toll free(888)901-4636. An Appeals Coordinator will review initial appeal requests GHC will then notify the Member of its determination or need for an extension of time within fourteen(14)days of receiving the request for appeal. Under no circumstances will the review timeframe exceed thirty(30)days without the Member's written permission. I If the appeal request is for an experimental or investigational exclusion or limitation,GHC will make a determination and notify the Member m writing within twenty(20)working days of receipt of a fully documented request. hi the event that additional time is required to make a determination,GHC will notify the Member in writing that an extension in the review timeframe is necessary. Under no circumstances will the review tnmeframe exceed twenty(20)days without the Member's written permission. There is an expedited appeals process in place for cases,which meet criteria or where the Member's provider believes that the standard thirty(30)day appeal review process will seriously jeopardize the Member's life,health or ability to regain maximum finiction or subject the Member to severe pain that cannot be managed adequately without the requested care or treatment The Member can request an expedited appeal in writing to the above address,or by callmg GHC's Member Appeals Department in western Washington at(206)901-7350 or toll free (888)901-4636,or m eastern Washington at(509)241-7622 or toil free(888)901-4636 The Member's request for an expedited appeal will be processed and a decision issued no later than seventy-two(72)hours after receipt. Step 2:If the Member is not satisfied with the decision in Step 1 regarding a denial of benefits,or if GHC fails to grant or reject the Member's request within the applicable required thneframe,helshe may request a second level review by an external independent review organization as set forth under subsection A. belom The Member may also choose to pursue review by an appeals committee prior to requesting a review by an independent review organization as set forth under subsection B. below. This is not a required step in the appeals process. A. Request a review by an independent review organization.An independent review organization is not legally affiliated or controlled by GHC. Once a decision is made through an independent review organization,the decision is final and cannot he appealed through GHC. * A request for a review by an independent review organization must be made within 180 days after the date of the Step 1 decision notice,or within 180 days after the date of a GHC appeals committee decision notice. B. Request an optional bearing by the GHC appeals committee: The appeals committee bearing is an informal process. The hearing will be conducted within thirty(30) working days of the Member's request and notification of the appeal committee's decision will be mailed to the Member within five(5) working days of the hearing. Members electing the appeals committee maintain their right to appeal farther to an independent review organization as set forth in paragraph A. above. Review by the appeals committee is not available if the appeal request is for all experimental or investigational exclusion or lundation. A request for a hearing by the appeals committee must be made within thirty(30)days after the date of fire Step 1 decision notice. If the Member is located west of the Cascade Mountains,the request can be mailed to GHC's Member Appeals Department,P.O Box 34593,Seattle,WA 98124-1593,or if the Member is located east of the Cascade Mountains,to GHC's Member Appeals Department,P.O.Box 204,Spokane,WA 99210-0204. C261 15-0036900a 32 *If the Member's health plan is governed by the Employee Retirement Income Security Act,known as"ERiSA'69 (most employment related health plans,other than those sponsored by governmental entities or churches-ask employer about plan),the Membei has the right to file a lawsuit under Section 502(a)of ERISA to recover benefits due to the Member under the plan at any point after completion of Step I of the appeals process.Members may have other legal rights and remedies available under state or federal law Section VII. General Provisions A. Coordination of Benefits 1. Benefits Subject to This Provision.As described in subsection 6 below,all benefits provided under the Agreement are subject to the provisions listed in this section. 2. Definitions. a. Plan.The definition of a "plan"includes the following sources of benefits or services: i Individual,group or blanket disability insurance policies and health care service contractor and health maintenance organization group or individual agreements,issued by insurers,health care service contractors and health maintenance organizations, ii. Labor-management trusteed plans,labor organization plans,employer organization plans or employee benefit organization plans; iii. Governmental programs;and ry Coverage required or provided by any statute. The term"plan"shall be construed separately with respect to each policy,agreement or other arrangement fon benefits or services,and separately with respect to the respective portions of any such policy,agreement or other arrangement which do and which do not reserve the right to take the benefits or services of other policies,agreements or other arrangements into consideration in determining benefits b. Allowable Expense."Allowable expense"means any Usual,Customary and Reasonable items of expense at least a portion of which is covered under at least one of the plans covering the person for whom the claim is made.When a plan provides benefits in the form of services rather than cash payments,the reasonable cash value of each service rendered shall be considered an allowable expense. c. Claim Determination Period."Claim determination period"means a calendar year,except the Member's first claim determination period shall begin on the Member's effective date of coverage under the Agreement and end on December 31 of that same calendar year.In no event will a claim determination period for any Member extend beyond the last day the Member is covered under the Agreement. 3. Right to Receive and Release Information.For the purpose of determining the applicability of and implementing this provision and any provision of smular purpose in any other plan,GHC may, with any consent necessary,release to or obtain from any other insurer,organization or person any information, regarding any person which GHC considers necessary for such purpose.Any Member claiming benefits under the Agreement shall provide GHC with the information necessary for such purpose. 4. Facility of Payment.Whenever coverage has been provided or paid for under any other plan which should have been provided under the Agreement in accordance with this provision,GHC shall have the right, exercisable alone and in its sole discretion,to pay over to any plan making such payments any amounts GHC shall determine to be warranted in order to satisfy tine intent of this provision Amounts so paid shall be considered as coverage or benefits paid under the Agreement and,to the extent of such payments,GHC shall be fully discharged from liability under the Agreement C26115-0036900a 33 t 70 5. Right of Recovery.Whenever benefits have been provided by GHC with respect to allowable expenses in total amount,at any time,in excess of the maximum amount of payment necessary at that time to satisfy the intent of this provision,GHC shall have the right to recover the reasonable cash value of such benefits, to the extent of such excess,from one or more of the following,as GHC shall determine_any persons to or for or with respect to whom such benefits were provided,any other insurers,service plans,other organizations or other plans. 6. Effect on Benefits. a This provision shall apply in determining the benefits for a Member covered under the Agreement for a particular claim determination period if,for the allowable expenses incurred by the Member during such period,the sum of: 1 i. The reasonable cash value of the benefits that would be provided under the Agreement in the absence of this provision,and ii. The benefits that would be payable under all other plans in the absence therein or provisions of similar purpose to this provision would exceed such allowable expenses. b. As to any claim determination period with respect to which this provision is applicable,the reasonable cash value of the benefits provided under the Agreement in the absence of this provision for the allowable expenses incurred as to such person during such claim determination period shall be reduced to tine extent necessary so that the sum of the reasonable cash value of benefits and all benefits payable for such allowable expenses under all other plans, except as provided in subparagraph c of this section,shall not exceed the total of such allowable expenses Benefits payable under another plan include benefits that would have been payable had a claim been duly made therefor In deternunmg liability under this paragraph,GHC is not required,and will not take into consideration,Deductibles, Copayments or other Cost Share provisions c. If another plan which is involved in subparagraph b.of this section and which contains a provision coordinating its benefits with those of the Agreement would,according to its rules,determine its benefits after the benefits of this plan have been determined, and the rules set forth in subparagraph d. of this section would require the Agreement to determine its benefits before such other plan, then the benefits of such other plan will be ignored for the purposes of detemumng the benefits under the Agreement. d. For the purposes of subparagraph c,of this section,the rules establishing the order of benefit determination are• i. The benefits of a plan which covers the person on whose expenses a claim is based as a Subscriber shall be determined before the benefits of a plan which covers such person as a Dependent. it If a Dependent is covered under both parents'medical plans, the benefits of the plan of the parent whose birthday,excluding year,falls earlier in the calendar year are determined before those of the plan of a parent whose birthday,excluding year,falls later in the calendar year. a) When the parents are separated or divorced and the parent with custody of the child has not j remarried,the benefits of a plan which covers the child as a Dependent of the parent with custody of the child will be determined before the benefits of a plan which covers the child as a Dependent of the parent without custody,and b) When the parents are divorced and the parent with custody of the child has remarried,the benefits of a plan which covers the child as a Dependent of the parent with custody shall be determined before the benefits of a plan which covers that child as a Dependent of the stepparent, and the benefits of a plan which covers that child as a Dependent of the stepparent will be determined before the benefits of a plan which covers that child as a Dependent of the parent without custody. Notwithstanding items a)and b)above,if there is a court decree which would otherwise establish financial responsibility for the health care expenses of the child,the benefits of a plan which C26115-0036900a 34 covers the child as a Dependent of the parent with such financial responsibility shall be 71 deternned before the benefits of any other plan which covers the child as a Dependent. iii. When rules i and it do not establish an order of benefit deternimation,the benefits of a plan which has covered the person on whose expenses claim is based for the longer period of time shall be determined before the benefits of a plan which has covered such person the shorter period of time,provided that- a) The benefits of a plan covering the person as a laid off or retired employee,or Dependent of such person shall be determined after the benefits of any other plan covering such person as an employee,other than a laid off or retired employee,or Dependent of such person,and b) If ei8iei plan does not have a provision regarding laid off or retired employees,which results in each plan deterrrumug its benefits after the other,then the provisions of a)of this subsection shall not apply. iv. If none of the above rules determines the order of benefits,the benefits of the plan which covered j an employee,Member or Subscriber for the longer period of time shall be determined before those of the plan which covered that person for the shorter time period. e. When this provision operates to reduce the total amount of benefits otherwise to be provided to a person covered under the Agreement during any claim deterrmnation period,the reasonable cash value of each benefit that would be provided In the absence of this provision shall be reduced proportionately and such reduced amount shall be charged against any applicable benefit limit of the Agreement 7. Effect of Medicare. Members Residing Outside the GHC Medicare Advantage Service Area. Medicare primary/secondary payer guidelines and regulations will detemune primary/secondary payer status. When GHC renders care to a Member who is eligible for Medicare benefits,and Medicare is deemed to be the primary bill payer under Medicare primary/secondary payer guidelines and regulations,GHC will seek Medicare iemnbursement for all Medicare covered services. B. Subrogation and Reimbursement Rights 77re benefits under this Agreement will be available to a Hember for'Utility or illness caused by another patty,subject to the exclusions and limitations ofthis Agreement If GHC provides benefits under this Agreement for the treatment of the injury or illness, GHC will be subrogatod to any rights that the Hember may have to recover compensation or damages related to the injury or illness. This section VIZB. more fit1 v describes GHC's subrogation and reimbursement rights. "Injured Person"under this section means a Member covered by the Agreement who sustains an injury and any spouse,dependent or other person or entity that may recover on behalf of such Member,including the estate of the Member and,if the Member is a minor,the guardian or parent of the Member.When referred to in this section,"GHC's Medical Expenses"means the expense incurred and the reasonable value of the services provided by GHC for the care or treatment of the injury sustained by the Injured Person. If the Injured Person's injuries were caused by a third party giving rise to a claim of legal liability against the third party and/or payment by the third party to the Injured Person and/or a settlement between the third party and the Injured Person, GHC shall have the right to recover GHC's Medical Expenses from any source , available to the Injured Person as a result of the events causing the injury,including but not limited to funds available through applicable third party liability coverage and uninsured/undennsured motorist coveiage This right is commonly referred to as"subrogation"GHC shall be subrogated to and may enforce all rights of the Injured Person to the extent of GHC's Medical Expenses. GHC's subrogation and reimbursement rights shall be linnited to the excess of the amount required to fully compensate the Injured Person for the loss sustained,including general damages. However, in the case of Medicare Advantage Members,GHC's tight of subrogation shall be the full amount of GHC's Medical Expenses and is lnir-ited only as required by Medicare C26115-0036900a 35 ' 72 Subject to the above provisions,if the Injured Person is entitled to or does receive money from any source as a result of the events causing the injury, including but not limited to any party's liability insurance or uninsurediunderinsured motorist funds,then GHC's Medical Expenses provided or to be provided to the Injured Person are secondary,not primary. As a condition of receiving benefits under the Agreement,the Injured Person agrees that acceptance of GHC services is constructive notice of this pi ovision in its entirety and agrees to reimburse GHC for the benefits the Injured Person received as a result of the events causing the injury The Injured Person and his/her agents shall cooperate fidly with GHC in its efforts to collect GHC's Medical Expenses This cooperation includes,but is not limited to,supplying GHC with information about any thud parties,defendants and/or insurers related to the Injured Person's claim and informing GHC of any settlement 1 or other payments relating to the Injured Person's injury The Injured Person and his/her agents shall permit GHC,at GHC's option,to associate with the Injured Person or to intervene in any legal,quasi-legal,agency or any other action or claim filed.If the Injured Person takes no action to recover money from any source, then the Injured Person agrees to allow GHC to initiate its own direct action for reimbursement or subrogation, including,but not limited to,billing the Injured Person directly for GHC's Medical Expenses. The Injured Person and his/her agents shall do nothing to prejudice GHC's subrogation and reimbursement I rights The Injured Person shall promptly notify GHC of any tentative settlement with a third party and shall not settle a claim without protecting GHC's interest If the Injured Person fails to cooperate fully with GHC in recovery of GHC's Medical Expenses,the Injured Person shall be responsible for directly reimbursing GHC for GHC's Medical Expenses and GHC retains the right to bill the Injured Person directly for GHC's Medical Expenses. To the extent that the Injured Person recovers funds from any source that may serve to compensate for medical ` injuries or medical expenses,the Injured Person agrees to hold such monies in trust or in their possession until GHC's subrogation and reimbursement rights are fully determined. GHC shall not pay any attorney's fees or collection costs to attorneys representing the Injured Person unless 1 there is a written fee agreement signed by GHC prior to any collection efforts When reasonable collection costs have been incurred with GHC's prior written agreement to recover GHC's Medical Expenses, there shalt be an equitable apportionment of such collection costs between GHC and the Injured Person subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC Under no circumstance will GHC pay legal fees for services which were not reasonably and necessarily incurred to secure recovery, which do not benefit GHC or where no written fee agreement has been entered into with GHC To the extent the provisions of this Subrogation and Reimbursement section are deemed governed by F.RISA, implementation of this section shall be deemed a part of claims administration under the Agreement and GHC shall therefore have sole discretion to interpret its terms. C. Miscellaneous Provisions 1. Identification Cards.GHC will furnish cards,for identification purposes only,to all Members enrolled under the Agreement. 2. Administration of Agreement.GHC may adopt reasonable policies and procedures to help in the administration of the Agreement GHC reserves the right to construe the provisions of the Agreement and to make all deternunations regarding benefit entitlement and coverage. 3. Modification of Agreement.No oral statement of any person shall modify or otherwise affect the benefits, limitations and exclusions of the Agreement, convey or void any coverage,increase or reduce any benefits under the Agreement or be used in the prosecution or defense of a claim under the Agreement. 4. Confidentiality. GHC and the Group shall keep Member information strictly confidential and shall not disclose any infoirriation to any third party other than:(i)representatives of the receivingparty(as permitted by applicable state and federal law)who have a need to know such information in order to perform the services required of such party pursuant to the Agreement,or for the proper management and administration of the receiving party,provided that such representatives are informed of the confidentiality provisions of the Agreement and agree to abide by them,(u)pursuant to court order or(in)to a designated C26115-0036900a 36 public official or agency pursuant to the requirements of federal,state or local law,statute,rule or 73 regulation 5. Nondiscrimination.GHC does not discriminate on the basis of physical or mental disabilities in its employment practices and services. Section VIII. Definitions Agreement: The Medical Coverage Agreement between GHC and the Group Allowance: The maximum amount payable by GHC for certain Covered Services under the Agreement, as set forth in the Allowances Schedule , Coinsurance: The percentage amount the Member and GHC are required to pay for Covered Services received under the Agreement. Percentages for Covered Services are set forth in the Allowances Schedule. Contracted Network Pharmacy: A pharmacy that has contracted with GHC to provide covered legend r (prescription)drugs and medicines for outpatient use under the Agreement Copayment: The specific dollar amount a Member is required to pay at the time of service for certain Covered Services under the Agreement,as set forth in the Allowances Schedule. Cost Share: The portion of the cost of Covered Services the Member is liable for under the Agreement. Cost Shares for specific Covered Services are set forth in the Allowances Schedule Cost Share includes Copayments, Comsurances and/or Deductibles Covered Services: The services for which a Member IS entitled to coverage under the Agreement. Deductible: A specific amount a Member is required to pay for certain Covered Services before benefits are payable under the Agreement The applicable Deductible amounts are set forth in the Allowances Schedule. Dependent: Any member of Subscriber's family who meets all applicable eligibility requirements,is enrolled hereunder and for whom the premium prescribed in the Premium Schedule has been paid. Emergency: The emergent and acute onset of a symptom or symptoms,including severe pain,that would lead a prudent lay person acting reasonably to believe that a health condition exists that requires immediate medical attention, if failure to provide medical attention would result in serious impairment to bodily function or serious dysfunction of a bodily organ or part,or would place the Member's health in serious jeopardy. Fancily Unit: A Subscriber and all his/her Dependents. , Fee Schedule: A fee-for-service schedule adopted by GHC, setting forth the fees for medical and hospital services. GHC-Designated Self-Referral Specialist: A GHC specialist specifically identified by GHC to whom Members may self-refer. GHC Facility: A facility(hospital,medical center or health care center)owned,operated or otherwise designated by GHC GHC Medicare Plan: A plan of coverage for persons enrolled in Medicare Part A(hospital insurance)and Part B (medical insurance). GHC Personal Physician: A provider who is employed by or contracted with GHC to provide primary care services to Members and is selected by each Member to provide or arrange for the provision of all non-emergent Covered Services,except for services set forth in the Agreement which a Member can access without a Referral. Personal Physicians must be capable of and licensed to provide the majority of primary health care services required by each Member. GHC Provider: The medical staff,clinic associate staff and allied health professionals employed by GHC,and any other health care piofessioral or provider with whom GHC has contracted to proxtlde health care services to C26115-0036900a 37 ' 74 Members enrolled under the Agreement, including,but not limited to physicians,podiatrists,nurses,physician assistants,social workers,optometrists,psychologists,physical therapists and other professionals engaged in the delivery of bealtlicare services who are licensed or certified to practice in accordance with Title IS Revised Code of Waslungton Group: An employer,union,welfare trust or bona-fide association which has entered into a Group Medical Coverage Agreement with GHC. Hospital Care: Those Medically Necessary services generally provided by acute general hospitals for admitted patients Hospital Care does not include convalescent or custodial care,which can,in the opinion of the GHC Provider,be provided by a nursing home or convalescent care center. Lifetime Maximum: The tnaxinium value of benefits provided for Covered Services under the Agreement after which benefits under the Agreement are no longer available asset forth in the Allowances Schedule The value of Covered Services is based on the Fee Schedule,as defined above. The lifetime rriaxiinuin applies to this 1 Agreement or in combination with arty other medical coverage agreement between GHC and Group. Medical Condition:A disease,illness or injury. 1 Medically Necessary: Appropriate and clinically necessary services,as determined by GHC's Medical Director,or his(her designee,according to generally accepted principles of good medical practice,which are rendered to a Member for the diagnosis,care or treatment of a Medical Condition Services must be medically and clinically necessary for benefits to be covered under the Agreement The cost of services and supplies,which are not Medically Necessary shall be the responsibility of the Member_In order to be Medically Necessary,services and supplies must meet the following requirements: (a)are not solely for the convenience of the Member,his/her farnily or the provide, of the services or supplies;(b)are the most appropriate level of service or supply which can be safely provided to the Member,(c)are for the diagnosis or treatment of an actual or existing Medical Condition unless being provided under GHC's schedule for preventive services,(d)are not for recreational, life-enhancing,relaxation or palliative therapy,except for treatment of terminal conditions,(e)are appropriate and consistent with the diagnosis and which,in accordance with accepted medical standards in the State of Washington,could not have been omitted without adversely affecting the Member's condition or the quality of health services rendered,(f)as to inpatient care,could not have been provided in a provider's office,the outpatient department of a hospital or a non- residential facility without affecting the Member's condition or quality of health services rendered,(g)are not primarily for research and data accumulation,and(h)are not experimental or investigational The length and type of the treatment program and the frequency and modality of visits covered shall be determined by GHC's Medical Director,or his/her designee Medicare: The federal health insurance program for the aged and disabled. Member: Any Subscriber or Dependent enrolled under the Agreement. Out-of-Pocket Expenses:Those Cost Shares paid by the Subscriber or Member for Covered Services,which are applied to the Out-of-Pocket Linut Out-of-Pocket Limit(Stop Loss): The maximum amount of Out-of-Pocket Expenses incurred and paid,during the calendar year for Covered Services received by the Subscriber and Ius/her Dependents within the same calendar year The Out-of-Pocket Limit amount and Cost Shares that apply are set forth in the Allowances Schedule. 1 Charges in excess of UCR,services in excess of any benefit level and services not covered by the Agreement are not applied to the Out-of-Pocket Limit. Pre-Existing Condition: A condition for which there has been diagnosis,treatment or medical advice within the three(3)month period prior to the effective date of coverage.The Pre-Existing Condition wart period will begin on the first day of coverage,or the first day of the enrollment waiting period if earlier. 1 Referral: A written temporary agreement requested in advance by a GHC Provider and approved by GHC that entitles a Member to receive Covered Services from a specified healthcare provider Entitlement to such services shall not exceed the lumts of the Referral and is subject to all terms and conditions of the Referral and the Agreement Members who have a complex or serious medical or psychiatric condition may receive a standing Referral for specialist services. 026115-0036900a 38 Self-Referred:Covered Services received by a Membei 6•om a designated women's health care specialist or Gl?C5- Designated Self-Referral Specialist that are not referred by a GHC Personal Physician. Service Area:Washington counties of Benton,Columbia,Franklin,Island,Kmo,Kitsap,Kittitas,Lewis,Mason, Pierce,San Juan,Skagit,Snohomish,Spobne,Thurston Walla Walla,Whatcom,Whitman and Yakima,Idaho counties of Kootenai and Latah;and any other areas designated by GHC. Stop Loss: See Out-of-Pocket Lumt. Subscriber: A person employed by or belonging to the Group who meets all applicable eligibility requirements,is , enrolled under the Agreement and for whom the premiums specified in the Premium Schedule have been paid. Urgent Condition: The sudden,unexpected onset of a Medical Condition that is of sufficient severity to require medical treatment within twenty-four(24)hours of its onset. Usual,Customary and Reasonable(UCR): A term used to define the level of benefits which are payable by GHC when expenses are incurred from a non-GHC Provider. Expenses are considered Usual,Customary and Reasonable if the charges are consistent with those nonnally charged to others by the provider or organization for the same services or supplies,and the charges are within the general range of charges made by other providers in the same geographical area for the same service or supplies. _ r t r r r C261 15-0036900a 39 i76 t 1 I EMPLOYER GROUP PROGRAMS GROUP MEDICARE COVERAGE I 1 1 1 1 1 1 i C26115-0036900a 40 77 WGroupHealth COOPERATIVE Group Health Cooperative Medicare Advantage Plan (GHMA Plan) , Following is a brief outline of the benefits available to Group Members who are also enrolled in the Group Health Cooperative Medicare Advantage plan. A more detailed plan summary is provided to GHMA Plan Members directly. In no event shall the benefits of the GHMA plan duplicate the benefits under the Group Medical Coverage Agreement. The benefits available to persons enrolled in both the Group Health Cooperative Medical Coverage Agreement and the Group Health Cooperative Medicare Advantage Plan will be the higher level of benefit available under the plans, as determined by Group Health Cooperative. Unless otherwise stated, the provisions, limitations and exclusions, including provider access requirements of the Group Medical Coverage Agreement apply to the benefits available under the Group Health Cooperative Medicare Advantage Plan. The benefits described in this outline apply only to Members who are covered under Medicare Part A and Part B, and who are enrolled in the Group Health Cooperative Medicare Advantage Plan as set forth in the Group Medical Coverage Agreement. This includes those Members with Medicare Part B only, who have been continuously enrolled in the Group Health Cooperative Medicare Advantage Plan (formerly known as Medicare+Choice), since December 31, 1998. i t t t C26115-0036900a 41 ` 78 . . � wp Y .���'.� �i, •-�.�b �..�,_ �`,i:�K.�..,y d�I} BnefGate o (}Benefits'�cthederait a � "e '' r,7x "�`��'c- �'�'� at`y .`�=`.zap;+- . .??$�`+•'�a�-�.d:��'^�:w�� :. ���• h���q^ -a111�Rr` �. f 1 ,`h V p ' °:1Vledrearye Program�Y':vv-'^2 u::a.- 3"` �'�'a�.a z 3u�a«i„•_aF,t-. ��K�".o- q.�' +ti�,�ol•^'- des e .K. �` @aa". SUMMARY OF BENEFITS-..- --" -. INPATIENT CARE t 1 -Inpatient Hospital Member pays for each benefit Member pays the lesser of the Care period: Group Cost Share or the (includes substance following Copayment: abuse and rehabilitation — Days 1 -60: an initial services) Deductible of$952. — $100 each day for day(s) 1-3 ' — Days 61 -90: $238 each _ $0 each day for day(s)4- day. 90 — Days 91 - 150: $476 each for a Medicare-covered stay at lifetime reserve day. a network hospital Please call 1-800- MEDICARE(1-800-633- There is no Cost Share for 4227)for information about additional days received at a lifetime reserve days, network hospital. Member is covered for unlimited days each benefit period 2 -Inpatient Mental Member pays the same Member pays the lesser of the Health Care Deductible and Copayments Group Cost Share or the as inpatient hospital care following Copayment: (above) except Medicare ' beneficiaries may only receive — $100 each day for day(s) 190 days in a psychiatric 1-3 hospital in a lifetime. — $0 each day for day(s)4- 90 for a Medicare-covered stay at a network hospital Medicare beneficianes may only receive 190 days in a psychiatric hospital in a lifetime. 3 - Skilled Nursing Member pays for each benefit There is no Cost Share for Facility period, following at least a 3- services received at a skilled (in a Medicare-certified day covered hospital stay: nursing facility. C26115-0036900a 42 79 "J sm t gg I re iAAldU ed bare ggo FOUP skilled nursing facility) — Days I - 20: $0 for each Member is covered at the day. Group benefit or up to 100 — Days 21 - 100: $119.00 days per benefit period after a for each day. 3-day Medicare-certified hospital stay. There is a limit of 100 days for each benefit period. Note: When a 3-day Medicare-covered hospital stay does not occur and the plan determines that the Member otherwise meets all Medicare criteria, the plan may authorize Medicare- covered skilled nursing care for up to 100 days. 4- Home Health Care There is no Cost Share for all There is no Cost Share for (includes Medically covered home health visits. Medicare-covered home Necessary intermittent health visits. skilled nursing care, home health aide services and rehabilitation services, etc.) 5- Hospice Member pays part of the cost Member must receive care for outpatient drugs and from a Medicare-certified inpatient respite care. hospice. Member must receive care from a Medicare-certified Hospice services in a hospice. Medicare-certified hospice are reimbursed directly by Medicare when the Member enrolls in a Medicare-certified hospice. 6- Doctor Office Visits Member pays 20% of Member pays: Medicare-approved amounts The lesser of the Group after Medicare Part B Cost Share or$15 for each Deductible is satisfied. primary care doctor office visit for Medicare-covered C26115-0036900a 43 80 ry`,��*„ ' mot' ' � ;� Ila1.' k'^ +'_- en it.G teg (Bens�gfh�Feiira ; car o x�;.�£'�+^ti ��-*.g�'.'d._R='�'�'t,! � �^.+F:.` ,yx Y,4r. Hcah;t3F- �_"r`r' rovry d•a�:�is+. � qvt« •'yi'.�e�• services. 1 — The lesser of the Group Cost Share or$100 for each Medicare-covered 1 ambulatory surgical center. ' — The lesser of the Group Cost Share or$100 for each Medicare-covered outpatient hospital services visit. — Member pays the lesser of the Group Cost Share or $15 for each Medicare- covered consultation and certain specialist visits. 7 - Chiropractic Member is covered for Member pays the lesser of the Services manual manipulation of the Group Cost Share or$15 for spine to correct subluxation, each Medicare-covered visit provided by chiropractors or (manual manipulation of the other qualified providers_ spine to correct subluxation). Routine care not covered. Routine chiropractic services not covered. Member pays 20%of Medicare-approved amounts after Medicare Part B Deductible is satisfied. S- Podiatry Services Member pays 20%of Member pays the lesser of the Medicare-approved amounts Group Cost Share or$15 for 1 after Medicare Part B each Medicare-covered visit Deductible is satisfied. (Medically Necessary foot care). 1 Member is covered for Medically Necessary foot Routine podiatry care not care, including care for covered. Medical Conditions affecting the lower limbs. C16111-0036900a 44 81 7V Djoyer, �7 Routine care not covered. 9 Outpatient Mental Member pays 50%of For Medicare-covered mental Health Care Medicare-approved amounts health services,Member pays with the exception of certain the lesser of the Group Cost situations and services for Share or$15 for each which Member pays 20%of individual/group therapy visit. approved charges after Medicare Part B Deductible is satisfied. 10- Outpatient Member pays 20% of Theie is no Cost Share for Substance Abuse Care Medicare-approved amounts each Medicare-covered visit. after Medicare Part B Deductible is satisfied. 11 -Outpatient Member pays 20%of Member pays the lesser of the Services/Surgery Medicare-approved amounts Group Cost Share or$100 for for the doctor after Medicare each Medicare-covered visit Part B Deductible is satisfied. to an ambulatory surgical center. Member pays 20%of outpatient facility charges Member pays the lesser of the after Medicare Part B Group Cost Share or$100 for Deductible is satisfied. each Medicare-covered visit to an outpatient hospital facility. 12 - Ambulance Member pays 20%of Member pays the lesser of the Services Medicare-approved amounts Group Cost Share or$75 per (Medically Necessary or applicable Fee Schedule each one-way trip. Hospital to ambulance services) charge after Medicare Part B hospital ambulance transfers Deductible is satisfied. initiated by GHC are covered in full. 13-Emergency Care Member pays 20%of the Member pays the lesser of the (Member may go to any facility charge or applicable Group Cost Share or$50 for Emergency room if Copayment for each each Medicare-covered Member reasonably Emergency ioom visit after Emergency room visit; believes Emergency Medicare Part B Deductible is Member does not pay this care is necessary.) satisfied; Member does NOT amount if Member is admitted pay this amount if Member is to the hospital within I day admitted to the hospital for for the same condition. the same condition within 3 C26115-0036900a 45 t82 iah in '14er lie, _', �' -r '.,'g•-.5!;�;. days of the Emergency room Worldwide coverage. visit.Member pays 20% of doctor charges after Medicare Part B Deductible is satisfied. NOT covered outside the U.S. except under limited circumstances. 14-Urgently Needed Member pays 20%of Member pays the lesser of the Care Medicare-approved amounts Group Cost Share or$15 for ' (This is NOT or applicable Copayment after each Medicare-covered Emergency care.) Medicare Part B Deductible is urgently needed care visit. satisfied. Worldwide coverage. NOT covered outside the U.S. except under limited circumstances. 15-Outpatient Member pays 20% of Member pays the lesser of the Rehabilitation Services Medicare-approved amounts Group Cost Share or S15 for (occupational therapy, after Medicare Part B each occupational therapy, physical therapy, speech Deductible is satisfied. physical therapy and/or and language therapy) speech/language therapy visit. OUTPATIENT-MEDICAL SERVICES AND SUPPLIES 16-Durable Medical Member pays 20°%of Member pays the lesser of the Equipment Medicare-approved amounts Group Cost Share or 20%of (includes wheelchairs, after Medicare Part B the cost for each Medicare- oxygen, etc.) Deductible is satisfied. covered item. 17- Prosthetic Devices Member pays 20% of Member pays the lesser of the (includes braces, Medicare-approved amounts Group Cost Share or 20%of artificial limbs and eyes, after Medicare Part B the cost for each Medicare- etc.) Deductible is satisfied. covered item. 18-Diabetes Self- Member pays 20% of There is no Copayinent for Monitoring Training Medicare-approved amounts diabetes self-monitoring and Supplies after Medicare Part B training. (includes coverage for Deductible is satisfied. glucose monitors,test Member pays the lesser of the ' strips, lancets and self- Group Cost Share or 20% of management training) the cost for each Medicare- covered diabetes supply item. C261 15-0036900a 46 83 04A ` '11�S-lite,n i Member pays the lesser of the Group Cost Share or$15 for each separate office visit. 19- Diagnostic Tests, Member pays 20%of There is no Cost Share for the X-Rays and Lab Medicare-approved amounts, following Medicare-covered Services except for approved lab service(s): services after Medicare Part B — clinical/diagnostic lab Deductible is satisfied. services There is no Cost Share for — radiation therapy Medicare-approved lab — X-ray visits services. 20- Bone Mass Member pays 20%of There is no Cost Share for Measurement Medicare-approved amounts each Medicare-covered bone (for people with after Medicare Part B mass measurement Medicare who are at Deductible is satisfied. risk) Member pays the lesser of the Group Cost Share or$15 for each separate office visit. 21 -Colorectal Member pays 20% of There is no Cost Share for Screening Exams Medicare-approved amounts Medicare-covered colorectal after Medicare Part B (for people with screening exams. Medicare age SO and Deductible is satisfied. older) Member pays the lesser of the Group Cost Share or$15 for each separate office visit. 22 -Immunizations There is no Cost Share for the There is no Cost Share for the (Flu vaccine, Hepatitis pneumonia and flu vaccines. pneumonia and flu vaccines. B vaccine -for people with Medicare who are Member pays 20% of No Referral necessary for at risk,pneumonia Medicare-approved amounts Medicare-covered flu and vaccine) for the Hepatitis B vaccine pneumonia vaccines. after Medicare Part B Deductible is satisfied. There is no Cost Share for the Member may only need the Hepatitis B vaccine. pneumonia vaccine once in the Member's lifetime. Contact doctor for further C26115-0036900a 47 84 A" re details. 23 -Mammograms Member pays 20% of There is no Cost Share for (annual screening) Medicare-approved amounts. Medicare-covered screening (for women with mammograms. Medicare age 40 and No Referral necessary for older) Medicare-covered screenings. Member pays the lesser of the Group Cost Share or$15 for each separate office visit. PREVENTIVE SERVICES1,-" 24 -Pap Smears and There is no Cost Share for a There is no Cost Share for Pelvic Exams pap smear once every 2 years, Medicare-covered pap smears (for women with annually for beneficiaries at and pelvic exams. Medicare) high risk. Member pays 20%of Medicare-approved amounts for pelvic exams. 25- Prostate Cancer There is no Cost Share for There is no Cost Share for Screening Exams approved lab services and a Medicare-covered prostate (for men with Medicare Cost Share of 20% of cancer screening exams. age 50 and older.) Medicare-approved amounts for other related services after Medicare Part B Deductible is satisfied 26- Outpatient Most prescription drugs not Most drugs not covered by Prescription Drugs covered unless Member Medicare. See Group purchases Medicare Part D outpatient prescription drug benefit. ADDITIOINAL BENEFITS (WHAT ORIGINAL-MEDICARE COVER) 27- Dental Services Not covered unless Medicare Not covered unless Medicare criteria met. criteria met. 28- Hearing Services Routine hearing exams and There is no Cost Share for I hearing aids not covered. hearing aids up to I aid(s). Member pays 20%of Member pays: Medicare-approved amounts The lesser of the Group for diagnostic hearing exams Cost Share or$L5 for each after Medicare Part B Medicare-covered hearing C211 15-0016100a 48 85 ft"� wvl g fg,%��' Deductible is satisfied exam (diagnostic hearing exams). $0 for each routine hearing test up to I test 1� (s) once every 24-months. $0 for each fitting- evaluation for a hearing aid up to I S fittino(-"- �' " evaluation(s) once every 24-i-nonths. Benefit limited to $250 for hearing aids once every'24- months Must use plan providers. 29—Vision Services Member is covered for one There is no Cost Share for the pair of eyeglasses or contact following items: lenses after each cataract Medicare-covered eye surgery after Medicare Part B wear(one pair of Deductible is satisfied. eyeglasses or contact lenses after each cataract Members with Medicare who surgery). are at risk are covered for Glasses, limited to I annual glaucoma screenings after Medicare Part B pair(s) of standard glasses covered up to UCR once Deductible is satisfied. every 24-months, or; Member pays 20%of Contacts, limited to 1 Medicare-approved amounts pair(s) of standard for diagnosis and treatment of contacts covered up to diseases and conditions of the UCR once every 24- eye after Medicare Part B months. Deductible is satisfied. Member pays: Routine eye exams and The lesser of the Group glasses not covered. Cost Share or$15 for each Medicare-covered eye exam (diagnosis and treatment for diseases and conditions of the eye). The lesser of the Group C26115-0036900a 49 86 { n,�lnal J11ed1car -�� � - ;� Cost Share or$15 for each GHC-covered routine eye exam, limited to 1 exam(s) once every 24-months. Benefit limited to $100 toward purchase of frames once every 24 months. Must use plan providers. 30-Physical Exams If coverage to Medicare Part A one time only physical B begins on or after January exam is available within the 1, 2005,Member may receive first six months of the I a one time physical exam Member's new Part B within the first six months of coverage- The exam does not the Member's new Part B include laboratory tests. coverage.This will not include laboratory tests. Member pays the lesser of the Contact plan for further Group Cost Share or$15 for details. Member pays 20%of the office visit. the Medicare-approved amount after Medicare Part B There is no Cost Share for Deductible is satisfied. routine physical exams Limited to 1 exam(s) every two years Health/Welluess Medicare will pay for two Covered in full for the Education cessation-counseling attempts following: per year; each attempt SilverSneakers includes 4 sessions each of The SilverSneakers fitness either shorter visits of 3 to 10 program is available on a minutes each,or longer visits voluntary basis. (longer than 10 minutes each) depending on what the Lifetime Fitness Member and their doctor The Lifetime Fitness program ' decide. is available on a voluntary basis. ' For more information, call the GHC Resource Line toll-free ' at 1-800-992-2279 or 206- C26115 -0036900a 50 87 ' .�. .ka -;. : ...�.__•:o.,•j r u-.,o "..r;he"<' _ w .,.f'2:x %a 'e;. i� e.. ?' t �.�<+ eti eY e r�.�' �`{„}�(�LLi.�$ ? V'-�{�a,.l{�g1 „ r' z. t ''.YY� py` Be n 326-2800, or the TTY line at 711 or 1-800-833-6388. Must use plan providers. In addition to the original ' Medicare smoking&tobacco use cessation benefit, Member ' receives the following GHC covered benefit: Smoking&Tobacco Use Cessation: When Member is enrolled and actively participating in the ' Free and Clear ProgramTM, services provided through GHC related to smoking and , tobacco use cessation are covered, limited to: Participation in one individual or group program per calendar year, One course of nicotine replacement therapy per calendar year; Educational materials covered in full. Must use plan providers. Transportation Not covered. Routine transportation not (Routine) covered. Medically Necessary ambulance services are covered US Visitor/Traveler Non-emergent and/or non- Benefit urgently needed care received while temporarily traveling outside GHC's Medicare Service Area is payable at , Medicare benefit levels up to $2,000 per Member per calendar year. The GHC MA ' Plan pays 80% of Medicare allowable reimbursement schedules for Medicare , C26115-0036900a 51 , ' 88 ,..�• � 1? "� r e- �g��tr�t *� z •dos =� Qill. �, .