HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/06/2008 j
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City of Kent
CityCouncil Meeting
Agenda
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May 6, 2008
e m Mayor Suzette Cooke
Debbie Raplee, Council President
Councilmembers
i Elizabeth Albertson Bob O'Brien
Tim Clark Deborah Ranniger
Ron Harmon Les Thomas
KEN
WASHINGTON '
City Clerk's Office
KENT KENT CITY COUNCIL AGENDAS
W ASH 1 N G T 0 N
May 6, 2008
Council Chambers
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MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Deborah Ranniger Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Annexation Staff 60 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
i� 2. ROLL CALL
j 3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Tribute to Bob O'Brien
B. Public Recognition
C. Community Events
D Drinking Driver Task Force Design Contest Awards
�1 E. Police Department Memorial Event
i F. Neighborhood Councils Recognition
G. Employee of the Month
H. Proclamation - Letter Carrier's Food Drive
I. Proclamation - Elks National Youth Week
J. Proclamation - National Historic Preservation Month
K. Economic Development Update
L. Kent Events Center Update
Rk Lk
5. PUBLIC HEARINGS
None
(Continued)
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COUNCIL MEETING AGENDA CONTINUED
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Meridian Banks Preliminary Plat Appeal Ordinance - Adopt (Quasi-
Judicial)
D. Group Health Cooperative of Puget Sound Management Contract
Renewal - Authorize
E. Regional Fire Protection Service Authority Planning Committee -
Authorize
F. Fire Sprinkler System Installation and Fire Alarm System Upgrade
Agreement - Authorize
G. Pest Abatement Services Agreement - Authorize
H. Security Card Reader System Upgrade and Installation Agreement -
Authorize
I. Conflict Counsel Agreement - Authorize
J. Ka Boom Grant Agreement - Authorize
K. 1st Quarter Fee-in-Lieu Funds - Accept and Amend Budget
L. King Conservation Reimbursable Grant for Re Leaf 2007 - Accept and
Amend Budget
M. Rotary Club Donation for Senior Activity Center Fitness Room - Accept
and Amend Budget
N. Resolution for Application to Recreation and Conservation Office for
West Hill Park Development - Adopt
O. Resolution for Application to Recreation and Conservation Office for
Panther Lake Park Development - Adopt
P. Midway Subarea Planning, Interlocal Agreement - Approve and
Authorize
Q. Historic Preservation Nomination of Bereiter House - Resolution -
Adopt
R. Code Enforcement Process Improvements Ordinance - Adopt
S. Recognition of Canterbury & Highland Crossing Neighborhood Council -
Resolutions - Adopt
T. Bill of Sale, Canary Hill - Accept
U. Bill of Sale, Woodford Place - Accept
V. S. 2281h Street Grade Separation Public Works Trust Fund Loan -
Authorize
7. OTHER BUSINESS
A. Green River Levee Repair Easement Agreement
B. Design Contract for Riverbend Golf Course - Authorize
8. BIDS V
A. Earthworks Park Dam Improvements
B. S. 228th Street Grade Separation at Burlington Northern Santa Fe
Railroad Project
(Continued)
COUNCIL MEETING AGENDA CONTINUED
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
1 10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
I A. 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.
iAn 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.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
rB) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) TRIBUTE TO BOB O'BRIEN
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B) PUBLIC RECOGNITION
C) COMMUNITY EVENTS
D) DRINKING DRIVER TASK FORCE DESIGN CONTEST AWARDS
E) POLICE DEPARTMENT MEMORIAL EVENT
F) NEIGHBORHOOD COUNCILS RECOGNITION
G) EMPLOYEE OF THE MONTH
H) PROCLAMATION - LETTER CARRIER'S FOOD DRIVE
I) PROCLAMATION - ELKS NATIONAL YOUTH WEEK
J) PROCLAMATION - NATIONAL HISTORIC PRESERVATION MONTH
K) ECONOMIC DEVELOPMENT UPDATE
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L) KENT EVENTS CENTER UPDATE
M 6u ) u) A-5
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Kent City Council Meeting
Date May 6, 2008
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action: Q
rCouncilmember _moves, Councilmember
seconds to approve Con gent Calendar Items A through V.
PP 9
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Discussion
Action m C-�
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of April 15, 2008.
6B. Approval of Bills.
Approval of payment of the bills received through March 31 and paid on March 31
after auditing by the Operations Committee on April 15, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
3/31/08 Wire Transfers 3211-3227 $5,016,683.34
3/31/08 Regular 618662-619048 3,414,218.02
Void Checks ($2,480.00)
Use Tax Payable $ 953.40
$8,429,374.76
Approval of checks issued for payroll for March 16 through March 31 and paid on
April 4, 2008:
Date Check Numbers Amount
4/4/08 Checks 303862-304190 $ 236,889.48
4/4/08 Advices 228345-229073 $1,439,143.50
Total Regular Payroll $1,676,032.98
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Kent City Council Meeting
KENT
wash NcroN April 15, 2008
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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, Ranniger, Raplee and
Thomas. Councilmember O'Brien was excused from the meeting. (CFN-198)
1 CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Mayor Cooke added Public
Communications Item E, and advised that Bids Item A will be heard prior to Other
Business. Raplee added Consent Calendar Item M, an excused absence for
Councilmember O'Brien.
B. From the Public. (CFN-198) There were no comments from the audience.
PUBLIC COMMUNICATIONS
A. State Senator Claudia Kaufman. (CFN-198) Senator Kaufman gave an update
on issues affecting Kent, including funding for the Center for Advanced Manufacturing,
the HOPE center for at-risk youth, the Lucy Lopez Center, funding for arts and culture,
affordable housing, addressing foreclosures, and funding for law enforcement officers
and firefighters. She also spoke about expanding programs for the elderly, youth and
veterans.
B. Public Recognition. (CFN-198) Council President Raplee noted that Kent resident
Betty Page will be 100 years old on April 18, and wished her a happy birthday from the
City Council. Mayor Cooke introduced Boy Scout John Perko, of Troop 945, who is
working on his Citizenship in the Community merit badge. Mayor Cooke also noted that
the Police Department has received accreditation for law enforcement agencies.
C. Community Events. (CFN-198) Ranniger announced that April 26 is Arbor Day
and sought volunteers to plant trees and remove invasive plants at West Fenwick Park.
She also noted that the PGA Play Golf America Day is on April 19 at Riverbend Golf
Complex. Mayor Cooke commented on the Topping Out ceremony at the Kent Event
Center today.
` D. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics for
portions of March and April, and spoke about current recruitment, burglaries, and
connecting with the community.
E. Arbor Day Proclamation. (CFN-155) Mayor Cooke read a proclamation declaring
April 26 as Arbor Day in the City of Kent and presented the proclamation to Victoria
Andrews of the Parks Department.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through M. Clark seconded and
the motion carried.
1
Kent City Council Minutes April 15, 2008
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of
April 1, 2008, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through March 15 and
paid on March 15 after auditing by the Operations Committee on April 1, 2008, were
approved.
Approval of checks issued for vouchers:
Date 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
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
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.
C. Kent Downtown Partnership Consultant Agreement. (CFN-462) The Mayor '
was authorized to sign a consultant services agreement with Kent Downtown
Partnership in the amount of $33,600 for assessment in 2008.
D Police Records Management Servers Purchasing Agreement with Hewlett-
Packard. (CFN-1155) The Mayor was authorized to sign a purchase order with
Hewlett-Packard for four (4) servers to replace the current Police Records Management
Servers.
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Kent City Council Minutes April 15, 2008
E. Surplus Aerial Ladder. (CFN-239) The Fire Department was authorized to
surplus a 1991 Pierce Lance Aerial Ladder (apparatus 734 VIN#000445), and to
authorize that funds received from the sale be deposited into the facilities account for
fire maintenance shop renovations.
F. Goods and Services Contract for Portable Radios. (CFN-122) The Mayor was
authorized to sign the Goods and Services contract with Action Communications, Inc. in
' an amount not to exceed $490,000 for portable radios.
G. Re-Solve Gibbons & Riely, PLLC Real Estate Appraisal Consultant Contract.
1 (CFN-239) The Mayor was authorized to sign the Re-Solve Gibbons & Riely, PLLC,
consultant contract, in an amount not to exceed $25,000, for on 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.
1 H. Strickland Heischman & Hoss, Inc., Real Estate Appraisal Consultant
Contract. (CFN-1038) The Mayor was authorized 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.
I. W & H Pacific Inc. Agreement/S. 228th Street/BNSF Grade Separation.
(CFN-1269) The Mayor was authorized to sign the S 228`h Street/BNSF Grade
Separation Construction Management Consultant Agreement with 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.
1. Transit Now Service Partnership Agreement with King County Metro Transit
for Route 153 Enhancement. (CFN-253) The Mayor was authorized 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.
K. Criminal Code Amendment, Metal Theft and Possession of Vehicle Theft
Tools Ordinance. (CFN-122) Ordinance No. 3878 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 was adopted.
1 L. Lease Agreement with Rainier Pacific Management, LLC, for Police
Substation. (CFN-122) The Mayor was authorized 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.
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Kent City Council Minutes April 15, 2008 f
ADDED ITEM
M. Excused Absence. (CFN-198) An excused absence from tonight's meeting for
Councilmember O'Brien was approved.
BIDS
A. Unger Mill Creek Culvert Replacement at SE 264th Street. (CFN-1038)
Public Works Director Blanchard explained the project and noted that six responsive
bids were received. He said the lowest responsive and responsible bid for this project
was submitted by Pivetta Brothers Construction in the amount of $353,693 01, and
recommended that it be accepted. Ranniger moved to award the contract for Upper
Mill Creek Culvert Replacement at SE 264th Street project to Pivetta Brothers
Construction in the amount of $353,693.01 and to authorize the Mayor to sign the
contract and all other necessary documents. Raplee seconded. Blanchard noted for
Thomas that work will begin in approximately 30 days. The motion then carried.
OTHER BUSINESS
A. Meridian Banks Plat Appeal. (CFN-1316) The proposed plat is located at 25840
135th Lane S.E. The Hearing Examiner held public hearings on May 10, May 23, and
August 15, 2007. Findings, Conclusions and a Decision were issued by the Hearing
Examiner on October 15, 2007. The applicant filed a motion asking for reconsideration
of this Decision with the Hearing Examiner, who denied the motion and issued a
Decision on Request for Reconsideration on February 5, 2008.
City Attorney Brubaker stated that his participation in an advisory position to the
Council presents a potential conflict, and introduced Wayne Tanaka of Ogden Murphy
Wallace in Seattle, who will represent the Council. Mr. Tanaka explained the issue, and
the process and procedures for conducting the appeal. Upon Tanaka's question
regarding the appearance of fairness, Councilmember Albertson disclosed that she has
friends who live in the area but that they have been careful not to discuss this matter.
There were no disclosures from other Councilmembers, and no one in the audience
voiced a challenge Bill Williamson, attorney for the appellant, 701 5th Avenue, Seattle,
stated that they have no challenges.
Williamson began his arguments by stating that this is both a SEPA appeal and a plat
appeal, because the plat has been conditioned with SEPA impact mitigation require-
ments. He outlined the development history of the area and stated that there are other
properties which would be affected by how the City administers City Code Chapter
11.06. He said he believes that staff and the Hearing Examiner ignored the meaning of
an exemption, and contended that City policies recognized specific wetlands along the
shoreline edge of the lake as already being degraded. He said the wording regarding
restoration is "encouraged", not "shall", and said the City has a duty to enforce
Chapter 11.04.06. Williamson pointed out a boathouse on the property and explained
the history surrounding it. He disagreed with staff who said the boathouse must be
removed. He then spoke about wetlands, and said there is no authority to treat
wetland plants and floating vegetation as native wetlands merely because of the plat j
application. He pointed out that Mr. Floten was willing to dedicate over 4,000 sq. ft. to
mitigate any possible impacts to the urbanized degraded wetlands, but that staff
rejected that offer. He said the fact that six lots cannot be built on represents a taking
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Kent City Council Minutes April 15 2008
of property without just compensation, and asked the Council to research the
exemptions, grant the appeal and approve the plat without the SEPA condition.
Assistant City Attorney Kim Adams Pratt responded to Williamson's opening statement
by saying that there is no SEPA appeal to Council, only to the Hearing Examiner and
then on to Superior Court. She pointed out that a full copy of the staff report has been
available in the City Council Office for their review. She then explained that a lot can
be created if there is enough area to build a house on after taking the wetland and the
buffer into consideration, and that if there isn't, a lot cannot be created. She noted
that the applicant's view is that they do not have to take the wetlands and buffer into
' consideration because they're exempt, but that it is actually the activities that are
exempt She explained what the applicant proposes to do, and said it misconstrues the
meaning of the statute and will alter existing uses. She went on to discuss shoreline
' development regulations and why this development is not compatible She emphasized
that City staff needs a wetland delineation and information on what uses are proposed
from the applicant She discussed the Hearing Examiner's requirements and suggested
adding language providing that the fence shall include openings for any access routes
subsequently approved by the City per an approved wetland mitigation plan or wetland
buffer enhancement plan. She asked the Council to affirm the Hearing Examiner's
decision.
Williamson said if the exemptions are not enforced, the City will wind up with a park on
the property. Pratt clarified for Ranniger that the City would not actually own the
property, but would only have an easement. Williamson emphasized that Mr Floten
had a prior platted lot that existed at the time of application and he didn't lose that
status because of a plat application. He said that many areas identified for buildings
are in previously legally filled wetland areas. He noted for Harmon that Mr. Floten
acquired the property in 2005 or 2006.
Harmon moved to go to Executive Session to discuss the issue. Thomas seconded and
the motion carried. The Council recessed to the Council Office at 9:22 p.m. and
returned to the Council Chambers at 9:40 p.m.
Albertson moved to affirm the Hearing Examiner's Meridian Banks Preliminary Plat
Decision with the modification of Condition 9 to insert words allowing for passages in
the fence, and to 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. Clark seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
' B. Mayor. (CFN-198) The Mayor invited Council and staff to attend the SCATBd
meeting next month at which the Transportation Benefit District, the Metro Transit
1 20/40/40 funding split, and Sound Transit will be discussed.
C. Operations Committee. (CFN-198) No report was given.
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Kent City Council Minutes April 15, 2008
D. Parks and Human Services Committee. (CFN-198) No report was given.
E. Planning and Economic Development Committee. (CFN-198) Albertson noted
that the committee is studying a cottage housing ordinance.
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be held on Tuesday, May 13, at 5:00 p.m.
G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will t
be held on April 21.
H. Administration. (CFN-198) CAO Hodgson noted that at the workshop on May 6,
information regarding the Panther Lake Annexation will be presented, and that
recommendations regarding the Aquatic Center will be provided later this month. He
said labor negotiations and four items of property negotiations will be discussed during
the Executive Session, and that action will be taken when the meeting reconvenes. He
said the Executive Session will take approximately 30 minutes.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 9:50 p.m. and reconvened at 10:15.
ACTION AFTER EXECUTIVE SESSION
Labor Negotiations. (CFN-122) Clark moved to authorize the Mayor to sign a three-
year, eight-month labor agreement with the Kent Police Officers Association, Captains
and Lieutenants bargaining unit, effective May 1, 2008 to December 31, 2011, subject
to approval as to form by the City Attorney's Office, and to adjust the budget
accordingly. Harmon seconded and the motion carried.
Lane Property Acguisition. (CFN-239) Public Works Director Blanchard outlined the
location, price and use of the property. Ranniger moved to authorize the purchase of
property located at 26106 SE Kent-Kangley Road for $265,000, and to authorize the
Mayor to sign the Purchase and Sale Agreement and all other necessary documents to
purchase the property, subject to final terms and conditions acceptable to the Public
Works Director and the City Attorney. Harmon seconded and the motion carried.
Property Negotiations. (CFN-1038) Blanchard explained this project and recom-
mended acceptance of the easement. Ranniger moved to authorize the Mayor to
accept a 40-foot Water Transmission Main Easement from KRG Four Corners Square,
LLC, on the proposed Four Corners Square project located in the City of Maple Valley,
subject to final terms and conditions acceptable to the City Attorney and the Public
Works Director. Harmon seconded and the motion carried.
ADJOURNMENT ,
The meeting adjourned at 10:21 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
6
■ Kent City Council Meeting
Date May 6, 2008
1 Category Consent Calendar - 6C
1. SUBJECT: MERIDIAN BANKS PRELIMINARY PLAT APPEAL ORDINANCE -
IADOPT (QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: Adopt Ordinance No. , which denies the
Meridian Banks Preliminary Plat Appeal and adopts the Hearing Examiner's
October 15, 2007, Findings, Conclusions, and Decision, subject to one
modification that allows possible access to the lake and any pre-existing docks by
residents and their guests.
On April 15, 2008, the Council heard a closed record appeal of the Meridian Banks
preliminary plat. After consideration of the record and the argument presented at
the appeal hearing, Council voted to pass an ordinance affirming the Hearing
Examiner's Findings, Conclusions and Decision with one modification.
The proposed plat is located at 25840 1351h Lane Southeast. The Kent Hearing
Examiner held a public hearing for the plat application 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 Reconsidera-
tion on February 5, 2008. The current appeal was filed with Council on
February 13, 2008.
This ordinance denies the appeal and adopts the Findings, Conclusions, and
Decision of the Hearing Examiner with the exception of one modification regarding
fencing along a wetland buffer.
3. EXHIBITS: Ordinance
t4. RECOMMENDED BY: Council
(Committee, Staff, Examiner, Commission, etc.)
r5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
LDISCUSSION:
ACTION:
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IORDINANCE NO.
rAN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land use,
1 specifically the preliminary plat of approximately
6.32 acres of property located at 25840 1351h Lane
Southeast. (Meridian Banks Preliminary Plat, SU-
2005-11).
RECITALS
A. An application was filed on August 29, 2005, to subdivide
approximately 6.32 acres of property located at 25840 1351h Lane
ISoutheast (the "Property") into 27 single family lots. (SU-2005-11).
B. An open record hearing on the preliminary plat was held
before the hearing examiner on May 10, 2007; May 23, 2007, and August
I 151 2007. On October 15, 2007, the hearing examiner issued his "Findings,
Conclusions and Decision," approving the preliminary plat, subject to
certain conditions, attached as Exhibit A.
C. The applicant filed a motion to reconsider which was denied by
the Hearing Examiner in a written decision dated February 5, 2008.
D. On February 13, 2008, the applicant filed an appeal of certain
provisions of the Hearing Examiner's decision.
E. The appeal was heard by the Kent City Council on April, 15,
I2008. Prior to the appeal hearing, the Council was provided with the
{WDT693174 DOC,1/00085 150004/} 1 Meridian Banks
Preliminary Plat Appeal
complete record before the Hearing Examiner, the transcript of the hearing,
and the briefs submitted by the applicant and the City. Both the applicant,
represented by his attorney, and the city, represented by the assistant city
attorney, made oral arguments and answered questions by the Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: t
ORDINANCE
SECTION 1. - Appeal Dented. The City Council finds that none of
the procedural or factual bases for the appeal have been established and
finds there has been no substantial error. Therefore, the City Council denies
the appeal and adopts the Hearing Examiner's Findings, Conclusions and
Decision dated October 15, 2007, subject to one modification. Condition
A(9) set forth on page 31 of the Hearing Examiner's decision is modified to
read as follows:
After construction, the wetland and/or stream and their
associated buffer areas shall be isolated from intrusion by
installing a split-rail cedar fence around the entire buffer
edge. Provided, however, that the fence shall include
openings for any access routes subsequently approved by
the City per an approved Wetland Mitigation Plan and/or
Wetland Buffer Enhancement Plan. In addition, sensitive
area information signs (available from the Department of
Public Works for $7.50 each) shall be placed at the buffer
edge to inform and educate owners and nearby residence
about the value of the sensitive areas.
This modification is necessary to allow possible access to the lake and any
preexisting docks by residents and their guests. The modification is based '
upon testimony of Ms. Fehringer that under the Kent City Code, access to
the docks and lake may be allowed once a wetland delineation has been '
submitted and approved. See KCC 11.06.600 and 11.06.610.
{WDT693174 DOC,1/00085 150004/� 2 Meridian Banks
Preliminary Plat Appeal
SECTION 2. - Severability. If any one or more sections, sub-
sections, or sentences of this ordinance are held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and
' be in force five (5) days from and after its publication as provided by law.
1
SUZETTE COOKE, MAYOR
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ATTEST:
1 BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
Wayne Tanaka, Special Counsel to the City Council
PASSED: day of , 2008.
APPROVED: day of , 2008.
PUBLISHED: day of , 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
G\C1vA0rdinance\Me1d1anB nks Pr Ift wyalaNapeal OM
(WDT693174 DOC,1/00085 150004/) 3 Meridian Banks
Preliminary Plat Appeal
BEFORE THE HEARING EXAMINER
OF THE CITY OF KENT
IN RE: ) No. SU-2005-11
KIVA #RPP3-2053169
MERIDIAN BANKS )
APPLICATIONS & APPEALS )
Ted Nixon, CNA Architects )
For Bill Floten )
Part IV —Meridian Banks ) FINDINGS, CONCLUSIONS AND
Preliminary Plat Application ) DECISION
BACKGROUND'
IOn June 30, 2005, property owner Bill Floten submitted a rezone application requesting a
change from SR-4.5 Single Family Residential to SR-6 Single Family Residential on
approximately 6.32 acres located adjacent to Lake Meridian at 25840 135"' Lane SE. Exhibit
C-1. On August 29, 2005, Architect Ted Nixon submitted, on behalf of Bill Floten, an
application to subdivide the same property into 27 single-family residential lots. The property
' owner and Mr. Nixon are hereafter referred to as "Applicants". Exhibit CK-76.
On November 8, 2005, the City requested that the Applicants provide a wetland delineation for
the property as part of its environmental review of the preliminary plat application. Exhibit CK-
12. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS)
on the rezone, but not on the preliminary plat. Exhibit C-7. On December 16, 2005, James
Helm appealed the DNS on the rezone to the Hearing Examiner (ExhibitA-7) and on February
1 and 15, 2006, the Hearing Examiner held consolidated SEPA appeal/rezone hearings. On
March 15, 2006, the Hearing Examiner issued a decision granting the appeal of the DNS and
remanding the rezone to the City for review of environmental impacts concurrent with
preliminary plat application and for review with respect to wetlands, storm drainage, and
traffic. Hearing Examiner's Decision, Meridian Banks, #AP 2005-51 #RZ 2005-7 (March 15,
2006).
On June 14, 2006, the Applicants submitted a critical areas assessment and delineation
prepared by Chad Armour, LLC, in response to the City's request for additional information on
' ' Exhibit numbers are inserted in the background statement for reference by the reader. However,the Background statement
is not considered part of the Findings of the Hearing Examiner.
