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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/15/2008 City of Kent CityCouncil Meeting � Agenda � r yy. r April 15, 2008 Mayor Suzette Cooke Debbie Raplee, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Deborah Ranniger ;. Ron Harmon Les Thomas 3 � 2 I • KENT WASSHINGTON I City Clerk's Office i 1 KENT CITY COUNCIL AGENDAS KENT April 15, 2008 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Aquatic Center Jeff Watling 60 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS 1 , A. State Senator Claudia Kaufman, 1�t O-C B. Public Recognition C. Community Events D. Public Safety Repork-) r A-c V)C,1 ffV IDCLcl iLD&i 5. PUBLIC HEARINGS I None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Kent Downtown Partnership Consultant Agreement - Authorize D. Police Records Management Servers Purchasing Agreement with Hewlett-Packard - Authorize E. Surplus Aerial Ladder - Authorize F. Goods and Services Contract with Action Communications, Inc. for Portable Radios - Authorize G. Re-Solve Gibbons & Riely, PLLC, Real Estate Appraisal Consultant Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED H. Strickland, Heischman & Hoss, Inc., Real Estate Appraisal Consultant Contract - Authorize I. W & H Pacific, Inc. Agreement for Construction Management Services/S. 228th Street/BNSF Grade Separation - Authorize J. Transit Now Service Partnership Agreement with King County Metro 1 Transit for Route 153 Enhancement - Authorize K. Criminal Code Amendment, Metal Theft and Possession of Vehicle Theft Tools Ordinance - Adopt ' L. Lease Agreement with Rainier Pacific Management, LLC, for Police Substation - Authorize /I�I G�CCCISL'c� `r} C-C> 01 �vv1 7. OTHER BUSINESS A. Meridian Banks Plat Appeal (Quasi-Judicial Proceeding) IDS Upper Mill Creek Culvert Replacement at SE 264th Street 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition/Negotiation B. Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. N H J 8 Y UL..�C m _L � 7 O_ — � r�L N L p A rTJ ° ~ O C_ T 3 y ° ¢ U 0 4. O d L LL, G .0.O N U -J r' G y '� —O �O° > —` .°. U V r O C `p > � '' U y L OA Q J y C y J U Y O y T,�, vi U U C y Q 2 r U L n �! � N r3 S> ..:� 4' U C '6 W= •c O y • - �� � q A L one c v 8?' E o. c � _ T r "' o p°s — O �� � n �, � a L r v� Y i _ F 4 p UJ U U UJ al C •=• y_ i U I.I.I =_y. O > ry l. .C-.-O 4 E C L C b4 U A C v N v C OI C U a � U Y °�' C 7 p= N _ _ p U >"N C� O > O O O L E O uy > _ � c �yc� ., c ono°J' ys c s c E— V E c J O S j > >'V S C ? p - Q U 3 vi L = Y p- C a ccU '< JJ � � rtJ � p u � `off °' =_ � 0 > TV =pC .. o occ a"T • T.-Y V _U >'� O O J O U = .J .� N r '-' � - 'O Y �'O i � � �')•= O _. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC iPUBLIC COMMUNICATIONS A) STATE SENATOR CLAUDIA KAUFMAN B) PUBLIC RECOGNITION C) COMMUNITY EVENTS i D) PUBLIC SAFETY REPORT 1 1 i � i ' i Kent City Council Meeting Date April 15, 2008 Item No. 6A - 6B CONSENT CALENDAR I6. City Council Action: Councilmember moves, Councilmemiber &axLb seconds to approve Cons nt Calendar Items A through ; Discussion Intel Action ��i 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 1, 2008. 6B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 1, 2008. Approval of checks issued for vouchers: jDate Check Numbers Amount 3/15/08 Wire Transfers 3191-3210 $6,255,597.32 3/15/08 Regular 618147-618661 1,408,710 62 Use Tax Payable 4,412.36 $7,668,720.30 Approval of checks issued for interim payroll for March 7, 2007: Date Check Numbers Amount 3/7/08 Checks 303859 $152.27 Approval of checks issued for payroll March 1 through March 15 and paid on March 20, 2008: Date Check Numbers Amount 3/20/08 Checks 303591-303860 $ 201,326.55 3/20/08 Advices 227616-228344 1,417,301 16 I Total Regular Payroll $1,618,627 71 Approval of checks issued for interim payroll for March 24, 2008: Date Check Numbers Amount 3/24/08 Checks 303861 $ 128.96 3/24/08 Void 303583 -128 96 Kent City Council Meeting Z�KNT VlAS N INGTON April 1, 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Harmon, O'Brien, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Hodgson removed Item G from Public Communications and noted that there will be no Executive Session. B. From the Public. (CFN-198) There were no comments from the audience. PUBLIC COMMUNICATIONS A. King County Council President Julia Patterson. (CFN-198) County Council President Patterson gave a brief version of the State of the County Address, high- lighting issues such as bus service, recycling, improved operations of the Election Department, traffic congestion, environmental challenges, Medic One support, regional parks and trails improvements, flood levy repair, mental health, menu labeling and 1 social equity. B. Public Recognition. (CFN-198) No public recognition was given. C. Community Events. (CFN-198) Ranniger announced that Earth Day is on April 19 and that trees will be planted at the Service Club Ball Fields. She invited those interested to contact the Parks Department. D. Introduction of Appointee. (CFN-122) Mayor Cooke introduced Callius ' Zaratkiewicz, her re-appointee to the Civil Service Commission, whose term will expire on April 30, 2014. E. Final Legislative Report. (CFN-198) Lobbyist Doug Levy gave a report on issues affecting Kent which came before the Legislature including the Center for Advanced Manufacturing-Puget Sound (CAMPS), housing Jail offenders, infrastructure funding, prostitution problems, unfunded mandates, and transportation needs. He also spoke about other funding decisions which impact the city, areas of new funding available, and issues coming up in 2009. IF. Employee of the Month. (CFN147) Jeff Watling introduced Garin Lee, the April Employee of the Month. Watling commended Lee for his commitment to public service and hard work, and Lori Flemm gave examples of his caring attitude. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through H. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of March 18, 2008, were approved. 1 Kent City Council Minutes April 1, 2008 B. Approval of Bills. (CFN-104) There were no bills for approval. ' C. Reappointment of Civil Service Commission . (CFN-122) The Mayor's re- appointment of Callius Zaratkiewicz to the Civil Service Commission was confirmed. Mr. Zaratkiewicz's re-appointment will expire April 30, 2014. D. Regional Justice Center Human Services Fundinq Agreement Amendment. (CFN-118) The Mayor was authorized to sign Amendment No. One to the Memorandum of Understanding with King County regarding the Regional Justice Center, and the expenditure of funds in the Human Services budget was approved. E. United Way of King County Homelessness Grant. (CFN-118) The $17,500 grant from United Way of King County in support of coordinating efforts to end homelessness in South King County was accepted, and the expenditure of funds in the Housing and Human Services budget was approved. F. Russell Road Shops Roof and Wall Repair Change Order. (CFN-120) The Mayor was authorized to sign Change Order Number Two from Werlech Construction in the amount of $249,294.82 for the Russell Road Maintenance Facility Roof and Wall Improvements Project. G. City Easement to Puget Sound Energy, Mill Creek Sanitary Sewer Lift Station. (CFN-1038) The Mayor was authorized to sign the Puget Sound Energy easement to provide electrical services to the new Mill Creek Sanitary Sewer Lift Station. This lift station is being constructed on city-owned property. H. LID 353 - 4th Avenue/76th Sidewalk Improvements. (CFN-1269) The LID 353 - 4th Avenue/76th Sidewalk Improvements project was accepted as complete and release of retainage to Rodarte Construction, upon standard releases from the state and release of any liens. The original contract amount was $652,957.50. The final contract amount was $704,240.32. OTHER BUSINESS ' A. Prohibited Conduct on Public Transit Property and Vehicles. (CFN-122) The proposed ordinance adopts the substance of King County's transit code of conduct, creating consistent regulations which ensure the safety and comfort of passengers. Police Chief Strachan explained that confusion can arise for law enforcement officers when transit vehicles cross Jurisdictional boundaries, and said this ordinance would strengthen existing tools. Harmon moved to adopt Ordinance No. 3877 relating to prohibited conduct on public transit property and vehicles. Thomas seconded and the motion carried. , B. S. 224th Street Corridor. (CFN-1308) The Public Works Committee has recommended that a three-lane roadway beginning at the intersection of East Valley Highway and S. 224th Street and ending at Benson Road (SR 515) be designed and constructed. The Mayor noted that public input has been taken at seven public meetings. Chad Bieren, Engineering Supervisor, explained the history of the project and Mark Howlett, Design Engineering Manager, outlined the five alternatives which 2 Kent City Council Minutes April 1, 2008 were included as a part of the Environmental Impact Statement and the EIS process. Deputy Public Works Director Tim LaPorte explained their public involvement process and welcomed the possibility of a neighborhood council in the area. Ranniger moved to approve the S. 224th Street Project utilizing Alternative B, a 3-lane roadway connecting 84th Avenue S. and 108th Avenue S.E. via S. 224th Street as described in the S. 224th Street Project Environmental Impact Statement, and authorize the Public Works Director to move forward with design, permitting, and construction of the project; and the City will create a S. 224th Street Project Design Review Committee made up of neighborhood volunteers that will advise on elements of the project. Raplee seconded. Ranniger stated that a five-lane roadway would have created a big impact to the neighborhood and that the three-lane boulevard is a good compromise. City Attorney Brubaker pointed out that although the steps taken tonight are significant, it is still early in the process. Clark stated that while not everyone is happy about this project, the City had to take action for safety reasons. Harmon opined that the project will be aesthetically pleasing and will move traffic; O'Brien and Albertson also spoke in favor of the project for safety reasons. The motion to approve the project then carried. CLERK'S NOTE: Councilmember O'Brien left the meeting at this point. 1 C. Regional State Highway Toll Projects. (CFN-171) Deputy Public Works LaPorte introduced Craig Stone, Deputy Administrator for the Washington State Department of Transportation Urban Corridors Office and Charlie Howard, Transportation Planning Director with the Puget Sound Regional Council, who presented a slideshow regarding tolls on state highways. Stone discussed the objectives, methods, and applications of tolling. Howard spoke about regional issues which focus on the long-term future, which includes trans- portation funding He noted that they are looking at user benefits, moving freight, the effects on social, environmental and land uses decisions, growth, equity, pricing, operations, privacy protection, financing, and so forth. He and Stone then answered questions from Councilmembers relating to transponders, challenging charges, use of the tolls, affected roads, etc. BIDS A. LID 353, S. 228`h Street Improvements, 72nd Avenue Left Turn Lane. (CFN-1269) The bid opening was held on March 25, 2008, with 11 bids received. The 1 low bid was submitted by Road Construction Northwest in the amount of $493,155. The Engineer's estimate was $574,375. Public Works Director Blanchard explained that this project does not interfere with the 228th BNSF project. Engineering Supervisor ' Chad Bieren gave an overview of the project and noted that sidewalks are included. Ranniger moved to award the contract on the LID 353, S. 288th Street Improvements, 72nd Avenue Left Turn Lane project to Road Construction Northwest in the amount of $493,155. Raplee seconded and the motion carried. 3 Kent City Council Minutes April 1, 2008 REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke reported that she recently visited Austin, Texas, to see their tolling system; that she welcomed the Port of Tacoma and the Port of Seattle at their first Joint meeting, which was held in Kent today; and that she, eight youth and five adults recently attended the Suburban Cities Association "Connecting with Youth of our Cities" Conference. C. Operations Committee. (CFN-198) Clark announced that he has accepted an invitation to Join an advisory board to the Puget Sound Partnership. D. Parks and Human Services Committee. (CFN-198) Ranniger reported that she represented the City at the annual Cherry Blossom Festival put on by the School District celebrating the relationships with Japanese sister cities. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be held at 5:00 p.m. on April 14, and invited everyone to attend the Topping Out ceremony on April 15 at the Kent Events Center. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held Tuesday, April 8, at 5:00 p.m. G. Public Works Committee. (CFN-198) Ranniger thanked the committee members for their work on the S. 224th corridor project. H. Administration. (CFN-198) CAO Hodgson noted that there will be a report on the , Aquatic Center at the workshop of April 15, and that one of the City's top leaders, Assistant Finance Director Cliff Craig, has been appointed Finance Director for the City of Puyallup. ADJOURNMENT The meeting adjourned at 10: 15 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 4 r rKent City Council Meeting Date April 15, 2008 ICategory Consent Calendar - 6C 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP CONSULTANT AGREEMENT - AUTHORIZE r2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant services agreement with Kent Downtown Partnership in the amount of $33,600 for 2008. rKent Downtown Partnership ("KDP") provides services to the City of Kent in an effort to increase economic development of Kent's downtown core. In 2008, the KDP will, among other things, assist the City in developing an improvement plan for downtown sidewalks, trees, and light posts. The KDP works to encourage developers and businesses to locate in downtown Kent, funds downtown store ' front renovations and also publishes advertisements inviting consumers to visit downtown Kent. r 1 r 3. EXHIBITS: Memo from Ben Wolters and Consultant Services Agreement 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds 1 DISCUSSION: ' ACTION: 1 ECONOMIC DEVELOPMENT Ben Wolters, Director Phone: 253-856-5710 Fax: 253-856-6700 KENT Address: 220 Fourth Avenue S. Wg5111NGTON Kent, WA. 98032-5895 MEMORANDUM TO: Kent City Council From: Ben Wolters ' Date: April 15, 2008 Subject: Kent Downtown Agreement (KDP) Kent Downtown Partnership (KDP) provides services to the City of Kent in an effort to increase economic development of Kent's downtown core. 1 As an organization KDP encourages property owners to become more involved. One of the larger plans the year is developing and working with Public Works to I ' develop a plan for the expenditure of $4.0 million on sidewalks, trees and light posts in Downtown. Some of the economic development and design project consist of filling the vacant storefronts on Meeker Street. KDP will also working with the City to find a developer for the "fire property" at Second and Meeker. Providing new non- seasonal banners at 22 locations in Downtown. Obtain bids on music for Second Avenue between Smith & Gowe. Coordinate marketing Downtown with the Seattle Thunderbirds and SMG. KDP will coordinate and establish a plan for sidewalk, I planter cleaner and graffiti removal. One of the larger projects KDP will assist in is the new store front on the Children's Bookstore and the Children's Hospital Thrift store and fund at least on additional store front project during 2008. ' KDP will be advertising in the South County Publications and Target the RJC to inform them of the many shops and restaurants in the downtown area. 1 CONSULTANT SERVICES AGREEMENT between the City of Kent and ' Kent Downtown I THiS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown DBA Kent Downtown Partnership organized under the laws of the State of Washington, located and doing business at 202 W. Gowe St., Suite A, Kent , WA 98032, (253) 813- 6976 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. jConsultant shall perform the following services for the City in accordance with the following described plans and/or specifications. Provide consultant services to the City of Kent in an effort to increase economic development of Kent's downtown core, in accordance with Consultant's 2008 Work Plan attached and incorporated as Exhibit A Consultant's services under this Agreement include, but are not limited to, assisting the City in developing an improvement plan for downtown sidewalks, trees, and light posts, encouraging developers and businesses to locate in downtown Kent, funding downtown store front renovations; and publishing advertisements inviting consumers to visit downtown Kent Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed 1 ($33,600 00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion EEO COMPLIANCE DOCUMENTS- I IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- ' Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. ' V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of copies of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. Vl. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE ' INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, L insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide ' reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement EEO COMPLIANCE DOCUMENTS-2 X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of 1 inspection to secure satisfactory completion. XH. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference imay be available for any designated recycled product. B Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the ' covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIi of this Agreement D. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement. unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment ment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. EEO COMPLIANCE DOCUMENTS-3 F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: r By By: (signature) (signature) Print Name. Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE- DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: , CONSULTANT: CITY OF KENT: Jacqute Alexander Ben Wolters, Economic Development Director Kent Downtown Partnership City of Kent 202 W Gowe St , Suite A 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (252) 813-6976 (telephone) (253) 856-5703 (telephone) (253) 520-0206 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORNI: Kent Law Department EEO COMPLIANCE DOCUMENTS-4 ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3. During the time of this Agreement the prince contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of ' women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. rDated this day of , 200_. By: For Title ' Date: EEO COMPLIANCE DOCUMENTS-5 CITY OF KENT , ADM[NISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE. January 1, 1998 ' i SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All i contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available minorities and women. , Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works i Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS-6 ' CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT iThis form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the pnme contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i Dated this day of , 200 I By: For Title. Date: 1 EEO COMPLIANCE DOCUMENTS-7 Exhibit A ' Kent Downtown Partnership's 2008 Work Plan Organization 1. Identify and fill staff needs for administration. 2. Encourage Property Owners to become more involved in KDP. 3. Parking issues. I 4. Establish a "Finance Committee". 5. Work with the City of Kent in developing a plan for the expenditure of $4 0 million on sidewalks, trees & light posts in Downtown Kent Plan to include monthly reports from the Public Works Department on the projects. Economic Development 1 Fill three vacant storefronts with retail on Meeker Street. 2. Work with the City of Kent to find a developer for the "Fire Property" at Second and Meeker. 3 Assist Bruce Anderson in finding a suitable replacement for the UGN ' store in the Meeker Emporium. 4. Repair & maintain the Kiosk 5. Provide lighting options for an additional 6 buildings in Downtown Kent. 6. Provide new non-season banners at 22 existing locations in downtown and add 12 new locations on Second Avenue between Smith and Gowe Streets 7. Obtain bids on music for Second Avenue between Smith &Gowe. 8. Coordinate the marketing Downtown Kent with the Seattle Thunderbirds ' and the new Events Center Operator, SMG. Design 1. Install 14-foot streetlights on Meeker (with city) 2. Establish a person/crew/company responsible for sidewalk/planter cleaning and graffiti removal. ' 3. Assist in new store front on the Children s Bookshop and the Children s Hospital Thrift Store. 4. Fund at least one additional store front project during 2008. Promotion 1. Advertise in South County Publications. 2. Target the RJC Safety & Security 1. Recommend a foot patrol (city or private) walking between Smith & Titus & Central & Fourth, or more bicycle presence in the same area. Compensation 1. Payment will be invoiced monthly, total contract is $33,600 00 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: ' 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute ' endorsement providing equivalent coverage 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance ' Consultant shall maintain the following insurance limits L Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions EXHIBIT B (Continued) The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than , A VIL E. Verification of Coverage ' Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors ' Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant , i ACORUM CERTIFICATE OF LIABILITY INSURANC 0 E 03l7108D ) RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 124 ell-Anderson Ins. -Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR O Box 887 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW West Smith St. I ent,WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC# SURED INSURERA American States Insurance Company Kent Downtown Partnership Corporation INSURER B 202 W GOwe St A INSURERC Kent,WA 98032 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDO/YY DATE MMIDD GENERAL LIABILITY 01 CH62738310 10/16/07 10/16/08 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMI ES f Ea RENTED n $1 000 000 CLAIMS MADE 51 OCCUR MED EXP(Any cne person) $10 000 PERSONAL B ADV INJURY $1 000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO s2,000,000 POLICY 7 JEC PROT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ q AUTO ONLY ASS $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORY STATU- OTH- WORKERS COMPENSATION AND T LIMIT EMPLOYERS'LIABILITY E L EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS he certificate holder Is additional Insured for general liability,but only if required by written contract or written agreement per endorsement#CG7635(02107). .CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN Dept. of Economic Development NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 4th Ave. S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent, WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE CORD 25(2001/08)1 of 2 #S172722IM158964 KJW o ACORD CORPORATION 1988 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER , The Certificate of Insurance on the reverse side of this form does not constitute a contract between , the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon 1 1 1 _ 1 1 ACORD 25-S(2001/08) 2 of 2 #S172722IM158964 , ' Insurance COMMERCIAL GENERAL LIABILITY as CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE LName of Person or Organization: C it yo f Kent, Department of Economic Development ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following ' CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ' ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that m- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". b. The person or organization added as an in- (3) The maintenance, operation u use by sured b this endorsement is an insured only you of equipment leased s you by such y Y person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2MI Sataoo and the Saleco$oga are regmered trademarks of Se(eca GOWalfan 013 76 35 02 07 Page 1 of 4 EP (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any Insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, 0 the "occurrence" which caused the "bodily injury' or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations riance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto' or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vfsfore sured. This insurance does not apply to "bodily This exclusion does not apply to: i injury", "property damage% or [1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. 1[2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendenng of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or mg. rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- trance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or d. This insurance does not a I to "bodii equipment that is attached to, or PPY Y part of, a land vehicle that would injury" or 'property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not ard'. subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state ' der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or Nv covers will be provided if, in the absence of this (b) the operation of any of the Machin- No pro ery or equipment listed in Paragraph endorsement, no liability would be imposed by taw on f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. •(� An aircraft you do not own provided lt is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced When a Clamage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion 1. of Coverage A, Section f is replaced by the following: g. "Bodily injury" or °property damage' arising out of the ownership, maintenance, use or 1. Damage To Property entrustment to others of any aircraft, "auto" "Property damage' to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading" any costs or expenses incurred by you, or Page 2 of 4 41I4iot-PlElnrao1�79�•UWN 4Q any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2a, of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another`s property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph t.f;t. of SUPPLEMENTARY PAYMENTS — (6) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bad bonds required are performing operations, if the "property because of accidents or traffic law violations damage" anses out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on if. Paragraph t.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", ' limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO!S AN INSURED(Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision &a. of WHO IS AN INSURED (Section 11) is IParagraph 6. of LIMITS OF INSURANCE (Section 111) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded S. Subject to S. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED"PROPERTY DAMAGE" der Coverage A for damages because of "property damage° to any one premises, while rented to you, or in the case of damage by fire, Exclusion a, of COVERAGE A (Section 1) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily Injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CQ 76 35 02 07 Page 3 of 4 EP EXTENDED DEFINITION OF BODILY INJURY Interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3, of DEFINITIONS (Section V) is replaced by the following: INCREA13ED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by bon M: your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2a, and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would x provide more coverage with no additional pre- c "location" means premises involving the same or mium, becomes effective during the policy period ' connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 GMMa•07-PRIMrOD{5497�DI8-0 i Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6D 1. SUBJECT: POLICE RECORDS MANAGEMENT SERVERS PURCHASING AGREEMENT WITH HEWLETT-PACKARD - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a purchase order with Hewlett-Packard for four (4) servers to replace the current Police Records Management Servers, pursuant to terms and pricing obtained by the State of Washington through a request for proposal process. 3. EXHIBITS: Price quotations 4. RECOMMENDED BY: Staff and IT Technical Services Manager Paul Dunn (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 IDISCUSSION: ACTION: I25 INFORMATION TECHNOLOGY Paul Dunn, Technical Services Manager Phone 253-856-4600 • Fax 253-856-4700 K E N T Address 220 Fourth Avenue S W n s H i N c r o N Kent,WA 98032-5895 April 1, 2008 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager THROUGH: Mayor Suzette Cook SUBJECT: Purchase Order Approval with Hewlett-Packard Company MOTION: I move that the Council authorize the Mayor to sign purchase orders for four HP servers for an amount not to exceed $26,000 to replace and upgrade the Police Records System Servers. SUMMARY: Authorize the Mayor to sign a Purchase Order with HP for four servers to replace the current Police Records Management Servers. jBUDGET IMPACT: Budgeted item out of the server replacement fund jBACKGROUND: The current servers are 5 years old and becoming expensive to maintain. The new servers will also allow the planned upgrade of the Police Records Management System. Project Component Budget Estimate ' 3 DL360 5 HP Proliant servers plus support $14,821 1 DL380 5 HP Proliant server plus support 8,724 Tax 2,096 Project Total $25,641 IAttachments: Quote from HP 27 i 1 Please make the P O out to Hewlett-Packard under the WSCA contract and fax the purchase order to Umsoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P O Box 101149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. i t I[hlg3 ONLINE PRICE QUOTATION Quote Number 1555240 Quote Name Today's Date 2/25/2008 6 1100 PM Quote Created Date 2/25/2008 6 09 48 PM Created By bonniea@unisoftnetworks coin Contract WA-STATE OF WASHINGTON (WSCAII) ( A63309-WA) Product availability and product discontinuation are subject to change without notice The prices in this quotation are valid for 30 days from quote date above Please include the quote number and contract from this quote on the corresponding purchase order ' Use the File-Print o hon to pont this form for Zour future reference 1• -Configurable- HP ProLiant DL380 G5-3 OOGHz High Base $6,973 00 1 $6,973 00 Performance Rack Server HP ProLiant DL380 G5 3 OOGHz High Performance 391835-HP2 Server Processor 2 Dual Core InteI8 Xeon©5160(3 OOGHz, 1333 FSB) Processors HP 4GB Fully Buffered DIMM PC2-5300 2X2GB Memory 397413-B21 Slim Line CD-RW/DVD-ROM 24X Combo Drive Option 331903-B21 Kit HP Smart Array P400/512 PCIe Controller 41 1 0 64-8 21 HP PCI-X/PCI-E Non-Hot Plug RISER Card 410570-1321 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-621 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-821 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21 " HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-1321 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-1321 HP Smart Array Cache Battery Kit(compatible with HP 383280-821 SA P400i w/256MB Cache or SA500) required with controller if ADG RAID is selected - 28 Power supply HP 1000-W Hot-Plug Power Supply Redundant power supply HP 1000 W Redundant Hot Plug Power Supply Redundant fan options HP Redundant Hot-Plug Fans Network card Embedded NC3731 Multifunction Gigabit Network Adapter HP Integrated Lights Out(ILO)Advanced Pack 1 Server 452141-621 License Server management Integrated Lights Out 2(iLO 2)Standard Management 2 HP 1 83m 10A C13-UL US Power Cords AF556A-XX2 Warranty HP Standard Limited Warranty-3 Years Parts and on- site Labor, Next Business Day HP Care Pack, 5 Years,4 Hours, 24x7, ProLiant DL380 U8084E $1,751 00 1 $1,751 00 Subtotal- $8,724.00 The terms and conditions of the WA-STATE OF WASHINGTON (WSCAII)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply 1 ! 1 ! • 29 RMS Application Server, TIPS Server, Browser Server Please make the P O. out to Hewlett-Packard under the WSCA contract and fax the purchase order to Unisoft Networks 425-968-1001 to process. Payment will be made to Hew lett-Packard Hewlett-Packard P.O Box 101 149 Atlanta, GA 31 193-1149 jDo not send your Purchase Order to this address as it is for payment only. iJ[hj i n v e n t ONLINE PRICE QUOTATION Quote Number, 1554954 Quote Name: Today's Date 2/25/2008 3 26 20 PM Quote Created Date 2/25/2008 3 25 43 PM Created By bonniea@unisoftnetevorks coin Contract WA-STATE OF WASHINGTON (WSCAII) ( A63309-WA) Product availability and product discontinuation are subject to change without notice The prices in this quotation are valid for 30 days from quote date above Please include the quote number and contract from this quote on the corresponding purchase order Use the Fiie-Print option to print this form for your future reference -- -- -Configurable-HP ProLiant DL360 G5 Server Base $3,877 01 3 $11,631 03 HP ProLiant DL360 G5 Server 399524-821 Dual Core Inter Xeon@ 5150(2 66GHz, 1333 FSB) _ 416577-1-21 Processor Dual Core Inter Xeon@ 5150(2 66GHz, 1333 FSB) _ 416577-B21 Processor HP 2GB Fully Buffered DIMM PC2-5300 2X1GB Memory 397411-B21 HP Smart Array E200028 Controller 399548-128 HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21 HP 146GS Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-1321 RAID 1 drive set(requires matching 2 hard drives) 339778-621 Network card 2 Embedded NC371 Multifunction Gigabit Network Adapters Power supply HP 1 u Server 700w Hot Plug Power Supply HP 1 u Server 700w Hot-plug Power Supply 399542-1321 Redundant fan options HP Redundant Fans PCI-X RISER Card _ 405154-1321 128MB BBWC(Battery-Backed Write Cache) Enabler 351580-1321 i 1 30 (for SA641, SA642 and E200) Sliml-ine DVD-ROM Drive(8x/24x) Option Kit 264007-B21 HP Integrated Lights Out(iL0)Advanced Pack 1 Server 452141-1321 License Server management Integrated Lights Out 2(il-0 2)Standard Management 2 HP 1 83m 10A C13-UL US Power Cords AF556A-XX2 Warranty HP Standard Limited Warranty-3 Years Parts and on- site Labor, Next Business Day HP Care Pack,5 Years,4 Hours, 24x7 ProLiant DL360 U8082E $1,063 00 3 $3,189 00 Subtotal $14,820.03 The terms and conditions of the WA-STATE OF WASHINGTON (WSCAII) will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply 1 1 i j Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6E 1. SUBJECT: SURPLUS AERIAL LADDER - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Fire Department to surplus a 1991 Pierce Lance Aerial Ladder (apparatus 734 VIN#000445), and to authorize the funds received from the sale to be deposited into the facilities account for fire maintenance shop renovations. The 1991 Pierce Lance 105' aerial ladder has exceeded its expected performance and has over 58,000 miles on its odometer. The Fire Department will be advertising this apparatus for sale in trade publications with an asking price of $89,900. tThe funds received from the sale of this apparatus will be placed into the Fire Maintenance Shop Renovation capital account, which will enable the department to assist Facilities with planned capital projects scheduled at different Fire Station locations. 1 3. EXHIBITS: None 4. RECOMMENDED BY: Fire Chief and Public Safety Committee 4/8/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? $89,900 Estimated Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6F 1. SUBJECT: GOODS AND SERVICES CONTRACT FOR PORTABLE RADIOS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the goods and services contract with Action Communications, Inc. in an amount not to exceed $490,000 for portable radios. The Fire Department requested and received from the Mayor a waiver, pursuant to KCC 3.70.080, of the City's bidding requirements for the purchase of portable radios. The Fire Department's existing portable radios have exceeded their life expectancy and the manufacturer has issued a bulletin informing users that it will discontinue supporting the radios in 2009. All radios must operate on the King County Regional Communication System and access to this system is governed by the King County Regional Communications Board (RCB). The RCB regulates the type of radio equipment that can access the regional system including manufacturer and models. Motorola is the only manufacturer that has been able I to meet the requirements to access the regional system and only its equipment can be used on the regional communication system. Action Communications, Inc. is the authorized dealer for Motorola brand radios. 1 3. EXHIBITS: Sole source authorization and Goods and Services Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 4/8/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? not to exceed $490,000 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: j FIRE DEPARTMENT Jim Schneider, Fire Chief Phone: 253-856-4300 KEN T Fax: 253-856-6300 W A 5 H I N G T O N Address: 24611 1161h Ave. SE Kent, WA. 98030-4939 February 21, 2008 To: Mayor Suzette Cooke Through: John Hodgson, CAO LFrom: Jim Schneider, Fire Chief Regarding: Single Source Procurement - Portable radios The City's Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. It has become necessary to replace the Fire Department's inventory of portable radios and related support equipment. The portable radios have exceeded their life expectancy and the manufacturer has issued a bulletin informing users that they will discontinue supporting the radios in 2009. Replacement components will not be manufactured. All of our radios must operate on the King County Regional Communication System and access to this system is governed by the King County Regional Communications Board (RCB). The RCB regulates the type of radio equipment that can access the regional system. This includes manufacturer and models. Radios will not function without access to the regional system. Motorola brand radios are the only manufacturer that has been able to meet the requirements to access the regional system and are the only equipment that can be used on the regional communication System. ' King County Communications negotiates the prices with Motorola for radio equipment purchased by the public agencies that access the regional system. The Fire Department would like to use budgeted funds to purchase replacement portable radios that are approved by King County RGB at the regionally negotiated 1 prices. By this memo, the Fire Department requests that you determine the bidding process usually required by KCC 3.70.030 and .040 is not possible and is not in the Memorandum Mayor Suzette Cooke February 21,2008 Page 2 best interests of the City. The purchase contract with Motorola will be brought before the Public Safety Committee and the City Council for approval. If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below. Thank you. I Suzette Cooke, Mayor Date I ' KENT 44 GOODS & SERVICES AGREEMENT between the City of Kent and Motorola, Inc. in care of Action Communications, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Action Communications, Inc. organized under the laws of the State of Washington, located and doing business at 12414 Highway 99, #14, Everett, WA 98204, 1-888-317-9121, Perry Wheeler (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Goods and Materials: Qty. Model Description 130 H18UCF9PW6N Portable Radio XTS5000 Model II 3x2 Keypad Display 850 Channels 764 - 870 MHz 130 Q241 Software Analog Operation 130 H38 Smartzone System Software 130 Q186 Impress Battery Option 130 H64 Housing Yellow 16 H18UCF9PW6N Portable Radio XTS5000 Model II 3x2 Keypad Display 850 Channels 764 - 870 MHz 16 Q241 Software Analog Operation 16 H38 Smartzone System Software 16 Q186 Impress Battery Option 4 H18UCF9PW6N Portable Radio XTS5000 Model II 3x2 Keypad Display 850 Channels 764 - 870 MHz 4 Q241 Software Analog Operation 4 H38 Smartzone System Software 4 Q393 Battery Impress NIMH FM Rugged 1700 MAH (NNTN 4437) 4 H64 Housing Yellow 4 H499 Submersible - 6 FT. 2 Hours (Rugged) i 1 GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2008 III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Hundred Ninety Thousand Dollars ($490,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: As invoiced upon receipt and acceptance of equipment. 