�",� covered services ONLY. ' Member is responsible for all Medicare inpatient and outpatient Deductibles and ' Coinsurances. Member pays the lesser of the ' Group Cost Share or 20% of the cost for each stay in a non- network hospital or inpatient 1 psychiatric hospital. C261 15-0036900a 52 89 ' IMPORTANT INFORMATION ABOUT YOUR OUTPATIENT CARE APPEAL , RIGHTS For more information about your appeal rights, call us toll free at: 1-888-901-4636. There Are Two Kinds of Appeals You Can File Standard(30 days)-You can ask for a standard appeal. We must give you a decision no later than 30 days after we get your appeal. (We may extend this time by up to 14 days if you request ' an extension, or if we need additional infonnation and the extension benefits you.) Fast(72 hour review)-You can ask for a fast appeal if you of your doctor believes that your , health could be seriously harmed by waiting too long for a decision. We must decide on a fast appeal no later than 72 hours after we get your appeal. (We may extend this time by up to 14 , days if you request an extension, or if we need additional information and the extension benefits you.) If any doctor asks for a fast appeal for you, or supports you in asking for one, and the doctor , indicates that waiting for 30 days could seriously hann your health, we will automatically give you a fast appeal. If you ask for a fast appeal without support from a doctor,we will decide if your health requires a fast appeal. If we do not give you a fast appeal,we will decide your appeal within 30 days. What Do I Include With My Appeal? You should include_ your name, address, Member ID number,reasons for appealing, and any , evidence you wish to attach. You may send in supporting medical records, doctors' letters, or other information that explains why we should provide the service. Call your doctor if you need this information to help you with your appeal. You may send in this , information or present this information in person if you wish. How Do I File An Appeal? ' For a Standard Appeal: You or your authorized representative should mail or deliver your written appeal to the address (es)below: MAIL: Group Health Cooperative GHC Appeals Department PO Box 34593 Seattle, WA 98124-1593 Attn.. Appeals' Coordinator , HAND DELIVER: 12400 E. Marginal Way South Seattle, WA 98168-2559 C26115-0036900a 53 ' ' 90 For a Fast Appeal: You or your authorized representative should contact us by telephone or fax: telephone: 206-901-7350, fax: 206-901-7340 What Happens Next? If you appeal, we will review our decision. After we review our decision, if any of the services you requested are still denied, Medicare will provide you with a new and impartial review of your case by a reviewer outside of your Medicare Advantage (formerly Medicare Plus Choice) Organization. If you disagree with that decision, you will have further appeal rights. You will be notified of those appeal rights if this happens. Contact Information: If you need information or help, call us at: Toll Free: 1-888-901-4636 TTY/TTD: 1-800-833-6388 Other Resources To Help You: Medicare Rights Center: 1-800445-6941 Toll Free- 1-888-HMO-9050 ' TTY/TTD: 1-800-521-8890 Elder Care Locator Toll Free: 1-800-677-1116 1-800-MEDICARE (1-800-633-4227) TTY/TTD: 1-877-486-2048 ' C26115-0036900a 54 91 IMPORTANT INFORMATION ABOUT YOUR HOSPITAL CARE APPEAL RIGHTS For more information about your appeal ri;?hts, call us toll free at: 1-888-901-4636 ' How Do You Get an Immediate Review? QualisHealth is the name of the Quality Improvement Organization(QIO) authorized by Medicare to review the Hospital care provided to Medicare patients. You or your authorized repiesentative, attorney, or court appointed guardian must contact the QIO by telephone or in , writing: QualisHealth- QIO 10700 Meridian Avenue ' Seattle, WA 98133 Toll Free: 1-800-445-6941,option 2 Local: 206-364-9700 FAX: 206-368-2419 TTY: 1-800-251-8890 If you file a written request,please write, "I want an immediate review". ' Your request must be made no later than noon of the first working day after you receive this ' notice. The QIO will make a decision within one full working day after it receives your request, your ' medical records, and any other infomlation it needs to make a decision. While you remain in the Hospital, Group Health will continue to be responsible for paying the ' costs of your stay until noon of the calendar day following the day the QIO notifies you of its official Medicare coverage decision. What If the QIO Agrees With Our Coverage Decision? ' If the QIO agrees, you will be responsible for paying the cost of your hospital stay beginning at noon of the calendar day following the day the QIO notifies you of its Medicare coverage , decision. What If the QIO Disagrees With Our Coverage Decision? , You will not be responsible for paying the cost of your additional hospital days, except for certain convenience services or items not covered by your contract. What If You Don't Request an Immediate Review? If you remain in the hospital and do not request an immediate review by the QIO, you may be ' financially responsible for the cost of many of the services you receive beginning [specify the date of the first non-covered day]. If you leave before the day following the date of this notice you will not be responsible for the , cost of care. As with all hospitalizations, you may have to pay for certain convenience services or items not covered by your Health Plan. C261 15-0036900a 55 92 What If You Are Late Or Miss the Deadline To File For an Immediate Review? If you are late or miss the noon deadline to file for an immediate review by your QIO, you may still request an expedited(fast) appeal from Group Health. A"fast" appeal means Group Health will have to review your request within 72 hours. However, you will not have automatic financial protection during the course of your appeal. This means you could be responsible for ' paying the costs of your hospital stay beginning the day following the date of this notice. For a Fast Appeal: You or your authorized representative should contact us by telephone or fax: telephone: 206-901-7350, fax: 206-901-7340 ' When you do so say or write: "I want a fast appeal." If you filed for an immediate QIO review but mussed the deadline the QIO will forward the ' request to Group Health to process a fast appeal. C26115-0036900a 56 93 Group: CITY OF KENT Group#: 00369 ReferenceID#: 0700369001 , For Attachment to Group Medical Coverage Agreement Group Health Cooperative Benefit Description INSIDE THE NETWORK: , MANAGED CARE PROVIDERS $0 Deductible 1000/0 Coinsurance ' $2,000 Out of Pocket 2x Family Ded&OOP Max. $10 Office Visit Copay ' $l0 Outpatient Surgery Copay $I0 Prescription Drug Copay $0 Hospital Inpatient Copay ' $75 Emergency Room Copay None Optical Rider No FEC wan Group Offering Dual Choice ' MONTHLY HEALTH CARE PREMIUM This schedule reflects monthly premium effective ' 1/l/2007 - 1/1/2008 Subscriber $364 52 Subscriber&Spouse $815 46 ' Subscriber&Chdd(ren) $735 04 Subscriber,Spouse&Chdd(ren) $1,167.46 Annualized Premium $409,473 HEALTH CARE DUES FOR MEMBERS WITH MEDICARE COVERAGE ' Advantaire Medicare COB Medicare entiuled with AB Medicare $324 32 $438.20 Subscriber and Spouse, l AB Medicare $775 26 $889 14 Subscriber and Spouse,2 AB Medicare $648 64 $876 40 Subscriber and Chdd(ren), I AB Medicare $694 86 $808 74 ' Subscriber and Family, 1 AB Medicare $1,127 26 $1,241 14 Subscriber and Family,2 AB Medicare $100 64 $1,228 40 Brokerage: included Underwriter: SC ' t 94 1 tGroup: CITY OF KENT-Cobra Group#: 00369 Reference 1D#:0700369001 For Attachnxut to Group Medical Coverage Agmem ni Group Health Cooperative Benefit Description INSIDE THE NETWORK: MANAGED CARE PROVIDERS So Deducible 100% Coinsurance ' $2,000 Out of Pocket 2x Family Ded&OOP Max $10 Office Visit Copay $10 Outpatient Surgery Copay $10 Prescription Drug Copay $0 Hospital Inpatient Copay, $75 Emergency Room Copay ' None Optical Rider No PEC wait Group Offeno -Dual Choice MONTHLY HEALTH CARE PREMIUM This schedule reflects monthly premium effective: 1/1/2007- 1/1/2008 ' Spouse $450 94 Child(ren) $370 52 Spouse&Child(ren) $802 94 Brokerage:included Underwriter. SC 1 ' Kent City Council Meeting Date June 19, 2007 ' Category Consent Calendar ' 1. SUBJECT: FLEXPASS PROGRAM AGREEMENT 2007-2008 —AUTHORIZE ' 2. SUMMARY STATEMENT: As recommended by the Operations Committee, authorize the Mayor to sign the CTR-F1exPass Program Agreement for 2007-2008. This agreement is made between the City, King County, Sound Transit, and Pierce Transit in order to make available a comprehensive transportation pass to 405 regular benefited employees. The total cost of this agreement is $40,350.00. 1 3. EXHIBITS: F1exPass Program Agreement for 2007-2008 ' 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue?_ ' 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 DISCUSSION: ACTION: ' Council Agenda ' Item No. 6H AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,SOUND TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION AND THE CITY OF KENT This Agreement(hereinafter,"Agreement")is made and entered into by and between King County(hereinafter individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"), Pierce County Public Transportation Benefit Area Corporation(hereinafter PIERCE TRANSIT"),or collectively referred to hereinafter as "TRANSPORTATION PARTIES",and the City of Kent(hereinafter, "CITY") RECITALS A. CITY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of CITY employees B KING COUNTY,SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County, Pierce County and Snohomish County. �i C. CITY has a desire to provide incentives and benefits to its employees,which promote non-SOV commuting to its worksite D. CITY and TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a ' variety of services and benefits,which enable CITY employees to commute,by non-SOV modes. AGREEMENT NOW,THEREFORE,in consideration of the terms, conditions and covenants herein contained,the sufficiency of which is hereby acknowledged,the parties hereto agree to the following 1. PURPOSE 11 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale and distribution of F1exPasses to CITY's Eligible Employees at the rate set forth herein 2 DEFINITIONS 21 Eligible Employees Eligible Employees shall mean only those employees of the CITY who meet the following criteria: All CTR-Affected employees 22 FlexPass Card A FlexPass Card is a pass of predetermined duration,usually twelve(12)months,that allows each Eligible Employee, as defined in Paragraph 2 1, to choose from a variety of non-SOV commute options provided by CITY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions"FlexPass",each TRANSPORTATION PARTIES' logo or an agreed to regional logo,and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES FlexPass Cards shall also bear a fare amount on the face of the card, the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior to the start of this Agreement FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their designated contractor CITY shall pay the amount specified in Attachment A for production of FlexPass Cards. FlexPass Card's are non-refundable by TRANSPORTATION PARTIES,except as set forth in Paragraph 8.2 Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass. 2.3 Trip Revenue In the event of a generally applicable fare increase adopted by KING COUNTY,SOUND TRANSIT or PIERCE TRANSIT,the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT,and CITY shall be required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY 3 EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES ' 31 Eligible Employee Contributions CITY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount specified in Attachment A CITY shall not require Eligible Employees to contribute more than fifty percent(50%)of the cost of an individual FlexPass Card,as set forth in Attachment A FlexPass Agreement Page 1 of 10 City of Kent July 1,2007—June 30,2008 4. CITY RESPONSIBILITIES 4.1 Eligible Recipients Of A FlexPass Card CITY shall ensure that only Eligible Employees,as defined in Paragraph 2 1,receive FlexPass cards. 4.2 Ordering FlexPass Cards CITY shall provide to TRANSPORTATION PARTIES' representative, as listed in Section 16,the number of FlexPass Cards that CITY shall provide to Eligible Employees The number of FlexPass Cards shall be listed in Attachment A. CITY shall allow TRANSPORTATION PARTIES at least four(4) weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards CITY understands that failure to provide the number of FlexPass Cards desired at least four(4)weeks in advance,may incur additional and extraordinary costs Such costs may be related to,but are not limited to,overtime staffing,additional manufacturing charges and express delivery charges These additional and extraordinary charges shall be borne solely by CITY 4.3 Ordering Additional FlexPass Cards CITY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees,over and above the number specified in Attachment A, during the term of this Agreement CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks to fulfill the request for additional FlexPass Cards. Requests shall be made to the TRANSPORTATION PARTIES' representative,as listed in Section 16 The cost for a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment ' A,times the number of months remaining in the Agreement 44 Receipt And Security Of FlexPass Cards CITY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial responsibility of CITY upon receipt and signature by an employee,official or agent of CITY. CITY agrees that it is solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by CITY while in the custody of CITY CITY shall be held liable for the equivalent value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card that CITY cannot account for,either by distribution to an Eligible Employee, storage in a secure area, for each FlexPass Card not collected from an Eligible Employee who terminates their employment with CITY or otherwise becomes ineligible to receive and use a FlexPass Card under the terms of this Agreement,or for each FlexPass Card CITY cannot return to TRANSPORTATION PARTIES upon termination of this Agreement,as specified in Section 8. 45 Reporting CITY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost, stolen,damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches' electronic registering fareboxes CITY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that CITY believes to be defective CITY shall report to TRANSPORTATION PARTIES all FlexPass usage, changes to CITY's transportation program or other details as necessary. 4.6 Roster Of FlexPass Card Recipients CITY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by CITY Upon demand,CITY shall provide each TRANSPORTATION PARTY a copy of the roster 4.7 FlexPass Employee Use Agreement Form Each Eligible Employee who receives a FlexPass Card from CITY shall be required to read,sign and return to their employee transportation coordinator or department supervisor,an agreement form stipulating the uses and conditions of a FlexPass Card The Employee Use Agreement Form,as set forth in Attachment B , is deemed mutually acceptable to both CITY and TRANSPORTATION PARTIES Use Agreement Forms shall be kept on file by CITY for the term of this Agreement. 48 Collection of FlexPass Cards CITY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to CITY within five(5)days of the effective date of termination of this Agreement CITY shall be held liable for the equivalent retail value of a ' combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement FlexPass Agreement Page 2 of 10 City of Kent July 1,2007—June 30,2008 49 Collection of Transit Ridership Data CITY shall survey,or otherwise collect from CITY's Eligible Employees,any and all necessary daily transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate Trip Revenue and the number of bus trips taken by Eligible Employees TRANSPORTATION PARTIES shall provide to CITY a mutually agreed upon survey instrument or other suitable means in which to collect the most current and accurate ridership and commute data possible 4.10 FlexPass Program Evaluation CITY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program,should such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES Evaluation may be through such means as employee surveys,employee focus groups, and management interviews TRANSPORTATION PARTIES shall provide CITY at least thirty(30)days advance notice prior to beginning such an evaluation 4 11 Home Free Guarantee CITY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 4.12 Vanpool Services The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A,the Eligible Employee shall pay the difference directly to the vanpool bookkeeper 5 TRANSPORTATION PARTIES RESPONSIBILITIES 5 1 Transit Access TRANSPORTATION PARTIES shall allow each CITY Eligible Employee displaying a valid FlexPass Card to ride on all parts of its regular route transportation system without additional charge, for trips up to the value printed on the card TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the expiration date on the Card or until this agreement is otherwise terminated TRANSPORTATION PARTIES reserve the right to request additional payment at the time the transit trip is taken, if the cost of a trip on any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card FlexPass Cards are not valid on any Husky,Mariners, Fourth of July,Tacoma Dome Station event parking,or other special event service at the sole discretion of TRANSPORTATION PARTIES 52 FlexPass Card Administration TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering,replacement and delivery of FlexPass Cards to CITY,and other administrative tasks related to the FlexPass Card under this Agreement,other than those responsibilities stated as CITY responsibilities in Section 4 53 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace,at no additional cost to CITY,any FlexPass Cards deemed to be defective or otherwise unusable or inoperative CITY may be issued temporary passes until TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of$50 per replacement card 5.4 Confiscation of FlexPass Cards In addition to any other rights under law, TRANSPORTATION PARTIES reserve the right to cancel and confiscate a FlexPass Card which is used out of date,altered,duplicated,counterfeited,transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement 55 Collection Of Transit Ridership Data TRANSPORTATION PARTIES shall provide to CITY, at no additional cost to CITY,a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit ridership and commute data of CITY's Eligible Employees In addition,TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument,but not costs incurred by CITY in distributing to and collecting from Eligible Employees,this survey instrument TRANSPORTATION PARTIES shall make available to CITY,all data collected from CITY's Eligible Employees FlexPass Agreement Page 3 of 10 City of Kent July I,2007—June 30,2008 56 Home Free Guarantee KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C 5.7 Vanpool Services KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant subject to the availability of vanpool vehicles and minimum ridership requirements The FlexPass Card will be honored as full or partial payment of vanpool fares, up to the amount specified in Attachment A 6 PAYMENTS AND BILLING 6 1 Payment For This Agreement CITY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in TRANSPORTATION PARTIES' FlexPass program KING COUNTY and PIERCE TRANSIT shall present an invoice for amounts due to CITY's representative listed in Section 16 Payment shall be made in full by CITY according to the terms listed on the invoice,unless a payment schedule is mutually agreed upon by both parties and incorporated into this Agreement,in Attachment A KING COUNTY shall invoice CITY for the amount(s)due for SOUND TRANSIT for additional FlexPass Cards purchased by CITY 62 Late Payment Penalty If any scheduled payments are not made by their due date,then the entire amount due under this Agreement may become immediately due and payable Any late payment shall be subject to a penalty accruing at the maximum rate allowable by state law for each month that the payment remains due If any check made payable to any of the TRANSPORTATION PARTIES by CITY is returned to a TRANSPORTATION PARTY for insufficient funds (NSF) in CITY's checking account, then CITY shall be assessed a$25 (twenty-five)penalty by the TRANSPORTATION PARTY receiving the NSF check 7 TERM OF AGREEMENT 7.1 Term This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph,unless terminated in accordance with the terms set forth in Section 8 This Agreement shall take effect at 12 00 a in on July 1,2007 and shall expire at 11 59 p m.on June 30, 2008 8. TERMINATION 8.1 Termination For Cause Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this Agreement by providing written notice not less than fourteen(14)days prior to the effective date of termination. 8.2 Termination For Convenience Any party may also terminate this Agreement for convenience and without cause by providing the other party with written notice not less than sixty(60)days in advance If CITY has made payments in advance, CITY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned to TRANSPORTATION PARTIES Such reimbursement shall be at the monthly rate set forth in Attachment A for the full months remaining in the term of the Agreement If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement, either prior to termination or as a result of termination, CITY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY The TRANSPORTATION PARTY shall invoice CITY for the amount due according to the procedures outlined in Section 6 9. RECORDS 9.1 Rights Of Review Both CITY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement if a records review is commenced more than sixty(60) days after the termination of the contract, the TRANSPORTATION PARTY requesting the review shall give ten(10)days notice to CITY of the date on which the records review will begin FlexPass Agreement Page 4 of 10 City of Ken[ 1, July 1,2007—June 30,2008 10 SUCCESSORS AND ASSIGNS 101 Written Approval This Agreement and all terms,provisions, conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns All parties, however, agree that they will not assign or delegate the duties to be performed under this Agreement without prior,written approval from the other parties 11. LEGAL RELATIONS 11 1 No Partnership And No Third Party Beneficiaries CITY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or,lomt venture relationship between the parties,and does not benefit or create any rights in a third party. 11.2 Force Maleure TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement,and shall not be liable for damages due to failure to perform, resulting directly or indirectly from causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by vendors of materials or supplies,incidences of fire,flood, snow,earthquake or other acts of nature,accidents,riots, insurrection,terrorism, acts of war, order of any court or civil authonty,and strikes or other labor actions 11.3 Costs of Legal Action CITY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the return of any FlexPass Cards or amount owing under this Agreement 12. APPLICABLE LAW,FORUM 12.1 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law In the event that any litigation may be filed between the parties regarding this Agreement, CITY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides 13. DISPUTES 13 1 Dispute Resolution Procedure All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY's Benefits Manager, KING COUNTY's General Manager,Transit Division, SOUND TRANSiT's Executive Director,PIERCE TRANSIT's Chief Executive Officer or their designees. If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator in the effort to resolve the claim or dispute Such mediation shall be required before an action maybe filed to adjudicate the claim or dispute in a court of law 14 ENTIRE AGREEMENT AND AMENDMENT 141 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof. 141 Amendments And Modifications This Agreement may be amended or modified only by written instrument signed by the parties hereto 15. SAVINGS 151 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or regulation,the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt to renegotiate such provision that is invalidated or superseded by such laws or regulations. FlexPass Agreement Page 5 of 10 I Gry of Kent 1, July I,2007—June 30,2008 16. CONTACT PERSONS 16.1 Definition CITY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement,as well as ordering of all fare media and l vouchers CITY OF KENT KING COUNTY, FLEXPASS CARD ORDERS & RETURNS Contact Name Patrice Gillum Jeffrey K Won Title Human Resources Analyst Transit Planner Address City of Kent King County Metro Transit 220 Fourth Avenue S 400 Yesler Way,MS-YES-TR-0600 Kent,WA 98032-5895 Seattle,WA 98104 Telephone 253-856-5292 206-263-3452 Fax 253-856-6270 206-684-2058 E-Mail pglllum ci kent wa us Jeff-mkt-dev won metroke gov SOUND TRANSIT PIERCE TRANSIT Contact Name Christie Parker Daphne Tackett Title Policy Analyst Community Services Manager Address Sound Transit Pierce Transit 401 S Jackson Street PO Box 99070 Seattle,WA 9 8 1 04-282 6 Lakewood,WA 98499-0070 Telephone 206-398-5405 253-581-8037 Fax 206-689-3376 253-984-8227 E-Mail parkerc@soundtransit org dtackettia iercetransit or 17 EXECUTION OF AGREEMENT 17.1 Definition This Agreement shall be executed in three(4)counterparts,each one of which shall be regarded for all purposes as one original In Witness Whereof,the parties have executed this Agreement as of the date first written above CITY OF KENT KING COUNTY BY BY Victor Obeso Title- Mayor Title Manager,Transit-Service Development Date- Date PIERCE TRANSIT SOUND TRANSIT BY King County per Agent Agreement BY 'Daphne Tackett Title- Community Services Manager Date: FlexPass Agreement Page 6 of 10 City of Kent July I,2007—June 30,2008 FlexPass Agreement Attachment A - Agreement Costs Company City of Kent Start Date July 1, 2007 Area FlexPass zone South King County_ Agreement Year# 7 Quantity Rate ($/card) Cost King County . Transit access 405 $41.35 $ 16,746.75 • Home Free Guarantee (Up to 8 rides/employee/agreement) • Up to $65 per month per vanpooler • Up to $20 per month for Vanshare • FlexPass card administration • Commuter Bonus Plus voucher pool 1 pool $6,075.00 Included 405 of FlexPass cards x $15.00 Additional Van pool subsidy fund 1 $12,000.00 $ 12,000 00 King County-provided incentives 0 $0.00 $ 0.00 Total—King Count $ 28,746.75 777 11,7, ,mar do- Sound Transit • Transit access 405 $26.77 $ 10,841.85 r Ti„ Pierce Transit • Local transit bus access 405 $1.88 $ 761.40 71«7IJ 717- . , Total — FlexPass Agreement $ 40,350.00 Number of FlexPass Cards issued under this Agreement = 405 Payment Schedule = V2 in 60 and 180 days. Eligible Employee Contribution (per employee) = 50% of pass cost Monthly Rate for ONE Additional FlexPass Card * Monthly Rate for ONE Additional FlexPass Card = $4.37 * Plus Card Production and Administration fee = $2.60 per card (Note: Calculation based on $52 40/12 months + $2.60 per card. The Monthly rate does not include Commuter Bonus Plus vouchers.) Allocation: King County = $1.98 Sound Transit = $2.23 Pierce Transit = 50.16 FlexPass Agreement Page 7 of]0 Gty of Kent - July I,2007—June 30,2008 FlexPass Agreement —Attachment B Sample Employee Use Agreement Form CITY OF KENT FlexPass Use Agreement As a FlexPass holder, I agree to the following 1. The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by my employer. 2. 1 will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any other person 3. I will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass will be replaced only once per year at a charge of$50.00 A non-working FlexPass will be replaced free of charge 4. 1 will return my FlexPass upon request or when I leave my employment with this company. If I do not return my FlexPass, I authorize the amount of$171.00, for each whole and partial month remaining on the FlexPass, to be withheld from my paycheck. 5. I understand that the FlexPass card is valid for up to $65 per month on King County Metro vanpools only. I am responsible for the balance of the vanpool fare each month, payable to the vanpool bookkeeper, which is in excess of the $65 amount. I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass. Employee's Signature Date 1 Employee's Printed Name FlexPass Serial # Employee's Department or Section Transportation Coordinator Use Only - FlexPass returned: Employee's Signature Date FlexPass Serial # FlexPass Agreement Page 8 of 10 City of Kent July I,2007—June 30,2008 FlexPass Agreement Attachment C — Home Free Guarantee Home Free Guarantee(hereinafter,"HFG")is a KING COUNTY program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria,as set forth below,and taken in accordance with the terms set forth below CA DEFINITIONS C 1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence or Park&Ride to the CITY's worksite by one of the following modes Bus,carpool,vanpool,walk-on or bicycle-on ferry,bicycle, or walk C 12 Eligible Reasons For Using HFG The following are the only eligible reasons for using HFG a. Eligible Employee's or family member's unexpected illness or emergency. b Unexpected schedule change such that the normal commute mode is not available for the return commute i to the starting place of their commute Unexpected means the employee]cams of the schedule change that day c. Missing the employee's normal return commute to the starting place of their commute for reasons,other than weather or acts of nature which are beyond the employee's control,and of which they had no prior knowledge For example,the employee's carpool driver left work or worked late unexpectedly C 1.3 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include,but are not limited to,the following a. Pre-scheduled medical or other appointments. b To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace CITY's legal responsibility under workers' compensation laws and regulations c. Other situations where, in the opinion of the CITY's Program Coordinator,alternate transportation could have been arranged ahead of time C 1 4 Eligible Destinations For An HFG Ride a From the CITY's worksite to the Eligible Employee's principal place of residence b. From the CITY's worksite to the Eligible Employee's personal vehicle,e g vehicle located at a Park& Ride lot c. From the CITY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound tCA 5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the I Eligible Employee and are authorized in advance of the HFG ride by the CITY's Program Coordinator(i a pick up a necessary prescription at a pharmacy,pick up a sick child at school) C.2 CITY RESPONSIBILITIES C 2 1 HFG Program Payment CITY's payment for HFG services is accounted for in the base price of the FlexPass Agreement,as indicated in Attachment A C.2.2 Program Coordinator CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment ' C 2 3 Number Of HFG Rides Per Eligible Employee CITY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12)month period. FlexPass Agreement Page 9 of 10 City of Kent 1, July 2007—June 30,2008 FlexPass Agreement Attachment C — Home Free Guarantee (continued) C 3 HFG Program Tasks C 3.1 Process To access HFG rides,Eligible Employees shall contact the Program Coordinator The Program Coordinator shall call directly an answering service provider,contracted for by KING COUNTY The phone number shall be supplied to CITY by KING COUNTY CITY agrees to make information about how to access HFG rides available to all Eligible Employees Program Coordinator shall obtain the following information from the Eligible Employee, and provide the information to the answering service provider a Verify the Eligible Employee has commuted to the worksite by an eligible mode. b Venfy the Eligible Employee has an eligible reason and eligible destination for an HFG ride c. Ensure the Eligible Employee has valid identification to show the taxi driver d Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a receipt of the taxi trip e. CITY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each month for record keeping and accounting purposes. f The answering service provider will arrange taxi rides for the Eligible Employee CA KING COUNTY RESPONSIBILITIES C 4.1 Participating Taxi CITY(s) CITY agrees that neither KING COUNTY or answenng service provider is responsible for providing transportation services under the HFG program CITY further agrees that KING COUNTY makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement CITY agrees it shall make no claims of any kind or bring any suits of any kind against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG program Without limiting the foregoing and by way of example only, the CITY agrees that KING COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire,flood, snow,earthquake or other acts of nature,riots, insurrection,accident,order of any court or civil authority,and strikes or other labor actions C 4 2 Payment Of Authorized HFG Taxi Fares KING COUNTY shall pay the metered fare amount of a CITY's Program Coordinator-authonzed HFG ride,as defined in the DEFINITIONS section above,for a one-way distance of up to sixty(60) miles CITY or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles KING COUNTY shall not pay any taxi driver gratuity Taxi driver gratuity will be at the sole discretion of CITY or the Eligible Employee taking the HFG ride C 4 3 Reporting KING COUNTY shall keep a complete record of all authorized HFG nde requests and provide a copy of this record to CITY's designated Contact Person,if requested. C 4 4 Program Abuse KING COUNTY reserves the right to investigate and recover costs from the CITY of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as,but not limited to,taking trips for inappropriate reasons,unauthorized destinations and intermediate stops, and pre-scheduled appointments not defined in the , DEFINITIONS section above FlexPass Agreement Page 10 of 10 City of Kent July I,2007—June 30,2008 Kent City Council Meeting Date June 192 2007 Category Consent Calendar 1. SUBJECT: WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY RESOLUTION — ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. approving The Plitt Company's use of state Economic Development Finance Authority non-recourse revenue bonds. The Plitt Company will use these funds to acquire and rehabilitate an existing seafood processing plant at 22613 — 76`h Avenue South. 3. EXHIBITS: 6/5/2007 memorandum to Operations; 5/10/07 letter from WEDFA; and resolution 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: l Council Agenda Item No. 61 OFFICE OF THE MAYOR Suzette Cooke, Mayor • Phone: 253-856-5700 KEN T Fax. 253-856-6700 WASH 1 N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 5, 2007 To: Operations Committee From: Ben Wolters, Economic Development Director Regarding: Approval of The Plitt Company's Use of Non-Recourse Revenue Bonds Through the Washington Economic Development Finance Authority - Resolution MOTION: Recommend Council adopt the proposed resolution approving The Plitt Company's use of state Economic Development Finance Authority non-recourse revenue bonds to acquire and rehabilitate an existing seafood processing plant at 22613 - 76th Avenue South. SUMMARY: Occasionally the City receives a request from the Washington Economic Development Finance Authority (WEDFA) for a resolution that acknowledges the City's support of a development project where the owner intends to use revenue bonds to finance the project. Such a request was received by the City on May 11, 2007. The Plitt Company of Chicago, Inc plans to acquire and rehabilitate an existing seafood processing plant at 22613 - 76th Avenue South in the City of Kent. It intends to finance this project through WEDFA's issuance of tax-exempt non-recourse economic development ' revenue bonds. It is WEDFA's policy to only issue bonds in support of projects that would be welcomed by local communities. City administration welcomes the project and has no objection to this financing proposal. In passing this resolution, there is no liability against the City of Kent, the state, or any other political entity created by issuance of WEDFA's bonds. The bonds will not constitute an obligation of the City and no tax funds or revenues shall be used to pay the principal or interest. The City of Kent's approval will not waive any of the permitting requirements applicable to the project. BUDGET IMPACT: None. P\ovn\M0t10n5 Blue5eeets\✓IEMA-T N'XomDaW eac 1 i WASHINGTON ECONOMIC DEVELOPMENT �t FINANCE AUTHORITY � �,NMDFA 1000 Second Avenue, Suite 2 700 • Seattle, IFA 98104-1046 (206) 587-5634 • FAX (206) 389-2819 E-Mail: wedfa I May 10, 2007 MAY 1 l 2VU7 City Clerk C"OT RENT City of Kent CITY CLERK 220 Fourth Avenue South Kent, WA 98032 fRe: Washington Economic Development Finance Authority (WEDFA) - Tax- Exempt/Taxable Economic Development Revenue Bond Programs S6,000,000 The Plitt Company of Chicago, Inc. Project Dear Sir/Madam The Plitt Company of Chicago, Inc. is planning to acquire and rehabilitate an existing seafood processing plant at 22613 — 76th Avenues, Kent. They intend to finance this project through the issuance of WEDFA's tax-exempt nonrecourse economic development revenue bonds. Mr. Bob Sullivan of The Plitt Company would be happy to provide you with any further information that you might find helpful regarding the project His telephone number is- (773) 661-5137. It is the policy of the WEDFA board only to issue bonds in support of projects which would be welcomed by the local community. As part of the issuance process, therefore, we would like the Kent City Council, as the planning jurisdiction, to consider passage of a Planning Jurisdiction Approval Resolution, in form substantially as attached, in behalf of the Washington Economic Development Finance Authority (WEDFA) to issue tax-exempt economic development revenue bonds. We wish to emphasize that the only purpose of this resolution is to approve The Plitt Company of Chicago, Inc.'s use of WEDFA financing for this project. It does not supplement or replace any portion of the normal permitting process. There is no liability against the City of Kent, the state, or any other political entity created by issuance of WEDFA's bonds. JOBSAND ECONOMIC DEVELOPMENT THROUGH REVENUE BOND FINANCING City Clerk City of Kent May 10, 2007 Page two We are planning to issue the bonds toward the middle of June It would greatly assist our timing if the Kent City Council could consider this approval at an early meeting. I would appreciate it if you could send me a copy of the approved resolution should the Council look on our request favorably. Please let me know how we can work together to facilitate this process. If you have any questions, please do not hesitate to give me a call. My telephone number is: (206) 587-5634. 1 look forward to working with you on this project. Sincerely yours, 9 _ .e I Jonathan A. Hayes Executive Director cc: B. Sullivan - The Plitt Company j 1 1 i RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, approving the action of the state of Washington Economic Development Finance Authority and the issuance of non-recourse revenue bonds to finance an economic development facility for The Plitt Company of Chicago, Inc. ("the Company") and providing for other matters properly relating thereto. RECITALS in A. On April 18, 2006, the Washington Economic Development e t Finance Authority ("WEDFA") had presented to it Resolution No. W-2006-005 (the "Resolution"), a copy of which is attached and incorporated as Exhibit A, relating to the issuance of non-recourse revenue bonds wherein the proceeds of which would be loaned to the Company for the acquisition and rehabilitation of an existing seafood processing plant located at 22613 - 76th Avenue South, Kent, King County (the "Project"), all as authorized by the Economic Development Finance Authority Act of 1989, RCW Title 43, Chapter 163, as amended (the "Act"). On April 18, 2006, the WEDFA unanimously approved the Resolution. B. It is the policy of WEDFA not to issue revenue bonds except upon the approval of the county, city, or town within whose planning jurisdiction the proposed industrial development facility lies. As the Project lies within the boundaries of the city of Kent, King County, Washington, WEDFA requests Kent's approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 WEDFA Bond Approval - The Plitt Company of Chicago, Inc. RESOLUTION SECTION 1. - WEDFA Bond Approval. The Kent City Council (the "Council"), pursuant to the request of the Washington Economic Development Finance Authority (the "WEDFA"), does hereby approve the issuance of non- recourse revenue bonds (the "Bonds") by the WEDFA, for the purposes provided in the Act. SECTION 2. - Use of Bond Proceeds. The Bonds shall be issued in the aggregate principal sum of not to exceed $6,000,000 pursuant to a Resolution of WEDFA. The proceeds of the Bonds are to be lent to the Company, pursuant to a loan agreement or other appropriate financing agreement, and used for the purpose of constructing and equipping the Project, including the necessary appurtenances, located within the boundaries of the city of Kent and to pay certain costs of issuance of the Bonds. SECTION 3. - Bond Obligation. The Bonds shall not constitute an obligation of the state of Washington or of the city of Kent, and no tax funds or revenues of the state of Washington or of the city of Kent shall be used to pay the principal or interest on the Bonds. Neither the faith and credit nor any taxing power of the state of Washington or of the city of Kent shall be pledged to pay the principal or interest on the Bonds. SECTION 4. - Non-Waiver of Permitting Requirements The city of Kent hereby approves the issuance of Bonds by WEDFA for the purpose of financing the Project as described herein, a qualified project under the Act. However, such approval shall not waive any of the permitting requirements applicable to this project. SECTION S. - Approval Intent. This resolution is intended to constitute approval of the issuance of revenue bonds within the meaning of the policy of the WEDFA. 1 2 WEDFA Bond Approval - The Plitt Company of Chicago, Inc. SECTION 6. - 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 iKent, Washington, this day of June, 2007, CONCURRED in by the mayor of the city of Kent this day of June, 2007. SUZETTE COOKE, MAYOR ATTEST: 1� BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 1 I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. BRENDA JACOBER, CITY CLERK P+.aMMRean.ebilM�dwJrlMKampwn'Enc 3 WEDFA Bond Approval - The Plitt Company of Chicago, Znc. RESOLUTION NO. W-2006-005 A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE 1 ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO EXCEED $6,000,000 AND AUTHORIZING THE EXECUTION OF AN INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND THE PLITT COMPANY OF CHICAGO, INC. OR ITS SUCCESSOR OR ASSIGNS (the "Company"). WHEREAS, the Washington Economic Development Finance Authority (the "Issuer") is a duly organized and existing instrumentality of the State of Washington authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the "Act") to issue nonrecourse economic development revenue bonds for the purpose of carrying into effect the construction of improvements and the acquisition of personal properties and provide working capital suitable for use by any industry, and to loan its moneys when necessary or convenient to cant'out its powers under the Act; and WHEREAS, the Company has informed the Issuer that it wishes to acquire, construct, equip, and improve the manufacturing facilities to be located in Kent, King County, Washington, as more fully described in Exhibit A attached hereto and I incorporated herein (the "Site"), all of which are located within the territorial limits of the State of Washington, and the Company has requested the Issuer to issue nonrecourse economic development revenue bonds (the 'Bonds") in a maximum amount not to exceed 1 SIX MILLION dollars ($6,000,000) pursuant to the Act to carry into effect the acquisition, construction, equipping, and improving of real and personal property and provision of working capital at the Site to be used in the manufacturing facilities of the Company, as more fully described in Exhibit A hereto (the "Project"), to loan the proceeds of the Bonds to finance the acquisition, construction, improvement, equipping, and installation of the Project; and 1 WHEREAS, a form of agreement designated as an "Indemnification and Compensation Agreement" has been prepared setting forth the respective agreements and undertaking of the Issuer and the Company with respect to the Bonds and the Project, and WHEREAS, it is considered necessary and desirable for the best interest of the Issuer that the Indemnification and Compensation Agreement be executed for and on the behalf of the Issuer; and 1 Resolution No. W-2006-005 Page I of 6 WHEREAS, the Indemnification and Compensation Agreement requires the Company to pay all reasonable and necessary costs incurred by the Issuer in connection with the Bonds and/or in connection with the Project; and WHEREAS, the Issuer finds that the Project constitutes the development and improvement of economic development facilities under the Act; and WHEREAS, it is intended that this resolution shall constitute a declaration of j official intent to reimburse Project expenditures within the meaning of Sections 1.103- (8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations. NOW THEREFORE, be it resolved by the Washington Economic Development Finance Authority as follows: Section 1. It is hereby determined that (a) the acquisition, construction and installation of the Project and its operation as an economic development facility; (b) the issuance of the bonds of the Issuer in one or more series and in a maximum amount not to exceed S6,000,000, to finance costs of the Project, such total costs to be financed by the Bonds presently estimated to be approximately S6,000,000, and (c) the execution and delivery of such contracts and agreements with the Issuer as are necessary to provide for the payment by the Issuer of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Issuer, will all be in furtherance of the Act. Section 2. Subject to the conditions listed in Section 3 below, including such other conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to the provisions of the Act. Nothing in this resolution shall be construed as legally binding the Issuer to authorize, issue, or sell the Bonds. Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are subject to the following conditions: (a) the Company shall have caused to be issued an irrevocable letter of credit(the "Letter of Credit") by an investment-grade rated commercial bank, acceptable to the Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or shall have secured a bond purchase agreement (the 'Bond Purchase Agreement") from an Accredited Investor, as such term is defined in 17 CFR 230.501(a), acceptable to the Issuer, for the purchase of the Bonds; (b) the Company shall enter into such contracts and loan agreements with the Issuer as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as when the same shall come due and payable; Resolution No. W-2006-005 Page 2 of 6 1 (c) on or before two (2) years from the date hereof(or such later date as shall be mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to to paragraph (b) of this Section 3, (d) the Issuer shall have received an opinion of bond counsel that, with certain customary exceptions, such of the Bonds which it is intended shall be issued as tax- exempt obligations may be so issued pursuant to the provisions of the Internal Revenue Code of 1986; (e) if required, the Issuer shall have received an allocation of the State ceiling on private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in an amount equal to the aggregate face amount of such of the Bonds as shall be issued as tax-exempt obligations, and shall have allocated such amount to the Bonds; (f) the Issuer shall have received evidence that the county, city, or town within whose planning jurisdiction the Project lies has approved the Project and the Bonds or such other evidence satisfactory to the Issuer that the Project will be welcomed by the community in which the Project will be located, and (g) such other conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt status of such of the Bonds as shall be issued as tax-exempt obligations. Section 4. The proper officials of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof under the terms and conditions stated herein and in compliance with the applicable provisions of law. Section 5. That it is deemed necessary and advisable that the Indemnification and Compensation Agreement be approved and executed for and on behalf of the Issuer. Section 6. That an Indemnification and Compensation Agreement by and between the Issuer and the Company be, and the same is hereby, approved and authorized and the Chair of the Issuer is hereby authorized to execute the Indemnification and Compensation Agreement on behalf of the Issuer. Section 7. Each Bond, when and if issued, shall substantially state the following language on the face thereof: THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, ISUBDIVISION, OR AGENCY OF THE STATE OF WASHINGTON, OR TO PLEDGE iResolution No. W-2006-005 Page 3 of 6 ANY OR ALL OF THE FAITH AND CREDIT OF ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR OF THE INTEREST ON THE BONDS. Section 8. This Resolution shall be effective after its adoption. ADOPTED by the Washington Economic Development Finance Authority this IB th day of prvi�,200 G WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY By: Gv . Chair Resolution No.W-2006-005 Page 4 of 6 t EXHIBIT A DESCRIPTION OF PROJECT AND SITE The Project will consist of: Acquisition of a current seafood processing plant and rehabilitation of the building and equipment to meet current standards. The plant will be used for the production of premium seafood production of premium seafood products The plant is located at 22613 76th Avenue South in Kent i l 1 1 Resolution No. W-2006-005 Page 5 of 6 CERTIFICATE I, the undersigned, Secretary of the Washington Economic Development Finance Authority(herein called the "Issuer"), DO HEREBY CERTIFY: 1. That the attached Resolution No. W-2006-005 (herein called the "Resolution") is a true and correct copy of a resolution of the Issuer as finally adopted at a special meeting of the Board of Directors of the Issuer held on the 11th day of April, 2006, and duly recorded in my office. , 2. That said meeting was duly convened and held in all aspects in accordance with law, and, to the extent required by law and the by-laws of the Issuer, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Washington Economic Development Finance Authority voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS THEREOF, I have hereunto set my hand this(g th day of April, 2006. 