Findings, conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
rPage 1 of32 EXHIBIT
the preliminary plat application. Exhibit CK-3. The City did not approve this submittal and
requested a revised delineation report. The Applicants submitted a "supplemental wetland
assessment information" prepared by Habitat Technologies on October 23, 2006. Exhibit CK-
24. The City conducted its own wetland review including a site visit. Exhibit CK-28. On
November 17, 2006, the City issued a final administrative decision, finding that Category 2 ,
wetlands exist and required the Applicants to correct the delineation boundaries. As a final
critical area resource administrative decision, the City's decision was appealable under Chapter
11.06 KCC to the Hearing Examiner. Exhibit CK-30. On December 1, 2006, the Applicants
appealed the City's administrative decision to the Hearing Examiner. Exhibit M-I5.
On January 19, 2007, the City determined that, with conditions, the rezone and preliminary ■
plat proposals together would not have a probable significant adverse impact on the ■
environment. The City issued a Mitigated Determination of Nonsignificance (MDNS) with
seven mitigation conditions. Exhibit B-10. On February 2, 2007, Bill Floten and Ted Nixon ,
appealed all the MDNS conditions. The Appellants and the City agreed that the issues raised in
the appeal of the administrative decision would be addressed as part of the SEPA appeal. The '
Hearing Examiner issued an order dismissing the appeal of the administrative decision on May
22, 2007. On Feb. 16, 2007, Sharon Bosse appealed the MDNS conditions regarding wetland
delineation and storm drainage.
The applications and appeals were referred to the Hearing Examiner for hearing and decisions.
Following hearings on each of the appeals and applications, the Hearing Examiner now issues '
a four-part decision related to the Meridian Banks proposal. Part I is the decision on the
Applicants' Appeal of the SEPA Threshold Determination; Part II is the decision on Appellant
Bosse's Appeal of the SEPA Threshold Determination; Part III is the recommendation of the
Hearing Examiner on the rezone application; and Part IV is the Hearing Examiner decision on
the preliminary plat application. Attachment A is the Exhibit List; Attachment B is a Pleadings
and Hearing Examiner Orders List; Attachment C is a chronology of the rezone, preliminary
plat and appeals.
SUMMARY OF RECORD '
Hearing:
The City of Kent Hearing Examiner held an open record hearing on the consolidated SEPA
appeals/rezone/plat application on May 10, 2007, May 23, 2007 and August 15, 2007. This
preliminary plat decision is Part IV of a four-part decision. At the request of the Hearing
Examiner for additional time to decide these matters, and by agreement of all parties, the ,
decisions are issued simultaneously on October 15. '
Findings, Conclusions and Decision
Gty of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, iQVA #RPP3-2053169
Page 2 of 32
Testimony:
The following individuals presented testimony under oath:
Lydia Moorehead, City Planner
1 Mike Gillespie, Development Engineering Manager, City Public Works
Department
Beth Tan, PE, City Public Works
Larry Blanchard, City Public Works Director
Teresa Vanderburg, ESA Adolfson, Wetland Scientist, for City
Erin Fehringer, City Environmental Engineer
Ted Nixon, Preliminary Plat Applicants Representative
Bill Floten, Rezone Applicants and Property Owner
' Thomas Deming, Habitat Technologies, Wetland Biologist, for Applicants
Christopher Brown, Transportation Engineer, for Applicants
Paul Nitardy, Cramer Northwest, PE, for Applicants
James Tuntland
Michelle McDowell
Sally McDonough
' Linda Johnson
Patricia Sjoiln
Attorney Bill Williamson represented the Applicants/Appellants Bill Floten and Ted Nixon.
Attorney Jamie Danielson represented Appellant Sharon Bosse. Attorney Kim Adams Pratt
represented the City.
Exhibits:
1 The exhibits identified in Exhibit A were admitted into the record during the open record
hearings on the consolidated applications and appeals. See Exhibit A.
The Hearing Examiner enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearings:
FINDINGS
Procedural
1. Bill Floten, property owner, submitted a rezone request on June 30, 2005, to change the
zoning from SR-4.5 Single Family Residential to SR-6 Single Family Residential on a 6.3
acre parce12 located at 25480 135h Lane SE on the shoreline of Lake Meridian in Kent,
z The plat application and preliminary plat map submitted August 29, 20D5, describes the property as measuring 5.8 acres.
Exhibit CK-40. The King County GIs tax parcel information describes the property as measuring 275,299 square feet, or 6 32
acres. The staff reports prepared by the City of Kent describe the property as measuring 6.3 acres. Exhibit CK-62, Staff
Report,page 2;Exhibit CK-63, Exhibit CK-64.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks PartN, Preliminary Plat
No.SU-2005-11, KNA #RPP3-2053169
Page 3 of 32
Washington.3 Ted Nixon on behalf of CNA Architects filed a preliminary plat application on
August 29, 2005, to subdivide this parcel and create 27 single-family residential lots with a
U-shaped road curving through the property. (Mr. Floten and Mr. Nixon are collectively '
referred to as 'Applicants.) The 19 existing residential units and associated outbuildings
would be removed. CK-40; Exhibit CK-62, Staff Report, pages 1 and 2; Exhibit CK-64; ,
Exhibit CK-76; Exhibit GI.
2. The City of Kent (City) provided notice of the plat application on October 17, 2005 by '
mailing to parties of record, posting notice on-site and publishing notice in the King County
Journal. Exhibit CK-47; Exhibit CK-62, Staff Report, page 7. Although the City determined
that the preliminary plat application was complete on September 23, 2005 (Exhibit CK-41-),
the City had not completed its environmental review of the preliminary plat application by
that date. Hearing Examiner's Decision, Meridian Banks, #AP 2005-51 #RZ 2005-7(March
15, 2006), Finding 5. According to the City's letter, "This determination of completeness
does not preclude the City from requesting additional information or studies if new
information is required or where there are substantial changes in the proposal." Exhibit CK-
47. In response to public comments, the City visited the property and determined that ,
there may be wetlands on-site. On November 8, 2005, the City requested that the
Applicants provide a wetland delineation for the property (Exhibit CK-12) and on November
18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS) on the rezone
application, but not on the preliminary plat. Exhibit C-7.
3. On December 16, 2005, James Helm appealed the DNS on the rezone. After a
consolidated hearing on the rezone and SEPA appeal, the Hearing Examiner issued a
decision on March 15, 2006 granting the appeal of the DNS and remanding the rezone to '
the city to review the any rezone environmental impacts concurrent with the preliminary
plat application and for further review with respect to wetlands, storm drainage, and traffic.
Hearing Examiner's Decision, Meridian Banks, #AP 2005-51#RZ 2005-7(March 15, 2006). '
4. The City and the Applicants corresponded for several months regarding wetland boundaries
and status. See, e.g., Exhibit CK-21; Exhibit CK-22; Exhibit CK-23; Exhibit CK-24; Exhibit
CK-25. On June 14, 2006, the Applicants submitted a critical areas assessment and
delineation prepared by Chad Armour, LLC, in response to the City's request for additional
information on the preliminary plat application. Exhibit CK-3. The City did not approve this
submittal, but requested a revised delineation report. The Applicants submitted a
"supplemental wetland assessment information" prepared by Habitat Technologies on ,
3 The property is identified by King County tax parcel number 2722059164. Exhibit CK-62, Staff Report,page 2; Exhibit CK-
76. A legal description of the property is included on the preliminary plat map and in the Cascade Sewer Easement. Exhibit
CK-40;Exhibit M-53. ,
Findings, Conclusion and Decision l
City of Kent Hearing Examiner
Meridian Banks Part 1V Preliminary Plat
No.SU-2005-11, KIVA #RPP3-2053169
Page 4 of32
October 23, 2006. Exhibit CK-24. The City conducted its own wetland review, including a
1 site visit. Exhibit CK-28.
5. On November 17, 2006, the City issued a final administrative decision under KCC
11.06.590.134 requiring that the Habitat Technologies wetland delineation be revised as set
out in the City's final decisions which Is paraphrased as follows:
1) The Habitat Technologies northern wetland delineation boundary shall be extended to
reflect the northern wetland boundary found in the Chad Armour delineation.
2) The Habitat Technologies delineation boundaries shall be revised to show that both
on-site and off-site lacustrine wetland areas extend all the way to the shoreline.
3) The Habitat Technologies delineation boundaries shall be revised to show a small
scrub-shrub area to the east of the property boundary, and a palustrine emergent
portion of wetlands to the west of the property boundary.
4) The Habitat Technologies delineation shall be revised to designate the wetland as
Category 2, because it contains three wetland classes, as concluded by the Chad
Armour delineation. A wetland greater than 1 acre is also a Category 2 wetland. With
the extension of the wetland boundary to the north, the actual lacustrine wetland
areas, and the off-site areas, the City finds that the entire wetland unit appears to be
greater than 1 acre in size. A professional survey shall be conducted of the revised
wetland boundaries to determine the wetland size.
5) The Habitat Technologies Department of Ecology Wetland Rating System form shall
be corrected to show a Water Quality Functions score of 18 points, a functions score
of 36, and a designation of Category III under the Department of Ecology Rating
System.
6) The Habitat Technologies delineation discussion of wetland functions and values shall
be revised to reflect the wetland delineation verified by the City.
7) The Habitat Technologies delineation shall be revised based on a professional survey
of the wetland boundaries to determine the actual area of the entire wetland unit.
Exhibit CK-30.
6. As a final critical area resource administrative decision, the City's decision was appealable
under Chapter 11.06 KCC. Exhibit CK-30. On December 1, 2006, the Applicants appealed
the City's administrative decision to the Hearing Examiner. Exhibit M-15.
4"Where the applicant has provided a delineation of the wetland boundary, the department shall verify the accuracy of, and
may render adjustments to, the boundary delineation. The decision of the department may only be appealed pursuant to
procedures outlined in this chapter." KCC 11.06.590.E
' S The City's final decision was accompanied by a sketch for illustration purposes of the additional wetland areas to be added.
Exhibit M-26.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No.5U-2005-11, KIVA #RPP3-2053169
Page 5 of 32
7. In order to continue the environmental review process and issue a SEPA Threshold
Determination, the City requested confirmation from the Applicants that no further
environmental information would be provided. Exhibit CK-29; Exhibit CK-31. On December '
15, 2006, the Applicants confirmed that no further environmental information would be
provided, and requested that the City complete SEPA review and set a hearing date for the '
Applicants' appeal of the City's November 17, 2006, administrative decision. Exhibit CK-55.
The City issued a Mitigated Determination of Nonsignificance (MDNS) with seven mitigation
conditions on January 19, 2007. Exhibit B-10. The MDNS was appealed by the Applicants '
and separately by Sharon Bosse (Appellant Bosse), and the SEPA appeals were
consolidated with the open record hearing on the preliminary plat application. After
multiple continuances agreed to by all parties, the first consolidated open record hearing
was held on May 10, 2007. See Administrative Appeal Pre-Hearing Order of December
2006, Administrative Appeal Order Granting Stay, January 3, 2007, Administrative Appeal
Pre-Hearing Order of February 2007, setting hearing date of April 4, 2007; SEPA Appeal ,
Pre-Hearing Order of February 26, 2007, setting hearing date of April 18, 2007, Pre-
Hearing Order Revising Date, March 7, 2007; Pre-Hearing Order Revising Date, March 20, ,
2007.
8. Near the conclusion of the May 23 hearing, the Applicants submitted a revised preliminary '
plat site plan depicting a native plant area evaluation along Lake Meridian and voluntary
shoreline restoration plan. Exhibit CK-74; Exhibit CK-75; Exhibit M-69; Exhibit M-73. The
City requested 60 days to review and respond to the revised plat and new shoreline '
restoration plan. A consolidated hearing on the revised plat submittal was initially
scheduled for July 25, 2007, but was re-scheduled to August 15, 2007 at the Applicants'
request. See Order of Continuance, July 13, 2007 '
9. The City provided notice of the consolidated open record hearing associated with the
applications and appeals by posting notice on the subject property and mailing notice to all '
owners of property within 300 feet of the subject property on April 27, 2007. The City
published notice of the hearing in the Kent Reporter in compliance with City ordinances.
Exhibit CK-62, Staff Report, Page 7; Exhibit CK-70; Exhibit CK-71. '
Comprehensive Plan Desicination and Zoning District Standards
10.The Comprehensive Plan Land Use Map designates the property as SF-6, Single Family '
Residential, allowing for six dwelling units per acre. The property is located within an
Urban Growth Area. City of Kent Comprehensive Plan Land Use Element(2004), Land Use '
Map Figure 4.8, page 4-55,6 Exhibit CK-62, Staff Report, pages 2 and 3. The
6 The preliminary plat application was filed prior to the 2006 Comprehensive Plan Land Use Element revision. However, the
2006 revision did not alter the SF-6 designation of the subject property and surrounding properties under the 2004
comprehensive Plan Land Use Map. City Comprehensive Plan Land Use Element(revised May 2006), Land Use Map, Figure
4.7,page 4-53. '
Findings, Conclusions and Decision l
City of Kent Hearing Examiner
Meridian Banks Part Iv, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 6 of 32
Comprehensive Plan describes the Land Use Element as having "the central role of defining
the direction of the Comprehensive Plan, and thereby defining the vision of the
' community." City Comprehensive Plan, Land Use Element, page 4-2. The Land Use
Element contains goals and policies to ensure sufficient land to meet housing targets,
' encourage a variety of housing types within close proximity to employment and shopping,
and promote increased community interaction. In addition, Land Use goals and policies
protect natural resources and critical areas by regulating development to prevent harm to,
preserve, and enhance critical areas; requiring that developers provide the City with
accurate and valid site-specific environmental information; protecting wetlands as
' ecosystems; and promoting the creation and preservation of natural corridors adjacent to
City streams and wetlands, to provide fish and wildlife habitat, open space, and passive
recreation. Housing Element goals and policies promote home ownership by preserving
and enhancing existing neighborhoods; encouraging a variety of housing styles and site
designs; ensuring that a sufficient amount of land is appropriately zoned for current and
projected housing needs; and requiring development to provide a fair share of on-site and
' off-site Improvements. Transportation Element goals and policies ensure sufficient capacity
through the coordination of development and transportation plans.' City Comprehensive
Plan, Land Use Element(2004), pages 4-28, 4-34, 4-35, 4-50 — 4-53; Comprehensive Plan,
Housing Element (2004), pages 6-11 — 6-14; Comprehensive Plan, Transportation Element
(2004), page 9-40; Exhibit CK-62, pages 8 — 12.
11. The property is currently zoned SR-4.5, Single Family Residential, allowing 4.53 dwelling
units per acre. The property owner, Bill Floten, submitted a request to rezone the property
from SR-4.5 to SR-6, allowing 6.05 dwelling units per acre. Exhibit CK-62, Staff Report,
' pages 2, 3, 18, 22; Exhibit CK-64, Exhibit C-1.
12. Properties to the north and east of the subject property are zoned SR-4.5, designated as
' SF-6 In the Comprehensive Plan, and are developed with predominately single-family
residences and some multifamily development. Property to the west is zoned MHP, Mobile
' Home Park, and designated as such by the Comprehensive Plan Land Use Map. The
subject property is bordered to the south by Lake Meridian. Lake Meridian is a 150 acre
lake, developed as a primarily residential lakefront community. The lake offers active
recreational opportunities such as pleasure boating, water-skiing, swimming, and fishing as
well as float plane usage. City Comprehensive Plan Land Use Element (2004), Land Use
Map page 4-55; Kent Shoreline Master Program, Sec 1.3, page 4; Exhibit CK-62, page 2.
' 7 The City identified the following Comprehensive Plan goals and policies as particularly relevant to the proposed plat: Land
Use Goals LU-9, LU-10, LU-26, and LU-28; Land Use Policies LU-1.1, LU-9 1, LU-9.4, LU-10.4, LU-25.2, LU-25.3, LU-25.5, LU-
26.1, LU-26.2, LU-28.1, and LU-28 2; Housing Goals H-2, H-5, and H-7; Housing Policies H-2.3, H-25, H-5.1, H-5.2, and H-5.3;
and Transportation Goal TR-1 and Policy TR-1.2. Exhibit CK-62,pages 8—12.
' Findings, Conclusions and Decision
Gty of Kent Hearing Examiner
Meridian Banks Part IV, Prelrmmary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 7 of 32
13. If the rezone request is approved, the property would be developed under the SR-6 zoning
standards. Lot standards applicable to development in the SR-6 zone include a minimum
lot size of 5,700 square feet and a minimum lot width of 50 feet. Under the SR-4.5 zone '
currently in effect on the northern parcel, the Kent City Code (KCC) requires minimum lot
sizes of 7,600 square feet and lot width of 50 feet. KCC 15.04.170. The lots proposed by
the Applicants range in size from 5,708 square feet to 13,337 square feet. The proposed
development of 27 lots on 6.3 acres would result in a gross density of 4.28 dwelling units
per acre. Lydia Moorehead, City Planner, testified that if the City Council denies the rezone ,
request, the Applicants would need to reconfigure the preliminary plat to comply with the
SR-4.5 zone standards. The rezone request is addressed in a separate recommendation.
See Recommendation of Hearing Examiner, Meridian Banks, Part III, Rezone File No. RZ- '
2005-7 (KIVA# 2052281). Exhibit CK-62, Staff Report, pages 2, 10, 12, 18, and 22;
Testimony of Ms. Moorehead.
Environmental Characteristics and Wetlands
14.The property slopes down toward Lake Meridian along the southern property line, with an
approximately 12 percent grade. There is an easement along the western property line. '
An easement along the southern property boundary contains an existing sewer pipe.
There are deciduous and evergreen trees located on the property, which would likely be
removed with plat development. The City requires retention of all trees over six-inch '
caliper to the maximum extent possible. Prior to issuance of building permits, the
Applicants would submit an approved tree plan depicting trees to be removed and to be
retained. KCC 15.08.240; CK-40; CK-62, Staff Report, page 4.
15. After visiting the property, the City determined that there are wetlands on the property '
extending along the lakefront. The Applicants submitted to the City a Chad Armour, LLC
critical areas assessment and delineation on June 14, 2006 and a Habitat Technologies
supplemental wetland assessment information on October 23, 2006. The City marked the '
Chad Armour, LL document as "NOT APPROVED" on July 19, 2006 and requested revisions
to the Habitat Technologies submittal, including expansion of the wetland delineation
boundary and designation as a Category 2 wetland with 50 foot-wide buffers. The
Mitigated Determination of Nonsignificance (MDNS) issued by the City includes a condition
requiring the Applicants to submit a wetland delineation in compliance with Chapter 11.06
KCC. The MDNS condition and wetland status are discussed more fully in the SEPA Appeal '
decisions. See Decision of the Hearing Examiner, Meridian Banks, Parts I and II. Exhibit
CK-2. Exhibit CK-3; Exhibit CK-4, Exhibit CK-5. Exhibit CK-9, Exhibit CK-10. Exhibit CK-11; '
Exhibit CK-12, Exhibit CK-19; Exhibit CK-23; Exhibit CK-28; Exhibit CK-30; Exhibit B-10.
Stormwater Drainage '
16. Cramer Northwest, Inc. prepared a Preliminary Technical Information Report on behalf of
the Applicants, dated August 4, 2005 and revised May 16, 2006. No existing drainage
problems were identified. The Applicants propose construction of an underground
Findings, conclusions and DeCISIDn
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 8 of 32
combined detention/wet vault, to be located within a separate Tract A in an easement
along the western property boundary. The report states that water quality treatment
would be provided as follows: "After the runoff has been detained it will be treated and
released at the appropriate rates to a flow splitter that will route the water quality storm
' (on-site only) through a leaf compost filter prior to being conveyed to Lake Meridian. . . .
The water quality portion of the vault has been designed to also treat the nearly 18 acres
of upstream runoff that is conveyed through the proposed location of the vault." Exhibit
CK-38, Exhibit CK-39, Project Overview, Exhibit CK-44.
17. Paul Nitardy, P.E., testified on behalf of the Applicants regarding the proposed stormwater
system design at the preliminary plat portion of the May 10, 2007 hearing. Mr. Nitardy
testified that development of the proposed plat would result in increased stormwater
runoff, which would be directed to a detention vault for controlled release. Mr. Nitardy
testified that the proposed detention vault was designed to provide water quality treatment
to the nearly 18 acres of upstream area. At the May 10 hearing, Beth Tan, P.E., City Public
Works Department, testified for the City that the stormwater proposal is still under review.
She testified that the City would likely approve the proposed stormwater system with
conditions, including requiring compliance with recommendations in the geotechnical
' report.g Mike Gillespie, Development Engineering Manager, City Public Works Department,
testified at the May 23, 2007 hearing that the Applicants would be required to provide an
alternate stormwater runoff route during construction. In response to a public comment at
i the May 23 hearing, Applicant Ted Nixon testified that there would be sufficient space
within the Cascade Sewer and Water easement to construct the proposed vault. Mr. Nixon
confirmed that the vault would be located in a separate tract. Testimony of Mr. Nitardy;
' Testimony of Ms. Tan, Testimony of Mr. Gillespie; Testimony of Mr. Nixon.
18.The combination detention/wet vault would be constructed to Level 2 flow standards
pursuant to the 2002 City of Kent Surface Water Design Manual (CKSWDM) and the 1998
King County Surface Water Design Manual. Sharon Bosse asserted that the proposed
' underground vault is prohibited by CKSWDM standards. She submitted an excerpt from
the 2002 CKSWDM Section 1.2 Core Requirements, which states that "Underground vaults
or tanks shall not be permitted to meet detention requirements for ... 2) all residential
developments. In addition, underground vaults or tanks shall not be permitted for
redevelopments where there is an existing pond or where there is area available for an
open pond, regardless of the size of the parcel area for the proposed redevelopment." The
City responded that the 2002 CKSWDM authorizes the Public Works Department to grant
adjustments to drainage requirements when the adjustments will "1. Produce a
compensating or comparable result that is in the public interest, and 2. Meet the objectives
s Testimony and exhibits regarding the proposed stormwater detention facilities refer to the Bergquist geotechmcal report.
However, the Bergqust geotechmcal report was not provided to the Hearing Examiner. See, e.g., Exhibit CK-51.
Findings, Conclusions and Deasion
City of Kent Hearing Examiner
Meridian Banks Part Iv, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-1053169
Page 9 of 32
i
of safety, function, appearance, environmental protection, and maintainability based on '
sound engineering judgment." Exhibit CK-34; Exhibit CK-35; Exhibit B-2.