1 If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City +� may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without r cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a iseparate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 1 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, Including WSST) The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under , this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. IThe provisions of this section shall survive the expiration or termination of this Agreement. IXII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [A] attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable ' to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. GOODS & SERVICES AGREEMENT - 5 (Over $10,000.00, including WSST) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written , consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) DATE: DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: , VENDOR: CITY OF KENT: Perry Wheeler Deputy Chief Ken Weatherill Action Communications, Inc. City of Kent 12414 Highway 99, #14 220 Fourth Avenue South Everett, WA 98204 Kent, WA 98032 1-888-317-9121 (telephone) (253) 856-4300 (telephone) 253-631-0977 facsimile (253) 856-6300 (facsimile) GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) APPROVED AS TO FORM: iKent Law Department I [In thls field,you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over $10,000 00, including WSST) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any i contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of , sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 1 CITY OF KENT ADMINISTRATIVE POLICY ' NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 tSUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating Icommitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. 1 Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. I2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 1 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 of 3 Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6G 1 1. SUBJECT: RE-SOLVE GIBBONS & RIELY, PLLC, REAL ESTATE APPRAISAL CONSULTANT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Re-Solve Gibbons & Riely, PLLC, consultant contract, in an amount not to exceed $25,000, for on 1 call real property appraisal services by Anthony Gibbons, MIA, in support of property acquisitions for public works projects, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Memorandum and Contract I4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds fDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 KENT' Fax- 253-856-6500 W ASH IN 0TON Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 25, 2008 ' To: Chair Debbie Ranniger and Public Works Committee Members I PW Committee Meeting Date: March 31, 2008 From: Larry R. Blanchard, Public Works Director Subject: Consultant Contract/Re-Solve Gibbons & Rielly, PLLC Move to recommend authorization for the Mayor to sign the Re-Solve Gibbons & Riely, PLLC consultant contract, in the amount not to exceed $25,000.00 for preparation of an appraisal for municipal purposes by 1 Anthony Gibbons, MIA, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Anthony Gibbons, MAI, will be responsible for preparation of an appraisal for municipal purposes. Services will begin on the tasks described above immediately upon the effective date of this Agreement; Consultant shall complete the trial appraisal within four (4) months, the remainder of the work to be complete by December 1, 2009. ' U IPWComm ftA4cftomPage12008103 3108 Special MtglSo-tckla d Coaleact 105 Bldg doc 40 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Re-Solve Gibbons & Riely, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Re-Solve / Gibbons & Riely, PLLC organized under the laws of the State of Washington, located and doing business at 261 Madison Avenue South, Suite 102, Bainbridge Island, WA 98110-2579 (hereinafter the "Consultant"). ' I. DESCRIPTION OF WORK. ' Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: For on-call real property appraisal services, to be performed by Anthony Gibbons, MAI, at the direction of the Director of Public Works in support of property acquisitions for public works projects. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty-Five Thousand Dollars and xx/100 ($25,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded ' without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at ' the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Between City of Kent and Re-Solve/Gibbons& Riely, PLLQ B. The Consultant shall submit monthly payment invoices to the City for work , performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the ' disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent , Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on , the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion , of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its , officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE ' INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF CONSULTANT SERVICES AGREEMENT - 2 (Between City of Kent and Re-Solve/Gibbons& Riely, PLLC) ' IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the ' Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. ' IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all 1 necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 1 B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. CONSULTANT SERVICES AGREEMENT - 3 (Between City of Kent and Re-Solve/Gibbon&Riely, PLLQ i i C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable r to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, r King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or , bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. , D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the , contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be r hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of r the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together r with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. r CONSULTANT SERVICES AGREEMENT - 4 (Between City of Kent and Re-Solve/Gibbons& Riely, PLLQ r H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable ' to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: 1 By. By: (signature) Print Name: Print Name: Suzette Cooke ' Its Its Mayor (Tale) DATE: DATE: ' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gibbons & Riely, PLLC Larry Blanchard Attn: Anthony Gibbons City of Kent 261 Madison Avenue South, Suite 102 220 Fourth Avenue South Bainbridge Island, WA 98110-2579 Kent, WA 98032 (206) 842-4887 (telephone) (206) 842-5082 (facsimile) (253) 856-5500 (telephone) 253 856-6500 facsimile APPROVED AS TO FORM: Kent Law Department P'\Civil\Files\OpenFiles\0177-2008\Resolve-Gibbons-ConsultantservicesAgreement doc ' CONSULTANT SERVICES AGREEMENT - 5 (Between City of Kent and Re-Solve/Gibbons & Riely, PLLC) DECLARATION , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. , As such all contractors, subcontractors and suppliers who perform work with relation to this , Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any ' contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding. , If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; ' The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of ' sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to ' all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. , By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: ' For: , Title: Date: ' EEO COMPLIANCE DOCUMENTS - 1 ' CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor ' POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and ' state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: ' 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. ' Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 1 CITY OF KENT f EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT f This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered , into on the (date) , between the firm I represent and the City of Kent. f I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity ' Policy that was part of the before-mentioned Agreement. Dated this day of 200_. ' 1 By: For: f Title: f Date: f 1 1 1 1 EEO COMPLIANCE DOCUMENTS - 3 f EXHIBIT "A" RESOLVE Real Estate Appraisal,Counseling& Mediation Contact Information 1 Name of legal entity with whom contract is written- Gibbons &r I2iel1 PLLC,dba RESOLVE 2 Principal Anthony Gibbons,MAI,CRE 3 Contact Information Anthony Gibbons,Principal Cell Phone (206)909-1046—forwards to direct dial office numbers Seattle Direct Dial (206)628-0885 Banbridge Direct Dial (206) 842-4887 Office Numbeis Julie Riely,Office Manager (206)855-0632 Stephen Shapiro, MAI (206) 855-1090 Stephen Matthews,Appraiser (206)780-7972 Adam Brenneman,Appraiser (206) 842-1334 Barbara Chusman, Researcher (206) 842-5155 Fax Number (206)842-5082 Office Address 261 Madison Avenue S, Suite 102 Bainbridge WA, 98110-2579 4 Tax Number; License Number Employei ID Number 91-1985701 Washington Business License 601 964 216 Fee Structure: Anthony Gibbons,MAI,CRE $250/hour Stephen Shapiro, MAI $200/hour Stephen Matthews,Appraiser $125/hour Adam Brenneman, Appraiser $100/hour Barbara Chrisman,Researcher $85/hour tThese hourly rates include all travel costs (Puget Sound Area only) and report production costs Necessary outside contracts (arclutects, engineers, etc)will be directed billed to the client, or added to the cost of the contract, depending upon the tvpe of sub-contact and what has been agieed upon with the client. If lodging or travel services are required outside the region, these costs will be additional RE+SOLVE EXHIBIT B , INSURANCE REQUIREMENTS Insurance ' The Contractor shall procure and maintain for the duration of the Agreement, ' insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. , Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: , 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services , Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from ' premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project ' Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured ' endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial ' Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's ' profession. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit , Tor bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no ' less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Exhibit B INSURANCE REQUIREMENTS - 4 ' 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. ' Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. ' 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of ' Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or ' suit is brought, except with respects to the limits of the insurer's liability. ' D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less ' than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Exhibit B INSURANCE REQUIREMENTS - 5 Kent City Council Meeting Date April 15, 2008 ' Category Consent Calendar - 6H 1. SUBJECT: STRICKLAND, HEISCHMAN & HOSS, INC., REAL ESTATE APPRAISAL CONSULTANT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Strickland, Heischman & Hoss, Inc., consultant contract, in an amount not to exceed $25,000 ' for preparation of a real property appraisal for property located in downtown Kent, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Memorandum and Contract ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 K E N T Fax- 253-856-6500 W"SHINGT°" Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 25, 2008 ' To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date. March 31, 2008 From: Larry R. Blanchard, Public Works Director Subject: Consultant Contract/Strickland, Heischman & Hass, Inc. Move to recommend authorization for the Mayor to sign the Strickland, Heischman & Hass,, Inc. consultant contract, in the amount not to exceed $25,000.00 for preparation of an appraisal for municipal purposes, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: James Hoss, MAI, will prepare a condemnation appraisal for municipal purposes. The appraisal is to be completed within three months, the remainder of the work to 1 be complete by December 1, 2009. ' U IPWCommnkeUcOonPoge12048103 3108 Speed MtgLRncklmd Cont l 105 Bldg doc WASHIN•GI KENTVN CONSULTANT SERVICES AGREEMENT between the City of Kent and Strickland, Heischman and Hoss, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Stickland, Heischman and Hoss, Inc. organized under the laws of the State of [Washington, located and doing business at 6419 Lakewood Drive West, Tacoma, WA 98467. 253-564-3230. Federal ID Number 91-1448320 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: James Hoss, MAI, will provide appraisal services regarding the fee estate as improved for the property located at North First Avenue and Smith Street. This is a continuation of work performed for the City under a prior contract for the purpose of valuing a leasehold on the subject property. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that the effective date of this Agreement shall be January 24, 2008. Consultant shall complete the work described in Section I as follows: appraisal to be complete within three months of execution of this Agreement, remainder of work to be complete by December 1, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed twenty five thousand dollars ($25,000.00.) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the effective date of this Agreement. The Consultant's billing rate shall be Two Hundred Fifty Dollars and xx/100 ($250.00) per hour, which rates is fully burdened. All sub-consultant costs and reimbursements will be at cost with no mark-ups. CONSULTANT SERVICES AGREEMENT - 1 (Between City of Kent and Strickland, Heischman & Hoss) (February 11, 2008) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Between Clty of Kent and Strickland, Heischman & Hoss) (February 15, 2008) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than r� Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. CONSULTANT SERVICES AGREEMENT - 3 (Between City of Kent and Strickland, Heischman & Hoss) (February 15, 2008) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. CONSULTANT SERVICES AGREEMENT - 4 (Between City of Kent and Strickland, Heischman & Hoss) (February 15, 2008) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Hoss, MAI Susan P. Jensen, Assistant City Attorney Strickland, Heischman and Hoss, Inc. City of Kent 6419 Lakewood Drive West 220 Fourth Avenue South Tacoma, WA 98467 Kent, WA 98032 (telephone)253-564-3230 (facsimile)253- 564-3143 (253) 856-5785 (telephone) Hoss@shhapp.com (253) 856-6770 (facsimile) APPROVED AS TO FORM: Kent Law Department P\Civil\Files\OpenFiles\0572\Consultant5erwcesAgreement-Hoss doc CONSULTANT SERVICES AGREEMENT - 5 (Between City of Kent and Strckland, Helschman & Hoss) (February 15, 2008) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: I For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on I the (date, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: i 1 EEO COMPLIANCE DOCUMENTS - 3 Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6I 1. SUBJECT: W & H PACIFIC, INC. AGREEMENT/S. 228TH STREET/BNSF GRADE SEPARATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the S 228`h Street/ BNSF Grade Separation Construction Management Consultant Agreement with 1 W & H Pacific, Inc, in the amount of $1,082,807, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. Bridge construction requires specialized (structural) construction inspection that is outside the current expertise of the Kent Construction Management work force. Proper oversight and documentation for various aspects of the work is necessary ito meet federal requirements. i i 3. EXHIBITS: Public Works Memorandum and Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? ICurrently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i ' DISCUSSION: ACTION: i ' PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 • Fax 253-856-6500 KENT WnSMINGTOH Address 220 Fourth Avenue S. Kent, WA 98032-5895 i Date: March 21, 2008 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: March 31, 2008 I From: Peter Tenerelli, Construction Manager Through: Larry Blanchard, Public Works Director Subject: South 228th Street/BNSF Grade Separation Construction Management Consultant Agreement 1 MOTION: Move to recommend authorization for the Mayor to sign the South 2281h Street/BNSF Grade Separation Construction Management Consultant Agreement with W & H Pacific, Inc., in the amount of $1,082,807.00, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The City, along with a design consultant designed a new bridge and roadway that traverses over the Burlington Northern and Sainte Fe Railroad tracks on South 228th Street, east of 76th Ave South. Bridge construction requires specialized (structural) construction inspection that is outside the current expertise of the Kent Construction Management work force. In addition, this project is partially funded with Federal Highway Administration (FHWA) funds and as such is subject to specialized federal rules for material testing, inspection, construction documentation and reporting, and contractor oversight. If proper oversight and documentation for various aspects of the work does not meet federal requirements, federal funding for that work may be withdrawn from the project. iStaff feels that in this case it is in the best interests of the public to engage experts in the field of federally funded bridge projects in order to avoid any discrepancies that would jeopardize prompt reimbursement to the City. U T WCommMt \AchonPag%03 3109 S 228 Grade Sepantom Contract doc 8 Consultant/Add ress/Telephone Local Agency W& H Pacific Standard Consultant 3350 Monte Villa Parkway Bothell, WA Agreement Richard Contact: Sam Richard ®Architectural/Engineering Agreement ❑ Personal Services Agreement (425) 951-4860 Agreement Number Project Title And Work Description LA 5632 S. 228th St. BNSF Grade Separation Federal Aid Number DEMO-1216 (001) Provide construction management,materials testing and inspection and project oversight. Agreement Type(Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % ®Yes ❑No 02 _ ZOverhead Cost Method Federal ID Number or Social Security Number ❑Actual Cost 20-3966470 Do you require a 1099 for IRS? Completion Date ❑Actual Cost Not To Exceed % ❑Yes ®No December 31, 2010 ❑ Fixed Rate % Fixed Fee $ Total Amount Authorized $ 1,082,807.00 ®Specific Rates Of Pay ❑Negotiated Hourly Rate Management Reserve Fund $ ®Provisional Hourly Rate Maximum Amount Payable$ 1,082,807.00 ❑Cost Per Unit of Work Index of Exhibits Exhibit"A"-Scope of Work Exhibit`B"-DBE Participation Exhibit"C"-Electronic Exchange of Engineering and Other Data Exhibit"D"-Payment(by Agreement Type) Exhibit"B"-Consultant Fee Determination Exhibit"F"-Breakdown of Overhead.Cost Exhibit"G"-Subcontract Work/Fee Detemunation Exhibit"H"—Title VI Assurances Exhibit"I"—Payment Upon Termination of Agreement Exhibit"J"—Alleged Consultant Design Error Procedures Exhibit"K"—Consultant Claim Procedures Exhibit"L"—Liability Insurance Increase Exhibit"M"—Certification Documents THIS AGREEMENT,made and entered into this day of , between the Local Agency of City of Kent Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-080 EF Page 1 of 8 Revised 6/05 11 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been, at any time during the pcirod of the contract, in the employ of the United States Department of Transportation, or the STATE,or the AGENCY, except regular ly retired employees, without written consent of the public employer of such person. Vill Nondiscrimination During the performance of this contract, the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to termmate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate If the accumulated payment made to the CONSUUTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. - Page 4 of 8 � In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual iz i costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work ougmally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the woik required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously j In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the paitneiship, termination of the corporation, or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the tei ms of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desue to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY, without additional compensation thereof. 1 Should the AGENCY find a desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT,provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shalt be subject to de novo judicial review If the parties to this AGREEMENT mutually agiee,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction 1 In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located.The parties hereto agree that all questions ' shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSUL;PANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. i Page 5 of 8 13 XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law of equity arising m whole or in part from the CONSULTANT'S negligence of breach of any of its obligations under this AGREEMENT,provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents,officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE, their agents,officers and employees, this indemnity provision with respect to(1)claims or suits based upon such negligence (2)the costs to the AGENCY or the STATE of defending such claims and suits shalt be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42 23, which is the Code of Ethics for regulating contract interest by municipal officers The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state mdustiraL insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any, on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration By providing such assistance,the CONSULTANT shall assume no responsibility for. proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage The per occurrence amount shall not exceed one million dollars($1,000,000). C Vehicle liability insurance for any automobile used in an amount not less than a one rmllion dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be lmuted to the amount payable under this , AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 14 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the oider,or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the(1)maximum amount payable, (2)delivery or completion schedule, or both,and(3)other affected terms and shall modify the AGREEMENT accordingly C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM',under this clause within thirty(30)days from the date of receipt of the written order However, if the AGENCY decides that the facts justify it,the AGENCY may ieceive and act upon a CLAIM submitted before final payment of the AGREEMENT D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from pioceedmg with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific wutten supplement to this AGREEMENT I XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Depaitment of Transportation shall have the right to participate in the review or examination of the work in piogress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "M-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Pt mary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data Exhibit"M-3"is required only in AGREEMENTS over 1 $100,000 and Exhibit"M-4"is required only in AGREEMENT'S over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for, any statement,representation,promise or agreement not set forth herein.No changes,amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained m the proposal, and the supporting material subrmtted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof Page 7 of 8 is In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1)of this AGREEMENT By 6y Consultant Agency DOT Forth 140-089 EF Revised M5 Page 8 of 8 I16 Exhibit A-1 Scope of Work Project No LA 5632 See attached— _- -- i -- - IDocuments To Be Furnished By The Consultant i I - - 1 - - t DOT Form 140-089 EF Exhibit A-1 Revised 6105 'A- 1 17 SCOPE OF SERVICES Construction Management Services South 2281h Street Grade Separation at BNSF Railway Consultant will provide professional Construction Management Services(CM Services)for the City of Kent (City) These services will include consultation, contract administration, field observation, documentation, and reporting as required during the construction of the City's project All services will be provided in accordance with Washington State Department of Transportation's Local Agency Guidelines and Construction Manuals 100—PROJECT MANAGEMENT Task 101 —Administration of the CM Agreement Provide overall project management, project oversight, coordination with the City, monthly progress reports, and invoicing. This effort specifically includes the following: a) Develop and follow reporting and invoicing procedures specific for CM Services for this project, and review and adjust procedures as may be requested by City Prepare monthly report that will provide a construction status to the City and other involved parties The monthly report shall contain, at a minimum, the following- 1 Status of contractor's schedule and what the contractor is doing to maintain or catch up if the schedule has slipped While the focus will be on critical path items, other items that might become critical will be discussed in the report 2. Cash flow projections for both the contractor and construction management team 3 Potential issues, pending change orders and executed change orders. 4. Photographs to show construction activities and for clarity on special issues 5 Other information deemed necessary for the City to have a concise understanding of the project b) Scope and prepare subconsultant agreements, and monitor level of resources and other consultants, advising City of adjustments necessary to perform the services c) Review Consultant's monthly expenditures, and prepare and submit invoices and monthly a nrnnrgc ronnrf oufl;n,^^ ^, , rnn . _ ..r..... . y , a,)vi vm ai.UVlucJ to llilV d) Perform reviews of inspection team operations and documentation for compliance e) Develop a procedures manual that is tailored to the project, City and federal requirements. 200— PRECONSTRUCTION SERVICES Task 201 —Review of Plans, Specs and Estimate Perform plan review including the following tasks a) Conduct a brief site visit to acquaint Consultant project team with the site b) Review bid documents to familiarize team with the project and to gather information for building documentation and tracking systems Task 202—Preparation for Construction Prior to preconstruction, the Consultant shall: a) Develop the Pay Item Ledger, Master Submittal List, prototype of monthly report, and other reports and documentation in accordance with the LAG Manual b) Customize project and document control procedures as needed or directed by the City �__l,v+ngrainnl_•rbng_ r n/O La rl srrliny 4'rrrn in,,v y Inlerm I FJN, KAA1 1WH�o �rirloi rinrP lCrlyo7 f of Jr 18 Task 203 —Preconstruction Services a) Prepare the communication plan. b) Attend the project startup meeting with the City staff to establish clear and good communication methods during construction c) Consultant will walk the project to record existing conditions Project conditions will be logged, videotaped, and still photographs will be taken d) Organize and lead the preconstruction conference, including preparing and distribute notices, prepare the agenda, conduct the meeting and prepare and distribute meeting notes to attendees and affected agencies 300 —CONSTRUCTION PHASE SERVICES Task 301 —Construction Services—Contract Administration a) Act as Owner's Representative with the City, contractor, designer(s), appropriate agencies, property owners, and utilities b) Maintain orderly files at the project site and on-line a copy of the contract documents, project approvals, materials compliance, shop drawings or submittals, RFls, correspondence, public contact log, case log and other project related documents c) Review the contractor's proposed CPM schedule for constructability and contract compliance. Monitor the contractor's conformance to schedule and request updates outlined in contract and as necessary Advise City of requested schedule changes. Coordinate with contractor to I facilitate schedule and coordinate third party utility work schedules for compat.bdity. Consultant will review contractor's schedule against allowable working days, indicating key utility coordination dates, procurement periods for fabricated items, and intermediate milestones d) Lead weekly progress meetings with the Contractor, including preparing City pre-briefing, meeting agenda, meeting notes, task assignments, and distributing copies of meeting notes to attendees. Track outstanding issues on a weekly basis e) Shop Drawings/Submittal Review Review or cause to be reviewed shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for general conformance to the contract documents Such review is not intended as an approval of the 1 submittals if they deviate from the contract documents or contain errors, omissions and InrnnciOanriac nnr is It infnnrlerj fn rnhr wn fh. f 4ho.r f,.11 rec nnn� hLhr fir Contract pertormance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the contract requirements Consultant will track and submit submittal logs at each coordination meeting Follow up on all submittals that are nearing the end of the review period Question contractor regarding re-submittals that either have been rejected or require additional information before I the submittal may be approved for inclusion in the work The following steps will be followed in reviewing the contractor's submittals. 1. Log submittals by bid item and specification number. 2. Ensure the contractor has provided a complete submittal, it has been coordinated with other trades and all deviations have been noted Submittal is returned to the contractor if it is not complete 3 Construction Manager continues review for general compliance with the specification. 4 Submittal is forwarded to designer for formal review and acceptance 5 Track the submittals to verify timely response Submittals held longer than 14 working days by the designer will be followed up with a telephone call to the designer 6. Submittals are returned and the submittal status is logged into Contract Manager 1 7 Submittals are returned to the contractor for use in work. C'Dnrmurnit gnrl Srll,r��b nc rHL Cx.�I SrlLnrlJ rvrrrpornry lntr rma Frl•s iOLh448 VVH t nne22Jdor rWcR 1Qfy of K&,#Q000001&m,0F 2280 Shee11WH 5uyrc22FJa6alOo 2 of 5 19 8. Inform contractor if a resubmittal is required f) Respond to requests for information (RFIs) Provide technical interpretations of the drawings, specifications, and contract documents, evaluate requested deviations from the approved design or specifications, or forward to appropriate party for Interpretation and/or evaluation. g) Change management Consultant will evaluate entitlement, and prepare scope, Impact, and independent estimate for change proposals. Facilitate resolution of change orders and document same h) Monthly Pay Requests Prepare monthly requests on behalf of the City for contractor payment i) Evaluate Contractors' Schedule of Values for lump sum Items Review the contract price allocations and verify that such allocations are made in accordance with the requirements of the contract documents j) Assist the City in preparation of applications for permits which are deemed necessary for construction and which were not obtained during the design phase of the project k) Assist the City in the documentation and investigation of malfunctions, failures, or accidents during construction. 1) If requested, assist the City with media communications of project status. The Consultant will assist with City provided media releases and traffic advisory updates with City and other public outreach staff assigned to the project m) Maintain a set of drawings with changes observed by the inspector, and use to check against the Contractor-prepared record drawings. n) Establish and maintain document retention and tracking system, compatible with City requirements Log in and out, and maintain files on, RFIs, submittals, correspondence, meeting notes, and project documents Consultant will use a Primavera web-based contract manager with a file index for tracking all documents o) Obtain FHWA 1391 from contractor each August and prepare and submit 1392 to Local Programs p) Receive and review certified payrolls from the contractor and each of its subcontractors. Check for the Statements of Compliance Spot-check wages of each classification of laborer or craftsperson Notify contractor and City of all discrepancies and/or errors and request a corrected certified payroll nl !-rindl ltant W111 nrnvlria a final project rennrt that nnnfcynte the fnlinW nn• • Names of all organizations involved with the projects. • Chronological history of the construction effort, to include all significant dates • Contract amounts at bid time with all other bids in tabular form • Change order history, to include summary statement about each change and negotiated cost of each change • Summary of requests for information. • Summary of outstanding claims not resolved when the Notice of Completion is filed • Summary of final contract amount • '+Lessons learned" r) Compile and convey final project records, transferring to the City for archiving at final acceptance of the project Task 302 —Construction Services—Field a) Provide the services of one full-time inspector, one full time resident engineer and supplemental assistants as needed, on the project site to observe technical conduct of the construction, including providing day-to-day contact with the Contractor, City, third party utilities, and to monitor for adherence to the contract documents. C'rJne+n++r nh +nil A lwy�,Ir.n��rel)ry rn dl 5•+IUn+_t Ts+mpnniv l+rlonn•I Ruo,IOLKa4(3'iMi s,,,):22Wot tlocP tCtly o(KEnIt000(IOOSotrOt 228lb SNee11WH5copB82&fu�,Yu�3 of 5 20 b) Observe and document the placement of materials. Measure the quantities of materials installed. c) Prepare daily construction reports, recording the construction contractors' operations, prepare documentation of completed work, and other items d) Decide and record questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor e) Respond to related questions from adjacent property owners and the general public f) Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable g) Prepare field records and documents to help assure the project is administered in accordance with funding agency requirements h) Provide pre-construction and then periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. i) Upon substantial completion of work, coordinate with the City and [other] affected agencies, to perform a project inspection and develop a 'punch list' of items to be completed. j) Prepare Certificate of Substantial Completion for signature by the City k) Coordinate materials tests, laboratory tests, equipment inspections, surveys and tests during the work Coordinate the work of the resident inspector(s) and testing laboratories in the observation and testing of materials used in the construction, document and evaluate results of testing, and address deficiencies I400— DELIVERABLES a) Communication Plan b) Construction Management Plan c) Preconstruction Conference Agenda d) Preconstruction and construction photos e) Daily Reports f) progress meeting notes g) Monthly construction progress reports hl Prannra rnntrartnr nav Pctimatac for ginnatiira and nmrPgGmn by the City i) Testing and lab reports when necessary, 1 j) Red-lined "as-built" construction plans, k) Final records and close-out documentation 1) Cash flow projections I m) Project photographs and video n) Change orders with all backup documentation 500—ASSUMPTIONS a) Budget 1 Staffing levels are anticipated in accordance with the attached budget estimates (Exhibit A) 1 and anticipate i One full-time field with vehicle and cell phones ii One resident engineer, with vehicle and cell phone iii One construction project manager supporting the project C'Dn rnvrtls dnd SNlrn�h,rari NTLor.d S+llrnmiTr•rrmnn•ry lnlerrwl Al•slpl KAAR'LVFf vorW227kh+r rIxPICnyNKenl�b1N10001Soulh 22Jth SlreellWH srnpn22Flec Mrc 4 OP S , iv. One contract administrator supporting the project full time zi v. Assumed overtime, and wrap up time is included 2 The hourly rates in the budget are based on work being performed thru 2009. b) City to provide the following items and services- 1 Field office,furniture, office telephones, fax and copy machines and supplies, other office equipment and all necessary utilities as needed. 2. Owner or Owner's designee will review shop drawing, RFI's, design changes, and final record drawings 3 Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Protect 4 Construction survey Provide survey and staking that is not already assigned to the construction contractor Specifically. protect control, one time, and construction staking 5. If necessary, geotechnical and/or environmental support for unsuitable and/or contaminated soils. 