11 1 Secretary _ ,f Resolution No. W-2006-005 Page 6 of 6 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: NEIGHBORHOOD COUNCIL PROGRAM RESOLUTIONS — ADOPT 2. SUMMARY STATEMENT: Adopt Resolution Nos. , and which recognize the Arbor Village, Autumn Glen, Lake Meridian, and Salt Air Hills Neighborhood Councils, support their community building efforts, and confer all opportunities offered by the City's Neighborhood Program. The City's new Neighborhood Program is an initiative designed to foster better communication among residents within a geographic area as well as with city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. In order to further that objective, the program encourages organization of neighborhood councils. These councils serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing partnerships between City government and the neighborhoods they serve. 3. EXHIBITS: Resolutions 4. RECOMMENDED BY: Planning and Economic Development 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 S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J I RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Arbor Village Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make 1 improvements in defined neighborhoods. C. The Arbor Village neighborhood, which is bounded to the north by Kent-Kangley Road, to the east by 1415t Avenue SE, to the south by 275th Place and 2761h Street, and to the west by 1371h Avenue to include 274th Place, consists of 130 housing units. On April 15, 2007, the Arbor Village neighborhood completed and turned in an official registration form requesting that the City 1 recognize the Arbor Village Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. 1 Arbor Village — Neighborhood Council NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Neighborhood Council. - The City Council for # the City of Kent hereby acknowledges the effort and commitment of the Arbor Village neighborhood and all those who participated in forming the Arbor Village , Neighborhood Council. The Kent City Council hereby recognizes Arbor Village as an official Neighborhood Council of the City of Kent, supports Arbor Village's community building efforts, and confers on the Arbor Village Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, 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 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 June, 2007. CONCURRED in by the mayor of the city of Kent this day of June, 2007. SUZETTE COOKE, MAYOR i ATTEST: BRENDA JACOBER, CITY CLERK 2 Arbor Village - Neighborhood Council r 1 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. BRENDA JACOBER, CITY CLERK n ttWl t IuWn\xejghW noa Uo l/WNinage a« i 1 1 I 1 1 3 Arbor Village — Neighborhood Council RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Autumn Glen Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote 1 and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. 1 B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make ' improvements in defined neighborhoods. C. The Autumn Glen neighborhood, which is bounded to the north by 272nd Street SE, to the east by 105`" Avenue SE, to the south by 273rd Place SE, and to the west by 104`h Avenue SE, consists of 20 housing units. On May 7, 1 2007, the Autumn Glen neighborhood completed and turned in an official registration form requesting that the City recognize the Autumn Glen Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. 1 Autumn Glen — Neighborhood Council NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Autumn Glen neighborhood and all those who participated in forming the Autumn Glen , Neighborhood Council. The Kent City Council hereby recognizes Autumn Glen as an official Neighborhood Council of the City of Kent, supports Autumn Glen's ' community building efforts, and confers on the Autumn Glen Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, 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 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 June, 2007. CONCURRED in by the mayor of the city of Kent this day of June, 2007. SUZETTE COOKE, MAYOR t ATTEST: , BRENDA JACOBER, CITY CLERK 2 Autumn Glen - , Neighborhood Council r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. I BRENDA JACOBER, CITY CLERK o uvnwesauiwnegnnorrwoetawxn nuumckn aoc i 1 1 1 I r ! 3 Autumn Glen — Neighborhood Council r I RESOLUTION NO. I A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Lake Meridian Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Lake Meridian neighborhood is bounded by everything lake front 1 east of 132nd Avenue SE between 256th and 2661h and consists of approximately 350 housing units. On March 26, 2007, the Lake Meridian neighborhood completed and turned in an official registration form requesting that the City recognize the Lake Meridian Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. I 1 Lake Meridian — Neighborhood Council NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Lake Meridian neighborhood and all those who participated in forming the Lake Meridian Neighborhood Council. The Kent City Council hereby recognizes Lake Meridian as an official Neighborhood Council of the City of Kent, supports Lake Meridian's , community building efforts, and confers on the Lake Meridian Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, 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 3. - Rabfication. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 June, 2007. CONCURRED in by the mayor of the city of Kent this day of June, , 2007. SUZETTE COOKE, MAYOR ATTEST: , BRENDA JACOBER, CITY CLERK 2 Lake Meridian - , Neighborhood Council APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. 1 BRENDA JACOBER, CITY CLERK e KHt[�ew om�eighUO Counniiake"Mdan a« 1 1 1 1 1 1 1 3 Lake Meridian — Neighborhood Council i RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Salt Air Hills Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote ' and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. ' B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Salt Air Hills neighborhood, which is bounded to the north by ' South 248th Street, to the east by Pacific Highway South, to the south by S. 252nd Street, and to the west by 20th Avenue South, consists of 196 housing units. On ' October 18, 2006, the Salt Air Hills neighborhood completed and turned in an official registration form requesting that the City recognize the Salt Air Hills Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. 1 1 Salt Air Hills — Neighborhood Council NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recoorntion of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Salt Air , Hills neighborhood and all those who participated in forming the Salt Air Hills Neighborhood Council. The Kent City Council hereby recognizes Salt Air Hills as an official Neighborhood Council of the City of Kent, supports Salt Air Hills' community building efforts, and confers on the Salt Air Hills Neighborhood Council all opportunities offered by the City's Neighborhood Program. , SECTION 2. - Severability. If any section, subsection, paragraph, ' 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 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 I Kent, Washington, this day of June, 2007. CONCURRED in by the mayor of the city of Kent this day of June, 2007. SUZETTE COOKE, MAYOR , ATTEST: ' BRENDA JACOBER, CITY CLERK , 2 Salt Air Hills - ' Neighborhood Council APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. BRENDA JACOBER, CITY CLERK r%OWRMWUwn\elyhDWMeECeunnl 4"iMllb dM 1 ' 3 Salt Air Hills — Neighborhood Council Kent City Council Meeting ' Date June 19, 2007 Category Consent Calendar 1. SUBJECT: LANG SHORT PLAT BILL OF SALE —ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Lang Short Plat for 372 linear feet of storm sewer line, 1 storm filter, and 4 catch basins. The project is located at 27626 -145`h PL SE. 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. 6K y 1 KENT WASHINGTON ' MAIL TO: ENGINEERING DEPARTMENT ' ATTN:/-11--14 TNt 7Z oMrF1 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:Z'ghwG �y/-klzT P/i97— LOCATION:A.;def o�= S.E278ru Sf, TAX ACCT NO: BILL OF SALE ' CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of�—20 D "r ,by and between _CA>ffg; L.4NC7 , hereinafter called "Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called "Grantee": WTTNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMATNS: together with a total of gate valves at S each, hydrants at S each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at S per LF of (size&type) waterline. B. SANTTARY SEWERS: Together with a total of manholes at 1 S each and/or any other appurtenances thereto. I of4 Bill of Sale 1 ON FROM TO , (street,esmt,etc) Including linear feet at S per LF of (size & type) sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances ' thereto. ON FROM TO (street,esmt,etc) 1 Including centerline LF at S per LF of 1 (type)streets, Feet asphalt roadway. D. STORM SEWERS: Together with a total of mmAwies at S Z5 0o d each or a total of L _catch basins at S each, LF of biofltration swale or drainage ditch with a total cost of S , CF of detention pond storage with a total cost of S ,and 1 or any other appurtenances thereto. ON FROM TO ' (street,esmt,etc) � zy.dv , Including y2 U linear feet at S Z,5.Go 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,the undersigned has caused this instrument to be executed on , this Z 2-I-L day of kfA gel 20 ?�oyZ�_. 1 " T i 1 1 2 of4 Bill of Sale ' STATE OF WASBINGTON ) )SS ' COUNTY OF KING ) On this L Z " day of ,20 v 7 ,before me,the undersigned A Notary Public in and for the Stite of Washington,duly commissioned and sworn,Personally appeared GffEKic Lea.ei 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 Z_ ' day of Mlq� 20 O '7 Notary Public in and for the State of Washington,residing at My Commission Expires: — -' aa v o�s_;sQ-end:•;f .f O ' 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 120 3 of 4 Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for 1-/- W& d�027 T project dated Zjfd!� Z,/, 'off ,were ' based on the"As-Built"Engineering Plans dated .Tu��., oG . 'U ,for the same said �l4ryC� �$/�o2t /����` ✓ project. O 4e,' the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of D/'?;P %AIC7<NzE12/1v G ,the firm , responsible for the preparation of the"As-Built" Engineering Drawings. Signature t°moo 2G 0 � 1J e 4 `v Lire EXPIRES ' t 4 of 4 t Bill of Sale Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: RIDGE AT GARRISON CREEK BILL OF SALE—ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Ridge at Garrison Creek Plat for 3 watermain gate valves, 2 hydrants, 594 linear feet of watermam, 1,190 linear feet of sanitary sewer, 9 sanitary sewer manholes, 617 centerline linear feet of streets, 3 storm manholes, 18 catch basins, 35,000 cubic feet of detention pond storage, and 1,293 linear feet of storm sewer line. The project is located at 22821 — 100`h Ave SE. 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 tCurrently 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 i KENT WASNINGTON MAIL.TO: ENGINEERING DEPARTMENT ATTN: 220 47"AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:Ridge at Garrison Creek LOCATION:22731-100th Avenue S.E. ' TAX ACCT NO:182205-9001 and-9005 BILL OF SALE ' CITY OF KENT KING COUNTY,WASIHNGTON TICS INSTRUMENT made this / 72 day of 171AJ�_20 0 ,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: 1 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 3 gate valves at$800.00 each, 2 hydrants at S 2,600,00 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) SE 128*Place IW Avenue S.E. 9e Place Including 594 linear feet at$30.00 per LF of 8" (size&type) Ductile Iron waterline. B. S MI RY RR C; Together with a total of 9 manholes at $2,200.00 each and/or any other appurtenances thereto ON FROM TO (street,esmt,etc) S E.218`"Place JOO Avenue SE 98"Place Including 1.190 Knear feet at$30.00 per LF of 8"PVC sewer line. C. $ E1 Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ' ON FROM TO (street,esmt,etc) SE 228i0 Place IOe Avenue S E 9e Place Including 617 centerline LF at S 160.00 per LF of Residennal (type)streets, 617 Feet asphalt roadway. e Page 1 of 1126303SAbc Bill of Sale D. STORM C . RS; Together with a total of 3 manholes at$1,800,00 ' each or a total of_18 catch basins at$900,00 each,_0 LF of biofiltrahon swale or drainage ditch with a total cost of$ 35.000 CF of detention pond storage with a total cost of SS30.000 .and/or any other appurtenances thereto. ON FROM T (street,esmt,etc) S E 2284 Place Me Avenue SE. 986'Place Including 1,293 linear feet at S 22.00 perLF of (sue&type) 12 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 some 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' ' , 41 6hexecuted on this day of0 �I STATE OF WASHINGTON ) ' )SS COUNTY OF KING ) On this day of ,20.before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and , sworn,Personally appeared to me(mown to be the individual described in and who executed the foregoing instrument,and acknowledged to roe that be/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 day of 20 Notary Public in and for the ' State of Washington,residing at My Commission Expires:_ Page 2 of4 11263 035Aw Bill of Sale .rs STATE OF WASHBVGTON ) )SS COUNTY OF KING' )On this T—tom t t N� day of `"\aA / 20 ©� before me,the undersigned,a Notary Puljlic is and for tbg State of Washington,duly co sstoaed and sworn,personally appeared l'r and Ket' � to me known to�j the Land- Rr 4-y4��-+2- and respectivelyof 1 �U �V�rYrtlS�Oe the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said 1',4YF>cY'rLiti a 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. .Nit t :11 n 5 Notary Publi Rov; n for the v NO i APY resi i at a: O; J .K My Commission Expires: III`• • ,.•°• aj~ `Y The Bill of Sale is gived Ltd 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 a Page 3 of 4 11263_035Ax Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT , The figures used on the Bill of Sale for Ridge at Garrison Creek project dated May 8. 2007 ,were based on the "As-Built" Engineering Plans dated May 8. 2007 ,for the same said Ridge at Gar rison Creek project. Hal P. Grubb, P.E. the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Enomeers. Inc. ,the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: BURKHARDT SEWER MAIN EXTENSION BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Burkhardt Sewer Main Extension for 314 linear feet of sanitary sewer, 2 sanitary sewer manholes, and 620 centerline linear feet of streets. The project is located at 24439 — 109`h PL SE. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditures N/A Revenue? N/A ' Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S ' Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M Bill of Sale Page 1 of so KENT WAS HI N G T 0 N hiAIL TO: ENGINEERING DEPARTMENT ATTN-. 220 4Tn AVENUE SOUTH KENT,WASHINGTON 48032 PROJECT:1O�PL• �SE _ 5�� �XTEa4510T1' LOCATION: IOq�QL_�_.e- S� �f}q-'M TAX ACCT NO:_�t3_ BILL OF SALF. RtCC CITY OF KENT KING COUNTY,WASTIMGTON THIS INSTRUA NT made this 30-` Jay of_ARt L, 20 o-t , by and between hereinafter cat!--! "Grantors",and City of Kent,a nrunicipal corporation of King County.State of W:Li-nington,harinaftcr Gaited "Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described intpru�ernentc: A. _XYA, T_ERNL'JI bS: together with a total of gate valves at S_ cacti, hydrants at S _each and!ar any other appurtenances thereto. ON FROif TO (street,esnnt,etc) Including_ ,ear feet at per LF of (size& type) waterline. 13. Ste'`1T_A RY_S N3T_RS: Together with a total of 2 rnanWes at S 0 each and/or any other appurtenances thereto. ON FROM TO (sir eet,esrnt,etc) oily' PC Cc>1a b nG 1 Page I of4 UIII o1'Sale Bill of Sale Page 2 of Including linear feet at S 44 4SO.60 per LF of tr (size& type) 1TIG surer line. C. STRF.F.TS: Together with curbs, gutters,sidewalks,and /or any other appurtenances thereto. ON FROM TO --AA c. LJ � (street,esmt,etc) SpJT� 2hR 4 l I oia PL• SF- � T. Including 402�O centerline LF at S 120 ,oo per LF of Rs�f IHI,Z (type)streets,,Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at S each or a total of catch basins at S each, LF of biofrltration sn ate or drainage ditch with a total cost of S , CF of detention pond storage with a total cost of S , and/or any other appurtenances thereto. ON FROM TO (street,esmt, etc) Including linear feet at S_ per LF of _ (size& type) se«er line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby co-,enauts that it is the lawful oF%ner of said property; and fliat 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 "arrant and defend the same against the la%Nful claims and demand of all person. The Bill of Site is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility sfstent and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed an this day of IV1F1 ,2fl ��c r �l�sl�bcr� 04 S. �K�ra. , � Qrzt=sir,��T) �nlJt��lT S• f�1t��4�lT(Fv A�>"IiKAL �a�aST�LuLTIC�J �a�(� �1{yc_ta� cNStRuC�1G^r �''i� ' STATE OF WASIIINGTON ) ) SS COUNTY OF KING ) �A On this c clay of 1' ,20 0 ,before me, the undersi;ned A Notary Public in and for the SMe of Washington,duty coin missioned and Page 2 of 4 Bill of Sale 1 Bill of Sale Page 3 of iI sworn,Personally appeared Z�3<,LO1 NA S - k 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 band and official seal this 1�mat day of 1n V M- 20 0 _. g1NGp/ "�� i�3�JU O $%ON Q �4 '9';q-Stary Public in and for the NOTARY Nt rSote of Washington,residing at PUBUG •• G joMy Commission Expires: 'Oq STATE OF WASUI TGTON ) )SS COUNTY OF PMNG � ) On this 9�I,\ day of_ 120 C`� ,before me,the undersigned,a Notary Public in and forUbe State of Vashrngton,duly commissioned and sworn, personally appeared p i C t q 2nd �c p,,— &,ol—)nY\ to me known to be the _ andj respectively of the r— that executed the foregoing instr ument, and acknowledged the said instr untent 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. `xxv�..N Notary Public in and for the i e°, NOTARY 9�:r _ State of GVashfwb on, residing at : Quel_IC = 6 4 sr�••.�?lpe,V -`"d G— tit f w� �� y ............ My Commission Expires: T G � '',,OW t 11\\```` 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 bent, Kin-Count),Washrn;ton,on the day of Page 3 of 4 ' Bill of Sale .400 \S7 KEN T WAS HINGTON ' ADDENDU\I TO BILL OF SALE CITY OF KENT t Rf_:� GG Zf�OSZ-? KING COUNTY. W'ASHINGTON The figures used on the Bill of Sale for 109LL PL . SE SF—w� mA IV—+ E I;YsSI Ot-_l project dated Z/L`3 f 05- Here based on the "As-Built" Engineering Plans dated 4[-,? pL07 , for the sane said (03* FL . Zfa- ► A-trot E.� project. Ps,((lam apt ( ,R t h e undersigned P.E. or land sur%evor is the person responsible for the preparation of the Bill of Sale and is an emploN ee of -J t�EGoL Y the firm responsible for the preparation of the "As-Built" Engineering Dra11 ings. Sig ture Vt I Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: CANTERA BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Cantera Plat for 2,850 linear feet of sanitary sewer, 19 sanitary sewer manholes, 2,754 centerline linear feet of streets, 4,565 linear feet of storm sewer line, 33 manholes, 26 catch basins, and 166,191 cubic feet of detention pond storage The project is located at 27864 — 1241h 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: 1 Council Agenda Item No. 6N f Bill of Sale Page I of 3 KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATCN:.NE=<}T7-f�Q_ 7W-0+1ir=. 220 4`AVENUE SOUTH KENT,WASH INGTON 98032 fPROJECT: CANTERA LOCATION:Z_TA b I I2�+1 AJpSE q�U TAX ACCT NO: 3 3 z0S—,J L)2b BILL OF SALE CITY OF]TENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 24th day of January 20 07 by and between SBI Developme,Inc. , hereinafter called"Grantors",and City of Kent,a municipal corporatton 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 1VAT .RMAILLT: together with a total of 0 gate valves at S 0 each, 0 hydrants at S 0 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 0 linear feet at S 0 per LF of 0 (size&type) 0 waterline. B. SANITARY SEWERS: Together with a total of 19 manholes at S 1 2.6S0.00 each and/or any other appurtenances thereto. ON FROM TO SE 278'4 Place 124 Avenue SE SE 278'"Place East Terminus 125'b Place SE South Project Boundary SE 279'"Place SE 279'b Place 125'"Place SE 126"'Avenue SE 126'b Am Cane SE SE 279'b Place North Project Boundary 126'b Place SE SE 278i'Place SE 280'"Street 12d'"Place SE(Private) 124"Place SE(Private) SE 278"Place South Terminus Tract B Tract B South Terminus SE 278'"Place Tract I SE 278'"Place Tract I North Terminus Including 2,850 linear feet at S 30.00 per LF of 8"diameter (sae&ti Pe) PVC sewer line. f f Page 1 of Bill orsale Bill of Sale Page 2 of 3 C. STRFETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO SE 278"'Place 124"Avenue SE SE 278"Place East Terminus 125'6 Place SE South Project Boundary SE 279'h Place SE 279"Place I25"'Place SE 126"'Avenue SE 126"'Avenue SE SE 279'"Place North Project Boundary 126"'Place SE SE 278'h Place SE 280"Street Including 2,754 centerline LF at S 172.00 per LF of residential (t)pe)streets, 28 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 33 manholes at$ 3,275 00 each or a total of 26 catch basins at S795.00 each, 0 LF of ' biorillration swale or drainage ditch with a total cost of$ 0 166,191 CF of detention pond storage with a total cost of$ 149,191.00 and i or any other appurtenances thereto. ON FROM TO SE 278'h Place 124"Avenue SE SE 278'h Place East Terminus 125"Place SE South Project Boundary SE 2791h Place SE 279'h Place 125'h Place SE 1261h Avenue SE 1261h Avenue SE SE 279" Place North Project Boundary 126"Place SE SE 278'h Place SE 280"Street 124'h Place SE(Private) 124"Place SE(Private) SE 2781h Place South Terminus Tract B Tract B South Terminus SE 278''Place Tract 1 SE 2781"Place Tract I North Terminus Tract J SE 279"Place Tract J East Terminus lncluding 4,565 linear feet at$ 31.00 per LF of 12",15"and 18" Diameter (size&t)pe) PVC server 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 laii ful 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 incoi porale said utilities in its utility system and to maintain them as pros ided in the applicable City 01 dinances. IN IVITNESp WHEREOF,theyiadersigned has caused this instrument to be executed on this ZY 7 day of •, ,_, 200 STATE OF WASHINGTON ) )SS COUNTY OF 1UNG ) On this =`1 f day of b •T_20 . '1 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personallyappeated � 1,�, ,- i'n � to me known to be the individual described in and„ho executed the foregoing instrument,and acknowledged to me that helshe signed and sealed this instrument asihis/her free and voluntary act and deed for the uses and purposes thei em mentioned ` Page 2 of 3 Bill or5ale j Bill of Sale Page 3 of 3 GIVEN under my hand and official seal this day of ' - 20 '-1 We w Notary Public in and for the Z : TA9Y Y State of Washington,residing at t =;Of."' ,It, My Commission Es Tres: STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 before me,the undersigned,a Notary Public in and for the State of Washington,duty commissioned and swo,n,personally appear ed and to me known to be the and respectively of the that executed the foregoing instrument,and acknoNledged 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. 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 Kite City Council of the City of Kent,King County,Washington,on the day of .20 i KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Cantera project dated January 24,2007 , were based on the "As-Built" Engineering Plans dated January 23,2007 ,for the same said Cantera project. Steve Kelly, P.E. 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 I responsible for the preparation of the "As-Built" Engineering Drawings. Signature Kent City Council Meeting Date June 19, 2007 Category Consent Calendar j1. SUBJECT: ACES ACRE/SMITH SHORT PLAT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Ace's Acre/Smith Short Plat for 338 linear feet of watermain, 5 gate valves, 2 hydrants, 1,2261mear feet of sanitary sewer, 2 sanitary sewer manholes, 338 centerline linear feet of streets, 1,007 linear feet of storm sewer line, 4 manholes, 12 catch basins, and 21,075 cubic feet of detention pond storage. The project is located at 22235 — 941h Ave SE. 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 i I DISCUSSION: ACTION: ' Council Agenda Item No. 60 iBill of Sale Page 1 of 3 dh i KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ' ATTN: 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 �-I�,, la�� PROJECT: Aces ' `�^�— i ,�i'Yl l(e( LocATION:aaa3s- TAXAccrNO: QQ024ppt BILL OF SALE CITY OF KENT iKING COUNTY,WASHINGTON THIS INSTRUMENT made this )3 day of 20 G({ by and between hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafler called"Grantee": iWITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATJVJAM: together with a total of 3 'e gate valves at SC S" C1 00%' each, 2. hydrants at S,-.�cojv each and/or any other appurtenances thereto. ON 5. Z23:j- Place FROM Cj kvc S. \�6+TQ Ena of C0t-lie-S4L (street,esmt,etc) i Including 337• linear feet at S Z� per LF of S (size&type)DvcFj le Sion waterline. B. BS: Together with a total of Z manholes at S i each and/or any other appurtenances thereto.'� ON S.223f Place FROM `�'{-P'�S. tryes( TO £nia (street,esmt,etc) rind l S 5 {arQy� Scwe-r �5�t i S78.5 4o f ` PVC- bran Including 3y7.&' S` linear feet at S(S) ZO` per LF of f3" 'PVC - Including&type)(Ia►m- sewer lime. i C. CTRFFTS: Together with curbs,gutters,sidewalks,and I or any other appurtenances thereto. ON S. 223t@Place FROM gtTkA..e.S. \41+ IQE1cl1 -CC I-De-Sac (street,esmt,etc) w �(a5S Including 338,22 centerline LF at S 71'/ per LF ofpvultw rAVlude, (type)streets,_e_Feet asphalt roadway. D. STORM SF.W_F.RS Together with a total of manholes at SZ22��� each ark a total of (2 catch basins at S each, LF of biariltration se ale or drainage ditch with a total cost of S Bill of Sale Page 2 of 3 1 1075CF of detention pond storage with a total cost of S 4,5 0_`8 ,and I or any other appurtenances thereto. ON S.ZZItA Rye FROM 9LFLhA,,GS �tes T TO ,.j (street,esmt,etrl '0/� i{ r End aF CAI-de -sac L `l 9 /72- -) IfoD c�Sw�1to{� OV14 pki:f o zoo'f�L rJor+ Z"P.e� L° / �y 12�wc) J v 'PvC t2" IncludinglWio(s�x�(,x inear feet at SS l2 x 3•� per LF of "PVG 12" ZG (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 at 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 d/a�yf/of �C %r-it3F'P ,20 e Du�n',Fi� STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this /L day of Dec e, &r2 ,20 V 66 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that helsbe 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 /Z 7-" day of .etc e b o 20 a.1, �`` sg� pyRlri�� Notary Public in and for the State of Washington,residing at I..fQ ryttl O -i v 's�B 15 _ ��. '�n,, ,o"'a0 = My Commission Expires:_ of tvnsN\ , STATE OF WASHINGTON ) )SS COUNTY OF HINC ) On this day of 20 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and 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. Bill of Sale Page 3 of 3 1 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 .20 t [ i 1 [ t [ A KENT W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF]KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for A ne'5 Acre S�orl P!a 1 G,V1 U P0.0 L sh1� Stn pft p)a_V project dated to 10.8103 were based on the"As-Built" Engineering Plans dated_ 2- O (v Q Co ,for 'AAnn SodPk+ anA aul 'Sm-+ 'So thesamesaid4Ce15 �LG project. UVl clot the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of D M the firm responsible for the preparation of the"As-Built"Engineering Drawings. i L Signature / Kent City Council Meeting Date June 19. 2007 Category Consent Calendar I1. SUBJECT: SINGH RESIDENCE BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Singh Residence for 289 linear feet of storm sewer line, 1 manhole, and 3 catch basins. The project is located at 25210 —45`s PI SE. t 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 Budget9 Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P • 440 KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4Tn AVENUE SOUTH KENT,WASHINGTON 98032 #2AD30US: PROJECT: 5L cs,$A&VA Le, LOCATION: TAX ACCT NO: tat 11 1:�O IUX) BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT Ile this L ¢ �` day of / p^;f 2007 , by and between V t V,�7. n('l it , hereinafter called "Grantors", and of Kent,a municipal corporation of King County, State of Washington,hereinafter called"Grantee": W ITNESSETH: 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 ofZ� d $ each, hydranany other appurtenances thereto. ON FROM (street,esmt,etc) Including linear feet at$ i (size& type) waterline. B. SANITARY SEWERS: Toget r with a total of manholes at $ each and /or any other a urtenances thereto. 1 of4 Bill of Sale ON FROM T (street,esmt, etc) Including linear feet at$ per LF of (size& type) sewer line. C. STREETS: Together with curbs tters,sidewalks,and/or any other appurtenances thereto. ON F M TO (street,esmt, etc) Including centerline LF at$ per LF of (type) streets, Feet asphalt roadway. D. STORM SEWERS: Together with a total of 1 manholes at$ asc� each or a total of !catch basins at$ each, LF of biofiltrati swale or drainage ditch with a total cost of S CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. r ' ON FROM hr � P, TO L�,Y e ��w Ic.K '(`G� (street, esmt, etc) Including "a2C1 linear feet at$ ✓ -��� per LF of � J (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 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 Z�� day of A o, i ( ,20 ,0 7 �MIZr lT �iN4h� 2 of 4 Bill of Sale t STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I On this z g-7%-\ day of 20 e 7 , before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/sire signed and sealed this instrument as his/heefree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this z4- day of A 20 P 7 „..,,,N.,, Notary Public in and for the aGR ,, State of Washington, residing at �¢�o�OT/tgy:�:� t ,o""' My Commission Expires- LA t18 L1C' t �top*irov,i� l2- -09 -L�og t The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and I passed by the City Council of the City of Kent, King County,Washington, on the day of 20 t t t t 3 of4 Bill of Sale KENT W A S H I N G T O N ADDENDUM TO BILL OT SALE CITY OF KENT KING COUNTY,WASMNGTON The figures used on the Bill of Sale for project dated P.,/Z 5 /o y , were based on the"As-Built" Engineering Plans dated -9 AD 7 , for the same said S/iVC�/� /��S//��ECG project. /`'/G L the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of l Aic • , the firm responsible for the preparation of the "As-Built"Engineering Drawings. V A�,. Signature U) oMAL EXPOIESJANUARY 9�, 1 1 IKent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: PNW EQUIPMENT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for PNW Equipment for 100 linear feet of watermain and 1 gate valve. The project is located at the southwest corner of 781h Ave S and S. 200`h St. 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. 6Q 400 so KENT ' WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATCN. Heather Thomas 2204T" AVENUE SOUTH KENT.WASHINGTON 98032 PROJECT:P,dlF aurnntent LOCATION:.5I17C of 78i"Ave S &S. 700 Street. TAX ACCT NO:631500-0250&0252 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 24 day of Anvil 2007 by and between ,hereinafter called "Grantors",and City of Kent,a municipal corporation of lung County,State of Washington, hereinafter called`Grantee'_ WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the folloeing described Improvements: A. WATF.RNIAINS• together with a total of_I gate valves at S 600 each, �bydrants at S—XL each and l or any other appurtenances thereto. ON South 200th FROM TO New Building I (street,esmt,etc) Including 100 linear feet at S 30 per LF of 6" (size S type) DI waterline. B. SANITARY Soli RS: Together viith a total of manholes at $ eaclt and l or any other appurtenances thereto. ON FROM O (street,esnit,etc) tIncluding linear feet at$ per LF or- 'it sewer line. C. TTiiEETS: Together orbs,gutters,sidewalks,and!o r appurtenances thereto. ON FROM TO (street,esmt,etc) Including centerline LF at$ per LF of (type)streets, Feet asphalt roadwai. I Page 1 Gf 4 11956 013.doc 11956 013 doe[218 661 Bill of Sale D. STORM SEWERS: Together with a total of man s at$ each or a total of catch basins at$ each, LF of bioGltratton swale or drainage ditch with a total co CF of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FR TO (street,esmt,etc) 1 Iucludioa linear feet at$ per LF of (size pe) sewer line. 1 To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hei eby 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 prosided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this .747'N day of P2 I z_ 20 0 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this y rn day of 1NYl 20 Q before me the undersigned A Notary Public in and for 06 State of Washington,duly commissioned and six orn,Personally appeared Or Y hwrl 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. t GIVEN under my hand and official seal this Y r 11 day of 7I I 20 Notary Alblo , N tary Public in an'd for the State ofWashutgtmt,residing at My APPO *MWW EW&"Apt 17.2110111 My Commission Expires:_ r Page 2 of 4 11956 013 doe t 195e ota doe[?nrt16] Bill or Sale 1 STATE OF WASHINGTON ) r )SS COUNTY OF KING ) On this day of 20 before me,the undersigned,a Notary Public in and for the State of W. nngton,duly commissioned and sworn,personally appeared z and to me known to be the and respectively of the that executed the fox egoing instrument,and ac- Nvledged the said instrument to he the free and voluntary act and deed of smd for the uses and purposes therein mentioned,and on oatlystated that they are aulhorized to execute the said instrument. Z7 ' Witness my hand and official at hereto affix the day and year first above written. r Notary Public in and for the State of Washington,residing at My Commission Expires: r 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,Krug County,Washington,on the day of .20 1 � 1 1 1 1 r I 1 r Payee 3 of 4 11956 013 doe 1IO,S6.at3Me(JdR161 Bill of Sale r ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bdl of Sale for PWPV Eamprent ' project dated 7-06-06 %ere based on the"As-Built"Engineering Plans dated +'-�7-07 ,for the same said PAV EpaQnncnt project. Daniel K Rahnellr the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill t of Sale and is an employee of Barghau.seu Conerlinr-Engineers./nc, the firm ' responsible for the preparation of the"As-Built"Engineering Drawings. Signature j f 1 C � al EXPIRES �. 0 Page 4 of 11956 013 doc 11956 nu dim[33A161 Bill of Sale Kent City Council Meeting Date June 19, 2007 Category Consent Calendar ' 1. SUBJECT: WEST VALLEY HIGHWAY @ 212TH, PHASE II BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for West Valley @ 212`h, Phase II for 515 linear feet of watermain, 2 gate valves, 3 hydrants, 142 linear feet of sanitary sewer, and 2 manholes. The project is located at the northwest corner of West Valley and S. 2121h St 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: 1 Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R t 6to � a �� 1 • ENT WASHINGTON ' MAR,TO: ENGINEERING DEPARTMENT ATTN: Jackie Bicknell 220 4T AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Phase 2 West Valley Q)212th IKIVA 2062267 LOCATION: NWC-West Valley and South 212th Street TAX ACCT NO: 112204-9090 112204-9089 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON 1 THIS INSTRUMENT made this ��� day of 2001 by and between Gateway Kent,LP.,a Delaware limited partnership, 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: fA. WATF. MAINS: Together with a total of two 2 gate valves at$800.00 each, three 3 hydrants at$2,200.00 each and /or any other appurtenances thereto. ON So. 209th Street(Easement) FROM 66th Avenue So. TO 67th Avenue So. if extended (street,esmt,etc) and ON So.211th Street(Easement) FROM 66th Avenue So. TO 67th Avenue So. if extended (street,esmt, etc) Including 515 linear feet at$22.00 per LF of 8-inch diameter ductile iron pipe waterline. I 1 of 4 Phase 2-Bill of Sale doc BIII of Sale B. SANITARY SEWERS: Together with a total of two 2 manholes at $ 1,800.00 each and /or any other appurtenances thereto. ON So.211th Street(Easement) FROM 66th Avenue So. TO 67th Avenue So. if extended (street,esmt,etc) Including 142 linear feet at$ 22.00 per LF of 8-inch-diameter PVC pipe sewer line. , C. STREET S: Together with curbs,gutters,sidewalks,and/or any other appurtenances ' thereto. ON --- -- - FROM-- — - TO — -- (street,esmt,etc) Including —centerline LF at$ —per LF of , (type)streets,---Feet asphalt roadway. D. STORM SEWERS: Together with a total of----- manholes at$---- each or a , total of— --catch basins at$-----each,-----LF of bioliltration swale or drainage ditch with a total cost of$-------,---CF of detention pond storage with a total cost of$------,and /or any other appurtenances thereto. ON ------FROM ----- TO ------ (street,esmt,etc) Including — linear feet at$ --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 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. (Signatures follow on next page.) ' t 1 1 2 of 4 Phase 2-Bill of Sale doc Bill of Sale ' IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this 26thdayof March 2007 By: Gateway Kent,L.P. A Delaware limited Partnership ' By: Gateway Kent,LLC a Delaware limited liability company Its: General Partner i By: Marg O. Shuler Its: Viceiresident and Secretary STATE OF WASHINGTON ) ) SS COUNTY OF KING ) ' On this day of ,20 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared 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 day of 20 ' 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 f 3 of 4 Phase 2-Bill of Sale doc Bill of Sale ACKNOWLEDGMENT ' STATE OF CALIFORNIA ) , ss: COUNTY OF LOS ANGELES ) , On March 26, 2007, before me, Shirley Sarkisian, Notary Public, personally appeared Margaret 0. Shuler, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the ' instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _ SHIRLEYT SARKISIAN , Commission# 1583982 I Notory Aub,,c-Cohfornio los Anaefes County ',tote, im F\'dtasJun28,200 Notary public Shirley Sarkisian sHIRLEYT SARKISIAN , Commission#1583982 z ��^' Notary Public•California Los Angeles county MyComm ExpaesJun28,2 I i 1 KEN T ' W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for West Valley at 212'h St, KIVA 2062267 (public improvements) project dated September 6, 2006 ,were based on the "As-Built"Engineering Plans dated March 28, 2007 , for the same said West Valley at 212°i St, KINIA 2062267 (public improvements) project. Daniel K Balmelli the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Bar hausen Consulting En ,ineers Inc., the firm ' responsible for the preparation of the"As-Built" Engineering Drawings. am� m% irvw Signature 9 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: VALLEY CIVIL DISTURBANCE UNIT 1NTERLOCAL AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Valley Civil Disturbance Unit Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Federal Protective Service, for the creation of the Valley Civil Disturbance Unit (Valley CDU), upon approval of the terms and ' conditions by the City Attorney. i 3. EXHIBITS: Interlocal Cooperative Agreement 4. RECOMMENDED BY: Public Safety Committee 6/19/07 (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 S Unbudgeted Revenue: Fund Amount S 1 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6S a 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE FEDERAL ' PROTECTIVE SERVICE, FOR CREATION OF THE ' VALLEY Civil Disturbance Unit ' I. PARTIES The parties to this agreement are the Federal Protective Service and the ' Municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which, except for the Federal Protective Service, 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 Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley ' Civil Disturbance Unit" ("VCDU"), the members of which shall be the Federal Protective Service, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The future admission or elimination of a jurisdiction as a member of the VCDU 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 periodic large-scale civil disturbances. These disturbances ' manifest themselves in the form of civil disobedience, un-lawful passive and active demonstrations, as well as riots. Mass arrest situations are likely to result ' from the aforementioned disturbances Participants in this un-lawful activity and or the tactics they employ will usually out-stretch the resources of any one single agency to effectively and efficient handle the situation ' Law enforcement efforts directed at dealing with these types of civil disturbances have for the most part been conducted by law enforcement agencies working ' independently. A multi-jurisdictional effort to handle acts of civil disobedience, passive and active demonstrations, as well as riots will result in more effective ' VALLEY CIVIL DISTURBANCE UNIT 1 INTERLOCAL AGREEMENT-2007 pooling of personnel, improved utilization of municipal funds, reduced duplication ' of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined civil disturbance unit. The results will be improved services for all the participating agencies, increased safety for officers and the community, and Improved cost effectiveness. VI. TEAM OBJECTIVES The individual CDU teams from each participating municipality will consolidate , Into one combined Civil Disturbance Unit, hereafter known as "Valley CDU", servicing each participating municipality. The Valley Civil Disturbance Unit shall also be available to outside law enforcement agencies as outlined under mutual ' aid. The objective of the Valley Civil Disturbance Unit shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The combined Unit shall respond as requested by any of the participating municipalities and ' agencies and provide a coordinated effective resolution to civil disturbance incidents VII. DURATION AND TERMINATION , 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 VCDU 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 VCDU 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. ' VALLEY CIVIL DISTURBANCE UNIT 2 INTERLOCAL AGREEMENT-2007 , t The Board shall meet semi-annually or within a month following a VCDU deployment or major training exercise or, 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 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 Board shall develop VCDU written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement, PROVIDED, 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 VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. Thus, to the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU written policies, regulations, and procedures shall prevail ' IX. 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 VCDU. 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 events that the VCDU responds to, problems of the VCDU, 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 semi-annual written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU In addition, the Tactical ' Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. ' Each jurisdiction shall contribute a minimum (12) full-time commissioned officers, which shall Include at least two (2) Sergeants or other first level supervisor, to be assigned to the as squad leaders on the VCDU. The personnel assigned to the VCDU 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 VCDU All rights, duties, and obligations of the employer I'I , 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, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal Issues affecting the VCDU. The legal advisor(s) shall, when appropriate ' VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT-2007 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 VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will be designated. The duties and , procedures to be utilized by the Incident Commander, the VCDU Tactical Commander, and the VCDU 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 VCDU members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VCDU members. ' The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VCDU 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 VCDU members. The Board must approve any joint capital expenditure for VCDU 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 VCDU members. Any assets acquired with joint funds of the VCDU shall be equally divided among the ' participating jurisdictions at the asset's fair market value upon termination The value of the assets of the VCDU 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 VCDU 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 VCDU at the time of dissolution in proportion to the jurisdiction's percentage participation In the VCDU as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VCDU or ' to share in the proceeds at the time of dissolution. VALLEY CIVIL DISTURBANCE UNIT 4 INTERLOCAL AGREEMENT-2007 1 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 VCDU 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 VCDU 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 VCDU 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 VCDU Response. In the event that a jurisdiction or its personnel were not involved in the VCDU response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does 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. 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 VCDU personnel for intentionally wrongful conduct that Is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT-2007 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 VCDU 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. ' XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS VALLEY CIVIL DISTURBANCE UNIT 6 ' INTERLOCAL AGREEMENT-2007 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 VCDU 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 VCDU 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 VCDU activities The lead jurisdiction shall be the jurisdiction within which the VCDU response occurred, PROVIDED, that In the event the jurisdiction within which the VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall be the jurisdiction within which the Incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU 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 VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU 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 VCDU response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. 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. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VCDU response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in I VALLEY CIVIL DISTURBANCE UNIT 7 INTERLOCAL AGREEMENT-2007 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. ii. Liability Determination —Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VCDU 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 VCDU. 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 VCDU 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 VCDU and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VCDU 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 VCDU, 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 D. Claims over $5,000. I. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating In the VCDU to discuss the claim and to determine the appropriate manner In which to respond and/or defend the claim. VALLEY CIVIL DISTURBANCE UNIT B INTERLOCAL AGREEMENT-2007 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 VCDU 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 Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk VALLEY CIVIL DISTURBANCE UNIT 9 INTERLOCAL AGREEMENT-2007 Director/Risk Manager 220 4 Ih 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 Federal Protective Services: Federal Way: Federal Way City Clerk P.O Box 9718 Federal Way, WA 98063 Federal Way City Attorney P O Box 9718 Federal Way, WA 98063 Tukwila: Renton: City Clerk Renton Risk Manager City of Tukwila 1055 So Grady Way 6200 Southcenter Blvd Renton, WA 98055 Tukwila, WA 98043 WCIA: CIAW: Claims Manager Director of Claims WCIA Canfield & Associates, Inc. P O Box 1165 451 Diamond Drive Renton, WA 98057 Ephrata, WA 98823 XVIII. COMPLIANCE WITH THE LAW The VCDU and all its members shall comply with all federal, state, and local laws that 3 apply to the VCDU. 