19.The City determined that the Conceptual Drainage Plan received December 8, 2006 '
adequately addressed the City's stormwater concerns. The City approved the requested
adjustment of stormwater detention requirements with conditions ensuring that the ,
proposed underground vault would provide water quality treatment for the upstream
drainage area; would implement recommendations included in the Bergquist Engineering ,
Services geotechnical report; and would be set back a minimum of five feet from the
western property line. The Applicants would provide a temporary erosion and
sedimentation plan to minimize sediment in runoff during construction. Exhibit CK-38; '
Exhibit CK-39, Task 5, Exhibit CK-44, Exhibit CK-51, Exhibit CK-56, Exhibit CK-62, Staff
Report, pages 6, 7, 15, 20.
Traffic, Streets, and Transit
20.The Applicants propose construction of a new private "U"-shaped road through the plat,
connecting to SE 258th Street at both ends. SE 258th Street extends east/west for '
approximately one block along the property's northern boundary, connecting 135th Avenue
SE and 136th Avenue SE. The paved portion of SE 258th Street does not extend across the
full property line. 135th Avenue SE extends north of SE 258th Street, connecting the
property with SE 256th Street. The City classifies both SE 258th Street and 135th Avenue SE
as Residential Streets within the City Comprehensive Plan. The City identified both streets ,
as lacking In improvements; in need of an asphalt overlay/rebuild; and featuring
substandard pedestrian facilities. Exhibit CK-40, Exhibit CK-62, Staff Report, pages 5 and
6. '
21.The City determined that development of the proposed plat would result in 8 new PM peak
hour trips.9 The City identified five intersections that would be impacted by the proposal
with "significant and/or additional congestion": SE 256th Street/132nd Avenue SE, SE 256th
Street/124th Avenue SE, SE 256th Street/116th Avenue SE, 116th Avenue SE/Kent-Kangley
Road, and 132nd Avenue SE/Kent-Kangley Road. Exhibit CK-62, Staff Report, pages 5 and
6.
22. Christopher Brown testified at the May 10, 2007 hearing that he prepared a Traffic Impact
Study (TIS) on behalf of the Applicants, as described in his memo dated February 1, 2007.
Mr. Brown testified that he provided the Applicants with the one-page memo summarizing
the TIS, but did not submit either the TIS or memo directly to the City. At the May 10 and
May 23 hearings, Mr. Gillespie testified that the City did not receive a TIS from the
9 The Environmental Review Report states that the development would add an estimated 90 daily and 9 PM peak hour trips. '
Exhibit M-18, page 6. The City staff Report states that when fully developed the proposed plat would result in 80 additional
daily and 8 new PM peak hour trips. Exhibit CK-62, Staff Report, pages 12 and 22. In his testimony on May 23, 2007, Mr.
Gillespie confirmed that development of the proposed plat would add eight new homes. Testimony of Mr. Gillespie.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 10 of 32 '
Applicants through throw h the plat application process, although the City acknowledged that the
' TIS memo was included with the Applicants' SEPA Appeal. Mr. Gillespie testified that he
would need to review the TIS before he could express any opinion on potential traffic
impacts. Exhibit M-18, pages 6 and 7; Testimony of Mr. Brown; Testimony of Mr. Gillespie.
23.The City detailed potential conditions of plat approval in its tentative plat letter dated July
11, 2005, including off-site street improvements along 135th Avenue SE; construction of SE
' 258th Street frontage improvements to City Residential Street standards; and construction
of the new private residential streets to Private Residential Street standards. At the May
10, 2007 hearing, the Applicants' Attorney Bill Williamson stated that the Applicants would
pay traffic mitigation fees as required by MDNS Condition Nq. 1, and would construct street
frontage improvements to the end of SE 258th Street, extending SE 258th Street to the
' property's northeast corner. At the August 15, 2007 hearing, Mr. Floten testified that the
Applicants agreed to construct half-street improvements along SE 258th Street and a
student walkway along 135th Avenue SE. Mr. Floten testified that the Applicants objected
to additional street improvement requirements along 135th Avenue SE. Exhibit M-17;
Exhibit CK-62, Staff Report, pages S and 6; Testimony of Mr. Floten; Statement of Mr.
Williamson.
24.The King County Department of Metropolitan Services (METRO) serves the subject property
with a bus stop located at SE 256th Street and 132nd Avenue SE. Exhibit CK-62, Staff
' Report, page 21.
School Access and Impacts
' 25. Students residing in the proposed plat would be served by the Kent School District. Each
lot would be assessed an impact fee at the time of construct permit issuance to mitigate
the impact of additional students on school district facilities, in accordance with KCC
' 12.13.160. At the May 10 plat hearing, Attorney Williamson stated that the Applicants
would pay required school mitigation fees. To ensure safe walking conditions for students
and other pedestrians, the Applicants would construct sidewalks along the internal private
plat roads and the property frontage with SE 258th Street, and a six-foot wide pedestrian
walkway along the east side of 135th Avenue SE from SE 258th Street to SE 256th Street,
pursuant to revised MDNS Condition No. 2. Mr. Gillespie testified at the May 23 SEPA
hearing that pedestrian walkways are supported by Comprehensive Plan policies H-2.5, CD-
2.2, and CD-3.1.10 He testified that the photos in Exhibit CK-41 depict existing pedestrian
conditions along 135th Avenue SE and SE 256th Street. Mr. Gillespie further testified that
10 Community Design Policy 2.2 states "Where feasible, separate motorized vehicles, bicycles, and pedestrian traffic along
' busy streets" Community Design 3.1 states"Establish design standards which ensure that commercial, industrial, residential,
and public building sites provide convenient, direct access for pedestrians and bicyclists." Housing Policy H-2.5 states
"Require developments to provide their fair share of on-site and off-site improvements needed as a result of the
development." City Comprehensive Plan, Community Design Element(2004),pages 5-8 and 5-10; City Comprehensive Plan,
tHousing Element(2004),page 6-11.
' I• Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No.SU-2005-11, KIVA #RPP3-2053169
Page 11 of 32
the revised MDNS Condition No. 2 is necessary to mitigate significant adverse impacts that '
might otherwise result from development of the proposed plat. Exhibit CK-41; Exhibit CK-
62, Staff Report, pages 6, 19, 20; Testimony of Mr. Gillespie, Statement of Attorney
Williamson.
Parks and Open Space '
26. KCC 12.04.780, in effect at the time of the plat application, required developers to dedicate
five percent of site area as open space for parks or pay a fee in lieu of dedication." The '
Applicants do not propose construction of a community park or tot lot, and would instead
pay the fee-in-lieu-of dedication. KCC 12.04.780; ExhibitCK--62, Staff Report, page 19.
Water and Sewer Utilities ,
27. Water District #111 would provide water service to the proposed plat. Sanitary sewer
service would be provided by Soos Creek Water and Sewer District. The Applicants '
provided Certificates of Water and Sewer Availability, signed March 15, 2005, and April 19,
2005, respectively. The certificates are valid for one year from the date of signature. The
Applicants would provide current certificates prior to final plat approval. Mr. Nixon testified '
at the May 23 plat hearing that the sewer utility easement along the property's southern
waterfront boundary could be used by the proposed plat, either as re-built or as-is if
adequate for the plat's sewer needs. Exhibit Cl(-62, Staff Report, page 21; Exhibit CK-76;
Testimony of Mr. Nixon.
Public Comment Letters and Testimony l ,
28.The City received seven public comment letters regarding the proposed plat and rezone.
Numerous public comment letters were also received with the initial rezone request. Many ,
of the letters requested that the Applicants construct street improvements along 135th
Avenue SE to address concerns regarding increased traffic and safety problems arising
from the additional vehicles using the 135th Avenue SE/SE 256th Street intersection. James ,
and Karen Tuntland expressed concern that increased use of the lake would also impact
safety. Charlie and Linda Denny expressed concern about the proposed plat's impact on
the community beach lot and emphasized that they would retain their community beach '
rights and access. Ellyn Ricker and Tim and Vicki Kress expressed concern about impacts
on an already overcrowded school system. David and Deborah Herron questioned whether
the requested rezone and preliminary plat would be compatible with the surrounding area,
particularly in light of the Planning Service's recommendation that the Lake Meridian
Comprehensive Plan designation be amended to SF-4.5. Sharon Bosse opposed any
payment of fees In-lieu-of required improvements. Comment letters also expressed '
concern about environmental impacts; health risks from mosquitoes breeding in detention
ponds; view impacts; lack of privacy; a low water table; and impacts to existing wells. '
ii Since the application was filed, KCC 12.04.780 has been repealed and replaced with KCC 12.04.060 - .070; however, the '
proposed plat is reviewed under the code in effect at the time of completeness.
Findings, Conclusions and Decision
City of Kent Hearing Examiner ,
Meridian Banks Part IV, Preliminary Plat
No.SU-2005-11, KIVA #RPP3-2053169
Page 12 of32 ,
Exhibit CK-57; Exhibit CK--58; Exhibit CK-59; Exhibit CK-60, Exhibit CK-61; Exhibit CK-68;
Exhibit CK-69.
29. Michelle McDowell testified at the May 10, 2007 open record hearing, expressing opposition
to the proposed preliminary plat and rezone based on insufficient high school capacity
within the City. She noted the City Council placed a moratorium on rezones and the
Planning Department recommended amending the Comprehensive Plan Land Use Map to
' designate the Lake Meridian area as SF 4.5. Ms. McDowell asserted that if the preliminary
plat is developed as proposed, the resulting subdivision would not be compatible with
surrounding neighborhoods developed at lower densities. Sally McDonough testified
expressing concern that increased impervious surfaces would lead to increased runoff,
impacting shoreline wetlands necessary to protect Lake Meridian and downstream Big Soos
Creek. Mr. Tuntland questioned how the proposed plat would be connected to water
service. He expressed concern that the proposed stormwater detention vault would
interfere with an existing easement. Linda Johnson expressed concern that the proposed
plat would create more traffic and a loss of serenity. Patricia SJoiln questioned whether the
City Council had been notified of the proposed plat and rezone request. Exhibit CK-65;
Exhibit CK-66; Exhibit CK-67; Testimony of Ms McDowell; Testimony of Ms McDonough;
Testimony of Mr. Tuntland; Testimony of Ms. 5joiln.
Revised Preliminary Plat
30. At the end of the May 23, 2007 hearing, the Applicants proposed a revised site plan that
included Native Growth Protection Areas (NGPA) and a voluntary shoreline restoration plan.
The City requested 60 days to review the amended plat. At the request of the Applicants,
and with the agreement of the City, the hearing was continued to August 15, 2007. At the
August 15, 2007, hearing on the preliminary plat, the Applicants introduced Exhibits M-66-
69 and M-72-73. Exhibit 68 is a site plan depicting the location of building footprints for
Lots 7-11, and showing NGPAs along the shoreline. The proposed residences would be
located outside a 50-foot wide setback from the Lake Meridian Water Line, but within the
50-foot wide buffer for a Category 2 wetland. Exhibit M-68. Exhibit M-69 is a similar but
smaller map depicting the Applicants' estimation of the building setback without wetland
exemptions. Exhibit M-69. Exhibit M-73 is a memo prepared by Thomas Deming, the
Applicants' wetland biologist, explaining the voluntary shoreline restoration plan, dated May
27, 2007. Exhibit M-73 is also marked as Exhibit CK-74. Exhibit CK-74; Exhibit M-73.
31. Erin Fehringer, City Environmental Engineer, reviewed Meridian's revised plat layout and
memo regarding the voluntary shoreline restoration plan. In her memo, dated June 15,
2007, she concluded:
. . .the revised plat layout is not in compliance with the requirements and
standards of the Critical Areas Ordinance, Kent City Code Chapter 11.06.
Findings, Conclusions and Decision
City of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. 5U-2005-11, KIVA #RPP3-2053169
Page 13 of32
Furthermore, the revised plat layout has not addressed the comments in ,
my November 17, 2006 letter. Exhibit CK-73.
Ms. Fehringer stated in her memo that the Applicants have not submitted a revised wetland
delineation report. She stated that the revised plat layout does not show the correct
wetland boundaries; does not provide any wetland buffers; and proposes significant
wetland impacts without submittal of a Conceptual Wetland Mitigation Plan. Exhibit CK-73;
Exhibit CK-74; Exhibit M-68.
32.The City prepared an addendum to the Meridian Banks Subdivision Staff Report, for the
July 25, 2007 hearing (continued to August 15, 2007). The City reviewed Mr. Deming's
memo and a partial site plan titled "Voluntary Shoreline Restoration Plan" (Exhibit CK-75).
The Applicants proposed specific plantings within NGPAs with protective covenants, and
ending aggressive management of aquatic vegetation waterward of the shoreline. The City S
determined that the revised plat proposal does not address the existing Category 2 wetland
along the shoreline or the required 50-foot wide buffer and associated 15-foot building
setback. Based on Ms. Fehringer's June 15, 2007 memo, the City found that the proposed
subdivision is not consistent with the specific approval criterion found in KCC
12.04.685.A.1.b: "Protection of environmentally sensitive lands and habitat". Exhibit CK-
72; Exhibit CK-73; Exhibit CK-74; Exhibit CK-75.
33.Teresa Vandenburg, wetland scientist for ESA Adolfson, reviewed Exhibits CK-74 and M-68
on behalf of the City but did not provide a written report to the City prior to the hearing. l
She testified that the revised site plan (Exhibit M-68) would not meet the requirements of
Chapter 11.06 KCC for the following reasons:
a) the revised preliminary plat does not show the existing wetlands;
b) the revised preliminary plat does not show the wetland buffers; and
c) the revised preliminary plat does not show mitigation of wetlands.
She also testified that the voluntary shoreline restoration plan (Exhibit CK-74) does not
meet the requirements of a wetland mitigation plan as found in KCC 11.06.550 to -.570,
and KCC 11.06.660, nor provide for wetland restoration, because:
a) there is no connectivity of restoration areas, but only isolated pockets;
b) credit inappropriately is taken for areas that do not need restoration;
c) the plan does not reference the wetlands and mischaracterizes existing
conditions from wetlands identified in Exhibit C-4; and
d) site is not as degraded as the plan states.
Testimony of Ms Vandenburg.
Findings, Conclusions and Declsion
City of Kent Hearing Examiner
Meridian Banks Part N, Preliminary Plat
No SU-2005-11, KIVA #RPP3-2053169
Page 14 of 32 '
34. At the August 15, 2007 hearing on the revised site plan and voluntary shoreline restoration
plan, Mr. Nixon testified that Exhibit M-69 shows that the wetland areas identified by the
City would not allow for development of Lots 7-11.12 He proposed a setback of 50 feet
from the lake shoreline and testified that, with the setback, the shoreline restoration plan
would comply with all plat requirements. He testified that the wetlands should be
considered exempt because they were previously filled. Testimony of Mr. Nixon.
35. Mr. Deming testified that he helped prepare the revised site plan (Exhibit M-69) and Exhibit
M-73 (Exhibit CK-74) for the Applicants. He clarified that the exhibits represent a shoreline
restoration plan, not a wetland mitigation plan. He testified that because the wetlands
should be considered exempt, they do not need to be shown on the revised site plan.
Testimony of Mr. Deming.
36. Attorney Jamie Danielson, Attorney for Sharon Bosse, commented at the August 15 hearing
that the setbacks depicted on Exhibit M-69 may not reflect the requirements found in the
Kent Shoreline Master Program. Statement of Ms. Danielson.
37. Ms. Moorehead testified that setbacks under Kent Shoreline Master Program (KSMP) Sec.
6.12.6.a are determined by averaging the setbacks of existing dwelling units within 50 feet
of the side property lines. The maximum setback would be 75 feet unless a larger buffer is
required by the Kent critical areas regulations.13 There is a 25-foot minimum residential
structure set back in the Urban-Lake Environment where only one or no dwelling units are
l i located within 50 feet of side property lines. She testified that the City has not yet
determined exact setback widths. Any such setback would be determined at the building
permit stage. Ms. Moorehead testified that when reviewing a plat she references both the
Shoreline Master Program and Chapter 11.06 KCC for critical areas. Ms. Moorehead
explained that if there is a conflict then those regulations which provide greater protection
apply under KCC 11.06.060.A. KSMP Section 6.12.6.a; Chapter 11.06 KCC; Testimony of
Ms. Moorehead.
38. Ms. McDowell testified at the August 15 hearing that the shoreline wetlands were mowed
during the summer, but would recover over the winter. Mr. Tuntland testified that the
shoreline wetlands and cattails had been mowed only over the last 10-15 years. He
testified that he was concerned about access to existing docks because he and others carry
boats down to the community beach. Ms. Fehringer suggested that access to existing
12 Meridian's revised site plan(Exhibit M-69)also appears to extend the wetland buffer into proposed Lot 6.
13"No residence shall be required to be set back more than seventy-five(75) feet from the ordinary high water mark, unless a
larger buffer is required by the Kent critical areas regulations (KCC 11.05). [Now Chapter 11.06 KCC.] Any further setback
reduction beyond that allotted in this section shall require approval of a shoreline variance application." KSMP Section
6.12.6.a.
Findings, Conclusions and Deasion
City of Kent Hearing Examiner
Meridian Banks Part IV, Prelrmmary Plat
No.SU-2005-11, KIVA ,#RPP3-2053169
Page 15 of32
docks might be allowed through the wetland buffers. She cited KCC 11.06.600.H.3, which
allows foot trails in a wetland buffer. Testimony of Ms. McDowell; Testimony of Mr.
Tuntland; Testimony of Ms. Fehnnger.
39. Ms. Moorehead testified at the May 10 and August 15 hearing that the City recommends
denial of the proposed preliminary plat because the proposal does not meet KCC
12.04.685.A.1.b, regarding protection of environmentally sensitive lands and habitat.
Exhibit CK-62, Staff Report, page 23, Testimony of Ms Moorehead.
SEPA Threshold Determination
40.The City acted as lead agency for review of environmental impacts caused by the proposal
as required by the State Environmental Policy Act (SEPA). Initially, the City reviewed the
environmental impacts of the rezone application and preliminary plat application
separately, and issued a Determination of Nonsignificance (DNS) for the rezone request on
November 18, 2005. Exhibit C-7; Exhibit C-8. The DNS was appealed by James Helm on
December 16, 2005. Exhibit A-7. The Hearing Examiner issued a decision on March 15,
2006, remanding the DNS to the City for review of the environmental impacts of the
Applicants' proposed rezone and preliminary plat application with respect to wetlands,
storm drainage, and traffic. Exhibit M-15.H. Pursuant to the Hearing Examiner's decision,
the City combined review of the environmental impacts for both the rezone application and
the preliminary plat application.14 The City determined that with conditions, the rezone
and preliminary plat proposals together would not have a probable significant adverse
impact on the environment, and issued a Mitigated Determination of Nonsignificance
(MDNS) on January 19, 2007. ExhibitB-10. The MDNS contains seven conditions requiring
that the Applicants 1) provide a Traffic Impact Study (TIS) or pay an environmental
mitigation fee in lieu of submitting a TIS; 2) submit and receive approval of Pedestrian
Walkway Improvement Plans from the Department of Public Works; 3) redesign the plat to
comply with City of Kent Ordinance No. 3746, regarding critical area regulations, including
submitting a revised Wetland Delineation Report that complies with the City's wetland
decision provided in the City's November 17, 2006 letter; 4) coordinate with the King County
Health Department on well protection issues; 5) utilize Low Impact Development Techniques,
where determined feasible by the City; 6) be sensitive to the natural topography of the site
during construction; and 7) minimize grading of the site and where done the grading shall
follow the natural contours, with restrictions on retaining walls. Exhibit CK-62, Staff Report,
page 3, Exhibit M-18; Exhibit B-10.
14 The Washington Supreme Court endorsed this combined threshold review process when it found impacts of a specific
development proposal can be a useful yardstick to measure rezone impacts. See OtlzensAlliance v.Aubum, 126 Wn.2d. 356,
365 (1995). Combined threshold review is consistent with KCC 12 01 030(D); is a more efficient use of City, applicant and
public resources; and promotes SEPA policies. See 126 Wn.2d at 366 ("The SEPA rules underscore flexibility and gauge the
level of detail according to the proposal at issue').
Findings, Conclusions and Decision
City of Kent Hearing Exammer
Mendran Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 15 of 32
41. The City received appeals of the SEPA MDNS from the Applicants (AP-2007-1) and from
Sharon Bosse (AP-2007-2). In addition, the Applicants appealed the City s administrative
decision regarding wetlands on the property (HEA-2006-2). At the May 10, 2007,
consolidated hearing, the City and the Applicants agreed that the issues raised in the
administrative decision appeal would be addressed as part of the SEPA appeal and the
administrative decision appeal was dismissed by the Hearing Examiner on May 22, 2007.
The SEPA appeals were consolidated with the preliminary plat and rezone open record
l hearings. Exhibit CK-62, Staff Report, page 3; Exhibit M-15; Exhibit M-23; M-27;
Administrative Appeal Pre-Hearing Order of December 2006; SEPA Pre-Hearing Order of
February 26, 2007, setting consolidated rezone/plat/SEPA appeal hearing date, SEPA
I Appeal Pre-Hearing Order Regarding Hearing Procedures, April 13, 2007; Order of
Dismissal Administrative Decision Appeal of May 22, 2007.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to
consider all evidence presented at the hearing; and, based on that evidence, to approve,
approve with conditions, or disapprove the preliminary plat. KCC 2.32; KCC 12.04; RCW 58.17.
Criteria for Review
The decision of the Hearing Examiner must be supported by the evidence presented and must
be consistent with the standards and criteria for review specified in state statutes and city
ordinances.
The standards and criteria for review of preliminary plat applications are found in Chapter
12.04, KCC and Chapter 58.17, Revised Code of Washington (RCW). The review criteria
include the following:
A. Under KCC 12.04.635:
No subdivision shall be approved unless the following principles of acceptability
are met; the subdivision shall:
1. Create legal building sites which comply with all provisions of KCC Title 15,
Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood, inundation or wetland conditions; slope, soil stability and/or
capabilities; or the construction of protective improvements may be required
as a condition of approval;
Findings, Conclusions and Decision
' Crty of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2 053 1 69
Page 17 of 32
4. If adjacent to another municipality or King County, take into consideration the
subdivision standards of that jurisdiction as well as the requirements of this t.
chapter;
S. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as deemed
necessary;
6. Make adequate provision for the connectivity of streets, alleys, pedestrian
accessways and other public ways.