600 — SUBCONSULTANTS Consultant will have the following sub consultants: • Harris and Associates for performing construction management and inspection • Geo Engineers for inspection of stone columns and shafts • Jason engineering for material testing • Systems consulting for schedule review 700 — SCHEDULE It is anticipated the contract will run for 20 months starting May 1, 2008 The contract has 320 working days Whp budget based on 320 working days 800 —ADDITIONAL SERVICES , The services described under this task, and any other additional services requested by the City, will be performed only when authorized by the City Authorization to perform additional services will be in the fori, of u Cuppi�,i, nt t,thi ^.grccmcnf, pc^;f\yin^y the rk tv pevrYi �, nil hu)i of p4yment C Din unN_nl_,uiA samosWlNno-re7(dLwal S.dnn,�s'irm�o�,+ry lnh;,nel fdnslOLKAABIWH sEui»2^fkfordxPlGrty olKenf1000900�Snufh 228th S7raeflWN-srape228AnrtlncS of 5 i■► Washington State Disadvantaged Business � WI/ Department of Transportation Enterprise Utilization Certification (Optional - Use only when DBE Consultant is Utilized) To be eligible for award of this contract the bidder must fill out and submit as part of its bid proposal,the following Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise(DBE) requirements The Contracting Agency shall consider as non-responsive and shall reject any bid proposal that does not contain a DBE Certification which properly demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract If the bidder is relying on the good faith effort method to meet the DBE assigned contract goal, documentation in addition to the certificate must be submitted with the bid proposal as support for such efforts The successful bidder's DBE Certification shall be deemed a part of the resulting contract Information on certified firms is available from OMWBE,telephone 360-753-9693 certifies that the Disadvantaged Business Enterprise Name of Bidder (DBE)Firms listed below have been contacted regarding participation on this project If this bidder is successful on this project and is awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an"Amount to be Applied Towards Goal" is listed (If necessary, use additional sheet ) Project Role * Amount to** Name of DBE (Prime,Joint Venture, be Applied Certificate Number Subcontractor, Description of Work pp Manufacturer, Regular Towards Goal Dealer,Service Provider) 1 L 2 4 ' 6 j 7— - — 9 10 Disadvantaged Business Enterprise Subcontracting Goal DBE Total $ 1 * Regular Dealer status must be approved prior to bid submittal by the Office of Equal Opportunity, Wash State Dept of Transportation,on each contract ** See the section "Counting DBE Participation Toward Meeting the Goal"in the Contract Document *** The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal In the event of an arithmeti difference between this total and the sum of the individual amounts listed above,then the sum of the amounts listed shall prevail an the total will be revised accordingly DOT Form 140-069 EF Exhibit B-1 (DOT Form 272-056 EF Revised 7107 Revised 7107) 23 t Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The forinat and standards to be provided may include, but are not limited to, the following I. Surveying, Roadway Design&Plans Preparation Section A. Survey Data B Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Seivices and Information Is to Be Provided , Il. Any Other Electronic Files to Be Provided 111. Methods to Electronically Exchange Data A. Agency Software Suite B Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 i24 Exhibit D-4 Payment (Provisional Hourly Rate) ' The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as ptovtded hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor,niatetials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1 Hourly Rates- The CONSULTANT shall be paid by the AGENCY for work done based upon the provisional hourly rates shown in Exhibit"E" and"F" attached hereto and by this reference I made part of this AGREEMENT. The actual hourly rates will be determined by an audit of the CONSULTANT'S last completed fiscal year and/or their current projected fiscal yeai The provisional and/or audited rates listed shall be applicable for the first twelve (t2) month period and shall be subject to negotiation for the following twelve (t2) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12)month periods within ninety(90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized The rates are inclusive of direct salaries,payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. In the event re-negotiation of the hourly rates is conducted,the AGENCY reserves the right to i audit for anv change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the re-negotiation accoldmgly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments 2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT These charges may include, but are not limited to, the following items. travel, printing, long distance telephone, supplies, computer charges and sub-consultant costs. a. Subconsultant costs will include a Sub-Consultant Oversight mark-up of 4% as allowed in accordance with 48 CFR 31 2 Subconsultant costs including Oversight ' Markup must be itemized on the Subconsultant Fee Determination- Summary sheet attached as Exhibit G-1 I b Air or tram travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, tram, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31 205-46 "Travel Costs " c. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d. The CONSULTANT shall maintain the original supporting documents in their office Copies of the original supporting documents shall be supplied to the AGENCY upon request. DOT Form 140-089 EF Exhibit 0-4 Revised 8/07 25 ' c. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s) shall be in wilting and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT This fund may not be replenished Any changes requiring additional costs In excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."4. Maximum Total Amount Payable- The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work"No minimum amount payable is guaranteed under this AGREEMENT ' 5 Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit"E"including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews These interviews may consist of recording the names, titles, salary rates, and present duties of those employees perforining work on the PROJECT at the time of the interview 6. Final Payment- Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in witting and transmitted to the AGENCY by the r CONSULTANT prior to its acceptance Said Final Payment shall not, however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing willl not constitute agi cement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. r 1 r I7. Inspection of Cost Records The CONSULTANT and then sub-consultants shall keep availabl26 for inspection by repiescntatives of the AGENCY, STATE and the United States, for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception if any litigation, claim or audit arising out of, in connection with, or related to this conttact is initiated before the expiration of the three(3)year period, the cost records and accounts shall be ictatned until such litigation, claim, of audit involving the records is completed. I 1 27 , Exhibit E-2 Consultant Fee Determination - Summary Sheet r (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @ % @ % Per Hour See attached -- t t I 1 1 1 DOT Form 140-089 EF Exhibit E-2 Revised 6105 ' 28 '~=°1''o own N O1 h I� N CD co .y Z of .- vl O p c ao Q w co Or' CD o 'n Ztn000� -' �N worm co N' CO O w N o o W p a ui u.0 y 0' ✓s n. p " co JU 4A M CD M K v '^ wco co ^l N ' F- NY"ry LU QD p -r �O „;r tea`' ? '9;ti C N LU LL ati _ x W r, w c u F' to Ln o t- a,o ' ma O o 'Z O o ai o ,Q .= O d Q W W — �— LU to m CD ul W F�;] dg m o 4 Z o•w o m w w z E Lu � CIA Qo , twin vo J Do U) - Z C r 14 U b c a! E V� z0 aa' c O c v 0 Z A O 0 9 V1 L4. Z C C U =n V O �. '' O m „� p s•+ ZY UO ° � ° , , a E oQu =cc � N Za W c of m m 0�6 oz Sd E V _ - != > FL C) co LLl U Y 0 N M 7 p N M Z 0 N C o m U - Z 0 0 0 0 �j N N oN a E 1 m w ai o U i 29 ' m w @ao 0 o c N � � !� 00000 00 0 E E T O (n co c a o T m _ c u7ovo ri o n o N — o — � N ooN (Doh e» cc N �+ 3 O N O L 3 a w @ � s_ L C O T (D C W a7 (D 3 0 + N -p O) O W a) Q) V7 L e O r Lo N V• M M c C a) p C o o c o 3 a c 4 E o a) p oD CO oo rn T M o p ° � 2 --5 roc m m "0 E a 5 t-- o ` � CO » `E fl t N m o Y � 0 3 -E M Cr o � o �, a E U c c o c a) (n o) m > to o N m c coo d c 3 5 m o o c o N m ca o B CD a) a) vt car N nm a ) O a) O O �--CD V) N 0 O o� co M a � 0 CD N � 0) E � C) Exa � � CL N ` O C N — Q V) C 91 d p @ ca o U W o cn aD o � [ N T W N �" O Q _ CN ` O d' U 7 >` a) >• 64 69 ER N a) cD a) U Qi O 'O O C co 'J D_ O E °' L7. dx a) CD d E 0 Ln w 3 E cca t o (o � s o aEi m O co o o o NLO 00 (N G 0') m 00) 0n co CDc0D (0D � O Z O a Q) Gq ul� CO ' N �C�1� c�i coD coD c�i co co co co CD a) co UI) co �y co T T T O YV' L) O 3 3 O 69 O -� } 4 w O �••� co co (O cD � M � h h � � G T T r C) T T T m O O (D 0 0 O D) fO _ #na Q o �.. N �j Uyl T O LO ^ h r' (N 'O V T T T T N 64 V) () Q O co h 1� co LO M co0 (co co (D VI O 0 0 0 Z >1 CDT T T I T T T T N 0 aJ (D LO m 0 .0 a r2 0 E N N N 0 co 0 ON (D CO (D (n C h fh0 tf) O M h h I �/V O M (D CO cc C � U LL 'Co N 0 0 0 (f) O N O O O (n m O CO M Cc 00O CO CO 0 (D O O O O Vt h T > CL LL Z r oO O 00 0) O (n O N Ct fI-` CA CD r a O O M co 9 (D O M N -I- h In Q U c— +�+ a 7 O C o •V CO 00 N CO0) t!1 O N CO OO co to O O O CO M O a) O M 00 CC) CO 6�9 Q c J J O J O R m 0 N C C (a a a c a p c a p O o o = ( Fo C9 c c Ch _ c c - = c (a U C) (n U O > v o U g a) z o u � a� .. 2 o o m °2S W c co U c a = ca U U M V c ca = ca V ca V c ca = (a V u J ` E c U aD a a a -` v a aD a a a a o = L E = Im c o = � E = a� = � � o = � E = a) = ui v a 1 30 Exhibit F Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor IOverhead Expenses FICA Unemployment ' Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension ' Total Fringe Benefits General Overhead. State B&O Taxes ' Insurance Administration & Time Not Assignable ' Printing, Stationery&Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues& Professional Meetings Utilities& Maintenance 1 Professional Development Rent Equipment Support Office, Miscellaneous & Postage 1 Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead/ Direct Labor) DOT Form 140-089 EF Exhibit F Revised 6/05 31 ' Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1 Compliance with Regulations- The CONSULTANT shall comply with the Regulations relative to , non-discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT , 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or nationall origin in the selection and retention of sub-consultants, including procurement of mateuals and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the disetnnmatton prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment- In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be pet tot mod , under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The CONSULTANT shall provide all information and reports required by the , REGULATIONS or du ectives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of in formation, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5 Sanctions for Non-compliance- In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT , sanctions as it, the STATE or the FHWA may determine to be appropriate, including,but not limited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation,termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised W5 32 6. Incorporation of Provisions- The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, oc directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, ' litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States k 33 ' Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) 1 Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall ' total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra r work completed Cost Plus Fixed Fee Contracts ' A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is r to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts r A final payment shall be made to the CONSULTANT for actual hours charged at the time of tennmation of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts r A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. , r r r 1 r r DOT Form 140-089 EF Exhlbrt I Revised W08 ' 34 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care In addition, it will establish a uniform method foi the resolution and/or coat recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 —Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the 1 potential design error(s) For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been ' as directly involved in the project, to be responsible for the remaining steps in these procedures) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) ' After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs,records of labor, materials and equipment. Step 3 —Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regal ding the alleged design eri of(s) and the magnitude of the alleged 1 error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the cane, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design enor took place The agency is to provide H&LP,through the Region DOT Form 111-089 Er Exhibit) Revised 6105 35 ' Local Pi ograms Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No ' further action is required • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design enor(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5 Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded ' through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA H&LP will meet with representatives of the agency and the ' consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement • If mutual agreement is reached,the agency and consultant adjust the scope of work , and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. r 1 36 1 Exhibit M-1(a) Certification Of Consultant Project No. LA 5632 1 Local Agency 1 I hereby certify that I am and duly authorized representative of the firm of W &H Pacific whose address is and that neither I nor the above 1 firm I here represent has: i (a) Employed or retained for a corminission,percentage,broker age, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; 1 (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT, or 1 (c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any), I acknowledge that this certificate is to be available to the Washington State Department of 1 Transportation and the Federal Highway Administration, U S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil 1 Date Signature 1 1 1 1 1 1 1 DOT Form 140-089 EF Exhibd M-1(a, Revised 6105 37 ' Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent ' Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to. (a) Employ or retain, or agree to employ to retain, any firm or person; or , (b) Pay, or agree to pay,to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind, except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of , Transportation and the Federal Highway Administiation, U.S Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway hinds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature ' 1 DOT Form 140-089 EF Exhibit M-I(b) Revised 6105 ' 38 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency, B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a pubhe transaction; violation of federal or state antitrust statues or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen piopetty, C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ' (federal, state, or local) with conmmssion of any of the offenses enumerated in paragraph(I)(B) of this certification; and ' D Have not within a three (3)year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. IL Where the prospective primary pai ticipant is unable to certify to any of the statements in this ' certification, such prospective paiticipant shall attach an explanation to this proposal. Consultant(Firm): W &H Pacific (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 ' Revised W05 39 ' Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her 1 knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, , to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member , of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Fedetal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, , or cooperative agreement 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for ' influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract, giant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance ' with its instructions This certification is a material representation of fact upon which reliance was placed when this ' transaction was made of entered into. Submission of this certificatton is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall , require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): W&H Pacific (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6105 40 ' Exhibit M4 Certificate of Current Cost or Pricing Data ' This is to certify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in suppoit of are accurate, complete, and current as of ** This certification includes ' the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm W&H Pacific Name Title ' Date of Execution*** * Identify the proposal, quotation, request fot price adjustment, or other submission involved, giving the appropriate identifying number (e g, RFP No) ' ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month, and year of signing, which should be as close as practicable to the date when the In negotiations were concluded and the contract price was agreed to t DOT Form 140-089 EF Exhibit M-4 ' Revised 6105 41 ' Supplemental Signature Consultant/Address/Telephone ' �,�, & x Pacific Page for 3350 Monte Villa Parkway Standard Consultant Bothell, WA 98021 , Agreement Contact: Sam Richard Agreement Number Protect Title And Work Description ' LA 5632 S. 228th St. BNSF Grade Separation Federal Aid Number ' DEMO-1216 (001) Provide constriction management, materials Local Agency testing and inspection and project oversight. City of Kent THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first ' above written CONSULTANT LOCAL AGENCY By -- - - By — Consultant _ Agency By -- By Consultant _ Agency ' By Agency By Agency DOT Form 140-089 EFAppendlz31 910 Revised 6/05 , Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 61 1. SUBJECT: TRANSIT NOW SERVICE PARTNERSHIP AGREEMENT WITH KING COUNTY METRO TRANSIT FOR ROUTE 153 ENHANCEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Transit Service ' Direct Financial Partnership Agreement with King County Metro Transit and the City of Renton, in the amount of $72,310.89 per year for five years, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director This new transit service has been happily anticipated by a number of Commute 1 Trip Reduction (CTR) employers who are located near 84th Avenue South/East Valley Highway. It will also further the City's goals of providing multi-modal transportation opportunities in all sections of the City, providing congestion relief ' during more hours of the day in a busy urban corridor, and linking two growing urban areas, downtown Kent with downtown Renton. 3. EXHIBITS: Public Works Memorandum and Contract ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ' 43 ' PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 WAS H IN0-ON Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 21, 2008 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: March 31, 2008 From: Cathy Mooney, Senior Transportation Planner Through: Larry Blanchard, Public Works Director Subject: Transit Now - Service Partnership Agreement with King County Metro Transit for Route 1S3 Enhancements Move to recommend authorization for the Mayor to sign the Transit Service Direct Financial Partnership Agreement with King County Metro Transit and the City of Renton, in the amount of $72,310.89 per year for five years, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: On November 7, 2006 the voters of King County passed the Transit Now Initiative to increase the sales tax for metro bus service and expand bus service in the County by 15 - 20% over the next 10 years. One element of Transit Now allows private companies or individual cities to enter into financial partnerships with the County to initiate new transit service or to enhance existing transit service. By splitting the cost of new bus service, the city and the county can get this service online sooner than it would be possible otherwise. In some cases it simply would not happen otherwise. This is one of those financial partnerships. In this case, the City of Kent and the City of Renton are collaborating on the minimum contribution of one-third financial match in order to increase the service on this route from "peak only" to "all day" service. City of Kent Contribution = $72,310.89 City of Renton Contribution = $72,310.89 King County Metro Contribution = $289,243.56 Total Cost of the new Service = $433,865.34 There is no new effect to the City budget. This amount has already been approved in the 2008 budget. This is project #43 in the adopted 2008-2013 Six Year Transportation Program. ' This new transit service has been happily anticipated by a number of CTR employers which are located near 84th Avenue South/East Valley Highway and we expect that it will be appreciated by patrons of the Great Wall Shopping Mall. It will further the City's goals of providing multi-modal transportation opportunities in all sections of our City, help provide congestion relief during more hours of the day in a busy urban corridor, and links two growing urban areas, downtown Kent with downtown Renton. U APWCommiulNamnPagV03 31 09 S 229 Grade Scparahon Comraci doc 44 TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT BY AND BETWEEN KING COUNTY AND THE CITIES OF RENTON AND KENT,WASHINGTON THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT(the "Agreement") is made by and between King County, a political subdivision of the State of Washington and home tole charter county with broad powers to provide public transportation within the County's geographic boundaries, by and through the King County Department of Transportation, Metro Transit Division(the"County" or "Metro Transit')and the cities of Renton and Kent(both Washington municipal corporations)("Service Partner,"whether one entity or multiple entities),all of which entities may be referred to heremafter individually as"Party" or collectively as the "Parties" WHEREAS, in September 2006 the King County Council adopted Ordinance 15582,the Transit Now ordinance, directing the submission of a proposition to King County voters to fix and impose an additional sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public transportation system and a variety of transit service improvements,and WHEREAS,the Transit Now ordinance identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating,and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County; and WHEREAS,mutually beneficial contractual arrangements with other public and private entities("service partnerships")that leverage public and private funds to provide both new and better bus service to cities and major employers is one of four key strategies(the"Service Partnership Program")identified in the Transit Now proposition approved by King County voters in the general election on November 7,2006,and WHEREAS,the Service Partnership Program is also designed and intended to support the service development objectives and financial strategies of the Six-Year Transit Development Plan for 2002-2007, and its successor,the Ten-Year Strategic Plan for Public Transportation 2007-2016, WHEREAS,the Ten-Year Strategic Plan for Public Transportation 2007—2016 adopted by the King County Council November 13,2007 Strategy IM-3 exempts service partnerships,schedule maintenance, contracted services or partnership agreements from subarea allocation and reduction requirements;and WHEREAS, Service Partner has submitted an application for a direct financial partnership for transit service and has met the criteria established by the County for awarding such partnerships, and WHEREAS,the proposal submitted by Service Partner has been deemed to show a potential gam in ridership,and WHEREAS,the proposal submitted by Service Partner has been approved by the King County Council, NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS AND AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES HEREBY AGREE AS FOLLOWS: I. PURPOSE OF AGREEMENT DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CI CY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 1 of 10 45 The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for enhanced transit services consistent with the goals and directives of the Transit Now ordinance and initiative as authorized by King County Council Ordinance 15582 (approved in September 2006) and passed by the voters of King County as Transit Now in the general election on November 7,2006 to leverage sustainable local resources for transit service and to increase transit ridership. This Agreement establishes the responsibilities of the Parties in relation to the transit service partnership, including methods for financing, implementing,monitoring, improving and terminating the partnership 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide transit service enhancements in accordance with the service specifications set forth in Attachment A, which is incorporated herein and made a part of this Agreement by this reference, pursuant to which the County and Service Partner will share the fully allocated cost of the increased service hours at a rate of not more than two-thirds from County funds to not less than one-third from Partner funds (actual contribution specified in Attachment A) Fully allocated costs include the cost of fuel maintenance, driver wages, service supervision, infrastructure maintenance, revenue collection, scheduling, rider information, data analysis, and administrative and management costs The County's cost allocation model will be used to determine the Service Partner's contribution The County will manage the service in accordance with its regular procedures and as may be further specified in this Agreement The Parties understand and agree that, notwithstanding Service Partner's financial contribution, the transit service referenced herein will be open to the general public- 2.2 The County will include the new transit service enhancements provided for under this Agreement in its annual route performance monitoring Enhanced transit service provided for via service partnerships will be expected to perform at or above the subarea average for its particular type of service in at least three of the four standard indicators monitored in Metro's annual Route Performance Report. a) Rides per revenue hour; b) The ratio of fare revenue to operating expense; c) Passenger miles per revenue hour;and d) Passenger miles divided by platform miles 2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set forth in Attachment A Three(3)years after implementation of the enhanced transit service provided for herein and annually thereafter,the County will make a determination as to the productivity and viability of the service The County will notify Service Partner of its assessment of the service's productivity,performance,and ongoing viability If the County deems that changes can be made to improve the service,the County and Service Partner will discuss possible modifications and may agree on any decisions to modify the service enhancements provided for herein,provided,however,that any such modifications shall be consistent with the requirements set forth in KCC 28.94.020(Bx2). After consultation with Service Partner, if the County determines that the enhanced service provided for herein is not viable based upon performance, and proposed changes are insufficient to boost productivity beyond a minimum threshold as may be established and the Parties cannot agree on a substitute investment on a different route or a different corridor,the County will notify Service Partner of its intention to terminate the Agreement. 3. SERVICE PARTNER'S RESPONSIBILITIES 3.1 Monetary Contributions. Service Partner will contribute, via payment of billings from the County twice per year, as specified in Section 5 1 of this Agreement, at least one-third of the fully allocated cost of the enhanced service described in Attachment A, in an amount not less than US$100,000 per year for five (5) years to add to existing transit service or a minimum of US$200,000 per year for five (5) years to DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 2 of 10 46 implement new transit service. The foregoing dollar amounts represent the minimum monetary contributions that Service Partner will be responsible for pursuant to this Agreement The amount of Service Partner's actual yearly monetary contributions, over and above the minimum yearly contributions specified in this Subsection 3 1, are to be determined by application of the cost allocation calculation specified in Attachment A, which is attached hereto and incorporated herein by this reference If application of that cost allocation formula yields a higher dollar amount, Service Partner shall pay the larger amount 3.2 Transit Service Enhancements. In addition to the financial contributions referenced in Subsection 3.1, Service Partner will undertake a number of additional actions that are expected to increase ridership on the enhanced bus services provided for herein, including, but not limited to implementation of transportation demand management programs, parking management, service promotions, and communication infrastructure and transit signal priority improvements. The transit service enhancements to be undertaken by Service Partner pursuant to this Agreement are set forth more fully in Attachment A, which is attached hereto and incorporated herein by this reference, The Parties acknowledge and agree that the goal of this Agreement is to increase ridership. Toward that end, the Parties agree to work together in good faith to refine the details of the required transit service enhancements in order to assure effective and timely implementation 4 TERM OF AGREEMENT AND APPROVAL BY KING COUNTY COUNCIL 41 This Agreement shall commence upon signing by the Parties and,for each service specified in Attachment A, expire five(5) years after the start of that service, unless extended or earlier terminated pursuant to the terms of this Agreement If after five (5)years the enhanced transit service is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of this Agreement and the additional performance benchmarks specified in Attachment A, and Service Partner desires to have Metro Transit continue to provide the enhanced transit service beyond the initial five year period,this Agreement may be extended by the Transit General Manager for an additional five years without additional approval by the King County Council. 4.2 This Agreement is subject to review and approval by the King County Council and, if necessary, the governing bodies of any other governmental entities that are a Party to this Agreement. 5. INVOICESIPAYMENT PROCEDURES 5 1 The County will invoice Service Partner twice each year for its contribution, as specified in Section 3 1 of this Agreement,to the transit service provided for herein Service Partner will receive two(2)billings each calendar year for the actual costs incurred by the County to operate or manage the service 5.2 An estimate of the total service costs based on scheduled service hours is shown in Attachment A. This estimate will be adjusted in January each year, based on the per mile and per hour rates for that year. This adjustment will be provided to the Service Partner 53 Service Partner shall make payment within forty-five(45)days after receipt of an invoice Should Partner fail to pay the County the amount due within forty-five (45) days of receipt of a billing invoice from the County, a late payment assessment shall be applied to any outstanding balance due for that invoice The late payment assessment shall be fixed at the maximum rate allowable under Washington state law. 6. INDEMNIFICATION AND LEGAL RELATIONS 6.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity No joint venture or partnership is formed as a result of this Agreement No DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 3 of 10 47 employees or agents of one Party or its contractors or subcontractors shall be deemed, or represent themselves to be,employees,agents,contractors or subcontractors of the other Party. 6.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with all federal, state and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement 6.3 Each Party shall protect, defend, indemnify and save harmless the other Party, its elected officials, officers, officials, employees and agents while acting within the scope of their employment as such, from any and all costs, claims,Judgments, and/or awards of damages, arising out of or in any way resulting from each Parry's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim,demand, and/or cause of action brought by or on behalf of any of its employees or agents The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the mdemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 6.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 65 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Supenor Court of King County,Washington,located in Seattle,Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement 6.6 The provisions of this section shall survive any termination of this Agreement. 7. CHANGES AND MODIFICATIONS This Agreement may be amended or modified only by prior written agreement signed by the Parties hereto. Such amendments and modifications may be executed by the General Manager of the County's Transit Division without additional Council approval, so long as any such amendments are consistent with the intent and purpose of this Agreement. 9. TERMINATION OF AGREEMENT 8 1 Either Party may terminate this Agreement, in whole or in part, in writing if the other Party substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the other; provided, however, that, insofar as practicable, the Parry terminating the Agreement will give not less than 135 calendar days prior to the County's February, June or September service change, by written notice delivered by certified mail, return receipt requested,of intent to terminate. 82 In addition to termination under Paragraph 8.1 of this Section, the County may terminate this Agreement pursuant to the provisions of Section 2 3 of this Agreement, in whole or in part, provided, that Service Partner will be given not less than 135 calendar days prior to the County's February, June or September service change,by written notice delivered by certified mad,return receipt requested,of intent to terminate. 8.3 If either Party terminates, Partner will pay the County a pro-rated amount for services performed in accordance with the Agreement to the date of termination 9. FORCE MAJEURE DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 4 of 10 48 Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control, including, but not limited to any incidence of fire, flood, earthquake or acts of nature; strikes or labor actions, commandeering material, products, or facilities by the federal, state or local government, and/or national fuel shortage, when satisfactory evidence of such cause is presented to the other Party, and provided further that such non- performance is beyond the control and is not due to the fault or negligence of the Party not performing In no event, however, shall this provision eliminate the obligation to make payment to the County for work performed in accordance with this Agreement. 10. 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 this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing,signed by authorized Parties and attached to the original Agreement 11. ASSIGNMENT This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however, that neither Party shall assign or transfer in any manner any interest, obligation or benefit of this Agreement without the other's prior written consent. 12. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this Agreement. 13. MUTUAL NEGOTIATION AND CONSTRUCTION This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement shall, in all cases be construed according to its fair meaning and not strictly for or against either Party �j 14. ALL TERMS AND CONDITIONS This Agreement merges and supersedes all prior negotiations,representations and agreements between the Parties related to the subject matter hereof and constitutes the entire agreement between the Parties This Agreement may be amended only by written agreement of the Parties. This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 5 of 10 49 15. CONTACT PERSONS The County and Service Partner shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement Service Partner Contact Name Nate Jones Cathy Mooney Organization City of Renton Public Works City of Kent Public Works Department Title Trans ortation Planner Senior Transportation Planner Address 1055 South Grady Way 220 Fourth Ave. S. Renton, WA 98057 Kent,WA 98032-5895 Telephone 425-430-7217 253-856-5564 Fax 425-430-7376 253-856-6500 E-Mail nlones@ci renton wa us cmoone ci kent wa us King County Contact Name Matt Hansen Title Supervisor, Market Development,Metro Transit Division Address YES-TR-0600 400 Yesler Way Seattle,WA 98104 Telephone 206-263-3598 Fax 206-684-2058 E-Mail matt.hansen kin coun ov 16. Each Party warrants and represents that its execution of this Agreement has been authorized by its governing body,via King County Ordinance No 16041 dated March 24,2008,and via[Cary of Renton Ordinance No _, dated_ 1,and via[City of Kent Ordinance No _,dated 1. 17. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereto. IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day of 2008 KING COUNTY SERVICE PARTNER By: By. Title. Title Date: Date: SERVICE PARTNER By. Title Date: DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 6 of 10 50 ATTACHMENT A Direct Financial Partnership Scope of Work City of Kent City of Renton A. Monetary Contributions 1. Monetary Contributions to be Made by Service Partners The Cities of Kent and Renton agree to contribute one-third of the fully allocated cost for five(5)years of additional service on Route 153 as defined in the Service Description in Section C of this Attachment A.The actual annual cost the Service Partners agree to pay on an annual basis shall be determined to accordance with Section 5.2 of this Agreement. The proportion of the fully allocated annual cost that each Service Partner agrees to pay is specified in Section D of this Agreement. 