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 Agreement. XX. RECORDS VALLEY CIVIL DISTURBANCE UNIT 10 INTERLOCAL AGREEMENT-2007 Each jurisdiction shall maintain training records related to the VCDU for a minimum of seven (7) years. 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. XXIII. 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 City Clerk, City of Auburn 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 VALLEY CIVIL DISTURBANCE UNIT 11 INTERLOCAL AGREEMENT-2007 A 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 Regional Director, Federal Protective Services Counsel, Federal Protective Services Date Date VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT-2007 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: ELLIS REZONE DECISION RESOLUTION — ADOPT i (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Adopt Resolution No. affirming Council's vote taken on June 5, 2007, which denied the rezone application for real property located at 12824 SE 256`h Street in Kent, Washington, seeking a change from the current zoning of Single-Family Residential 4.5 units per acre to Single-Family Residential 6 units per acre. The motion authorizing this resolution passed by a vote of six council members in favor, with Councilmember O'Brien opposed, and the record on this resolution should reflect the same. 3. EXHIBITS: Resolution 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 $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i i DISCUSSION: ACTION: j Council Agenda Item No. 6T RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, denying the rezone application for property located at 12824 SE 256`h Street from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Ellis Landing RZ-2006-11) ` RECITALS A. An application was filed on September 21, 2006, to rezone approximately 5.67 acres of property located at 12824 SE 256t1" Street from SR- 4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Ellis Rezone RZ-2006-11). B. The City's SEPA responsible official issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2006-73) for the proposed rezone on March 17, 2007. C. A public hearing on the rezone was held before the hearing examiner on May 2, 2007. On May 16, 2007, the hearing examiner issued Findings and Conclusions and Recommended approval of the rezone. D. Having reviewed the record before it on the matter, the Kent City Council voted to deny the Ellis Rezone on June 5, 2007. The council found that the evidence presented in the record showed that the proposed SR-6 zoning and subsequent development was incompatible with development in the vicinity. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Ellis Rezone - Denial RESOLUTION SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated. SECTION 2. - Rezone Denial. A. The Kent City Council denies the Ellis rezone application because the , proposed rezone does not satisfy all of the criteria established in the Kent City Code (KCC) for the granting of a rezone. KCC 15.09.050(C). While Council rejects the hearing examiner's Recommendation, Council accepts the hearing examiner's Findings and Conclusions except to the extent that those Findings and Conclusions are rejected or contradicted in this resolution. B. The proposed rezone is consistent with the comprehensive plan land use map designation of SF-6, but that only speaks to partially of one of the five criteria considered for granting a rezone. 15 09 050(C)(1). In general, comprehensive plan designations may be consistent with more than one zoning designation. The Land Use Element of our 2004 Comprehensive Plan provides that: "[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. A SR-6 zoning designation is not necessarily needed to implement a SF-6 comprehensive plan designation. C. In addition to consistency with the comprehensive plan, we must analyze whether the proposed rezone and subsequent development is compatible with development in the vicinity. KCC 15.09.050(C)(2) In that regard, Council makes the following Findings in additional to those made by the Hearing Examiner in his Finding 8. Along the entire eastern boundary of the subject site there are homes developed at 4.5 dwelling units per acre. Likewise, there are homes developed at 4.5 dwelling units per acre along the western boundary of the site, and to the 2 Ellis Rezone - Denial north homes are developed at lower densities. The remaining boundary to the south borders Southeast 256`h Street. Ellis Property Plat Map. D. Having made these additional Findings, Council disagrees with the Hearing iExaminer's Conclusion 2 and Concludes that the proposed rezone and subsequent development of the site would not be compatible with development in the vicinity. The fact that a proposed development is single-family does not necessarily make it compatible with every single-family neighborhood in the vicinity. We must apply the factors for considering a change in zoning to the particular circumstances of each application, looking at the actual neighborhoods involved. Also, the fact that the proposed plat currently shows 27 lots rather than 36 with SR-6 zoning is given little weight in the rezone analysis because the developer is not bound to build only 27 lots. The Applicant's current preliminary plat proposal may not be the final development built on this site. The density and allowable lot sizes with SR-6 zoning is not compatible with the densities and larger lots that characterize this existing neighborhood. E. During the Council discussion of the motion at the June 4, 2007, council meeting, Council members expressed concern regarding traffic congestion on area roads. While traffic concurrency is a topic of great concern for the Council, Council recognizes that a MDNS was issued for the rezone and that with the MDNS conditions and application of city code the traffic impacts of any future development on this site will be addressed. SECTION 3. - Severablhty. If any section, subsection, paragraph, 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 fforce immediately upon its passage. 3 Ellis Rezone - Denial ' 1 PASSED at a regular open public meeting by the city council of the city of ' Kent, Washington, this day of June, 2007. CONCURRED in by the mayor of the city of Kent this day of June, I 2007. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2007. BRENDA JACOBER, CITY CLERK P\CWi\0.emlucwn\EINe-Aexone4n W.Cac 4 Ellis Rezone - Denial i t Kent City Council Meeting I Date June 19, 2007 Category Consent Calendar 1. SUBJECT: HERITAGE LAKELAND FINAL PLAT —APPROVE (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: Approve the Final Plat mylar for Heritage Lakeland and authorize the Mayor to sign the mylar Bennett Sherman, LLC., proposes to subdivide approximately 9.61 acres into 55 single-family residential lots. The property is located at 10506, 10520, and 10624 SE 272nd Street. t I3. EXHIBITS: Maps and memo with conditions 4. RECOMMENDED BY: Community Development and Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: ACTION: Council Agenda Item No. 6U COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director I PLANNING SERVICES Charlene KEN T Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 t DATE: June 11, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR SUZETTE COOKE SUBJECT: HERITAGE LAKELAND FINAL PLAT (#FSU-2004-9/KIVA #2070115) t MOTION: Approve the final plat mylar for Heritage Lakeland and authorize the Mayor to sign the mylar. t t SUMMARY: Bennett Sherman, LLC., proposes to subdivide approximately 9.61 acres into 55 single-family residential tots. The property is located at 10506, 10520, and 10624 SE 272°d St. BUDGET IMPACT: None BACKGROUND: On March 30, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 23 conditions. The applicant has complied with the conditions required prior to recording. t tS•\Permrt\Plan\longplats\2007\2070115-FSU-2004-9cc DOC Enclosure. 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'q ti r I � � t Ej !r ur --------- __ - I N t� • owd tILm 2 CMPLM IdIt1EE1t p E>Q A 6 Y7MfElf E ti Uor BMW om mm motor ttmfAMttt.ow 8 HERBAGE LAKELAND FINAL PLAT S FSU-2004-9 o is w so KNA#2070115 SME 1' 30' HERITAGE LAKELAND- - - OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 9, TOWNSHIP 22 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAI CITY OF KENT, KING COUNTY, WASHINGTON TRACT 1 OWA rpf4 ilr z mat rut am }wJ ••• M` ,go >: 20 MKapt s.r —-- ' mr •` s Lrt L r 22 t. ;� !t 46 '- rxsti Rp -•y3-- i reYLt• tls L r +•: ,{ ti b UO 1 t •y I w"l rs Isx 21 I t 23 t: ygyg�( :1 IS / s)•L I• t'' 6 't VA t L t mntx ` I 1 wxsi ww 1'.t CC �•1 1w"T writ r- �rH yY aw I rm rr , Itr l[� w I• 1•'or a ( TRACT G I I ' I °� 24 a x rrF;, s or FEE 44 i t twec vl[LI I e '� t LSLL E,:, ow ysLL r A s * star I � rr ssr'si ar 1-+t �•1 srst wur �1 x� rrt Lv , 25 I fvet 43 r , Lla L r. I 1S t W i t 11L'7r7T tlA' � � �ie � 1 f•:{n ?Y;1 Ufa OF 1 i R t t 1:' unit s :f 42 : r unitt, k -I %Wit r , mow[ Rfl' _ IK i r I 17 A 41 rr Qy lnl I smst no' 1:+ -1 s.sss[ mir 1 1'.f :,.I , ,Y l ?e t'� x ,1 4p s E3 1 rrt, + uaLr. c' ►- I LsrtL p x°°'tI -K r.-f .art / �/ 26 � t.y 1 ' k TRACT Bl a ,fir Lahr `•>t R•I Mit y it ` J / :/ srrsrst asi ' 11 o u- / / t 20 2e f7wSf: r1Y�/ ++ /� taf L1. +i• '- r •• a P �i i iy r=fUA Lirf .-s?rrn wrJ ,•� 'I• w • R ; / r . TRACT�A� /�` TRACT H d y sv..ua•, ial L t/ .`. L�,txi -a r 1 4v L r. NNW �• rvxat war Arfl F jw ul 1614s- la.a I' A I tsir. riit tWLL } tiir. - t+Lr. t:& 37 { whir ''t 1wIL _ TRACT 0 t/r c r sat\ 1 ulf a ox f- •� `__J 1 At i t•r - .wr - aer I ow"• sysa'al HERITAGE LAKELAND FINAL PLAT FSU-2004-9 ot KIVA#2070115 SE 272ND ST L HERITAGE LAKELAND #SU-2004-9 KIVA #RPP3- 2042867 jOn March 30, 2005, the Hearing Examiner approved the Heritage Lakeland preliminary plat with the following conditions: A. GENERAL CONDITION OF APPROVAL 1. The terms and conditions of Multifamily Design Review, MFDR-2004-12, shall apply to this proposal. 2 The conditions of the February 15, 2005 Mitigated Determination of Nonsigrnficance shall apply to this proposal. B. PRIOR TO RECORDATION OF THE FINAL PLAT 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 1 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program The digital information can be formatted in either ".DWG (AutoCad) or '.DXF (Drawing Exchange File), but must be based upon State Plane coordinates an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the protect shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner/Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A combined gravity and force main sanitary sewer system to serve 1 all lots by gravity sewer. A public sanitary sewer system shall be extended southeasterly from a new lift station (to be constructed by the Owner/ Developer of this protect) in the vicinity of 104'h Avenue SE and SE 267th IStreet to the subject property. The system shall also be extended Conditions of Approval Heritage Lakeland #SU-2004-9 across the entire subdivision as necessary to allow for the future service of off-site and adjacent properties within the same service I area. The sanitary sewer system shall also include a force main which runs from the new lift station northerly to the City interceptor sewer located in the vicinity of 1041h Avenue SE and SE 2641h , Street. Bollards shall be installed on both ends of the sewer main access road to prevent private vehicular access to the sewer corridor. A wildlife passable fence shall be installed along the eastern boundary of Parcel No. 292205-9326 (Goerlich). The septic system serving the existing homes within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all t lots. The City water system shall be extended as determined necessary by the Public Works Department and shall be sized to serve all off- site properties within the same service area; in addition, the water system shall be extended across the entire property frontage of SE 272"d Street as well as through the entire subdivision to connect with the system installed for the Autumn Glen Subdivision. The Fire Department requests that the existing 12 inch water main in SE 272"d Street be looped to 108th Avenue SE This may not be necessary if fire flows are adequate as determined by the Fire Department and the Public Works Department. The Owner/Subdivider shall provide fire flow test results from the nearest existing hydrant on which to base fire flow calculations for the proposed subdivision. If flows are deemed sufficient, the Public Works Department, at their sole discretion, may waive the looping requirement with the approval of the Fire Department. Existing wells, if any, serving the existing homes within the proposed plat shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) i Page 2 of 12 i Conditions of Approval Heritage Lakeland #SU-2004-9 Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): ' (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site Iimprovement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Department approved Detailed Tree Plan j (3) The retention/detention and release standard that will be met by the subdivision is Level Two The water quality menu that 1 will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality Refer to the requirements of Technical Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses The analysis shall include the minor stream flowing northerly through the approximate center of the proposed development. Page 3 of 12 Conditions of Approval Heritage Lakeland #SU-2004-9 (6) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section 5.1 of the 1998 King County Surface Water Design Manual. , These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The face of the recorded subdivision/PUD shall contain the following restriction. AS A CONDITION OF BUILDING PERMIT ISSUANCE, 1 RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED DRAINAGE PLANS. If the soils report determines that infiltration trenches are not t appropriate for this site, the applicant / owner shall also include Dispersion or Native Growth Open Space BMP's in the Drainage Plans in accordance with the King County Surface Water Design Manual The Dispersion or Native Growth Open Space BMP's shall be established from the overflow of the roof downspout infiltration system. (7) The Owner/Subdivider shall provide public drainage easements across the subject property for the specified sections of the storm water conveyance system which serve off-site properties upstream and downstream of the site. This applies to the natural north/south drainage course that runs thru the approximate middle of the property and drains SE 272"d Street and properties to the south. The width, extent, terms and conditions of said easement shall be subject to the review and approval of the Public Works Department. (8) The Owner/Subdivider shall submit Landscape Plans for , within and surrounding the retention/detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. 1 Page 4 of 12 i IConditions of Approval I Heritage Lakeland #SU-2004-9 (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility 1 Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent I Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below. (1) These plans shall include provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits e. Interim Street Improvement Plans for SE 272"d Street along the entire property frontage thereon These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Pubic Street Improvements, and #6-8, Street Improvement Plans, for a street designated as a Residential I Collector Street Augmented by Bike Lanes by the City of Kent Master Plan of Roadways between 1041" Avenue SE and 108`h Avenue SE Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs and gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the north side of the street t (2) A minimum of 22-feet of hot mix asphalt pavement as measured from the approved centerline of the street to the ' face of curb on the north side of the street, plus at least 12- feet of asphalt pavement as measured from the centerline of Page 5 of 12 Conditions of Approval ■ Heritage Lakeland #SU-2004-9 the street to the edge of the traveled lane on the south side of the street ' NOTE: if existing curbs are constructed along the south side of SE 272"d Street, then the face of curb on the north side of the street will be measured 44-feet from the face of the curb constructed on the south side of the street. (3) A City-approved shoulder along the south side of the street frontage for this development where Autumn Glenn does not have street frontage. (4) A City-approved street lighting system from the intersection of 106th Avenue SE to the intersection with 108th Avenue SE. The design, approval, and construction of this street lighting will require the cooperation and coordination with the Owner/Subdivider's for the Kentara and for Autumn Glenn Subdivisions (5) Public stormwater conveyance, detention and treatment facilities as applicable. (6) Commercial Driveway Approaches conforming to Standard Detail 6-5(b) shall be provided at the entrance to all private streets with direct access to SE 272"d Street. (7) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees f. Street Improvement Plans for the looped Private Residential Street ' connected to SE 272"d Street near the southwest corner of this development, and then running northerly and easterly within the development before heading southerly to a second connection point to SE 272"d Street near the southeast corner of this development The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures Page 6 of 12 i Conditions of Approval Heritage Lakeland #SU-2004-9 #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 22-feet wide Initial guidance for these street improvements is given below. (1) Combined vertical curbs and gutters, a 3 to 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 31-feet of hot mix asphalt pavement width where parking will be constructed along one side of the street; a minimum of 22-feet of HMA pavement width where parking will not be permitted along either side of the street, and a minimum of 40-feet of HMA pavement width where parking will be constructed along both sides of the street. (3) Those portions of this private street where parking will not be permitted shall have pavement markings and traffic signs installed along one or both sides as appropriate, which clearly designate those portions of the private streets which 1 are designated as Fire Lanes, where no parking will be permitted, unless otherwise determined by the City Fire Marshal. (4) The private street design for the western connection to SE 272nd Street shall be modified as necessary to provide for a 25-foot minimum distance approach tangent behind the north right-of-way margin for SE 272nd Street, before the horizontal curve to the east begins r (5) A private street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by a Home Owner's Association. (6) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (7) Street Trees installed within 5-foot wide planting strips, or behind the sidewalks if a 3-foot planter strip is used, unless Page 7 of 12 Conditions of Approval Heritage Lakeland #SU-2004-9 otherwise approved by the City Parks Department These street trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for the three new private alleys within the proposed subdivision/PUD The Street Improvement Plans for these alleys shall be designed in conformance with the requirements for Residential Streets as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for an alley at least 20-feet wide. Initial guidance for these street improvements is given below (1) A minimum of 20-feet of hot mix asphalt pavement as measured from edge of pavement to sidewalk or walkway, with a 5-foot cement concrete sidewalk or a 5-foot wide HMA pavement walkway constructed along the west side of that private alley constructed within Tract J. This condition is intended to supercede (and lower) the minimum requirements for private street widths as contained within the City's PUD Ordinance. Street trees are not considered appropriate along alleys. (2) A minimum of 20-feet of HMA pavement, measured from edge of pavement to edge of pavement or from face of curb to face of curb for that private alley constructed within Tract H. This condition is intended to supercede (and lower) the ' minimum requirements for private street widths as contained within the City's PUD Ordinance. Sidewalks are not required along either side of this alley because the sidewalks for ' those homes are being provided along the Private Streets contained with Tract I. Street trees are not considered appropriate along alleys. (3) Each of the private alleys will provide for a Residential Driveway Approach conforming to Standard Detail 6-5(a) - , including provisions for a minimum radius of 25-feet to facilitate emergency vehicle access - unless otherwise determined by the City Fire Marshal. Page 8 of 12 Conditions of Approval Heritage Lakeland #SU-2004-9 (4) A private stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities ' where applicable. (5) All of these private alleys shall have pavement markings and traffic signs installed which clearly designate these private alleys as Fire Lanes, where no parking will be permitted unless otherwise determined by the City Fire Marshal. h. Street Lighting Plans for SE 272"d Street and the new looped Residential Street meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. The Street Lighting Plans along South 272"d Street will conform with the approved Street Lighting Plans for Autumn Glen along SE 272"d Street. 4. The Owner/Subdivider must create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. I 5. A 5-foot wide porous Portland cement concrete walkway shall be constructed along the west side of the on-site creek and associated creek buffer, and shall provide ADA access to Lots 38 through 46, which would be otherwise unserved by a sidewalk or walkway. 6. Unless otherwise specified in this decision document, private streets and private alleys must meet the same vertical and horizontal design standards specified for a public Residential Street. ' 7. The face of the final plat/PUD shall clearly identify the private streets and all three private alleys, and which lots have an undivided interest in the tracts or easements defining each private streets or alleys. The face of the j final plat/PUD will also specify that the maintenance of these private streets and alleys is the sole responsibility of the property owners who are served by these private streets and alleys and maintenance of all private open space tracts shall be the sole responsibility of the new home owners association I 8. Direct vehicular access to and from Lots 1, 31 through 37, and Lot 55 onto SE 272"d Street is prohibited, and the face of the final plat/ PUD will carry the following restriction: Page 9 of 12 A Conditions of Approval Heritage Lakeland #SU-2004-9 DIRECT VEHICULAR ACCESS TO AND FROM LOTS 1, 31 THROUGH 37, AND LOT 55 ONTO SE 272ND STREET IS PROHIBITED. VEHICULAR ACCESS AND DRIVEWAY LOCATIONS FOR THOSE LOTS ARE RESTRICTED TO THOSE PRIVATE STREETS AND ALLEYS SHOWN ON THE FACE OF THE RECORDED PLAT / PUD. 9. The Owner/Subdivider shall deed all public rights-of-way, and otherwise , convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 10. The Owner/Subdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 11. The Owner/Subdivider shall submit a stream enhancement plan to mitigate the impacts created by the internal private road (Tract 1) crossing of the minor stream which flows northerly through the central portion of the property connecting the southern wetland to the large Category 2 wetland to the north. This enhancement plan shall include, but not be limited to the installation of native trees and shrubs. In addition, a hydraulic analysis shall be conducted to ensure that on-site wetlands will not dry up The analysis shall also include sizing a culvert appropriately to allow high flows to pass Approval of the enhancement plan should be coordinated with the City and the Washington State Department of Fish and Wildlife. 12. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City ' for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner/ Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: Page 10 of 12 , ' Conditions of Approval Heritage Lakeland #SU-2004-9 SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT 1 AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT ' APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND I THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING I CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR ' OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, ' UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE I AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. Page 11 of 12 i Conditions of Approval Heritage Lakeland #SU-2004-9 13. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public ' Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for Streets; Street Lighting System; Water, Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 14. A 100-foot well protection radius around the well adjacent to the east property line and a 50-foot well protection radius around the well adjacent to the west property line shall be shown on the face of the final plat. Development of Lots 2, 3, 4, 5 and 21 and Tracts C and E encumbered by these radii shall comply with the requirements of the King County Board of , Heath Code and WAC 173-160-171. 15. Breakaway mailbox clusters shall be installed at locations and per Standards approved by the United States Postmaster and the Public Works Department. , 16. The Owner/Subdivider shall obtain the appropriate permits and either remove or relocate the existing structures on the site in order to comply with Kent City Code C. Prior to, or in conjunction with, the issuance of a Building Permit on any lot in this subdivision. the Owner/Subdivider shall: 1. Record the Plat. ' 2. Pay the environmental mitigation fee for that lot. 3. Receive approval of the required As-Built Drawings for Street, Street i Lighting, Water, Sewer, and Stormwater Management Facilities 4. Construct all of the improvements required above. ' 5. Pay the Kent School District School Impact Fee for that lot. S\Permit\Plan\LONGPLATS\FINAL PLATS\2007\2070115-2004-9conditions doc Page 12 of 12 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY POLICE CHIEFS AND REGIONAL AUTOMATED INFORMATION NETWORK AGENCIES MEMORANDUM OF UNDERSTANDING —AUTHORIZE 2 SUMMARY STATEMENT: Authorize the Mayor to sign the Memorandum of Understanding between King County Police Chiefs and Regional Automated Information Network (RAIN) participating agencies, upon approval of terms and conditions by the City Attorney. The Memorandum of Understanding allows RAIN participating agencies to acquire and implement NetMotion Wireless Mobility software products and service hardware to support mobile connectivity to essential law enforcement databases. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 6/19/07 (Committee, Staff, Examiner, Commission, etc.) 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 1 DISCUSSION: ACTION- Council Agenda Item No. 6V 1 Memorandum of Understanding Between King County Police Chiefs and RAIN Participating Agencies A. Background The King County Office of Emergency Management and the King County Sheriff's Office (KCSO), on behalf of the King County Police Chiefs' Association (KCPCA), has received a grant from the United States Department of Homeland Security through the Washington State Military Department, Emergency Management Division, and through the Washington State Patrol. The funding source of the grant is the FFY05 Law Enforcement Terrorism Prevention Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067—ODP, WSP Contract#C060544FED. The goal of the grant is to ensure law enforcement agencies within the same urban area have secure roaming wireless networks that enable agencies to share and prioritize information. Referred to as the Data Network Roaming Program (Network Program), agencies participating in RAIN (Participating Agencies) also have the opportunity to participate in the Network Program under the conditions set forth in this Memorandum Of Understanding (MOU) Participating Agencies who are eligible to and elect to join the Network Program are referred to as Network Program Participants. Network Program Participants will obtain the same software and hardware Using the same software and hardware will enable Network Program Participants to use the same wireless platform, which will increase security, ease of information sharing, retention, and prioritizing of essential information if a natural disaster or terrorist attack occurs. The Network Program uses NetMotion Wireless Mobility software products and server hardware to support mobile connectivity to essential law enforcement databases Grant funds will be used to acquire and implement NetMotion consistently among Network Program Participants Further grant funds will not cover continued costs of support or upgrades. Consequently, after expiration of the current grant Network Program, Network Program Participants that wish to continue with the NetMotion platform must assume the cost of continued operation. Though not grant funded for Operations and Maintenance, continuing to negotiate collectively should preserve the exceptional rate obtained for this project. This grant Network Program does not include mobile hardware such as laptops, modems, or client computers; other software needed to establish or maintain connectivity, methods of connectivity, or any other element not explicitly stated in this document. Nothing in this MOU is intended to impair existing contracts Participating Agencies may have with NetMotion. Nothing in this MOU is intended to restrict or impair Participating Agencies who may be ineligible for or elect not to join the Network Program from using alternative funding sources to acquire the same or different NetMotion software products or ' server hardware. KCPCA NetMotion MOU to RAIN Page 1 of 4 B. Definitions Participating Agency: An Agency that participants in the Regional Automated Information Network ' (RAIN) Network Program Participant: , A Participating Agency that meets the criteria set forth in Section E(b) of this MOU and is signatory to this MOU. Licensing Agency: , KCSO is the Licensing Agency. As the Licensing Agency, KCSO is the Network Program Participant that contracts with NetMotion Wireless, represents all other ' Network Program Participants, and is the holder of the Enterprise Software License. Enterprise License: , A software license structure allowing multiple organizations to participate in a single set of contract terms, conditions and discounts. The Licensing Agency holds the Enterprise License on behalf of the Network Program Participants C. Network Program Participants To participate in the Network Program, a Participating Agency must agree to and comply with the terms and conditions of this MOU and provide it to the Licensing Agency. Failure to meet these terms and conditions may result in a Network Program Participant or Participating Agency being denied access to enterprise licensing of the NetMotion Mobility software. Such decision shall be made by the KCPCA. D. Ending Participation , Any Network Program Participant may cancel their participation in the Network Program. Cancellations must be submitted to the Technical Advisory Committee of the KCPCA in writing The canceling agency must provide ninety (90) days advance notice of intent to ' withdraw from the program. The Technical Advisory Committee may, by simple majority of voting Committee members, cancel this agreement with any or all Network Program Participants at any time provided ninety (90) days written notice is given. E. Responsibilities a. Licensing Agency ' KCPCA NetMotion MOU to RAIN Page 2 of ' i. Negotiate enterprise license contract with NetMotion Wireless for Participating Agencies ii. Distribute software authorizations iii. Hold signed MOUs from Network Program Participants b. Network Program Participants By signing this MOU, each Network Program Participant agrees to the following ' conditions. Network Program Participants shall: i. Comply with the Homeland Security Law Enforcement Terrorism Prevention ' Program grant requirement that an agency may not use grant funds provided under this Program to supplant ongoing, routine public safety activities of local law enforcement ii. Bear all costs not covered by grant funding related to the use, training, license renewal, maintenance, equipment, upgrades and other activities related to the program for the duration of participation; iii. Maintain an accurate and current list of authorizations issued to them through the Network Program, and to produce such list as requested for audit purposes; iv. Interact with appropriate technical support staff at NetMotion Wireless for support questions as appropriate The Licensing Agency will not provide technical support for this program, v. v. Surrender all authorizations issued to it by the Network Program upon cancellation or withdrawal from the program; vi. Provide network connectivity to field responders; vii. Interact directly with NetMotion Wireless for all billing activity, services, complaints and concerns. viii. Assume future costs of service, training, support and maintenance for the Program once grants funds are no longer available, if the Participating Agency wants to continue participating in the Program, ix. Agree to the Hold Harmless provision (which references the Hold Harmless provision in the RAIN MOU Appendix A.) F. Use of NetMotion Wireless' Mobility Product The KCPCA Data Network Roaming Program is strictly a licensing and procurement vehicle for participating agencies. Neither KCPCA nor the Licensing Agency maintains technical, training, or other staff to support the software's use by Network Program ' Participants. Use of the products is solely the responsibility of the Network Program Participant. ' Neither KCPCA nor the Licensing Agency makes any guarantees or promises regarding the availability, reliability, quality or existence of the NetMotion Wireless Mobility product or systems using it. 1 KCPCA NetMotion MOU to RAIN Page 3 of G. Security Each Network Program Participant is responsible for maintaining the security of its own 1 connection, the encryption standard, and the eligibility of agency members to obtain information using the system. 1 H. Hold Harmless The Network Program Participants agree that the terms of the Hold Harmless Agreement contained in Appendix A to the RAIN MOU apply to this MOU. 1 Agency Name: 1 Signature: Authorizing 1 Agent and Title: Date: Signature and ' Title. (Additional optional signatures such as Date: 1 City Clerk) Agency Attorney (optional): Date: 1 Print Name(s): 1 1 i 1 1 1 KCPCA NetMotlon MOU to RAIN Page 4 of 4 Kent City Council Meeting ' Date June 19, 2007 Category Consent Calendar 1. SUBJECT: DONATION FROM TARGET—ACCEPT 2. SUMMARY STATEMENT: Accept a donation from Target in the amount of $800. The funds will be used toward the purchase of T-shirts to be used for the ' National Night Out event on August 7, 2007. In addition to the sponsorship, Target also plans to provide volunteers for the event. Target is a national sponsor for the National Association of Town Watch. 1 3. EXHIBITS: Letter dated 6/6/07 from the Kent Target store 4. RECOMMENDED BY: Public Safety Committee 6/19/07 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X rCurrently in the Budget? Yes No A If no: Unbudgeted Expense: Fund 1000.2252.63110.3232 Amount $800.00 Unbudgeted Revenue: Fund 1000.2252.63110.3232 Amount $800.00 I6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda ' Item No. 6W SM & BLU ,E 06-06-07 Judy Mauhl Kent Police Department 220 4 h Ave South Kent WA 98030 Your local Kent Target Store is proud to provide sponsorship and support for the Kent Police Department's National Night Out event. In addition to providing volunteers, Target has donated $800.00 to the Police Department to assist with the purchase of T-shirts to be utilized for the August 7th, 2007 event. Target and the Kent Police Department's joint partnership for this event will hopefully ' make this a very proud day for all members of our community. We look forward to working with the Kent Police Department, and are pleased to assist with National Night Out. Sincerely, ' Tim Kerns Target Executive Team Leader Assets Protection 26301 10e Ave SE Kent WA 98031 Kent City Council Meeting Date June 19, 2007 Category Consent Calendar ' 1. SUBJECT: ANIMALS IN RESIDENTIAL DISTRICTS ORDINANCE— ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the Kent City Code to permit the keeping of domesticated animals and domesticated fowl in all zoning districts within the city subject to specified limitations. ' As currently enacted, the Kent City Code restricts the types of animals allowed in residential zoning districts. In 2006, the City received a citizen request to amend the ' Kent City Code to allow other animals, specifically chickens, in these zoning districts. At its December 12, 2006, meeting, the Council directed staff to review the code to determine if amendments were appropriate in response to the citizen request. Staff s recommended code revisions were approved by the Land Use and Planning Board on April 23, 2007, following its public hearing on the matter. At its May 14, 2007, and June 11, 2007, meetings, the Planning and Economic Development Committee approved the code revisions recommended by the Land Use and Planning Board with some changes to address concerns raised by the Committee during its meetings. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Planning, & Economic Development 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. 6X ORDINANCE NO. ' AN ORDINANCE of the city council of the city of Kent, Washington, amending the Kent City Code regarding the keeping of animals and fowl on property within the City of Kent. RECITALS A. The Kent City Code, as currently enacted, restricts the types of 1 animals property owners may maintain in residential districts on lots smaller than 20,000 square feet. While dogs and cats are allowed under existing code provisions, it is a nuisance to maintain horses, mules, rabbits, bovine animals, Iambs, goats, sheep, birds, hogs, and chickens on lots smaller than 20,000 square ' feet. Some community members, however, have contacted the City expressing a desire to maintain some animals, currently considered to be nuisances, in ' residential districts. B. The City's review of its code provisions concerning animals ' authorized in residential districts began with an application received on August 14, 2006, from a Kent citizen requesting the City recognize the benefits chickens provide to the community. This application was identified as Dkt-2006-5. At its December 12, 2006, meeting, the Kent City Council added Dkt-2006-5 to staff's ' 2007 work program, requesting staff review the applicable Kent City Code provisions to determine if it is appropriate to amend the code to allow animals ' other than cats and dogs to be possessed on residential lots smaller than 20,000 square feet. C. On April 10, 2007, the City provided the State of Washington the notification required under RCW 36.70A.106 of the City's proposed code 1 Animals Maintained Within City r amendments. On April 25, 2007, the state granted expedited review of this issue ' and provided its confirmation that the City met the requirements of RCW ' 36.70A.106. D. At its April 23, 2007, meeting, the Land Use and Planning Board , held a hearing where the board solicited public comment on the issue At the conclusion of the public hearing, the board unanimously approved the Community Development staff recommendation to amend the Kent City Code to allow animals in all zoning districts in the city and to expand the types of animals allowed in ' residential districts. E. At its May 14, 2007, and June 11, 2007, meetings, the Planning and r Economic Development Committee considered the Land Use and Planning Board's ' recommendation and discussed proposed code revisions relating to the types of animals property owners may maintain in all zoning districts in the City. This ordinance reflects the Committee's recommendation to Council. The Council considered this matter at its June 19, 2007, Council meeting and adopted the Committee's recommendation. , NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, t WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE r SECTION 1. - Amendment. Section 8.03.030 of the Kent City Code, ' relating to animal control and entitled "Definitions," is amended as follows. 1 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. Anima/ means any living creature except persons, insects, and worms. 2 Animals Maintained Within City r r 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. fAnimal 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 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. Domesticated animal means any deg,, eat, Fabbit, heFse, ^nine, ass, bevwe animal, lamb, goat, sheep EIF hog, bird, eF etheF an@Rgal made te be •ate ' animal made to be domestic and includes, but is not limited to, domesticated fowl, small domesticated animals, and large domesticated animals. Domesticated fowl means any duck, goose, swan, chicken, or other fowl of similar size and character. Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by 3 Animals Maintained Within City 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. 3. Bears. , 4. Nondomesticated species of felines. 5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids. 6. The order of crocodila, including alligators, crocodiles, carman, 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. 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. 4 Animals Maintained Within City ' A Large domesticated animal means any horse mule, ass, bovine animal. Iamb goat sheen or other animal of similar size and character; provided, it shall not mean oigs or swine of any kind. 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 program means: 1. A program responsible for training a service animal that follows written guidelines for training; 2. The training methods have been reviewed and approved by an organization of groups that perform such training, if such an organization exists; 5 Animals Maintained Within City w 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 the 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. 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. Small domesticated animal means any dog, cat, rabbit, or other animal of similar size and character Included within this definition is a type of swine commonly known as Vietnamese, Chinese, or Asian Potbelly Pigs (Sus scrofa bittatus). 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 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 human beings without provocation, whether in play or outbreak of untrained nature. 6 Animals Maintained Within City SECTION 2. - 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. 2. Maintaining large domesticated aAnimals, and small demest'eated animals, and demestleatedd fewlheuseheld pets, sueh as lambs, -feats, sheep, birds, hegs, ehiekens erether larEie deme5`wate' aRlmalsani m ais made-te be demestie, being I(ept ,^ Fesident'TU, ilistriiefLJon lots of less than twenty thousand (20,000) square feet or in violation of KCC 15.08.070. + 3 Maintaining more than three (3) small domesticated animals +n . s:. ent:_l distR t.- a f per business establishment or dwelling unit on lots of less than twenty thousand (20,000) square feet, or maintaining any small domesticated animal in violation of KCC 15 08.0700 provided, this section shall not apply to a properly licensed business operating as a pet shop, veterinary clinic, or animal shelter to the extent that the animals maintained at the business are maintained for the purposes of conducting the business and not for the personal benefit of the owner, operator, or any employee or volunteer of such business. 4. Maintaining more than three (3) domesticated fowl i;a: destFlets aPA-on lots of less than five thousand (5,000) square feet, or maintaining any domesticated fowl in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed veterinary clinic to the extent that maintaining the domesticated fowl is necessary for the veterinary treatment of the domesticated fowl. 53. A dog, whether or not dangerous or potentially dangerous as defined by RCW 16.08.070, running at large within the city. 64. 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 7 Animals Maintained Within City 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 i 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. 7b. 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 person using a service animal; 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, by such persons requesting to hold such animal shows, exhibitions, or dog training classes. 86. A female domesticated animal whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding. 9-7. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys. 108. 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. 119. 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. 128. 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. 8 Animals Maintained Within City 1 131. 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. 14-2. Any domesticated animal which enters upon another person's property without the permission of that person. 153. Animals staked, tethered, or kept on public property without prior written consent of the county animal control authority. 164. Animals on any public property not under control by the owner or other competent person. 175. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 186. Animals running in packs. SECTION 3. - Amendment. Section 15.08.070 of the Kent City Code, entitled "Animals in residential districts," is amended as follows: Sec. 15.08.070. Keeping of ^animals - residenteal dostreets. ji9et be peFFnitted jig dlStFletS On , eaws, sheep and geats,srnal'er than twenty thousand (20,000) .-quaF., feet. The keeping of bees, small domesticated animals, large domesticated animals, and domesticated fowl, as those terms are defined in KCC 8 03.030, is permitted in all zones as an accessory use to any principal use oermitted or to a permitted conditional use, subject to the standards and restrictions of this section and chapter 8.03 of this code. j A. Small domesticated animals. Up to three (3) small domesticated animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows: 1. In no case is more than one (1) miniature potbelly pig allowed per business establishment or dwelling unit. 2. More than three (3) small domesticated animals are permitted on lots of at least twenty thousand (20.000) square feet, subject to the provisions of ch. 8.03 KCC. 9 Animals Maintained Within City 1 3. In no case shall a structure that restrains or houses small ' domesticated animals, such as a kennel or other accessory structure be located closer than ten (10) feet from any other residential lot. B. Miniature potbelly pigs. The type of swine commonly known as the Vietnamese Chinese or Asian ootbellypigs (Sus scrofa bittatus) may be kept as a small domesticated animal in accordance with subsection (A) of this section; provided, the swine is neither greater than twenty-two (22) inches in height at the shoulder nor more than one hundred fifty (150) pounds in weight. In the event the swine exceeds either of these limitations, it is not allowed within the city. A miniature potbelly pig shall be considered a small domesticated animal when determining the number of small domesticated animals permitted on a lot C. Domesticated fowl. Up to three (3) domesticated fowl may be kept on any lot that is at least five thousand (5,000) square feet, subject to the provisions of ch. 8.03 KCC. These domesticated fowl are in addition to the small domesticated animals that may be permitted on a lot in accordance with subsection (A) of this section. One (1) additional domesticated fowl is permitted for each 1,000 square feet of land in excess of the minimum 5,000 square foot threshold. In no case shall a coop or other accessory structure that restrains or houses domesticated fowl be located closer than ten (10) feet from any other residential lot. D. Large domesticated animals. Large domesticated animals are permitted only on lots of at least twenty thousand (20,000) square feet subject to the provisions of ch. 8.03 KCC. The keeping of swine is prohibited, except for a single miniature potbelly pig maintained in accordance with subsection (B) of this section. 