B. Under KCC 12.04.685.A, a proposed subdivision and dedication shall not be
approved unless the city finds that:
1. Appropriate provisions have been made for:
a. The public health, safety and general welfare of the community;
b. Protection of environmentally sensitive lands and habitat;
c. Open spaces;
d. Community parks and recreation;
e. Neighborhood tot lots and play areas;
f. Schools and school grounds;
g. Drainageways;
h. Stormwater detention;
i. Connectivity of sidewalks, pedestrian pathways, traffic calming features
and devices, and other planning features that assure safe walking
conditions within and between subdivisions and neighborhoods for
residents and students who walk to and from schools, parks, transit stops
and other neighborhood services;
j. Connectivity of streets or roads, alleys, pedestrian accessways, and other
public ways within and between subdivisions and neighborhoods; '
k. Transit stops;
I. Potable water supplies;
m. Sanitary wastes;
n. Other public utilities and services, as deemed necessary; and
2. The city has considered all other relevant facts; and ,
3. The public use and interest will be served by the platting of such subdivision
and dedication; and
4. The city has considered the physical characteristics of a proposed subdivision
site and may deny a proposed plat because of flood, inundation, or wetland
conditions, slope, or soil stability and/or capabilities. Construction of
protective improvements may be required as a condition of approval, and
such improvements shall be noted on the final plat.
Findings, Conclusions and Decision
City of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 18 of 32
The criteria set forth in the Kent City Code are essentially identical to those in the
Revised Code of Washington (RCW). The following subdivision criteria described in the
RCW must also be met by the application before a decision of approval can be made:
Appropriate provisions must be made for the public health, safety
and general welfare, for open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water
supplies, sanitary wastes, parks and recreation, playgrounds,
schools and school grounds and all other relevant facts including
sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school; and the
public interest must be served by the subdivision.
RCW 58.17.110
Conclusions Based on Findings
1. With conditions, the proposed plat satisfies the requirements of KCC 12.04.635.
The property is currently zoned SR-4.5. The Applicants requested a rezone to SR-6. The
proposed lots would comply with the size and density standards of the SR-6 zone. A
condition of plat approval is necessary to ensure that if the associated rezone request is
- denied by City Council, the Applicants would amend the proposed plat to comply with the
SR-4.5 zone standards. The existing residence and associated cabins and outbuildings
would be removed prior to plat development. All lots would have access to SE 2581h Street
f� through a new private road that would loop through the subdivision. There are no further
opportunities for street connectivity. Conditions of approval are necessary to ensure that
the Applicants construct the new private road to the City's Private Residential Street
standards. The Applicants would construct street frontage improvements along SE 258th
Street. The Applicants would construct sidewalks along the new private road, along SE
258th Street, and along the east side of 135th Avenue SE. Conditions of approval are
necessary to ensure that the Applicants provide the City with a copy of the Traffic Impact
Study, which the City shall review to determine whether off-site street improvements are
warranted. The property's physical characteristics are generally suitable for development.
There is a wetland along the southern property boundary with Lake Meridian. Conditions
of approval are necessary to ensure that the Applicants provide an approved wetland
delineation and approved final mitigation plan; that the Applicants set aside the wetlands
and associated buffers in a sensitive areas tract; and that the Applicants follow the City's
mitigation sequence to mitigated any impacts to the wetlands and associated buffers. With
wetland delineation and mitigation, the sensitive areas tract may extend across portions of
proposed lots 6, 7, 8, 9, 10, and 11, rendering them unbuildable. Conditions of approval
are necessary to ensure that any development restrictions are included on the face of the
plat. The Applicants propose construction of an underground combined detention/wet
Findings, Conclusions and Decision
City of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 19 of 32
� vault system to treat surface water runoff from the proposed plat and upstream areas.
Treated surface water would be discharged into Lake Meridian. The Public Works
Department authorized the proposed underground stormwater detention system as an
adjustment to surface water design manual requirements. Conditions of approval are
necessary to ensure that the Applicants obtain HPA approval or a written waiver from the
Washington State Department of Fish and Wildlife, and that the stormwater facilities are
constructed in compliance with the 2002 City of Kent Surface Water Design Manual and the
1998 King County Surface Water Design Manual. Water District #111 would provide water
service to the proposed plat. Sanitary sewer service would be provided by Soos Creek
Water and Sewer District. Findings 1-41.
2. With conditions, the proposed plat satisfies the requirements of KCC
12.04.685.A. The City provided adequate notice of the plat application and associated
open record hearing. The City evaluated the environmental impact of the proposed plat
and rezone based on documents provided by the Applicants and its own study, as
authorized by SEPA. There are wetlands and associated buffers located along the southern
property boundary with Lake Meridian. Conditions of plat approval are necessary to ensure
that the Applicants provide an approved wetland delineation and a final mitigation plan, ,
including sensitive areas tract, in compliance with the City Critical Areas Ordinance, Chapter
11.06 KCC. Proposed lots 6 through 11 may be unbuildable as a result of wetland
delineation and mitigation. Conditions of plat approval are necessary to ensure that the
wetlands and associated buffers are protected in a sensitive areas tract and that any
building restrictions are identified on the final plat. Because the City objected to approval
of the preliminary plat for the sole reason that the Applicants had failed to provide a
corrected wetland and buffer delineation for lots 6 through 11, the preliminary plat is
approved subject to the Applicants' compliance with Chapter 11.06 KCC. The proposed
plat makes adequate provision for open spaces, community parks and recreation, tot lots,
and play areas through the payment of impact fees to the City of Kent. Pursuant to
Chapter 12.13 KCC, each lot would be assessed an impact fee at the time of construction
permit issuance to mitigate the impact of additional students on the Kent School District
facilities. All stormwater runoff would be managed through construction of an
underground stormwater detention/wet pond to be located in a separate tract along the
property's western boundary. On-site surface water runoff and upstream runoff would be
treated and discharged into Lake Meridian. Conditions of approval are necessary to ensure
that the proposed stormwater facilities are constructed to City of Kent Construction
Standards and 2002 City of Kent Surface Water Design Manual (CKSWDM) Level 2 j
standards. The proposed new looped private road would connect the plat to SE 258th
Street, through which the plat would be connected to 135th Avenue SE and SE 256th Street.
Conditions of approval are necessary to ensure that the Applicants construct the new
private roads and SE 258t' Street frontage improvements to City standards. The proposed
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No.SU-2005-11, KIVA #RPP3 2053169
Page 20 of 32
.rirE
plat would be served by METRO transit service with a bus located at the intersection of
132"d Avenue SE and SE 256th Street. Traffic impacts on area streets and intersections
would be mitigated pursuant to MDNS conditions. Conditions of approval are necessary to
ensure that the Applicants construct sidewalks to provide safe walking for students and
other pedestrians, including sidewalks along the new private road, SE 258th Street, and one
side of 135th Avenue SE. Water District #111 would provide water service to the proposed
plat. Sewer service would be provided by Soos Creek Water and Sewer District. The
Applicants would obtain current certificates of water and sewer availability prior to final plat
approval. The proposed plat would allow a mix of housing and site designs consistent with
Comprehensive Plan goals and policies. Conditions of approval are necessary to ensure
that the Applicants provide the City with accurate and valid site-specific environmental
information, in the form of an approved wetland delineation and a final mitigation plan,
consistent with Comprehensive Plan Land Use Element goals and policies and Chapter
11.06 KCC. The development density within the proposed plat would be consistent with
the SF-6 Comprehensive Plan designation. A condition of approval is necessary to ensure
that if the rezone request associated with the proposed plat is denied, the Applicants would
revise the proposed plat to comply with the SR-4.5 zone standards. The public use and
interest would be served by development of additional housing and construction of new
j sidewalks and street frontage improvements, consistent with City Code. Conditions of
approval are necessary to ensure that the site's physical characteristics, including wetlands,
are adequately protected in compliance with Chapter 11.06 KCC. Findings 1-41.
3. Based upon the above conclusions, the requirements of RCW 58.17.110 have
been satisfied.
DECISION
Based on the preceding Findings and Conclusions, the request to subdivide a 6.3 acre parcel
into 27 single-family residential lots is APPROVED, subject to the following conditions:ls
A. Prior to Recording the plat for this subdivision:
1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or
Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or
prior to recording this plat, whichever comes first.
is This decision includes conditions required to meet City Code standards as well as conditions required to reduce unique
project impacts.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Prebmmary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 21 of 31
2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared
with a CAD program. The digital information can be formatted in either *.DWG
(AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State
Plane coordinates: an assumed coordinate system is not permitted. The
State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at
least two City of Kent reference points within one half mile of the subdivision. In
addition, the project shall be tied into at least two City of Kent NAD 88 vertical
benchmarks and two additional permanent benchmarks shall be established within
the project. The locations, descriptions and elevations of these benchmarks will be
reported at the time as-built drawings are submitted along with field notes sufficient
to verify the required precision.
3. The Owner/Subdivider shall submit and receive City approval for engineering
drawings from the Department of Public Works, and shall then either construct or
bond for the following:
a. A public gravity sanitary sewer system to serve all lots.
This development will be served by the Soos Creek Water & Sewer District and j
will be constructed to Soos Creek Water & Sewer District standards and
specifications.
The public sanitary sewer system shall be extended from the existing public
sanitary sewer system and shall be sized to serve all off-site properties within the
same service area. In addition, the sanitary sewer system shall be extended
across the entire subdivision as needed to serve adjacent properties within the
same service area, unless otherwise determined by the sanitary sewer purveyor.
The septic system serving the existing home(s) within the proposed subdivision -
if any - shall be abandoned in accordance with King County Health Department
Regulations.
b. A public water system meeting domestic and fire flow requirements for all lots.
This development will be served by Water District #111 and will be constructed
to Water District #111 standards and specifications.
The public water system shall be extended and shall be sized to serve all off-site
properties within the same service area. In addition, the water main extension
shall be extended across the entire subdivision as needed to serve adjacent
Findings, Conclusions and Derision
City of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, IQVA #RPP3-2053169
Page 22 of32
properties within the same service area, unless otherwise determined by the
water purveyor.
Existing wells — if any - shall be decommissioned in accordance with the
requirements of the Department of Ecology.
c. A stormwater system. The Engineering Plans must meet the minimum
requirements of the City of Kent Construction Standards and 2002 City of Kent
Surface Water Design Manual (KSWDM). Initial guidance for the Engineering
Plans is given below (See Chapter 2 of KSWDM for detailed submittal
requirements):
(I)The Engineering Plans will include at a minimum: Site improvement plans
which include all plans, details, notes and specifications necessary to
construct road, drainage, and other related improvements. The engineering
plans shall include a technical information report (TIR) which contains all the
technical information and analysis to develop the site improvement plans.
(2)An erosion and sedimentation control (ESC) plan shall be included in the
engineering plans. The ESC shall meet the requirements of the City of Kent
Construction Standards, and the 2002 City of Kent Surface Water Design
Manual. These plans must reflect the Detailed Grading Plan discussed below,
and the Planning Services approved Detailed Tree Plan.
(3)The retention/detention and release standard that will be met by the
subdivision is Level Two. The water quality menu that will be met by the
subdivision is the Resource Stream Protection Menu.
(4)The site improvement plans and technical information report will contain
drainage calculations and a drawing of the retention/detention pond tract at
an appropriate engineering scale. The site improvement plans will also show
that all required stormwater management facilities will be outside of
delineated wetlands and their buffers, as well as outside of creeks and rivers
and their buffers.
(5)A downstream analysis is required for this development, and it will include an
analysis for capacity, erosion potential, and water quality. Refer to the
requirements of Technical Information Reports in Section 3: "Offsite
Analysis", of the 2002 City of Kent Surface Water Design Manual for the
specific information required for downstream analyses.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No SU-2005-11, KIVA #RPP3-2053169
Page 23 of 32
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(6)Roof downspouts for each roofed structure (house, garage, carport, etc.)
shall be diverted to a Roof Downspout Infiltration System 'meeting the
requirements of section 5.4.5, Infiltration Trenches, of the 1998 Surface
Water Design Manual. These roof downspout conveyance and infiltration
systems shall include overflow pipes connected to an approved dispersion
system. The drainage plans shall include an approved detail for the roof
downspout infiltration system. The face of the recorded plat shall contain the
following restriction:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF
DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED PLANS.
(7)If determined necessary by the Public Works Department following review
and approval of the required downstream analysis, the Owner/Subdivider
shall provide public drainage easements meeting the requirements of the City I
of Kent Construction Standards for the specified downstream reach where
adequate public drainage easements do not currently exist.
(8)The Owner/Subdivider shall submit Landscape Plans for within and
surrounding the retention/detention facility to the Planning Department and
to the Department of Public Works for concurrent review and approval prior
to, or in conjunction with, the approval of the Engineering Plans. These
Landscape Plans shall meet the minimum requirements of the City of Kent
Construction Standards, and the stormwater management landscaping
requirements contained within the 1998 King County Surface Water Design
Manual. Landscape Plans are required to show adjacent Street Trees so that
the City arborist can assess potential adverse stress upon all types of
vegetation.
(9)The Owner/Subdivider shall execute Declaration of Stormwater Facility
Maintenance Covenants for the private portions of the drainage system
prepared by the Property Management Section of the Department of Public
Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance
Covenant, to the 2002 City of Kent Surface Water Design Manual for
information on what is contained within this document.
d. A Detailed Grading Plan for the entire subdivision meeting the requirements of
the City of Kent Construction Standards,. and City of Kent Development
Findings, Conclusions and Decision
CIty of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2 0 531 69
Page 24 of 32
Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans
Initial guidance for these plans is given below:
(1)These plans will include provisions for utilities, roadways, retention /
detention ponds, stormwater treatment facilities, and a building footpad for
every lot.
I (2)These plans shall be designed to eliminate the need for processing several
individual Grading Permits upon application for Building Permits: phasing of
grading on a lot-by-lot basis will not be considered.
(3)These plans will use a 2-foot maximum contour interval, and every fifth
contour line will be darker, wider and labeled in conformance to standard
drafting practice.
e. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision
meeting the requirements of the City of Kent Construction Standards, and the
most recent adopted version of the Stormwater Management Manual for the
Puget Sound Basin. These plans must reflect the Detailed Grading Plan
discussed above, and the Planning Department approved Detailed Tree Plan.
f. The Owner/Subdivider shall comply with the City letter dated November 17, 2006
i (Exhibit CK-30) requiring revisions to the wetland delineation report as set out in
Finding 5. The preliminary plat map shall be revised to depict the wetland and
buffer boundaries and this area shall be designated as a sensitive area tract. If
the revised wetland delineation allows for a buildable footprint on any of the
proposed Lots 6-11, the preliminary plat map shall be revised to show the
buildable area on each lot and the area to be protected on each lot. Should the
revised wetland delineation report conclude that any of proposed Lots 6 11 are
not buildable, the preliminary plat map shall be revised to delete any such lots.
g. Interim Street Improvement Plans for 135th Avenue Southeast. These Interim
Street Improvement Plans shall meet the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance Brochures #6-
2, Private and Public Street Improvements, and # 6-6, Street Improvement
Plans, for a street designated as a Residential Street within the City of Kent
Comprehensive Plan. Initial guidance for the necessary interim street
improvements is given below:
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Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part N, Preliminary Plat
No. SU-2005-11, KNA #RPP3-2053169
Page 25 of 32
(1)Off-site: A 6-foot wide Hot Mix Asphalt (HMA) pavement walkway along east
side of the street, constructed in conformance to standard Detail 6-60
between SE 256th Street and SE 258th Street.
(2)Off-site: A minimum of 20 feet wide of Hot Mix Asphalt (HMA) pavement,
except where additional width is required by the Fire Department for
emergency vehicle access, between the subdivision and SE 256th Street.
(3)Off-site: a minimum of two street lights installed at the intersection of 135th
Avenue Southeast and Southeast 256m Street.
h. Interim Street Improvement Plans for Southeast 256th Street. These Interim
Street Improvement Plans shall meet the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance Brochures #6-
2, Private and Public Street Improvements, and #6-6, Street Improvement Plans,
for a street designated as a Residential Street within the City of Kent
Comprehensive Plan. Initial guidance for the necessary interim street
improvements is given below:
(1)Combined vertical concrete curbs and gutters, a 5-foot wide planter strip, and
a 5-foot cement concrete sidewalk along the south side of the street.
(2)Along the new property frontage: A minimum of 20 feet of Hot Mix Asphalt
(HMA) pavement as measured from the face of vertical curb constructed
along the south side of the street to the edge of the traveled pavement on
the north side of the street. Pavement shall be provided with a 20-year
service life as determined by the process identified in the City of Kent
Development Assistance Brochure #6-2, Private and Public Street I
Requirements.
(3)A street lighting system designed to the City's standards, constructed and
maintained by the IntoLight Division of Puget Sound Energy; all electrical and
maintenance bills shall be paid for by the Home Owners Association created
for this subdivision.
(4) Public stormwater conveyance, detention and treatment facilities as
applicable.
(5)Curb return radii of 20-feet at the intersection of the subdivision street and a I
45-foot radius to the face of curb for the cul-de-sac bulb, if any.
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 26 of 32
(6)Street Trees installed within the 5-foot wide planting strips constructed
between the back of curb and the front of the cement concrete sidewalk.
These Street Trees will be located as approved by the Public Works
Department, and the species shall be selected from the Approved Street Tree
1 List contained within City of Kent Development Assistance Brochure #14, City
of Kent Street Trees.
(7)All overhead utility lines shall be placed underground along the subject
property's entire frontage.
i. Street Improvement Plans for the new Private Residential Streets connected to
Southeast 258th Street. This fully looped street layout as shown on the
preliminary plat map received August 29, 2005, will not require a cul-de-sac
unless required by the Fire Department for emergency access. The Street
Improvement Plans for these streets shall be designed in conformance to the
requirements for a Private Residential Street as required by City of Kent
Construction Standards, and City of Kent Development Assistance Brochure #6-
2, Private and Public Street Improvements and City of Kent Development
I Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide.
Initial guidance for these street improvements is given below:
(1)Combined vertical curb and gutter, a 5-foot wide planting strip constructed
between the back of curb and the front of the sidewalks, and then a 5-foot
wide cement concrete sidewalk along both,sides of the street.
(2)A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from
face of vertical curb to face of vertical curb.
(3)A street lighting system designed to the City's standards, constructed and
maintained by the IntoLight Division of Puget Sound Energy; all electrical and
maintenance bills shall be paid for by the Home Owner's Association created
for this subdivision.
(4)A private stormwater drainage system, including provisions for conveyance,
detention, and treatment facilities.
(5)Curb return radii of 20-feet at the intersection of the subdivision street and
Southeast 258th Street, and a 45-foot radius to the face of curb for the cul-
de-sac bulb, if any.
Findings, Conclusions and Decision
Gty of Kent Hearing Examiner
Meridian Banks Part Iv, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 27 of 32
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(6)Street Trees installed within the 5-foot side planting strips. These Street
Trees will be located as approved by the Public Works Department, and the
species shall be selected from the Approved Street Tree List contained within
City of Kent Development Assistance Brochure #14, City of Kent Street Trees
(7)The two proposed gates at the intersections of the private residential streets
with Southeast 258t' Street are acceptable subject to the approval by the Fire
Department of the final location and operation.
j. Street Improvement Plans for any new Private Residential Streets connected to
the new Private Residential Streets and terminating with a permanent cul-de-sac
bulb or approved turnaround at the terminus. The Street Improvement Plans for
these streets shall be designed in conformance to the requirements for a Private
Residential Street as required by City of Kent Construction Standards, and City of
Kent Development Assistance Brochure #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure # 6-8, Street
Improvement Plans for a street at least 20-feet wide. Initial guidance for these
street improvements is given below:
(1)A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from
edge of pavement to edge of pavement, or from face of curb to face of curb,
except where additional pavement is required by the Fire Marshal for
emergency vehicle access.
(2)A 5-foot wide asphalt sidewalk constructed along one side of the street for all
private streets serving more than four lots.
(3)An approved cul-de-sac bulb, or turnaround at its terminus, unless these
additional street improvements are not required by the City Fire Marshal.
(4)A private stormwater drainage system, including provisions for conveyance,
detention, and treatment facilities where applicable.
(5)Unless additional HMA pavement width is provided for parking, all minimum
width private streets serving more than two lots shall have pavement
markings and traffic signs installed which clearly designate these private
streets as Fire Lanes, where no parking will be permitted.
(6)The private street, including sidewalks, must be centered within a private
roadway tract or easement that is at least 1-foot wider than the total width of
the private street and sidewalk combination. _
Findings, Conclusions and Decision
co of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 28 of32
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k. Pedestrian Walkway Improvement Plans for a 6-foot wide vertically separated
asphalt walkway conforming to Standard Detail 6-60, along the east side of 135th
Avenue Southeast from SE 258th Street to SE 256th Street. At the sole discretion
of the Public Works Director, fees-in-lieu of design and construction may be
acceptable to satisfy this requirement.
I. Street Light Plans for all public streets meeting the requirements of the City of
Kent Construction Standards, and City of Kent Development Assistance Brochure
#6-1, Street Lighting Requirements
4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to
ensure that the property owners within this subdivision are advised of their
obligation to pay for the provided street lighting system. Those sections of the
required document written to govern that association as they relate to any IntoLight
Division of Puget Sound Energy street lighting systems, shall be reviewed and
approved by the Department of Public Works, prior to the recording these
documents.
5. The face of the final plat will clearly identify all private streets, and which lots will be
served by those private streets. The face of the final plat will also specify that the
1 maintenance of all private streets is the sole responsibility of the property owners
who are served by those private streets.
6. The Owner/Subdivider shall deed all public rights-of-way, and otherwise convey all
private and public easements necessary for the construction and maintenance of the
required improvements for this subdivision development.
7. The Owner/Subdivider shall submit and receive approval for a Detailed Tree Plan,
meeting the requirements of the Kent Zoning Code, and City of Kent Development
Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any
Construction Permits for the subdivision. Grading Plans cannot be approved by the
Department of Public Works without an approved Detailed Tree Plan. Detailed Tree
Plans are not to be confused with required Street Tree Plans, which have any
entirely different purpose.
i8. The Owner/Subdivider shall be sensitive to the natural topography during
construction and minimize negative impact to on-site soils and neighboring
properties. The Owner/Subdivider shall permanently protect the approved and
preserved, and/or enhanced, or created sensitive area(s) and the associated
buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No SU-2005-11, KIVA #RPP3-2053169
Page 29 of32
simple to the City, OR by granting a Sensitive Area Easement to the City for the ■
entire sensitive area, pursuant to Kent City Code Chapter 11.06. This Sensitive Area
Tract or Easement shall be consistent with the wetland and wetland buffer map
contained within the approved Wetland Delineation Report and/or approved Wetland
Mitigation Plan as appropriate. The Owner/Subdivider shall provide a legal
description of said easement or tract prepared by a licensed land surveyor, prior to
issuance of any Construction Permits. The Sensitive Area Tract and the following
language shall be included on the face of the recorded plat:
SENSITIVE AREA TRACTS/EASEMENTS
DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A
BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST
INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT
BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF
SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL
AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY
AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON
ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO
THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE
PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER
VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY
NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT
APPROVAL IN WRITING FROM THE CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF
DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE
SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING,
BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED
MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT
ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. '
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO OUTBUILDINGS AND OVERHANGS) ARE
ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT
BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY.