2. Monetary Contributions to be Made by County The County agrees to operate the service as defined in Service Description, In Section C of this Attachment A and Section 2.1 of this Agreement. B. Transit Service Enhancements I. Service Partners agree to implement additional actions that are likely to increase ridership on the new services, including all those listed below or similar activities, if authorized in advance by the King County Metro Transit General Manager Such additional actions shall be implemented no later than two(2)years from the effective date of this Agreement. At least six months prior to the start of the new services, Service Partners will contact King County Metro's Market Development group to refine the details of these actions to help assure effective and timely implementation. Service Partners remain responsible for the cost and implementation of the following actions or similar activities as agreed with Market Development staff. City of Kent a. Promotion • Promote the new service to businesses through the Chamber of Commerce • Promote the new service through articles in the IN BOX utility bill insert,the Kent Reporter, and the monthly CTR newsletter. • Advertise the new service on the City's Web site and TV stations,Kent TV21. • Continue to encourage greater use of enhanced transit service,through encouraging use of programs such as FlexPass. b.Facility Improvements • Continue with project to construct street and signal improvements to increase efficiency of transit service in the Central Avenue/East Valley Highway corridor. DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND I HE CITY OF REN TON AND THE CITY OF KENT ROUTE 153 Page 7 of 10 51 , City of Renton a. Promotion • Promote new service using media outlets including TV, Web site, and print(local newspapers,utility bill inserts). • Outreach to 3 tiers of users. employers(CTR and non-CTR sites),business leagues(e g. Chamber of Commerce, Downtown Association,Renton Connection), and community service groups/neighborhood associations(e.g. Kiwanis). • Promote services through the City's pilot program for transit center security and Downtown Visitor's Assistance program. 2. The County agrees to undertake the following supporting actions: a. Additional promotion of service • Designate new trips funded by partnership in the bus timetables for the affected routes. • Work with Service Partners to promote transit use on the affected routes. C. Service Description County and Service Partners agree to share in the cost and responsibilities of adding midday service on Route 153, operating 30-minute headways between approximately 9 a in and 3 p.m. The service will operate with a 30-foot diesel coach The intent of the service enhancements on Route 153 is to provide midday service along Lind Avenue Southwest and East Valley Road and connect employers, retail, and residential development in the corridor. The service implemented will be generally consistent in scope and service levels and may vary from this description should County and Service Partners mutually agree to implement alternative service of similar scope following any required public outreach and any necessary King County Council authorization D. Service Cost Estimate The estimated cost is a planning-level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit I entitled'Preliminary Cost Estimate,"which is incorporated into and made a part of this Agreement by this reference.The actual hours and miles needed to operate the service are determined by the County during the scheduling of the service prior to implementation The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. Total estimated annual hours- 3,900 Total estimated annual miles:50,018 Estimated fully allocated annual cost(County's+Service Partners' cost): $433,865 34(based on 2008 fully allocated annual cost) City of Kent's 2008 estimated annual share of fully allocated annual cost- Sixteen and two-thirds percent($72,310.89 based on 2008 fully allocated DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 8 of 10 52 annual cost) City of Renton's 2008 estimated annual share of fully allocated annual cost: Sixteen and two-thirds percent($72,310.89 based on 2008 fully allocated annual cost) E. Benchmarks for Evaluating Route Performance Metro has a consistent, formal route-performance evaluation process to identify individual routes that may require modification,expansion or termination Routes are grouped by subarea and time period for similarity in operating conditions. Each partnership route will be compared by time period to other routes in its subarea to ascertain performance level Data for a particular year is typically available by the middle of the following year. The comparison will be made at the time the data is available. The 2006 benchmarks for the service additions applicable to this Agreement are as follows: South Subarea—Off-peak(midday) Rides per revenue hour: Average—37.6 Fare revenue/operating expense: Average— 17% Passenger miles/revenue hour Average—227 Passenger miles/platform miles: Average— 1145 Initial performance review for this service will use benchmarks determined using 2008 data. DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BE I W EEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 9 of 10 53 i �r vm00 = 3�: M M-W CO w <O, r e- �_--= CO -co N M M fM M CA N N = 'F 44N � � .V= CD CO ++ CS__d U=C, N�cp 9 %! f0 i0 w _ C co -CO_ C C _ ys O = uo> voio � c c. (1 Q) rNi O Y O O j m c=c ' o Cl co F N N_ _ cm WiN z ;mms o m � � F• =— � -dcU cfq U C L ,, ,, - - m cc z o 0 w=_— w � (� d_ v Q I o tL LL wO � IL t Pai S Langston Rd �s �s St ■lt„e ..�' a St o M � D 'N Airport ^vay ar Renton .. P&R Ro i S3rd a � 0 S 4th St 'o p SlN Sunset Brvr ? °t Renton Transit 0 ! Center o.V�n n RENTON v �Nav _ South Renton P&R SvV 16th St' 0 U Tukwila P >>' i S 21st St Surface Lot. at Tu kwila L 'Station x I:I m Pi 51N 27tn St I a 4 ? - I SF 1FYt S' i U y m SW 34th St s a SF 176'h St SE Petrovitskf o� swalsrst F — Ga i a g S 18011 St _ SW 43rd St I a r E I e� Y pp c d ~ F SE 192nd St S 1061h St e t & > a 0 167 t � — d 5 S 208th St ., _, SE 2C8th Si Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6K I 1. SUBJECT: CRIMINAL CODE AMENDMENT, METAL THEFT AND POSSESSION OF VEHICLE THEFT TOOLS ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. adopting by reference state statutory provisions recently enacted by the state Legislature making it a gross misdemeanor to make or possess vehicle theft tools, repealing the repetitive Kent City Code provision, and requiring metal businesses to maintain transaction records for the sale of nonferrous metals. rDuring its 2007 session, the state Legislature adopted HB 1001, relating to auto theft, and SB 5312, relating to stolen metal property. A summary of these bills is provided in the attached memo to the Public Safety Committee on April 8, 2008, along with copies of the bills' text. 3. EXHIBITS: 4/8/08 memo to Public Safety Committee, Ordinance, HB 1001, and SB 5312 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i IDISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 • Fax: 253-856-6770 KENT WASMIMOTOM Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 8, 2008 To: Public Safety Committee From: Tami Perdue, Chief Prosecutor ` Regarding: Criminal Code Amendment - Metal Theft and Possession of Vehicle Theft Tools MOTION: Recommend council enact the proposed ordinance that adopts by reference new code provisions recently enacted by the state Legislature, and repeals the repetitive Kent City Code provisions, making It a gross misdemeanor to make or possess vehicle theft tools, and requiring metal businesses to maintain transaction records for the sale of nonferrous metals. SUMMARY: In Washington, more than one car is stolen every 11 minutes. In order to effectively combat auto theft, the state Legislature has found that a coordinated and concentrated enforcement mechanism is critical. Such coordination includes establishment of deterrents through tough laws and effective prosecution. To further that intent, the state Legislature adopted RCW 9A.56.063 during its 2007 session, which makes it a crime to make or possess motor vehicle theft tools. During this same legislative session, the state Legislature also adopted the provisions found In Ch. 19.290 RCW in response to the growing amount of nonferrous metal (copper, brass, bronze, aluminum, lead, zinc, and nickel.) theft. These statutory provisions require that every scrap metal business maintain transaction records that evidence the name and address of each customer, a description of his or her vehicle, and a description of the metals the scrap metal business received from the customer. Upon a law enforcement agency's request, the scrap metal business must produce these transaction records. The hope Is that these reporting requirements will reduce the instances of metal theft by making it more difficult for those who steal nonferrous metals to turn that theft Into cash. Violations of RCW 9A.56.063 or the provisions of Ch. 19.290 RCW are gross misdemeanors punishable by a fine up to $5,000, jail not to exceed one year, or both. The proposed ordinance adopts these RCW provisions by reference for enforcement in Kent. BUDGET IMPACT: None. i 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to adopt by reference for enforcement in Kent new code provisions recently adopted by the L state Legislature, and repealing the repetitive Kent City Code provision. RECITALS A. In response to the overwhelming amount of vehicle theft that occurs in Washington, the Legislature adopted RCW 9A.56.063 during its 2007 session, which makes it a crime to make or possess motor vehicle theft tools. This new statute is a similar to Kent's existing ordinance. The tstate Legislature also adopted the provisions found in Ch. 19.290 RCW in response to the growing amount of nonferrous metal (copper, brass, bronze, aluminum, lead, zinc, and nickel.) theft. These statutory provisions require that every scrap metal business maintain transaction records that evidence the name and address of each customer, a description of his or her vehicle, and a description of the metals the scrap metal business received from the customer. Upon a law enforcement agency's request, the scrap metal business must produce these transaction irecords. 1 Criminal Code Amendments- 2007 State Legislative Session i B. Violations of RCW 9A.56.063 or the provisions of Ch. 19.290 RCW are gross misdemeanors punishable by a fine up to $5,000, jail not to exceed one year, or both. This ordinance adopts these RCW provisions by reference for enforcement in Kent, and repeals Kent's repetitive vehicle prowl tools ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 9.02.070 of the Kent City 1 Code, entitled "Title 9A RCW, entitled 'Washington Criminal Code' — Adoption by reference," is amended as follows: Sec. 9.02.070. Title 9A RCW, entitled "Washington Criminal Code" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9A.04.020 Purposes - Principles of construction. RCW 9A.04.030 State criminal jurisdiction. RCW 9A.04.050 People capable of committing crimes - Capability of children. RCW 9A.04.060 Common law to supplement statute. RCW 9A.04.070 Who amenable to criminal statutes. RCW 9A.04.080 Limitation of actions. RCW 9A.04.090 Application of general provisions of the code. RCW 9A.04.100 Proof beyond a reasonable doubt. RCW 9A.04.110 Definitions. RCW 9A.08.010 General requirements of culpability. RCW 9A.08.020 Liability for conduct of another - Complicity. RCW 9A.08.030 Corporate and personal liability. RCW 9A.12.010 Insanity. 2 Criminal Code Amendments- 2007 State Legislative Session iRCW 9A.16.010 Definitions. RCW 9A.16.020 Use of force - When lawful. RCW 9A.16.060 Duress. RCW 9A.16.070 Entrapment. RCW 9A.16.080 Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. RCW 9A.16.090 Intoxication 1 RCW 9A.16.100 Use of force on children - Policy - Actions presumed unreasonable. RCW 9A.28.020 Criminal attempt. RCW 9A.28.030 Criminal solicitation. RCW 9A.28.040 Criminal conspiracy. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.36.070 Coercion. RCW 9A.36.150 Interfering with the reporting of domestic violence. RCW 9A.40.010 Definitions. RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent defense, restricted. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree. ( RCW 9A.42.090 Abandonment of a dependent person - Defense. RCW 9A.44.010 Definitions. RCW 9A.44.096 Sexual misconduct with a minor in the second degree. RCW 9A.44.130 Registration of sex offenders and kidnapping offenders - Procedures - Definition - Penalties. ' RCW 9A.46.010 Legislative finding. RCW 9A.46.020 Definition - Penalties. RCW 9A.46.030 Place where committed. RCW 9A.46.040 Court-ordered requirements upon person charged with crime - Violation. RCW 9A.46.050 Arraignment - No contact order. RCW 9A.46.060 Crimes included in harassment. 3 Criminal Code Amendments- 2007 State Legislative Session RCW 9A.46.070 Enforcement of orders restricting contact. RCW 9A.46.080 Order restricting contact - Violation. RCW 9A.46.090 Nonliability of peace officer. RCW 9A.46.100 "Convicted," time when. RCW 9A.46.110 Stalking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning - Defense. RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief - "Physical damage" defined. RCW 9A.48.110 Defacing a state monument. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 9A.49.040 Civil infraction, when. RCW 9A.49.050 Exclusions. RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. RCW 9A.50.030 Penalty. RCW 9A.52.010 Definitions. RCW 9A.52.050 Other crime in committing burglary punishable. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.070 Criminal trespass in the first degree. RCW 9A.52.080 Criminal trespass in the second degree. RCW 9A.52.090 Criminal trespass - Defenses. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.52.120 Computer trespass in the second degree. RCW 9A.52.130 Computer trespass - Commission of other crime. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft - Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.063 Making or possessing motor vehicle theft tools. RCW 9A.56.096 Theft of rental, leased, or lease-purchased property. RCW 9A.56.140 Possessing stolen property - Definition - Presumption. RCW 9A.56.170 Possessing property in the third degree. RCW 9A.56.180 Obscuring the identity of a machine. RCW 9A.56.220 Theft of subscription television services. RCW 9A.56.240 Forfeiture and disposal of device used to commit violation. RCW 9A.56.260 Connection of channel converter. 4 Criminal Code Amendments- 2007 State Legislative Session RCW 9A.56.270 Shopping cart theft. RCW 9A.60.010 Definitions. RCW 9A.60.045 Criminal impersonation in the second degree. RCW 9A.60.050 False certification. jRCW 9A.61.010 Definitions. RCW 9A.61.020 Defrauding a public utility. I RCW 9A.61.050 Defrauding a public utility in the third degree. RCW 9A.61.060 Restitution and costs. RCW 9A.72.010 Definitions. RCW 9A.72.040 False swearing. RCW 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree of crime. RCW 9A.72.060 Perjury and false swearing - Retraction. RCW 9A.72.070 Perjury and false swearing - Irregularities no defense. RCW 9A.72.080 Statement of what one does not know to be true. RCW 9A.72.085 Unsworn statements, certification. RCW 9A.72.140 Jury tampering. RCW 9A.72.150 Tampering with physical evidence. RCW 9A.76.010 Definitions. RCW 9A.76.030 Refusing to summon aid for a peace officer. RCW 9A.76.040 Resisting arrest. RCW 9A.76.050 Rendering criminal assistance - Definition of term. RCW 9A.76.060 Relative defined. RCW 9A.76.070 Rendering criminal assistance in the first degree. RCW 9A.76.080 Rendering criminal assistance in the second degree. RCW 9A.76.090 Rendering criminal assistance in the third degree. RCW 9A.76.100 Compounding. RCW 9A.76.160 Introducing contraband in the third degree. RCW 9A.76.170 Bail jumping. RCW 9A.76.175 Making a false or misleading statement to a public servant. RCW 9A.80.010 Official misconduct. RCW 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. RCW 9A.84.010 Riot. RCW 9A.84.020 Failure to disperse. RCW 9A.84.040 False reporting. RCW 9A.88.010 Indecent exposure. 5 Criminal Code Amendments- 2007 State Legislative Session RCW 9A.88.030 Prostitution. RCW 9A.88.050 Prostitution - Sex of parties immaterial - No defense. RCW 9A.88.090 Permitting prostitution. RCW 9A.88.110 Patronizing a prostitute. RCW 9A.88.120 Additional fee assessments. RCW 9A.88.130 Additional requirements. RCW 9A.88.140 Vehicle impoundment. SECTION 2. - Amendment. Chapter 9.02 of the Kent City Code is amended to add a new section 9.02.115, entitled "Chapter 19.290 RCW, entitled Metal Property' - Adoption by reference," as follows: Sec. 9.02.115. Chapter 19.290 RCW, entitled "Metal Property" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 19.290.010 Definitions. RCW 19.290.020 Nonferrous metal property - Records required. RCW 19.290.030 Metal property and metallic wire - Requirements for transactions. RCW 19.290.070 Violations - Penalty. SECTION 3. - Repealer. Chapter 9.02 of the Kent City Code is j amended to repeal section 9.02.260, entitled "Making or having vehicle prowl or vehicle theft tools." t See. 9.02-260. Making or having vehiielle prow' or vehi ReFt too's. nippers,A. EyeFy peFsen who shall make OF Friend, OF eause to be made Of key, Fmaster key, adapted OF altered key, piek leek, bit, r-emever-, OF implement, adapted, designed, or eemmenly used fOF the de 6 Criminal Code Amendments- 2007 State Legislative Session 1evidencing an intent te use or empley, OF allew the same te be used e employed an the eefrifnissien ef a vehiele prowl er vehiele theft or knowing Ithat the safne is er was intended to be so used, shall be guilty ef making 1 I �isdemeanef. SECTION 4. - Savinos. The existing section 9.02.260 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain ` in full force and effect until the effective date of this ordinance. jSECTION S. - SeverabMty. 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 6. - Effective Date. This ordinance shall take effect and 1 be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK i r 7 Criminal Code Amendments- 2007 State Legislative Session APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2008. APPROVED: day of April, 2008. PUBLISHED: day of April, 2008. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\bN\ptlMannl/M.NnalUEf100)NMnEnN.11fAPf 8 Criminal Code Amendments- 2007 State Legislative Session CERTIFICATION OF ENROLLMENT ENGROSSED THIRD SUBSTITUTE HOUSE BILL 1001 1 Chapter 199, Laws of 2007 60th Legislature 2007 Regular Session AUTO THEFT EFFECTIVE DATE : 07/22/07 Passed by the House April 17, 2007 CERTIFICATE Yeas 83 Nays 15 I, Richard Nafziger, Chief Clerk of the House of Representatives of FRANK CHOPP the State of Washington, do hereby Speaker of the House of Representatives certify that the attached is P P ENGROSSED THIRD SUBSTITUTE HOUSE BILL 1001 as passed by the House of Representatives and the Senate Passed by the Senate April 4, 2007 on the dates hereon set forth. Yeas 47 Nays 0 RICHARD NAFZIGER BRAD OWEN Chief Clerk President of the Senate Approved April 27, 2007, 1:54 p.m. FILED April 30, 2007 CHRISTINE GREGOIRE Secretary of State Governor of the State of Washington State of Washington I i ENGROSSED THIRD SUBSTITUTE HOUSE BILL 1001 AS AMENDED BY THE SENATE Passed Legislature - 2007 Regular Session State of Washington 60th Legislature 2007 Regular Session By House Committee on Appropriations (originally sponsored by Representatives Lovick, Priest, McCoy, Pearson, Kirby, Ross, Hunt, Skinner, Simpson, Newhouse, O'Brien, Armstrong, Ericks, Moeller, Miloscia, Grant, Sells, Green, Eickmeyer, Takko, Kelley, B. Sullivan, Hudgins, Cody, Haigh, Morrell, Chase, Ormsby, Kessler, Blake, Conway, Chandler, P. Sullivan, McDonald, Rodne, Haler, Jarrett, Roach, Walsh, Kristiansen, Wallace, McDermott, Condotta, VanDeWege, Dunshee, McCune, Kenney, Schual-Berke, Hinkle, Bailey, Lantz, Warnick, Upthegrove, Alexander, Campbell and Rolfes) READ FIRST TIME 3/5/07. 1 AN ACT Relating to auto theft; amending RCW 9A. 56 . 030, 9A.56 . 040, 2 9A.56 . 150 , 9A.56 .160 , 9 .94A.734, 13 .40 . 0357, 13 .40 . 210, 9A.56 . 070, and 3 9A. 56 . 096; reenacting and amending RCW 9 . 94A. 525, 9 . 94A. 515, 13 .40. 160, 4 and 46 . 63 . 110; adding new sections to chapter 9A. 56 RCW; adding new 5 sections to chapter 13 .40 RCW; adding a new section to chapter 36 . 28A 6 RCW; adding a new chapter to Title 46 RCW; creating new sections; and 7 prescribing penalties. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. See. 1. (1) The legislature finds that : 10 (a) Automobiles are an essential part of our everyday lives. The 11 west coast is the only region of the United States with an increase of 12 over three percent in motor vehicle thefts over the last several years . 13 The family car is a priority of most individuals and families. The 14 family car is typically the second largest investment a person has next 15 to the home, so when a car is stolen, it causes a significant loss and 16 inconvenience to people, imposes financial hardship, and negatively 17 impacts their work, school, and personal activities. Appropriate and 18 meaningful penalties that are proportionate to the crime committed must 19 be imposed on those who steal motor vehicles ; p. 1 E3SHB 1001.SL 1 (b) In Washington, more than one car is stolen every eleven 2 minutes, one hundred thirty-eight cars are stolen every day, someone' s 3 car has a one in one hundred seventy-nine chance of being stolen, and 4 more vehicles were stolen in 2005 than in any other previous year. 5 Since 1994 , auto theft has increased over fifty-five percent, while 6 other property crimes like burglary are on the decline or holding 7 steady. The national crime insurance bureau reports that Seattle and 8 Tacoma ranked in the top ten places for the most auto thefts, ninth and 9 tenth respectively, in 2004 . In 2005, over fifty thousand auto thefts 10 were reported costing Washington citizens more than three hundred 11 twenty-five million dollars in higher insurance rates and lost 12 vehicles. Nearly eighty percent of these crimes occurred in the 13 central Puget Sound region consisting of the heavily populated areas of 14 King, Pierce, and Snohomish counties; 15 (c) Law enforcement has determined that auto theft, along with all 16 the grief it causes the immediate victims, is linked more and more to 17 offenders engaged in other crimes . Many stolen vehicles are used by 18 criminals involved in such crimes as robbery, burglary, and assault . 19 In addition, many people who are stopped in stolen vehicles are found 20 to possess the personal identification of other persons , or to possess 21 methamphetamine, precursors to methamphetamine, or equipment used to 22 cook methamphetamine; 23 (d) Juveniles account for over half of the reported auto thefts 24 with many of these thefts being their first criminal offense. It is 25 critical that they, along with first time adult offenders, are 26 appropriately punished for their crimes. However, it is also important 27 that first time offenders who qualify receive appropriate counseling 28 treatment for associated problems that may have contributed to the 29 commission of the crime, such as drugs, alcohol, and anger management; 30 and 31 (e) A coordinated and concentrated enforcement mechanism is I 32 critical to an effective statewide offensive against motor vehicle 33 theft. Such a system provides for better communications between and 34 among law enforcement agencies, more efficient implementation of 35 efforts to discover, track, and arrest auto thieves, quicker recovery, 36 and the return of stolen vehicles, saving millions of dollars in 37 potential loss to victims and their insurers . 1 IE3SHB 1001 . SL p. 2 1 (2) It is the intent of this act to deter motor vehicle theft 2 through a statewide cooperative effort by combating motor vehicle theft 3 through tough laws, supporting law enforcement activities, improving 4 enforcement and administration, effective prosecution, public j 5 awareness, and meaningful treatment for first time offenders where 6 appropriate. It is also the intent of the legislature to ensure that 7 adequate funding is provided to implement this act in order for real, 8 observable reductions in the number of auto thefts in Washington state. 9 NEW SECTION. Sec. 2. A new section is added to chapter 9A. 56 RCW 10 to read as follows : 11 (1) A person is guilty of theft of a motor vehicle if he or she 12 commits theft of a motor vehicle. 13 (2) Theft of a motor vehicle is a class B felony. 14 Sec. 3. RCW 9A. 56 . 030 and 2005 c 212 s 2 are each amended to read i 15 as follows: 16 (1) A person is guilty of theft in the first degree if he or she 17 commits theft of : 18 (a) Property or services which exceed (s) one thousand five hundred 19 dollars in value other than a firearm as defined in RCW 9 .41 . 010; 20 (b) Property of any value. other than a firearm as defined in RCW 21 9. 41 .010 or a motor vehicle, taken from the person of another; or 22 (c) A search and rescue dog, as defined in RCW 9 . 91 . 175, while the 23 search and rescue dog is on duty. 24 (2) Theft in the first degree is a class B felony. 25 Sec. 4 . RCW 9A.56. 040 and 1995 c 129 s 12 are each amended to read , 26 as follows : 27 (1) A person is guilty of theft in the second degree if he or she ' 28 commits theft of : 29 (a) Property or services which exceed(s) two hundred ( (ate) ) fifty ' 30 dollars in value ( (ether than a firearfa as de f4ned in RGW 9 e , n, n ) ) 31 but does not exceed one thousand five hundred dollars in value other 32 than a firearm as defined in RCW 9 .41 .010 or a motor vehicle; or 33 (b) A public record, writing, or instrument kept, filed, or 34 deposited according to law with or in the keeping of any public office 35 or public servant; or p. 3 E3SHB 1001.SL 1 (c) An access device( (,of 2 (d)A meter vehiele, ef a value less than ene theasetnd ftve undf tee 3 a,�e) ) 4 (2) Theft in the second degree is a class C felony. 5 NEW SECTION. Sec. 5. A new section is added to chapter 9A. 56 RCW 6 to read as follows : 7 (1) A person is guilty of possession of a stolen vehicle if he or 8 she possess a stolen motor vehicle. 9 (2) Possession of a stolen motor vehicle is a class B felony. 10 Sec. 6. RCW 9A.56. 150 and 1995 c 129 s 14 are each amended to read 11 as follows: 12 (1) A person is guilty of possessing stolen property in the first 13 degree if he or she possesses stolen property. other than a firearm as 14 defined in RCW 9 .41. 010 or a motor vehicle, which exceeds one thousand 15 five hundred dollars in value. I16 (2) Possessing stolen property in the first degree is a class B 17 felony. 1 18 Sec. 7. RCW 9A. 56. 160 and 1995 c 129 s 15 are each amended to read 19 as follows : 20 (1) A person is guilty of possessing stolen property in the second 21 degree if : 1 22 (a) He or she possesses stolen propertyL other than a firearm as 23 defined in RCW 9.41 . 010 or a motor vehicle, which exceeds two hundred 24 fifty dollars in value but does not exceed one thousand five hundred 25 dollars in value; or 26 (b) He or she possesses a stolen public record, writing or 1 27 instrument kept, filed, or deposited according to law; or 28 (c) He or she possesses a stolen access device ( (,er ' 29 (d) lie-er she-possesses a stelen meter vehtele a€-a valiae-less than 30 ene theusand five ,.undeed a,.., , .. _) ) 31 (2) Possessing stolen property in the second degree is a class C 32 felony. 33 Sec. B . RCW 9. 94A. 525 and 2006 c 128 s 6 and 2006 c 73 s 7 are 34 each reenacted and amended to read as follows: E3SH3 1001. SL p. 4 1 The offender score is measured on the horizontal axis of the 2 sentencing grid. The offender score rules are as follows : 3 The offender score is the sum of points accrued under this section 4 rounded down to the nearest whole number. 5 (1) A prior conviction is a conviction which exists before the date 6 of sentencing for the offense for which the offender score is being 7 computed. Convictions entered or sentenced on the same date as the 8 conviction for which the offender score is being computed shall be 9 deemed "other current offenses" within the meaning of RCW 9. 94A. 589 . 10 (2) (a) Class A and sex prior felony convictions shall always be 11 included in the offender score . 12 (b) Class B prior felony convictions other than sex offenses shall 13 not be included in the offender score, if since the last date of 14 release from confinement (including full-time residential treatment) 15 pursuant to a felony conviction, if any, or entry of judgment and ' 16 sentence, the offender had spent ten consecutive years in the community 17 without committing any crime that subsequently results in a conviction. 18 (c) Except as provided in (e) of this subsection, class C prior 19 felony convictions other than sex offenses shall not be included in the 20 offender score if, since the last date of release from confinement 21 (including full-time residential treatment) pursuant to a felony 22 conviction, if any, or entry of judgment and sentence, the offender had 23 spent five consecutive years in the community without committing any 24 crime that subsequently results in a conviction. 25 (d) Except as provided in (e) of this subsection, serious traffic 26 convictions shall not be included in the offender score if, since the 27 last date of release from confinement (including full-time residential ' 28 treatment) pursuant to a felony conviction, if any, or entry of 29 judgment and sentence, the offender spent five years in the community 30 without committing any crime that subsequently results in a conviction. 31 (e) If the present conviction is felony driving while under the 32 influence of intoxicating liquor or any drug (RCW 46 .61 . 502 (6) ) or 33 felony physical control of a vehicle while under the influence of 34 intoxicating liquor or any drug (RCW 46 . 61 . 504 (6) ) , prior convictions 35 of felony driving while under the influence of intoxicating liquor or 36 any drug, felony physical control of a vehicle while under the 37 influence of intoxicating liquor or any drug, and serious traffic 38 offenses shall be included in the offender score if : (i) The prior P. 5 E3SHB 1001.SL 1 convictions were committed within five years since the last date of 2 release from confinement (including full-time residential treatment) or 3 entry of judgment and sentence; or (ii) the prior convictions would be 4 considered "prior offenses within ten years" as defined in RCW 5 46 . 61. 5055 . 6 (f) This subsection applies to both adult and juvenile prior 7 convictions . 8 (3) Out-of-state convictions for offenses shall be classified 9 according to the comparable offense definitions and sentences provided 10 by Washington law. Federal convictions for offenses shall be I11 classified according to the comparable offense definitions and 12 sentences provided by Washington law. If there is no clearly 13 comparable offense under Washington law or the offense is one that is 14 usually considered subject to exclusive federal jurisdiction, the 15 offense shall be scored as a class C felony equivalent if it was a 16 felony under the relevant federal statute. 17 (4) Score prior convictions for felony anticipatory offenses 18 (attempts, criminal solicitations, and criminal conspiracies) the same 19 as if they were convictions for completed offenses . 20 (5) (a) In the case of multiple prior convictions, for the purpose 21 of computing the offender score, count all convictions separately, 22 except : 23 (i) Prior offenses which were found, under RCW 9. 94A. 589 (1) (a) , to 24 encompass the same criminal conduct, shall be counted as one offense, 25 the offense that yields the highest offender score. The current 26 sentencing court shall determine with respect to other prior adult 1 27 offenses for which sentences were served concurrently or prior juvenile 28 offenses for which sentences were served consecutively, whether those 29 offenses shall be counted as one offense or as separate offenses using 1 30 the "same criminal conduct" analysis found in RCW 9 . 94A.589 (1) (a) , and 31 if the court finds that they shall be counted as one offense, then the ' 32 offense that yields the highest offender score shall be used. The 33 current sentencing court may presume that such other prior offenses 34 were not the same criminal conduct from sentences imposed on separate 35 dates, or in separate counties or jurisdictions, or in separate 36 complaints, indictments, or informations; 37 (ii) In the case of multiple prior convictions for offenses 38 committed before July 1, 1986, for the purpose of computing the E3SH3 1001.SL P. 6 1 I offender score, count all adult convictions served concurrently as one 2 offense, and count all juvenile convictions entered on the same date as 3 one offense. Use the conviction for the offense that yields the 4 highest offender score. t 5 (b) As used in this subsection (5) , "served concurrently" means 6 that : (i) The latter sentence was imposed with specific reference to 7 the former; (ii) the concurrent relationship of the sentences was 8 judicially imposed; and (iii) the concurrent timing of the sentences 9 was not the result of a probation or parole revocation on the former 10 offense. 11 (6) If the present conviction is one of the anticipatory offenses 12 of criminal attempt, solicitation, or conspiracy, count each prior 13 conviction as if the present conviction were for a completed offense. ' 14 When these convictions are used as criminal history, score them the 15 same as a completed crime. 16 (7) If the present conviction is for a nonviolent offense and not 17 covered by subsection (11) or (12) of this section, count one point for 18 each adult prior felony conviction and one point for each juvenile 19 prior violent felony conviction and 1/2 point for each juvenile prior 20 nonviolent felony conviction. 21 (8) If the present conviction is for a violent offense and not 22 covered in subsection (9) , (10) , (11) , or (12) of this section, count 23 two points for each prior adult and juvenile violent felony conviction, 24 one point for each prior adult nonviolent felony conviction, and 1/2 25 point for each prior juvenile nonviolent felony conviction. 26 (9) If the present conviction is for a serious violent offense, 27 count three points for prior adult and juvenile convictions for crimes ' 28 in this category, two points for each prior adult and juvenile violent 29 conviction (not already counted) , one point for each prior adult 30 nonviolent felony conviction, and 1/2 point for each prior juvenile 31 nonviolent felony conviction. 32 (10) If the present conviction is for Burglary 1, count prior ' 33 convictions as in subsection (8) of this section; however count two 34 points for each prior adult Burglary 2 or residential burglary 35 conviction, and one point for each prior juvenile Burglary 2 or 36 residential burglary conviction. 37 (11) If the present conviction is for a felony traffic offense 38 count two points for each adult or juvenile prior conviction for p. 7 E3SHB 1001 .SL 1 Vehicular Homicide or Vehicular Assault; for each felony offense count 2 one point for each adult and 1/2 point for each juvenile prior 3 conviction; for each serious traffic offense, other than those used for 4 an enhancement pursuant to RCW 46 .61 . 520 (2) , count one point for each 5 adult and 1/2 point for each juvenile prior conviction. 6 (12) If the present conviction is for manufacture of 7 methamphetamine count three points for each adult prior manufacture of ' 8 methamphetamine conviction and two points for each juvenile manufacture 9 of methamphetamine offense. If the present conviction is for a drug 10 offense and the offender has a criminal history that includes a sex 11 offense or serious violent offense, count three points for each adult 12 prior felony drug offense conviction and two points for each juvenile 13 drug offense. All other adult and juvenile felonies are scored as in 14 subsection (8) of this section if the current drug offense is violent, ' 15 or as in subsection (7) of this section if the current drug offense is 16 nonviolent . 17 (13) If the present conviction is for Escape from Community 1 18 Custody, RCW 72 .09. 310, count only prior escape convictions in the 19 offender score. Count adult prior escape convictions as one point and 20 juvenile prior escape convictions as 1/2 point . 21 (14) If the present conviction is for Escape 1, RCW 9A. 76 . 110, or 22 Escape 2, RCW 9A. 76 . 120, count adult prior convictions as one point and 23 juvenile prior convictions as 1/2 point . 24 (15) If the present conviction is for Burglary 2 or residential 25 burglary, count priors as in subsection (7) of this section; however, 26 count two points for each adult and juvenile prior Burglary 1 ' 27 conviction, two points for each adult prior Burglary 2 or residential 28 burglary conviction, and one point for each juvenile prior Burglary 2 29 or residential burglary conviction. 30 (16) If the present conviction is for a sex offense, count priors 31 as in subsections (7) through (15) of this section; however count three ' 32 points for each adult and juvenile prior sex offense conviction. 33 (17) If the present conviction is for failure to register as a sex 34 offender under RCW 9A. 44. 130 (10) , count priors as in subsections (7) 35 through (15) of this section; however count three points for each adult 36 and juvenile prior sex offense conviction, excluding prior convictions 37 for failure to register as a sex offender under RCW 9A.44 . 130 (10) , 38 which shall count as one point . E3SHB 1001.SL P. 8 1 (18) If the present conviction is for an offense committed while 2 the offender was under community placement, add one point . 3 (19) If the present conviction is for Theft of a Motor Vehicle, 4 Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 5 Permission 1, or Taking a Motor Vehicle Without Permission 2, count 6 priors as in subsections (7) through (18) of this section• however 7 count one Point for prior convictions of Vehicle Prowling 2 and three 8 points for each adult and juvenile Prior Theft 1 (of a motor vehicle) 9 Theft 2 (of a motor vehicle) , Possession of Stolen Property 1 (of a 10 motor vehicle) , Possession of Stolen Property 2 (of a motor vehicle) , 11 Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a 12 Motor Vehicle Without Permission 1 , or Taking a Motor Vehicle Without 13 Permission 2 conviction. 14 20 The fact that a prior conviction was not included in an 15 offender' s offender score or criminal history at a previous sentencing 16 shall have no bearing on whether it is included in the criminal history 17 or offender score for the current offense. Accordingly, prior 18 convictions that were not counted in the offender score or included in 19 criminal history under repealed or previous versions of the sentencing 20 reform act shall be included in criminal history and shall count in the 21 offender score if the current version of the sentencing reform act 22 requires including or counting those convictions . 23 sec. 9. RCW 9 . 94A. 734 and 2003 c 53 s 62 are each amended to read 24 as follows : 25 (1) Home detention may not be imposed for offenders convicted of: 26 (a) A violent offense; 27 (b) Any sex offense; 28 (c) Any drug offense; 29 (d) Reckless burning in the first or second degree as defined in 30 RCW 9A.46 .040 or 9A.48 . 050; 31 (e) Assault in the third degree as defined in RCW 9A. 36 . 031; , 32 (f) Assault of a child in the third degree; 33 (g) Unlawful imprisonment as defined in RCW 9A.40 . 040 ; or 34 (h) Harassment as defined in RCW 9A.46 . 020. 35 Home detention may be imposed for offenders convicted of possession of 36 a controlled substance under RCW 69.50. 4013 or forged prescription for 37 a controlled substance under RCW 69 .50 .403 if the offender fulfills the P. 9 E3SHB 1001. SL I participation conditions set forth in this section and is monitored for 2 drug use by a treatment alternatives to street crime program or a 3 comparable court or agency-referred program. 4 (2) Home detention may be imposed for offenders convicted of 5 burglary in the second degree as defined in RCW 9A.52 . 