1. One (1) large domesticated animal for every ten thousand (10,000) ss uare feet of lot area is permitted. 2. Large domesticated animals and structures housing them must be kept at least fifty (50) feet from any other lot in a residential zone. E Beekeeping. Beekeeping is permitted as an accessory use, when registered with the state Department of Agriculture, provided that: 10 Animals Maintained Within City I No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than ten thousand (10,000) square feet 2. Hives shall not be located within twenty-five (25) feet of any property line except when situated eight (8) feet or more above the grade immediately adiacent to the grade of the lot on which the hives are located or when situated less than eight (8) feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property line within twenty-five (25) feet of a hive and extending at least twenty-five (25) feet beyond the hive in both directions. SECTION 4. - 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 5. - 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 j11 Animas Maintained Within City PASSED: day of June, 2007. APPROVED: day of June, 2007. PUBLISHED: day of June, 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 o CIviIpCWMIHNmYSMunbIKENG54ln0slDbtkV.En[ i ' 1 1 i 1 1 i 12 Animals Maintained Within City r A Kent City Council Meeting Date June 19, 2007 Category Other Business 1. SUBJECT: KENT EVENTS CENTER SPECIAL USE COMBINING DISTRICT- ORDINANCE (QUASI-JUDICIAL PROCEEDING) i I 2. SUMMARY STATEMENT: The proposed ordinance relates to an application the City received for a Special Use Combining District to allow construction of a multipurpose regional events center at 625 W. James Street in downtown Kent. Following a public hearing on May 23, 2007, the Hearing Examiner issued his Findings, Conclusions, and Recommendation on June 6, 2007, recommending the council approve the application with conditions. 3. EXHIBITS: Ordinance; Hearing Examiner's Findings, Conclusions, and Recommendation; Staff Report; and Special Use Combining District Application. I4. RECOMMENDED BY: Hearing Examiner (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 r� "�� t Vw l moves, Councilmember 1 seconds j to acce t the Findings, Conclusions, and Recommendation of the Hearing p /r �� Examiner on the Special Use Combining District application for the Kent Events Center and to adopt Ordinance No. _�S,q�5 . DISCUSSION: itio ACTION: C) 6 1,tL4," 6-,L J Council Agenda rtem No. 7A c� ORDINANCE NO. I AN ORDINANCE of the city council of the city of Kent, Washington, approving an application for a Special Use Combining District to allow construction of a multipurpose regional events center at 625 W. James Street in downtown Kent in accordance with and adopting the hearing examiner's June 6, 2007, I Findings, Conclusions, and Recommendation (#CD-SU- 2007-1). RECITALS A. An application was filed on April 23, 2007, requesting a Special Use Combining District (SUCD) to allow construction of a multipurpose regional events ! center at the Commons Playfield site in downtown Kent, located at 625 W. James Street, currently zoned M-2, Limited Industrial. The project is located on approximately 17.54 acres. B. The Events Center will be approximately 153,000 square feet in size and will house a multitude of events ranging from spectator sports, concerts, performances, trade shows, and other civic activities. In order to construct the Events Center, the Kent City Code requires that an application be submitted for a Special Use Combining District in accordance with KCC 15.04.150. The Special Use Combining District process provides special controls for certain uses that do not clearly fit within other districts, or which are of such unique character as to warrant special attention in the interest of the city's optimum development. The ` Events Center is a type of use subject to review under KCC 15.04.150(A)(8)(a). 1 Kent Events Center- Special Use Combining District ! C. In reviewing and approving applications for a Special Use Combining District, KCC 15.04.150(D) requires that the hearing examiner and council issue findings that: (i) the location for the proposed use is reasonable; (ii) the existing or proposed trafficways are adequate to serve new development; (iii) setback, height, and bulk of the buildings are acceptable for the proposed use and for the vicinity in which it is located; (iv) landscaping and other site improvements are comparable to the highest standards set forth for other developments as set our in this title; (v) the performance standards pertaining to air and water pollution, noise levels, etc., are comparable to the highest standards specified for other uses as set out in this title; (vi) the proposed development is in the public interest and serves a need of community-wide or regional importance. D. After providing appropriate notice, a public hearing on the application for a Special Use Combining District was conducted on May 23, 2007, before the hearing examiner. After hearing from the applicant, city staff, the public, and all others wishing to be heard, the hearing examiner issued his Findings, Conclusions, and Recommendation on June 6, 2007. The hearing examiner recommended council approve the application for a Special Use Combining District, subject to the conditions set forth in his recommendation to address air quality, water resources, wetlands, noise due to construction and operation, land use, aesthetics, transportation, and infrastructure concerns. A true and correct copy of the hearing examiner's Findings, Conclusions, and , Recommendation is attached and incorporated as Exhibit A. E. Council has reviewed the hearing examiner's recommendation and the provisions of KCC 15.04.150. On June 19, 2007, the city council determined that the hearing examiner's findings and conclusions were consistent with KCC 15.04 150, and council accepts and incorporates the hearing examiner's findings and conclusions and adopts the hearing examiner's recommendation for approval of the Special Use Combining District for the Events Center, also known as the Amiga Center at Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Kent Events Center- Special Use Combining District ORDINANCE SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, together with the findings and conclusions adopted by the hearing examiner in his June 6, 2007, Findings, Conclusions, and Recommendation, attached and incorporated as Exhibit A, constitute the council's findings on this matter as required by KCC 15.04.150(D). 1 SECTION 2. - Special Use Combining Distnct. The application requesting a Special Use Combining District for property located at 625 W. James Street in Kent, Washington, consisting of approximately 17.54 acres of land as depicted in the vicinity map attached and incorporated as Exhibit B, and as legally described in the attached and incorporated Exhibit C, is granted. SECTION 3. - Period of i/altdity. In accordance with KCC 15.04.150, either construction or use of the Events Center must begin within one (1) year from the adoption date of this ordinance in order to preserve the Special Use jCombining District designation. Should construction or use fail to begin within one (1) year, the Special Use Combining District shall become invalid and the original zoning designation of the land shall apply. SECTION 4. - Appeal Period. Any appeal of this ordinance or the underlying SEPA determination must be timely filed pursuant to Kent City Code section 12.01.200. SECTION 5. - 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. 3 Kent Events Center- Special Use Combining District r SECTION 6. - Effective Date. This ordinance shall take effect and be in force five (5) 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 PASSED: day of June, 2007. APPROVED: day of June, 2007. PUBLISHED: day of June, 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 .w+,aa ..aewww.rc..niMrocm-e.emc.ce a,c 1 4 Kent Events Center- Special Use Combining District Exhibit A Hearing Examiner's June 6, 2007, Findings, Conclusions, and Recommendation Attached I � I I OFFICE OF THE LAND USE HEARING EXAMINER • Theodore Paul Hunter K E N T Hearing Examiner WASHINGTON FOR THE CITY OF KENT l FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: AMIGA CENTER AT KENT #CD-SU-2007-1 KIVA #2071650 APPLICANT: Ben Wolters, City of Kent RE UEST: A request to approve a Special Use Combining District for a multipurpose regional event center. LOCATION: 625 W James Street, Kent, Washington. APPLICATION FILED: April 23, 2007 FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT ISSUED: May 9, 2007 HEARING DATE: May 23, 2007 RECOMMENDATION ISSUED: June 6, 2007 RECOMMENDATION: APPROVAL TESTIMONY: The following individuals presented testimony under oath at the open record hearing: Charlene Anderson, City Planning Manager Ben Wolters, City Economic Development Director Jeff Watling, City Parks Department Edwin Thomas, Citizen Bonnie Taylor-Lackey, Citizen Garen Fletcher, Citizen John Hinds, General Manager of Kent Station Marni Heffron, City Consultant on Traffic Impacts Tom Burgess, LMN Architects City Attorney Tom Brubaker represented the City at the hearing. Findings. Conclusions, and Recommendation I Gt) of Kent Heat utg Eranunet Amiga Center at Kent 4CD-SU-2007-1 KIPA #2071650 Pagel o/22 EXHIBITS: 1. Staff report, undated, including Vicinity Map and FSEIS mitigation measures 2. Special Use Combining District Application, received April 23, 2007 3. Downtown Design Review Decision, dated May 15, 2007 4. Routing Slip to City Departments, dated April 24, 2007 5. Notice of Public Hearing, dated May 12, 2007, with mailing distribution list and e-mail request to publish notice in the May 12, 2007, edition of the Kent Reporter 6. Notice of Application, dated May 5, 2007, with mailing distribution list and e-mail request to publish the notice in the May 5, 2007, edition of the Kent Reporter 7. Notice of Availability for the Final Supplemental Environmental Impact Statement, dated May 9, 2007; with certificate of posting, mailing distribution list, affidavit of mailing 8. Kent Events Center, Draft Supplemental Environmental Impact Statement, dated February 2007 9. Kent Events Center, Final Supplemental Environmental Impact Statement, dated May 2007 10. "Amiga Center@Kent" plans, received April 23, 2007; including the following- Cover; 1) Vicinity Map; 2) Lot dimensions, 3) Site Plan; 4) Utility Plan; 5) Stormwater Plan; 6) Site Survey; 7) Vehicle Maneuvering Diagram; 8) Site Lighting Plan- 9) Site Distance Triangles; 10) Landscape Plan; 11) Landscape Cross Section; 12) Planting Schedule; 13) Site Plan Photometrix; 14) Floor Plan Concourse Level; 15) Floor Plan Suite Level, 16) Elevations N/W, 17) Elevations S/E; 18) Section; 19) Materials 11. Letter from Tarragon, LLC to Hearing Examiner and City of Kent, dated May 18, 2007; letter from The Transpo Group to Tarragon Development, dated May 21, 2007 (pages 1 and 2 of 3) 12. Proposed Kent Events Center — Commons Soccer Short Term Relocation Sites (used by Jeff Watling, Kent Parks Director at hearing) 13. Email from Garen and Nancy Fletcher to City, dated May 23, 2007 The Hearing Examiner enters the following Findings, Conclusions and Recommendation based upon the testimony and exhibits admitted at the open record hearing: FINDINGS Application and Review Process 1. The City of Kent Economic Development Division of the Mayor's Office (Applicant) requests a Special Use Combining District (SUCD) to allow construction of a Findings, Conclusions. and Recommendation Cuti of kept Hear ing Erannner Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 Page 2 of 22 multipurpose regional event center (Events Center'), including 851 on-site parking stalls, on 17.54 acres in downtown Kent at the Commons Playfleld site (Commons site).' The Commons site is located at 625 W James Street.3 Exhibit 1, pages 1 and 3, Exhibit 2; Exhibit 6. 2. The City proposes to construct an approximately 153,000 square foot' civic Events Center on the Commons site in downtown Kent, The Events Center would provide a venue for a range of events including spectator sports, concerts, performances, trade shows and other civic activities. The center would also include a public plaza and open space; and pedestrian linkages to the surrounding areas including the Interurban Trail and downtown Kent. Exhibit 8, page i 3. The property was part of the original township site established in 1888. The property was used for agricultural purposes before the City purchased it In 1978 and 1981. The City has converted the land to recreational use, including ball and soccer fields. Exhibit 1, page 4. 4. The City deemed the application complete on April 23, 2007. A notice of application was issued May 5, 2007. It was posted on the site; mailed to a distribution list of parties of record, affected agencies, and all persons owning property within 300 feet of the site; and published in the Kent Reporter. Exhibit 1, page 6; Exhibit 6. A notice of public hearing was issued on May 12, 2007. It was posted on-site on May 11, 2007; mailed to all owners of property within 300 feet of the subject property on May 15, 2007, and published in the Kent Reporteron May 12, 2007. Exhibit 5. 5. The City acted as lead agency for review of potential probable significant adverse environmental impacts of the proposal as required by the State Environmental Policy Act (SEPA). The City determined that this proposal may have significant adverse impacts on the environment. Exhtbtt 8, page 5--1. The City therefore issued a combined Determination of Significance and request for scoping comments on November 28, 2006. A Draft Supplemental Environmental Impact Statement (DSEIS) for the Center was issued on February 26, 2007. Exhibit S. The DSEIS examined three alternatives: iThe Events Center is now known as the Amiga Center at Kent. However,since many of the application review documents reference the more genes is term `Events Center',this recommendation uses that teen throughout for consistency. 2 "The application procedure for a special use combining district shall be the same as for an amendment to this title as provided in KCC 15,09 050, except that development plan approval is concurrent with the combining district" Kea' Grt Code(KCC) 15 04 150 B. 3 The subject parcel is identified by King County Tax Parcel numbers 1322049015 and 1322049037 Eihiba 1,page 3. Evinbit 2 A legal description of the subject parcel is included on the cover of the"Amiga Center@,Kent"plans. Exhibit 10 'The Staff Report i eferences a 153,000 square foot civic Events Center Exhibit 1,page I The SUCD application references 153,000 gloss square feet buildmQ area The FSEIS desci ibes a 172,000 square foot civ is Events Center. Erhibit 9,page i 1 Findings, Conclusions. and Recommendation Ciry of Kent Hearing Examiner .9nuga Center at Kent #CD-SU-2007-1 K V4 #2071650 Page 3 of 22 Alternative 1 — development of the Events Center at the Commons site, as the preferred alternative; Alternative 2 — development of the Events Center at the Naden site, and Alternative 3 — the No Action Alternative. Exhibit 8, page S-2. The Naden site consists of two properties located in the southwest portion of downtown Kent fronting on W Meeker Street. Exhtbtt 8, page S-2. The City determined that the Commons site would best meet the City's objectives of creating a "civic anchor" for downtown Kent and would accommodate more on-site parking than the Naden site. The City issued the Final Supplemental Environmental Impact Statement (FSEIS) on May 9, 2007. The FSEIS provides updated information on the selected Commons site and responds to public comments Exhtbtt 9, Chapter 3. As part of the environmental review process, , the City determined that conditions of approval are required to mitigate impacts of the proposal. Those conditions were identified in the environmental review documents. Exhtbtt 1, page 12. 6. The purpose of a Special Use Combining District is defined in the Kent City Code, as follows: It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum development and the preservation and enhancement of its environmental quality. A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one-year period, and the district reverts to its original zoning designation It is the intent of the special use combining regulations to provide the city with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning. KCC 15,04.150.5 The criteria for review and approval of a Special Use Combining District are also defined in the Kent City Code. The following findings address the criteria for review of the proposed district consistent with the City Council directive in KCC 15.04.150. i s"Any special use combining district shall remain effective only for one(1)year unless the use is begun within that i time or construction has conunenced If not in use or construction has not commenced within one(])year of the granting of the special use combining district,the combining district shall become invalid, and the original zoning designation of the land shall apply." KCC15 04 150 E Findings, Conclusions, and Recommendation Citt of Kent Hearing E.ranuner Anuga Center at Kent #CD-SU-2007-1 KIVA 42071650 Page 4 of22 i Zoning—and Comprehensive Plan 7. The property is zoned M-2, Limited Industrial. Properties to the north of the site, across the Valley Freeway — Highway 167 (SR 167), are zoned General Industrial (M-3). Properties to the west of the site, across the Union Pacific Railroad and the Interurban Trail, are zoned General Commercial/Mixed Use (GC-MU). Properties to the south, across W James Street, are zoned Downtown Commercial Enterprise (DCE). Kent Commons, a recreational facility, and Kent Station, a mixed-use commercial/office development, are located southeast of the proposed site Properties to the east are zoned DCE, Multifamily Residential Townhome/Condo (MRT-16), and Garden Density Multifamily (MR-G). Exhibit 1, page 4; Exhibit 8, pages 2-5, 3.5-2, Figure 3.5-1, 3 5-3; iExhibit 10, Vicinity Map. 8. The Comprehensive Plan Land Use Map designation for the property is Parks & Open Space. Exhibit 1, page 4, Kent Comprehensive Plan, Figure 10.2. One of the City's Comprehensive Plan Parks and Open Space Element policies is to "Develop and operate special indoor and outdoor cultural and performing arts facilities that enhance and i expand music, dance, drama, and other audience and participatory opportunities for the community at large," Policy P&OS-11.4. One of the City's Comprehensive Plan Land Use Element goals is to "Plan and finance transportation and other public facilities which support the mixed-use development of the Urban Center," Goa/LU-4. Land Use Element policies include "Locate civic buildings and facilities in the Urban Center," Policy LU-4.8, and "Maintain and enhance Kent's Downtown as a vital and unique commercial district," Policy LU-13.1. One of the City's Comprehensive Plan's Economic Development Element goals is to "Promote Downtown as the primary center for the concentration of housing, retail and office commerce, and cultural activities in Kent," Goal ED-6. Exhibit 1, page 7; Kent Comprehensive Plan, Figure 4.2; Exhibit 8, page 2-5. 9. The Comprehensive Plan also has a Community Design element goal to "Reinforce the role of people-oriented Downtown as the focus of community life and as a vital, people- oriented place," Goal CD-11, and a policy to "Design streets and other public spaces within Downtown that can otherwise be utilized for seasonal celebrations and special 1 events," Policy CD-11.7. Exhibit 1, page 8. The proposed project was reviewed by the Downtown Design Review Committee which made a final decision approving the design of the proposed project, with conditions, on May 15, 2007. KCC 15.09.046; Exhibit 3, page 1. The decision included the following conditions: 1. Along the east boundary of the site, the applicant shall provide a landscape buffer of 10 -15 feet in width. This buffer shall consist of a 36 inch minimum height berm and densely planted evergreen and deciduous trees with a minimum 4-foot high, vinyl coated chain link fence (or similar material approved by the ICommittee). Findings, Conclusions, and Reconnnendation City of Kent Hearing Examiner Annga Center at Kent #CD-SU-2007-1 KIGA #2071650 Page 5 of 22 i 2. The applicant shall appropriately screen from public view any rooftop equipment. The screening shall be integrated with the budding design as a continuation of the upper band design. 3. The applicant shall ensure to the City's satisfaction the ballast rock landscape islands provide a safe and functional means of pedestrian passage, or provide other pedestrian walkways in accordance with Guidelines I.E. and I G 4. The applicant shall provide lighting plans with a photometric analysis that , indicated lighting levels that provide safety and gradual lighting transitions throughout the parking area pedestrian routes to the facility. Fixture manufacture cut sheets and photometric data will need to be provided with construction drawings. 5. The service and loading area located at the north end of the proposed building l shall be appropriately screened with a partially sight-obscuring fence or landscape buffer or otherwise constructed to achieve compliance with Guidelines I. B, I.C., and I. E. 6. Plantings around the pedestrian routes in the parking areas and adjacent to the structure shall be maintained to provide clear surveillance opportunities between the heights of 30 inches and 7 feet at maturity, in compliance with Guideline I.E. 7. The large expanse of the east and west elevations require additional detail. Substantial, decorative light fixtures that are clearly visible during daylight hours from the parking areas shall be provided along the east and west facades of the building in compliance with Guideline III.D. 8. The applicant shall construct the building and site improvements substantially as outline in their April 23rd 2007 submittal, with changes as required by conditions of this design review approval. Exhibit 3,page 2. , No appeal of the Downtown Design Review Committee decision was received. Traffic Impacts 10. The DSEIS transportation analysis included 22 intersections along the major access i routes to downtown Kent and parking analysis for locations within a half mile of each site. For the preferred Alternative 1 - Commons site, Table 3.8-2 summarizes the types of events, the number expected per year, and the average attendance for each type of event, for a total of 191 events and meetings per year. Event attendance is expected to average 4,680 attendees. The protected 40 hockey games per year are expected to average 5,265 attendees per event, with maximum attendance of 6,500 attendees. The Furdrngs. Conclusions, and Recommendation Cur of hear Hearing Evanuner .4nuga Center at Kent #CD-SU-2007-1 h1VA #2071650 Page 6 of 21 i projected 10 concerts/performances per year are expected to average 6,000 attendees per event, with a maximum attendance of 8,000 attendees Exhibit 8, pages 3.8-10, i3.8-11. 11. The DSEIS estimated that up to 170 Events Center staff would commute by vehicle to l the proposed site for a typical hockey game, and 151 staff for a peak concert event, with an assumed vehicle occupancy rate of 1.5 persons per vehicle. Exhibit 6, page 3.8- 12, Table 3.8-3. For hockey games, the DSEIS estimated an average of 5,265 attendees, with a peak of 6,500 attendees, based on average vehicle occupancy of 2.6 persons per vehicle. An average hockey game would generate approximately 4,276 total arrival and departure trips with 100 percent of the staff arriving between 4-5 00 PM, 12 percent of attendees arriving between 5-6-00 PM; 70 percent of attendees arriving between 6-7:00 PM; and 18 percent of attendees arriving after 7:00 PM. Ten percent of attendees would depart before 9:30 PM; 90 percent of attendees would i depart between 9:30-10:30 PM; and 100 percent of the staff would depart after 10 30 PM. Exhibit 8, page 3.8-14, Table 3.84 Maximum size concert events are expected to occur five or six times a year. Average vehicle occupancy rate for a large concert is estimated at 3.0 persons per vehicle. The number of attendees arriving between 6-7.00 PM and departing during the peak egress period would be slightly higher than for hockey events. Exhibit 8, page 3.8-15. 12. The main access to the proposed site would be from W James Street, with a secondary access to the site from 4`h Avenue N via W Cloudy Street. Frontage improvements along W James Street would include widening the street for a five-foot wide bicycle lane on the north side; constructing a 12-foot wide sidewalk/landscape buffer; and converting an existing center left-turn acceleration lane into an eastbound left turn lane, which would also be extended to the west. A new traffic signal would be installed at the intersection of W James Street/Events Center Main Driveway/RJC Garage Driveway. W Cloudy Street between the site and 4th Avenue N would initially have one lane in each direction, but would be widened to add an additional left turn lane to the intersection with 4`h Avenue N once additional right-of-way is acquired. 5`h Avenue N provides access to local residences and would be posted for local access only. Managed traffic control would be provided to and from the Events Center and large weeknight events would be scheduled for 7:30 PM. Exhibit 1, page 5, Exhibit S. page 3.6-25; Exhibit 9, pages 1-1 and 1-2. 13. According to the DSEIS, 32 percent of the trips would use SR 18 and SR 167 south of the site and 11 percent of the trips would use SR 167 north of the site; 14 percent would use SR 516 east of the site and nine percent SR 516 west of the site; 10 percent would use I-5 north of Kent; 15 percent would travel east on James Street; 5 percent would travel north on Central and 4 percent south on Central. Exhibit 8, pages 3.8-16 and 3.8-17, Table 3.8-6. Fmdmgs, Conclusions, and Recommendanon CrtY of Kent Hearing Examiner Annga Center at Kent #CD-SLL-1007-1 KIIA 92071650 Page 7 of 22 14. The FSEIS identified a revised level of service (LOS)6 analysis for signalized intersections surrounding the proposed site due to the proposed project. All intersections would operate at LOS D or higher. Willis Street/SR 167 northbound ramps would change from LOS B to LOS C during peak ingress hour (6-7:00 PM) and Willis Street/4th Avenue N would change from LOS B to LOS C during peak egress hour (9:30-10:30 PM). Exhibit 9, p. 2-11, Revised Table 3.6-7. Additional traffic analysis was carried out on other intersections Smith Street/Ramsey Way would change from LOS B to LOS C and 41h Avenue N/Cloudy Street would change from LOS A to LOS B during peak egress hour (9,30-10:30 PM). With the proposed project a new unsignalized west Events Center driveway would operate at LOS D. Exhibit 9, page 2-11, Rewsed Table 3.8-7, page 2- 12, Revised Table 3.8-74. 15. The proposed site plan would provide an estimated 851 parking spaces.' The nearby , Regional Justice Center and Lincoln Avenue Park-and-Ride lots contain a combined 1,083 parking spaces. Exhibit S. pages 3.8-27 and 3.8-28. The DSEIS found that there would be adequate off-street parking available for attendees at the Commons site, but recommended that a residential parking zone program may be appropriate for the North Park neighborhood. Exhibit 8, pages 3.8-28. The FSEIS provided new parking lot demand information based on parking supply counts performed after 7:00 PM on Friday, April 6, 2007. The FSEIS concludes that other parking needs at the Regional Justice Center and the James Street Park & Ride would push parking further from the site and might increase the demand for parking at Kent Station. The FSEIS recommended that an event parking management plan be prepared to reduce potential event parking at Kent Station and other locations. Exhibit 9, page 2-13 and 2-14, New Table 3.8-10A. Development Regulations & Landscaping 16. The proposed 153,000 square foot Events Center would be located in the south-central portion of the Commons site This would provide a buffer for the residences across 51h Avenue N to the east. Exhibit 1, page 9, Exhibit 10, Site Plan. In addition, the proposed Events Center would include a building setback of approximately 200 feet from the eastern site boundary. Exhibit 8, page 3.6-25. Surrounding structures to the south include the five-story Regional Justice Center, with the largest building measuring approximately 360,000 square feet in size. The Kent Station ranges from one to five , stories in height, totaling approximately 800,000 square feet. The Kent Commons building covers approximately 50,000 square feet. Buildings to the north, used for light industrial uses, range from one to two stories in height. Exhibit 8, page 3.5-7. The Union Pacific Railroad borders the proposed site to the west and SR-167 borders the proposed site to the west and northwest. Exhibit 8, Figure 3.5-1. intersection Level of Service(LOS) is determined based on the overall average control delay(sec/veh)at an intersection. It is a measure of drivers' discomfort,frustration,fuel consumption,and lost time The LOS grading ranges from A to F,with LOS A assigned when low delays are present and low volumes ale experienced LOS F indicates long delays and/or forced flows Exhibit 8,p 3 8-7 7 The DSEIS states that the proposal would include an estimated 845 parking spaces Exhibit 8,page 3 8-27. Findings, CanCIZIStoiiS, and Recommendation Cuv of mein Neat ina Exmnuier Amiga Center ai Kent #CD-SU-2007-1 K111A 92071650 Page 8 of 22 i 17. City Code requires all parking areas of over 20,000 square feet to have a minimum of ten percent of the parking area, maneuvering area, and loading space landscaped. KCC 15.07.040.A. The proposed site plan includes approximately ten percent of the surface parking area in landscaping, excluding the perimeter buffer area. Exhibit 8, page 3-6- 26; Exhibit 10, Landscape Plan. City Code requires a landscape strip of at least 15 feet in depth along side property lines flanking the street of a corner lot (KCC.15 07.060.L.c.), as well as a 36-inch high berm in a front yard setback. KCC 15.07.060.M. The proposed project would have a 15-foot wide landscape buffer along the entire eastern property line as well as a 3-foot high earth berm and Type II landscaping to provide a visual separation between the parking area and the adjacent residential area. Exhibit 8, page 3.6-25. Approximately 42 percent of the Commons site would be open space. Exhibit 9, page 2-7. Environmental Impacts 18. The proposed project site lies within the A2 Subbasin of the Mill Creek Basin, almost 1 entirely within the 100-year flood plain. Four small Class 4 wetlands are located along the west and north boundaries of the site. Exhibit 8, page 3.2-1, Appendix B, pages 2 and 3. A.C. Kmdig & Co. prepared a wetland report on the proposed site, dated February 7, 2007 According to the wetland report, the proposed project would not have direct or indirect impacts to wetlands. However, approximately 0.05 acres of wetland buffer would be impacted by the proposed project, which would be mitigated by buffer averaging Class 4 wetlands require buffers of 50 foot width, or 40-foot wide buffers when a project complies with relevant sections of KCC 11.06.600.B. Exhibit 1, page 5; Exhibit 8, Appendix C, pages i and it. ' 19. The Applicant would construct a permanent stormwater control system consistent with the 2002 City of Kent Surface Water Design Manual (SWD Manual) and implement temporary erosion and sedimentation control best management practices. Exhibit 8, page 3.6-26. According to the FSEIS, a permanent stormwater detention system consisting of a layer of ballast would be installed beneath the parking areas The stormwater would discharge to a vegetated swale on the east side of the site. Exhibit 9, pages 1-4, 2-5. Magnusson Klemencic Associates prepared a Stormwater Technical Memorandum Update, dated February 20, 2007. A water quality treatment facility is planned for this portion of the Mill Creek Basin as part of the City's Stormwater Capital Improvement Plan. This facility would provide treatment for the stormwater discharged from the site. Flood storage would be accommodated at an off-site location, with the Boeing Creek site near the intersection of S 2121h Street and 681h Avenue S as the City's preferred location. Exhibit 9, Appendix A, page 5. The site would receive water and sanitary sewer service from the City of Kent. Exhibit 1, pages 5 and 6. 20. Construction activities would temporarily generate particulate matter and fugitive dust emissions. Exhibit 6, page 3.1-3. The DSEIS analyzed potential air quality impacts from Events Center traffic and concluded that air pollution from traffic delays would not be 1 significant at the intersections most affected by the proposed project. Exhibits, page 3.1-4. In addition, the proposed project was compared to the air quality modeling Findings, Concktsroirs, and Recommendation Cm,of kent Nearing Examiner Amiga Cenler at Kent #CD-SU-20017-1 KIVA #2071650 Page 9 of 22 A conducted for the Kent Station project. According to the DSEIS, "Because the quantitative air quality analysis indicated that Kent Station development would not result in significant air quality impacts, it can be concluded that the proposed Kent Events Center on the Commons site also would not significantly impact air quality." Exhibits, page 3.1-5. 21. Noise from off-site traffic would be exempt from the City Noise Control Ordinance, Chapter 8.05 KCC. Noise from on-site activities, including on-site traffic, loading dock noise, bus idling, loading docks, HVAC units and chillers, and concert events would be subject to the City Noise Control Ordinance. Exhibit 8, page 3.4-2. City maximum permissible sound levels in weighted decibels (dBA) for residential, commercial and industrial sites are referenced in the DSEIS. Exhibit 8, page 3.4-3, Table 3.4-1. Construction and operation activities would comply with the City Noise Control Ordinance. KCC8.05.140. Exhibit 8, page 6-27. Public Comments and Response , Several citizens testified at the open record hearing on the application with concerns about details of the proposal, although no one expressed opposition to the proposal. The City responded to each concern presented with additional details on the project and with proposed conditions to address the concerns. 22. Edwin Thomas testified concerning the costs of the facility and inquired whether the proposed street trees would interfere with the sidewalks. Testimony of Mr. Thomas. Gary Fletcher testified concerning the loss of soccer fields at the current Commons site. He testified that there is a lost sense of community when parents and players must go to a different neighborhood for a game or practice. He testified that the City currently has 11 soccer fields, but with the proposed project at the Commons site, there would be a net loss of eight. Testimony of Mr. Fletcher. Garen and Nancy Fletcher also submitted comments for the hearing by email raising additional concerns about loss of soccer fields and whether the project is financially viable. They commented that Wilson playfields can not handle 3 baseball and 4 soccer games at the same time They suggested that other project site alternatives be looked at, such as expanding the Ice , Center at the end of James Street or the property at the SW corner of Meeker and 64th Avenue S. Exhibit 13. Ben Wolters, City Economic Development Director, testified that the proposed project is economically viable and meets the criteria for a Special Use Combining District. Testimony of Mr. Wolters. Charlene Anderson, City Planner, responded that the City selects street tree species to minimize sidewalk problems. Testimony of Ms. Anderson. Jeff Watling, City Parks Department, testified that the City intends to replace all soccer fields currently located at the Commons site and submitted a sheet of photos showing short term relocated soccer field sites including two at Wilson Playfields, five at Sequoia Middle School, two at Scenic Hill Elementary, and two at Martin Sortun Elementary. Exhibit 12; Testimony of Mr. Watling. 23. Bonnie Taylor-Lackey testified that she works with Lackey Sound and Light Company, which does sound and lighting for major sporting events. She expressed concerns with Findings, Conclusions. and Reconnnendation Citr of Kent Hearing Eraiuner Amiga Center at Kent #tCD-SU-2007-1 KIV.A #2071650 Page 10 of 22 A the site plan design for semi-truck access; parking and turning of tour buses in and out of the proposed Events Center; and natural light intrusion into the facility. Testimony of Ms. Taylor-Lackey. John Hinds, General Manager of Kent Station, testified concerning his comment letter on the DSEIS dated March 27, 2007. He testified that there could be adverse impacts to parking at Kent Station from the proposed project. He submitted a comment letter, dated May 18, 2007, stating that the Kent Station tenants "require the availability of free, adequate parking," particularly the AMC Theaters which depend on evening hour theater patrons. His letter also requested that an adequate Event Center Transportation Management Plan be made a condition of approval. Exhibit 11; I Testimony of Mr. Hinds. Tom Burgess, LMN Architects, testified that the issues raised by Ms. Taylor Lackey would be addressed prior to final architectural design. Testimony ' of Mr. Burgess. Marni Heffron, a traffic engineer who contributed to the DSEIS, testified that the City is committed to providing sufficient parking for the proposed Events Center. She testified that the DSEIS found that there was adequate off-street parking for attendees at the Commons site. Exhibit 6, pages 3.6-28 and 3.8-29; Testimony of Ms. Heffron Tom Brubaker, Attorney for the City, reviewed the mitigation conditions and proposed changes to make them enforceable conditions. He stated that the City would address the design concerns raised by Ms. Taylor-Lackey. Response of Attorney Brubaker. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record public hearing and to issue a written recommendation for final action to the City Council, pursuant to RCW 35A.63.170 and Kent City Code Chapters 2.32, 12.01 and 15.09. ' Criteria for Review Section 15 04.150 of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a SUCD. ' In reviewing and approving proposed developments falling under the purview of this section, the hearing examiner and city council shall make the following findings: 1 That the location for the proposed use is reasonable. 2. That existing or proposed trafficways are adequate to serve new development. 3. That setback, height, and bulk of buildings are acceptable for the proposed use and for the vicinity in which it is located. 4. That landscaping and other site improvements are comparable to the highest standards set forth for other developments as set out in this title. 5. That the performance standards pertaining to air and water pollution, noise levels, etc., are comparable to the highest standards specified for other uses as set out in this title. Findings. Conclusions, and Recommendation Cur of Kent Heai mg Examiner Amiga Center at Kent #CD-SU-2007-1 K111A #2071650 IPaoe 11 of 22 6. That the proposed development is in the public interest and serves a need of community-wide or regional importance. In reviewing and approving special uses, the hearing examiner and the city council may impose such conditions as they deem necessary in the interest of the welfare of the city ` and the protection of the environment. ` KCC 15.04.150.D. Conclusions Based on Findings 1. The location for the proposed use is reasonable. The Special Use Combining i District, KCC 15.04.150, is intended to accommodate unique uses such as those that would occupy large areas of land; have unusual height or mass; or generate heavy , traffic; including sports stadiums and exhibition halls that may not conform to the provisions of other zoning districts. A SUCD allows the City to review and condition such special uses. The proposed Events Center would occupy a 17.54 acre site, serving up to 8,000 attendees for an event. Sporting and concert events would generate heavy traffic. This type of use is similar to the sports stadium example listed in KCC 15.04.150.A.8.a. The City prepared a DSEIS which analyzed an alternative location on the Naden site as well as the non-action alternative. After reviewing public comment, the City issued a FSEIS and concluded that the Commons site best meets the objectives of the City to provide a "civic anchor' for downtown Kent and would provide more on-site parking than the alternative Naden site. Findings 1-8. 2. With conditions, the existing or proposed trafficways are adequate to serve new development. The DSEIS contained mitigation conditions necessary to reduce potential significant adverse environmental impacts on transportation from construction, infrastructure improvements, and operation. Conditions of approval are necessary to ensure that the main Events Center driveway would provide a signalized pedestrian crossing; that directional signs are installed along main access routes; that start times for large weeknight events be delayed until 7:30 PM; that managed traffic control take place to and from the Events Center; that the City institute a residential parking zone in the North Park neighborhood, if desired by the residents; and that the City prepare and I enact an Event Parking Management Plan to mitigate potential parking impacts. Findings 1-2, 10-15. 3. The height and bulk of the Events Center buildings are acceptable for the , proposed use and for the vicinity in which it is located. With conditions, the setback is also acceptable for the proposed use and for the vicinity. The proposed Events Center would be 70 feet high and approximately 153,000 square feet in size. This is similar in scale and height to buildings to the south and southeast, such as the Regional Justice Center and Kent Station. The proposed site plan includes , approximately 350 feet of separation between the Events Center and the Interurban Findings, Conclusions, and Reconnnendatton Crir of Kent Hearing Exammer Amiga Centel at Kent t,CD-.SU-2007-1 K11 A #2071650 Page 12 of 22 , Trail to the west. A vegetated buffer along the western site boundary would be retained. The DSEIS contains mitigation conditions for impacts of the proposed facility including setbacks, open space, and buffers. Conditions of approval are necessary to ensure that the Events Center building is located near the center of the southern site boundary to provide separation between the building and the residential area to the east, and to ensure that the proposed project would comply with the conditions of the Downtown Design Review dated May 15, 2007. Findings 9, 16. 4. With conditions, the landscaping and other site improvements are comparable to the highest standards set forth for other developments as set out in KCC Title 15. The proposed project would meet the Kent City Code requirement that all parking areas of over 20,000 square feet to have a minimum of ten percent of the parking area, maneuvering area, and loading space landscaped. Approximately 42 percent of the Commons site would be open space. Conditions of approval are necessary to ensure that a landscape strip of at least 15 feet in depth along the entire eastern property line, as well as a 3-foot high earth berm and Type II landscaping to provide a visual separation between the parking area and the adjacent residential area is provided and that that truck loading areas be located at the north end of the Events Center Findings 9, 17. S. With conditions, performance standards pertaining to air and water pollution, noise levels, etc., are comparable to the highest standards specified for other uses as set out in the KCC Title 15. The DSEIS analyzed potential air quality impacts from Events Center traffic and concluded that air pollution from traffic delays would not be significant at the intersections most affected by the proposed project. The proposed Events Center would comply with all applicable Puget Sound Clean Air Agency and Environmental Protection Agency (EPA) air quality standards. Conditions of approval are necessary to ensure that the City prepares a plan and implements measures to minimize dust and noise during construction. The DSEIS also analyzed 1 potential water quality and wetland impacts from the proposed project. According to the submitted wetland report, the proposed project would not have direct or indirect impacts to wetlands. Conditions of approval are necessary to ensure that the Applicant implement temporary erosion and sedimentation control best management practices as specified in the City's 2002 Surface Water Design Manual, design and construct a permanent stormwater control system; and compensate for impacts to wetland buffer I areas through the use buffer averaging and wetland buffer enhancement. The DSEIS analyzed potential noise impacts from the proposed project. Conditions of approval are necessary to reduce construction and operation noise to comply with the City of Kent ' Noise Control Ordinance. Findings 18-20. 6. The proposed development is in the public interest and serves a need of community-wide or regional importance. The City has proposed an Events Center within the City's urban core for sporting events, concert performances, and other events that would attract attendees from the greater Puget Sound region during mostly evening hours The proposed project would meet the City's goals of creating a civic anchor in downtown and to create new economic development opportunities. Concerns of the Ftndtngs, Conclusions, and RecoiIII)teltdatlOn Gti of lent Hem mg Examiner Amiga Center at Kent #CD-SU-d007-1 K KA #2071650 ' Page 13 of 2 A public presented at the open record hearing will be addressed by conditions of approval recommended by City staff. Findings 1-23. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that I the application for a Special Use Combining District for King County Tax Parcel Numbers 1322049015 and 1322049037 be APPROVED, with the following conditions:8 ' A. The Applicant shall implement the following mitigation measures identified in the Draft and Final Supplemental Environmental Impact Statements. Air Ouali 1. The City shall prepare a plan for minimizing dust and odors sufficiently to comply , with PSCAA Regulation I, Sections 9.11 and 9.15. The following is a list of measures that could be implemented to reduce potential air quality impacts during construction of the project: a. Use car pooling or other trip reduction strategies for construction workers b. Stage construction to minimize overall transportation system congestion and delays to reduce regional emissions of pollutants during construction C. Implement construction curbs on hot days when region is at risk for ' exceeding the ozone NAAQS, and work at night instead d. Implement restrictions on construction truck idling (e.g., limit idling to a maximum of 5 minutes) e. Locate construction equipment away from sensitive receptors such as fresh air intakes to buildings, air conditioners, and sensitive populations f. Locate constructions staging zones where diesel emissions would not be noticeable to the public or near sensitive populations such as the elderly and the young to the extent feasible 2. The following measures shall be implemented during construction as required by ' Kent City Code: a. Use only equipment and trucks that are maintained in optimal operational condition b. Require all off road equipment to be retrofit with emission reduction equipment (i.e., require participation in Puget Sound region Diesel Solutions by project sponsors and contractors) C. Use bio diesel or other lower-emission fuels for vehicles and equipment d. Spray exposed soil with water or other suppressant to reduce emissions of PM10 and deposition of particulate matter , s This recommendation includes conditions required to meet City Code standards as well as conditions required to ' reduce unique project impacts Findings, Conclusions.and Recommendation Ct(v of Kent Hearing Examiner Amiga Center at Kent #CD-SU-2007-1 K1lA #2071650 Page 14 of 22 A ' e. Pave or use gravel on staging areas and roads that would be exposed for long periods f. Cover all trucks transporting materials, wet materials in trucks, or provide adequate freeboard (space from the top of the material to the top of the truck bed), to reduce PM10 emissions and deposition during transport g. Provide wheel washers to remove particulate matter that would otherwise be carried off site by vehicles to decrease deposition of particulate matter on area roadways h. Remove particulate matter deposited on paved, public roads, sidewalks, and bicycle and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions ' i. Cover dirt, gravel, and debris piles as needed to reduce dust and wind blown debris j. Route and schedule construction trucks to reduce delays to traffic during peak travel times to reduce air quality impacts caused by a reduction in traffic speeds. 