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND
UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM ,
DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE
THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE
Findings, Conclusions and Decision
Gty of Kent Hearing Examiner
Mendian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 30 of 32
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UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE.
THE CITY OF KENT ALSO RESERVES THE RIGHT TO ENHANCE THE SENSITIVE
AREA TRACT OR EASEMENT VIA PLANTING NATIVE VEGETATION AND REMOVING
NON-NATIVE OR INVASIVE VEGETATION.
9. After construction, the wetland and/or streams and their associated buffer areas
shall be isolated from intrusion by installing a split-rail cedar fence around the entire
buffer edge. In addition, sensitive area information signs (available from the
Department of Public Works for $7.50 each) shall be placed at the buffer edge to
inform and educate owners and nearby residents about the value of sensitive areas.
10.The Owner/Subdivider shall provide the Department of Public Works with a copy of
an approved Hydraulic Project Approval (HPA), OR A WRITTEN WAIVER THERE
FROM issued by the Washington State Department of Fish and Wildlife with the first
submittal of Construction Plans. Contact Larry Fisher of the Washington State
Department of Fish and Wildlife at (425) 649-7042 for additional information.
11.Prior to release of any construction bonds, and prior to the approval of any Building
1 Permits within the subject subdivision, the Department of Public Works must receive
and approve As-Built Drawings meeting the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance Brochure #E-1,
As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater
Drainage Facilities; and all off-site improvements where the locations and/or
elevations are deemed critical by the Department of Public Works.
12.The Applicant/Owner shall provide mailbox clusters as approved by the Public Works
Department and the U.S. Postmaster.
B. Prior to the issuance of a Building Permit on any lot in this subdivision, the
Owner/Subdivider shall:
1. Record the Plat.
2. Construct all of the improvements required in Section A, above, and pay the
respective fees-in-lieu-of including any mitigation (EMA or EMF) charges.
3. Receive approval of the required as-built crawings for street improvements,
stormwater management system, street lighting system, and other off-site
improvements where determined necessary by the City.
4. Construct all wetland mitigation plans, wetland and stream buffer plans, install all
Findings, Conclusions and Decision
City of Kent Hearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 31 of32
required split-rail cedar fences and sensitive area signs, and any other conditions to
protect or enhance critical areas.
C. Miscellaneous;
1. If the rezone request associated with the preliminary plat is denied by the City
Council, the Applicants will be required to amend the preliminary plat to comply with
the SR-4.5 zoning district standards.
DATED this day of October 2007.
THEODORE PAUL HUNTER
Hearing Examiner
Findings, Conclusions and Decision
City of Kent Nearing Examiner
Meridian Banks Part IV, Preliminary Plat
No. SU-2005-11, KIVA #RPP3-2053169
Page 32 of 32
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6D
1. SUBJECT: GROUP HEALTH COOPERATIVE OF PUGET SOUND MANAGEMENT
CONTRACT RENEWAL - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2008 Group
Health Cooperative contract for the City's insured health maintenance
organization plan.
Renewal of the Group Health Cooperative of Puget Sound contract for the City's
I insured health maintenance organization. The 2008 contract reflects an
approximate 13.2% increase in the health care premiums charged by Group
Health Cooperative and is budgeted in the health and welfare fund.
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3. EXHIBITS: Memo and 2008 Group Health Contract
4. RECOMMENDED BY: Operations Committee 4/15/08
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? $370,495 Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
BENEFITS DIVISION
Becky Fowler
Manager
400 West Gowe
Kent, WA 98032
Fax 253-856-6270
OFFICE: 253-856-5290
jApril 15, 2008
TO: Operations Committee
FROM: Ray Luevanos, Senior Human Resources Analyst
THRU: Becky Fowler, Benefits Manager
SUBJECT: Group Health Cooperative 2008 Contract
MOTION: I move to recommend the 2008 Group Health Cooperative contract for the
city's insured HMO plan be placed on the City Council consent calendar for the May 6,
2008 meeting.
iSUMMARY: Renewal of the Group Health Cooperative of Puget Sound contract for the
city's insured health maintenance organization (HMO). The 2008 contract reflects an
1 approximate 13.2% increase in the health care premiums charged by Group Health
Cooperative and is budgeted in the health and welfare fund.
BUDGET IMPACT: $370,495.
BACKGROUND: The city purchases insurance with Group Health Cooperative of Puget
1 Sound. Group Health is a non-profit, health maintenance organization (HMO)
providing primary care medical and specialty center throughout the Pacific Northwest.
Approximately 38 employees and their families are covered under our Group Health
Cooperative plan.
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City of Kent Employee Services Department
Sue Viseth, Director
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GroupHealth
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Group Medical Coverage Agreement
Group Health Cooperative(also referred to as"GHC")is a nonprofit health maintenance organization furnishing
health care coverage on a prepayment basis The Group identified below wishes to purchase such coverage This
Agreement sets forth the tei ins under which that coverage will be provided, including the rights and responsibilities
of the contracting parties, iequirements for enrollment and eligibility, and benefits to which those enrolled under this
Agreement are entitled
The Agreement between GHC and the Group consists of the following
• Standard Provisions
• Attached Benefit Booklet
• Signed Group application
• Premium Schedule
• All attachments and endorsements included or issued hereafter
Group Health Cooperative
Signed
Title President and Chief Executive Officer
' City of Kent,0036900
Signed
i Title
This Agreement will continue in effect until terminated or renewed as herein provided for and is
effective January 1,2008
PA-113302
CO2733-0036900
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Group Medical Coverage Agreement
Table of Contents
Standard Provisions
Attachment 1 Benefit Booklet
Attachment 2 Premium Schedule 1
Attachment 3 Medicare Endorsement
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CO2733 -0036900 2
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IStandard Provisions
1. GHC agrees to provide benefits as set forth in the attached Benefit Booklet to enrollees of the Group
2. Monthly Premium Payments. For the initial term of this Agreement,the Group shall submit to GHC for each
Member the monthly premiums set forth in the current Premium Schedule and a verification of enrollment
Payment must be received on or before the due date and is subject to a grace period of ten(10)days Premiums
are subject to change by GI IC upon thirty (30)days written notice Premium rates will be revised as a part of
the annual renewal process
In the event the Group increases or decreases enrollment at least twenty-five percent(25%)or more,GHC
reserves the right to require re-rating of the Group
3. Dissemination of Information. Unless the Group has accepted responsibility to do so,GHC will disseminate
information describing benefits set foith in the Benefit Booklet attached to this Agreement
4. Identification Cards.GHC will furnish cards, for identification purposes only,to all Members enrolled under
this Agreement
5. Administration of Agreement.GHC may adopt reasonable policies and procedures to help in the
administration of this Agreement GHC reserves the right to construe the provisions of this Agreement and
make all determinations regarding benefit entitlement and coverage
6. Modification of Agreement. Except as required by federal and Washington State law,this Agreement may not
be modified without agreement between both parties
No oral statement of any person shall modify or otherwise affect the benefits, limitations and exclusions of this
Agreement, convey or void any coverage, increase or reduce any benefits under this Agreement or be used in
the prosecution or defense of a Chun under this Agreement
7. Indemnification. GHC agrees to indemnify and hold the Group harmless against all claims,damages,losses
and expenses, including reasonable attorney's fees, arising out of GHC's failure to perform, negligent
performance or willful misconduct of its directors,officers,employees and agents of their express obligations
under this Agreement
The Group agrees to indemnify and hold GHC harmless against all claims,damages, losses and expenses,
including reasonable attorney's fees,arising out of the Group's failure to perform, negligent performances or
willful misconduct of its directors,officers,employees and agents of their express obligations under this
Agreement
The indemnifying party shall give the other party prompt notice of any claim covered by this section and
provide reasonable assistance(at its expense) The indemnifying party shall have the right and duty to assume
the control of the defense thereof wah counsel reasonably acceptable to the other party Either party may take
part in the defense at its own expense after the other party assumes the control thereof
8. Compliance With Law. The Group and GHC shall comply with all applicable state and federal laws and
regulations in performance of this Agreement
This Agreement is entered into and governed by the laws of Washington State,except as otherwise pre-empted
by ERISA and other federal laws
t 9. Governmental Approval. If GHC has not received any necessary government approval by the date when
notice is required under this Agreement,GHC will notify the Group of any changes once governmental
approval has been received GHC may amend this Agreement by giving notice to the Group upon receipt of
government approved rates,benefits, limitations, exclusions or other provisions, in which case such rates,
benefits, limitations,exclusions or provisions will go into effect as required by the governmental agency All
CO2733-0036900 3
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amendments are deemed accepted by the Group unless the Group gives GHC written notice of non-acceptance
within thirty (30)days after ieceipt of amendment, in which event this Agreement and all rights to services and
other benefits terminate the first of the month following thirty(30)days after receipt of non-acceptance
10 Confidentiality. Each party acknowledges that performance of its obligations under this Agreement may
involve access to and disclosure of data,procedures, materials, lists, systems and information, including
medical records, employee benefits information, employee addresses, social security numbers, e-mail addresses,
phone numbers and other confidential information regarding the Group's employees(collectively the
"information") I he information shall be kept strictly confidential and shall not be disclosed to any third party
other than (i)representatives of the receiving party (as permitted by applicable state and federal law) who have
a need to know such information in order to perform the services required of such party pursuant to this
Agreement,or for the proper management and administration of the receiving party,provided that such
representatives are informed of the confidentiality provisions of this Agreement and agree to abide by them, (u)
pursuant to court order or(tit) to a designated public official or agency pursuant to the requirements of federal,
state or local law, statute, rule or regulation The disclosing party will provide the other party with prompt
notice of any request the disclosing party receives to disclose information pursuant to applicable legal
requirements, so that the other party may object to the request and/or seek an appropriate protective order
against such request Each party shall maintain the confidentiality of medical records and confidential patient
and employee information as required by applicable law
11. Arbitration. Any dispute,controversy or difference between GHC and the Group arising out of or relating to
this Agreement,or the breach thereof,shall be settled by arbitration in Seattle_ Washington in accordance with
the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award
rendered by the arbivator(s)may be entered in any court having jurisdiction thereof Fxcept as may be required
by law, neither party nor arbitrator may disclose the existence, content or results of any arbitration heteunder
without the prior written consent of both parties
12. HIPAA.
Definition of Terms. Terms used,but not otherwise defined, in this Section shall have the same meaning as
those terms have in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")
Transactions Accepted. GHC will accept Standard Transactions, pursuant to HIPAA, if the Group elects to
transmit such transactions It the Group sends transactions to GHC that do not comply with applicable HIPAA
standards, the Group will be deemed by such action to be representing and warranting that it is not a Covered
Entity or otherwise required to comply with HIPAA standards for electronic transactions, either directly, or as
an agent of another individual or entity The parties agree that all the terms,conditions, reps esentations and
wartanties contained in this section are express obligations of the Group, and the Group shall indemnify GHC
for any breach of this section
13. Termination of Entire Agreement. This is a guaranteed renewable Agreement and cannot be terminated
without the mutual approval of each of the parties, except in the circumstances set forth below
a. Nonpayment or Non-Acceptance of Premium. Failure to make any monthly premium payment or
contribution in accordance with subsection 2 above shall result in termination of this Agreement as of the
premium due date The Group's failure to accept the revised premiums provided as part of the annual
renewal process shall be considered nonpayment and result in non-renewal of this Agreement The Group
may terminate this Agreement upon fifteen(15)days written notice of premium increase,as set forth in
subsection 2 above i
b. Misrepresentation. GHC may rescind or terminate this Agreement upon written notice in the event that
material misrepi esentation, itaud or omission of information was used in order to obtain Group coverage
Either patty may terminate this Agreement in the event of material misrepresentation, fraud or omission of
information by the other party in performance of its responsibilities under this Agreement
CO2733 -0036900 4
t
Ic. Underwriting Guidelines.GHC may terminate or non-renew this Agreement in the event the Group no
longer meets underwriting guidelines established by GHC that were in effect at the time the Group was
accepted
W. Withdrawal or Cessation of Services.
a GHC may determine to withdraw from a Service Area or from a segment of its Service Area after GHC has
demonstrated to the Washington State Office of the Insurance Commissioner that GHC's clinical, financial
or administrative capacity to service the covered Members would be exceeded
b GHC may determine to cease to offer the Group's current plan and replace the plan with another plan
offered to all covered Members within that line of business that includes all of the health care services
covered Linder the replaced plan and does not significantly limit access to the services covered under the
replaced plan GHC may also allow unrestricted conversion to a fully comparable GHC product
GHC will provide written notice to each covered Member of the discontinuation or non-renewal of the plan at
least ninety (90)days prior to discontinuation
� i
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CO2733 -0036900 5
Dear Group Health Subscriber
This booklet contains important information about your healthcare plan.
This is your 2008 Group Health Benefit Booklet(Certificate of Coverage) It explains the services and benefits you
and those enrolled on your contract are entitled to receive from Group Health Cooperative Sections of this
document may be bolded and italicized, which identities changes that Group Health has made to the plan The
benefits reflected in this booklet were approved by your employer or association who conti acts with Group Health
for your healthcare coverage If you are eligible for Medicaic, please read Section 1V J as it may affect your
prescription drug coverage
We recommend you read it carefully so you'll understand not only the benefits,but the exclusions, limitations,and
eligibility requirements of this certificate Please keep this certificate for as long as you are covered by Group
Health We will send you revisions if there are any changes in your coverage
This certificate is not the contract itself,you can contact your employer or group administrator if you wish to see a
copy of the contract(Medical Coverage Agreement)
We'll gladly answer any questions you might have about your Group Health benefits Please call our Group Health
Customer Service Center at(206)901-4636 in the Seattle area,or toll-free in Washington, 1-888-901-4636
Thank you for choosing Group Health Cooperative We look forward to working with you to preserve and enhance
Your health
Very truly yours,
Scott Armstrong
President
PA-113302a, CA-139502,CA-2220,CA-1984,CA-107600 ,CA-3341,CA-3344,CA-1385,CA-6100
CO2733 -0036900a
1
Benefit Booklet
Table of Contents
Section I. Introduction
A Accessing Care
B Cost Shares
1 C Subscriber's Liability
D Claims
Section II. Allowances Schedule
Section 111. Eligibility, Enrollment and Termination
I A Eligibility
B Enrollment
C Effective Date of Enrollment
D Eligibility for Medicare
I E Termination of Coverage
F Services After Termination of Agreement
G Continuation of Coverage Options
Section IV. Schedule of Benefits
A I Iospital Care
B Medical and Surgical Care
C Chemical Dependency Treatment
D Plastic and Reconstructive Sei%ices
E Home Health Care Services
1 F Hospice Care
G Rehabilitation Services
H Devices, Equipment and Supplies
I Tobacco Cessation
J Drugs, Medicines, Supplies and Devices
K Mental Health Care Services
L Emergency/Urgent Care
M Ambulance Services
N Skilled Nursmg Facility
Section V. General Exclusions
Section VI. Grievance Processes for Complaints and Appeals
I Section Vll. General Provisions
A Coordination of Benefits
B Subrogation and Reimbursement Rights
C MLscellaneOLLs Provisions
Section VIII. Definitions
IAttachment: Group Medicare Coverage
1 CO2733 -0036900a 2
Section L Introduction r
Group Health Cooperative(also referred to as"GHC")is a nonprofit health maintenance organization furnishing
health care primarily on a prepayment basis
Read This Benefit Booklet Carefully
This Benefit Booklet is a statement of benefits,exclusions and other provisions,as set forth in the Group Medical
Coverage Agreement("Agreement")between GHC and the employer or Group
A full description of benefits,exclusions, limits and Out-of-Pocket Expenses can be found in the Schedule of
Benefits, Section IV, General Exclusions, Section V, and Allowances Schedule, Section II These sections must be
considered together to fully understand the benefits available under the Agreement Words with special meaning are
capitalized They are defined in Section V III
A. Accessing Care
Members are entitled to Covered Services only at GHC Facilities and from GHC Personal Physicians.
Except as follows:
• Emergency care,
• Self-Referral to women's health care providers,as set forth below,
• Visits with GHC-Designated Self-Referral Specialists, as set forth below,
• Care provided pursuant to a Referral Referrals must be requested by the Member's Personal Physician and
approved by GHC, and
• Other services as specifically set forth in the Allowances Schedule and Section IV
Primary Care. Members must select a GHC Personal Physician when enrolling under the Agreement One
Personal Physician may be selected for an entire faimly, or a different Personal Physician may be selected for
each family membei If the Personal Physician is not selected at the time of enrollment, GHC will assign a
Personal Physician, and a letter of explanation will be sent to the Member
Selecting a Personal Physician or changing from one Personal Physician to another can be accomplished by
contacting GHC Customer Service, or accessing the GHC website at www ghc org The change will be made
within twenty-four(24) hours of the receipt of the request, if the selected physician's caseload permits
A listing of GHC Personal Physicians,Referral specialists,women's health care providers and GHC-Designated
Self-Referral Specialists is available by contacting GHC Customer Service at(206)901-4636 or(888) 901-
4636,or by accessing GHC's website at www ghc org
In the case that the Member's Personal Physician no longer participates in GHC's network,the Member will be
provided access to the Personal Physician for up to sixty (60)days following a written notice of fering the
Member a selection of new Personal Physicians from which to choose
Specialty Care. Unless otherwise indicated in this section,the Allowances Schedule or Section IV, Referrals '
are required for specialty care and specialists
GHC-Designated Self-Reterral Specialist. Members may make appointments directly with GHC-Designated
Self-Referral Specialists at Group Health-owned or-operated medical centers without a Referral from their
Personal Physician Sell-Referrals are available for the following specialty care areas allergy, auchology,
cardiology,chemical dependency, chiropractic/mampulative therapy, dermatology, gastroenterology,general
surgery,hospice, manipulative therapy, mental health, nephrology, neurology, obstetrics and gynecology,
occupational medicine*,oncology,/hematology,ophthalmology,optometry,orthopedics,otolaryngology (ear,
nose and throat),physical therapy*, smoking cessation, speech/language and learning services* and urology
r
CO2733 -0036900a 3
' * Medicare patients need a Referral for these specialists
Women's Health Care Direct Access Providers. Female Members may see a participating General and
Family Practitioner, Physician's Assistant Gynecologist,Certified Nurse Midwife, Licensed Midwife, Doctor
of Osteopathy,Pediatrician,Obstetrician or Advanced Registered Nurse Practitioner who IS contracted by GHC
1 to provide women's health care services directly, without a Referral from their Personal Physician, for
Medically Necessary maternity care,covered reproductive health services,preventive care(well care) and
general examinations,gynecological care and follow-up visits for the above services Women's health care
services are covered as if the Member's Personal Physician had been consulted,subject to any applicable Cost
Shares, as set forth in the Allowances Schedule If the Member's women's health care provider diagnoses d
condition that requires Referral to other specialists or hospitalization, the Member or her chosen provider must
obtain preauthonzation and care cootdnation in accordance with applicable GHC requirements
Second Opinions. The Member may access,upon request,a second opinion regarding a medical diagnosis or
treatment plan from a GHC Provider
Emergent and Urgent Care. Emergent care is available at GHC Facilities If Members cannot get to a GHC
Facility, Members may obtain Emergency services from the nearest hospital Members or persons assuming
responsibility for a Membei must notify GHC by way of the GHC Emergency Notification Line within twenty-
four(24)hours of admission to a non-GHC Facility, or as soon thereafter as medically possible Members may
refer to Section IV for more information about coverage of Emergency services
In the GHC Service Area,urgent care is covered only at GHC medical centers, GHC urgent care clinics or GHC
Provider's offices Urgent care received at any hospital emergency department is not covered unless authorized
in advance by a GHC Provider Members may refer to Section IV for more information about coverage of
urgent care services
Outside the GHC Sery ice Area,urgent care is covered at any medical facility Members may refer to Section
IV for more information about coverage of urgent care services
Recommended Treatment.GHC's Medical Director or his/her designee will determine the necessity,nature
and extent of treatment to be covered in each individual case and theludgment,made in good faith, will be
final
Members have the right to participate in decisions regarding their health care A Member may refuse any
recommended treatment or diagnostic plan to the extent permitted by law Members who obtain care not
recommended by GHC,do so with the full understanding that GHC has no obligation for the cost,or liability
for the outcome,of such care Coverage decisions may be appealed as set forth in Section VI
Major Disaster or Epidemic.In the event of a major disaster or epidemic,GHC will provide coverage
according to GHC's bestludgment, within the limitations of available facilities and personnel GHC has no
liability for delay or failure to provide or arrange Covered Scrvices to the extent facilities or personnel are
unavailable due to a major disaster or epidemic
Unusual Circumstances. If the provision of Covered Services is delayed or rendered impossible due to unusual
circumstances such as complete or partial destruction of facilities, military action,civil disorder, labor disputes
or similar causes,GHC shall provide or arrange for service,,that, in the reasonable opinion of GHC's Medical
Director,or his/her designee,are emergent or urgently needed In regard to nonurgent and routine set ices,
GHC shall make a good faith effort to provide services through its then-available facilities and personnel GHC
shall have the option to deCer or reschedule services that are not urgent while its facilities and services are so
affected In no case shall GHC have any liability or obligation on account of delay or failure to provide or
arrange such Services
B. Cost Shares
CO2733 -0036900a 4
The Subscriber shall be liable for the following Cost Shares when services are received by the Subscriber and
any of his/her Dependents
1. Copayments Members shall be required to pay Copayments at the time of service as set forth in the
Allowances Schedule Payment of a Copayment does not exclude the possibility of an additional billing if
the service is determined to be a non-Covered Service
2. Coinsurance.Members shall be required to pay coinsurance for certain Covered Services as set forth in the
Allowances Schedule
3. Out-of-Pocket Limit.Total Out-of-Pocket Expenses incurred during the same calendar year shall not ,
exceed the Out-of-Pocket Limit set forth in the Allowances Schedule Out-of-Pocket Expenses which apply
toward the Out-of-Pocket Limit are set forth in the Allowances Schedule
4. Deductibles. In addition to any applicable annual Deductible, there may be service-specific Deductibles as
set forth in the Allowances Schedule
C. Subscriber's Liability
The Subscriber is liable for(1) payment to the Group of his/her contribution toward the monthly premium, If
any,(2) payment of Cost Share amounts for Covered Services provided to the Subscriber and his/her
Dependents,as set forth in the Allowances Schedule, and(3) payment of any fees charged for non-Covered
Services provided to the Subscriber and his/her Dependents,at the time of service
Payment of an amount billed by GHC must be received w ithm thirty(30)days of the billing date
D. Claims
Claims for benefits may be made before or after services are obtained To make a claim for benefits under the
Agreement,a Member(or the Member's authorized representative) must contact GHC Customer Service,or
submit a claim for reimbursement as described below Other inquiries, such as asking a health care provider
about care or coverage,or submitting a prescription to a pharmacy, will not be considered a claim for benefits
If a Member receives a bill for services the Member believes are covered under the Agreement,the Member
must, within ninety(90)days of the date of service, or as soon thereafter as reasonably possible,either(I)
contact GHC Customer Service to make a claim or(2) pay the bill and submit a claim for reimbursement of
Covered Services to GHC, P O Box 34585, Seattle, WA 98 1 24-1 5 8 5 In no event,except to the absence of
legal capacity,shall a claim be accepted later than one (I)year from the date of service
GHC will generally process claims for benefits within the following timeframes after GHC receives the claims
• Pre-service claims—within fifteen(15)days
• Claims involving urgently needed care—within seventy-two(72)hours
• Concurrent care claims—within twenty-four(24)hours
• Post-service claims—within thirty (30) days
Tmmeframes for pre-service and post-service claims can be extended by GHC for up to an additional fifteen(15)
days Members will be notified in writing of such extension prior to the expiration of the initial tmmeframe
t
CO2733 -0036900a 5
Section I1. Allowances Schedule
The benefits described in this schedule are subject to all provisions, limitations and exclusions set forth in the Group
Medical Coverage Agreement
I "Welcome" Outpatient Services Waiver
Not applicable
Annual Deductible
No annual Deductible
lPlan Coinsurance
No Plan Coinsurance
Litetime Maximum
1 52,000,000 per Member for Covered Services incurred,unless otherwise indicated Up to$5,000 is restored
automatically each January 1 for benefits paid by GHC during the prior calendar year
Hospital Services
• Covered inpatient medical and surgical services, including acute chemical withdrawal(detoxification)
Covered in full
• Covered outpatient hospital surgery(including ambulatory surgical centers)
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment
' Outpatient Services
• Covered outpatient medical and surgical services
Covered subject to the lesser of GHC's charge or a Sl0 outpatient services Copayment per Member per visit
• Allergy testing
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment
• Oncology(radiation therapy,chemotherapy)
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment
IDrugs—Outpatient(including mental health drugs,contraceptive drugs and devices and diabetic supplies)
• Prescription drugs,medicines, supplies and devices for a supply of thirty(30)days or less when listed in the
' GHC drug formulary
Covered subject to the lesser of GHC's charge or a$10 Copayment
• Over-the-counter drugs and medicines
CO2733 -0036900a 6
1
Not covered
• Allergy serum 1
Covered subject to the lesser of GHC's charge or the applicable prescription drug Cost Share(as set forth
above)for each thirty (30)day supply
• Injectables
Injections that can be self-administered are subject to the lesver of GHC',v charge or the applicable prescription '
drug Cost Share(as set forth above) Injections necessary for travel are not covered
• Mail order drugs and medicines
Covered subject to the lesser of GHC'v charge or the applicable prescription drug Cost Share(as set forth
above) for each thirty(30)day supply or less 1
• Growth hormones
Covered in full
Out-of-Pocket Limit
Limited to an aggregate maximum of S2,000 per Member or$4,000 per family per calendar year Except as
otherwise noted in this Allowances Schedule, the total Out-of-Pocket Expenses for the following Covered Services
are included in the Out-of-Pocket Limit
• Inpatient services
• Outpatient services
• Emergency care at a GHC or non-GHC Facility
• Ambulance services
Acupuncture ,
Covered subject to the lesser of GHC'c charge or the applicable outpatient services Copayment for Self-Referrals to
a GHC Provider up to a maximum of eight(8) v isits per Member per medical diagnosis per calendar year When
approvedby GHC, additional visits are covered
Ambulance Services
• Emergency ground/air transport ,
Covered at 80% '
• Non-emergent ground/air mterfacility transfer
Covered at 80% for GHC-initiated transfers, except hospital-to-hospital ground transfers covered in full
Chemical Dependency
• Inpatient services
Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment
CO2733 -0036900a 7
• Outpatient services
tCovered subject to the lesser of GHC's charge or the applicable outpatient services Copayment
' • Benefit period Allowance
Covered up to S14,000 per Member per any twenty-four(24)consecutive calendar month period
1 Acute detoxification covered as any other medical service Charges incurred are not subject to the twenty-four(24)
month maximum
Dental Services(including accidental injury to natural teeth)
Not covered,except as set forth in Section IV B 24
IDevices, Equipment and Supplies (for home use)
Covered at 80% for
' • Durable medical equipment
• Orthopedic appliances
• Post-mastectomy bras limited to two(2)every six(6)months
Covered at 80% for
' • Ostomy supplies
• Prosthetic devices
When provided in a home health setting in lieu of hospitalization as described in Section IV A 3 ,benefits will be
the greater of benefits available for devices,equipment and supplies,home health or hospitalization See Hospice
for durable medical equipment provided in a hospice setting
Diabetic Supplies
Insulin,needles, syringes and lancets-see Drugs-Outpatient External insulin pumps,blood glucose monitors,
testing reagents and supplies - See Devices, Equipment and Supplies When Devices, Equipment and Supplies have
a dollar maximum,diabetic Supplies are not subject to this maximum benefit limit
Diagnostic Laboratory and Radiology Services
Covered in full
Emergency Services
• At a GHC Facility
Covered subject to the lesser of GHC's charge or a$75 Copayment per Member per Emergency visit
Copayment is waived if the Member is admitted as an inpatient to the hospital directly from the emergency
department Emergency admissions are covered subject to the applicable inpatient services Cost Share
• At a non-GHC Facility
' Covered subject to the lesser of GHC's charge or a S 125 Deductible per Member per Emergency visit.