030 or 1 6 residential burglary conditioned upon the offender: 7 (a) Successfully completing twenty-one days in a work release 1 8 program; 9 (b) Having no convictions for burglary in the second degree or 10 residential burglary during the preceding two years and not more than 11 two prior convictions for burglary or residential burglary; 12 (c) Having no convictions for a violent felony offense during the 13 preceding two years and not more than two prior convictions for a 14 violent felony offense; 15 (d) Having no prior charges of escape; and 16 (e) Fulfilling the other conditions of the home detention program. 17 (3) Home detention may be imposed for offenders convicted of taking 18 a motor vehicle without permission in the second degree as defined in 19 RCW 9A. 56 . 075, theft of a motor vehicle as defined under section 2 of 20 this act, or possession of a stolen motor vehicle as defined under 21 section 5 of this act conditioned upon the offender : 22 (a) Having no convictions for taking a motor vehicle without 23 permission, theft of a motor vehicle or possession of a stolen motor 24 vehicle during the preceding five years and not more than two prior 25 convictions for taking a motor vehicle without permission, theft of a 26 motor vehicle or possession of a stolen motor vehicle; ' 27 (b) Having no convictions for a violent felony offense during the 28 preceding two years and not more than two prior convictions for a 29 violent felony offense; 30 (c) Having no prior charges of escape; and 31 (d) Fulfilling the other conditions of the home detention program. 32 (4) Participation in a home detention program shall be conditioned 33 upon: 34 (a) The offender obtaining or maintaining current employment or 35 attending a regular course of school study at regularly defined hours, 36 or the offender performing parental duties to offspring or minors 37 normally in the custody of the offender; 38 (b) Abiding by the rules of the home detention program; and E3SHB 1001.SL p. 10 I (c) Compliance with court-ordered legal financial obligations. The 2 home detention program may also be made available to offenders whose 3 charges and convictions do not otherwise disqualify them if medical or 4 health-related conditions, concerns or treatment would be better 5 addressed under the home detention program, or where the health and 6 welfare of the offender, other inmates, or staff would be jeopardized 7 by the offender' s incarceration. Participation in the home detention 8 program for medical or health-related reasons is conditioned on the 9 offender abiding by the rules of the home detention program and 10 complying with court-ordered restitution. 11 Sec. 10. RCW 9 .94A.515 and 2006 c 277 s 6 , 2006 c 228 s 9, 2006 c 12 191 s 2, 2006 c 139 s 2, 2006 c 128 s 3, and 2006 c 73 9 12 are each 13 reenacted and amended to read as follows: 14 TABLE 2 15 CRIMES INCLUDED WITHIN 16 EACH SERIOUSNESS LEVEL 17 XVI Aggravated Murder 1 (RCW 18 10.95 020) 19 XV Homicide by abuse(RCW 9A.32.055) 20 Malicious explosion 1 (RCW 21 70.74 280(l)) 22 Murder I (RCW 9A 32.030) 23 XIV Murder 2(RCW 9A.32 050) 24 Trafficking l (RCW 9A 40.100(1)) 25 XIII Malicious explosion 2(RCW 26 70.74.280(2)) 27 Malicious placement of an explosive l 28 (RCW 70.74 270(l)) 29 XII Assault 1 (RCW 9A 36.011) 30 Assault of a Child I (RCW 9A.36.120) 31 Malicious placement of an imitation 32 device I (RCW 70.74.272(l)(a)) 33 Rape I (RCW 9A.44 040) 34 Rape ofaChild 1 (RCW 9A.44.073) 35 Trafficking 2(RCW 9A.40.100(2)) p. 11 E3SHB 1001. SL ' I XI Manslaughter I (RCW 9A 32 060) 2 Rape 2(RCW 9A.44.050) 3 Rape of a Child 2 (RCW 9A.44 076) 4 X Child Molestation I (RCW 9A.44.083) 5 Indecent Liberties(with forcible 6 compulsion)(RCW 7 9A.44 100(1)(a)) 8 Kidnapping I (RCW 9A 40 020) 9 Leading Organized Crime(RCW 10 9A.82 060(I)(a)) ' 11 Malicious explosion 3(RCW 12 70 74.280(3)) 13 Sexually Violent Predator Escape 14 (RCW 9A 76 115) 15 IX Abandonment of Dependent Person 1 16 (RCW 9A 42.060) 17 Assault of a Child 2 (RCW 9A.36 130) 18 Criminal Mistreatment I (RCW 19 9A 42 020) 20 Explosive devices prohibited(RCW 21 70.74 180) 22 Hit and Run--Death(RCW 23 46.52.020(4)(a)) 24 Homicide by Watercraft,by being 1 25 under the influence of intoxicating 26 liquor or any drug(RCW ' 27 79A 60 050) 28 Inciting Criminal Profiteering(RCW 29 9A 82 060(t)(b)) 1 30 Malicious placement of an explosive 2 31 (RCW 70.74 270(2)) 32 Robbery l (RCW 9A 56 200) 33 Sexual Exploitation(RCW 9.68A.040) 34 Vehicular Homicide,by being under 1 35 the influence of intoxicating liquor 36 or any drug(RCW 46 61 520) 37 VIII Arson 1 (RCW 9A.48020) E3SHB 1001 .SL p. 12 I Homicide by Watercraft, by the 2 operation of any vessel in a 3 reckless manner(RCW 4 79A.60 050) 5 Manslaughter 2(RCW 9A 32.070) 6 Promoting Prostitution 1 (RCW 7 9A.88.070) 8 Theft of Ammonia(RCW 69 55.010) 9 Vehicular Homicide,by the operation 10 of any vehicle in a reckless manner 11 (RCW 46 61.520) 12 VII Burglary 1 (RCW 9A 52.020) 13 Child Molestation 2(RCW 9A 44.086) 14 Civil Disorder Training(RCW 15 9A.48.120) i 16 Dealing m depictions of minor engaged 17 in sexually explicit conduct(RCW 18 9 68A 050) 19 Drive-by Shooting(RCW 9A.36 045) 20 Homicide by Watercraft, by disregard ' 21 for the safety of others(RC W 22 79A 60.050) 23 Indecent Liberties(without forcible 24 compulsion)(RCW 9A44.100(1) 25 (b)and(c)) 26 Introducing Contraband 1 (RCW 27 9A.76.140) , 28 Malicious placement of an explosive 3 29 (RCW 70.74.270(3)) 30 Negligently Causing Death By Use of a 31 Signal Preemption Device(RCW 32 46 37.675) , 33 Sending,bringing into state depictions 34 of minor engaged in sexually 35 explicit conduct(RCW 9.68A 060) 36 Unlawful Possession of a Firearm in 37 the first degree(RCW 9 41 040(1)) ' p. 13 E3SHB 1001.SL ' I Use of a Machine Gun in Commission 2 of Felony(RCW 9 41 225) 3 Vehicular Homicide, by disregard for 4 the safety of others(RCW 5 46.61.520) 6 VI Bail Jumping with Murder 1 (RCW 7 9A.76.170(3)(a)) 8 Bribery (RCW 9A.68 010) 9 Incest 1 (RCW 9A.64020(l)) 10 Intimidating a judge(RCW 9A 72.160) 11 Intimidating a Juror/Witness(RCW 12 9A 72 110,9A 72.130) 13 Malicious placement of an imitation 14 device 2(RCW 70 74 272(l)(b)) 15 Possession of Depictions of a Minor 16 Engaged in Sexually Explicit 17 Conduct(RCW 9 68A 070) 18 Rape of a Child 3 (RCW 9A.44 079) 19 Theft of a Firearm (RCW 9A 56 300) 20 Unlawful Storage of Ammonia(RCW 21 69 55 020) 22 V Abandonment of Dependent Person 2 23 (RCW 9A.42.070) 24 Advancing money or property for 25 extortionate extension of credit 26 (RCW 9A.82 030) 27 Bad Jumping with class A Felony 28 (RCW 9A.76170(3)(b)) 29 Child Molestation 3(RCW 9A.44 089) 1 30 Criminal Mistreatment 2(RCW 31 9A.42.030) ' 32 Custodial Sexual Misconduct 1 (RCW 33 9A 44.160) ' E3SHB 1001.SL p. 14 r 1 Domestic Violence Court Order 2 Violation(RCW 10 99 040, 3 10.99.050,26 09 300, 26 10 220, 4 26 26 138,26 50.110, 26 52 070, 5 or 74 34 145) 6 Driving While Under the Influence 7 (RCW 46 61.502(6)) 8 Extortion l (RCW 9A 56 120) 9 Extortionate Extension of Credit(RCW 10 9A.82.020) 11 Extortionate Means to Collect 12 Extensions of Credit(RCW 13 9A.82.040) 14 Incest 2(RCW 9A.64 020(2)) 15 Kidnapping 2(RCW 9A.40 030) 16 Perjury I (RCW 9A 72 020) 17 Persistent prison misbehavior(RCW is 9.94 070) , 19 Physical Control of a Vehicle While 20 Under the Influence(RCW 21 46 61 504(6)) 22 Possession of a Stolen Firearm(RCW 23 9A 56 310) 24 Rape (RCW 9A.44060) 25 Rendering Criminal Assistance I 26 (RCW 9A.76 070) 27 Sexual Misconduct with a Minor 1 28 (RCW 9A 44.093) 29 Sexually Violating Human Remains 30 (RCW 9A.44 105) 31 Stalking(RCW 9A 46.110) 32 Taking Motor Vehicle Without 33 Permission l (RCW 9A 56 070) 34 IV Arson 2(RCW 9A 48.030) 35 Assault 2(RCW 9A 36.021) 1 r P. 15 E3SHB 1001. SL I Assault 3(of a Peace Officer with a 2 Projectile Stun Gun)(RCW 3 9A.36.031(t)(h)) 4 Assault by Watercraft(RCW 5 79A.60.060) 6 Bribing a Witness/Bribe Received by 7 Witness(RC W 9A.72.090, 8 9A.72.100) 9 Cheating 1 (RCW 946 1961) 10 Commercial Bribery (RCW 9A.68.060) 11 Counterfeiting(RCW 9 16 035(4)) 12 Endangerment with a Controlled 13 Substance(RCW 9A 42 100) 14 Escape 1 (RCW 9A 76 110) ' 15 Hit and Run--Injury(RCW 16 46.52.020(4)(b)) 17 Hit and Run with Vessel--Injury is Accident(RCW 79A 60 200(3)) 19 Identity Theft I (RCW 9 35 020(2)) 1 20 Indecent Exposure to Person Under 21 Age Fourteen(subsequent sex 22 offense)(RCW 9A.88.010) 23 Influencing Outcome of Sporting Event 24 (RCW 9A.82070) 25 Mal tciousHarassment(RC W 26 9A.36 080) ' 27 Residential Burglary(RCW 28 9A 52.025) 29 Robbery 2(RCW 9A 56 210) 30 Theft of Livestock 1 (RCW 9A.56.080) 31 Threats to Bomb(RCW 9 61.160) 32 Trafficking in Stolen Property 1 (RCW 33 9A.82 050) 34 Unlawful factoring of a credit card or ' 35 payment card transaction(RCW 36 9A 56 290(4)(b)) E3SHB 1001. SL p. 16 I Unlawful transaction of health 2 coverage as a health care service 3 contractor(RCW 48.44.016(3)) 4 Unlawful transaction of health 5 coverage as a health maintenance 6 organization(RCW 48.46.033(3)) ' 7 Unlawful transaction of insurance B business(RCW 48.15 023(3)) ' 9 Unlicensed practice as an insurance 10 professional(RCW 48.17063(3)) 11 Use of Proceeds of Criminal 12 Profiteering(RCW 9A.82.080(1) 13 and(2)) ' 14 Vehicular Assault,by being under the 15 influence of intoxicating liquor or ' 16 any drug,or by the operation or 17 driving of a vehicle in a reckless 1B manner(RCW 46.61 522) ' 19 Willful Failure to Return from 20 Furlough(RCW 72.66 060) 21 III Animal Cruelty 1 (Sexual Conduct or 22 Contact)(RCW 16 52.205(3)) 23 Assault 3 (Except Assault 3 of a Peace 24 Officer With a Projectile Stun 25 Gun)(RCW 9A.36 031 except 26 subsection(1)(h)) 27 Assault of a Child 3 (RCW 9A 36 140) , 28 Bail Jumping with class B or C Felony 29 (RCW 9A.76.170(3)(c)) 30 Burglary 2(RCW 9A 52 030) 31 Communication with a Minor for 32 Immoral Purposes(RCW 33 9 68A.090) 34 Criminal Gang Intimidation(RCW 35 9A.46 120) r 36 Custodial Assault(RCW 9A 36.100) r p. 17 E3SHB 1001. SL 1 Cyberstalking(subsequent conviction 2 or threat of death)(RCW 3 9.61260(3)) 4 Escape 2(RCW 9A.76.120) 5 Extortion 2(RCW 9A.56.130) 6 Harassment(RCW 9A 46 020) 7 Intimidating a Public Servant(RCW ' 8 9A.76.180) 9 Introducing Contraband 2(RCW 10 9A.76.150) 11 Malicious Injury to Railroad Property 12 (RCW 81.60.070) ' 13 Negligently Causing Substantial Bodily 14 Harm By Use of a Signal 15 Preemption Device(RCW 16 46.37 674) 17 Organized Retail Theft 1 (RCW ' 18 9A.56 350(2)) 19 Patronizing a Juvenile Prostitute(RCW ' 20 9 68A 100) 21 Perjury 2(RCW 9A.72.030) 22 Possession of Incendiary Device(RCW 23 9.40.120) 24 Possession of Machine Gun or Short- 25 Barreled Shotgun or Rifle(RCW 26 9.41 190) ' 27 Promoting Prostitution 2(RCW 2 8 9A 88 080) 29 (([Retail1 )Retail Theft with 30 Extenuating Circumstances 1 31 (RCW 9A 56.360(2)) ' 32 Securities Act violation(RCW 33 21 20 400) 34 Tampering with a Witness(RCW 35 9A.72120) 113SHB 1001 .SL P. 18 I Telephone Harassment(subsequent ' 2 conviction or threat of death) 3 (RCW 9 61 230(2)) 4 Theft of Livestock 2(RCW 9A.56.083) 5 Theft with the Intent to Resell 1 (RCW 6 9A 56.340(2)) , 7 Trafficking in Stolen Property 2(RCW 8 9A.82 055) 9 Unlawful Imprisonment(RCW 10 9A.40.040) 11 Unlawful possession of firearm in the 12 second degree(RCW 9.41.040(2)) 13 Vehicular Assault,by the operation or ' 14 driving of a vehicle with disregard 15 for the safety of others(RC W ' 16 46 61.522) 17 Willful Failure to Return from Work 18 Release(RCW 72 65 070) 19 II Computer Trespass 1 (RCW 20 9A 52.110) 21 Counterfeiting(RCW 9.16 035(3)) 22 Escape from Community Custody 23 (RCW 72 09.310) 24 Failure to Register as a Sex Offender 25 (second or subsequent offense) 26 (RCW 9A 44.130(10)(a)) 27 Health Care False Claims(RCW 28 48 80 030) 29 Identity Theft 2(RCW 9 35 020(3)) 30 Improperly Obtaining Financial ' 31 Information(RCW 9.35 010) 32 Malicious Mischief 1 (RCW , 33 9A.48.070) 34 Organized Retail Theft 2(RCW 35 9A.56.350(3)) 36 Possession of Stolen Property I (RCW 37 9A 56 150) P. 19 E3SHB 1001. SL 1 Possession of a Stolen Vehicle(section 2 5 of this act, 3 (({RetaQ))Retail Theft with 4 Extenuating Circumstances 2 5 (RCW 9A.56.360(3)) 6 Theft 1 (RCW 9A 56.030) 7 Theft of a Motor Vehicle(section 2 of 8 this act 9 Theft of Rental, Leased,or Lease- , 10 purchased Property(valued at one 11 thousand five hundred dollars or 12 more)(RCW 9A 56 096(5)(a)) 13 Theft with the Intent to Resell 2(RCW 14 9A 56.340(3)) 15 Trafficking in Insurance Claims(RCW 16 48.30A.015) 17 Unlawful factoring of a credit card or ' 18 payment card transaction(RCW 19 9A 56.290(4)(a)) 1 20 Unlawful Practice of Law(RCW 21 2.48 180) 22 Unlicensed Practice of a Profession or 23 Business(RCW 18.130 190(7)) 24 Voyeurism(RCW 9A.44.115) 25 I Attempting to Elude a Pursuing Police 26 Vehicle(RCW 46.61,024) ' 27 False Verification for Welfare(RCW 28 74 08.055) 29 Forgery(RCW 9A.60 020) 30 Fraudulent Creation or Revocation of a 31 Mental Health Advance Directive ' 32 (RCW 9A.60.060) 33 Malicious Mischief 2(RCW 34 9A.48 080) ' 35 Mineral Trespass(RCW 78.44.330) 36 Possession of Stolen Property 2(RCW ' 37 9A 56 160) 1 E3SHB 1001 . SL p, 20 1 Reckless Burning 1 (RCW 9A.48.040) 2 Taking Motor Vehicle Without 3 Permission 2(RCW 9A 56 075) 4 Theft 2(RCW 9A 56 040) 5 Theft of Rental,Leased,or Lease- 6 purchased Property(valued at two ' 7 hundred fifty dollars or more but 8 less than one thousand five 9 hundred dollars)(RCW 10 9A 56 096(5)(b)) 11 Transaction of insurance business , 12 beyond the scope of hcensure 13 (RCW 48.17 063(4)) 14 Unlawful Issuance of Checks or Drafts 15 (RCW 9A 56.060) 16 Unlawful Possession of Fictitious 17 Identification(RCW 9A 56 320) 18 Unlawful Possession of Instruments of ' 19 Financial Fraud(RCW 9A 56 320) 20 Unlawful Possession of Payment , 21 Instruments(RCW 9A 56 320) 22 Unlawful Possession of a Personal 23 Identification Device(RCW 24 9A.56 320) 25 Unlawful Production of Payment 26 Instruments(RCW 9A 56 320) 27 Unlawful Trafficking in Food Stamps 28 (RCW 9.91.142) 29 Unlawful Use of Food Stamps(RCW 30 9.91.144) 31 Vehicle Prowl I (RCW 9A 52.095) 32 Sec. 11. RCW 13 .40. 0357 and 2006 c 73 s 14 are each amended to , 33 read as follows : 34 DESCRIPTION AND OFFENSE CATEGORY p. 21 E3SHB 1001.SL I JUVENILE DISPOSITION 2 JUVENILE CATEGORY FOR 3 DISPOSITION AT fEMI'r,BAILJUMP, 4 OFFENSE CONSPIRACY,OR 5 CATEGORY DESCRIPTION(RCW CITATION) SOLICITATION 6 . ..... . .... . . .. . . .. . ... . .... . . . .. ...... .. 7 Arson and Malicious Mischief 8 A Arson 1 (9A 48 020) B+ 9 B Arson 2(9A 48 030) C ' 10 C Reckless Burning 1 (9A 48 040) D 11 D Reckless Burning 2(9A 48 050) E 12 B Malicious Mischief 1 (9A 48 070) C 13 C Malicious Mischief 2(9A 48 080) D 14 D Malicious Mischief 3(9A 48 090(2)(a)and 15 (c)) E 16 E Malicious Mischief 3(9A 48 090(2)(b)) E 17 E Tampering with Fire Alarm Apparatus 18 (9 40 100) E 19 E Tampering with Fire Alarm Apparatus with 20 Intent to Commit Arson(9.40.105) E 21 A Possession of Incendiary Device(9 40 120)B+ ' 22 Assault and Other Crimes Involving 23 Physical Harm 24 A Assault 1 (9A 36 011) B+ 25 B+ Assault 2(9A.36 021) C+ 26 C+ Assault 3 (9A.36 031) D+ ' 27 D+ Assault 4(9A 36.041) E 28 B+ Drive-By Shooting(9A 36 045) C+ 29 D+ Reckless Endangerment(9A.36 050) E 30 C+ Promoting Suicide Attempt(9A.36.060) D+ 31 D+ Coercion(9A.36 070) E 32 C+ Custodial Assault(9A.36 100) D+ 33 Burglary and Trespass ' 34 B+ Burglary 1 (9A.52 020) C+ 35 B Residential Burglary (9A.52 025) C 36 B Burglary 2(9A.52 030) C 37 D Burglary Tools(Possession of)(9A.52.060)E ' E3SHB 1001. SL p, 22 1 D Criminal Trespass I (9A 52 070) E ' 2 E Criminal Trespass 2(9A.52.080) E 3 C Mineral Trespass(78.44 330) C ' 4 C Vehicle Prowling 1 (9A.52.095) D 5 D Vehicle Prowling 2(9A 52 100) E 6 Drugs ' 7 E Possession/Consumption of Alcohol 8 (66 44.270) E ' 9 C Illegally Obtaining Legend Drug 10 (69.41 020) D 11 C+ Sale,Delivery,Possession of Legend Drug 12 with Intent to Sell(69 41.030(2)(a)) D+ 13 E Possession of Legend Drug ' 14 (69 41 030(2)(b)) E 15 B+ Violation of Uniform Controlled Substances ' 16 Act-Narcotic,Metham phetam ine,or 17 Flunitrazepam Sale(69 50 401(2)(a)or 18 (b)) B+ ' 19 C Violation of Uniform Controlled Substances 20 Act-Nonnarcotic Sale(69.50 401(2)(c)) C ' 21 E Possession of Marihuana<40 grams 22 (69.50.4014) E , 23 C Fraudulently Obtaining Controlled 24 Substance(69.50.403) C 25 C+ Sale of Controlled Substance for Profit 26 (69.50 410) C+ 27 E Unlawful Inhalation(9 47A 020) E ' 28 B Violation of Uniform Controlled Substances 29 Act-Narcotic,Methamphetamine,or ' 30 Flumtrazepam Counterfeit Substances 31 (69 50 401 1(2)(a)or(b)) B 32 C Violation of Uniform Controlled Substances 33 Act-Nonnarcotic Counterfeit Substances 34 (69 50 4011(2)(c),(d),or(e)) C , 35 C Violation of Uniform Controlled Substances 36 Act-Possession of a Controlled Substance 37 (69 50.4013) C p. 23 E3SHB 1001. SL , 1 C Violation of Uniform Controlled Substances 2 Act-Possession of a Controlled Substance 3 (69 50.4012) C 4 Firearms and Weapons 5 B Theft of Firearm(9A.56.300) C 6 B Possession of Stolen Firearm(9A.56.310) C 7 E Carrying Loaded Pistol Without Permit 8 (9.41.050) E 9 C Possession of Firearms by Minor(<I8) 10 (9.41.040(2xa)(iii)) C 11 D+ Possession of Dangerous Weapon 12 (9.41.250) E 13 D Intimidating Another Person by use of 14 Weapon(9 41 270) E 15 Homicide 16 A+ Murder 1 (9A.32.030) A ' 17 A+ Murder 2(9A 32.050) B+ 18 B+ Manslaughter I (9A 32 060) C+ ' 19 C+ Manslaughter 2(9A.32 070) D+ 20 B+ Vehicular Homicide(46 61.520) C+ ' 21 Kidnapping 22 A Kidnap I (9A.40 020) B+ 23 B+ Kidnap 2(9A 40.030) C+ 24 C+ Unlawful Imprisonment(9A 40.040) D+ 25 Obstructing Governmental Operation 26 D Obstructing a Law Enforcement Officer 27 (9A.76.020) E ' 28 E Resisting Arrest(9A.76 040) E 29 B Introducing Contraband I (9A.76.140) C 30 C Introducing Contraband 2(9A 76.150) D 31 E Introducing Contraband 3(9A 76 160) E 32 B+ Intimidating a Public Servant(9A.76.180) C+ ' 33 B+ Intimidating a Witness(9A.72 110) C+ 34 Public Disturbance ' 35 C+ Riot with Weapon(9A 84.010(2)(b)) D+ 36 D+ Riot Without Weapon(9A.84.010(2)(a)) E tE38HB 1001. SL P. 24 I E Failure to Disperse(9A 84.020) E ' 2 E Disorderly Conduct(9A 84 030) E 3 Sex Crimes ' 4 A Rape 1 (9A.44.040) B+ 5 A- Rape 2(9A 44.050) B+ 6 C+ Rape 3 (9A 44.060) D+ 7 A- Rape of a Child 1 (9A.44.073) B+ 8 B+ Rape of a Child 2 (9A 44 076) C+ 9 B Incest I (9A 64 020(1)) C 10 C Incest 2(9A 64 020(2)) D ' 11 D+ Indecent Exposure(Victim<14) 12 (9A.88.010) E 13 E Indecent Exposure(Victim 14 or over) ' 14 (9A.88.010) E 15 B+ Promoting Prostitution I (9A 88 070) C+ ' 16 C+ Promoting Prostitution 2(9A.88 080) D+ 17 E O&A(Prostitution)(9A.88.030) E 18 B+ Indecent Liberties(9A 44.100) C+ ' 19 A- Child Molestation 1 (9A 44 083) B+ 20 B Child Molestation 2(9A.44.086) C+ , 21 Theft,Robbery,Extortion,and Forgery 22 B Theft I (9A 56 030) C , 23 C Theft 2(9A 56 040) D 24 D Theft 3(9A.56 050) E 25 B Theft of Livestock I and 2(9A.56 080 and , 26 9A.56.083) C 27 C Forgery(9A.60.020) D ' 28 A Robbery I (9A 56 200) B+ 29 B+ Robbery 2(9A 56 210) C+ , 30 B+ Extortion 1 (9A.56 120) C+ 31 C+ Extortion 2(9A 56.130) D+ 32 C Identity Theft 1 (9.35 020(2)) D ' 33 D Identity Theft 2(9 35 020(3)) E 34 D Improperly Obtaining Financial Information , 35 (9 35 010) E 36 $ Possession of a Stolen Vehicle(section 5 of 37 this act) C ' i p. 25 E3SHB 1001.SL ' 1 B Possession of Stolen Property 1 2 (9A 56.150) C ' 3 C Possession of Stolen Property 2 4 (9A.56.160) D 5 D Possession of Stolen Property 3 6 (9A.56.170) E 7 ((6)) Taking Motor Vehicle Without Permission ((B)) ' 8 B 1 ((an"))(9A.56 070((a-"9A 56 079))) C 9 C Taking Motor Vehicle Without Permission 10 2(9A.56.075) D 11 Theft of a Motor Vehicle(section 2 of this 12 act) C 13 Motor Vehicle Related Crimes 14 E Driving Without a License(46.20 005) E ' 15 B+ Hit and Run-Death(46 52 020(4)(a)) C+ 16 C Hit and Run-Injury(46.52.020(4)(b)) D 17 D Hit and Run-Attended(46 52.020(5)) E ' 18 E Hit and Run-Unattended(46.52 010) E 19 C Vehicular Assault(46 61.522) D ' 20 C Attempting to Elude Pursuing Police 21 Vehicle(46.61 024) D 22 E Reckless Driving(46.61.500) E ' 23 D Driving While Under the Influence 24 (46.61.502 and 46.61.504) E ' 25 B+ Felony Driving While Under the Influence 26 (46 61.502(6)) B 27 B+ Felony Physical Control of a Vehicle While 28 Under the Influence(46.61.504(6)) B 29 Other 30 B Animal Cruelty l (16 52.205) C 31 B Bomb Threat(9 61.160) C ' 32 C Escape I' (9A 76.110) C 33 C Escape 2' (9A.76.120) C 34 D Escape 3 (9A.76.130) E ' 35 E Obscene,Harassing,Etc.,Phone Calls 36 (9.61 230) E ' E3SH11 1001. SL p. 26 1 1 A Other Offense Equivalent to an Adult Class , 2 A Felony B+ 3 B Other Offense Equivalent to an Adult Class , 4 B Felony C 5 C Other Offense Equivalent to an Adult Class 6 C Felony D ' 7 D Other Offense Equivalent to an Adult Gross 8 Misdemeanor E , 9 E Other Offense Equivalent to an Adult 10 Misdemeanor E 11 V Violation of Order of Restitution, , 12 Community Supervision,or Confinement 13 (13 40 200)2 V 14 'Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 15 and the standard range is established as follows : ' 16 1st escape or attempted escape during 12-month period - 4 weeks 17 confinement ' 18 2nd escape or attempted escape during 12-month period - 8 weeks 19 confinement 20 3rd and subsequent escape or attempted escape during 12-month , 21 period - 12 weeks confinement 22 'If the court finds that a respondent has violated terms of an order, , 23 it may impose a penalty of up to 30 days of confinement . 24 JUVENILE SENTENCING STANDARDS , 25 This schedule must be used for juvenile offenders . The court may 26 select sentencing option A, B, C, D, or RCW 13 .40 . 167 . 27 OPTION A 28 JUVENILE OFFENDER SENTENCING GRID 29 STANDA RD RANGE 30 A+ 180 WEEKS TO AGE 21 YEARS 31 32 A 103 WEEKS TO 129 WEEKS 33 , 34 A• 15-36 I32-65 I80.100 IWEEKS 103-129 35 WEEKS WEEKS WEEKS p. 27 E3SHB 1001. SL ' I EXCEPT 2 30-40 3 WEEKSFOR e q IS•l7 S YEAR OLDS 6 ' 7 Cut t B+ 15.36 52-65 60-100 103-129 6 Offense WEEKS (WEEKS (WEEKS (WEEKS 9 Came«r 10 3 LOCAL 52-65 11 SANCTIONS(LS) 15-36 WEEKS WEEKS ' 11 13 C+ LS la 15-36 WEEKS 15 16 C L9 15•J6 WEEKS 17 LoW Swam 13 0 w 30 Days 19 D+ LS 0w 12 Months Community Supemrm 20 0 to 150 Hmta Community Resuumm ' 21 D LS So to S500 Fine 21 23 B LS 26 is o 1 z 3 a 26 Mmone 27 PRIOR ADMICATIONS 28 NOTE : References in the grid to days or weeks mean periods of 29 confinement . 30 (1) The vertical axis of the grid is the current offense category. 31 The current offense category is determined by the offense of ' 32 adjudication. 33 (2) The horizontal axis of the grid is the number of prior 34 adjudications included in the juvenile' s criminal history. Each prior ' 35 felony adjudication shall count as one point. Each prior violation, 36 misdemeanor, and gross misdemeanor adjudication shall count as 1j4 ' 37 point . Fractional points shall be rounded down. 38 (3) The standard range disposition for each offense is determined ' 39 by the intersection of the column defined by the prior adjudications 40 and the row defined by the current offense category. 41 (4) RCW 13 .40 . 180 applies if the offender is being sentenced for ' 42 more than one offense. ' E3SHB 1001. SL p. 28 1 (5) A current offense that is a violation is equivalent to an ' 2 offense category of E. However, a disposition for a violation shall 3 not include confinement . 4 OR ' 5 OPTION 8 ' 6 SUSPENDED DISPOSITION ALTERNATIVE 7 (1) If the offender is subject to a standard range disposition ' 8 involving confinement by the department, the court may impose the 9 standard range and suspend the disposition on condition that the 10 offender comply with one or more local sanctions and any educational or , 11 treatment requirement. The treatment programs provided to the offender 12 must be research-based best practice programs as identified by the , 13 Washington state institute for public policy or the joint legislative 14 audit and review committee. ' 15 (2) If the offender fails to comply with the suspended disposition, 16 the court may impose sanctions pursuant to RCW 13 .40 . 200 or may revoke 17 the suspended disposition and order the disposition' s execution. ' 18 (3) An offender is ineligible for the suspended disposition option 19 under this section if the offender is : ' 20 (a) Adjudicated of an A+ offense; 21 (b) Fourteen years of age or older and is adjudicated of one or ' 22 more of the following offenses : 23 (i) A class A offense, or an attempt, conspiracy, or solicitation 24 to commit a class A offense; ' 25 (ii) Manslaughter in the first degree (RCW 9A. 32 . 060) ; or 26 (iii) Assault in the second degree (RCW 9A.36 . 021) , extortion in 27 the first degree (RCW 9A. 56. 120) , kidnapping in the second degree (RCW 28 9A.40 . 030) , robbery in the second degree (RCW 9A. 56 . 210) , residential 29 burglary (RCW 9A.52 . 025) , burglary in the second degree (RCW , 30 9A.52. 030) , drive-by shooting (RCW 9A.36 . 045) , vehicular homicide (RCW 31 46 .61. 520) , hit and run death (RCW 46 . 52. 020 (4) (a) ) , intimidating a , 32 witness (RCW 9A.72 .110) , violation of the uniform controlled substances 33 act (RCW 69 . 50.401 (2) (a) and (b) ) , or manslaughter 2 (RCW 9A. 32 . 070) , ' 34 when the offense includes infliction of bodily harm upon another or 35 when during the commission or immediate withdrawal from the offense the 36 respondent was armed with a deadly weapon; p. 29 E3SHB 1001 .SL ' 1 (c) Ordered to serve a disposition for a firearm violation under 2 RCW 13 .40 .193 ; or 3 (d) Adjudicated of a sex offense as defined in RCW 9. 94A. 030 . 4 OR ' 5 OPTION C 6 CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE 7 If the juvenile offender is subject to a standard range disposition 8 of local sanctions or 15 to 36 weeks of confinement and has not 9 committed an A- or B+ offense, the court may impose a disposition under 10 RCW 13 .40 . 160 (4) and 13 .40 . 165 . 11 OR 12 OPTION D 13 MANIFEST INJUSTICE 14 If the court determines that a disposition under option A, B, or C 15 would effectuate a manifest injustice, the court shall impose a ' 16 disposition outside the standard range under RCW 13 .40. 160 (2) . 17 NEW SECTION. Sec. 12. A new section is added to chapter 13 .40 RCW 18 to read as follows : ' 19 If a juvenile is adjudicated of theft of a motor vehicle under 20 section 2 of this act, possession of a stolen vehicle under section 5 21 of this act, taking a motor vehicle without permission in the first 22 degree as defined in RCW 9A.56 . 070 (l) , or taking a motor vehicle 23 without permission in the second degree as defined in RCW 9A.56. 075 (1) ' 24 and is sentenced to local sanctions, the juvenile ' s disposition shall 25 include an evaluation to determine whether the juvenile is in need of 26 community-based rehabilitation services and to complete any treatment ' 27 recommended by the evaluation. ' 28 Sec. 13 . RCW 13 .40 .210 and 2002 c 175 s 27 are each amended to 29 read as follows: 30 (1) The secretary shall set a release date for each juvenile 31 committed to its custody. The release date shall be within the 32 prescribed range to which a juvenile has been committed under RCW ' 33 13 .40. 0357 or 13 .40. 030 except as provided in RCW 13 .40 .320 concerning 34 offenders the department determines are eligible for the juvenile E3SHB 1001 .SL p. 30 I offender basic training camp program. Such dates shall be determined ' 2 prior to the expiration of sixty percent of a juvenile ' s minimum term 3 of confinement included within the prescribed range to which the , 4 juvenile has been committed. The secretary shall release any juvenile 5 committed to the custody of the department within four calendar days 6 prior to the juvenile' s release date or on the release date set under ' 7 this chapter. Days spent in the custody of the department shall be 8 tolled by any period of time during which a juvenile has absented 9 himself or herself from the department ' s supervision without the prior 10 approval of the secretary or the secretary' s designee. 11 (2) The secretary shall monitor the average daily population of the ' 12 state' s juvenile residential facilities . When the secretary concludes 13 that in-residence population of residential facilities exceeds one 14 hundred five percent of the rated bed capacity specified in statute, or 15 in absence of such specification, as specified by the department in 16 rule, the secretary may recommend reductions to the governor. On 17 certification by the governor that the recommended reductions are 18 necessary, the secretary has authority to administratively release a 19 sufficient number of offenders to reduce in-residence population to one 20 hundred percent of rated bed capacity. The secretary shall release 21 those offenders who have served the greatest proportion of their 22 sentence. However, the secretary may deny release in a particular case ' 23 at the request of an offender, or if the secretary finds that there is 24 no responsible custodian, as determined by the department, to whom to 25 release the offender, or if the release of the offender would pose a ' 26 clear danger to society. The department shall notify the committing 27 court of the release at the time of release if any such early releases ' 28 have occurred as a result of excessive in-residence population. In no 29 event shall an offender adjudicated of a violent offense be granted 30 release under the provisions of this subsection. t 31 (3) (a) Following the release of any juvenile under subsection (1) 32 of this section, the secretary may require the juvenile to comply with ' 33 a program of parole to be administered by the department in his or her 34 community which shall last no longer than eighteen months, except that ' 35 in the case of a juvenile sentenced for rape in the first or second 36 degree, rape of a child in the first or second degree, child 37 molestation in the first degree, or indecent liberties with forcible ' 38 compulsion, the period of parole shall be twenty-four months and, in p. 31 E3SHB 1001.SL I the discretion of the secretary, may be up to thirty-six months when 2 the secretary finds that an additional period of parole is necessary 3 and appropriate in the interests of public safety or to meet the 4 ongoing needs of the juvenile. A parole program is mandatory for 5 offenders released under subsection (2 ) of this section and for ' 6 offenders who receive a juvenile residential commitment sentence of 7 theft of a motor vehicle 1 possession of a stolen motor vehicle. or 8 taking a motor vehicle without permission 1. The decision to place an 9 offender on parole shall be based on an assessment by the department of 10 the offender 's risk for reoffending upon release. The department shall 11 prioritize available parole resources to provide supervision and 12 services to offenders at moderate to high risk for reoffending. ' 13 (b) The secretary shall, for the period of parole, facilitate the 14 juvenile' s reintegration into his or her community and to further this ' 15 goal shall require the juvenile to refrain from possessing a firearm or 16 using a deadly weapon and refrain from committing new offenses and may 17 require the juvenile to: (i) Undergo available medical, psychiatric, is drug and alcohol, sex offender, mental health, and other offense- 19 related treatment services; (ii) report as directed to a parole officer 20 and/or designee; (iii) pursue a course of study, vocational training, 21 or employment; (iv) notify the parole officer of the current address 22 where he or she resides; (v) be present at a particular address during 23 specified hours; (vi) remain within prescribed geographical boundaries; 24 (vii) submit to electronic monitoring; (viii) refrain from using 25 illegal drugs and alcohol, and submit to random urinalysis when 26 requested by the assigned parole officer; (ix) refrain from contact 27 with specific individuals or a specified class of individuals; (x) meet 28 other conditions determined by the parole officer to further enhance 29 the juvenile' s reintegration into the community; (xi) pay any court- , 30 ordered fines or restitution; and (xii) perform community restitution. 31 Community restitution for the purpose of this section means compulsory ' 32 service, without compensation, performed for the benefit of the 33 community by the offender. Community restitution may be performed ' 34 through public or private organizations or through work crews. 35 (c) The secretary may further require up to twenty-five percent of 36 the highest risk juvenile offenders who are placed on parole to 37 participate in an intensive supervision program. Offenders 38 participating in an intensive supervision program shall be required to ' E3SHB 1001.SL p, 32 1 comply with all terms and conditions listed in (b) of this subsection 2 and shall also be required to comply with the following additional 3 terms and conditions : (i) Obey all laws and refrain from any conduct 4 that threatens public safety; (ii) report at least once a week to an 5 assigned community case manager; and (iii) meet all other requirements 6 imposed by the community case manager related to participating in the ' 7 intensive supervision program. As a part of the intensive supervision 8 program, the secretary may require day reporting. 9 (d) After termination of the parole period, the juvenile shall be 10 discharged from the department ' s supervision. 11 (4) (a) The department may also modify parole for violation thereof. ' 12 If, after affording a juvenile all of the due process rights to which 13 he or she would be entitled if the juvenile were an adult, the ' 14 secretary finds that a juvenile has violated a condition of his or her 15 parole, the secretary shall order one of the following which is ' 16 reasonably likely to effectuate the purpose of the parole and to 17 protect the public : (i) Continued supervision under the same 18 conditions previously imposed; (ii) intensified supervision with 19 increased reporting requirements; (iii) additional conditions of 20 supervision authorized by this chapter; (iv) except as provided in 21 (a) (v) and (vi) of this subsection, imposition of a period of 22 confinement not to exceed thirty days in a facility operated by or 23 pursuant to a contract with the state of Washington or any city or 24 county for a portion of each day or for a certain number of days each 25 week with the balance of the days or weeks spent under supervision; (v) 26 the secretary may order any of the conditions or may return the 27 offender to confinement for the remainder of the sentence range if the 28 offense for which the offender was sentenced is rape in the first or 29 second degree, rape of a child in the first or second degree, child 30 molestation in the first degree, indecent liberties with forcible ' 31 compulsion, or a sex offense that is also a serious violent offense as 32 defined by RCW 9 . 94A. 030 ; and (vi) the secretary may order any of the , 33 conditions or may return the offender to confinement for the remainder 34 of the sentence range if the youth has completed the basic training , 35 camp program as described in RCW 13 .40 . 320. 36 (b) If the department finds that any juvenile in a program of 37 parole has possessed a firearm or used a deadly weapon during the 38 program of parole, the department shall modify the parole under (a) of p. 33 E3SHB 1001 .SL 1 this subsection and confine the juvenile for at least thirty days. 2 Confinement shall be in a facility operated by or pursuant to a 3 contract with the state or any county. �i 4 (5) A parole officer of the department of social and health 5 services shall have the power to arrest a juvenile under his or her I6 supervision on the same grounds as a law enforcement officer would be 7 authorized to arrest the person. 8 (6) If so requested and approved under chapter 13 . 06 RCW, the 9 secretary shall permit a county or group of counties to perform 10 functions under subsections (3) through (5) of this section. 11 Sec. 14 . RCW 13 .40 . 160 and 2004 c 120 s 4 and 2004 c 38 s 11 are 12 each reenacted and amended to read as follows : 13 (1) The standard range disposition for a juvenile adjudicated of an 14 offense is determined according to RCW 13 .40 .0357 . 15 (a) When the court sentences an offender to a local sanction as 16 provided in RCW 13 .40. 0357 option A, the court shall impose a 17 determinate disposition within the standard ranges, except as provided 18 in subsection (2) , (3) , (4) , (5) , or (6) of this section. The 19 disposition may be comprised of one or more local sanctions. 20 (b) When the court sentences an offender to a standard range as 21 provided in RCW 13 .40 .0357 option A that includes a term of confinement 22 exceeding thirty days, commitment shall be to the department for the 23 standard range of confinement, except as provided in subsection (2) , 24 (3) , (4) , (5) , or (6) of this section . 25 (2) If the court concludes, and enters reasons for its conclusion, 26 that disposition within the standard range would effectuate a manifest 27 injustice the court shall impose a disposition outside the standard 28 range, as indicated in option D of RCW 13 .40 .0357 . The court ' s finding 29 of manifest injustice shall be supported by clear and convincing 30 evidence. 31 A disposition outside the standard range shall be determinate and 32 shall be comprised of confinement or community supervision, or a 33 combination thereof. When a judge finds a manifest injustice and 34 imposes a sentence of confinement exceeding thirty days, the court 35 shall sentence the juvenile to a maximum term, and the provisions of 36 RCW 13 . 40 . 030 (2) shall be used to determine the range. A disposition E3SHB 1001.SL p. 34 1 outside the standard range is appealable under RCW 13 .40 . 230 by the 2 state or the respondent. A disposition within the standard range is 3 not appealable under RCW 13 .40 .230 . 4 (3) When a 3uvenile offender is found to have committed a sex 5 offense, other than a sex offense that is also a serious violent 6 offense as defined by RCW 9 .94A. 030, and has no history of a prior sex 7 offense, the court, on its own motion or the motion of the state or the 8 respondent, may order an examination to determine whether the 9 respondent is amenable to treatment . 10 The report of the examination shall include at a minimum the 11 following : The respondent' s version of the facts and the official 12 version of the facts, the respondent ' s offense history, an assessment 13 of problems in addition to alleged deviant behaviors, the respondent ' s 14 social, educational, and employment situation, and other evaluation 15 measures used. The report shall set forth the sources of the 16 evaluator's information. 17 The examiner shall assess and report regarding the respondent ' s 18 amenability to treatment and relative risk to the community. A 19 proposed treatment plan shall be provided and shall include, at a 20 minimum: 21 (a) (i) Frequency and type of contact between the offender and 22 therapist; 23 (ii) Specific issues to be addressed in the treatment and 24 description of planned treatment modalities; 25 (iii) Monitoring plans, including any requirements regarding living 26 conditions, lifestyle requirements, and monitoring by family members, 27 legal guardians, or others; 28 (iv) Anticipated length of treatment; and 29 (v) Recommended crime-related prohibitions. 