3. On-site idling of diesel-powered buses and trucks shall be limited and located as far as possible from nearby homes and businesses to reduce diesel emission levels and associated potential impacts. Water Resources 1. Temporary erosion and sedimentation control (TESC) best management practices (BMPs) specified in the City of Kent Surface Water Design Manual(2002) shall be implemented. These measures include: a. Implementing an approved Erosion and Sedimentation Control (ESC) plan; b. Identifying and maintaining clearing limits; C. Providing and maintaining cover measures for exposed soils; d. Providing and maintaining perimeter protection in the form of sedimentation barriers or equivalent materials; e. Providing traffic stabilization areas at site exits; f. Providing sediment retention from surface water runoff; g. Providing surface water controls to manage movement of stormwater runoff; and, h. Providing dust control 2. Additional measures that shall be implemented during construction include: a. Runoff around wetlands would be diverted to a temporary sedimentation pond until the site is fully stabilized; b. Clearing and grading would occur during the dry season; and, C. Additional BMPs would be installed and maintained to reduce silt migration from the site and water removed from the site as part of the dewatering process during construction. Findings, Conclusions, and Recommendation Cup of Kent Hearing Eiannner Amiga Center at Kent #CD-SU-2007-1 M,A #2071650 Page 15 of 2-7 3. A permanent stormwater control system shall be designed and constructed for the proposed Events Center, in accordance with the requirements in the City of Kent Surface Water Design Manual(2002). 4. A portion of the proposed stormwater detention facility could be designed to allow some of the detained water in the facility to be treated and released on- site to recharge groundwater. 5. Compensatory storage for the filling of the 100-year floodplain would primarily be provided off-site. 6. Wetland hydrology would be maintained by directing surface water from adjacent landscaped area to the wetlands, and by providing groundwater recharge from the stormwater detention pond. ' Wetlands 1. Temporary erosion and sediment control (TESC) facilities shall be installed and ' BMPs are proposed to be implemented to help avoid or minimize the potential for water quality impacts to wetlands during construction (see Appendix B and Section 3.2, Water Resources for additional information on the proposed TESC , measures and BMPs). 2. Consistent with KCC Section 11.06.600.D, buffer averaging is proposed to compensate for the impacts to approximately 2,329 square feet of wetland buffer area on site that would occur with development of the proposal. The total buffer area provided by the project (2.50 acres) would exceed the minimum buffer area required by approximately 0 28 acres. 3. Approximately 64,807 square feet (or 1.49 acres) of wetland buffer are proposed , to be enhanced with the planting of native vegetation, consistent with KCC Section 11.06.600 E. Although not required by Code, the on-site wetlands are proposed to be enhanced with native vegetation as well. This enhancement ' would improve wetland functions and reduce the potential for colonization of the wetlands by invasive weeds. A detailed enhancement plan for the wetlands and their buffers shall be prepared as part of the permitting process. 4. The permanent stormwater control system proposed for the Events Center shall include design elements that would divert runoff from landscape areas to the wetlands. During final design of the stormwater system, other approaches to stormwater management will be evaluated, and a method will be developed to divert additional clean water to the wetlands to assure maintenance of wetland hydrology. S. Wildlife passable fencing shall be installed around the wetlands and their buffers ' to minimize public encroachment as required by Code. Findings, Conclusions, and Recommendation Cit ,of Kent Hem uug Eyanrrner Amiga Center at Kent nCD-SU-2007-1 KII A #2071650 Page 16 of?Z Noise - Construction 1. Construction noise could be reduced by properly sizing and maintaining mufflers; ' using engine intake silencers and engine enclosures; turning off idle equipment; and, confining activities to daytime hours. Construction contracts shall specify that mufflers be in good working order and that engine enclosures be used on equipment when the engine is the dominant source of noise. 2. Stationary equipment shall be placed as far away from sensitive receiving locations as possible. Where this is infeasible, and in locations within close proximity to residential receivers, portable noise barriers could be placed around the equipment with the opening directed away from the sensitive receiving property. These measures would be especially effective for engines used in pumps, compressors, welding machines and similar equipment that operate continuously and contribute to high, steady background noise levels. 3. Hydraulic or electric tool models should be substituted for impact tools, such as jack hammers, rock drills and pavement breakers, to reduce construction and demolition noise. 4. Although back-up alarms are exempt from noise ordinances, where feasible, equipment operators shall be encouraged to drive forward rather than backward to minimize this noise from back-up alarms. 5. Noise from material handling shall be minimized by requiring operators to lift rather than drag materials, wherever feasible. ' Noise - Operation 1 To reduce the potential for noise impacts (and annoyance) due to bus and truck diesel engine idling, buses and trucks should turn engines off rather than idle for extended periods of time. 2. Bus and truck idling shall be minimized and restricted to locations as far as possible from nearby residences to reduce noise impacts. 3. The loading area would be located at the north end of the Events enter building on the Commons site, approximately 380 feet from the nearest residential receives, to reduce noise impacts from loading and unloading of people and materials. ' 4. HVACs and chillers shall be constructed and positioned in a manner that shields these sources of noise from the nearest residential receiver (i.e. through use of walls, barriers, and placement away from residences), and the equipment would be designed to operate consistent with the Kent noise control ordinance (KCC 8.05.140). Fmdm s, Conchrsrons, and Recommendanon Cut'of Kent Hear tng E.eannner Anuga Center at Kent #CD-SU-2007-1 KIK4 #2071650 Page 17 of 22 5. Materials used to construct the Events Center (i.e. concrete, double-paned glass, and other dense materials) shall provide noise shielding. Gaps and areas where ' only thin or non-dense materials are positioned (i.e. sheet metal, plastics, etc) would be minimized. Land Use 1. The construction staging area shall be located in the western portion of the Commons site to reduce potential construction impacts on the residential area to the east of the site. 2. The Events Center building shall be located near the center of the southern site boundary to place the building in proximity to W James Street (identified as a prominent gateway to the City and downtown) and provide separation between the building and the residential area to the east. , 3. Approximately 42 percent of the Commons site shall be provided in some form of open space, including retained natural area, landscaping, and public plaza ' 4. A 15-foot-wide landscape buffer shall be provided along the east Commons site boundary; this buffer would include a 3-foot high earth berm and landscaping to create a visual separation between the proposed Events Center (including surface parking area) and existing residential uses to the east. The width of this buffer and the density of landscaping would meet or exceed the highest applicable standards of the Kent Municipal Code. 5. Truck loading areas shall be located at the back of the building (north end) and , would be screened to minimize impacts to surrounding uses. 6. The City has identified potential short-term and long-term relocation sites for the , existing athletic field and play area on the Commons site, which shall be implemented as follows: a. On a short-term basis (2007-2009), athletic field use would be relocated ' to the Uplands Playfield, Kent Memorial Park, and to the newly- constructed Service Club Ballfields, as well as through improvements to Kent School District Fields. b. On a long-term basis, athletic field use would be relocated to two newly- constructed multiuse facilities located at Kent Meridian Junior High and Sequoia Junior High. These two facilities would accommodate the ' current programming at the Commons site on a smaller footprint. C. Existing play structures and swings would be relocated to another park in the City in the event that they cannot be retained on-site. , d. The existing asphalt trail on the Commons site would be replaced by a new six to eight-foot wide, 0.7 to 1 mile long trail at some location in the City of Kent. The new trail could be located on the Naden site in association with the future possible aquatic center. Findings. Conclusions and Recommendation 00 of Kent Hearing Elanuner Amiga Cenrei ar Kent #CD-SU-2007-1 KIiA #2071650 Page 18 of 11 1 Aesthetics/Light and Glare I 1. The Events Center building shall be located near the center of the southern site boundary to place the building in proximity to W James Street (identified as a prominent gateway to the City and downtown) and provide separation between the building and the residential area to the east. 2. Approximately 39 percent of the Commons site shall be provided in some form of open space, including retained natural area, landscaping, public plaza area, and stormwater detention pond. 3. A 15-foot-wide landscape buffer shall be provided along the east Commons site boundary; this buffer would include a 3-foot high earth berm and landscaping to create a visual separation between the proposed Events Center (including ' surface parking area) and existing residential uses to the east. The width of this buffer and the density of landscaping would meet or exceed the highest applicable standards of the Kent Municipal Code. ' 4. Truck loading and delivery areas shall be located at the rear of the facility to minimize their visibility. Architectural walls and landscaping would be provided around the loading and delivery areas to provide a partial visual screen 5. Exterior building and parking lot lighting shall be directed downward and away from adjoining properties and would strive to minimize impacts on adjacent areas. All on-site lighting would meet or exceed City of Kent standards. 6. Low-reflectivity building glazing and building materials shall be used on the budding surfaces to reduce glare. ' Transportation - Construction Mitigation 1. For the Commons site, the contractor should coordinate with City staff regarding the best truck haul routes to use to access the site. If any phase of the construction process requires use of off-site areas for construction-worker parking or truck staging, the contractor should work with City staff to identify appropriate areas for these uses to minimize disruption to local streets. No off- site parking should be allowed in the North park neighborhood. Proiect Mitigation — Infrastructure Improvements 1. The Events Center main driveway shall be located opposite the RJC garage driveway and the intersection signalized. The signal would facilitate event flows to and from the parking area, and would provide a signalized pedestrian crossing. This would also allow the Events Center parking to support the PJC and other downtown uses. 2. The sidewalk between the Events Center building and the Interurban Trail on James Street should be widened. This sidewalk would have at least 8 feet of unencumbered width (not encroached upon by street trees or other street Findings, Conclusions,and Recommendation City,of Kent Hearing Examiner Amiga Ceuier at Kent #CD-SU-2007-1 KIVA #2071650 Pa.-e 19 of 22 furniture) to accommodate the peak egress pedestrian flow destined to the Lincoln Avenue Park-and-Ride. 3. A pedestrian waiting area on the north side of James Street at the crossing to the RJC garage shall be provided , 4. Pedestrian gates to the UP Railroad crossing of James Street shall be added. S. The pedestrian holding area on the south side of James Street east of the UP , tracks shall be improved. This could include providing a curb (with a break) to delineate the edge of the street, and paving gravel areas to widen the pedestrian holding area. 6. Directional signs along main access routes shall be installed. Signs shall be ' located along the main routes connecting downtown Kent with I-5 and SR 167. The easiest-to-navigate route would be: Kent-Des Moines Road to 4th Avenue N to James Street. Additional signs directing motorists back to I-5 and SR 167 ' should also be installed at key decision points. 7. A secondary access to the Commons Site connecting to 4th Avenue N. should be , provided A secondary access into the Commons site would relieve peak ingress congestion at the James Street/41h Avenue N intersection. It would also help disperse traffic after an event. , Project Mitigation —operationai Improvements 1. Delay start time for large weeknight events to 7:30 PM shall be implemented, The delayed start (7:30 PM instead of 7:00 PM) should be applied for any event with an expected attendance greater than 4,000. Weekend events require no restriction on start time because background traffic is much lower in Kent on , weekends. 2. A Residential parking Zone (RPZ) in the North Park neighborhood shall be ' implemented, if desired by the residents of the North Park neighborhood. Details of this program would be coordinated between the City of Kent and North Park residents. The plan should provide permits for resident vehicles, and allow for , guest parking through temporary permits. It should also make it illegal to park in the North Park neighborhood without a permit. Program elements related to enforcement, infraction fees, and permit distribution should also be defined. 3. The City shall manage traffic after large events. During the peak egress period following an event, turn prohibitions are recommended from the major parking , lots to facilitate the flow and dispersion of traffic leaving the various parking areas. The following access management measures are recommended for events with more than 5,000 attendees: Findings, Conclusions, and Reconnnendauon Gip of Kent Hearing E.rarniner Amiga Center at Kent ;;CD-SU-2007-1 KIKA #2071650 Page 20 of 22 ' a. Lincoln Avenue Park-and-Ride. Force all existing traffic to the south on Lincoln Avenue and away from James Street. Motorists can use Smith Street or Meeker Street to reach all destinations. b. Regional Justice Center Garage. Force all existing traffic to turn right (east) on James Street. Motorists can reach all destinations via 4`y Avenue N. C. Commons site. Provide for both east and west movements to James Street. Use police officer control to direct both vehicular and pedestrian traffic at both egress locations. ' 4. The City shall use police control to manage traffic existing the Commons site and RJC Garage after an event. Police control should be used for events that exceed 3,000 attendees and have a distinct end time to the event (e.g., a sporting event or concert). Police control would not likely be needed for events such as trade shows that do not have a distinct end time 5. The City will enact an Event Parking Management Plan to mitigate the potential ' parking impacts. The Event Parking Management Plan shall include at least the following features- a. Install permanent signage directing patrons to Events Center parking. Permanent signage should be installed for the main parking lot at the Commons site, the RJC garage (with signage at the intersection of 4`° Avenue/Ramsay Way), and the James Street Park-and-Ride. b. Create signs that would be placed during events (e.g., sandwich boards or other sign option) indicating "No Event Parking" at the main entrance points to the Kent Station site or other businesses/facilities where event parking would not be allowed. C. Reserve parking spaces in the main Events Center parking lot for carpools with four or more occupants. This parking should be the most convenient to the facility's entry point and also be the first released after an event. The incentive for higher-occupant carpools would help decrease the overall parking demand generated by an event. Within 10 ' minutes of the event's start, reserved spaces could be opened to all traffic to maximize utilization of the on-site parking lot d. Include travel routes, parking location, and carpool incentive on the Events Center web site (with a link to/from Thunderbirds' web site). These should show the three main parking areas for the Events Center. It could also indicate "No Event Parking" areas such as at Kent Station and in the North Park neighborhood. e. Include the above travel route and parking information on event marketing materials such as newspaper print advertisements and ticket mailings. f. Institute a Residential park Zone (RPZ) in the North Park neighborhood, if desired by the residents. Details of this program would be coordinated ' between the City of Kent and North Park residents. The plan should provide permits for resident vehicles, and allow for guest parking through ' Findmgr, Conclusions.and Recommendation On,of Kent Hearing Examiner Annga Center at!."ent #CD-SU-2007-1 KIVA #2071650 ' Page 21 of 22 1 temporary permits. It should also make it illegal to park in the North , Park neighborhood without a permit. Program elements related to 1 enforcement, infraction fees, and permit distribution should also be defined. g. Assist with managing, monitoring, and enforcing event parking. ' Historic and Cultural Preservation If resources of potential archaeological or historic significance are encountered during excavation or construction associated with the project, the fallowing conditions would apply: work would stop immediately and the City of Kent, DAHP and applicable tribes would be contacted; and, work would re-commence with adherence to applicable 1 regulations pertaining to discovery and excavation of archaeological resources, including but not limited to Chapters 27.53, 27.44 and 68.60 of the RCW and Chapter 25.48 of the WAC, as applicable B. The Applicant shall comply with the conditions of Downtown Design Review dated May 15, 2007 1 C. A Masters Sign Plan shall be developed in conjunction with and subject to approval by the Planning Services Division. This plan shall regulate the type, size and location of all , proposed exterior signage for the facility. Initial and/or subsequent changes to exterior signage shall require separate sign permit applications. Dated this day of June 2007. THEODORE PAUL HUNTER 1 Hearing Examiner 1 i i 1 Fmditrgs. Conclusions, and Recommendation 1 Cm of Kent Hearn.-Examiner Amroa Center at Kent #CD-SU-2007-1 KIK4 #2071650 1 Page 22 of_'2 Exhibit B Vicinity Map Attached 1 1 1 This page intentionally left blank. 1 1 1 i 1 1 i 1 1 1 i 1 1 1 1 1 j...{ f• err w{� r ...• { 1 i • ��1 J ,1 1 �� This page intentionally left blank. 1 i i i 1 ' Exhibit C Legal Description for Kent Events Center That portion of the southeast quarter of the southwest quarter of Section 13, Township 22 North, Range 4 East, W M , in King County, Washington, lying east of the Chicago, Milwaukee and St. Paul Railway Company, except the south 33 feet thereof, for street purposes conveyed to the City of Kent under deed recorded under Auditor's file number 5660747 and lying southeasterly of hat portion conveyed to the State of Washington for PSH No 5 by deed recorded under Auditor's file number 5944140 and except that ' portion conveyed to the City of Kent by deed recorded June 20, 1969 under Auditor's file number 6527771 ITogether with that portion of the south quarter of the northeast quarter the southwest quarter of Section 13, Township 22 North, Range 4 East, W M , in King County, Washington, lying easterly of the east line of PSH 5 as condemned in King County Superior Court Cause No 657499, less the east 60 feet for 5"' Avenue North, together with that portion of vacated 5`h Avenue North as vacated by City of Kent Ordinance 1877 This page intentionally left blank. COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES Charlene Anderson,AICP, Manager • KENT Phone 253-856-5454 WA$HINOTON Fax 253-856-6454 Address. 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (253) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF MAY 23, 2007 FILE NO: AMIGA CENTER AT KENT #CD-SU-2007-1 KIVA# 2071650 APPLICANT: Ben Wolters City of Kent REQUEST: The City is seeking Special Use Combining District E approval for the construction of a multipurpose regional event center to be located in downtown Kent. l� STAFF REPRESENTATIVE: Charlene Anderson STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal Pursuant to Kent City Code section 15.04.150, the City of Kent seeks Special Use Combining District approval for the proposed construction of an approximately 153,000 square foot civic Events Center (Amiga Center) on the Commons Playfields site In downtown Kent. The project Includes 851 on-site parking stalls. The Amiga Center will provide a venue for a wide range of potential events, including spectator sports, concerts, performances, trade shows and other civic activities. The primary tenant of the Amiga Center is the Seattle Thunderbirds hockey team. The Amiga Center is Intended to serve as a civic anchor in the northwestern portion of downtown and, In the greater Kent community, to enhance economic development opportunities in downtown and to create a new destination center for the wide range of planned activities. Specific details about Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 Program/Function - The design concept for the Amiga Center at Kent is to create a flexible multi-use community facility. It will be a symbol of community identity and pride, both for Kent citizens as well as the surrounding region. It would serve as a community landmark, and become another milestone in the City Council's Strategic Plan goal of strengthening the urban core and enriching the City of Kent downtown experience. The facility is designed to include all necessary ancillary spaces to support the principal functional areas. These spaces include spectator spaces and event areas, food service facilities, media facilities, administration and operations support, storage, and delivery handling. The Amiga Center is intended to provide a much needed venue for community and regional events to occur within the City of Kent. Flexibility was the key element of its design to maximize the greatest range of spectator-oriented and exhibition events the City could host. These events typically include, but are not limited to: • Semi-Professional Hockey, Professional Hockey and Senior Hockey Exhibitions along with Collegiate, Amateur and Junior Hockey. • Concerts and a variety of Stage Shows ranging from 6,000 to 7,500 in several different configurations. • Ice Shows, Figure Skating Competitions and other ice activities like curling. • Sports events such as Basketball, Arena Football, Indoor Soccer, Lacrosse, Volleyball, Boxing, Wrestling, Tennis, Indoor Track and Field. • Disabled Sporting Events including Special Olympics and Sledge Hockey Events. • Motor Sports, Tractor Pulls, Monster Truck Rallies and Custom Vehicle Competitions. • Circuses and Family Shows. • Rodeos, Equestrian Events, and other Animal Shows. • Home, Boat, Auto, RV, Sportsman & other Tradeshow & Consumer Shows. • Exhibitions, Bazaars, Christmas & other Craft Fairs. • Religious and Political Gatherings. • Large Meetings, Auctions, Banquets & Dances. • Graduation Ceremonies, Special Pageants and Celebrations. • Sports Tourism Events and Tournaments. In order to accommodate all of the above uses and provide amenities and services appropriate and adequate for each event, the facility will be equipped with features that allow for quick and cost-efficient change-over from one event Page 2 of 12 Staff Report 3 Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 to another. In addition, the building will be designed with spatial flexibility to accommodate future events not yet identified. This includes the capability of the roof structure to withstand heavy loads, the ability to create a number of seating & layout configurations on the event floor as well as the ability to 'divide' the spectator bowl into various seating configurations. Together these will add to the long-term usability of the building and allow for a rich mixture of community and regional events that can be accommodated. Building Design - The design of the facility will support the City of Kent's goal to become a unique urban center -- one that is dynamic, vibrant and fosters a strong quality of life for its citizens. The highly active areas of the Amiga Center should be easily visible from the exterior and particularly from the pedestrian plaza, which will connect the new facility to the existing downtown through visible and active use. The building consists of three primary elements: the Bowl, the Concourse, and the Roof structure. The Bowl is further subdivided into the event floor, seating tiers and luxury suites. These elements are designed with functionality, flexibility and durability in mind. They are focused on the internal life of the budding, the event floor. The bowl is organized to optimize views, acoustics and lighting performance and functions separately from the outside spaces. The main entry into the Amiga Center will be at the James Street facade. Additional entry points will be provided at the east & west ends of the ground floor to the north. A generous lobby space, featuring high ceilings and glass, will allow for gathering, ticketing and queuing before an event. Once past the entry turnstiles, event-goers will find themselves in the primary element of circulation ! within the facility, the Concourse. The concourse is the primary circulation route through the building. By using large expanses of glass throughout the concourse, the action of the event is displayed to the community at large, and simultaneously provides views of the City to the Amiga Center visitors. The roof structure will span the seating bowl, providing a minimum 53 foot clearance from the event floor. The luxury suites will be incorporated into the edges of the structure and provide an opportunity for expressing an animated edge to the overall roof structure. B. Location The address of the property is 625 James Street, identified by King County Tax Parcel numbers 1322049015 and 1322049037. Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 C. Size of Property The property is approximately 17.5 acres in size. D. Zoning/Comprehensive Plan The property is zoned M-2, Limited Industrial, and the Comprehensive Plan Land Use Map designation for the property is Parks &Open Space. The Parks & Open Space designation recognizes the property as public land. A multipurpose regional event center is of unique character and will occupy large areas of land, has unusual building mass, and serves large numbers of people. As such, the use may be allowed via a special use combining district that is superimposed on the existing zoning district. The application procedure for a special use j combining district is the same as for a rezone, although the approval is development-specific rather than speculative, and the development standards for review are specified in KCC 15.04.150(D). , Properties to the north and west are separated from the project site by Highway 167 and the Union Pacific Railroad. They are zoned M-3 and GC-MU respectively. Properties to the south across the James Street right-of-way are zoned DCE, Downtown Commercial Enterprise. Immediately to the east of the site the properties are zoned DCE, MRT-16 and MRG. E. Land Use The City of Kent purchased the property in 1978 and 1981, and has used it as recreation fields with minimal physical improvements. Prior to City ownership the land was primarily used for agricultural purposes. The City intends to relocate the recreation fields under short-term and long-term strategies at other parks facilities or school district sites. In 2006, the City began to explore the construction of a regional events center and has since secured the Seattle Thunderbirds WHL hockey team as an anchor tenant. F. Site History The subject property was part of the original township site established in 1888. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment The environmental review process for the Amiga Center began with a 21-day public scoping period starting on November 28, 2006. The City issued a Draft Supplemental Environmental Impact Statement for the Amiga Center on Page 4 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 February 26, 2007 and issued the Final Supplemental Environmental Impact Statement on May 91h, 2007. Mitigation measures for the proposal are summarized in the attachment to this report. No appeals have been filed. B. Significant Physical Features Topography. Wetlands and Vegetation The site is generally flat with slopes not exceeding 1%. Existing vegetation is limited to typical field grasses and ruderal species along the western boundary. Four Category 4 wetlands of approximately .37 acres exist on site, and the applicant proposes buffer averaging for impacts to approximately 2,329 square feet of buffer area. C. Significant Social Features 1. Street System The main access to the site will be James Street, although a secondary access to the site from 4th Avenue N via W Cloudy Street will be available. Frontage improvements along W James Street include widening the street to add a 5-foot-wide bicycle lane on the north side of the street, constructing a 12-foot-wide sidewalk/landscape buffer, and converting the existing center left-turn acceleration lane into an eastbound left turn lane, which would also be extended to the west. A new traffic signal will be installed at the intersection of W James Street/Events Center Main Driveway/RJC Garage Driveway. Cloudy Street between the site and 4th Avenue N will initially have one lane in each direction. Upon acquisition of right-of-way, this section of W Cloudy Street will be widened to include an additional left turn lane approaching the intersection with 4th Avenue N. Because 5 h Avenue N, which abuts the east side of the site, provides local access to several houses, event traffic should be discouraged from using this street. Therefore, it is proposed that 5`h Avenue N not be improved or widened. "Local Access Only" signs would be posted at the north and south ends of this street. Mitigation measures for impacts to the transportation system are identified in the attachment to this report. 2. Water System The site receives domestic water service from the City of Kent. Page 5of12 i Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 3. Sanitary Sewer System The site receives sanitary sewer service from the City of Kent. 4. Stormwater System The approach for the design of the flow control system is to provide stormwater detention in a layer of ballast beneath most of the paved areas on site. This approach is based on using the voids in the layer of ballast to store surface water runoff until the runoff is control-released off the site. To visualize the concept, this system will function similar to a very large pond filed with rocks and with a solid cover. Water quality will be addressed through the construction of a regional water quality treatment facility for a portion of the Mill Creek Basin. This facility will be constructed as part of the City's Stormwater Capital Improvement Plan. Compensatory flood storage will be accommodated at an off-site property. The City's preferred off-site location for compensatory storage is the Boeing Creek site located near the intersection of South 212`" Street and 68"' Avenue South. D. CONSISTENCY ANALYSIS The proposed Special Use Combining District project is consistent with the goals and policies of the City of Kent Comprehensive Plan, Downtown Strategic Action Plan (an adopted Sub-Area Plan), and recent City Council Strategic Plan. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Police Department U.S. Postmaster Building Official WA Dept. of Ecology Director of Public Works K. C. Wastewater Treatment Fire Department Washington State DOT Parks & Recreation Director King County Transit Division City Clerk Puget Sound Energy City Attorney Qwest In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. A Notice of Application was posted on the site on May 4, 2007 and published in the Kent Reporter on May 5`h, 2007. No comments were received. Page 6of12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents. As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, and adopted sub-area plans, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the city departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent C with the plan, as well as guide decision making about the funding and location of the capital improvement projects. iLAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as POS, Parks and Open Space. Specifically, the Parks and Open Space designation represents publicly owned land that is either large areas reserved for active recreation or underdeveloped areas left for passive recreational uses. Goal LU-4: Plan and finance transportation and other public facilities which support the mixed-use development of the Urban Center. Policy LU-4.8: Locate civic buildings and facilities in the Urban Center. Policy LU-13.1: Maintain and enhance Kent's Downtown as a vital and unique commercial district. Planning Services Comment: Because the project site has been under City ownership for over thirty years, the land was not subject to the same development pressures of adjacent properties. It was the City's vision to retain the current use of the site until redevelopment I could take place that would further Kent's goals of developing a unique urban center and a regional destination Although the site is not within the designated Urban Center, it is within the downtown planning area which will experience additional adjustments to land use patterns as the downtown area continues to grow from suburban to urban. iPage 7 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 COMMUNITY DESIGN ELEMENT The Community Design Element outlines several goals and policies related to the form, function, and appearance of Kent's built environment. Goal CD-11: Reinforce the role of people-oriented Downtown as the focus of , community life and as a vital, people-oriented place. Policy CD-11.7: Design streets and other public spaces within Downtown that can otherwise be utilized for seasonal celebrations and special events. PARKS &OPEN SPACE ELEMENT Policy P&OS-11.4: Develop and operate special indoor and outdoor cultural and performing arts facilities that enhance and expand music, dance, drama, and other audience and participatory opportunities for the community at large. ECONOMIC DEVELOPMENT ELEMENT Goal ED-6: Promote Downtown as the primary center for the concentration of housing, retail and office commerce, and cultural activities in Kent. Planning Services Comment: As stated previously, the Amiga Center will provide a venue for a wide range of potential events, including spectator sports, concerts, performances, trade shows and other civic activities. It will be a symbol of community identity and pride, both for Kent citizens as well as the surrounding region. It will serve as a community landmark, and become another milestone in the City Council's Strategic Plan goal of strengthening the urban core and enriching the City of Kent downtown experience. B. Downtown Strategic Action Plan Recommendations for the North Frame District include provisions to Upgrade Commons Playfield and Improve James Street. This included a master plan to explore solutions to problems regarding parking, access, drainage, impacts to neighboring residents, and pedestrian/bike/trail connections. Recommendations for the North Core District located just south of James included support for a civic and performing arts center or hotel and conference center in downtown. The proposed Amiga Center certainly meets the intent of the plan, while proposing a minor change in location. C. Standards and Criteria for Granting a Request for Special Use Combining District ` The following criteria (Kent Zoning Code, Section 15.04.150.D) are used by the Hearing Examiner and City Council to evaluate a request for Special Use Combining District approval. Such an amendment shall only be granted if the City Council determines that the request is consistent with these criteria. Page 8 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 1. That the location for the proposed use is reasonable. Planning Services Comment The dramatic growth and redevelopment the City of Kent downtown has experienced over the last few years has created an opportunity to achieve another community identifier. To build upon the recent success of the private investments being made downtown, the location of an iconic facility like the Amiga Center is imperative. The approximately 17.5 acre, City owned Commons playfield is a perfect location for this type of project. The site is walking distance from major employment centers within the downtown, Sounder commuter rail and METRO station, and municipally owned or controlled parking structures. The recent Kent Station development, core downtown retail and restaurants are only minutes away by foot. The Kent City Council identifies a series of strategic goals every year that they set as their priorities for shaping the community. One of the recurring goals is to Support a Dynamic and Sustainable Economy, with a Key Target of Creating a downtown that is a destination to live/work/play/shop by creating opportunities for redevelopment of key downtown parcels. Another goal noted in the Councd's plan is to Become a Unique Urban Center, with a Key Target to create regional events, conference, sports, tradeshow facility. 2. That the existing or proposed trafficways are adequate to serve new development Planning Services Comment The Draft and Final Supplemental Environmental Impact Statement (February 26, 2007 and May 9, 2007 respectively) analyzed 26 intersections and ultimately identified 12 mitigation measures related to the local street system that would be required by this proposal. These mitigation measures include a new traffic signal and widening along the frontage of the project, 12-foot-wide sidewalks, bicycle lanes, a formalized pedestrian crossing at the Union Pacific rail crossing, and traffic management. Cloudy Street will be widened and bridged across the drainage swale at 51h Avenue. Sidewalks will be included in the improvements. 3. That setback, height and bulk of buildings are acceptable for the proposed use and for the vicinity for which it is located. jPlanning Services Comment The proposed location for the Amiga Center is in the south-central portion of the property providing a buffer to existing neighbors to the east across 5ch Avenue from the mass of the facility, yet allowing it to be functionally adjacent to and visible from downtown uses. Page 9 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 In order to achieve an architectural scale consistent with existing structures in downtown Kent, specific design elements are provided to reduce the appearance of bulk along public rights-of-way. For this project, the design team is faced with the challenge of creating appropriately scaled architectural elements for a use that requires a large building. To determine appropriate elements for providing ' required architectural scale, the team began by working with staff to determine how anticipated uses around the Amiga Center would impact perception. For instance, as patrons of the facility are likely to concentrate pedestrian activity along James Street and the associated central plaza, an aggressive use of building elements to create a more comfortable scale were determined to be appropriate. Alternatively, along the west elevation, the new Amiga Center will be seen from a greater distance, primarily by commuters on Highway 167. Accordingly, different elements to reduce the building scale are appropriate, and have been incorporated into the proposed design. As in most facilities of this nature, the use of unique architectural materials will help lead building users to the main access points. The building's "big idea" is to be supported by smaller design elements in the plaza itself; elements at a pedestrian scale such as lighting, seating areas, large scale sculptural artwork, etc. The vocabulary of these elements will evolve into secondary scaled elements at the building edge itself, such as overhead canopies, guardrails, and signage. These architectural scaled features will work in concert to not only make the building more tactile and inviting to the users, but to also break up its overall scale. The eastern elevation of the proposed building provides building modulation, through the overhang roof design and somewhat random pattern of "vision glazing" which breaks up large expanses of the upper and lower sections of the structure. Additionally, the design team will use color and material changes along this wall which correspond with each change to the building plane. Parking area landscaping, lights and the 18 foot landscape buffer on the east edge of the property will provide an additional vertical plane that will provide visual relief along this facade. The Amiga Center at Kent project is subject to the City's Downtown Design Review requirements. The design team presented the project on May 151h to the Downtown Design Review Committee who approved the design with eight conditions. Those conditions generally seek to ensure the new facility will appropriately address the existing adjacent uses with additional architectural details and bolster the parking lot landscaping. A copy of the Downtown Design Review Committee's decision is included in the record. Page 10 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 4. That landscaping and other site improvements are comparable to the highest standards set forth for other developments as set out in this title. Planning Services Comment The proposed Amiga Center at Kent project will be developed with landscaping standards that meet or exceed those called for in Kent City Code. Along the eastern boundary of the site a bermed landscaping buffer a minimum 15 feet in width is required. This buffer area will be planted with type II landscaping which will form a solid screen within five years after planting. A black nylon coated fence is also included to provide a visual deterrent to pedestrian cut-through traffic to the new facility. At a minimum, the large parking areas of the site will include landscaping at densities and intervals as prescribed by the code. This includes KCC Section 15.07.040 that requires additional landscaping for parking lots that exceed 20,000 square feet in size. The parking stalls as proposed do not meet the required size and design standards of Section 15.05 Kent City Code. The applicant shall redesign the parking areas to comply with the code requirements. As the proposed facility will need to host numerous events and functions, effective on-site signage will be important. As a unique facility the required signage should not be subject to existing sign code regulations of KCC 15.06. For that reason, a separate Master Sign Plan should be developed in conjunction with and subject to approval by the City of Kent Planning Services Division. This plan should regulate the type, size and location of all proposed exterior signage for the proposed facility. 5. That the performance standards pertaining to air and water pollution, noise levels, etc., are comparable to the highest standards specified for other uses as set out in this title. Planning Services Comment The proposed Amiga Center at Kent project will be required to comply with all of the Performance Standards as set forth in KCC 15.08.050. These standards regulate noise, dust, glare, and vibration etc. generated not only by the facility itself but by all commercial users of the facility. As an ice arena, the facility will include a closed refrigeration system containing approximately 1200 pounds of ammonia. There is no other storage of ammonia. Closed loop refrigeration systems are not regulated as a Hazardous Substance Land Use Facility under the Zoning Code. Page 11 of 12 Staff Report Amiga Center at Kent #CD-SU-2007-1 KIVA #2071650 6. That the proposed development is in the public interest and serves a need of community-wide or regional importance, Planning Services Comment The Kent City Council identifies strategic goals every year in order to shape their priority actions. One of the recurring goals is to Support a Dynamic and Sustainable Economy with a Key Target of Creating a downtown that is a destination to live/work/play/shop by creating opportunities for redevelopment of key downtown parcels. Another goal noted in the Council's plan is to Become a Unique Urban Center, with a Key Target to create regional events, conference, sports, tradeshow facility. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the code criteria for granting Special Use Combining District approval, the City staff recommends APPROVAL of the Amiga Center at Kent request with the following conditions: 1. The applicant shall implement the mitigation measures identified in the Draft and Final Supplemental Environmental Impact Statement 2. The applicant shall comply with the conditions of Downtown Design Review dated May 15, 2007. 3. A Master Sign Plan shall be developed in conjunction with and subject to approval by the Planning Services Division. This plan shall regulate the type, size and location of all proposed exterior signage for the facility. Initial and/or subsequent changes to exterior signage shall require separate sign permit applications. KENT PLANNING SERVICES May 16`h, 2007 Ch:S:\Permit\Plan\ComMningDistnct\2007\2071650-2007-lstaff report doc Page 12 of 12 Planning Services Location-400 W.Gowe•Mall to:220 4th Avenue South• Kent,WA 98032-5895 400 Permit Center(253)856-5302 FAX:(253) 856-6412 KEN T www.ci.kent.wa.us/permitcenter WASMIMOTOM PLANNING SERVICES Special Use Combining District Application Please print in black ink only. Public Notice Board Fee and ` Application Fee...See Fee Schedule Application #: `L D -�U-2-0M -- N391A KIVA#: OFFIC USEONLY FICE USEONLY Name: �� 1,,��1 t/ Q r AddresslLocatlort!_��� _f Zone: �[CL — King County Parcel Number(s): /-W&7cp /S- / ?T" Acres: /7-7' f Y. Section '5-G� _ Section /3 Township 092 N Range E Applicant: (mandatory) Name: �Y• ��� Daytime Phone: Mailing Address: �y s Fax Num er. zs" 6, City/State/Zip- ��.� Gt/� �g��o� Signature:_ - Professional License No: _ Contact Person: Property Owner 1: (mandatory if different from applicant,attach additional info/signature sheets if more than one property owner) ��/ Name _— 0 Z—e"� Daytime Phone, Z93 e6-4r Mailing Addres �-��y � _ Fax Number: _ i City/State/Zip._ " Signature __ '_ Property Owner 2: (if more than two property owners attach additional infolsignature sheets) Name: Daytime Phone: Mailing Address: _ Fax Number: _ City/State/Zip: Signature: The above signed property owners, certify that the above information is true and correct to the best of our knowledge and under penalty of perjury, each state that we are all of the legal owners of the property,dre-ir'A- �oyg rdf) designate the following party to act as our agent with respect to this application. �C( + 1 . ''MM Agent/ConsultantlAttorney: (mandatory If primary contact is different from applicant) APR j a 7Ugl Name: _ Daytime Phone. Mailing Address: Fax Number: clry uF :cs s[ - dfFrF+N�rS Ei�dtC City/State/Zip. License No.. jEmail Address. _ OFFICE USE ONLY: City-Initiated ❑ Privately Initiated Date Application Received- C _ Received by:_Ik- Date Application Complete:___ Completeness Review by: f - GHl-1 psd4103 112/07 p t of 1 � R �" •6��YNvY,`�"'+ n 3+, is _��''�•�y� � • �."q�"-w{�Rt� i1,�`�`'�` 'Fxd v'FF .r6Y w'�4�+b_� 4 Rye k3,y{ � �� "f Gl� ¢.iu'il• '4�� C ,W+� �`4�tL 'Ai',4�JSoib>+ ff �I;k��P3^e ;�,��}�'�f- �3xTF+A>z^!�.