Emergency care Deductible is waived if the Member is admitted as an inpatient to the hospital directly from the
CO2733-0036900a 8
emergency department Emergency admissions are covered subject to the applicable inpatient services Cost 1
Share
Hearing Examinations and Hearing Aids
• Hearing examinations to determine hearing loss
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment
• Hearing aids, including hearing aid examinations
Not covered
Home Health Services
Covered in full No visit limit
Hospice Services 1
Covered in full Inpatient respite care is covered for a maximum of five(5) consecutive days per occurrence
Infertility Services(including sterility)
Not covered
Manipulative Therapy
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for Self-Referrals to
a GHC Provider for manipulative therapy of the spine and extremities in accordance with GHC clinical criteria up to
a maximum of ten (10) visits per Member per calendar year When approved by GHC,additional manipulation visits
are coveted
Maternity and Pregnancy Services
• Delivery and associated Hospital Care
Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment
• Routine prenatal and postpartum care
Covered subject to the levtier of GHC's charge or the applicable outpatient services Copayment
• Pregnancy termination
Covered subject to the lesser of GHC's charge or the applicable Copayment for involuntary/voluntary ,
termination of pregnancy
Mental Health Services
• Inpatient services
Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment for up to twelve
(12)days per Member per calendar year at a GHC-approved mental health care facility
CO2733 -0036900a 9
• Outpatient services
1 Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for up to twenty
(20) visits per Member per calendar year
Naturopathy
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for Self-Referrals to
a GHC Provider up to a maximum of three(3) visits per Member per medical diagnosis per calendai year When
approved by GHC, additional visits are covered
Nutritional Services
• Phenylketonuria(PKU)supplements
Covered in full
• Enteral therapy(formula)
Covered at 80% for elemental formulas Necessary equipment and supplies are covered under Devices,
Equipment and Supplies
• Parenteral therapy(total parenteral nutrition)
Covered in full for parenteral formulas Necessary equipment and supplies are covered under Devices,
Equipment and Supplies
Obesity Related Services
Covered subject to the lesser of GHC's charge or the applicable Copayment for bariatric surgery Weight toss
programs,medications and related physivan visits for medication monitoring are not covered
On the Job Injuries or Illnesses
' Not covered, including injuries or illnesses incurred as a result of self-employment
Optical Services
• Routine eye examinations
Covered subject to the levser of GHC's charge or the applicable outpatient services Copayment once every
twelve(12)months
• Lenses, including contact lenses,and frames
Not covered,except contact lens after cataract surgery is covered in full when in lieu of an intraocular lens
Organ Transplants
Covered subject to the lesser of GHC'v charge or the applicable Copayment up to a$250,000 lifetime benefit
maximum(including organ acquisition, matching and donor costs up to 550,000),and a six(6) month benefit wait
period
Plastic and Reconstructive Services(plastic surgery, cosmetic surgery)
CO2733-0036900a 10
• Surgery to correct a congenital disease or anomaly,or conditions following an injury or resulting from surgery
Covered subject to the levser of GHC's charge or the applicable Copayment
• Cosmetic surgery, including complications resulting from cosmetic surgery '
Not covered
Podiatric Services
• Medically Necessary foot care
Covered subject to the lesser of GHC's charge or the applicable Copayment '
• Foot care(routine)
Not covered,except in the presence of a non-related Medical Condition affecting the lower limbs
Pre-Existing Condition
Covered with no wait
Preventive Services(well adult and well child physicals, immunizations,pap smears, mammograms and
prostateAeolorectal cancer scrcenmg)
Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment when in accordance
with the well care schedule established by GHC Eye refractiom are not included under preventive care Phyvcals
for travel,employment, insurance or licen,e are not covered
Rehabilitation Services
• Inpatient physical, occupational and restorative speech therapy services combined, including services for
neurodevelopmentally disabled children age six(6) and under ,
Covered subject to the levser of GHC%charge or the applicable inpatient services Copayment for up to sixty
(60)days per calendar year
• Outpatient physical,occupational and restorative speech therapy services combined, including services for
neurodevelopmentally disabled children age six(6) and under
Covered subject to the lesser of GHC'v charge or the applicable outpatient services Copayment for up to sixty
(60) v wits per calendar year
Sexual Dysfunction Services
Not covered
Skilled Nursing Facility (SNF)
Covered in full up to thirty(30)days per condition per Member per calendar year '
Sterilization(vasectomy,tubal ligation)
CO2733 -0036900a Il
Covered subject to the lesser of GHC's charge or the applicable Copayments
Temporomandibular Joint(TMJ)Services
• Inpatient and outpatient TMJ services
Covered subject to the lesser of GHC's charge or the applicable Copayment up to S 1,000 maximum per
Member per calendar year
• Lifetime benefit maximum
Covered up to $5,000 per Member
' Tobacco Cessation
• Individual group sessions
Covered to full
1 • Approved pharmacy products
Covered in full when prescribed as part of the GHC-designated tobacco cessation program and dispensed
through the GHC mail order service
Section III. Eligibility, Enrollment and Termination
A. Eligibility
In order to be accepted for enrollment and continuing coverage under the Agreement, individuals must meet any
eligibility requirements imposed by the Group, reside or work in the Service Area and meet all applicable
requirements set forth below,except for temporaty residency outside the Service Area for purposes of attending
school, court-ordered coverage for Dependents or other unique family arrangements,when approved in advance
by GHC GHC has the right to verify eligibility
1 I Subscribers Bona fide emplovees and LEOFF 1I employees who have been continuously employed on a
regularly scheduled basis of not less than twenty-one(21) hours per week, or lobshare, shall be eligible for
enrollment Elected officials and council members shall be eligible for enrollment LEOFF I employees
will not be covered under this Agreement
2. Dependents. The Subscriber may also enroll the following
' a The Subscriber's legal spouse,
b Unmarried dependent children who are under the age of twenty-five(25)and are dependent on the
Subscriber for support and maintenance, provided proof of such dependency is furnished to GHC upon
request
"Children" means the children of the Subscriber, including adopted children, stepchildren,children for
whom the Subscriber has a qualified court order to provide coverage and any other children for whom
the .SubSLiiber is the legal guardian
ICO2733-0036900a 12
Eligibility may be extended past the Dependent's limiting age as set forth above if the Dependent is
totally incapable of self-sustaining employment because of a developmental or physical disability
incurred prior to attainment of the limiting age set forth above, and is chietly dependent upon the
Subscriber for support and maintenance Enrollment for such a Dependent may be continued for the
duration of the continuous total incapacity, provided enrollment does not terminate for any other
reason Medical proof of incapacity and proof of financial dependency most be furnished to GHC upon
request,but not more frequently than annually after the two(2)year period following the Dependent's
attainment of the limiting age
3. Temporary Coverage for Newborns. When a Member gives birth, the newborn will be entitled to the
benefits set forth in Section IV from birth through three (3)weeks of age After three(3)weeks of age, no
benefits are available unless the newborn child qualifies as a Dependent and is enrolled under the
Agreement All contract provisions, limitations and exclusions will apply except Section I II F and Ili G
B. Enrollment
1. Application for Enrollment.Application for enrollment must be made on an application approved by i
GHC Applicants will not be enrolled or premiums accepted until the completed application has been
approved by GHC The Group is responsible for submitting completed applications to GHC
GHC reserves the right to refuse enrollment to any person whose coverage under any Medical Coverage
Agreement issued by Group Health Cooperative or Group Health Options, Inc has been terminated for
cause, as set forth in Section Ill E below
a. Newly Eligible Persons.Newly eligible Subscribers and their Dependents may apply for enrollment in
writing to the Group within thirty-one(31)days of becoming eligible
b. New Dependents. A written application for enrollment of a newly dependent person,other than a
newborn or adopted newborn child, must be made to the Group within thirty-one(31)days after the
dependency occurs '
A written application for enrollment of a newborn child must be made to the Group within sixty(60)
days following the date of birth, when there is a change in the monthly premium payment as a i esult of
the additional Dependent
A written application for enrollment of an adoptive child must be made to the Group within sixty(60)
days from the day the child is placed with the Subscriber for the purpose of adoption and the
Subscriber assumes total or partial financial support of the child, if there is a change in the monthly
premium payment as a result of the additional Dependent
When there is no change in the monthly premium payment, it is strongly advised that the Subscriber
enroll the newborn or newly adoptive child as a Dependent with the Group to avoid delays in the
payment of claims
e. Open Enrollment. GHC will allow enrollment of Subscribers and Dependents.who did not enroll
when newly eligible as described above,during a limited period of time specified by the Group and
GHC
d. Special Enrollment. '
l) GHC will allow special enrollment for persons
a) who initially declined enrollment when otherwise eligible because such persons had other health
care covei age and have had such other coverage terminated due to one of the Iollowmg events
• cessation of employer contributions,
• exhaustion of COBRA continuation coverage,
• loss of eligibility,except for loss of eligibility for cause,or
b) who have had such other coverage exhausted because such person reached a Lifetime Maximum
limit
CO2733 -0036900a 13
i
GHC or the Group may require confirmation that when initially offered coverage such persons
submitted a written Statement declining because of other coverage Application for coverage under
the Agreement must be made within thirty-one(31)days of the termination of previous coverage
2) GHC will allow special enrollment for the person eligible to be a Subscriber,his/her spouse and
the newly acquired Dependent in the event one of the following occurs
• marriage Application for coverage under the Agreement must be made within thirty-one(31)
days of the date of marriage
I • birth Application for coverage under the Agreement must be made within sixty(60)days of
the date of birth
• adoption or placement for adoption Apphcation for coverage under the Agreement must be
made within sixty(60)days of the adoption or placement for adoption
• eligibility for medical assistance provided such person is otherwise eligible for coverage
under this Agreement, when approved and requested in advance by the Department of Social
and Health Services(DSHS)
2. Limitation on Enrollment. The Agreement will be open for applications for enrollment as set forth in this
Section I I B Subject to prior approval by the Washington State Office of the Insurance Commissioner,
GHC may limit enrollment, establish quotas or set priorities for acceptance of new applications if it
determines that GHC's capacity, in relation to its total enrollment, is not adequate to provide services to
additional persons
' C. Effective Date of Enrollment
1 Prov ided eligibility Lriteria are met and applications for enrollment are made as set forth in Sections III A
and IIi B above,enrollment will be effective as follows
• Enrollment for a newly eligible Subscriber and listed Dependents is effective on the date of hire
provided the Subscriber's application has been submitted to and approved by GHC
• Subscribers who return to work from a leave without pay status within ninety (90)days shall be
eligible foi enrollment on the first(I st)of the month following the date of return to work
• Enrollment for a newly dependent person, other than a newborn or adoptive child, is effective on the
first(1 st) of the month following the date eligibility requirements are met
• Enrollment for newborns is effective from the date of birth
• Enrollment for adoptive children is effective from the date that the adoptive child is placed with the
Subscriber for the purpose of adoption and the Subscriber assumes total or partial Financial support of
the child
2. Commencement of Benefits for Persons Hospitalised on Effective Date.Members who are admitted to
an inpatient facility prior to their enrollment under the Agreement,and who do not have coverage under
another agreement,will receive covered benefits beginning on their effective date,as set forth in subsection
C I above If a Member is hospitalised in a non-GHC Facility, GHC reserves the right to require transfer
of the Member to a GHC Facility The Member will be transferred when a GHC Provider, in consultation
with the attending physician,determines that the Member is medically stable to do so I f the Member
refuses to transfer to a GHC Facility, alll further costs incurred during the hospitalization are the
responsibility of the Member
' D. Eligibility for Medicare
Actively Employed Members and Spouses. Under the Tax Equity and Fiscal Responsibility Act of 1982
(TEFRA),actively employed Members and their spouses who are eligible for Medicare benefits must decide
whether to choose the benefits of the Agreement or the Medicare program as their pin-nary source of health care
coverage Be Group is responsible for providing the Member with necessary information regarding TETRA
eligibility and the selection process
Members Residing Outside the GHC Medicare Advantage Service Area and Not Actively Employed. if a
Member who is not actively employed or their spouse is or becomes eligible for Medicate, GHC requests that,
effective the date that Medicare becomes the primary payer, the Member or their spouse enroll in and maintain
both Medicare Parts A and B coverage
CO2733 -0036900a 14
An individual shall be deemed eligible for Medicare when he/she has the option to receive Part A Medicare
benefits
Medicare primary/secondary payer guidelines and regulations will determine primary/secondary payer status ,
Members Residing Inside the GHC Medicare Advantage Service Area and-Not Actively Employed. Ira
Member who is not actively employed or their spouse is or becomes eligible for Medicare, they must, el lective
the date that Medicare becomes the primary payer, enroll in and maintain both Medicare Parts A and B
coverage and enroll in the GHC Medicare Advantage Plan Failure to do so upon the effective date of Medicare
eligibility will result in termination of coverage under the Agreement
An individual shall be deemed eligible for Medicare when he/she has the option to receive Part A Medicare '
benefits
All applicable provisions of the GHC Medicare Advantage Plan are fully set forth in the Medicare
Endorsement(s)attached to the Agreement(if applicable)
E. Termination of Coverage '
I. Termination of Specific Members. Specific Members may be terminated from the Agreement for any of
the following reasons
a. Loss of Eligibility. Ira Member no longer meets the eligibility requirements set forth in Section BI ,
and is not enrolled for continuation coverage as described in Section Ill G below, coverage under the
Agreement will teimmate at the end of the month during which the loss of ehgibihty occurs, unless
otherwise specified by the Group
b. For Cause.Coverage of a Member may be terminated upon ten(10)working days written notice for
i Material misrepresentation, fraud or omission of information in order to obtain coverage
it Permitting the use of a GHC identification card or number by another person, or using another
Member's identification card or number to obtain care to which a person is not entitled
in Nonpayment of charges,as set forth in Section I C
In the event of termination for cause,GHC reserves the right to pursue all civil remedies allowable
under federal and state law for the collection of claims, losses or other damages '
c. Premium Payments Nonpayment of premiums or contribution for a specific Member by the Group
In no event will a Member be tenmmated solely on the basis of their physical or mental condition provided
they meet all other eligibility requirements set forth in the Agreement
Any Member may appeal a termination decision through GHC's grievance process as set forth in Section
VI
2. Certificate of Creditable Coverage. Unless the Group has chosen to accept this responsibility,a
certificate of creditable coverage(which provides information regarding the Member's length of coverage
under the Agreement) will be issued automatically upon termination of coverage, and may also be obtained
upon request
F. Services After Termination of Agreement '
1. Members Hospitalized on the Date of Termination. A Member who is receiving Covered Services as a
registered bed patient in a hospital on the date of termination shall continue to be eligible for Covered
Services while an inpatient for the condition which the Member was hospitalized until one of the following
events occurs
• According to GHC clinical criteria, it is no longer Medically Necessary for the Member to be an
inpatient at the facility
CO2733 -0036900a 15
• The remaining benefits available under the Agreement for the hospitalization are exhausted, regardless
of whether a new calendar year begins
• The Member becomes covered under another agreement with a group health plan that provides benefits
for the hospitalization
• The Member becomes enrolled under an agreement with another carrier that would provide benefits for
the hospitalization if the Agreement did not exist
• The Member becomes eligible for Medicare
This provision will not apply if the Member is covered under another agreement that provides benefits for
the hospitalization at the time coverage would terminate,except as set forth in this section,or if the
Membet is eligible for COBRA continuation coverage as set forth in subsection G below
2. Services Provided After Termination. The Subscriber shall be liable for payment of all charges for
services and items pro),ided to the Subscriber and all Dependents after the effective date of termination,
except those services covered under subsection F I above Any services provided by GHC will be charged
according to the Fee Schedule
G. Continuation of Coverage Options
1. Continuation Option. A Member no longer eligible for coverage under the Agreement (except in the
event of termination for cause,as set forth in Section Ill E) may continue coverage for a pet iod of up to
three(3) months subject to notification to and self-payment of premiums to the Group This provision will
not apply if the Member is eligible for the continuation coverage provisions of the Consolidated Omnibus
Budget Reconciliation Act of 1955 (COBRA) This continuation option is not available if the Group no
longer has active employees or otherwise terminates
2. Leave of Absence. While on a Group approved leave of absence, the Subscriber and listed Dependents can
continue to be covered under the Agreement provided
• They remain eligible for coverage,as set forth in Section III A,
• Such leave is in compliance with the Group's established leave of absence policy that is consistently
applied to all employees,
• The Group's leave of absence policy is in compliance with the Family and Medical Leave Act when
applicable,and
• The Group continues to remit premiums for the Subscriber and Dependents to GHC
' 3. Self-Payments During Labor Disputes. In the event of suspension or termination of employee
compensation due to a strike, lock-out or other labor dispute, a Subscriber may continue uninterrupted
coverage under the Agreement through payment of monthly premiums directly to the Group Coverage may
be continued for the lesser of the term of the strike, lock-out or other labor dispute,or for six(6) months
after the cessation of work.