30 The court on its own motion may order, or on a motion by the state 31 shall order, a second examination regarding the offender' s amenability 32 to treatment. The evaluator shall be selected by the party making the 33 motion. The defendant shall pay the cost of any second examination 34 ordered unless the court finds the defendant to be indigent in which 35 case the state shall pay the cost. 36 After receipt of reports of the examination, the court shall then 37 consider whether the offender and the community will benefit from use 38 of this special sex offender disposition alternative and consider the p. 35 E3SHB 1001. SL I victim' s opinion whether the offender should receive a treatment 2 disposition under this section. If the court determines that this 3 special sex offender disposition alternative is appropriate, then the 4 court shall impose a determinate disposition within the standard range 5 for the offense, or if the court concludes, and enters reasons for its 6 conclusions, that such disposition would cause a manifest injustice, 7 the court shall impose a disposition under option D, and the court may 8 suspend the execution of the disposition and place the offender on 9 community supervision for at least two years . As a condition of the 10 suspended disposition, the court may impose the conditions of community 11 supervision and other conditions, including up to thirty days of 12 confinement and requirements that the offender do any one or more of 13 the following: 14 (b) (i) Devote time to a specific education, employment, or 15 occupation; 16 (ii) Undergo available outpatient sex offender treatment for up to 17 two years, or inpatient sex offender treatment not to exceed the 18 standard range of confinement for that offense. A community mental 19 health center may not be used for such treatment unless it has an 20 appropriate program designed for sex offender treatment . The 21 respondent shall not change sex offender treatment providers or 22 treatment conditions without first notifying the prosecutor, the 23 probation counselor, and the court, and shall not change providers 24 without court approval after a hearing if the prosecutor or probation 25 counselor object to the change; 26 (iii) Remain within prescribed geographical boundaries and notify 27 the court or the probation counselor prior to any change in the 28 offender' s address, educational program, or employment; 29 (iv) Report to the prosecutor and the probation counselor prior to 30 any change in a sex offender treatment provider. This change shall 31 have prior approval by the court; 32 (v) Report as directed to the court and a probation counselor; 33 (vi) Pay all court-ordered legal financial obligations, perform 34 community restitution, or any combination thereof; 35 (vii) Make restitution to the victim for the cost of any counseling 36 reasonably related to the offense; 37 (viii) Comply with the conditions of any court-ordered probation 38 bond; or E3SHB 1001.SL p. 36 1 (ix) The court shall order that the offender shall not attend the 2 public or approved private elementary, middle, or high school attended 3 by the victim or the victim's siblings . The parents or legal guardians 4 of the offender are responsible for transportation or other costs 5 associated with the offender' s change of school that would otherwise be 6 paid by the school district . The court shall send notice of the 7 disposition and restriction on attending the same school as the victim 8 or victim' s siblings to the public or approved private school the 9 juvenile will attend, if known, or if unknown, to the approved private 10 schools and the public school district board of directors of the 11 district in which the juvenile resides or intends to reside. This 12 notice must be sent at the earliest possible date but not later than 13 ten calendar days after entry of the disposition. 14 The sex offender treatment provider shall submit quarterly reports 15 on the respondent ' s progress in treatment to the court and the parties . 16 The reports shall reference the treatment plan and include at a minimum 17 the following: Dates of attendance, respondent ' s compliance with 1s requirements, treatment activities, the respondent ' s relative progress 19 in treatment, and any other material specified by the court at the time 20 of the disposition. 21 At the time of the disposition, the court may set treatment review 22 hearings as the court considers appropriate. 23 Except as provided in this subsection (3) , after July 1, 1991, 24 examinations and treatment ordered pursuant to this subsection shall 25 only be conducted by certified sex offender treatment providers or 26 certified affiliate sex offender treatment providers under chapter 27 18 . 155 RCW. A sex offender therapist who examines or treats a juvenile 28 sex offender pursuant to this subsection does not have to be certified 29 by the department of health pursuant to chapter 18 . 155 RCW if the court 30 finds that : (A) The offender has already moved to another state or 31 plans to move to another state for reasons other than circumventing the 32 certification requirements; (B) no certified sex offender treatment 33 providers or certified affiliate sex offender treatment providers are 34 available for treatment within a reasonable geographical distance of 35 the offender' s home; and (C) the evaluation and treatment plan comply 36 with this subsection (3) and the rules adopted by the department of 37 health. p. 37 E3SHB 1001.SL 1 If the offender violates any condition of the disposition or the 2 court finds that the respondent is failing to make satisfactory 3 progress in treatment, the court may revoke the suspension and order 4 execution of the disposition or the court may impose a penalty of up to 5 thirty days , confinement for violating conditions of the disposition. ' 6 The court may order both execution of the disposition and up to thirty 7 days , confinement for the violation of the conditions of the 8 disposition. The court shall give credit for any confinement time 9 previously served if that confinement was for the offense for which the 10 suspension is being revoked. 11 For purposes of this section, "victim" means any person who has 12 sustained emotional, psychological, physical, or financial injury to 13 person or property as a direct result of the crime charged. "Victim" 14 may also include a known parent or guardian of a victim who is a minor 15 child unless the parent or guardian is the perpetrator of the offense. 16 A disposition entered under this subsection (3) is not appealable 17 under RCW 13 .40 . 230. 18 (4) If the juvenile offender is subject to a standard range 19 disposition of local sanctions or 15 to 36 weeks of confinement and has I 20 not committed an A- or B+ offense, the court may impose the disposition 21 alternative under RCW 13 .40 .165. 22 (5) If a juvenile is subject to a commitment of 15 to 65 weeks of 23 confinement, the court may impose the disposition alternative under RCW 24 13 .40. 167 . 25 (6) When the offender is subject to a standard range commitment of 26 15 to 36 weeks and is ineligible for a suspended disposition 27 alternative, a manifest injustice disposition below the standard range, 28 special sex offender disposition alternative, chemical dependency 29 disposition alternative, or mental health disposition alternative, the 30 court in a county with a pilot program under RCW 13 .40 . 169 may impose 31 the disposition alternative under RCW 13 . 40 . 169. 32 (7) RCW 13 . 40. 193 shall govern the disposition of any juvenile 33 adjudicated of possessing a firearm in violation of RCW 34 9.41 .040 (2) (a) (iii) or any crime in which a special finding is entered 35 that the juvenile was armed with a firearm. 36 (8) Section 15 of this act shall govern the disposition of any 37 iuvenile adjudicated of theft of a motor vehicle as defined under 38 section 2 of this act. Dossession of a stolen motor vehicle as defined E3SHB 1001.SL p. 38 I under section 5 of this act, taking a motor vehicle without permission 2 in the first degree under RCW 9A. 56 . 070 , and taking a motor vehicle 3 without permission in the second degree under RCW 9A. 56 . 075 . 4 (9) Whenever a juvenile offender is entitled to credit for time 5 spent in detention prior to a dispositional order, the dispositional 6 order shall specifically state the number of days of credit for time 7 served. 8 (10) Except as provided under subsection (3) , (4) , (5) , or 9 (6) of this section, or option B of RCW 13 .40 . 0357, or RCW 13 .40 . 127, 10 the court shall not suspend or defer the imposition or the execution of 11 the disposition. 12 ( ( (4:0) ) ) 11 In no case shall the term of confinement imposed by 13 the court at disposition exceed that to which an adult could be 14 subjected for the same offense . 15 NEW SECTION. Sec. 15. A new section is added to chapter 13 .40 RCW 16 to read as follows : 17 (1) If a respondent is adjudicated of taking a motor vehicle 18 without permission in the first degree as defined in RCW 9A. 56. 070, the 19 court shall impose the following minimum sentence, in addition to any 20 restitution the court may order payable to the victim: 21 (a) Juveniles with a prior criminal history score of zero to one- 22 half points shall be sentenced to a standard range sentence that 23 includes no less than five days of home detention, forty-five hours of 24 community restitution, and a two hundred dollar fine; 25 (b) Juveniles with a prior criminal history score of three-quarters 26 to one and one-half points shall be sentenced to standard range 27 sentence that includes no less than ten days of detention, ninety hours 28 of community restitution, and a four hundred dollar fine; and 29 (c) Juveniles with a prior criminal history score of two or more 30 points shall be sentenced to no less than fifteen to thirty-six weeks 31 of confinement, seven days of home detention, four months of 32 supervision, ninety hours of community restitution, and a four hundred 33 dollar fine. 34 (2) If a respondent is adjudicated of theft of a motor vehicle as 35 defined under section 2 of this act, or possession of a stolen vehicle 36 as defined under section 5 of this act, the court shall impose the p. 39 E3SHB 1001 .SL 1 following minimum sentence, in addition to any restitution the court 2 may order payable to the victim: 3 (a) Juveniles with a prior criminal history score of zero to one- 4 half points shall be sentenced to a standard range sentence that 5 includes either: (i) No less than five days of home detention and 6 forty-five hours of community restitution; or (ii) no home detention 7 and ninety hours of community restitution; 8 (b) Juveniles with a prior criminal history score of three-quarters 9 to one and one-half points shall be sentenced to standard range 10 sentence that includes no less than ten days of detention, ninety hours 11 of community restitution, and a four hundred dollar fine; and 12 (c) Juveniles with a prior criminal history score of two or more 13 points shall be sentenced to no less than fifteen to thirty-six weeks 14 of confinement, seven days of home detention, four months of 15 supervision, ninety hours of community restitution, and a four hundred 16 dollar fine. 17 (3) If a respondent is adjudicated of taking a motor vehicle 18 without permission in the second degree as defined in RCW 9A.56. 075 , 19 the court shall impose a standard range as follows: 20 (a) Juveniles with a prior criminal history score of zero to one- 21 half points shall be sentenced to a standard range sentence that 22 includes either: (i) No less than one day of home detention, one month 23 of supervision, and fifteen hours of community restitution; or (ii) no 24 home detention, one month of supervision, and thirty hours of community 25 restitution; 26 (b) Juveniles with a prior criminal history score of three-quarters 27 to one and one-half points shall be sentenced to a standard range 28 sentence that includes no less than one day of detention, two days of 29 home detention, two months of supervision, thirty hours of community 30 restitution, and a one hundred fifty dollar fine; and 31 (c) Juveniles with a prior criminal history score of two or more 32 points shall be sentenced to no less than three days of detention, 33 seven days of home detention, three months of supervision, forty-five 34 hours of community restitution, and a one hundred fifty dollar fine . 35 Sec. 16. RCW 9A.56.070 and 2003 c 53 s 72 are each amended to read 36 as follows: 37 (1) A person is guilty of taking a motor vehicle without permission E3SH3 1001. SL p. 40 1 in the first degree if he or she, without the permission of the owner 2 or person entitled to possession, intentionally takes or drives away an 3 automobile or motor vehicle, whether propelled by steam, electricity, 4 or internal combustion engine, that is the property of another, and he 5 or she : 6 (a) Alters the motor vehicle for the purpose of changing its 7 appearance or primary identification, including obscuring, removing, or 8 changing the manufacturer' s serial number or the vehicle identification 9 number plates; 10 (b) Removes, or participates in the removal of, parts from the 11 motor vehicle with the intent to sell the parts; 12 (c) Exports, or attempts to export, the motor vehicle across state 13 lines or out of the United States for profit ; 14 (d) Intends to sell the motor vehicle; or 15 (e) Is engaged in a conspiracy and the central object of the 16 conspiratorial agreement is the theft of motor vehicles for sale to 17 others for profit or is engaged in a conspiracy and has solicited a 18 Juvenile to participate in the theft of a motor vehicle. 19 (2) Taking a motor vehicle without permission in the first degree 20 is a class B felony. 21 Sec. 17. RCW 9A.56. 096 and 2003 c 53 s 77 are each amended to read 22 as follows: 23 (1) A person who, with intent to deprive the owner or owner' s 24 agent, wrongfully obtains, or exerts unauthorized control over, or by 25 color or aid of deception gains control of personal property that is 26 rented ( (err) ). leased, or loaned by written agreement to the person, is 27 guilty of theft of rental, leased, ( (err) ) lease-purchased, or loaned 28 property. 29 (2) The finder of fact may presume intent to deprive if the finder 30 of fact finds either of the following: 31 (a) That the person who rented or leased the property failed to 32 return or make arrangements acceptable to the owner of the property or 33 the owner' s agent to return the property to the owner or the owner' s 34 agent within seventy-two hours after receipt of proper notice following 35 the due date of the rental, lease, ( (err) ) lease-purchase, or loan 36 agreement ; or p. 41 E3SHB 1001.SL 1 (b) That the renter ( (ems) ) , lessee or borrower presented 2 identification to the owner or the owner' s agent that was materially 3 false, fictitious, or not current with respect to name, address, place 4 of employment, or other appropriate items . 5 (3) As used in subsection (2) of this section, "proper notice" 6 consists of a written demand by the owner or the owner' s agent made 7 after the due date of the rental, lease, ( (ev-) ) lease-purchase , or loan 8 period, mailed by certified or registered mail to the renter ( (ems) ),.. 9 lessee or borrower at : (a) The address the renter ( (e ) )L lessee, or 10 borrower gave when the contract was made; or (b) the renter ( (e�) )1 11 lessee ( ('--&) ) , or borrower' s last known address if later furnished in 12 writing by the renter, lessee, borrower, or the agent of the renter 13 lessee or borrower. 14 (4) The replacement value of the property obtained must be utilized 15 in determining the amount involved in the theft of rental , leased, 16 ( (ems) ) lease-purchased, or loaned property. 17 (5) (a) Theft of rental, leased, ( (er) ) lease-purchased, or loaned 18 property is a class $ felony if the rental, leased, ( (er•) ) lease- 19 purchased, or loaned property is valued at one thousand five hundred 20 dollars or more. 21 (b) Theft of rental, leased, ( (er-) ) lease-purchased, or loaned 22 property is a class C felony if the rental, leased, ( (e-r) ) lease- 23 purchased, or loaned property is valued at two hundred fifty dollars or 24 more but less than one thousand five hundred dollars. 25 (c) Theft of rental, leased, ( (e-r) ) lease-purchased, or loaned 26 property is a gross misdemeanor if the rental, leased, ( (ems) ) lease- s 27 purchased, or loaned property is valued at less than two hundred fifty 28 dollars. 29 (6) This section applies to rental agreements that provide that the 30 renter may return the property any time within the rental period and 31 pay only for the time the renter actually retained the property, in 32 addition to any minimum rental fee, to lease agreements, ( (ate) ) to 33 lease-purchase agreements as defined under RCW 63 .19. 010, and to 34 vehicles loaned to prospective purchasers borrowing a vehicle by 35 written agreement from a motor vehicle dealer licensed under chapter 36 46 . 70 RCW. This section does not apply to rental or leasing of real 37 property under the residential landlord-tenant act, chapter 59 .18 RCW. E3SHS 1001.SL p. 42 1 NEW SECTION. Sec. 18. A new section is added to chapter 9A. 56 RCW 2 to read as follows : 3 (1) Any person who makes or mends, or causes to be made or mended, 4 uses, or has in his or her possession any motor vehicle theft tool, 5 that is adapted, designed, or commonly used for the commission of motor 6 vehicle related theft, under circumstances evincing an intent to use or 7 employ, or allow the same to be used or employed, in the commission of 8 motor vehicle theft, or knowing that the same is intended to be so 9 used, is guilty of making or having motor vehicle theft tools. 10 (2) For the purpose of this section, motor vehicle theft tool 11 includes, but is not limited to, the following: Slim jim, false master 12 key, master purpose key, altered or shaved key, trial or jiggler key, 13 slide hammer, lock puller, picklock, bit, nipper, any other implement 14 shown by facts and circumstances that is intended to be used in the 15 commission of a motor vehicle related theft, or knowing that the same 16 is intended to be so used. 17 (3) For the purposes of this section, the following definitions 18 apply: 19 (a) "False master" or "master key" is any key or other device made 20 or altered to fit locks or ignitions of multiple vehicles, or vehicles 21 other than that for which the key was originally manufactured. 22 (b) "Altered or shaved key" is any key so altered, by cutting, 23 filing, or other means, to fit multiple vehicles or vehicles other than 24 the vehicles for which the key was originally manufactured. 25 (c) "Trial keys" or "jiggler keys" are keys or sets designed or 26 altered to manipulate a vehicle locking mechanism other than the lock 27 for which the key was originally manufactured. 28 (4) Making or having motor vehicle theft tools is a gross 29 misdemeanor. 30 NEW SECTION. Sec. 19. A new section is added to chapter 36 .28A 31 RCW to read as follows: 32 There is hereby created in the Washington association of sheriffs 33 and police chiefs the Washington auto theft prevention authority which 34 shall be under the direction of the executive director of the 35 Washington association of sheriffs and police chiefs. p. 43 E3SHB 1001. SL I NEW SECTION. Sec. 20. (1) The Washington auto theft prevention 2 authority is established. The authority shall consist of the following 3 members, appointed by the governor: 4 (a) The executive director of the Washington association of 5 sheriffs and police chiefs, or the executive director' s designee; 1 6 (b) The chief of the Washington state patrol, or the chief' s 7 designee; 8 (c) Two police chiefs; 9 (d) Two sheriffs; 10 (e) One prosecuting attorney; 11 (f) A representative from the insurance industry who is responsible 12 for writing property and casualty liability insurance in the state of 13 Washington; 14 (g) A representative from the automobile industry; and 15 (h) One member of the general public. 16 (2) In addition, the authority may, where feasible, consult with 17 other governmental entities or individuals from the public and private 18 sector in carrying out its duties under this section. 19 NEW SECTION. Sec. 21. (1) The Washington auto theft prevention 20 authority shall initially convene at the call of the executive director 21 of the Washington association of sheriffs and police chiefs, or the 22 executive director' s designee, no later than the third Monday in 23 January 2008 . Subsequent meetings of the authority shall be at the 24 call of the chair or seven members . 25 (2) The authority shall annually elect a chairperson and other such 26 officers as it deems appropriate from its membership. 27 (3) Members of the authority shall serve terms of four years each 28 on a staggered schedule to be established by the first authority. For 29 purposes of initiating a staggered schedule of terms, some members of 30 the first authority may initially serve two years and some members may 31 initially serve four years. 32 NEW SECTION. Sec. 22. (1) The Washington auto theft prevention 33 authority may obtain or contract for staff services, including an 34 executive director, and any facilities and equipment as the authority 35 requires to carry out its duties. E3SHB 1001.SL p. 44 1 (2) The director may enter into contracts with any public or 2 private organization to carry out the purposes of this section and 3 sections 20, 21, and 23 through 27 of this act. 4 (3) The authority shall review and make recommendations to the 5 legislature and the governor regarding motor vehicle theft in 6 Washington state. In preparing the recommendations, the authority 7 shall, at a minimum, review the following issues : 8 (a) Determine the scope of the problem of motor vehicle theft, 9 including: 10 (i) Particular areas of the state where the problem is the 11 greatest; 12 (ii) Annual data reported by local law enforcement regarding the 13 number of reported thefts, investigations, recovered vehicles, arrests, 14 and convictions; and 15 (iii) An assessment of estimated funds needed to hire sufficient 16 investigators to respond to all reported thefts. 17 (b) Analyze the various methods of combating the problem of motor 18 vehicle theft; 19 (c) Develop and implement a plan of operation; and 20 (d) Develop and implement a financial plan. 21 (4) The authority is not a law enforcement agency and may not 22 gather, collect, or disseminate intelligence information for the 23 purpose of investigating specific crimes or pursuing or capturing 24 specific perpetrators. Members of the authority may not exercise 25 general authority peace officer powers while acting in their capacity 26 as members of the authority, unless the exercise of peace officer 27 powers is necessary to prevent an imminent threat to persons or 28 property. 29 (5) The authority shall annually report its activities, findings, 30 and recommendations during the preceding year to the legislature by 31 December 31st . 32 NEW SECTION. Sec. 23. The Washington auto theft prevention 33 authority may solicit and accept gifts, grants, bequests, devises, or 34 other funds from public and private sources to support its activities . 35 NEW SECTION. Sec. 24. The governor may remove any member of the 36 Washington auto theft prevention authority for cause including but not p. 45 E3SHB 1001 .SL 1 limited to neglect of duty, misconduct, malfeasance or misfeasance in 2 office, or upon written request of two-thirds of the members of the 3 authority under this chapter. Upon the death, resignation, or removal 4 of a member, the governor shall appoint a replacement to fill the 5 remainder of the unexpired term. 6 NEW SECTION. Sec. 25. Members of the Washington auto theft 7 prevention authority who are not public employees shall be compensated 8 in accordance with RCW 43 .03. 250 and shall be reimbursed for travel 9 expenses incurred in carrying out the duties of the authority in j10 accordance with RCW 43 . 03 . 050 and 43 . 03 . 060. 11 NEW SECTION. Sec. 26. Any member serving in their official 12 capacity on the Washington auto theft prevention authority, or either 13 their employer or employers, or other entity that selected the members 14 to serve, are immune from a civil action based upon an act performed in 15 good faith. 16 NEW SECTION. Sec. 27. (1) The Washington auto theft prevention 17 authority account is created in the state treasury, subject to 18 appropriation. All revenues from the traffic infraction surcharge in 19 RCW 46 .63 . 110 (7) (b) and all receipts from gifts, grants, bequests, 20 devises, or other funds from public and private sources to support the 21 activities of the auto theft prevention authority must be deposited 22 into the account. Expenditures from the account may be used only for 23 activities relating to motor vehicle theft, including education, 24 prevention, law enforcement, investigation, prosecution, and 25 confinement. 26 (2) The authority shall allocate moneys appropriated from the 27 account to public agencies for the purpose of establishing, 28 maintaining, and supporting programs that are designed to prevent motor ' 29 vehicle theft, including: 30 (a) Financial support to prosecution agencies to increase the ' 31 effectiveness of motor vehicle theft prosecution; 32 (b) Financial support to a unit of local government or a team 33 consisting of units of local governments to increase the effectiveness 34 of motor vehicle theft enforcement; E3SR3 1001. SL p. 46 1 (c) Financial support for the procurement of equipment and 2 technologies for use by law enforcement agencies for the purpose of 3 enforcing motor vehicle theft laws; and 4 (d) Financial support for programs that are designed to educate and 5 assist the public in the prevention of motor vehicle theft . 6 (3) The costs of administration shall not exceed ten percent of the , 7 moneys in the account in any one year so that the greatest possible 8 portion of the moneys available to the authority is expended on 9 combating motor vehicle theft. 10 (4) Prior to awarding any moneys from the Washington auto theft 11 prevention authority account for motor vehicle theft enforcement, the 12 auto theft prevention authority must verify that the financial award 13 includes sufficient funding to cover proposed activities, which 14 include, but are not limited to: (a) State, municipal, and county 15 offender and juvenile confinement costs; (b) administration costs; (c) 16 law enforcement costs; (d) prosecutor costs; and (e) court costs, with 17 a priority being given to ensuring that sufficient funding is available 18 to cover state, municipal, and county offender and juvenile confinement 19 costs. 20 (5) Moneys expended from the Washington auto theft prevention 21 authority account under subsection (2) of this section shall be used to 22 supplement, not supplant, other moneys that are available for motor 23 vehicle theft prevention. 24 (6) Grants provided under subsection (2) of this section constitute 25 reimbursement for purposes of RCW 43 . 135. 060 (1) . 26 Sec. 28. RCW 46. 63 . 110 and 2005 c 413 s 2, 2005 c 320 s 2, and 27 2005 c 288 s 8 are each reenacted and amended to read as follows : 28 (1) A person found to have committed a traffic infraction shall be 29 assessed a monetary penalty. No penalty may exceed two hundred and 30 fifty dollars for each offense unless authorized by this chapter or 31 title. 32 (2) The monetary penalty for a violation of (a) RCW 46. 55 .105 (2) is 33 two hundred fifty dollars for each offense; (b) RCW 46 . 61 . 210 (1) is 34 five hundred dollars for each offense. No penalty assessed under this 35 subsection (2) may be reduced. 36 (3) The supreme court shall prescribe by rule a schedule of 37 monetary penalties for designated traffic infractions. This rule shall p. 47 E3SHB 1001.SL I also specify the conditions under which local courts may exercise 2 discretion in assessing fines and penalties for traffic infractions. 3 The legislature respectfully requests the supreme court to adjust this 4 schedule every two years for inflation. 5 (4) There shall be a penalty of twenty-five dollars for failure to 6 respond to a notice of traffic infraction except where the infraction 7 relates to parking as defined by local law, ordinance, regulation, or 8 resolution or failure to pay a monetary penalty imposed pursuant to 9 this chapter. A local legislative body may set a monetary penalty not 10 to exceed twenty-five dollars for failure to respond to a notice of it traffic infraction relating to parking as defined by local law, 12 ordinance, regulation, or resolution. The local court, whether a 13 municipal, police, or district court, shall impose the monetary penalty 14 set by the local legislative body. 15 (5) Monetary penalties provided for in chapter 46 .70 RCW which are 16 civil in nature and penalties which may be assessed for violations of 17 chapter 46 . 44 RCW relating to size, weight, and load of motor vehicles 18 are not subject to the limitation on the amount of monetary penalties 19 which may be imposed pursuant to this chapter. 20 (6) Whenever a monetary penalty, fee, cost, assessment, or other 21 monetary obligation is imposed by a court under this chapter it is 22 immediately payable. If the court determines, in its discretion, that 23 a person is not able to pay a monetary obligation in full, and not more 24 than one year has passed since the later of July 1, 2005, or the date 25 the monetary obligation initially became due and payable, the court 26 shall enter into a payment plan with the person, unless the person has 27 previously been granted a payment plan with respect to the same 28 monetary obligation, or unless the person is in noncompliance of any 29 existing or prior payment plan, in which case the court may, at its 30 discretion, implement a payment plan. If the court has notified the 31 department that the person has failed to pay or comply and the person 32 has subsequently entered into a payment plan and made an initial 33 payment, the court shall notify the department that the infraction has 34 been adjudicated, and the department shall rescind any suspension of 35 the person' s driver' s license or driver' s privilege based on failure to 36 respond to that infraction. "Payment plan, " as used in this section, 37 means a plan that requires reasonable payments based on the financial i E3SHB 1001 .SL p. 48 I ability of the person to pay. The person may voluntarily pay an amount 2 at any time in addition to the payments required under the payment 3 plan. 4 (a) If a payment required to be made under the payment plan is 5 delinquent or the person fails to complete a community restitution 6 program on or before the time established under the payment plan, 7 unless the court determines good cause therefor and adjusts the payment 8 plan or the community restitution plan accordingly, the court shall 9 notify the department of the person's failure to meet the conditions of 10 the plan, and the department shall suspend the person's driver's 11 license or driving privilege until all monetary obligations, including 12 those imposed under subsections (3) and (4) of this section, have been 13 paid, and court authorized community restitution has been completed, or 14 until the department has been notified that the court has entered into 15 a new time payment or community restitution agreement with the person. 16 (b) If a person has not entered into a payment plan with the court 17 and has not paid the monetary obligation in full on or before the time 18 established for payment, the court shall notify the department of the 19 delinquency. The department shall suspend the person' s driver ' s 20 license or driving privilege until all monetary obligations have been 21 paid, including those imposed under subsections (3) and (4) of this 22 section, or until the person has entered into a payment plan under this 23 section. 24 (c) If the payment plan is to be administered by the court, the 25 court may assess the person a reasonable administrative fee to be 26 wholly retained by the city or county with jurisdiction. The 27 administrative fee shall not exceed ten dollars per infraction or 28 twenty-five dollars per payment plan, whichever is less. 29 (d) Nothing in this section precludes a court from contracting with 30 outside entities to administer its payment plan system. When outside 31 entities are used for the administration of a payment plan, the court 32 may assess the person a reasonable fee for such administrative 33 services, which fee may be calculated on a periodic, percentage, or 34 other basis . 35 (e) If a court authorized community restitution program for 36 offenders is available in the jurisdiction, the court may allow 37 conversion of all or part of the monetary obligations due under this p. 49 E3SHS 1001.SL 1 section to court authorized community restitution in lieu of time 2 payments if the person is unable to make reasonable time payments. 3 (7) In addition to any other penalties imposed under this section 4 and not subject to the limitation of subsection (1) of this section, a 5 person found to have committed a traffic infraction shall be assessed_ 6 a A fee of five dollars per infraction. Under no circumstances 7 shall this fee be reduced or waived. Revenue from this fee shall be 8 forwarded to the state treasurer for deposit in the emergency medical 9 services and trauma care system trust account under RCW 70 . 168 .040 ; and 10 (b) A fee of ten dollars per infraction Under no circumstances 11 shall this fee be reduced or waived Revenue from this fee shall be 12 forwarded to the state treasurer for deposit in the Washington auto 13 theft prevention authority account . 14 (8) (a) In addition to any other penalties imposed under this 15 section and not subject to the limitation of subsection (1) of this 16 section, a person found to have committed a traffic infraction other 17 than of RCW 46 .61 . 527 shall be assessed an additional penalty of twenty 18 dollars. The court may not reduce, waive, or suspend the additional 19 penalty unless the court finds the offender to be indigent. If a court 20 authorized community restitution program for offenders is available in 21 the 3urisdiction, the court shall allow offenders to offset all or a 22 part of the penalty due under this subsection (8) by participation in i23 the court authorized community restitution program. 24 (b) Eight dollars and fifty cents of the additional penalty under 25 (a) of this subsection shall be remitted to the state treasurer. The 26 remaining revenue from the additional penalty must be remitted under 27 chapters 2 . 08, 3 .46, 3. 50, 3 .62, 10. 82, and 35 .20 RCW. Money remitted 28 under this subsection to the state treasurer must be deposited as 29 provided in RCW 43 . 08 .250 . The balance of the revenue received by the 30 county or city treasurer under this subsection must be deposited into 31 the county or city current expense fund. Moneys retained by the city 32 or county under this subsection shall constitute reimbursement for any 33 liabilities under RCW 43 . 135.060 . 34 (9) If a legal proceeding, such as garnishment, has commenced to 35 collect any delinquent amount owed by the person for any penalty 36 imposed by the court under this section, the court may, at its 37 discretion, enter into a payment plan. E3SHB 1001.SL p. 50 1 (10) The monetary penalty for violating RCW 46. 37 .395 is : (a) Two 2 hundred fifty dollars for the first violation; (b) five hundred dollars 3 for the second violation; and (c) seven hundred fifty dollars for each 4 violation thereafter. 5 NEW SECTION. Sec. 29. This act shall be known as the Elizabeth 6 Nowak-Washington auto theft prevention act. 7 NEW SECTION. Sec. 30 . Sections 20 through 27 of this act 8 constitute a new chapter in Title 46 RCW. Passed by the House April 17, 2007 . Passed by the Senate April 4 , 2007 . Approved by the Governor April 27, 2007. Filed in Office of Secretary of State April 30 , 2007. P. 51 E3SHB 1001.SL CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5312 Chapter 377, Laws of 2007 60th Legislature 2007 Regular Session STOLEN METAL PROPERTY EFFECTIVE DATE : 07/22/07 Passed by the Senate April 19, 2007 CERTIFICATE YEAS 46 NAYS 0 I, Thomas Hoemann, Secretary of the Senate of the State of BRAD OWEN Washington, do hereby certify that President of the Senate the attached is ENGROSSED SUBSTITUTE SENATE BILL 5312 as Passed b the House April 19, 2007 passed by the Senate and the House Y P of Representatives on the dates YEAS 98 NAYS 0 hereon set forth. FRANK CHOPP THOMAS HOEMANN Speaker of the House of Representatives Secretary Approved May 8, 2007, 4:21 p.m. FILED May 10, 2007 CHRISTINE GREGOIRE Secretary of State Governor of the State of Washington State of Washington I ENGROSSED SUBSTITUTE SENATE BILL 5312 AS RECOMMENDED BY THE CONFERENCE COMMITTEE Passed Legislature - 2007 Regular Session State of Washington 60th Legislature 2007 Regular Session By Senate Committee on Judiciary (originally sponsored by Senators Tom, Holmquist, Kline, Roach, Kilmer, Marr, Sheldon, Morton, Pridemore, McCaslin, Berkey, Delvin, Shin, Rasmussen, Parlette and Stevens) READ FIRST TIME 02/28/07. 1 AN ACT Relating to protecting and recovering property owned by 2 utilities, telecommunications companies, railroads, state agencies, 3 political subdivisions of the state, construction firms, and other 4 parties; amending RCW 9 . 94A. 535; adding a new chapter to Title 19 RCW; 5 creating a new section; repealing RCW 9. 91 . 110; and prescribing 6 penalties . 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: I 8 NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this 9 section apply throughout this chapter unless the context clearly 10 requires otherwise . 11 (1) "Commercial account" means a relationship between a scrap metal 12 business and a commercial enterprise that is ongoing and properly 13 documented under section 3 of this act. 14 (2) "Commercial enterprise" means a corporation, partnership, 15 limited liability company, association, state agency, political 16 subdivision of the state, public corporation, or any other legal or 17 commercial entity. 18 (3) "Commercial metal property" means: Utility access covers; 19 street light poles and fixtures; road and bridge guardrails; highway or P. 1 ESSB 5312 .SL I street signs; water meter covers; traffic directional and control 2 signs; traffic light signals; any metal property marked with the name 3 of a commercial enterprise, including but not limited to a telephone, 4 commercial mobile radio services, cable, electric, water, natural gas, 5 or other utility, or railroad; unused or undamaged building 6 construction materials consisting of copper pipe, tubing, or wiring, or 7 aluminum wire, siding, downspouts, or gutters; aluminum or stainless 8 steel fence panels made from one inch tubing, forty-two inches high 9 with four inch gaps; aluminum decking, bleachers, or risers; historical 10 markers; statue plaques; grave markers and funeral vases; or 11 agricultural irrigation wheels, sprinkler heads, and pipes. 12 (4) "Nonferrous metal property" means metal property for which the 13 value of the metal property is derived from the property' s content of 14 copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys . 15 "Nonferrous metal property" does not include precious metals . 16 (5) "Precious metals" means gold, silver, and platinum. 17 (6) "Record" means a paper, electronic, or other method of storing 18 information. 