�es 4�; ��}T• i,�vSS•'�� L�isF�'A i�.. R j e �O3 Fww l T.r 4y ,y K Ni kkdsY :x .yl1 q • It 1� �' T `,• f_.. UP mFT-70"nom AM IGA CENTER at Ken t Application Checklist Comments , THE APPLICANT MUST ADDRESS EACH The Special Use Combining District OF THE FOLLOWING STANDARDS AND application for the AMIGA CENTER at CRITERIA. THE INFORMATION MUST BE Kent consists of both 8.5° x 11" material SUBMITTED ON SEPARATE 8'h x 11-INCH and 15" x 21" drawings. Together they SHEETS OF PAPER, TYPED WITH ONE- comprise the entire submittal. INCH MARGINS. PROVIDE THE FOLLOWING: A Seven (7)copies of responses addressing LMN - (7) copies provided of text & the following Kent City Code Section drawings. 15.04.150 (D) criteria which shall be used by the City Council to evaluate any proposed Special Use Combining District. The Special Use Combining District shall only be granted if the Hearing Examiner and City Council determine that the request is consistent with these criteria. 1. That the location for the proposed use is Yes. The proposed use is reasonable reasonable. and appropriate. The site is of sufficient in size to provide for the building, associated parking and public space. 2. That existing or proposed traffic ways are Yes. It is primarily accessed off James adequate to serve new development. Street. Additionally, the site is conveniently located near several major transportation systems (Flail, Freeways, Bike Trail, etc 3. That setback, height, and bulk of buildings Yes. The 17 acre site is of sufficient are acceptable for the proposed use and for area to allow the budding massing to be the vicinity in which it is located. placed central to the site, thus reducing any visual impact to neighboring property. The structural system of the budding is efficiently designed to reduce to the overall height of the structure and building massing. 4. That landscaping and other site Yes. In addition to the effective blending improvements are comparable to the highest of landscape islands and parking, the standards set forth for other developments residential community to the east is as set out in this title. further buffered with supplemental landscaping along the east edge of the ro e 5. That the performance standards pertaining Yes. to air and water pollution, noise levels, etc. are comparable to the highest standards specified for other uses as set out in this title. SPECIAL USE COMBINING DISTRICT APPLICATION Page 2 of 17 AMIGA CENTER at Kent 6. That the proposed development is in the Yes. The AMIGA CENTER will provide public interest and serves a need of opportunity for multi-event activities to community-wide or regional importance. In enhance the public exper.ence on a local reviewing and approving special uses, the and regional level. hearing examiner and the city council may impose such conditions as they deem necessary in the interest of the welfare of the city and the protection of the environment. B. In addition to answering the above See Narrative & Drawing Contents for criteria, the applicant must submit all of the this required documentation. following information and materials: 1 The completed original application, Included Separately making sure that all of the required signatures are obtained. 2. Seven (7)copies of complete legal See Vicinity Map descriptions of all parcels involved with the proposed Special Use Combining District. 3. Seven (7) copies of a vicinity map to a See Vicinity Map scale not smaller than one thousand (1,000) feet to the inch showing the site in relation to its surrounding area, including streets, roads, streams, or other bodies of water, the development characteristics and zoning pattern of the area, and a scale and north arrow. The vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonably orient the reader to the vicinity, and to adequately convey the re uired information. 4. Seven (7)copies of a map (minimum See Vicinity Map Scale of one inch =200 feet) showing all of the subject parcels which would be affected by the proposed Special Use Combining District, the present zoning of all adjoining property within 200 feet, and any other information pertinent to this zoning request. PLEASE FOLD LARGE MAPS TO FIT INTO AN 8'/z"x 14" ENVELOPE WITH THE APPLICATION NAME OF THE PLAN SHOWING. 5. One (1) copy of the site map (Section 4 See Vicinity Map above) at a reduced size of an 81h x 11- inch sheet. 6 One (1) copy of signed Certificates of NA, City Is The Utility Purveyor Water and Sewer Availability, if served by other than City of Kent Water and Sewer. Please verity service district area with the Public Works Dept prior to submitting an application. Certificate forms are attached. SPECIAL USE COMBINING DISTRICT APPLICATION Page 3 of 17 AMIGA CENTER at Kent 7. Environmental checklist application must Not Required. City Going Through be completed and all required copies and Separate EIS process supporting materials submitted in conjunction with this application. See fee schedule for environmental checklist processing fee. 8. Seven (7) copies of a written statement See Narrative and Drawings providing the following information: a) Program for development, including See attached Kent Events Center staging or timing. Schedule for fall 2008 Opening. b) Proposed ownership pattern upon The completed facility will be owned by completion of development. the City of Kent. c) Banc content of restrictive covenants, if There are no restrictive covenants on the any. property of the proposed project. d) Provisions to ensure permanence and The open space and landscaping of the maintenance of open space through means facility will be maintained by an operator acceptable to the city. of the facility who will be selected by the City of Kent. Landscaping and public space at the facility will be maintained to high standards commensurate with the community expectations for a regionally significant public facility. e) Statement or tabulation of number of The Events Center will employ persons to be employed, served, or housed approximately 15 permanent employees in the proposed development. to support administration and operation of the facility. The facility will also serve as corporate headquarters and training facility for the Seattle Thunderbirds Hockey Team with approximately 11 employees and 12 players. During Hockey games and other large events, as many as 170 will be employed to support the event, including participants, event and permanent staff. f) Statement describing the relationship of The proposed project advances the the proposed development to the city goals of the City of Kent's comprehensive plan. Comprehensive Plan. Specifically, the Events Center advances Goal ED-6— Promote Downtown as the primary center for the concentration of housing, retail and office commerce, and cultural activities in Kent. The Events Center also fulfills the City of Kent's Downtown Strategic Action Plan and Strategic Goal for Kent to become a unique urban SPECIAL USE COMBINING DISTRICT APPLICATION Page 4 of 17 t TAMIGA CENTER at Kent center by creating a regional events, conference, sports, tradeshow facility Tg) Statement including availability of The Director and Deputy Director of the existing or proposed sanitary sewers. Kent Public Works Department have confirmed that sufficient sewer and other utilities exist in the project area to serve the needs of the proposed facility. T 9. Seven (7) copies of detailed site plans, See Site Plans drawn to decimal scale. ALL LARGE MAPS MUST BE FOLDED TO FIT INTO AN 81/7. x 14-INCH ENVELOPE WITH THE APPLICATION NAME OF THE PLAN SHOWING. T a) All Special Use Combining District See Drawings applications must include the following information on the siteplans: 1) Vicinity map clearly showing the location See Vicinity Map of the project with respect to public streets and other parcels and development T See Site Plan and Aerial 2) Property Imes T 3) North arrow and engineering scale See Site Plan ie.i"=20'; not 118"=1' architectural scale 4) King County tax identification number See Vicinity Map 5) Lot dimensions See Site Plan and Aerial 6) All existing and proposed public and See Site Plan T private roads, driveway accesses and road right-of-ways and access easements with dimensions and road names. 7) Such existing or proposed features as See Site, Landscape, Storm Water Plan streams or other bodies of water, rights-of- and Aerial way, easements, and other physical or legal features which may affect or be affected by the proposed development. 8) The location of existing building(s) NA 9) Dimensions of existing building(s) NA 10) Building height and number of stories See Narrative and Elevations T 11) Setback distance from all existing See Site Plans structures to property Imes 12) Areas of future development NA 13) Adjacent uses (undeveloped, single See Vicinity Map family, commercial, etc. 14) Water features or wetlands, including but See Site, Landscape, Storm Water Plan SPECIAL USE COMBINING DISTRICT APPLICATION Page 5 of 17 i AMIGA CENTER at Kent not limited to, lakes, ponds, salt water, year- and Aerial round or seasonal streams, creeks, wet lands, gully or natural drainage way, drainage ditches, etc. 15) Critical areas such as hazard area NA slopes and endangered wildlife habitat 16) The location of proposed building(s) See Site Plan 17) Dimensions of proposed building(s) See Site Plan 18) Proposed building height and number of See Narrative and Elevations stories 19) Types and proposed use of the See Narrative and Floor Plans structures (all uses must be compatible with the proposed use 20) Setback distance from all proposed See Site Plan structures to property lines and other on-site structures 21) Location of proposed parking areas See Site Plan 22) Vehicle loading and unloading areas, See Site Plan & Vehicle Maneuvering including truck loading and maneuvering Diagram area 23) Location of paved areas See Site Plan 24) Location of proposed landscape areas See Landscape Plan include dimensions and area 25) Tentative routing of domestic water lines, See Utility Plan storm drams, sanitary sewers and other utilities, including location of storm water drainage and detention facilities 26) Location of outside storage areas NA include dimensions and area 27) List of all Hazardous materials and See Required Bldg Data in Narrative and waste, the quantities and location on site Location on Plan 28) Existing and proposed fences (specify See Landscape Plan type of fence) 29) Architectural drawings showing all See Elevations existing and proposed budding elevations. 30) Graphic material or evidence to illustrate See Rendering on Cover effect on the view enjoyed by and from other properties in the vicinity 31) Existing and proposed topography at See Site and Utility Plan contour intervals of not more than five (5) feet in areas having slopes exceeding three (3) per-cent, and not more than two (2) feet in areas having slopes of less than three (3) percent 32) Required Building Code data on all See Required Building Code Data in existing and proposed structures Narrative SPECIAL USE COMBINING DISTRICT APPLICATION Page 6 of 17 i AM/GA CENTER at Kent a) Type of construction per UBC See Required Building Code Data in Narrative b) Sprinklered/non-sprinklered See Required Building Code Data in Narrative c) Occupancy classifications per UBC See Required Budding Code Data in Chapter 3 Narrative d) Total lot area (square feet) See Required Building Code Data in Narrative e) Total building area with area breakdown See Required Budding Code Data in by levels 1 st floor, mezzanine, etc Narrative f) Allowable area calculations See Required Budding Code Data in Narrative See Required Budding Code Data in g) Percent of site coverage Narrative h) Area per occupancy (office, See Required Building Code Data in manufacturing, warehouse, retail, etc.) Narrative i) Total number of parking stalls (include See Required Building Code Data in hand i capped) Narrative f) Total square footage of parking and See Required Building Code Data in maneuvering area Narrative k) Total square footage of paved area See Required Budding Code Data in Narrative 1) Square footage of required See Required Building Code Data in Narrative landscaping areas See Required Budding Code Data in Narrative 33) Existing tree survey, drawn to a decimal NA, See Site Plan Notes scale, which must illustrate: a) The precise location of all trees NA that are six (6) inches caliper or greater at three (3) feet above grade (forestry standard), including the location of the drip line of each tree b) The caliper size of each tree NA at three (3) feet above grade (forestry standard) c) The common name of each NA tree (i.e. fir, spruce, maple, alder, etc.) d) Specify which trees are intended NA to be retained or removed with development e) The tree survey must address NA f each tree location in relation to [ all existing and proposed development SPECIAL USE COMBINING DISTRICT APPLICATION Page 7 of 17 AMIGA CENTER at Ker7t on the site including, but not limited to, the following information: (1) Property lines with lot dimensions. NA (2) Proposed and existing building locations. (3) All existing and proposed public and NA private roads, driveway accesses and road right-of-ways and easements (access, utility, stormwater, etc.), with dimensions and road names, including curbs and gutters, sidewalks and/ or edges of pavement- (4) Location of all parking NA areas, vehicle loading and unloading areas, other paved areas, fences, trash dumpsters, out door storage areas, and areas reserved for future development. (5) Location of all utilities, NA stormwater detention facilities and other development requiring tree removal (6) Location of all proposed NA landscape areas (7) Sight distance triangles for all NA driveway locations and across the corners of properties at street intersections. 10 One (1) copy of the site and See Drawings development plans (Section 9 above) at a reduced size of 8'/2 x 11-inch sheets. 11 Seven (7) copies of proposed signs Preliminary Sign Types Being including dimensions, location and type. All Considered are: Building Name on signs permitted in special use combining Building, Sign Over Entry Doors, Building districts shall be incorporated as part of the Marquee Sign (on plaza) developmental plan and approved with the develo mental lan. Subsequent changes which conform to the adopted signing program may be granted by the planning manager. SPECIAL USE COMBINING DISTRICT APPLICATION Page 8 of 17 AMIGA CENTER at Kart NARRATIVE RESPONSES TO DOWNTOWN DESIGN GUIDELINES I. Site Planning A Response to Surrounding Context& Unique Site Features— 1 The Amiga Center at Kent is currently adjacent to 'downtown Kent', however with time and redevelopment efforts it will be an influential civic building within the context of the commercial core. With this in mind,this protect aims to evoke understated elegance and innovative design giving Kent an identity that looks forward Since arenas are iconic and unique, it is counterintuitive to match the massing with the existing context. Therefore the Amiga Center stands alone and is setback 100' from James Street, offering an open and welcoming public plaza for pedestrian use The main entry to the Amiga Center is along this James St. plaza space. This plaza also collects pedestrians arriving from the park-and-ride to the southwest and the Kent Station development to the southeast The east edge of the site is adjacent to residential properties; therefore the parking is setback 18'from the property line Within the setback, dense landscaping and a low fence prohibit the glare of headlights from bothering the residences. Wetland areas exist along the west and north site boundaries The site design scheme will recognize the 40' wetland buffer and will leave those areas unaltered. In addition,the existing trail will remain as a meandering public walkway. B. Relationship to Street Front— The site for the Amiga Center is immediately outside of the Pedestrian Plan Overlay Area, to the north. The design of the site takes its main cue from the importance of James St, as an arterial linking the site back to the civic core. The building set-back from James St. creates a community plaza space at the front door to the facility which also locates the box office for the building. Essentially,the plaza is an extension of the sidewalk which is the common thread that unifies the streetscape. This plaza space would gather arriving pedestrians from a variety of approach angles, and introduce them to the main entry of the facility. The open space creates a safe and legible pedestrian environment with extensive lighting in the ground, along with building and street lighting. This plaza is intended to be well lit and used whether or not an event is occurring. The plaza would be enlivened by the energy of James Street and provide an active forecourt to Amiga Center events This activity would create anticipation for those attending events and those just passing by on Jame:, St. C Siting and Screening Services and Parking Facilities— The surface parking designed to surround the facility will employ a landscaping strategy that helps to conceal expansive parking surfaces and building service elements. The parking is setback 75' off of James Street. Low shrubs will divide the 75' deep forecourts flanking the main plaza in front of the building from the parking. Throughout the site, landscaping strategies will help break up a vast SPECIAL USE COMBINING DISTRICT APPLICATION Page 9 of 17 AMIGA CENTER at Kent "sea of parking"into smaller, more reasonably scaled pods of parking using vertical landscape features as appropriate The building is serviced from the north side and the concept design intends to screen this function by using similar vertical landscape features in combination with architectural screening walls where appropriate. The main mechanical rooftop units are also to be screened on the north end of the building. The screening is integrated with the building design as a continuation of the upper band. D Street Corners— The entire plaza forecourt serves as a highly visible location where events can spill out to the street edge During events such as trade shows, graduation, concerts, etc , kiosks and carts can be placed in the plaza to activate pedestrian usage E Site Design for Safety— Pedestrian way finding is clearly legible from the parking lot to the building with the use of islands filled with large ballast rocks that separate car and pedestrian travel routes. In addition, the islands are lit with vertical light posts focusing on the pedestrian route The open plaza off of James Street allows visual transparency into the site,therefore there are no dark dead-end spaces on this site. The building is also transparent at the base with a reflective soffit that mirrors activity on the ground plane The reflection acts as its own surveillance for the building which deters any unwanted activity. With the e<ception of tall trees at the parking lot islands,the landscaping is low, thus allowing visibility into the site providing `eyes on the street'. F. Residential Open Space (applies only to DC and DCE zones)—NA G Pedestrian Access— The main entrance plaza to the building along James is conceived as a collector plaza. Its size is adequate to accommodate folks coming from the nearby park and nde, downtown Kent, and Kent Station. This main entry along the south side is conceived of as a transparent screen, allowing users a clear visual connection into the facility The clear visual relationship between the plaza and entrance doors makes for an efficient way finding scheme Two similar access points would also occur along the buildings east and west side, at approximately the seating bowl's midpoint.The"block"on which the building sets would offer 14 ft. public access walks around the entire facility, except at the loading dock areas and areas of heightened security From the parking lot, pedestrians can travel along the islands made of ballast rocks, separating them from vehicular circulation The islands will be well lit and lead the flow of pedestrians to the entry points. SPECIAL USE COMBINING DISTRICT APPLICATION Page 10 of 17 1 AMIGA CENTER at Kent H Pedestrian Amenities— Once again the public plaza will serve as a gathering space and an extension of events in the building. The plaza will be made of linear ground lighting and concrete with a dusting of glass creating a sparkle effect This will emphasize a dynamic space for pedestrian usage which will also include benches, bicycle racks,sculpture and low height landscaping. In addition, the building creates a deep continuous 1 W overhang that wraps from the west entrance to the east entrance. This creates the reflective soffit which is a unique feature that also protects pedestrians from rain,who wi;l be queuing at the box office, common entrances and VIP entrance. II. Landscape Concept & Site Design A. Landscape Concept The Plaza links the urban street edge to the interior of the Center. A curbside drop-off and bus stop engage the street, as do continuations of the urban street tree grid The plaza surface of scored concrete includes inlaid textures, these patterns in the pavement pass through the Center's glass fagade to emphasize the continuity of outdoor and indoor spaces. Pedestrian amenities include clustered bench seating, event promotion and informational loss, landscape planters, and significant night lighting. Program Elements Pedestrian plaza of scored, patterned pavement Bench seating and informational kiosks Landscape planters Plaza lighting creating a distinctive nighttime appearance B. Parking Lot Landscaping Rhythmic plantings of closely-spaced native trees on beds at the ends of rock- lopped infiltration strips recall the grid of agricultural fields and windbreaks.At West James Street, site parking is pulled back and screened to reduce impact on streetscape. I Program Elements Planting native tree species Shading parking from summer sun III. Building Design tA. Budding Concept The main concept of the design of the Amiga Center is that of a large welcoming ya soffit that greets building users from the main pedestrian plaza and guides them into the facility.This building element reflects the life and vibrancy of the Center's SPECIAL USE COMBINING DISTRICT APPLICATION Page 11 of17 AMIGA CENTER at Kent activity and creates and allows the experience of the event to be visually reflected to the community, a civic event. B. Human Scale and Pedestrian Orientation The main tagade of the Amiga Center engages the pedestrian plaza along James St This gathering space is designed with pedestrian scaled landscaped features. These features help guide users of the facility to three "primary"points, The Main Entry,the Box Office, and the VIP Entry. Each of these main access points will be architecturally extenuated from afar, and offer covering by using architectural canopies Decorative light fixtures will be designed around these three primary points to help provide clear and efficient way finding. C. Architectural Scale t As in most facilities of this nature,the use of unique architectural materials will help lead building users to the main access points.The buildings"big idea" is to be supported by smaller design elements in the plaza itself, elements at a pedestrian scale such as lighting, seating areas, etc The vocabulary of these elements will evolve into secondary scaled elements at the building edge itself, such as overhead canopies, guardrails,and signage. These architectural scaled features will work in concert to not only make the budding more tactile and inviting to the users, but to also break up its overall scale D. Building Details& Elements The experience of getting closer to the building will reveal the detail of the reflective soffit showing seams and fasteners that line up with the window wail system below. At each entrance a graphic canopy with demarcate their hierarchy and the soffit will reflect the canopy outward. The upper fascia above the reflective soffit will be more subtle than the base of the building in its articulation of opacity and transparency The surface will create depth and shadow by alternating the plane in which the surface and windows are placed. E Materials&Colors An event center is not a typical typology that lends itself to masonry materials such as brick and stone To accentuate the honestly of the structure which is built from structural steel and a pre-cast concrete seating bowl, the base is transparent which allows the event to be viewed from the street_ The warmth of the building comes from interior lighting The underside of the seating bowl will be uplit with soft tones. The reflective soffit is clad with stainless steel which gives the illusion that the concourse level is taller than it is Starless steel is a sophisticated and durable material that will require little maintenance. F. Blank Walls This building does not have any blank walls facing the street. SPECIAL USE COMBINING DISTRICT APPLICATION Page 12 of 17 AMIGA CENTER at Kent REQUIRED BUILDING CODE DATA Building Code Summary 2003Washington State Building Code (WSBC),as amended. The WSBC is an amended version of the 2003 International Building Code (IBC)®as promulgated by the Internatioral Code Council, ' Falls Church,Virginia. The State of Washington has adopted an amended version of the 2006 IBC that will become effective on July 1, 2007 Fire District The building is served by the City of Kent Fire Department- However, it is not within a Fire District where use and occupancy is restricted IHigh Rise The building is not classified as a high rise building. The highest floor level is not more than 75 feel above the lowest level of access by the Kent Fire Department. Zoning The site is currently zoned M-1. Atrium The Building does not contain an atrium as defined in IBC Section 404. Occupancy Group A-4 (IBC Section 303.1) Assembly uses intended for participation in or viewing of indoor sporting events and activities with spectator seating including, but not limited to Arenas Skating Rinks Swimming Pools Tennis Courts Assembly uses also include banquet (Group A-2), concerts(Group A-1)and exhibit and trade shows (Group A-3) Group M Mercantile. Group Office GroupS Storage Building Construction Type: I-B Groups A-1, A-2, A-3 A-4, B, M and S of Type I -B construction area permitted unlimited area per IBC Table 503 SPECIAL USE COMBINING DISTRICT APPLICATION Page 13 of 17 AMIGA CENTER at Kent Number of Stories Project is two Stories. Table 503 permits a total of 11 stories for a building of Type 1-6 construction. A 12"story is permitted since the budding is spnnklered Building Height Basic allowable budding height—160 feet Increase for sprinklers—20 feet Total allowable budding height— 180 feet Fire Resistive Rated Construction Requirements Structural Frame—2 hours Floors—2 hours Shafts (elevator)—2 hour(2 hour shafts must be supported by 2 hour rated construction) Roof— 1 hour Roofs more than 20 feet above the floor may be non rated, nonccmbustible construction. The City of Kent has indicated they will accept the roof over the seating bowl and arena floor being non rated if those areas of the roof that are less than 20 feet above the floor are provided with sprinkler protection based upon Ordinary Hazard. Boiler Room—1 hour Ice Plant— 1 hour Chillers— Roof mounted, open to outside Automatic Sprinklers The building will be protected throughout with a supervised, hydraulically calculated sprinkler system Preliminary water supply information indicates a fire pump will not be required to supply the sprinkler systems. The City of Kent has indicated they will consider approving deletion of sprinkler protection above the event floor and above the seats when the clear di=_tance to the underside of structure is at least 20 feet. Additional details are found in the Mechanical section of this report. Standpipes The building will be provided with standpipes as required by the Kent Fire Department. Preliminary water supply information indicates that the standpipes will need to be supplemented by the Fire Department through the fire department connection in order to achieve the required flows and pressure Additional details are found in the Mechanical section of this report. Fire Alarm System A fire alarm system is required to monitor the sprinkler system and provide smoke detectors where required. -An audible voice fire alarm system is required for emergency notification with visual strobes for the hearing impaired Additional information is provided in the Electrical section of this report. SPECIAL USE COMBINING DISTRICT APPLICATION Page 14of17 f 1 "IGA CENTER at Kent Occupant Load Factors Seating Bowl-Fixed Seats Event Floor(concerts)-7 square feet per person Office- 100 square feet per person Retail (Team Shop)-30 square feet per person Storage- 300 square feet per person Mechanical, telephone and electrical rooms-300 square feet per person Conference rooms accessory to offices- 15 square feet per person Number of Exits Required 0 to 500 persons-2 exits 500 to 1,000 persons-3 exits More than 1,000 persons-4 exits Exit Travel Distance 250 feet in sprinklered budding Exit Separation Exits must be separated by a minimum of one-third of the overall diagonal dimension of the space in sprinklered buildings. Common Path of Travel Group B and S- 100 feet in sprinklered buildings Other-75 feet Exit Capacity (non-arena spaces) Stairs-0.30 inches per person(40 persons per foot) Doors-0.20 inches per person(60 persons per foot) Ramps-0 20 inches per person(60 persons per foot) See the table at the end of this code outline for a summary of the differences between smoke protected assembly seating and non smoke protected for a total capacity of 7,510 persons Stair Configuration IMinimum tread width- 11 inches Maximum riser height-7 inches fMinimum stair width-44 inches Minimum Clear Height Minimum clear height within the path of egress travel is 7 feet 6 inches except at doorways where 6'-8" is allowed and in stair runs where 6'-8" is allowed AMIGA CENTER at Kent ' Handrails r All stairways and stepped aisles require handrails. Stepped aisles may be provided with a single handrail in the middle of the stepped aisle provided cross over breaks are provided at least every five rows. Black Out Curtains The Center will host matinees and other events where a black out condition is needed within the seating bowl It is proposed to utilize curtains to control the light through the vomitories. This approach is being reviewed by the City of Kent. The curtains will normally be pocketed out of the means of egress for most events. Ushers will be stationed at each vomitory when the use of the curtains is required. Elevator Lobbies Elevator lobbies are not required under the 2003 SBC Provisions in the 2006 IBC apply to buildings four or more stories in height. Areas of Rescue Assistance Areas of rescue assistance are not required under the 2003 SBC. Provisions of the 2006 IBC apply to buildings four or more stones in height Floor Openings Floor openings, other than hoistways and concealed penetrations, are not required to be ' protected Construction that supports the two hour fire resistive rated hoistway exit must be two hour fire resistive rated Smoke Control Mechanical smoke control is proposed for the arena bowl and concourses as required by Chapter 10 for smoke protected assembly seating. . Smoke protected assembly seating will require approximately 150,000 cfm of exhaust from the bowl and 25,000 cfm of exhaust from each comer of the concourse. The 2003 IBC requires the calculations utilized to determine the smoke exhaust quantities maintain the smoke layer at least 10 feet above the highest floor. The 2006 IBC reduces the height to 6 feet_ The 2006 code would result in less smoke exhaust. Stairs do not require pressurization. The hoistways will not opening into fire resistive rated corridors and will not be pressurized A three story atrium that requires smoke control will not be required Additional details regarding the smoke control systems are found in bath the Mechanical and Electrical sections of this report. Emergency Power Emergency power will be provided for the fire alarm system, exit signs,and emergency exit pathway lighting, and the smoke control (if provide) Emergency power will be from an emergency generator Additional details regarding the emergency generator are found in the Electrical section of this report SPECIAL USE COMBINING DISTRICT APPLICATION Page 16 of 17 AMIGA CENTER at Kent Exit Signs Exit signs will be provide where required. It is proposed that exit signs are not required over individual vomitories as permitted by Section 1011 1 exception 5. Exit signs will oe connected to the emergency generator. Emergency Lighting Emergency lighting will be provided in the means of egress as required. Emergency lighting will be connected to the emergency generator as discussed in the Electrical section of this report. Vomitory Transitions The proposed vomitory transitions have been submitted to the City of Kent and have been preliminarily approved subject to final details and dimensions. Hazardous Materials The hazardous materials in this project consist of Ammonia (for the ice making plant) &possibly Propane fuel (for the Zamboni's). The Ammonia is in the Refrigeration Room (see floor plan for location) and the quantity is approximately 1,200 lbs. If the Zamboni's&forklifts are propane fueled, the storage of tanks will be on the exterior to the building adjacent to the loading dock. Re-filling of tanks will be off-site by a contracted provider. 1 Additional Project Data Total Lot Area(within property Imes) 764,121 sqft I Total Building Area 153,000 gsf First Floor(event/concourse/back of house level) 133,000 gsf Second Floor(suite /club level) 20,000 gsf Percentage of Site Coverage 528,702 sqft(bldg,parking,plaza) =69% Total Number of Parking Stalls (including hndcp) 850 stalls Area Per Occupancy This is a multi-event center facility, so this will be subject to change based on event. The following area breakdown identifies key areas: 61,000 sqft-Spectator Spaces 18,000 sqft—Event Floor 10,000 sqft—Team Spaces 15,000 sqft—Food Service/Retail 6,000 sqft—Admin Office 43,000 sqft—Bldg Support Total Square Footage of Parking and Maneuvering Area 335,374 sqft Total Square Footage of Paved Area 388,149 sqft (parking, maneuvering & plaza) Square Footage of Required Landscape Areas 33,537 sqft SPECIAL USE COMBINING DISTRICT APPLICATION Page 17 of 17 r' f= _ ,F F raN A {p ,.s q(4Yy� �n 4 �r F rF k:,q Kent City Council Meeting Date June 19, 2007 Category Bids 1. SUBJECT: EAST HILL OPERATIONS CENTER SITE GRADING 2. SUMMARY STATEMENT: The bid opening for this project was held on June 6, 2007, with seven bids received. The low bid was submitted by Scarsella Brothers, Inc. in the amount of$938,543.22. The Engineer's estimate was $1,010,918.70. 3. EXHIBITS: Public Works memorandum j4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember "t", moves, Councilmember &I in-tY1 seconds to award the contract on the East Hill Operations Center Grade and Fill Project to Scarsella Brothers, Inc., in the amount of$938,543.22 and authorize the Mayor to sign all necessary documents. ' DISCUSSION: �42 ACTION: 1/1 C- Council Agenda Item No. 8A r PUBLIC WORKS DEPARTMENT ' Larry R. Blanchard. Public Works Director Address: 220 Fourth Avenue S. K E N T Kent, WA 98032-5895 WA5NINGTON Phone. 253-856-5500 Fax: 253-856-6500 r DATE: June 11, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: BID - East Hill Operations Center Grade and Fill Project #07-3002 ' Bid opening for this project was held on June 06, 2007 with seven bids received. The low bid was submitted by Scarsella Brothers, Inc. in the amount of $ 938,543.22. The Engineer's estimate was $ 1,010,918.70. The Public Works Director recommends awarding this contract to Scarsella Brothers, Inc. 1 Bid Summary Scarsella Brothers, Inc $ 938,543.22 Pivetta Brothers Construction $ 982,868.79 Rodarte construction, Inc. $1,001,498.85 McCann Construction $1,028,934.87 Wagner Development $1,038,804.46 Gary Merlino Construction Company, Inc. $1,347,256.35 A-1 Landscaping and Construction, Inc. $2,232,744 03 i 1 Engineer's Estimate $1,010,918.70 Kent City Council Meeting Date June 19, 2007 Category Bids 1. SUBJECT: LAKE MERIDIAN OUTLET WATER MAIN AND SANITARY SEWER RELOCATION 2. SUMMARY STATEMENT: The bid opening for this project was held on June 12, 2007, with one bid received. The low bid was submitted by Marine Vacuum Services in the amount of$89,962.29. The Engineer's estimate was $81,740.34. 3. EXHIBITS: Public Works memorandum t4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount$ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: /I '' Councilmember �lG-m� moves, Councilmember �, a nv0--✓1 seconds Ito award the contract on the Lake Meridian Water & Sanitary Sewer Relocation project to Marine Vacuum Services in the amount of$89,962.29 and authorize the Mayor to sign all necessary documents. DISCUSSION: ACTION: —' Council Agenda Item No. 813 1 PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director Address: 220 Fourth Avenue S. KENT Kent, WA. 98032-5895 W A 5 H I N G T O N Phone. 253-856-5500 Fax: 253-856-6500 DATE: June 12, 2007 TO: Mayor Cooke and Kent City Council ' FROM: Larry Blanchard, Public Works Director RE: BID - Lake Meridian Outlet Water Main & Sanitary Sewer Relocation Bid opening for this project was held on June 12, 2007 with one bid received. The low bid was submitted by Marine Vacuum Services in the amount of $89,962 29 The Engineer's estimate was $81,740 34. The Public Works Director recommends awarding this contract to Marine Vacuum Services. Bid Summary Marine Vacuum Services $ 89,962.29 ' Engineer's Estimate $81,740.34 Kent City Council Meeting Date June 19, 2007 Category Bids 1. SUBJECT: UPPER MERIDIAN VALLEY CREEK CULVERT REPLACEMENT AT SE 234TH STREET 2. SUMMARY STATEMENT: The bid opening for this project was held on June 12, 2007, with five bids received. The low bid was submitted by Pivetta Brothers in the amount of$332,811.47. The Engineer's estimate was $ 315,562.26. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember 4Lt,L IK4'YA seconds to award the contract on the Upper Meridian Valley Creek Culvert Replacement at SE 234th Street to Pivetta Brothers in the amount of$332,811.47 and authorize the Mayor to sign all necessary documents DISCUSSION: Tc EACTION: G Council Agenda Item No. 8C PUBLIC WORKS DEPARTMENT Larry R. Blanchard Public Works Director Address: 220 Fourth Avenue S. KEN T Kent, WA 98032-5895 Cw WASHING70N Phone- 253-856-5500 Fax 253-856-6500 DATE: June 12, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: BID - Upper Meridian Valley Creek Culvert Replacement @ SE 234th Street Bid opening for this project was held on June 12 2007 with five bids received. The low bid was submitted by Pivetta Brothers Construction in the amount of $332,811.47. The Engineer's estimate was $315,562.26. The Public Works Director recommends awarding this contract to Pivetta Brothers Construction. Bid Summary Pivetta Brothers Construction $332,811.47 Tri-State Construction $380,036.50 Thompson Brothers Excavating $394,022.14 Rodarte Construction $446,336.46 Westwater Construction $631,790.98 Engineer's Estimate $315,562.26 i Kent City Council Meeting Date June 19, 2007 Category Bids 1. SUBJECT: 2007 ASPHALT OVERLAYS 2. SUMMARY STATEMENT: The bid opening for this project was held on June 12, 2007, with four bids received. The low bid was submitted by Icon Materials in the ' amount of$ 1,614,933.20. The Engineer's estimate was $1,840,301.90. i 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Director ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember k 6_X, L, moves, Councilmember ( j &,try-U'r' seconds to award the contract on the 2007 Asphalt Overlays to Icon Materials in the Amount of $1,614,933.20 and authorize the Mayor to sign all necessary documents. DISCUSSION: ACTION: ' Council Agenda Item No. 8D PUBLIC WORKS DEPARTMENT ' Larry R. Blanchard. Public Works Director Address, 220 Fourth Avenue S. KENT Kent, WA 98032-5895 ' WASHINGTON Phone. 253-856-5500 Fax: 253-856-6500 ' DATE: June 12, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: BID - 2007 Asphalt Overlays Bid opening for this project was held on June 12, 2007 with four bids received. The low bid was submitted by Icon Materials in the amount of $1,614,933.20. The Engineer's estimate was $1,840,301.90. The Public Works Director recommends awarding this contract to Icon Materials. ' Bid Summary Icon Materials $1,614,933.20 Lakeside Industries $1,814.592.50 ' Woodworth & Company $1,840,837.10 Western Asphalt $2,045,611.02 ' Engineer's Estimate $1,840,301.90 ' Kent City Council Meeting Date June 19, 2007 Category Bids ' 1. SUBJECT: 2007 WATER MAIN REPLACEMENT ' 2. SUMMARY STATEMENT: The bid opening for this project was held on June 12, 2007, with one bid received. The low bid was submitted by Reed Trucking & Excavating in the amount of S235,920 14. The Engineer's estimate was S230,395.44. ' 3. EXHIBITS: Public Works memorandum ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION:Councilmember G-t moves, Councilmember da'l 1VU4-Y1 seconds to award the contract on the 2007 Water Main Replacements to Reed Trucking & ' Excavating in the amount of$235,920.14 and authorize the Mayor to sign all necessary documents. ' DISCUSSION: VIJO ACTION: ��.. ' Council Agenda ' Item No. 8E PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director Address 220 Fourth Avenue S. KEN T Kent, WA. 98032-5895 WASNINGTON Phone. 253-856-5500 Fax. 253-856-6500 ' DATE: June 12, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: BID - 2007 Water Main Replacement Bid opening for this project was held on June 12 2007 with one bid received. The low bid was submitted by Reed Trucking & Excavating in the amount of $235,920.14. The Engineer's estimate was $230,395.44. The Public Works Director recommends awarding this contract to Reed Trucking & Excavating. Bid Summary Reed Trucking & Excavating $235,920.14 Engineer's Estimate $230,395.44 Kent City Council Meeting Date June 19, 2007 Category Bids 1. SUBJECT: LAKE MERIDIAN BOAT LAUNCH IMPROVEMENTS —AWARD 2. SUMMARY STATEMENT: The bid opening was held on Tuesday, June 12, 2007, with two (2) bids received. The apparent low bid was submitted by Quigg Bros., Inc. for the amount of$304,721 00, excluding Washington State Sales Tax (WSST). The Engineer's estimate is $266,000.00, excluding WSST. Staff recommends authorization for the Mayor to enter into an agreement with Quigg Bros., Inc for the amount of$331,841.17, including Washington State Sales Tax (WSST), to complete the Lake Meridian Boat Launch Project. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember 1JS,11kWiA seconds to authorize the Mayor to sign all documents for the Lake Meridian Boat Launch project and to enter into an agreement with Quigg Bros., Inc. for the amount of $304,721.00, plus Washington State Sales Tax. DISCUSSION: IAX, ,) ACTION: PIC Council Agenda Item No. 8F A • KENT WASHINGTON BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT: PR 07 04 NAME: Lake Meridian Boat Launch Improvements DATE: June 12, 2007 DUE: 10:00 a.m. OPENED: 10:15 a.m. Bidder: Total Lump Sum Bid: in dollars 1. Quigg Bros., Inc $ 304,721.00 2. Marine - Vacuum Service $ 350,525.00 CONSULTANT ESTIMATE: $266,000.00 2 bids were received for this project and opened. The apparent low bidder is Ouigg Bros.. Inc for $ 304,721.00 plus applicable Washington State sales tax. Staff will review the bid documents and verify references. Kent City Council is expected to award the bid on Tuesday June 19, 2007. Questions may be directed to Shane Gilbertson, project manager, at (253) 856-5115. REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE IE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 j KENT Wws Hiworow OPERATIONS COMMITTEE MINUTES MAY 15, 2007 Committee Members Present: Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:05 p.m. 1. APPROVAL OF MINUTES DATED MAY 1, 2007 Deborah Ranniger moved to approve the minutes of the May 1, 2007, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED APRIL 30, 2007 Assistant Finance Director Cliff Craig presented the vouchers for April 30, 2007, for approval. Debbie Raplee moved to approve the vouchers dated April 30, 2007. Deborah Ranniger seconded the motion, which passed 3-0. 3. 2007 EMERGENCY MEDICAL SERVICE LEVY Fire Chief Jim Schneider advised regarding the 2007 Emergency Medical Service Levy. Chief Schneider advised that currently, every six (6) years the public needs to re-authorize the Emergency Medical Services/Medic I Levy. Cities of 50,000 or greater in population must authorize the County to put the EMS Levy on the ballot for the November 2007 election The Levy would raise $605 million over six years, beginning in 2008. The cost to property owners, if I approved by the voters, is .30 cents for each $1,000 of assessed valuation, or $90 on a $300,000 home annually. The EMS Levy planning process committee, included Councilmember Tim Clark as a voting member, completed its work in November 2006, and recommended sending a 6 year, .30 cent EMS levy to the voters at the 2007 general election. As with the current levy, basic life support agencies (the City of Kent) will receive some funding from the levy. The projected 2008 funding allocation for the City of Kent is $1,208,076; this is a 55.9% increase over the actual allocation of $775,056 for the year 2007. Deborah Ranninger moved Council adopt the proposed resolution supporting a county- wide 2008-2013 Medic One/Emergency Medical Services (EMS) Levy. Debbie Raple seconded the motion, which passed 3-0. 