If the Agreement is no longer available,the Subscriber shall have the opportunity to apply for an individual
GHC Group Conversion Plan or, if applicable,continuation coverage(see subsection 4 below),or an
Indio ideal and Family Medical Coverage Agreement at the duly approved rates
The Group is responsible for immediately notifying each affected Subscriber of his/her rights of self-
payment under this provision.
' 4. Continuation Coverage Under Federal Law. This section applies only to Groups who must offer
continuation coverage under the applicable provisions of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA),as amended,and only applies to grant continuation of coverage rights to the extent
required by federal law
Upon loss of eligibility,continuation of Group coverage may be available to a Member for a limited time
after the Member would otherwise lose eligibility, if required by COBRA The Gtoup shall inform
Members of the COBRA electron process and how much the Member will be required to pay directly to the
Group
CO2733 -0036900a 16
5. GHC Group Conversion Plan. Members whose eligibility for coverage under the Agreement, including
continuation coverage, is tei urinated for any reason other than cause,as set forth in Section 111 E I b , and
who aie not eligible for Medicare or covered by another group health plan, may convert to GHC',Group
Conversion Plan If the Agreement terminates, any Member covered under the Agreement at termination
may convert to a GHC Group Conversion Plan, unless he/she is eligible to obtain other group health
coverage within thirty-one (3 1) days of the termination of the Agreement
An application for conversion must be made within thirty-one(31)days following termination of coverage
under the Agreement Coverage under GHC's Group Conversion Plan is subject to all terms and conditions
of such plan, including premium payments A physical examination or statement of health is not required
for enrollment in GHC's Group Conversion Plan The Pre-Existing Condition limitation under GHC's
Group Conversion Plan will apply only to the extent that the limitation remains unfulfilled tinder the
Agreement
By exercising Group Conversion rights, the Member may waive guaranteed issue and Pre-Existing ,
Condition waiver rights under Federal regulations
Persons wishing to purchase GHC's Individual and Family coverage should contact GHC Marketing
Section IV. Schedule of Benefits
Benefits are subject to all provisions of the Group Medical Coverage Agreement,including,without
limitation,the Accessing Care provisions and General Exclusions. Members must refer to Section H.,the
Allowances Schedule,for Cost Shares and specific benefit limits that apply to benefits listed in this Schedule
of Benefits. Members are entitled to receive only benefits and services that are Medically Necessary and
clinically appropriate for the treatment of a Medical Condition as determined by GHC's Medical Director,or
his/her designee,and as described herein. All Covered Services are subject to case management and
utilization review at the discretion of GHC.
A. Hospital Care
Hospital coverage is limited to the following services
I Room and board, including private room when prescribed,and general nursing services
2 Hospital services(including use of operating room, anesthesia,oxygen,x-ray, laboratory and radiotherapy ,
services)
3 Alternative care arrangements may be covered as a cost-effective alternative in lieu of otherwise covered ,
Medically Necessary hospitalization, or other covered Medically Necessary institutional care Alternative
care arrangements in lieu of covered hospital or other institutional care must be determined to be
appropriate and Medically Necessary based upon the Members Medical Condition Coverage must be
authorized in advance by GHC as appropriate and Medically Necessary Such care will be covered to the
same extent the replaced Hospital Care is covered under the Agreement
4 Drugs and medications administered during confinement '
5 Special duty nursing,when prescribed as Medically Necessary.
If a Member is hospitalized in a non-GHC Facility,GHC reserves the right to require transfer of the Member to
a GHC Facility, upon consultation between a GHC Provider and the attending physician if the Member refuses
to transfer, all further costs incurred during the hospitalization are the responsibility of the Member
B. Medical and Surgical Care
Medical and surgical coverage is limited to the following
1 Surgical services
CO2733 -0036900a 17
2 Diagnostic x-ray,nuclear medicine,ultrasound and laboratory services
3 Family planning counseling services.
' 4 Hearing examinations to determine hearing loss
5 Blood and blood derivatives and their administration.
6 Preventive care(well care)services for health maintenance in accordance with the well care schedule
established by GHC Preventive care includes routine mammography screening, physical examinations
and routine laboratory tests for cancer screening in accordance with the well care schedule established by
GHC and immunizations and vaccinations listed as covered in the GHC drug formulary(approved drug
list) A fee may be charged for health education programs The well case schedule is available in GHC
clinics, by accessing GHC's website at www ghc org,or upon request
Covered Services provided during a preventive care visit,which are not in accordance with the GHC well
care schedule,are subject to the applicable Cost Shares
' 7 Radiation therapy services
8 Reduction of a fracture or dislocation of thetaw or facial bones, excision of tumors or non-dental cysts of
the taw,cheeks, lips, tongue,gums, roof and floor of the mouth, and incision of salivary glands and ducts
9 Medical implants
Excluded internally implanted insulin pumps,artificial hearts, artificial larynx and any other implantable
device that has not been approved by GHC's Medical Director,of his/her designee
10 Respiratory therapy
11 Outpatient total parenteral nutritional therapy,outpatient elemental formulas for malabsorption, and dietary
formula for the treatment of pheny Iketonuria(PKU) Coverage for PKU formula is not subtec.t to a Pre-
Existing Condition waiting period, if dpplicable
Equipment and supplies for the administration of enteral and parenteral therapy are covered under Devices,
Equipment and Supplies
Excluded any other dietary formulas,oral nutritional supplements, special diets,prepared foods/meals and
formula for access problems
12 Visits with GHC Providers, including consultations and second opinions, in the hospital or provider's
office
13 Optical services
Routine eye examinations and refractions received at a GHC Facility once every twelve(12)months,
except when Medically Necessary
When dispensed through GHC Facilities,one contact lens per diseased eye in lieu of an intraocular lens,
including exam and fitting, is covered for Membeis following cataract surgery performed by a GHC
Provider, provided the Member has been continuously covered by GHC ',nice such surgery Replacement
of a coveted contact lens will be covered only when needed due to a change in the Member's Medical
Condition, but no more than once in a twelve(12) month period
Excluded evaluations and surgical procedures to correct refractions not related to eye pathology and
complications related to such procedures and contact lens fittings and related examinations,except as set
forth above
CO2733 -0036900a 18
14 Maternity care, including care for complications of pregnancy and prenatal and postpartum visits
Prenatal testing for the detection of congenital and heritable disorders when Medically Necessary as '
determined by GHC's Medical Director, or his/her designee, and in accordance with Board of Health
standards for screening and diagnostic tests during pregnancy
Hospitalization and delivery, including home births for low risk pregnancies Planned home births must be
authorized in advance by GHC
Voluntary(not medically indicated and nontherapeutic)or involuntary termination of pregnancy
The Member's physician,in consultation with the Member,will determine the Member's length of
inpatient stay following delivery Pregnancy will not be excluded as a Pre-Existing Condition under the
Agreement Treatment for post-partum depression or psychosis is covered only under the mental health
benefit '
Excluded birthing tubs and genetic testing of non-Members for the detection of congenital and heritable
disorders
15 Transplant services, including heart, heart-lung, single lung, double lung, kidney, pancreas, cornea,
intesttnal/inultt-visceral, bone marrow. liver transplants and stem cell support(obtained from allogeneic or
autologous peripheral blood or marrow) with associated high dose chemotherapy Services aie limited to
the following
a Inpatient and outpatient medical expenses listed below for transplantation procedures Covered
Services must be directly associated with,and occur at the time of, the transplant The following
transplantation expenses are subject to the organ recipient's lifetime benefit maximum set forth in the
Allowances Schedule
• Evaluation testing to determine recipient candidacy,
• Donor matching tests,
• Hospital charges,
• Procurement center fees,
• Prolessional fees,
• Travel costs for a surgical team,
• Excision fees, and
• Donor costs for a covered organ recipient are limited to procurement center fees,travel costs for a
surgical team and excision fees
b Follow-up services for specialty visits,
c Rehospitalization, and
d Maintenance medications
Excluded donor costs to the extent that they are reimbursable by the organ donor's insurance, treatment of
donor complications,living expenses and transportation expenses,except as set forth under Section IV M
Coverage for all transplants and any related services and items shall be excluded until the Member has been
continuously enrolled under the Agreement, or any prior GHC or GHO Medical Coverage Agreement, for
six (6)consecutive months without any lapse in coverage, except for children who have been continuously
enrolled with GHC since birth, or if the Member requires a transplant as the result of a condition which had
a sudden unexpected onset after the Member's effective date of coverage
16 Manipulative therapy
Self-Referrals for manipulative therapy of the spine and extremities are covered as set forth in the
Allowances Schedule when provided by GHC Providers
CO2733-0036900a 19
Additional visits are covered when approved by GHC
Excluded supportive care rendered primarily to maintain the level of correction already achieved,care
rendered primarily for the convenience of the Member, care rendered on a non-acute, asymptomatic basis
and charges for any other services that do not meet GHC clinical criteria as Medically Necessary
17 Medical and surgical services and related hospital charges, including orthognathtc(law) surgery, for the
treatment of temporomandibular Joint(TMJ)disorders Such disorders may exhibit themselves in the form
of pain infection, disease,difficulty in speaking or difficulty in chewing or swallowing food TMJ
appliances are covered as set forth under Section IV H l , Orthopedic Appliances
Othognathic(law)surgery for the treatment of TMJ disorders,radiology services and TMJ specialist
services, including fitting/adjustment of splints are subject to the benefit limit set forth in the Allowances
Schedule
Excluded are the following orthognathtc(law) surgery in the absence of a TMJ or severe obstructive steep
apnea diagnosis except for congenital anomalies,treatment for cosmetic purposes, dental services,
including orthodontic therapy and any hospitalizations related to these exclusions
18 Treatment of growth disorders by growth hormones
19 Diabetic training and education
20 Detoxification services for alcoholism and drug abuse
' For the purposes of this section, "acute chemical withdrawal"means withdrawal of alcohol and/or drugs
from a Member for whom consequences of abstinence are so severe that they iequire medical/nursing
assistance in a hospital setting,which is needed immediately to prevent serious impairment to the Member's
health
Coverage for acute chemical withdrawal is provided without prior approval If a Member is hospitalized in
a non-GHC Facility/program,coverage is subject to payment of the Emergency Deductible The Member
or person assuming responsibility for the Member must notify GHC by way of the GHC Notification Line
within twenty-four(24) hours following inpatient admission.or as soon theieafter as medically possible
Furthermore, if a Member is hospitalized in a non-GHC Facility/program, Gf IC reserves the right to require
transfer of the Member to a GHC Facililyiprogranm upon consultation between a GHC Provider and the
attending physician If the Membei refuses transfer to a GHC Facility/program, all further costs incurred
during the hospitalization are the responsibility of the Member
21 Circumcision
22 Bartatric surgery and related hospitalizations when GHC criteria are met
' Excluded pre and post surgical nutritional counseling and related weight loss programs,prescribing and
monitoring of drugs, structured weight loss and/or exercise programs and specialized nutritional
counseling
23 Sterilization procedures
24 General anesthesia services and related facility charges for dental procedures w ill be covered for Members
who are under seven(7) years of age,or are physically or developmentally disabled or have a Medical
Condition where the Member's health would be put at risk if the dental proceduic were performed in a
dentist's office Such services must be authorized in advance by GHC and performed at a GHC hospital or
ambulatory surgical facility
Excluded dentist's or oral surgeon's fees
CO2733-0036900a 20
25 Self-Referrals to GHC acupuncturists and naturopaths for Covered Services,as set forth in the Allowances
Schedule Additional visits are covered when approved by GHC Laboratory and radiology services are
covered only when obtained through a GHC Facility
Excluded herbal supplements,preventive care visits to acupuncturists and any services not within the
scope of their hcensure
26 Once Pre-Existing Condition wait periods, if any,have been met, Pre-Existing Conditions are covered in
the same manner as any other illness
C. Chemical Dependency Treatment. '
Chemical dependency means an illness characterized by a physiological or psychological dependency,or both,
on a controlled Substance and/or alcoholic beverages,and where the user's health is substantially impaired or
endangered or his/her social or economic function is Substantially disrupted
For the purposes of this section, the definition of Medically Necessary shall be expanded to include those
services necessary to treat a chenucal dependency condition that is having a clinically significant impact on a
Member's emotional, social,medical and/or occupational functioning
Chemical dependency treatment services are covered as set forth below at a GHC Facility or GHC-approved
treatment program, sublect to the benefit period Allowance set forth in the Allowances Schedule Any Cost
Shares for chemical dependency services under the terms of the Agreement shall not be applied toward the
benefit period Allowance
1. Chemical Dependency Treatment Services.All alcoholism and/or drug abuse treatment services must be
(a) provided at a facility as described above,and (b)deemed Medically Necessary as defined above
Chemical dependency treatment may include the following services received on an inpatient or outpatient
basis diagnostic evaluation and education,organized individual and group counseling and/or prescription
drugs and medicines
Court-ordered treatment shall be covered only if determined to be Medically Necessary as defined above '
2. Benefit Period. For the purposes of this section, "benefit period" shall mean a twenty-four(24)consecutive
calendar month period during which the Member is eligible to receive covered chemical dependency
treatment service,,as set forth in this section The first benefit period shall begin on the first day the
Member receives covered chemical dependency services and shall continue for twenty-four(24)
consecutive calendar months, provided that coverage under the Agreement remams in force All subsequent
benefit periods thereafter will begin on the first day Covered Services are received after the expiration of
the previous twenty-four(24) month benefit period
D. Plastic and Reconstructive Services. Plastic and reconstructive services are covered as set forth below
I Correction of a congenital disease or congenital anomaly,as determined by a GHC Provider A congenital ,
anomaly will be considered to exist if the Member's appearance resulting fiom such condition is not within
the range of normal human variation ,
2 Correction of a Medical Condition following an injury or resulting from surgery covered by GHC which
has produced a major effect on the Member's appearance,when in the opinion of a GHC Provider, such
services can reasonably be expected to correct the condition
3 Reconstructive surgery and associated procedures, including internal breast prostheses, following a
mastectomy, regardless of when the mastectomy was performed '
Members will be covered for all stages of reconstruction on the non-diseased breast to make It equivalent in
size with the diseased breast
Complications of covered mastectomy services, including lymphedemas, are covered '
CO2733 -0036900a 21
Excluded complications of noncovered surgical services
E. Home Health Care Services. Home health care services,as set forth in this section,shall be covered when
provided by and referred in advance by a GHC Provider for Members who meet the following criteria
1 The Member Is unable to leave home due to his/her health problem or illness Unwillingness to travel
and/or arrange for transportation does not constitute inability to leave the home
2 The Member requires intermittent skilled home health care services,as described below
3 A GHC Provider has determined that such sery ices are Medically Necessary and are most appropi iately
rendered in the Member's home
For the purposes of this section, "skilled home health care"means reasonable and necessary care for the
treatment of an illness or injury which requires the skill of a nurse or therapist,based on the complexity of the
service and the condition of the patient and which is performed directly by an appropriately licensed
professional provider
' Covered Services for home health care may include the following when rendered pursuant to an approved home
health care plan of treatment nursing care,physical therapy,occupational therapy,respiratory therapy.
restorative speech therapy, durable medical equipment and medical social worker and limited home health aide
services Home health services are covered on an intermittent basis in the Member's home "Intermittent" means
I care that is to be rendered because of a medically predictable recurring need for skilled home health care
services
Excluded custodial care and maintenance care,private duty or continuous nursing care in the Member's home,
housekeeping or meal services,care in any nursing home or convalescent facility, any care provided by or for a
member of the patient's fanmly and any other services rendered in the home which do not meet the definition of
skilled home health care above or are not specifically listed as covered under the Agreement
F. Hospice Care. Hospice care is covered in lieu of curative treatment for termmal illness for Members who meet
all of the following criteria
• A GHC Provider has determined that the Member's illness is terminal and life expectancy is six(6)months
or less
• The Member has chosen a palliative treatment focus (emphasizing comfort and supportive services rather
than treatment aimed at curing the Member's terminal illness)
• The Member has elected in writing to receive hospice care through GHC's Hospice Program or GHC's
approved hospice program
• The Member has available a primary care person who will be responsible for the Member's home care
• A GHC Provider and GHC's Hospice Director, or his/her designee, have determined that the Member's
illness can be appropriately managed in the home
Hospice care shall mean a coordinated program of palliative and supportive care for dy mg Members by an
interdisciplinary team of professionals and volunteers centering primarily in the Member's home
1. Covered Services Care may include the following as prescribed by a GHC Provider and rendered pursuant
to an approved hospice plan of treatment
a. Home Services
I Intermittent care by a hospice interdisciplinary team which may include services by a physician,
nurse, medical social worker,physical therapist, speech therapist.occupational therapist,
respiratory therapist, hmited services by a Home Health Aide under the supervision of a
Registered Nurse and homemaker services
u Continuous care sei vices in the Member's home when prescribed by a GHC Prov ider, as set forth
in this paragraph "Continuous care"means skilled nursing care provided in the home during a
period of crisis in order to maintain the tenninally ill Member at home Continuous care may be
provided for pain or symptom management by a Registered N urse, Licensed Practical Nurse or
CO2733 -0036900a 22
Home Health Aide under the supervision of a Registered Nurse Continuous care is covered up to
twenty-four(24)hours per day during periods of crisis Continuous care is covered only when a
GHC Provider determines that the Member would otherwise require hospitalization in an acute
care facility
b. Inpatient Hospice Services. For short-term care, inpatient hospice services shall be covered in a
facility designated by GHC's Hospice Program or GHC-approved hospice program when authorized in
advance by a GHC Provider and GHC's Hospice Program or GHC-approved hospice program
Inpatient respite care is covered for a maximum of five(5)consecutive days per occurrence in order to
continue care for the Member in the temporary absence of the Member s primary care giver(s)
c Other covered hospice services may include the following
1 Drugs and biologicals that are used primarily for the relief of pain and symptom management
it Medical appliances and supplies primarily for the relief of pain and Symptom management
in Durable medical equipment
iv Counseling services for the Member and his/her primary care-giver(s)
v Bereavement counseling services for the family
2. Hospice Exclusions. All services not specifically listed as covered in this section are excluded, including
a Financial or legal counseling services
b Meal services
c Custodial or maintenance care in the home or on an inpatient basis,except as provided above
d Services not specifically listed as covered by the Agreement
e Any services provided by members of the patient's family
f All other exclusions listed in Section V, General Exclusions, apply
G. Rehabilitation Services.
1 Rehabilitation services are covered as set forth in this section, limited to the following physical therapy,
occupational therapy, and speech therapy to restore function following illness, injury or surgery Services
are subject to all terms,conditions and limitations of the Agieement, including the following
a All services must be provided at a GHC or GHC-approved rehabilitation facility and must be
prescribed and provided by a GHC-approved rehabilitation team that may include medical,nursing, ,
physical therapy,occupational therapy, massage therapy and speech therapy providers
b Services are limited to those necessary to restore or improve functional abilities when physical,
sensor-perceptual and/or communication impairment exists due to injury, illness or surgery Such
services are provided only when GHC's Medical Director, or his/her designee, determines that
significant,measuiabte improvement to the Member's condition can be expected within a sixty(60)
day period as a consequence of intervention by covered therapy services described in paragraph a,
above
c Coverage for inpatient and outpatient services is limited to the Allowance set forth in the Allowances '
Schedule
Excluded specialty rehabilitation programs not provided by GHC, Ion.--term rehabilitation programs,
physical therapy, occupational therapy and speech therapy services when such services are available
(whether application IN made or not) through programs offered by public school districts, therapy for
degenerative or static conditions when the expected outcome IS prmarty to maintain the Member's level of
functioning(except as set forth in subsection 2 below), recreational, life-enhancing relaxation or palliative
therapy, implementation of home maintenance programs, programs for treatment of learning problems, any
services not specitcally included as covered in this section, and any services that are excluded under
Section V
2. Neurodevelopmental Therapies for Children Age Six(6) and Under. Physical therapy,occupational j
therapy and speech therapy services for the restoration and improvement of function for
CO2733-0036900a 23
neurodevelopmentally disabled children age six(6)and under shall be covered Coverage includes
maintenance of a covered Member in cases where significant deterioration in the Member's condition
would result without the services Coverage for inpatient and outpatient services is limited to the
Allowance set forth in the Allowances Schedule
Excluded specialty rehabilitation programs not provided by GHC, long-term rehabilitation programs,
physical therapy,occupational therapy and speech therapy services when such services are available
(whether application is made or not) through programs offered by public school districts, recreational, life-
enhancing, relaxation or palliative therapy, implementation of home maintenance programs, programs for
treatment of learning problems, any services not specifically included as covered in this section, and any
services that are excluded under Section V
H. Devices, Equipment and Supplies.
Devices, equipment and supplies, which restore or replace functions that are common and necessary to perform
basic activities of daily living, are covered as set forth in the Allowances Schedule Examples of basic acUvrties
of daily living are dressing and feeding oneself, maintaining personal hygiene, lifting and gripping in order to
prepare meals and carrying groceries
1. Orthopedic Appliances.Orthopedic appliances,which are attached to an impaired body segment for the
purpose of protecting the segment or assnting ul restoration or improvement of its function
Excluded arch supports, including custom shoe modifications or inserts and their fittings except for
therapeutic shoes, modifications and shoe inserts for severe diabetic foot disease,and orthopedic shoes that
are not attached to an appliance
2. Ostomy Supplies. Ostomy supplies for the removal of bodily secretions or waste through an artificial
opening
3. Durable Medical Equipment. Durable medical equipment is equipment which can withstand repeated
use is primarily and uistomanly used to serve a medical purpose, is useful only in the presence of an
illness or injury and used in the Member's home Durable medical equipment includes hospital beds,
wheelchairs,walkers,crtitches,canes, glucose monitors,external insulin pumps,oxygen and oxygen
equipment GHC, in its sole discretion, will determine if equipment is made available on a rental or
purchase basis
4. Prosthetic Devices. Prosthetic devices are items which replace all or part of an external body part,or
function thereof
When authorized in advance,repair,adjustment or replacement of appliances and equipment is covered
Excluded items which are not necessary to restore or replace functions of basic activities of daily living,and
replacement or repair of appliances,devices and supplies due to loss,breakage from willful damage, neglect or
wrongful use,or due to personal preference
L Tobacco Cessation. When provided through GHC,services related to tobacco cessation are covered, limited to
1 participation in one individual or group program per calendar year,
2 educational materials, and
3 approved pharmacy products provided the Member is actively participating in a GHC-designated tobacco
cessation program
J. Drugs,Medicines,Supplies and Devices. This benefit, for purposes of creditable coverage, is actuarially
equal to or greater than the Medicare Part D prescription drug benefit Eligible Members who are also eligible
for Medicare Part D pharmacy benefits can remain covered under the Agreement and not be subject to
Medicare-imposed late enrollment penalties should they decide to enroll in a Medicare Part D pharmacy plan at
a later date
CO2733 -0036900a 24
The Agreement may include Medicare Part D pharmacy benefits as part of the GHC Medicare Advantage Plan
required for Medicare eligible Members who live in the GHC Medicare Advantage Service Area See Section
III D for more information
A Member who discontinues coverage under the Agreement must meet eligibility requirements in order to re-
enroll
Legend medications are drugs which have been approved by the Food and Drug Administration(FDA)and
which can, under federal or state law, be dispensed only pursuant to a prescription order These drugs,
including off-label use of FDA-approved drugs(provided that such use is documented to be effective in one of
the standard reference compendia, a majority of well-designed clinical trials published in peer-reviewed
medical literature document improved efficacy or safety of the agent over standard therapies,or over placebo if
no standard therapies exist, or by the federal secretary of Health and Human Services), contraceptive drugs and
devices and their fitting,diabetic supplies, including insulin syringes, lancets, urine-testing reagents,blood-
glucose monitoring reagents and insulin,are covered as set forth below
All drugs, supplies,medicines and devices must be prescribed by a GHC Provider for conditions covered by the
Agreement,obtained at a GHC pharmacy and, unless approved by GHC in advance, be listed in the GHC drug
formulary The prescription drug Cost Share, as set forth in the Allowances Schedule,applies to each thirty
(30)day supply Cost Shares foi single and multiple thirty (30) day supplies of a given prescription are payable
at the time of delivciy Injectables that can be self-administered are also subject to the prescription drug Cost
Share Drug formulary(approved drug list) is defined as a list of preferred pharimaceuucal products, supplies
and devices developed and maintained by GHC A limited supply of prescription drugs obtained at a non-
GHC pharmacy is covered when dispensed or presertbed in connection with covered Emergency treatment.