19 (7) "Scrap metal business" means a scrap metal supplier, scrap 20 metal recycling center, and scrap metal processor. 21 (8) "Scrap metal processor" means a person with a current business 22 license that conducts business from a permanent location, that is 23 engaged in the business of purchasing or receiving nonferrous metal 24 property and commercial metal property for the purpose of altering the 25 metal in preparation for its use as feedstock in the manufacture of new 26 products, and that maintains a hydraulic bailer, shearing device, or 27 shredding device for recycling. 28 (9) "Scrap metal recycling center" means a person with a current 29 business license that is engaged in the business of purchasing or 30 receiving nonferrous metal property and commercial metal property for 31 the purpose of aggregation and sale to another scrap metal business and 32 that maintains a fixed place of business within the state. 33 (10) "Scrap metal supplier" means a person with a current business 34 license that is engaged in the business of purchasing or receiving 35 nonferrous metal property for the purpose of aggregation and sale to a 36 scrap metal recycling center or scrap metal processor and that does not 37 maintain a fixed business location in the state. ESSB 5312 .SL p, 2 1 (11) "Transaction" means a pledge, or the purchase of, or the trade 2 of any item of nonferrous metal property by a scrap metal business 3 from a member of the general public . "Transaction" does not include 4 donations or the purchase or receipt of nonferrous metal property by a 5 scrap metal business from a commercial enterprise, from another scrap 6 metal business, or from a duly authorized employee or agent of the 7 commercial enterprise or scrap metal business. 8 NEW SECTION. Sec. 2. RECORDS REQUIRED FOR PURCHASING NONFERROUS 9 METAL PROPERTY FROM THE GENERAL PUBLIC. (1) At the time of a 10 transaction, every scrap metal business doing business in this state 11 shall produce wherever that business is conducted an accurate and 1 12 legible record of each transaction involving nonferrous metal property. 13 This record must be written in the English language, documented on a 14 standardized form or in electronic form, and contain the following 15 information: 16 (a) The signature of the person with whom the transaction is made; 17 (b) The time, date, location, and value of the transaction; 18 (c) The name of the employee representing the scrap metal business 19 in the transaction; 20 (d) The name, street address, and telephone number of the person 21 with whom the transaction is made; 22 (e) The license plate number and state of issuance of the license 23 plate on the motor vehicle used to deliver the nonferrous metal 24 property subject to the transaction; 25 (f) A description of the motor vehicle used to deliver the 26 nonferrous metal property subject to the transaction; 27 (g) The current driver' s license number or other government-issued 28 picture identification card number of the seller or a copy of the 29 seller ' s government-issued picture identification card; and 30 (h) A description of the predominant types of nonferrous metal 31 property subject to the transaction, including the property' s 32 classification code as provided in the institute of scrap recycling 33 industries scrap specifications circular, 2006, and weight, quantity, 34 or volume . 35 (2) For every transaction that involves nonferrous metal property, 36 every scrap metal business doing business in the state shall require 37 the person with whom a transaction is being made to sign a declaration. Ip. 3 ESSB 5312 .SL 1 The declaration may be included as part of the transactional record 2 required under subsection (1) of this section, or on a receipt for the 3 transaction. The declaration must state substantially the following: 4 "I, the undersigned, affirm under penalty of law that the property 5 that is subject to this transaction is not to the best of my knowledge 6 stolen property. " 7 The declaration must be signed and dated by the person with whom 8 the transaction is being made . An employee of the scrap metal business 9 must witness the signing and dating of the declaration and sign the 10 declaration accordingly before any transaction may be consummated. 11 (3) The record and declaration required under this section must be 12 open to the inspection of any commissioned law enforcement officer of 13 the state or any of its political subdivisions at all times during the 14 ordinary hours of business, or at reasonable times if ordinary hours of 15 business are not kept, and must be maintained wherever that business is 16 conducted for one year following the date of the transaction. 17 NEW SECTION. Sec. 3. REQUIREMENTS FOR PURCHASING OR RECEIVING 18 NONFERROUS METAL PROPERTY FROM THE GENERAL PUBLIC. (1) No scrap metal 19 business may enter into a transaction to purchase or receive nonferrous 20 metal property from any person who cannot produce at least one piece of 21 current government-issued picture identification, including a valid 22 driver' s license or identification card issued by any state. 23 (2) No scrap metal business may purchase or receive commercial 24 metal property unless the seller: (a) Has a commercial account with 25 the scrap metal business; (b) can prove ownership of the property by 26 producing written documentation that the seller is the owner of the 27 property; or (c) can produce written documentation that the seller is 28 an employee or agent authorized to sell the property on behalf of a 29 commercial enterprise. 30 (3) No scrap metal business may enter into a transaction to 31 purchase or receive metallic wire that was burned in whole or in part 32 to remove insulation unless the seller can produce written proof to the 33 scrap metal business that the wire was lawfully burned. 34 (4) No transaction involving nonferrous metal property valued at 35 greater than thirty dollars may be made in cash or with any person who 36 does not provide a street address under the requirements of section 2 37 of this act . For transactions valued at greater than thirty dollars, ESSB 5312 .SL p. 4 1 the person with whom the transaction is being made may only be paid by 2 a nontransferable check, mailed by the scrap metal business to a street 3 address provided under section 2 of this act, no earlier than ten days 4 after the transaction was made. A transaction occurs on the date 5 provided in the record required under section 2 of this act . 6 (5) No scrap metal business may purchase or receive beer kegs from 7 anyone except a manufacturer of beer kegs or licensed brewery. 8 NEW SECTION. Sec. 4. RECORD FOR COMMERCIAL ACCOUNTS . (1) Every 9 scrap metal business must create and maintain a permanent record with 10 a commercial enterprise, including another scrap metal business, in 11 order to establish a commercial account. That record, at a minimum, 12 must include the following information: 13 (a) The full name of the commercial enterprise or commercial 14 account; 15 (b) The business address and telephone number of the commercial 16 enterprise or commercial account; and 17 (c) The full name of the person employed by the commercial 18 enterprise who is authorized to deliver nonferrous metal property and 19 commercial metal property to the scrap metal business . 20 (2) The record maintained by a scrap metal business for a 21 commercial account must document every purchase or receipt of 22 nonferrous metal property and commercial metal property from the 23 commercial enterprise. The documentation must include, at a minimum, 24 the following information: 25 (a) The time, date, and value of the property being purchased or 26 received; 27 (b) A description of the predominant types of property being 28 purchased or received; and 29 (c) The signature of the person delivering the property to the 30 scrap metal business . 31 NEW SECTION. Sec. 5. REPORTING TO LAW ENFORCEMENT. (1) Upon 32 request by any commissioned law enforcement officer of the state or any 33 of its political subdivisions, every scrap metal business shall furnish 34 a full, true, and correct transcript of the records from the purchase 35 or receipt of nonferrous metal property and commercial metal property 36 involving a specific individual, vehicle, or item of nonferrous metal P. 5 ESSB 5312 .SL I property or commercial metal property. This information may be 2 transmitted within a specified time of not less than two business days 3 to the applicable law enforcement agency electronically, by facsimile 4 transmission, or by modem or similar device, or by delivery of computer 5 disk subject to the requirements of, and approval by, the chief of 6 police or the county' s chief law enforcement officer. 7 (2) If the scrap metal business has good cause to believe that any 8 nonferrous metal property or commercial metal property in his or her 9 possession has been previously lost or stolen, the scrap metal business 10 shall promptly report that fact to the applicable commissioned law 11 enforcement officer of the state, the chief of police, or the county' s 12 chief law enforcement officer, together with the name of the owner, if 13 known, and the date when and the name of the person from whom it was 14 received. 15 NEW SECTION. Sec. 6. PRESERVING EVIDENCE OF METAL THEFT. (1) 16 Following notification, either verbally or in writing, from a 17 commissioned law enforcement officer of the state or any of its 18 political subdivisions that an item of nonferrous metal property or 19 commercial metal property has been reported as stolen, a scrap metal 20 business shall hold that property intact and safe from alteration, 21 damage, or commingling, and shall place an identifying tag or other 22 suitable identification upon the property. The scrap metal business 23 shall hold the property for a period of time as directed by the 24 applicable law enforcement agency up to a maximum of ten business days. 25 (2) A commissioned law enforcement officer of the state or any of 26 its political subdivisions shall not place on hold any item of 27 nonferrous metal property or commercial metal property unless that law 28 enforcement agency reasonably suspects that the property is a lost or 29 stolen item. Any hold that is placed on the property must be removed 30 within ten business days after the property on hold is determined not 31 to be stolen or lost and the property must be returned to the owner or 32 released. 33 NEW SECTION. See. 7. UNLAWFUL VIOLATIONS. It is a gross 34 misdemeanor under chapter 9A. 20 RCW for: 35 (1) Any person to deliberately remove, alter, or obliterate any 36 manufacturer' s make, model, or serial number, personal identification ESSB 5312 .SL p. 6 1 1 number, or identifying marks engraved or etched upon an item of 2 nonferrous metal property or commercial metal property in order to 3 deceive a scrap metal business ; 4 (2) Any scrap metal business to enter into a transaction to 5 purchase or receive any nonferrous metal property or commercial metal 6 property where the manufacturer' s make, model, or serial number, 7 personal identification number, or identifying marks engraved or etched 8 upon the property have been deliberately and conspicuously removed, 9 altered, or obliterated; 10 (3) Any person to knowingly make, cause, or allow to be made any 11 false entry or misstatement of any material matter in any book, record, 12 or writing required to be kept under this chapter; 13 (4) Any scrap metal business to enter into a transaction to 14 purchase or receive nonferrous metal property or commercial metal 15 property from any person under the age of eighteen years or any person 16 who is discernibly under the influence of intoxicating liquor or drugs; 17 (5) Any scrap metal business to enter into a transaction to 18 purchase or receive nonferrous metal property or commercial metal 19 property with anyone whom the scrap metal business has been informed by 20 a law enforcement agency to have been convicted of a crime involving 21 drugs, burglary, robbery, theft, or possession of or receiving stolen 22 property, manufacturing, delivering, or possessing with intent to 23 deliver methamphetamine, or possession of ephedrine or any of its salts 24 or isomers or salts of isomers, pseudoephedrine or any of its salts or 25 isomers or salts of isomers, or anhydrous ammonia with intent to 26 manufacture methamphetamine within the past ten years whether the 27 person is acting in his or her own behalf or as the agent of another; 28 (6) Any person to sign the declaration required under section 2 of 29 this act knowing that the nonferrous metal property subject to the 30 transaction is stolen. The signature of a person on the declaration 31 required under section 2 of this act constitutes evidence of intent to 32 defraud a scrap metal business if that person is found to have known 33 that the nonferrous metal property subject to the transaction was 34 stolen; 35 (7) Any scrap metal business to possess commercial metal property 36 that was not lawfully purchased or received under the requirements of 37 this chapter; or P. 7 ESSB 5312 .SL 1 (8) Any scrap metal business to engage in a series of transactions 2 valued at less than thirty dollars with the same seller for the 3 purposes of avoiding the requirements of section 3 (4) of this act. 4 NEW SECTION. Sec. 8. CIVIL PENALTIES. (1) Each violation of the 5 requirements of this chapter that are not subject to the criminal 6 penalties under section 7 of this act shall be punishable, upon 7 conviction, by a fine of not more than one thousand dollars. 8 (2) Within two years of being convicted of a violation of any of 9 the requirements of this chapter that are not subject to the criminal 10 penalties under section 7 of this act, each subsequent violation shall 11 be punishable, upon conviction, by a fine of not more than two thousand 12 dollars. 13 NEW SECTION. Sec. 9. EXEMPTIONS . The provisions of this chapter 14 do not apply to transactions conducted by the following: 15 (1) Motor vehicle dealers licensed under chapter 46 .70 RCW; 16 (2) Vehicle wreckers or hulk haulers licensed under chapter 46 .79 17 or 46. 80 RCW; 18 (3) Persons in the business of operating an automotive repair 19 facility as defined under RCW 46 .71 .011; and 20 (4) Persons in the business of buying or selling empty food and 21 beverage containers, including metal food and beverage containers . 22 Sec. 10. RCW 9. 94A.535 and 2005 c 68 s 3 are each amended to read 23 as follows : 24 The court may impose a sentence outside the standard sentence range 25 for an offense if it finds, considering the purpose of this chapter, 26 that there are substantial and compelling reasons justifying an 27 exceptional sentence. Facts supporting aggravated sentences, other 28 than the fact of a prior conviction, shall be determined pursuant to 29 the provisions of RCW 9 . 94A. 537. 30 Whenever a sentence outside the standard sentence range is imposed, 31 the court shall set forth the reasons for its decision in written 32 findings of fact and conclusions of law. A sentence outside the 33 standard sentence range shall be a determinate sentence . 34 If the sentencing court finds that an exceptional sentence outside , ESSB 5312 .SL P. g i I the standard sentence range should be imposed, the sentence is subject 2 to review only as provided for in RCW 9. 94A. 585 (4) . 3 A departure from the standards in RCW 9 . 94A. 589 (1) and (2) 4 governing whether sentences are to be served consecutively or 5 concurrently is an exceptional sentence subject to the limitations in 6 this section, and may be appealed by the offender or the state as set 7 forth in RCW 9. 94A.585 (2) through (6) . 8 (1) Mitigating Circumstances - Court to Consider 9 The court may impose an exceptional sentence below the standard 10 range if it finds that mitigating circumstances are established by a 11 preponderance of the evidence. The following are illustrative only and 12 are not intended to be exclusive reasons for exceptional sentences . 13 (a) To a significant degree, the victim was an initiator, willing 14 participant, aggressor, or provoker of the incident . 15 (b) Before detection, the defendant compensated, or made a good 16 faith effort to compensate, the victim of the criminal conduct for any 17 damage or injury sustained. 18 (c) The defendant committed the crime under duress, coercion, 19 threat, or compulsion insufficient to constitute a complete defense but 20 which significantly affected his or her conduct . 21 (d) The defendant , with no apparent predisposition to do so, was 22 induced by others to participate in the crime. 23 (e) The defendant' s capacity to appreciate the wrongfulness of his 24 or her conduct, or to conform his or her conduct to the requirements of 25 the law, was significantly impaired. Voluntary use of drugs or alcohol 26 is excluded. 27 (f) The offense was principally accomplished by another person and 28 the defendant manifested extreme caution or sincere concern for the 29 safety or well-being of the victim. 30 (g) The operation of the multiple offense policy of RCW 9 . 94A.589 31 results in a presumptive sentence that is clearly excessive in light of 32 the purpose of this chapter, as expressed in RCW 9. 94A. 010 . 33 (h) The defendant or the defendant ' s children suffered a continuing 34 pattern of physical or sexual abuse by the victim of the offense and 35 the offense is a response to that abuse . 36 (2) Aggravating Circumstances - Considered and Imposed by the Court 37 The trial court may impose an aggravated exceptional sentence 38 without a finding of fact by a jury under the following circumstances : P. 9 ESSB 5312 .SL 1 (a) The defendant and the state both stipulate that justice is best 2 served by the imposition of an exceptional sentence outside the 3 standard range, and the court finds the exceptional sentence to be 4 consistent with and in furtherance of the interests of justice and the 5 purposes of the sentencing reform act . 6 (b) The defendant ' s prior unscored misdemeanor or prior unscored 7 foreign criminal history results in a presumptive sentence that is 8 clearly too lenient in light of the purpose of this chapter, as 9 expressed in RCW 9 . 94A. 010. 10 (c) The defendant has committed multiple current offenses and the 11 defendant ' s high offender score results in some of the current offenses 12 going unpunished. 13 (d) The failure to consider the defendant ' s prior criminal history 14 which was omitted from the offender score calculation pursuant to RCW 15 9. 94A. 525 results in a presumptive sentence that is clearly too 16 lenient. 17 (3) Aggravating Circumstances - Considered by a Jury -Imposed by 18 the Court 19 Except for circumstances listed in subsection (2) of this section, 20 the following circumstances are an exclusive list of factors that can 21 support a sentence above the standard range. Such facts should be 22 determined by procedures specified in RCW 9. 94A. 537 . 23 (a) The defendant ' s conduct during the commission of the current 24 offense manifested deliberate cruelty to the victim. 25 (b) The defendant knew or should have known that the victim of the 26 current offense was particularly vulnerable or incapable of resistance. 27 (c) The current offense was a violent offense, and the defendant 28 knew that the victim of the current offense was pregnant . 29 (d) The current offense was a major economic offense or series of 30 offenses, so identified by a consideration of any of the following 31 factors: 32 (i) The current offense involved multiple victims or multiple 33 incidents per victim; 34 (ii) The current offense involved attempted or actual monetary loss 35 substantially greater than typical for the offense; 36 (iii) The current offense involved a high degree of sophistication 37 or planning or occurred over a lengthy period of time; or ESSB 5312 .SL P. 10 1 (iv) The defendant used his or her position of trust, confidence, 2 or fiduciary responsibility to facilitate the commission of the current 3 offense. 4 (e) The current offense was a major violation of the Uniform 5 Controlled Substances Act, chapter 69 .50 RCW (VUCSA) , related to 6 trafficking in controlled substances, which was more onerous than the 7 typical offense of its statutory definition: The presence of ANY of 1 8 the following may identify a current offense as a major VUCSA: 9 (i) The current offense involved at least three separate 10 transactions in which controlled substances were sold, transferred, or 11 possessed with intent to do so; 12 (ii) The current offense involved an attempted or actual sale or 13 transfer of controlled substances in quantities substantially larger 14 than for personal use; 1 15 (iii) The current offense involved the manufacture of controlled 16 substances for use by other parties; 17 (iv) The circumstances of the current offense reveal the offender 18 to have occupied a high position in the drug distribution hierarchy; 19 (v) The current offense involved a high degree of sophistication or 20 planning, occurred over a lengthy period of time, or involved a broad 21 geographic area of disbursement; or 22 (vi) The offender used his or her position or status to facilitate 23 the commission of the current offense, including positions of trust, 24 confidence or fiduciary responsibility (e.g. , pharmacist, physician, or 25 other medical professional) . 26 (f) The current offense included a finding of sexual motivation 27 pursuant to RCW 9. 94A. 835 . 28 (g) The offense was part of an ongoing pattern of sexual abuse of 29 the same victim under the age of eighteen years manifested by multiple 30 incidents over a prolonged period of time . 31 (h) The current offense involved domestic violence, as defined in 32 RCW 10 . 99 . 020, and one or more of the following was present : 33 (i) The offense was part of an ongoing pattern of psychological, 34 physical, or sexual abuse of the victim manifested by multiple 35 incidents over a prolonged period of time; 36 (ii) The offense occurred within sight or sound of the victim' s or 37 the offender' s minor children under the age of eighteen years; or P. 11 ESSB 5312 .SL 1 (iii) The offender' s conduct during the commission of the current 2 offense manifested deliberate cruelty or intimidation of the victim. 3 (1) The offense resulted in the pregnancy of a child victim of 4 rape. 5 (j ) The defendant knew that the victim of the current offense was 6 a youth who was not residing with a legal custodian and the defendant 7 established or promoted the relationship for the primary purpose of 8 victimization. , 9 (k) The offense was committed with the intent to obstruct or impair 10 human or animal health care or agricultural or forestry research or 11 commercial production. ' 12 (1) The current offense is trafficking in the first degree or 13 trafficking in the second degree and any victim was a minor at the time 14 of the offense. 15 (m) The offense involved a high degree of sophistication or 16 planning. 17 (n) The defendant used his or her position of trust, confidence, or 18 fiduciary responsibility to facilitate the commission of the current 19 offense. 20 (o) The defendant committed a current sex offense, has a history of 21 sex offenses, and is not amenable to treatment . 22 (p) The offense involved an invasion of the victim' s privacy. 23 (q) The defendant demonstrated or displayed an egregious lack of 24 remorse. 25 (r) The offense involved a destructive and foreseeable impact on 26 persons other than the victim. 27 (s) The defendant committed the offense to obtain or maintain his 28 or her membership or to advance his or her position in the hierarchy of 29 an organization, association, or identifiable group. 30 (t) The defendant committed the current offense shortly after being 31 released from incarceration. 32 (u) The current offense is a burglary and the victim of the 33 burglary was present in the building or residence when the crime was 34 committed. 35 (v) The offense was committed against a law enforcement officer who 36 was performing his or her official duties at the time of the offense, 37 the offender knew that the victim was a law enforcement officer, and ESSB 5312 .SL p. 12 1 1 the victim' s status as a law enforcement officer is not an element of 2 the offense. 3 (w) The defendant committed the offense against a victim who was 4 acting as a good samaritan. 5 (x) The defendant committed the offense against a public official 6 or officer of the court in retaliation of the public official ' s 7 performance of his or her duty to the criminal justice system. ' 8 (y) The victim's injuries substantially exceed the level of bodily 9 harm necessary to satisfy the elements of the offense. This aggravator 10 is not an exception to RCW 9. 94A.530 (2) . 11 (z) (i) (A) The current offense is theft in the first degree, theft 12 in the second degree, possession of stolen property in the first 13 degree, or possession of stolen property in the second degree; (B) the 14 stolen property involved is metal property• and (C) the property damage 15 to the victim caused in the course of the theft of metal property is 16 more than three times the value of the stolen metal property, or the 17 theft of the metal property creates a public hazard. 18 (ii) For purposes of this subsection "metal property" means 19 commercial metal property or nonferrous metal property, as defined in 20 section 1 of this act . 1 21 NEW SECTION. Sec. 11, Sections 1 through 9 of this act constitute 22 a new chapter in Title 19 RCW. 23 NEW SECTION. Sec. 12 . RCW 9. 91 .110 (Metal buyers--Records of 24 purchases--Penalty) and 1971 ex. s. c 302 s 18 are each repealed. 25 NEW SECTION. Sac. 13. Captions used in this act are not any part 26 of the law. 27 NEW SECTION. Sec. 14 . If any provision of this act or its ' 28 application to any person or circumstance is held invalid, the 29 remainder of the act or the application of the provision to other 30 persons or circumstances is not affected. Passed by the Senate April 19, 2007. Passed by the House April 19, 2007 . Approved by the Governor May 8, 2007. Filed in Office of Secretary of State May 10, 2007. p. 13 ESSB 5312 .SL 1 Kent City Council Meeting Date April 15, 2008 Category Consent Calendar - 6L 1. SUBJECT: LEASE AGREEMENT WITH RAINIER PACIFIC MANAGEMENT, LLC, FOR POLICE SUBSTATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the lease agreement with Rainier Pacific Management, LLC, to provide a West Hill substation for the Kent Police Department at the Woodmont Shopping Center, located at 26226 Pacific Highway South. No basic rent will be paid, as the landlord desires that the Police Department's presence will act as a deterrent for illegal activities in the area. The term of the lease will be 36 months beginning on May 1, 2008. The agreement has been reviewed by the Law Department. 3. EXHIBITS: Lease agreement 4. RECOMMENDED BY: Public Safety Committee 4/8/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: LEASE AGREEMENT BETWEEN CITY OF KENT AND RAINIER PACIFIC MANAGEMENT, LLC FOR KENT POLICE DEPARTMENT SUBSTATION THIS LEASE is entered into the date fully executed by and between RAINIER PACIFIC MANAGEMENT, LLC for WOODMONT INVESTMENTS LLC, dba Woodmont Plaza Shopping Center, a Limited Liability Corporation registered in the State of Washington, "Landlord", and CITY OF KENT, a municipal corporation of the State of Washington, "Tenant." 1. PREMISES. The Landlord leases to Tenant the premises situated at 26226 Pacific Highway South, in the City of Kent, Washington that are described as 1,174 square feet of office space in the Woodmont Plaza Shopping Center, for use by the Tenant. The area so leased is hereinafter called "the Premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE. The Premises shall be utilized by Tenant for the purpose of operating a City of Kent Police Department Sub Station and related ancillary uses and for no other purpose without the written consent of Landlord. The Premises will not be used for ' containment of prisoners for more than 2 hours at a time and no holding cell will be built. 3. TERM. The term of this Lease shall be Thirty Six months commencing May 1, 2008, (the "Commencement Date") and shall terminate on the last day of April 2011. By signing this Lease, Tenant acknowledges that it has had adequate opportunity to investigate the Premises. Tenant shall be permitted to take possession of the Premises on the Commencement Date. 4. BASIC RENT. Tenant and Landlord covenant and agree that no basic rent is to be paid. Landlord desires that Tenants' presence shall act as a deterrent for illegal activities in the area and therefore donates basic rent to the Tenant. Tenant shall issue Landlord a letter at the end of the each year that confirms that space is being donated to Tenant. 5. OPERATING COSTS. a. Tenant shall pay to Landlord on the first day of each month one twelfth of Tenant's pro rata share of Operating Costs, which is 00/100 Dollars ($0.00) per month. ' b. As used herein, "Operating Costs" shall mean all costs of operating, maintaining and repairing the Premises, the Building, and the Property (consisting of the building in which the premises are located and the adjoining land and POLICE SUB-STATION LEASE AGREEMENT - Page 1 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) buildings owned by Landlord), determined in accordance with generally accepted accounting principles, and including without limitation the following: all taxes and assessments (including, but not limited to real and personal property taxes and assessments, local improvement district assessments and other special purpose assessments, and taxes on rent or gross receipts); insurance premiums paid by Landlord and (to the extent used) deductibles; water, sewer, gas, electric and all other utility charges (other than utilities separately metered and paid directly by Tenant or other tenants); refuse, garbage, and trash removal; refurbishing and repainting; carpet replacement; air conditioning, heating, and ventilation; pest control; lighting systems, fire detection and security services; landscape maintenance; management (fees and other personnel costs); parking lot, road, sidewalk and driveway patching, resurfacing and maintenance; snow and ice removal; amortization (in accordance with generally accepted accounting principles) of capital improvements which may be installed by Landlord in the future to comply with government regulations and rules or undertaken in good faith with a reasonable expectation of reducing operating costs (the useful life of which shall be a reasonable period of time as determined by Landlord); and costs of legal services (except those incurred directly relating to a particular occupant of the Building); accounting services; labor, supplies, materials and tools; repairs, maintenance and repairs to the roof and walls. Operating Costs shall not include Landlord's income tax or general corporate overhead, depreciation on the Building or equipment therein; loan payments; real estate broker's commissions; capital improvements of the Building not described in this paragraph; or any costs regarding the operating, maintenance and repair of the Premises, the Building, or the Property paid directly by Tenant or other tenants in the Building. c. Tenant shall pay to Landlord Tenant's share of Operating Costs following the procedures set forth below: (i) Landlord shall provide to Tenant, at or before the Commencement Date, a good faith estimate of Tenant's prorata share of annual Operating Costs. Tenant's prorata share shall include all Operating Costs for the Buildings and Property and the proportion of Tenant's rentable area of the Premises to the rentable area of Tenant and all other tenants using the rights to use the Common Areas. (ii) If the amount paid by Tenant for that year exceeds the Tenant's actual proportionate share, Tenant shall be given either a credit towards the next common areas payment(s) due from Tenant, or a refund if the term of the Lease ' has expired. If the amount paid by Tenant for that year is less than Tenant's actual proportionate share, Tenant shall pay Landlord the deficit within thirty (30) days of receipt of the written computation. An appropriate proportionate adjustment shall be made for any period of less than a year. r POLICE SUB-STATION LEASE AGREEMENT - Page 2 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) 6. SECURITY DEPOSIT. No security deposit is required. 7. COMMON AREA. Tenant shall abide by rules and regulations adopted by Landlord from time to time and shall use its best efforts to cause its employees, contractors, and invitees to comply with the rules and regulations, and not interfere with the use of Common Areas by others. Landlord shall maintain the Common Areas in good order, condition, and repair. S. UTILITIES AND FEES. In addition to the Tenant's Prorata Share of Operating Costs, Tenant agrees to pay all charges for natural gas, electricity and any other utilities separately metered to the Premises 9. REPAIRS AND MAINTENANCE. t a. Tenant's Obligations. Premises have been inspected and are accepted by Tenant in their present condition. Tenant shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Tenant shall permit no waste, damage or injury to the premises; keep all drain pipes free and open; protect water, heating, gas and other pipes to prevent freezing or clogging; repair all plumbing leaks and damage caused by plumbing leaks; replace all glass in windows and doors of the premises which may become cracked or broken; and remove ice and snow from sidewalks adjoining the premises. Tenant shall make such repairs as necessary to maintain the premises in as good condition as they now are, reasonable use and wear and damage by fire and other casualty excepted. 1 b. Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof (and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation, bearing and exterior beams and supports, flooring and subflooring. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference. 10. TENANT IMPROVEMENTS. Landlord agrees to pay the costs of ' constructing a demising wall separating the leased premises from the remainder of the building in which they are located. Tenant agrees to pay for all other tenant improvements required for its use ("Tenant's Work"). Tenant warrants and agrees that all of Tenant's Work shall be performed in conformance with applicable city and state building, electric and fire codes under validly issued permits. Tenant agrees to defend, hold harmless and indemnify Landlord from and against all costs, IPOLICE SUB-STATION LEASE AGREEMENT - Page 3 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) expenses, and liabilities of all kind arising out of or related in any way to Tenant's Work. 11. ALTERATIONS. Tenant shall be permitted to perform Tenant's Work, and with Landlord's prior written consent, such other alterations, additions and improvements in said premises, at Tenant's sole cost and expense. In the performance of such work, Tenant agrees to comply with all laws, ordinances, rules and regulations of any proper public authority, and to save Landlord harmless from damage, loss or expense. Upon termination of this Lease and upon Landlord's request, or Landlord's approval, Tenant shall remove such improvements and restore the premises to its original condition not later than the termination date, at Tenant's sole cost and expense. Any improvements not so removed shall be removed at Tenant's expense provided that Tenant shall pay for any damage caused by such removal. 12. SIGNS. All signs or symbols placed by Tenant in the windows and doors of , the premises, or upon any exterior part of the building, shall be subject to Landlord's prior written approval. Landlord may demand the removal of signs which are not so approved, and Tenant's failure to comply with said request within forty-eight (48) hours will constitute a breach of this paragraph and will entitle Landlord to terminate this Lease or, in lieu thereof, to cause the sign to be removed and the building repaired at the sole expense of the Tenant. At the termination of this Lease, Tenant will remove all signs placed by it upon the premises, and will repair any damage caused by such removal. All signs must comply with sign ordinances and be placed in accordance with required permits. 13. CONDEMNATION. In the event a substantial part of the Premises is taken or damaged by the right of eminent domain, or purchased by the condenmer, in lieu thereof; so as to render the remaining premises economically untenantable, then this Lease shall be canceled as of the time of taking at the option of either party. In the event of a partial taking which does not render the premises economically untenantable, the rent shall be reduced in direct proportion to the leased property taken. Tenant shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Nothing herein contained shall prevent the Tenant from Tenant's entitlement to negotiate for Tenant's own moving costs and Tenant's leasehold improvements. 14. PARKING. Landlord shall have the right to make such regulations as ' Landlord deems desirable for the control of parking automobiles on the real property adjacent to the Building or property under Landlord's control, including the right to designate certain areas for use by Tenant and other tenants of such properties. Tenant shall have the right to park in three (3) designated parking spaces to be located in front of the Premises in the common area parking lot. POLICE SUB-STATION LEASE AGREEMENT - Page 4 of 7 (April 9, 2008) (between Rainier Pacific Management and Gty of Kent - Re: Woodmont Center) 15. LIENS AND INSOLVENCY. Tenant shall keep the Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Tenant and shall indemnify and hold Landlord harmless against the same. In the event Tenant becomes insolvent, bankrupt or if a receiver, assignee or other officer is appointed for the business of Tenant, Landlord may cancel this Lease at its option. 