4. LODGING TAX ADVISORY BOARD APPOINTMENT Economics Development Manager Kurt Hanson presented the Lodging Tax Advisory Board Appointment. Mr. Hanson recommended that Ryan Noel of TownePlace Suites be appointed to the Board. Mr. Noel would fill a vacant position and his term would expire on December 31, 2009. Debbie Raplee moved to recommend to approve the appointment of Ryan Noel to the Lodging Tax Advisory Board. Deborah Ranniger seconded the motion, which passed 3- 0. Operations Committee Minutes 2 May 15, 2007 Page: 2 The meeting was adjourned at 4:29 p.m. Renee Cameron Operations Committee Secretary r City of Kent Parks and Human Services Committee Meeting Minutes '�� ICCNT April 19, 2007 Call to Order: Debbie Ranniger called the meeting to order at 5:05 p.m. Council Present: Chair Debbie Ranniger, Debbie Raplee, Ron Harmon sitting in for Bob O'Brien Debbie Ranniger inquired as to whether there were any changes or additions to the agenda There were none. Item #1: Minutes of March 15, 2007 —Approve Motion: Debbie Raplee moved to approve the minutes of March 15, 2007. Ron Harmon seconded and the motion carried 3-0. Item #2: Proposed King County Parks Levy— Informational Mayor Suzette Cooke presented a summary sheet from King County Executive Ron Sims regarding a parks levy recommendation. There are two companion levies being placed on the August 21, 2007 primary ballot: five cents for King County Parks preservation, restoration and renewal of the existing levy and five cents for an expansion levy tMayor Cooke also shared that Suburban Cities Association took a position on the two levies last Wednesday. They voted to support the continuation of the I existing levy for maintenance of regional parks and trails, but voted to oppose the expansion levy. The reason for their opposition is that King County initially indicated it would look for alternative ways to fund maintenance of its existing facilities and while some changes have been made in how dollars are generated, the need to renew the existing levy indicates that the County has not yet achieved that goal. If it is unable to adequately care for parks currently in its possession, the County will be unable to care for any new parks it hopes to purchase. Debbie Ranniger expressed her concurrence with that opinion and reminded the Committee that four years ago King County offloaded a swimming pool to the City of Kent due to its inability to afford the maintenance. tRon Harmon also concurred with this opinion and advised that recently, various cities have annexed areas of King County, to include the parks within those areas. These cities are now responsible for maintaining those parks as well and 2 are therefore assuming more of the responsibility that previously was held by the County. Committee member, Debbie Raplee, also agreed with these concerns and inquired as to the method by which King County manages its parks, whether exclusively through levies, or whether there is a parks budget that is used in addition to levies. Mayor Cooke responded with her understanding that King County does have a very small budget that maintains a core group of staff, but that most of its costs for maintenance come through levies and a few other revenue generators, such as the ability of private enterprise to purchase advertising within the parks and/or concession sales. While the County has been quite successful in obtaining revenue from these additional sources, it is not able to maintain the level necessary for maintenance without the support of a levy. Due to the informative nature of this agenda item, Council Chair, Debbie Ranniger, inquired as to whether or not Suburban Cities Association expected the Committee to take a position and forward this to City Council for a vote. Mayor Cooke indicated that Suburban Cities Association has already taken a vote and that it would be beneficial to the King County Council if the City of Kent were to take a position Debbie Raplee decided a motion was in order and Ron Harmon concurred that it should be forwarded on to Council for resolution. Motion: Debbie Raplee moved to recommend authorizing the Mayor to adopt a resolution to be presented to King County in support of the five cent maintenance levy for King County Parks, and in opposition of the expansion levy. Ron Harmon seconded and the motion carried 3-0. Item #3: Sole Source Purchase with Yamaha Motor Corporation, U.S.A. - Authorize Pete Petersen, Superintendent and General Manager of Riverbend Golf Course shared with the Committee the need for Riverbend to lease 24 additional golf carts Currently, the golf course has 50 golf carts. During the busy season, or when tournament groups are present, additional carts have to be rented from outside vendors_ In the past, NW Yamaha has been able to rent carts at the rate of $25/day, however, they have a very limited fleet so scheduling those carts can be problematic An additional source used in the past was Scott Alexander; however, he has had to raise his rates from $35/day to $42/day. 3 If Riverbend enters into a lease agreement similar to the one it currently has it will be able to acquire golf carts for 12 months for approximately $17,7581year. That would also allow the golf course to earn extra revenue during busy times. For example, currently if there is a tournament scheduled for 11:00 that requires 40 carts, those carts must be set aside, preventing customers that play prior to 11-00 from renting carts, therefore causing a loss of revenue. Additionally, when carts are rented from an outside vendor, those costs are passed directly to the tournament groups. At $42 per cart Riverbend has been priced us out of some of the tournaments. Based on the last two years, Riverbend currently has budgeted $13,160 for outside cart rentals for this year. Due to the number of tournaments already booked (32 firm dates, 7 pending) the golf course is anticipating almost double that amount. Originally, when approaching Parks Director, Jeff Watling, Riverbend was looking at leasing carts for a five month period at approximately $18,000. NW Yamaha indicated that it would be better to get 24 more carts for a 48 month period because overall the cost would be lower. Councilmember Ron Harmon inquired as to whether or not there was an option to buy at the end of the lease? Pete Petersen responded that typically the golf course goes with an operating lease due to the amount of usage the carts get. f Debbie Raplee inquired as to who performs the maintenance if carts are leased? ■ Pete indicated that the carts are covered under warranty for the first two years; however, the golf course typically does the maintenance as maintenance costs are pretty low. Motion: Ron Harmon moved to recommend authorizing the Mayor to sign the four-year agreement with Yamaha Motor Corporation, U.S.A. in the amount of $71,032.32 for the lease of 24 golf cars, upon approval by the City Attorney. Debbie Raplee seconded and the motion carried 3-0. Item #4: Riverview Park Art Proposal Agreement - Authorize Cheryl dos Remedios, Visual Arts Coordinator, presented the Committee with a contract between the City of Kent and artists Judith and Daniel Caldwell, on which contract the Mayor's signature is requested. The contract proposal has already been approved both by a review panel which included Council President, Debbie Ranniger as well as Arts Commissioner Linda Denny, two design 4 professionals and the project manager on this particular park. This project is also part of the 2007 5-year City Art Plan. There are several things that both the selection committee and the Arts Commission appreciated about this artists' design First is its link to Riverview Park The artwork will be bronze inlays in the paving area at the park and each of the bronze inlays will show a bug bubble, depicting the water quality within the Green River. Therefore, it is about the Green River habitat, the salmon and the specific location of Riverview Park and its access to the River. Second, the educational component is appreciated There exists a huge potential for the Arts Commission to partner with the Kent School District in that this type of bronze artwork is great for having younger students do rubbings of the artwork. Also, as indicated previously, the images depicted relate to the water quality and whether or not a bug is able to live or die when dropped into the water, which includes a scientific element as well Third, is the high quality of craftsmanship involved. Judith and Daniel Caldwell have spent years developing the ability to make each one of these bronze inlays unique, so instead of a manufacturing process where you get forty of the same item, each of their inlays is unique and displays the diversity in the art. Debbie Ranniger added that the bronze bubbles being inlayed will also be in j clusters around the picnic area and then scattered along the pathway leading down toward the river. This brings some movement to the bubbles so that children on a field trip can explore and discover them and also do rubbings, while learning about the different bugs and habitats. Ron Harmon inquired as to whether or not these types of bronze castings will hold up well under foot traffic. Cheryl dos Remedios explained that they hold up extremely well. The Caldwells have done installations of this type nationally and one of their locations happens to be at SeaTac airport. There is a concourse at the airport wherein a variety of bronze fish are inlayed into the floor and of course, that is a very heavily trafficked area. Ron Harmon commented that he has had an opportunity to follow those down the concourse and they have indeed held up well. Cheryl also added that the Caldwell's studio is local and that they do their own fabrication which allows the quality of the design to pass all the way through the project. Motion: Debbie Raplee moved to recommend authorizing the Mayor to sign the agreement with Judith and Daniel Caldwell for the Riverview Park Art Proposal in the amount of $27,000.00, upon approval by the City Attorney. Ron Harmon seconded and the motion carried 3-0. 5 Item #5 Kent Aquatic & Recreation Facility Contract Amendment - Approve: Lori Hogan, Recreation Superintendent, shared her excitement about the i proposed Kent Aquatic & Recreation Facility. She noted that the City of Kent ■ currently has a contract with Barker Rinker Seacat to begin the design process for this facility and to move forward with public input in the hopes that the public will become engaged and supportive, hopefully leading to our own aquatic center within a couple of years. rIn the process of doing the work, it has become obvious that two items need to be added to the existing contract. Kent Parks & Recreation is asking approval to amend the contract to allow for some site survey work to be done by Dowl Engineering and to provide for a 2,000 person mail survey to be completed by Leisure Vision. This survey will allow the public to provide feedback on the proposed facility and this particular amendment to the contract will fund those two items. Debbie Ranniger advised that this is not part of any King County levy and that the City of Kent will be going out with its own bond issue some time in 2008, at which time the public will have an opportunity to vote. The survey is critical in polling the public to ascertain what things they most want in an aquatics recreation facility and to ensure that we will meet those needs when planning programmatic elements. Ron Harmon inquired as to how many people would be surveyed. Lori Hogan indicated that the survey would be mailed to 2,000 homes, disbursed evenly throughout Kent's West Hill, Valley and East Hill. In order for the survey to be statistically valid, Leisure Vision needs a return of 400. If there are less than 400 returned, the consultant will follow up with telephone calls. Debbie Raplee informed citizens that there will be a public meeting next Wed at 6:00 at Senior Center Residents are encouraged to come. Motion: Ron Harmon moved to recommend approving the Kent Aquatic & I Recreation Facility contract amendment, upon approval by the City Attorney. Debbie Raplee seconded and the motion carried 3-0. Item #6: 2007 First Quarter Fee-in-Lieu Funds - Accept and Amend Budget Lori Flemm, Superintendent of Parks & Open Space informed the Committee that between January and March 2007, the City of Kent received a total of $224,257 50 from seven developers who paid a fee in lieu of dedicating open space within their single family subdivisions. Ordinance 2975 requires 6 developers to either dedicate 5% of land within the subdivision for open space or pay a fee to the City in lieu of dedicating that open space Those fees are used on projects identified within the City's 5-year capital facilities program to either acquire land or to increase the development of existing park land that may be undeveloped. Fees received this quarter were as follows: • Seven Oaks Park Budget: $15,750.00 for Highlands Estate South development • Seven Oaks Park Budget: $21,000.00 for Mulder development • Service Club Park Budget: $51,765.00 for Park View development • East Hill Skate Park Budget: $82,275.00 for Pfaff development • Wilson Playfields Budget: $16,875.00 for Bishop's Landing development • Turnkey Park Budget: $30,450.00 for Murray development • Tudor Square Park Budget- $6,142.50 for Hutchinson Landing development Motion: Debbie Raplee Moved to recommend accepting $224,257.50 in fee- in-lieu funds for the first quarter of 2007, and authorizing the expenditure of funds in the Seven Oaks Park, Service Club Park, East Hill Skate Park, Wilson Playfields, Turnkey Park and Tudor Square Park budgets. Ron Harmon seconded and the motion carried 3-0. Item #7: Amended Street Tree List -Approve Certified arborists in the City of Kent Street Tree Program are recommending that The Approved Street Tree List be amended to include trees that will thrive in City rain gardens" and bio-swales. The City of Kent is currently encouraging subdivisions to look at alternative treatment and storm drainage retention measures and bioswales are one option that the city is promoting and encouraging developers to use. Because these areas hold water for percolation into the grounds, the City is asking that trees that will thrive under wet conditions be included. Every five years, City staff review the Approved Street Tree list for trees that are posing problems to the infrastructure, attracting pests and/or are prone to disease and propose revisions for Council's consideration. There are seven new trees that are proposed for this list. 1 Gray Birch — this is proposed for planting under power lines and grows no higher than 30 feet tall with a width of about 25 feet. 2. Cockspur Hawthorn — this tree has very nice spring flowers and great berries in the fall It is proposed for planting under power lines and gets to a height of 25 feet with a spread of 25 feet. 3. Sweet Bay Magnolia —this tree is also proposed for under power lines. It only gets to a height of about 20 feet but has a beautiful fragrant white t 7 flower in spring. It is typically more spreading and rounded than the other two species. 4. Black Tupelo — this tree has a beautiful red fall color and can be used in situations where no power lines or overhead utility Imes exist. 5. Freeman Maple —this tree is more of a rusty red color and gets to be about 40 feet tall with a spread of 30 feet. 6. "Patmore" Green Ash —this tree gets to a height of approximately 60' in ideal conditions, but will most often reach 40' -50' with a spread of 40'. 7. Bald.Cypress—this is an evergreen that drops its needles. It thrives in wet conditions and reaches a height of 60' In addition to the seven new trees proposed, there were some trees already on the existing list which will also thrive in bioswale conditions the Washington Hawthorn and the American Hornbeam for underneath power Imes, and the Armstrong Maple and the American Hophornbeam for areas where power lines do not exist. The last time the street tree list was amended was May 19, 2004. Debbie Ranniger commented that having been a former nursery owner, one of the challenges faced was having communities pick trees that were not readily available and put them on their street tree list. She inquired as to whether or not there was research done prior to choosing these trees to determine their relative availability on the market and whether there has been or will be an effort made to communicate with nurseries in the area about these trees Lori Flemm responded that the arborists did contact several wholesale nurseries in the area to see if these trees were available and to determine what their stock looked like in the future Currently these species are readily available; however, it is a concern that as more communities have bioswales within their planner strips, unless nurseries start planning for these trees, they may not be as available as they are today. Once this list is approved, several nurseries have requested it be forwarded to them so that they can keep up with the demand. Motion: Ron Harmon moved to recommend approving the amended Street Tree list. Debbie Raplee seconded and the motion carried 3-0. Lori Flemm also shared that once the list is approved, pictures are placed into notebooks located at the Permit Center counter, the Public Works counter, and the Planning counter, so that as developers come in, they are able to see what trees are on the list, look at the pictures and determine what they'd like in their development. a., 8 1 Item #8: Clark Lake Park Wetland Mitigation and Enhancement - Informational Clark Lake Park is located on the East Hill of Kent. The Public Works Department, Environmental Engineering Section is planning to replace a culvert along the upper Meridian Valley Creek at SE 234`h Street. As a result of this project there is going to be an unavoidable wetland impact of 94 sq. feet. It's a very small wetland but still needs to be mitigated for. The Public Works Department has determined that on-site mitigation at the culvert replacement site is not effective, so they are proposing that they mitigate for the wetland in Clark Lake Park It is in the same drainage basin as their project and is consistent with the master plan that shows wetland enhancement of an existing wetland on the Clark Lake Park site. Therefore, what Public Works is proposing to do is create 400 sq. ft, of wetland and 200 sq. feet of wetland enhancement in an area northwest of Clark Lake and adjacent to the an existing small wetland. The proposed construction schedule would be grading in August 2007 with planting and project completion in October 2007. The Master plan for Clark Lake Park was adopted by the City Council on November 2, 2004 Debbie Ranniger inquired as to whether or not plant material has been selected for use with this project. Lori Flemm indicated that plants have not yet been selected, but only native plants will be used. Debbie Ranniger also asked if the planting in the tall would be a potential Scout or volunteer project. Lori stated that Parks will have a Releaf at Clark Lake Park the second Saturday in October and will be working on the outfall stream once again this year, so it may be that both projects could be completed at the same time. The split rail fence currently located in the park was an Eagle Scout project a few years ago, so it is possible that an Eagle Scout may want to adopt the planting portion of the project. Item #9: Lake Fenwick Park Frisbee Golf Course Expansion - Informational Lake Fenwick Park is located on the West Hill of Kent. In 1999 citizens contacted the Parks Department and proposed construction of a disc golf course. The protect was approved and from 1999-2000 volunteers, including members of the Lake Fenwick Disc Golf Association and Boy Scouts cleared and constructed the course, raised funds for materials and baskets, made and installed signs, and planted native trees and shrubs. 9 jLake Fenwick Disc Golf Association adopted the Frisbee golf course and performs the majority of the maintenance including litter pick-up and the addition of gravel to tee boxes. This was an area of the park that saw a lot of misuse over the years and with the installation of the Frisbee golf course a lot of that misuse has disappeared. Lake Fenwick Disc Golf Association has now proposed an expansion of the course, adding new holes and reconfiguring existing holes to obtain a full 18 hole course. Staff has reviewed the layout in the park and supports the proposed layout. There will be no impacts to trees or slopes and the course expansion will lie within the same footprint as the current course The proposed construction schedule is to start in May 2007 with completion in 2008 Debbie Ranniger inquired as to what exactly Frisbee golf is and how it is played? Lori Flemm explained that there is a wire basket that stands about 4 feet tall. Players throw their disc and attempt to make it into the basket. Just like regular golf, there are different weights and sizes of discs like drivers, irons and putters. Debbie Rapiee inquired as to whether or not the course is a par course? Lori indicated that there is a par for each course, and each hole is marked thanks for the work of an Eagle Scout who made the signs. She also shared that there is a player in Kent that is nationally ranked and travels the country playing in tournaments. tItem #10: Parks & Open Space Street Tree Program Presentation - Informational Superintendent, Lon Flemm, highlighted the Parks & Open Space Street Tree program in light of Arbor Day, a nationally recognized event which occurred last week. Both Mayor Cooke and Council Chair Debbie Ranniger were present at Arbor Day festivities to receive the fifth annual Tree City USA award. Street trees are defined as any tree located within the right of way. Currently, the Parks Department has 4,690 street trees. The street tree fee-in-lieu program is program wherein the City works with developers of commercial areas as well as subdivisions, but primarily with single family subdivisions. These developers can pay $500 and refrain from putting in street trees at the time the subdivision is developed After all of the homes have been built out, the City will come in and plant the trees This prevents anything unhealthy from happening to the trees during construction such as trucks backing into trees, or something else knocking them down Therefore, the developer pays the City, and the City subsequently plants the trees and waters them for three years That is one of the reasons the program is so attractive to developers, because it is difficult for them to get around and water these trees for f r 70 three years. Out of those fee-in-lieu funds, the City hires seasonal staff(4 month staff) to spend their entire eight hour day all summer long traveling throughout the City and watering the street trees. In areas where developers have not cared for the trees, the City has come in and replaced them. The City has also partnered with businesses. Whenever there is a new development proposed from a business, the City arborists will review the landscape plans to determine if trees located behind the sidewalk line are compatible with their proposed landscaping. Another partnership that has been successful with businesses is when there are problem street trees, the City will come in, cut down the tree, the business will pay for a replacement tree and the City does the rest -- removes the tree, grinds the stump, replants the tree and then waters it for three years. One of the problems the City has had with its street trees that it is currently trying to correct is the situation where trees live in narrow areas, there is not enough room for roots to grow and the roots subsequently heave parking lots and sidewalks. There is a sidewalk replacement program in conjunction with Public Works wherein they grind the sidewalk to avoid any tripping hazards and then Parks & Open Space systematically replaces all the street trees. Another issue is that of topping trees when they are underneath overhead utility lines. The Parks Department works with Puget Sound Energy to systematically replace problem trees with trees that do not grow above a height of 25-30 feet. The City also works with businesses to ensure that trees do not block visibility of their signs. Also, trees are pruned on a regular basis to maintain vertical clearance enabling vehicles to drive underneath trees without breaking the limbs. Part of the City's Street Tree program also has some educational elements. Since 2000 a program has existed wherein the City of Kent works with the Kent School District, private schools and home school students, having children pot native trees or shrubs, care for them for several months, monitor and chart their growth and subsequently learn about the value of native plants. The City also has an urban forestry program. Each year an urban forester is hired to evaluate all of the trees within one of our parks. This individual will look for hazard trees, diversity of species, diversity of age and then determine if there are any trees that are planted too close together. If so, the forest is thinned out and trees are replanted to ensure a diversity of species. This has been done in Salt Air Vista Park, Morrill Meadows Park, Glenn Nelson Park and Clark Lake Park and this year it is being done in West Fenwick Park. West Fenwick was selected due to the number of trees that came down during the December windstorm. As mentioned previously, the City of Kent did receive the Tree City USA award for the fifth year in a row and that award was presented this past Saturday at the 11 jArbor Day celebration at West Fenwick Park. The area was cleared and 88 volunteers came out to help lay down donated cardboard, plant over 200 trees and shrubs and spread wood chips. These wood chips were a product of the Boy Scouts Christmas tree recycling event that is held each year. Debbie Ranniger inquired as to the reason for the use of cardboard. Lori Flemm explained that the cardboard is used to keep any weeds in the ground from coming up and to prevent seeds that blow into chips to take root. The City has found that newspaper as well as cardboard is effective at curbing weed growth and can last up to seven years. Workers have even discovered newspapers that have been on the ground for 3 years that were still legible. Residents are encouraged to try this in their own yards. Debbie Ranniger also inquired about whether or not there were any toxins in newspapers or cardboard that could potentially have a negative impact on sod or plants. Lori Flemm indicated that most newspapers in area have gone to soy-based ink products which are not harmful to plants or soil. Ron Harmon expressed his appreciation for the tip on controlling weeds. Item #11: Monthly What's Happening in Parks - Informational Lon Hogan, Recreation Superintendent shared the following upcoming events: • Saturday, April 21 is the Fishing, Tackle and Equipment Swap Sale at Senior Center from 8 a.m. to 1 p m. • The Willis Street Gateway Dedication (the big corn) will be dedicated on Tuesday, April 24 at 3.30 p.m. • There will be a public meeting for the Kent Aquatic and Recreation Center on April 25 at 6.00 p m. at the Senior Center. Residents are encouraged to attend. • Service Club Ballfields and art dedication will be held on Saturday May 5, in conjunction with the youth baseball jamboree. Approximately 100 teams of youth age baseball players from the Kent Parks baseball program will be playing and formal dedication activities will begin at 12 noon. • Cinco de Mayo is Saturday May 5; however, the public celebration being put together by Bustos Media, Le Grande Radio and Club Latino is slated for Sunday, May 6, from 12 noon to 7-00 p.m. at the Lincoln Park & Ride 12 between Smith and James. There will be plenty of entertainment, food and crafts and residents are encouraged to participate. • Three Friends Fishing Hole Park & Artwork will be dedicated on Tuesday May 8 starting at 3:30 p.m. That park is located on South 196'h and 58"' place. • The Junior Olympics Elementary Track Program in conjunction with the Kent School District (27 out of 29 elementary schools are participating) will be held Saturday, May 12 at the Wilson Playfields with dual meets occurring at 9:00 a.m. and 1.00 p.m. Approximately 2,000 kids are scheduled to y participate. • May 12 is the Earth Day Event at the Old Fishing Hole. Earth day is actually this Saturday, April 21 and while there are several volunteer events occurring this weekend, the annual Earth Day event is held at the Old Fishing hole in May. Historically this event is held the Saturday prior to the Fishing Experience so that individuals can participate in cleanup and prepare for the park for the 250-300 children who participate • The Fishing Experience will be held Saturday May 19, from 7:30 am - 12:30 pm. Kent Parks & Recreation partners with the Rotary Club and Trout Unlimited to ensure the success of this event The pond is stocked in advanced so children are almost certain to catch something. This is a great opportunity for kids to learn to fish with great volunteers assisting. Anyone wishing to participate is encouraged to register so that we are sure to have enough equipment and volunteers. Debbie Ranniger inquired as to how many typically attend this event? Lori Hogan responded that the event usually tops out at approximately 300 children; however, "day of registrations are taken if there are cancellations. Ron Harmon commended Trout Unlimited for the marvelous job that it does every year. As a member of Rotary, Ron indicated that the Rotary volunteers are typically used as fishing guides, pointing the children to the fish and helping them cast. However, when there are problems with reels or fishing line, children simply get another pole and the Trout Unlimited folks are the ones that fix the problem poles, ensuring that there is always enough equipment to go around. • Dedication of the East Hill Skate Park is scheduled for June 9 at 10:00 a.m.. More information about that dedication will be shared at the May Parks Committee meeting. 13 Debbie Ranniger inquired regarding information she received from the Kiwanis Club regarding a planting this Saturday at East Hill Skate Park. Lon Flemm shared that there are three events scheduled for this Saturday, each in a different area of the City: 1. A church group will be working with Kent Parks at Lake Fenwick Park celebrating Earth Day; 2. Boeing employees will be working along the Green River Trail, specifically at the Boeing rock site; and 3. A multitude of community groups, including service clubs, high school clubs and some Scout groups will be planting trees and shrubs at East Hill Skate Park. All of these events will begin at 9:00 a.m. and will continue until noon or until everything is planted and cleaned up Lori Hogan shared that these events are listed on the City's website and in the quarterly brochure, or if residents would like additional information they can call Kent Parks at 253-856-5050. Lori Hogan closed by thanking City Council, and in particular the Parks Committee, for the leadership received in conjunction with the service clubs in creating Service Club Ballfields. It is a beautiful site and has been open and in play for the last few weeks. This past weekend it was the host site for tournaments for 20 different kids' teams and is already being heavily used by residents. The formal kickoff will come in early May. The meeting was adjourned at 6:10. Respectfully submitted, Debbie xennedy Debbie Kennedy Secretary, Parks and Human Services Committee 1 , PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 14, 2007 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson. Chair Harmon called the meeting to order at 5:00 p.m. Approval of Minutes: Albertson MOVED and Clark SECONDED a MOTION to APPROVE the minutes of April 23, 2007. Motion PASSED 3-0. Neighborhood Councils' Recognition Neighborhood Program Coordinator Toni Azzola described the scope of the Neighborhood Program implemented by the City last summer. She stated that the neighborhoods would define neighborhood boundaries, create by-laws, and form councils within the residential communities, so that communities experience a sense of pride in ownership and benefit by working toward common goals. tMs. Azzola introduced the new Neighborhood Councils: Dover Park, South Kent and The Lakes at Kent, describing the requirements for establishing neighborhood councils. Ms. Azzola stated that 1) The Dover Park Community consists of 28 single family units. The community is bounded on the north by Southeast 2601h, east of the Rainier View Estates, south by southeast 264`h Street and west of 124th Avenue Southeast. Ms. Azzola stated that 2) The South Kent Community consists of approximately 389 single family units The community is bounded on the north by Willis Street, on the east by Central 1 Avenue South, south of 259`h Street and west of 741h Avenue South. Ms. Azzola stated that 3) The Lakes at Kent consists of 2,193 single family units. The community is located north by south 2281h Street, east of Frager Road, south of James Street, and west of 641h Avenue South. Ms. Azzola stated that she would like recognition of these neighborhood councils to move forward to the June 51h City Council meeting. Community residents will be invited to attend. Ms. Azzola responded to questions raised by the Committee Members with respect to how communities form their own neighborhood councils independently from the City, and described her function as liaison between the City and the Kent communities. She stated that currently there are no requirements to dictate how often neighborhood councils should meet on an annual basis, but would suggest that policy be implemented requiring these communities to meet four times per year Ms. Azzola stated that she would like to empower the communities to decide what is best for their neighborhoods. Clark MOVED and Albertson SECONDED a MOTION that Council Adopt the proposed resolutions which recognize the Dover Park, South Kent Community, and the Lakes at Kent neighborhood councils, support its community building efforts, and confer all opportunities offered by the City's Neighborhood Program. Motion CARRIED 3-0. Ms. Azzola stated that for those who would like to get involved, she could be reached at 253.856.5708. Shoreline Master Program (SMP) Update Planning Manager Charlene Anderson stated that the SMP update, as required by State legislation, was discussed before the Planning and Economic Development Committee in late 2006. She stated that the City has a two year budget allocation of $100,000 each year to PEDC Minutes May 14, 2007 Page 1 of 5 2 i accomplish the update. Ms. Anderson stated that John Owen, Principal of MAKERS Architecture and Urban Design and the Watershed Co. (providing the scientific analysis), were selected as a team to assist on this two year effort with a projected completion of December 2008. She stated that a committee will be established to assist with garnering public participation. Ms. Anderson stated that the City has not received a response on their request for a State grant, but believes that the city will receive some money to offset the dollars the city has allocated. Ms. Anderson stated that Lake Meridian, the Green River and a portion of Big Soos Creek to the southeast of the city are recognized as designated shorelines, stating that water flow is one of the parameters in designating shorelines. Albertson MOVED and Clark SECONDED a MOTION to authorize the Mayor to sign a contract with MAKERS Architecture and Urban Design for completion of a comprehensive update to the Shoreline Master Program for a total not to exceed $190,000 upon concurrence of the language therein by the City Attorney and the Planning Manager. Motion PASSED 3-0. #ZCA-2007-1 Animals in Residential Districts Planning Manager Charlene Anderson stated that this project is a proposed amendment to Kent City Code, Chapter 8.03 and 15.08 regarding animals. She stated that this project was initiated as a 2006 docket item. Ms. Anderson stated that this amendment would allow animals in all zoning districts (minimum lot sizes in residential districts of 5000 square feet or greater) with limitations placed on the number of animals allowed. She stated that staff has added a section on beekeeping and potbellied pigs, which was not previously in the city's ordinance. Ms. Anderson stated that Kent's nuisance ordinance deals with noise or odor issues related to animals. She stated that Seattle's ordinance requires a ten foot setback if the animals are penned and they are free to roam the yard when not penned. She stated that the majority of public comment indicated opposition to enclosure requirements. Chris Welch, 12905 SE 247`h Place, Kent stated that he favors the proposed changes to the City Code and supports penning the animals. He stated that he is not a proponent for the potbellied pig, but believes that it is beneficial to allow these animals on residential property. Mr. Welch stated that it is the property owner's responsibility to maintain the animals they own and ensure that they are not infringing on anybody else's rights. Paige Arreola, 28311 143rd Avenue SE, Kent stated that her neighbor is the initiator of this amendment. She stated that though this person has indicated that she keeps her animals clean and there is no issue with odor, that is contrary to the truth. She stated that the animals are penned up against her neighbor's fence and causes an offensive odor problem. Ms. Arreola stated that another of her neighbors allows their 25 chickens to run free and they have been in the streets and neighboring yards destroying vegetation. She stated that minimum lot sizes should be bigger than 5000 square feet and that fowl need to be penned with an appropriate setback, responding to Chair Harmon that a 25 foot setback would be appropriate. lanelle Burridge, 14311 SE 283'd Place, Kent stated that her 8800 square foot property abuts the approximately 12,000 square foot property with the chickens. She stated that the odor is so offensive that her family cannot be in the yard at times. She stated that she is not opposed to her neighbor owning chickens but is opposed to the chickens being located right on the property line. Ms. Burridge stated that she would like the city to implement a penning and PEDC-Minutes May 14, 2007 Page 2 of 5 3 a 25 foot setback regulation and she supported the restriction of 3 domestic fowl and 3 domestic small animals per 5000 square foot lots. Ms. Anderson stated that staff acknowledged to the Land Use and Planning Board that the City had received 54 complaints in the past 5 to 6 years, deferring to Bob Hutchinson, Building Official on behalf of Code Enforcement. Building Official Bob Hutchinson stated that there are provisions in Kent City Code Chapter 8.03 for animal control. He stated that the city contracts with King County Animal control for enforcement of that service, which includes enforcing animal facility sanitation issues. Mr. Hutchinson stated that general provision of public nuisances falls under code enforcement control which would include enforcing the number of animals, type of animals and lot size, setback regulations and animal containment regulations. Albertson stated that the city's public nuisance ordinance 8.01.030 clearly defines the issue of odors in that it refers to the accumulation of manure, any putrid or unhealthy smells or retention of waste. Albertson opined that the city's public nuisance code is not subjective stating that she believes that the issue with this particular neighbor should be addressed outside of any action taking place with this amendment. After Deliberations, Clark MOVED and Albertson SECONDED a Motion to modify and approve the Land Use and Planning Board's recommendation to amend the Kent City Code regarding the keeping of animals; allowing a maximum of three (3) small domestic animals and three (3) domestic fowl on minimum lot sizes of 5000 square feet for a total of six (6) domestic animals with no restraint or setback requirements; additional animals will require a 20,000 square foot lot size and the LUPB recommendation is also amended to add a 25-foot property line setback and restraint requirements. Motion PASSED 3-0. Harmon asked that this item be brought before the Committee in October 2007 for an update. Countywide Planning Policies Amendments Planning Manager Charlene Anderson introduced ordinances that have passed the King County Council and the Growth Management Policy Committee for ratification. She stated that none of these ordinances affect Kent; however, Kent is asked to consider ratification of these ordinances. She stated that 1) Renton is proposing to include a portion of the area southwest of Lake Washington to their Potential Annexation Area (PAA). The next motion clarifies how 1 household and employment targets will be determined when incorporation occurs, and is housekeeping in nature. The third motion discusses a request to designate the Overlake area of Redmond as an urban center. Staff is proposing that the Committee ratify all three of these ordinances. Clark MOVED and Albertson SECONDED a Motion to recommend to the Full Council ratification of amendments to the Countywide Planning Policies approved under GMPC Motion Nos. 06-1, 06-2, and 06-03 amending the interim Potential Annexation Area Map; revising policy LU-25b to allow adjustment of household and employment targets with new municipal incorporations, and designating the Overlake area of Redmond as an Urban Center. Motion PASSED 3-0. I #ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts Building Official Bob Hutchinson gave a report from the code enforcement perspective. He stated that this amendment became affective in October 2006, prohibiting the parking of large commercial vehicles in residential zones. He stated that at that time, our records showed four pending code enforcement cases. Mr. Hutchinson indicated that since that time, all outstanding cases have been resolved by compliance, with one case necessitating a hearing before the Hearing Examiner, with a brief PEDC-Minutes May 14,2007 Page 3 of 5 4 relapse thereafter. He stated that since October 2006, the city has opened 6 more cases regarding these large commercial vehicles. Those cases were resolved by voluntary compliance of the people responsible. Mr. Hutchinson stated that it appears that the community's attention to this issue probably spread the word, so that we have been very effective in getting compliance. Mr. Hutchinson stated that code enforcement has seen relatively few cases and he expects that to be the wave of the future. Harmon appreciated Hutchinson's testimony in reference to compliance, and stated there still are violations out there. Hutchinson stated that code enforcement staff will be glad to investigate any allegations of code violations for this or other issues, citizens may contact code enforcement at 253.856.5409. Judy Hanford, 24736 136th Avenue SE, Kent stated that she has personally called Mr. Hutchinson many more times than six and talked with people in the code enforcement office to report continued problems with semi trucks and tractors in residential areas. Ms. Hanford cited the following problem areas: • the church on 132nd between 248th & 240'h with truckers overnightmg at that location, along with activity at two adjacent houses, • tractors parked on private property at 132nd and 240th, • tractors and trailers parked on 256th across from the new pumping station near Soos Creek o at the corner of 132nd and 256th there is a vacant lot with a "no parking tow-away zone" sign with a tractor trailer parked in front of the sign. • A tractor parked daily on 114th behind Arbor Village Ms. Hanford stated that although the Kent Police Department is doing a good job by ticketing these people, the low $25 fine is not effective. She opined that it might be well for the city to tow some of these trucks as this is a public nuisance and safety issue. Ms. Hanford said that although she is pleased that City Council passed this ordinance, it is not effective, and she objects to using the 911 line to get action from the Police Department. She stated that the 911 line should be specifically used for emergencies. Chair Harmon asked Bob Hutchinson to report back to the PEDC on this issue by the end of the year. Harmon stated that $25 for parking in a tow-away zone is a minimal amount of money and Ms. Hanford's reference to the low fee may hold some validity. Hutchinson stated this may be a seed to a solution and he will discuss the fee issue with the law office. #ZCA-2006-3 Residential Development Standards Planner Matt Gilbert recapped the new residential design standards, passed by City Council in March, and effective on April 5, 2007. He stated that this amendment primarily addressed neighborhood aesthetics, setbacks, general lack of open space, with neighborhood aesthetics being the general theme. He stated that all new subdivision applications that have been submitted after April 51h are vested to the new rules, with anything permitted or applied for prior to April 5`h vested to the old rules. Gilbert stated that the city received four vested short plats, one vested long plat and ten tentative short plats after April 5th He stated that a good number of applications continue to be submitted under the new regulations. Gilbert stated that staff has met with several consulting firms that work with local property owners to help them understand the applications of the new codes. Staff has found those conversations to be fruitful and has received positive feedback. PEDC-Minutes May 14,2007 Page 4 of 5 I 5 Gilbert emphasized that we have a construction season upon us, stating that construction throughout the community this summer will be vested to the old standards. He stated that next summer there also may be construction under the old codes, as these things take 18 to 24 ' months to come to fruition. Parking in East and West Frame Districts Update Planner William Osborne, stated that the Downtown Strategic Action Plan was updated and adopted in April 2005 along with the code amendment for the parking standards for the Downtown Commercial Enterprise Districts; the East Frame and West Frame Districts. He stated that the West Frame District recommended change was from 3 spaces per 1000 square feet gross commercial floor area to 4.5 spaces per 1000 square feet gross commercial floor area, with a sunset clause included to measure or review the effectiveness of any impacts of this revision. Osborne stated that the East Frame District changed from 3 spaces per 1000 square feet gross commercial floor area to 4.5 spaces per 1000 square feet gross commercial floor area, but with the additional requirement that residential units would comprise 25 percent of the overall project gross floor area. He stated that up to this time the city hasn't had any applications with issues on parking limitations. Adiournment Chair Harmon adjourned the meeting at 6:20 p.m. Pamela Mottram Admen Secretary, Planning Services S JPe 1tJP1anJPfannmg Ca ttte 170071MMWre 1051407GEDCm dW f t t 1 1 I PEDC-Minutes May 14, 2007 Page 5 of 5 `� KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES May S, 2007 COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair • The meeting was called to order by Chair Les Thomas at 5 00 PM. • Chair Thomas noted that one item from Fire (#4) and one item from Police (#9)would be added to the agenda. 1. Approval of Minutes Ron Harmon moved to approve the minutes of the April 10, 2007 meeting. The motion was seconded by Bob O'Brien and passed 3-0. 2. Goods and Services Agreement with Vision Leadership-AUTHORIZE Fire Chief Jim Schneider explained the purpose of the agreement A challenge course will be designed for use by all city employees and other interested parties Chief Schneider credited Captain John Robinson for his work on this project Bob O'Brien moved to authorize the Mayor to sign the Goods and Services Agreement with Vision Leadership. The motion was seconded by Ron Harmon and passed 3-0 3. EMS Prehospital Participation Grant-ACCEPT Chief Schneider explained the funds will be used to purchase temporal artery thermometers. Ron Harmon moved to accept the EMS Prehospital Participation Grant in the amount of $1,439. The motion was seconded by Bob O'Brien and passed 3-0. 4. King Countv Office of Emergency Management, Homeland Security SubGrant-AUTHORIZE Chief Schneider acknowledged the efforts of Dominic Marzano to obtain this grant Reimbursable funds of up to $21,800 will be used to conduct an exercise in June at Sequoia Middle School involving the Kent School District, Kent Police Department, Kent Fire Department and Kent Emergency Management Division Bob O'Brien moved to accept the King County Office of Emergency Management Homeland Security Sub Grant and authorize the Mayor to sign the contract. The motion was seconded by Ron Harmon and passed 3-0. 5. Safe Rental and Hotel/Motel Housing Ordinances Update—INFO ONLY Deputy City Attorney Pat Fitzpatrick and Police Chief Steve Strachan gave an update on a recent court decision affecting the ordinances and stated that additional work will need to be done before a final draft is brought to the Committee in June Chief Strachan stated the Neighborhood Response Team (NRT)members will be selected and activated in August or September Adoption of the ordinances will enhance the team's efforts. 6. Rotary Club of Kent Donation, $1,000-ACCEPT Chief Strachan explained the funds will be used by the Drinking Driver Task Force to cover printing costs for coffee sleeves which will carry various messages about the hazards of drinking and driving. Ron Harmon moved to recommend that Council accept the donation from Rotary Club of Kent in the amount of$1,000 and place this on the Consent Calendar for the May 15, 2007 Council Meeting. The motion was seconded by Bob O'Brien and passed 3-0. 7. Kent Lions Club Donation,$250 -ACCEPT I Chief Strachan explained the funds will be used by the Drinking Driver Task Force to cover printing costs for coffee sleeves which will carry various messages about the hazards of drinking and driving. Bob O'Brien moved to recommend that Council accept the donation from Kent Lions Club in the amount of$250 and place this on the Consent Calendar for the May 15, 2007 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 8. Washington Traffic Safety Commission, $2,500 grant-ACCEPT Chief Strachan explained the funds will be used to fund officer overtime for the Night Time Seat Belt Enforcement mobilization. The enforcement activity with "zero tolerance"for seat belt violators will run from May 21-June 3, 2007 Ron Harmon moved to recommend that Council accept the Washington Traffic Safety Commission grant in the amount of$2,500 and place this on the Consent Calendar for the May 15, 2007 Council Meeting. The motion was seconded by Bob O'Brien and passed 3-0. 9. Washington Traffic Safety Commission grant —AUTHORIZE Chief Strachan explained the proposed use of grant funds for the Kent Drinking Driver Countermeasure Program. Ron Harmon moved to recommend authorizing the Kent Police Department to apply for the Washington Traffic Safety Commission grant in the amount of$65,750.00. The motion was seconded by Bob O'Brien and passed 3-0. Info Only,No Action: • Chief Strachan asked the Committee members if they would be interested in the seeing the type of mapping from stats that Crime Analyst Kevin Axelson has recently developed for the police department. The Committee expressed their interest and Kevin will share a PowerPoint presentation with the Committee at the June meeting. The meeting adjourned at 5:25 PM. Jo Thompson Public Safety Committee Secretary Public Safety Committee Minutes 2 May 8,2007 iCONTINUED COMMUNICATIONS 1 A. i i i r i i i 1 r ' EXECUTIVE SESSION i i ACTION AFTER EXECUTIVE SESSION r r r 1 i i i