16. SUBLETTING OR ASSIGNMENT. Tenant shall not sublet the whole or any part of the Premises, nor assign this Lease without the written consent of Landlord. This Lease shall not be assignable by operation of law. ' 17. NOTICES. ' All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or by a courier service, to the following addresses: If to Landlord, to: Rainier Pacific Properties Attn: Diane Frias PO BOX 3003 Seattle, WA 98114 If to Tenant, to: City of Kent Attn: Charlie Lindsey 220 Fourth Avenue S Kent, WA 98032 I With a copy to: City of Kent Attn: Capt. Michael Painter 220 Fourth Avenue S Kent, WA 98032 18. TENANT'S PAYMENT ON EXECUTION OF LEASE. Upon execution of this Lease by both Landlord and Tenant, Tenant shall pay Landlord 0 and 00/100 Dollars ($0.00) in payment of the first month's Operating Costs. r19. OPTIONS TO RENEW. Tenant and Landlord, upon mutual agreement at the end of this initial lease term, have one (1) Three-year (3 year) option to renew this agreement at a lease rate mutually agreed upon at that time. LPOLICE SUB-STATION LEASE AGREEMENT - Page 5 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) The foregoing conditions are mutually agreed to by the Landlord and the Tenant. LANDLORD: TENANT: Rainier Pacific Properties, a corporation City of Kent, a municipal corporation of of the State of Washington the State of Washington By: By: Print Name: JONATHAN TRAN Print Name: SUZETTE COOKE Title: Property Manager/Owner's Agent Title: City of Kent MAYOR ' Date: Date: (Notary Acknowledgements Appear on Next Page) APPROVED AS TO FORM: Kent Law Department POLICE SUB-STATION LEASE AGREEMENT - Page 6 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) r STATE OF WASHINGTON ) ' ) ss. COUNTY OF KING ) 1 On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of RAINIER PACIFIC PROPERTIES, a Washington corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that were authorized to execute said instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. r Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2008, before me a Notary Public in 1 and for the State of Washington, personally appeared SUZETTE COOKE, to me known to be the Mayor of CITY OF KENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary L act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public in and for the State of Washington residing at My appointment expires rP\Clvll\Files\OpenFlles\1271\PoliceDeptWoodmontLease doc POLICE SUB-STATION LEASE AGREEMENT - Page 7 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) Kent City Council Meeting Date April 15, 2008 Category Other Business - 7A 1. SUBJECT: MERIDIAN BANKS PLAT APPEAL (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: The Council will consider a closed record appeal of the Hearing Examiner's decision for the Meridian Banks preliminary plat. ' The proposed plat is located at 25840 135th Lane Southeast. The Kent Hearing Examiner held public hearings on May 10th, May 23rd, and August 15th, 2007, Findings, Conclusions, and a Decision were issued by the Hearing Examiner on October 15, 2007. The applicant filed with the Hearing Examiner a motion asking for reconsideration of this Decision. The Hearing Examiner denied that motion and issued a Decision On Request For Reconsideration on February 5, 2008. Pursuant to Council resolution, the appellants, Mr. Floten and Mr. Nixon, and the respondent City will each have up to 30 minutes to present their arguments in favor of or opposing the appeal. Special Counsel to the City Council, Mr. Wayne Tanaka, will introduce this matter before argument begins. 3. EXHIBITS: Each councilmember has been provided a notebook containing the critical documents and decisions for this appeal; a complete copy of the record relied upon by the hearing examiner has been on file in the City Council office for Council's review and reference since April 4, 2008. 4. RECOMMENDED BY: N/A (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No L6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds TO: ' (a) affirm the Hearing Examiner's Meridian Banks preliminary plat decision/reject the Hearing Examiner's Meridian Banks preliminary plat decision/modify the Meridian Banks preliminary plat decision as follows: ; and (b) direct the attorney for the Council to draft an ordinance containing findings and conclusions consistent with this motion and bring the same back to Council for final passage. DISCUSSION: ACTION: 1 rKent City Council Meeting Date April 15, 2008 rCategory Bids - 8A 1. SUBJECT: UPPER MILL CREEK CULVERT REPLACEMENT AT SE 264TH STREET r 2. SUMMARY STATEMENT: The lowest responsive and responsible bid for this project was submitted by Pivetta Brothers Construction in the amount of $353,1%3.01. 1 �3 1 r r 1 1 3. EXHIBITS: Public Works Memorandum dated 4/8/08 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember c seconds a&q&ILI 3 ' to award the contract for Upper Mill Creek Culvert Replacement at SE 2qffFy Street project to Pivetta Brothers Construction in the amount of $353,9-ET.01 and authorize the Mayor to sign the contract and all other necessary documents. rDISCUSSION: ACTION: r r PUBLIC WORKS DEPARTMENT ' Larry R Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax 253-856-6500 PHONE 253-856-5500 Memorandum DATE: April 8, 2008 TO: Kent City Councilmembers THROUGH: Larry R. Blanchard, Public Works Director FROM: Joe Fielding, Environmental Engineer II RE: Upper Mill Creek Culvert Replacement at SE 264th Street Project #: 07-3031 The bid opening for this project was held on April 8, 2008 with seven (7) bids received. Of those bids six (6) were responsive The lowest responsive and responsible bid was submitted by Pivetta Brothers Construction in the amount of $353,963.01 The Public Works Director recommends awarding this contract to Pivetta Brothers Construction. Bid Summary ' 1. Pivetta Brothers Construction $353,693.01 2. Tri-State Construction $366,065.60 3. Rodarte Construction $436,174.40 4. Construct Co. $473,478.56 5. Road Construction NW $492,272.34 6. Johansen Excavating, Inc. $522,556.90 Engineer's Estimate $438,954.45 ' City of Kent Public Works Department u:lpwcommrtteel6�dmemo doc 1 1 REPORTS FROM STANDING COMMITTEES AND STAFF 1 A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE 1 iD. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE lf� C iN' cad i F. PUBLIC SAFETY COMMITTEE (W Y\ 1 /vl 13 @ 5 iG. PUBLIC WORKS l�Y� l V11 � i iH. ADMINISTRATION 0Y1 /V l wswl t � /u0), It CMnCQ� P�v�e� 1 1 REPORTS FROM SPECIAL COMMITTEES A "� x 1 \Dlc� i ' 1 KENT WAHYIN OTON OPERATIONS COMMITTEE MINUTES MARCH 4, 2008 Committee Members Present: Debbie Raplee, Les Thomas and Tim Clark The meeting was called to order by Chair Tim Clark at 4:04 p.m. 1. APPROVAL OF MINUTES DATED FEBRUARY 19, 2008 Les Thomas moved to approve the minutes of the February 19, 2008, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED FEBRUARY 29, 2008 Finance Director Bob Nachlinger presented the vouchers for February 29, 2008, for approval. Debbie Raplee moved to approve the vouchers dated February 29, 2008. Les Thomas seconded the motion, which passed 3-0. 3. 2007 - 2 ND HALF BUDGET ADJUSTMENT ORDINANCE Finance Director Bob Nachlinger presented the 2007 2"d Half Budget Adjustment Ordinance. Nachlinger advised that authorization is requested to approve the technical gross budget adjustment ordinance totaling $90,435,060 for budget adjustments made between August 1, 2007 and December 31, 2007. The net amount, excluding transfers and internal service charges, is $89,523,704. Please note that $89,816,641 was previously approved by Council, including $78,600,000 for the Events Center. These were primarily for projects. The net amount of $618,419 not yet approved by Council, is for the allocation of dedicated revenues and authorizing expenditures. The authorized position count is increased by 15 for 14.0 for Fire for permanent full-time firefighters to staff new Covington station, which is covered by revenues from Fire District 37, and for one (1) Public Works Engineering for a permanent full-time Engineer Tech 2. Questions were raised by the Committee which Nachlinger responded to. Les Thomas moved to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between August 1, 2007 and December 31, 2007 totaling $90,435,060. Debbie Raplee seconded the motion, which passed 3-0. 2 , Operations Committee Minutes March 4, 2008 Page: 2 4. TOWN SQUARE PLAZA BUDGET ADJUSTMENT — AUTHORIZE Superintendent of Parks and Open Space Lori Flemm presented the Town Square Plaza Budget Adjustment - Authorize. Flemm advised that staff provided an update on the Town Square Plaza Project at the January 15, Operations Committee meeting. The report highlighted the significant progress to date, outlined some of the challenges that the project has overcome, and informed the Committee members that a budget adjustment would be necessary to complete this project. The additional funds needed to complete the project address changes resulting from the fact that Phases I and II of Project Springboard have not been completed, along with addressing the significant amount of unsuitable soil that was found on the site. Funds for this budget adjustment are available in the Parks CIP fund, and through the deferral of some 2008 projects - namely Riverview Park. Questions were raised by the Committee which Flemm responded to. Debbie Raplee moved recommend authorizing a budget adjustment of $654,000.00 for changes orders from IV Constructors, Inc. for the Town Square Plaza Project, subject to final terms and conditions acceptable to the City Attorney. Les Thomas seconded the motion, which passed 3-0. S. ARCHITECTURAL FEES FOR AUKEEN COURT EXPANSION - AUTHORIZE i Chief Administrative Officer John Hodgson presented the Architectural Fees for Aukeen Court Expansion - Authorize. Hodgson advised that the Municipal Court staff have been working in very crowded conditions. The City is negotiating an agreement with King County District Courts to allow the City to complete a renovation of the current Aukeen District Court building to allow expansion for courts and office space. Once the schematic design has been finished and a budget developed, additional funding will be requested to complete the design, bidding and construction services. Staff is proposing entered into the proposed agreement with David Clark Architects, PLLC. Questions were raised by the Committee which Hodgson responded to Les Thomas moved to approve establishing a budget of $90,000.00 for schematic design services to expand Aukeen Court, and authorize the Mayor to enter into an agreement with David Clark Architects PLLC, subject to final terms and conditions acceptable to the City Attorney. Debbie Raplee seconded the motion, which passed 3-0. 3 ' Operations Committee Minutes March 4, 2008 Page: 3 1 6. CABLE FRANCHISE CONTRACT CONSULTANT WITH BRADLEY & GUZZETTA Information Technology Multimedia Manager Dea Drake presented the Cable Franchise Contract Consultant with Bradley & Guzzetta, LLC. Drake advised that the City of Kent Comcast Cable Franchise Agreement will expire in June of 2008. The constantly changing landscape of emerging technologies in telecom, cable and broadband, combined with recent FCC rulings, has created a trend toward National and State franchising. This convergence of technology and policy also creates a complicated and constantly changing set of priorities with multiple considerations. Local municipalities like ours are often left with very little negotiating power and leverage and the negotiating team that from 1993 is no longer available. Drake advised that the City would benefit from having a consultant with strong experience in negotiating cable franchises and seasoned experience in the kind of climate we find ourselves today. The recommended consultant, Bradley and Guzzetta LLC, is currently negotiating on behalf of the cities of Auburn and Renton. This Valley Cities backdrop will provide us with a measure of regional leverage along with cost sharing benefits. The negotiating team will consist of staff from IT and Law coupled with the Bradley and Guzzetta principle, Michael Bradley. Secondary support will be provided by the Bradley and Guzzetta consulting firm as a whole. Funding for this effort was included in the 2007 Tech Plan which was adopted as part of the comprehensive 2008 City budget. Questions were raised by the Committee which Drake and City Attorney Tom Brubaker responded to. ' Debbie Raplee moved to approve entering into a contract with Bradley and Guzzetta LLC, Attorneys at Law, for the purpose of assisting the City in negotiation of the Comcast Cable Franchise for an amount not to exceed $35,000 plus taxes and expenses. Les Thomas seconded the motion, which passed 3-0. The meeting adjourned at 4:37 p.m. Renee Cameron Operations Committee Secretary 1 ' PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 10, 2008 Committee Members Chair Elizabeth Albertson, Deborah Ranniger sat in for Tim Clark with Bob O'Brien absent. Chair Albertson called the meeting to order at 5:00 p.m. ' Approval of Minutes Ranniger MOVED and Albertson SECONDED a MOTION to approve the minutes of January 14, 2008, February 11, and February 20, 2008. Motion PASSED 3-0 with O'Brien's concurrence. Kent West Hill Neighborhood Council 1 Neighborhood Program Coordinator Toni Azzola gave a general overview of the neighborhood programs. Azzola introduced the Kent West Hill Neighborhood. She stated that this neighborhood council has three vice-presidents, who represent three distinct geographic areas of the neighborhood. She stated that the Kent West Hill Neighborhood consists of 1146 homes and is bounded to the North by SR 516, to the East by SR 516, to the south by Reith Road, and to the west by Interstate 5. Azzola stated that the Kent West Hill Neighborhood has completed the process to be recognized as a neighborhood council. Toni would like to see this item moved forward to City Council at their March 18, 2008 meeting. Ranniger MOVED and Albertson SECONDED a MOTION to recommend Council adopt the proposed resolution which recognizes Kent West Hill Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Motion PASSED 3-0 with O'Brien's concurrence. Code Enforcement Process Improvements Ordinance Community Development Director Fred Satterstrom explained how adoption of this ordinance will significantly change how business will be conducted in Code Enforcement. He stated that the revisions to Kent City Code came about as a result of complaints that the city's code enforcement system was not as efficient or as effective as it could be. Satterstrom acknowledged Kent's Attorneys Pat Fitzpatrick & Tom Guilfoil for their assistance with these revisions. Building Official Bob Hutchinson explained that under the existing process, approximately 95 percent of code issues are resolved through voluntary compliance, citing that the new code will not change that. Hutchinson stated that under the new code a $500 penalty will automatically be applied when a Notice of Violation is issued. He stated that this method will streamline the collection process. Hutchinson explained that fines can be mitigated and reduced to not less than $100 at the discretion of the Hearing Examiner. PEDC Minutes January 14, 2008 Page 1 of 6 Hutchnson stated that he expects these changes will result in more penalties, which will ultimately induce more compliance. He stated that these changes will be most effective with repeat offenders. In response to Albertson, staff clarified that these regulations will govern violation protocol across City departments such as Fire, Police and Building Departments; with the departments coordinating their efforts where needed. In response to Committee inquiry, Assistant City Attorney Tom Guilfoil stated that the appropriate way for someone to respond to a notice of violation is through writing or appearing in person, with e-mail being unacceptable as it raises legal issues. Ranniger MOVED and Albertson SECONDED a MOTION to recommend that the City Council enact an ordinance repealing the existing Chapter 1.04 of the Kent City Code, adopting a new Chapter 1.04 in its place, and making other related housekeeping changes to Chapter 13.02 and Chapter 14.08 then move this on to City Council under "Other Business". Motion PASSED 3-0 with O'Brien's concurrence. Historic Preservation A. Mill Creek Canyon Earthworks Park - Planner Lydia Moorehead stated that Kent City Council passed Historic Preservation Ordinance 3809 in September 2006. She stated that an interlocal agreement was signed with King County which provides a process for the nomination and designation of historic resources. Moorehead stated that Kent's Arts Commission nominated Mill Creek Canyon , Earthworks Park for designation as Kent's first historic resource. She stated that the 2.5 acre site is located in the northeast corner of the Earthworks Park bounded by East Smith Street/Canyon Road SE to the north, East Titus Street to the west, Reiten Road to the south, and a millpond/sediment pond immediately upstream to the east. Moorehead described Earthworks Park (installed in 1982) and why it has been nominated as a historically significant site. Moorehead stated that Earthworks was recently included in Destination Art a first critical guide to the 200 most important , modern and contemporary art sites around the world. Moorehead stated that the Public Works Department is crafting plans to alter the site to meet new Department of Ecology regulations for a 10,000 year storm spillway. She stated that the Public Works Department is working with the Arts Commission and King County Historic Preservation to make sure that the improvements to Earthworks Park don't alter the significant features of the Designer Herbert Bayer's artwork while maintaining its functionality. Moorehead stated that new avenues of funding would become available with historic designation which would be used to restore, maintain and promote the Earthworks art. She stated that the presence of salmon in Mill Creek has constrained the City's Parks Department which maintains the park. PEDC-Minutes March 10, 2008 Page 2 of 6 3 B. Historic Inventory Update - Moorehead stated that as a Certified Local Government, Kent has the opportunity to receive a matching grant contribution from the State which requires that Kent match funds in the amount of $2,500. Moorehead stated that this funding would be used to update the City's historic structures inventory; would allow King County staff to field check the City's survey to determine what still exists, digitize inventory, take new photos, place them in a database, and create a GIS layer making this information available for those people who want to use it for their nomination applications. Ranniger MOVED and Albertson SECONDED a MOTION to recommend approval of the nomination of Mill Creek Canyon Earthworks and authorize the King County Historic Preservation Officer to process the nomination application pursuant to the Interlocal Agreement for Landmark Services. Motion PASSED 3-0 with O'Brien's concurrence. iRanniger MOVED and Albertson SECONDED a MOTION to recommend approval of the match grant funds in the amount of $2,500. Motion PASSED 3-0 with O'Brien's concurrence. Midway Subarea Plan Long Range Planner Gloria Gould-Wessen explained how the Midway area is changing. She stated that Kent's Mayor and Council have been aware of these changes and wanted the city to be positioned for any future redevelopment. tGould-Wessen stated that the City competed for and was awarded a grant of $125,000 from the State Community Trade and Economic Development Department (CTED) to work collaboratively with the City of Des Moines in a public visioning process. Gould-Wessen stated that the end products from the visioning may result in new land uses, development regulations, and implementation strategies. A. Interlocal Agreement between Kent and Des Moines - Gould-Wessen stated that the Interlocal Agreement articulates the project's mission, defines the goals, and establishes the study boundaries as defined through two joint meetings held in February by Kent's Planning & Economic Development Committee and the Des Moines Finance and Economic Development Committee. She stated that the Agreement contains the Grant's Deliverables, a budget agreement, a record- keeping and reporting process She stated that at the request of the Des Moines City Manager, staff added a Public Process Section focusing on stakeholders' tasks. Gould-Wessen stated that the Des Moines Council will review the Interlocal Agreement for approval on March 27en Item A: Ranninger MOVED and Albertson SECONDED a MOTION to authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des Moines regarding the Midway Planning Project. Motion PASSED 3-0 with O'Brien's concurrence. Upon advisement by Assistant City Attorney Kim Adams Pratt, Ranniger amended her motion as follows. PEDC-Minutes March 10, 2008 Page 3 of 6 Ranniger MOVED and Albertson SECONDED a MOTION to authorize the Mayor to ' sign an Interlocal Agreement between the City of Kent and the City of Des Moines subject to final terms and conditions acceptable to the City Attorney and the Planning Manager regarding the Midway Planning Project. Motion PASSED 3-0 with O'Brien's concurrence. Item B: Ranniger MOVED and Albertson SECONDED a MOTION to authorize the Mayor to sign a contract with Cascade Design Collaborative to facilitate a series of public workshops on the Midway Planning Project, as amended, for a total not to exceed $46,000 subject to final terms and conditions acceptable to the City Attorney and Planning Manager. Motion PASSED 3-0 with O'Brien's concurrence. Transportation Master Plan — Emergency Resolution Planning Manager Charlene Anderson stated that an emergency resolution is necessary to facilitate analysis of a comprehensive plan amendment to adopt the Transportation Master Plan as part of the City's Comprehensive Plan. She stated that when an amendment to the Comprehensive Plan is brought forward outside the annual amendment cycle, it follows a different process, should the Council decide to declare it an issue of communitywide significance. Anderson stated that if approved, the amendment to the Comprehensive Plan to adopt the Transportation Master Plan will be heard before the Land Use and ' Planning Board who will give a recommendation. She stated that some revisions to the draft Plan could result from the additional public hearing and testimony. Anderson stated that the Transportation Master Plan would amend the Transportation Element in the Comprehensive Plan; and the amendment must be consistent with the other elements of the comprehensive plan. Mel Roberts, 9421 South 241' St., Kent, WA stated that the Transportation Master Plan (TMP) packet was assembled in January and wasn't available to the Kent Bicycle Advisory Board during the comment period. Roberts stated that the TMP does not include the following sites where bike routes ' are needed: a bicycle lane running up the hill along the Kent-Des Moines Road, along Frager Road, and the addition of a second route along the Green River (in addition to the one existing route). He stated that from 124th to Green River , Community College, bicycles have to use vehicular lanes. Roberts stated that Kent has about 25 miles of trails and 10 miles of bicycle lanes. He stated that the TMP added about 40 miles of new bicycle facilities for a total of 75 miles. He stated that Kent's Bicycle Advisory Board (KBAB) requested that the City incorporate about 150 miles of bicycle facilities in Kent's network, which would position each address in Kent within a 1/2 mile radius of a bicycle facility, creating a bicycle friendly community. Roberts cited the Seattle to Portland bicycle run as a potential boost to Kent's economy, as approximately 3,000 of roughly 9,000 riders reside in the south county area, traveling on existing bicycle facilities, spending their money for bicycles, accessories and food. He stated that the percent of bicycle riders in Kent PEDC-Minutes March 10, 2008 Page 4 of 6 5 will likely increase from one percent up towards five percent as gas prices continue to rise and the expense of owning a car becomes onerous. Roberts stated that he would be prepared to present a letter, information and handouts with his proposal for changes to the TMP, at the March 17t" Public Works Committee meeting. 1 Ranniger MOVED and Albertson SECONDED a MOTION to recommend that the City Council pass a resolution regarding the amendment of the Transportation Element of the Comprehensive Plan related to adoption of the Transportation Master Plan, and declaring an emergency for adoption of the amendment. Motion PASSED 3-0 with O'Brien's concurrence. CPA-2007-1 Shoreline Master Proaram Update Planner Erin Fehringer reviewed the progress of the Shoreline Master Program (SMP) update. She stated that former planner Kim Marousek gave a brief update at the beginning of the process, in November 20, 2006. Fehringer stated that the City last revised its SMP in 1999, stating that the State has mandated that municipalities in King County are to update their SMP's every seven years. Fehringer stated that Kent's deadline is December 1, 2009. Fehringer stated that the SMP regulates lakes that are over 20 acres in size as well as rivers and streams with flows over 20 (CFS) cubic feet per second. Fehringer stated that the SMP regulates within 200 feet landward of the ordinary high water mark of those shorelines. Fehringer stated that staff has hired consultants; Makers who works primarily on architecture and planning projects, and the Watershed Company who will handle the environmental aspects of the update. Fehringer stated that the City received a $190,000 grant from the Department of Ecology (DOE) who is tasked with reviewing the City's SMP update. She stated that a DOE staff member is assigned to the City of Kent to coordinate and work with staff through this process. ' Fehringer stated that a couple of components of the SMP update include producing an inventory of shorelines (determined by staff) which meet the requirements for shoreline regulation, and defining the characterization of each of those shorelines to determine what uses surround those shorelines and what elements make them unique. Fehringer stated that staff will evaluate the policies and regulations that regulate those shorelines and determine what kind of development can occur, to find a balance between shoreline development and restoration of shoreline environments. She stated that staff will then complete a cumulative impact analysis and carry out restoration planning. Fehringer stated that staff has completed the inventory and is in the process of preparing a report for submittal to DOE this month. PEDC-Minutes March 10, 2008 Page 5 of 6 Fehringer stated that staff has identified several new shorelines: 23 acre Lake Fenwick, Panther Lake (in the City's potential annexation area), A small portion of Springbrook Creek at the northernmost edge of Kent, Jenkins Creek, Green River Natural Resources Area, an area of city-owned land functioning as a storm water detention facility, a wildlife preserve and wetland. , Fehringer stated that regulated shorelines must be 20 acres or greater in size and that DOE does not distinguish between manmade and natural lakes. Fehringer stated that the City's existing shorelines include Lake Meridian, the Green River, and a small portion of Big Soos Creek. Fehringer stated that DOE requires public participation, and she stated that the City has created a Citizens' Advisory Committee consisting of seven members, represented by a developer, an architect, a cyclist, a Lake Meridian resident, a Lake Fenwick resident, a Big Soos Creek resident, and a member of the Master Builder's Association. Fehringer stated that the Committee will meet monthly with the first meeting to be held on March 20th. She stated that staff anticipates completing a Draft SMP for presentation to Council in early 2009. Adiournment Chair Albertson adjourned the meeting at 5:55 p.m. Pamela Mottram Planning Services/PEDC Secretary 5\Permit\Plan\PEDC\2008\Minutes\031008_PEDCmin doc i I f T PEDC-Minutes March 10, 2008 Page 6 of 6 i `� KENT .......... CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 11, 2008 i COMMITTEE MEMBERS: Bob O'Brien, Les Thomas, and Ron Harmon, Chair i • Ron Harmon's absence was excused and Debbie Raplee attended in his place. The meeting was called to order by Acting Chair Debbie Raplee at 5:05 PM. • Bob O'Brien's absence was excused and he gave D. Raplee his concurrence on the action items. • Chair called for additions or changes to the agenda; item #3 was removed. 1. Approval of Minutes Les Thomas moved to approve the minutes of the February 12, 2008 I meeting. The motion was seconded by Debbie Raplee and passed 3-0, with O'Brien's concurrence. 1 2. Prohibited Conduct on Public Transit Property and Vehicles — Ordinance - ADOPT i Tom Guilfoil, Assistant City/Prosecuting Attorney, and Chief Steve Strachan explained why the police asked for the ordinance. Adopting the substance of King County's transit code of conduct ordinance provides a tool for police officers to ensure consistent regulations. D. Raplee asked why the use of drugs was not mentioned and T. Guilfoil stated he would review and add the language if it was needed. L. Thomas moved to recommend Council adopt the proposed ordinance relating to prohibited conduct on public transit property and vehicles. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 3. Aaenda item removed. i4. Washinaton Traffic Safety Commission grant application -AUTHORIZE Chief Strachan explained the grant funds would be used for emphasis patrols. L. Thomas moved to recommend authorizing the Kent Police Department to apply for the Washington Traffic Safety Commission "X-52 Patrols" grant in an amount up to $7,000.00. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. S. King County Basic Life Suoaort Services Contract - AUTHORIZE Fire Chief Jim Schneider explained the EMS funding has been received since 1981 from Seattle-King County Department of Public Health. L. Thomas moved to authorize the Mayor to sign contract with King County to receive Basic Life Support levy funds. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 6. Santiam Goods and Services Contract for Emergency Equipment - , AUTHORIZE Chief Schneider explained the personal protective equipment would be used for 22 new and replacement firefighters in 2008. L. Thomas moved to authorize the Mayor to sign the Goods and Services Contract with Santiam Emergency Equipment. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 7. Fire Investigations Interlocal Agreement with City of Covington - AUTHORIZE Chief Schneider reviewed the purpose of the agreement. L. Thomas moved to recommend placing the renewal of the Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire Investigations on the Consent Calendar of March 18, 2008 Council Meeting and authorizing the Mayor to sign the agreement. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 8. Homeland Security Sub-grant for Zone Coordinator — ACCEPT and AUTHORIZE Chief Schneider explained the funds would provide a Zone 3 Coordinator. L. Thomas moved to recommend placing this item on the Consent Calendar of the March 18, 2008 Council Meeting, accepting the reimbursable grant monies not to exceed $100,000 and authorizing the Mayor to sign the contract with King County Office of Emergency Management to receive the funds. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 9. Zone 3 Emergency Management Planning Consultant Contract - AUTHORIZE , Chief Schneider explained how this contract relates to the previous agenda item by providing a consultant agreement. L. Thomas moved to recommend that Council authorize the Mayor to sign the contract with the consultant to enhance Zone 3 Emergency management Planning. This agreement directly coincides with the King County Office of Emergency management grant on the agenda. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. Public Safety Committee Minutes 2 March 11, 2008 r 10. Public Health Seattle-King County Inter-agency Lease Agreements (2) - AUTHORIZE Chief Schneider explained the purpose of the lease agreements for used by paramedic units at Station 76 and the medic unit at Station 75. L. Thomas moved to authorize the Mayor to sign the renewal of two (2) Inter-agency Lease Agreements with Public Health, Seattle-King County. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 11. Emergency Medical Services Prehospital Participation grant -ACCEPT Chief Schneider explained the proposed use of funds to purchase temporal thermometers and vacuum splints. L. Thomas moved to accept the EMS Prehospital Participation Grant in the amount of $1,594. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. The meeting adjourned at 5:29 PM. Jo Thompson Public Safety Committee Secretary r r r r r r I I Public Safety Committee Minutes 3 March 11, 2008 1 PUBLIC WORKS COMMITTEE MINUTES DATE FOR MARCH 17, 2008 Committee Members Present: Committee Chair Deborah Ranniger and Committee Member Harmon were present. Councilmember Bob O'Brien sat in for Debbie Raplee, who was ill. The meeting was called to order at 5:04 p.m. ITEM 1 - Ratification of Approval of Minutes dated February 25, 2008: Harmon moved for ratification of the minutes of the February 25, 2008 meeting. The motion was seconded by O'Brien and passed 3-0. 1 ITEM 2 - Approval of the Corrected Minutes Dated March 03, 2008: Committee Member O'Brien moved to approve the corrected minutes of March 3, 2008. The motion was seconded by Harmon and passed 3-0. ITEM 3 -Russell Road Maintenance Facility Roof and Wall Improvements: Jeff Watling, Park Director stated that Werlech Construction was hired to remove the old metal siding and roof, as well as install seismic bracing and wood sheeting at the Russell Road Maintenance Facility. While in the process of removing the siding the contractor discovered extensive dry rot and structural decay. Funding is available in the Public Works project budget to pay for this change order. Harmon moved to recommend authorizing the Mayor to sign Change Order Number Two from Werlech Construction in the amount of $249,294.82 for the Russell Road Maintenance Facility Roof and Wall Improvements Project. The motion was seconded by O'Brien and passed 3-0. ITEM 4 - City Easement to Puget Sound Energy - Mill Creek Sanitary Sewer Lift Station: Tim LaPorte, Deputy Public Works Director stated that this easement is for the electrical service to the new Mill Creek Sanitary Sewer Lift Station, which is being constructed on City owned property located at the southeast corner of 1041h Avenue SE and SE 2671h Street. The station is being constructed for private development in order to provide sanitary sewer service to the area including their project. O'Brien moved to recommend authorization for the Mayor to sign the Puget Sound Energy easement for electrical services to the new Mill Creek Sanitary Sewer Lift Station as submitted, and to direct Public Works staff to record it. The motion was seconded by Harmon and passed 3-0. Page 1 of 2 2 PUBLIC WORKS COMMITTEE MINUTES DATE FOR MARCH 17, 2008 ITEM 5 — Continuation of Consideration of 2181h/2241h Street Corridor ■ Proiect (from 2/25/08 meeting) Staff Response to Comments & Ouestions. Deliberation & Committee Recommendation: Larry Blanchard, Public Works Director noted that at the February 25, 2008 meeting, the committee took public comments. Staff took notes so that they could address them at this meeting of March 17, 2008 He gave a brief history of the project. Addressed that there are some emails that have come forward, and he entered those into the record. He acknowledged that some of the audience members who did not speak at the March 17, 2008 meeting have a chance to speak this evening. After the public comment was heard, staff provided response to the public-meeting comments from February 25, 2008. Staff then presented an informational PowerPoint presentation. Harmon moved to recommend the Council approve the South 224th Street project utilizing alternative B, a three-lane roadway connecting 84th Avenue South and 108th Southeast via South 224th Street as described in the 224th Street Project Environmental Impact Statement, and authorize Public Works Director to move forward with the design, permitting, construction of the project. The City will create a South 224th Street Project design review committee made up of neighborhood volunteers that will advise on elements of the project related to the aesthetics. The motion was seconded by O'Brien and the motion passed 3-0. This item will go to full Council on April 1, 2008 under "Other Business". ADDED ITEM 6 - Bicycling and Transportation Master Plan: Mel Roberts, from the Kent Bicycle Advisory Board (KBAB) asked that the list of items he feels should be included in the Transportation Master Plan be looked at and addressed. Ranniger asked Charlene Anderson of Planning Services if Mel's comments could be entered into the record. Anderson said she would see that they are added. No Motion/Information Only Adiourned: The meeting was adjourned at 6:20 p.m. Cheryl Viseth Public Works Committee Secretary Page 2 of 2 1 PUBLIC WORKS COMMITTEE MINUTES FOR MARCH 31, 2008 j Committee Members Present: Committee Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5:04 p.m. iITEM 1 — Aoproval of the Minutes Dated March 17, 2008: Committee Member Raplee moved to approve the minutes of March 17, 2008. The motion was seconded by Harmon and passed 3-0. ITEM 2 —Consultant Contract/Re-Solve Gibbons & Riely, PLLC: 1 Larry Blanchard, Public Works Director asked that committee members approve hiring an appraiser to proceed with an appraisal for municipal purposes. Harmon moved to recommend authorization for the Mayor to sign the Re- Solve Gibbons & Riely, PLLC consultant contract, in the amount not to exceed $25,000.00 for preparation of an appraisal for municipal purposes by Anthony Gibbons, MIA, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 3 — Consultant Contract/Strickland, Heischman & Hoss, Inc: Larry Blanchard, Public Works Director asked that committee members approve ' hiring an appraiser to proceed with an appraisal for municipal purposes in the downtown area. Raplee moved to recommend authorization for the Mayor to sign the Strickland, Heischman & Hoss, Inc. consultant contract, in the amount not to exceed $25,000.00 for preparation of an appraisal for municipal I purposes, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. iITEM 4 — Consultant Contract/W & H Pacific/S. 228th Street BNSF Grade Separation: ' Tim LaPorte, Deputy Public Works Director explained that bridge construction requires specialized (structural) construction inspection that is outside of the current expertise of the Kent Construction Management work force. Staff feels i that it is in the best interest of the public to engage experts in the field of federally funded bridge projects in order to avoid any discrepancies that would jeopardize prompt reimbursement to the City. Also, Public Works Engineering does not have existing staff that have expertise in the bridge construction inspection since this is classified as a specialty field of engineering. 1 Page 1 of 2 2 ' PUBLIC WORKS COMMITTEE MINUTES FOR MARCH 31, 2008 Harmon moved to recommend authorization for the Mayor to sign the South 228t" Street/BNSF Grade Separation Construction Management Consultant Agreement with W & H Pacific, Inc., in the amount of $1,082,807.00, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ADDED ITEM 5 - Transit Now-Service Partnership Agreement with King County Metro Transit for Route 153 Enhancement: Cathy Mooney, Sr. Transportation Planner gave an informative PowerPoint presentation. She further explained that on November 7, 2006 the voters of King County passed the Transit Now Initiative to increase the sales tax for metro bus service and expand bus service in the County by 15 - 20% over the next 10 years. Cathy noted there is no effect to the City budget, the amount has already been approved in the 2008 budget. This is project #43 in the adopted 2008-2013 Six Year Transportation Improvement Program. Raplee move to recommend authorization for the Mayor to sign the Transit Service Direct Financial Partnership Agreement with King County Metro Transit and the City of Renton, in the amount of $72,310.89 per year for five years, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Adiourned: The meeting was adjourned at 5:23 p.m. Cheryl Viseth , Public Works Committee Secretary Page 2 of 2 i CONTINUED COMMUNICATIONS A. r r r r r r r r r iEXECUTIVE SESSION 1 rACTION AFTER EXECUTIVE SESSION i 1 r r 1 1 1 r 1 r 1 Ir r r