Generic drugs will be dispensed whenever available Brand name drugs will be dispensed if there is not a
generic equivalent In the event the 'Member elects to purchase brand-name drugs instead of the generic
equivalent(if available),or if the Member elects to purchase a different brand-name or generic drug than that
prescribed by the Member's Provider, and it is not determined to be Medically Necessary, the Member will also
be subject to payment of the additional amount above the applicable phai macy Cost Share set forth in the
Allowances Schedule A generic drug is defined as a drug that is the pharmaceutical equivalent to one or more
brand name drugs Such generic drugs have been approved by the Food and Drug Administration as meeting
the same standards of safety, purity, strength and effectiveness as the brand name drug A brand name drug is
defined as a prescription drug that has been patented and is only available through one manufacturer
"Standard reference compendia"means the Amei ican Hospital Formulary Service-Dnig Information, the
American Medical Association Drug Evaluation, the United States Pharmacopoeia-Drug Information, or other
authoritative compendia as identified from time to time by the federal secretary of Health and Human Services
"Peer-reviewed medical literature"means scientific studies printed in healtheare Journals or other publications
in which original manuscripts are published only after having been critically reviewed for scientific accuracy,
validity and reliability by unbiassed independent expetts Peer-reviewed medical literature does not include in-
house publications of pharmaceutical manufacturing companies
Excluded over-the-counter drugs,medicines,supplies and devices not requiring a prescription under state law
or regulations, drugs used in the treatment of sexual dysfunction disorders, medicines and injections for
anticipated illness while traveling, vitamins, including Legend(prescription)vitamms, and any other drugs,
medicines and injections not listed as covered in the GHC drug formulary unless approved in advance by GHC
as Medically Necessary
The Member will be charged for replacing lost or stolen drugs,medicines or devices
The Member's Right to Safe and Effective Pharmacy Services.
State and federal laws establish standards to assure safe and effective pharmacy services,and to guarantee
Members right to know what drugs are covered under the Agreement and what coverage limitations are in the
Agreement Members who would like more information about the drug coverage policies under the Agreement,
or have a question or concern about their pharmacy benefit, may contact GHC at(206) 901-4636 or(888)901-
4636
CO2733 -0036900a 25
Members who would like to know more about their rights under the law, or think any services received while
enrolled may not conform to the terms of the Agreement, may contact the Washington State Office of Insurance
Commissioner at(800)562-6900 Members who have a concern about the pharnacists or pharmacies serving
them,may call the Washington State Department of Health at 1 (800) 525-0127
K. Mental Health Care Services. GHC and Washington State taw have established standards to assure the
competence and professional conduct of mental health sery ice pioviders, to guaiantee Members' rights to
informed consent to treatment,to assure the privacy of their medical information,to enable Members to know
which services are covered under the Agreement and to know the limitations on their coverage Members who
would like a more detailed description than is piovided here of coveied benefits for mental health services
1 under the Agreement,or have questions or concerns about any aspect of their mental health benefits,may
contact GHC at(888)901-4636
Members who would like to know more about their rights under the law, or think any services received while
enrolled may not conform to the terms of the Agreement or their rights under the law,may contact the
Washington State Office of the Insurance Commissioner at(800) 562-6900 Members who have a concern
about the qualifications or professional conduct of their mental health provider may call the Washington State
Department of Health at 1 (800) 525-0127
Services that are provided by a mental health practitioner will be covered as mental health care, regardless of
the cause of the disorder
1. Outpatient Services.Outpatient mental health services place priority on restoring the Member to his/her
level of functioning prior to the onset of acute symptoms or to achieve a clinically appropriate level of
stability as determined by GHC's Medical Director,or his/her designee Treatment for clinical conditions
may utilize psychiatric, psychological and/or psychotherapy services to achieve these objectives
Coverage for each Member is provided according to the outpatient mental health care Allowance set forth
in the Allowances Schedule Psychiatric medical services,including medical management and
prescriptions,are covered as set foi th in Sections IV B and IV I
2. Inpatient Services.Charges for services described in this section, including psychiatric Emergencies
resulting in inpatient services, shall be covered up to the maximum benefit set forth in the Allowances
Schedule This benefit shall include coverage for acute treatment and stabilization of psychiatric
Emergencies in GHC-approved hospitals When medically indicated,outpatient electro-convulsive therapy
(ECT) is covered in lieu ofmpatient services Coverage for services incurred at non-GHC Facilities shall
exclude any charges that would otherwise be excluded for hospitalization within a GHC Facility
Partial hospitalization is covered subject to the maximum inpatient benefit limit described in the
Allowances Schedule Eveiy two(2)partial hospitalization days are equivalent to one inpatient hospital
day The total maximum annual benefit under this section shall not exceed the number ofmpatient days
described in the Allowances Schedule
Subject to the maximum inpatient mental health care Allowance set forth in the Allowances Schedule,
services provided under involuntary commitment statutes shall be covered at facilities approved by GHC
Services for any involuntary court-oideied treatment program beyond seventy-two(72) hours shall be
covered only if determined to be Medically Necessary by GHC's Medical Director,or his/her designee
Coverage for vohmtary/involuntary Emergency inpatient psychiatric services is subject to the Emergency
care benefit set foith in Section IV L , including the twenty-four(24) hour notification and transfer
provisions
Outpatient electro-convulsive therapy treatment is covered subject to the outpatient surgery Cost Share
3. Exclusions and Limitations for Outpatient and Inpatient Mental Health Freatment Services.
Covered Services are limited to those authorized by GHC's Medical Director,or his/her designee, for
covered clinical conditions for which the reduction or removal of acute clinical symptoms or stabilization
can be expected given the most clinically appropriate level of mental health care intervention
CO2733 -0036900a 26
Partial hospitalization programs are covered only under subsection K 2 (Inpatient Services)
Excluded learning,communication and motor skills disorders, mental retardation,academic or career
counseling, sexual and identity disorders, and personal growth or relationship enhancement Also
excluded assessment and treatment services that are primauly vocational and academic, court-ordered or
forensic treatment, including reports and summaries,not considered Medically Necessary, work or school
ordered assessment and treatment not considered Medically Necessary, counseling for overeating, nicotine
related disorders, relationship counseling or phase of life problems(V code only diagnoses), and custodial
care
Any other services not specifically listed as covered in this section All other provisions,exclusions and
limitations under the Agreement also apply
L. Emergency/Urgent Care.
All services are covered subject to the Cost Shares set forth in the Allowances Schedule
Emergency Care(See Section VIII for a definition of Emergency)
1. At a GHC Facility.GHC will cover Emergency care for all Covered Services
2. At a Non-GHC Facility. Usual, Customary and Reasonable charges for Emergency care for Covered
Services are covered subject to
a Payment of the Emergency care Deductible, and
b Notification of GHC by way of the GI IC Notification Line within twenty-four(24)hours following
inpatient admission, or as soon thereafter as medically possible
3. Waiver of Emergency Care Cost Share.
a. Waiver for Multiple Injury Accident.If two or more Members in the same Family Unit require
Emergency care as a result of the same accident, coverage for all Members will be subject to only one
(1) Emergency case Cost Share
b. Emergencies Resulting in an Inpatient Admission.If the Member is admitted to a GHC Facility
directly from the emergency room, the Emergency care Copayment is waived I lowever, coverage will
be subject to the inpatient services Cost Share
4. Transfer and Follow-up Care.If a Member is hospitalized in a non-GHC Facility, GHC reserves the right
to require transfer of the Member to a GHC Facility, upon consultation between a GHC Provider and the
attending physician If the Member refuses to transfer to a GHC Facility, all further costs incurred during
the hospitalization are the responsibility of the Member
Follow-up care which is a direct result of the Emergency must be obtained from GHC Providers, unless a
GHC Provider has authorized such follow-up care from a non-GHC Provider in advance
Urgent Care(See Section VIII for a definition of Urgent Condition)
Inside the GHC Service Area, care for Urgent Conditions is covered only at GHC medical centers,GHC urgent
care clinics or GHC Providers' offices, subject to the applicable Cost Share Urgent care received at any
hospital emergency department is not covered unless authorized in advance by a GHC Provides
Outside the GHC Service Area, Usual,Customary and Reasonable charges are covered for Urgent Conditions
received at any medical facility,subject to the applicable Cost Share
M. Ambulance Services. Ambulance services are covered as set forth below,provided that the service is
authorized in advance by a GHC Provider or meets the definition of an Emergency(see Section VIII )
1. Emergency Transport to any Facility. Each Emergency is covered as set forth in the Allowances
Schedule
CO2733 -0036900a 27
2. Interfacility Transfers GHC-mitiated non-emergent transfers to or from a GHC Facility are covered as
set forth in the Allowances Schedule
N. Skilled Nursing Facility (SNF). Skilled nursing care in a GHC-approved skilled nursing facility when full-
tune skilled nursing caie is necessary in the opinion of the attending GHC Provider, is covered as set forth in
the Allowances Schedule
When prescribed by a GHC Provider,such care may include room and board, general nursing care,drugs,
biologicals, supplies and equipment ordinarily provided or arranged by a skilled nursing facihty, and short-term
physical therapy,occupational therapy and restorative speech therapy
1 Excluded personal comfort items such as telephone and television,rest cures and custodial,domiciliary or
convalescent care
Section V. General Exclusions
In addition to exclusions listed throughout the Agreement,the following are not covered:
I Services or supplies not specifically listed as covered in the Schedule of Benefits, Section 1V
2 Except as specifically listed and identified as covered in Sections IV B ,IV D , IV H and IV J ,corrective
appliances and artificial aids including eyeglasses,contact lenses and services related to their fitting, hearing
devices and hearing aids, including ielated examinations, take-home drugs,dressings and supplies following
hospitalization, and any other supplies,dressings, appliances,devices or services which are not specifically
listed as covered in Section IV
3 Cosmetic services, including treatment for complications resulting from cosmetic surgery,except as provided in
Section lV D
4 Convalescent or custodial care
5 Durable medical equipment such as hospital beds,wheelchairs and walk-aids,except while in the hospital or as
set forth in Section iV B , 1V E , IV F or IV H
6 Services rendered as a result of work-related injuries, illnesses or conditions, including injuries, illnesses or
conditions incurred as a result of self-employment
7. Those parts of an examination and associated reports and immunizations required for employment, unless
I otherwise noted in Section IV B , immigration,hcense,travel or insurance purposes that are not deemed
Medically Necessary by GHC for early detection of disease
8 Services and supplies related to sexual reassignment surgery, such as sex change operations or transformations
and procedures or treatments designed to alter physical characteristics
9. Diagnostic testing and medical treatment of sterility, infertility and sexual dysfunction,regardless of origin or
cause, unless otherwise noted in Section IV B
10 Any services to the extent benefits are"available"to the Member as defined herein under the terms of any
vehicle,homeowner's,property or other insurance policy, except for individual or group health insurance,
whether the Member asserts a claim or not, pursuant to medical coverage, medical "no fault"coverage, Personal
Injury Protection coverage or similar medical coverage contained in said policy For the purpose of this
exclusion,benefits shall be deemed to be"available"to the Member if the Member is a named insured,comes
within the policy definition of insured or otherw ise has the right to receive first party benefits under the policy
The Member and his/her agents must cooperate fully with GHC in its efforts to enforce this exclusion This
cooperation shall include supplying GHC with information about,or related to, the avadahility of other
insurance coverage The Member and his/her agent shall permit GHC, at GI IC's option, to associate w ith the
Member or to intervene in any action filed against any party related to the injury The Member and his/her
CO2733 -0036900a 28
agents shall do nothing to prejudice GHC's right to enforce this exclusion In the event the Member fails to
cooperate fully, GHC reserves the right to deny coverage and the Member shall be responsible for reimbursing
GHC for such medical expenses
GHC shall not enforce this exclusion as to coverage available under uninsured motorist or undermsured
motorist coverage until the Member has been made whole, unless the Member fails to cooperate fully with GHC
as described above
GHC shall not pay any attorneys' fees or collection costs to attorneys representing the injured person where it
has retained its own legal counsel or acts on its own behalf to represent its interests and unless there is a written
fee agreement signed by GHC prior to any collection efforts Under no circumstances will GHC pay legal fees
for services which were not reasonably and necessarily incurred to secure recovery and/or which do not benefit
GHC
11 Voluntary (not medically indicated and nontherapeutic)termination of pregnancy,unless otherwise noted in
Section IV B
12 The cost of services and supplies resulting from a Member's loss of or willful damage to appliances,devices,
supplies and materials covered by GHC for the treatment of disease, injury or illness
13 Orthoptic therapy(t e,eye training)
14 Specialty treatment programs such as weight reduction,"behavior modification programs"and rehabilitation,
including cardiac rehabilitation
15 Services or care needed for injuries or conditions resulting from active or reserve military service,whether such
injuries or conditions result from war or otherwise This exclusion will not apply to conditions or injuries
resulting from previous military service unless the condition has been determined by the U S Secretary of
Veterans Affairs to be a condition or injury incurred during a period of active duty Further, this exclusion will
not be interpreted to interfere with or preclude coordination of benefits under Tri-Care
16 Nontherapeutuc sterilization, unless otherwise noted in Section IV B ,and procedures and services to reverse a
therapeutic or nontherapeulic stet ihzation
17 Dental care,surgery, services and appliances, including treatment of accidental inlmy to naturall teeth,
reconstructive surgery to the law in preparation for dental implants.dental implants,periodontal suigery and
any other dental seivice not specifically listed as covered in Section IV GHC's Medical Director,or his/her
designee, will determine whether the care or treatment required is within the category of dental care or service
18 Drugs, medicines and injections,except as set forth in Section IV J Any exclusion of drugs,medicines and
injections, including those not listed as covered in the GHC drug formulary(approved drug list), will also
exclude their administration
19 Experimental or investigational services
GHC consults with GHC's Medical Director and then uses the criteria described below to decide if a particular
service is experimental or investigational
a A service is considered experimental or investigational for a Member's condition of any of the following
statements apply to it at the time the service is or will be provided to the Member
i The service cannot be legally marketed in the United States without the approval of the Food and Drug
Administration("FDA")and such approvat has not been granted
it The service is the subject of a current new drug or new device application on file with the FDA
in The service is provided as part of a Phase I or Phase I I clinical trial,as the experimental or research
arm of a Phase III clinical trial, or in any other manner that is intended to evaluate the safety,toxicity
or efficacy of the service
iv The service is provided pursuant to a written protocol or other document that lists an evaluation of the
service's safety,toxicity or efficacy as among its objectives
CO2733 -0036900a 29
v The service is under continued scientific testing and research concerning the safety,toxicity or efficacy
of services
vi The service is provided pursuant to informed consent documents that describe the service as
experimental or investigational,or in other terms that indicate that the service is being evaluated for its
safety,toxicity or efficacy
vu The prevailing opinion among experts,as expressed in the published authoritative medical or scientific
literature, is that(I)the use of such service Should be substantially confined to research settings,or(2)
further research is necessary to determine the safety, toxicity or efficacy of the service
ib In making determinations whether a service is experimental or investigational,the following sources of
information will be relied upon exclusively
1 i The Member's medical records,
it The written protocol(s)or other document(s)pursuant to which the service has been or will be
provided
ill Any consent document(s) the Member or Member's representative has executed or w ill be asked to
execute.to receive the service,
iv The files and records of the Institutional Review Boaid(IRB)or similar body that approves or reviews
research at the institution where the service has been or will be provided,and other information
concerning the authority or actions of the IRB or similar body,
v The published authoritative medical or scientific, hteiature regarding the service,as applied to the
Member's illness or injury, and
vi Regulations, records,applications and any other documents or actions issued by,filed with or taken by,
the FDA or other agencies within the United States Department of Health and Human Services,or any
state agency performing similar functions
Appeals regarding denial of coverage can be submitted to the Member Appeals Department,or to GHC's
Medical Director at P O Box 34593, Seattle, W A 98124-1593 G11C will respond in writing within twenty(20)
working days of the receipt of a fully documented appeal request An expedited appeal is available if a delay
would jeopardize the Member's life or health
20 Mental health care,except as specifically provided in Section IV K
21 Hypnotherapy, and all services related to hypnotherapy
22 Genetic testing and related services, unless determined Medically Necessary by GHC's Medical Director,or
hislher designee, and in accordance with Board of Health standards for screening and diagnostic tests,or
speufically provided in Section IV B Testing for non-Membeis is also excluded
23 Follow-up visits related to a non-Covered Service
24 Fetal ultrasound in the absence of medical indications
25 Routine foot care.except in the presence of a non-related Medical Condition affecting the lower limbs
26 Complications of non-Covered Services
' 27 Obesity treatment and treatment for morbid obesity, including any medical services,drugs, supplies or any
bariatnc surgery(such as gastroplasty or intestinal bypass),regardless of co-morbidities, complications of
obesity or any other Medical Condition, except as set forth in Sewon IV B
28 Services or supplies for which no charge is made,or for which a charge would not have been made if the
Member had no health care coverage or for which the Member is not liable, services provided by a member of
the Member's family
29 Autopsy and associated expenses
30 Services provided by government agencies, except as required by federal or state law
CO2733 - 0036900a 30
31 Services related to temporomandibular Joint disorder(TMJ)and/or associated facial pain or to correct
congenital conditions, including bite blocks and occlusal equilibration, except as specified as covered in Section
1V B
32 Services covered by the national health plan of any other country
33 Pre-Existing Conditions,except as specifically provided in Section IV B 26
Section Vt. Grievance Processes for Complaints and Appeals
The grievance processes to express a complaint and appeal a denial of benefits are set forth below
Filing a Complaint or Appeal t
The complaint process is available for a Member to express dissatisfaction about customer service or the quality or
availability of a health service
The appeals process is available for a Member to seek reconsideration of a denial of benefits
Complaint Process
Step 1: The Member should contact the person involved, explain his/her concerns and what he/she would like to
have done to resolve the problem The Member should be specific and make his/her position clear
Step 2: If the Member is not satisfied,or if he/she prefers not to talk with the person involved, the Member should
call the department head or the manager of the medical centei or department where helshe is having a problem That
person will investigate the Membei's concerns Most concerns can be resolved in this way
Step 3: If the Member is still not satisfied,he/she should call the GHC Customer Service Center toll free at(888)
901-4636 Most concerns are handled by phone within a few days In some cases the Member wilt be asked to
write down his/her concerns and state what he/she thinks would be a lair resolution to the problem A Customer
Service Representative of Member Quality of Care Coordinator will investigate the Membei s concern by consulting
with involved staff and their supervisors,and reviewing pertinent records, relevant plan policies and the Member
Rights and Responsibilities statement This process can take up to thirty (30)days to resolve after receipt of the
Member's written statement
If the Member is dissatisfied with the resolution of the complaint,he/she may contact the Member Quality of Care
Coordinator or the Customer Service Center
Appeals Process
Step 1: If the Member wishes to appeal a decision denying benefits,he/she must submit a request for an appeal
either orally or in writing to the Member Appeals Department, specifying why he/she disagrees with the decision
The appeal must be submitted within 180 days of the denial notice he/she received If the Member is located west of
the Cascade Mountains, appeals should be directed to GHC's Member Appeals Department, P O Box 34593,
Seattle, WA 98124-1593,(206)901-7350 or toll free(888)901-4636, or if the Member is located east of the
Cascade Mountains,to GHC's Member Appeals Department, P O Box 204, Spokane, WA 99210-0204,(509)241-
7622 or toll free (888)901-4636
An Appeals Coordinator will review initial appeal requests GHC will then nottfy the Member of its determination
or need for an extension of time within fourteen (14) days of receiving the request for appeal Under no
circumstances will the review timeframe exceed thirty(30)days without the Member's written permission
If the appeal request is for an experimental or investigational exclusion or limitation,GHC will make a
determination and notify the Member in writing within twenty (20) working days of receipt of a fully documented
request In the event that additional time is required to make a determination,GHC will notify the Member in
writing that an extension in the review timeframe is necessary Under no circumstances will the review timeframe
exceed twenty(20)days without the Member's written permission
CO2733 -0036900a 31
There is an expedited appeals process in place for cases which meet criteria or where the Member's provider
believes that the standard thirty(30)day appeal review process will seriously jeopardize the Member's life,health or
ability to regain maximum function or subject the Member to severe pain that cannot be managed adequately
without the requested care or treatment The Member can request an expedited appeal in writing to the above
I address,or by calling GHC's Member Appeals Department in western Washington at(206) 901-7350 or toll free
(888)901-4636,or in eastern Washington at(509)241-7622 or toll free(888)901-4636 The Member's request for
an expedited appeal willl be processed and a decision issued no later than seventy-two(72) hours after receipt
Step 2:if the Member is not satisfied with the decision in Step 1 regarding a denial of benefits,or if GHC fads to
grant or reject the Member's request within the applicable required timeframe,he/she may request a second level
review by an external independent review organization as Set forth under subsection A below The Member may
also choose to pursue review by an appeals committee prior to requesting a review by an independent review
organization as set forth under subsection B below This is not a required step in the appeals process
A Request a review by an independent review organization An independent review organization is not legally
affiliated or controlled by GHC Once a decision is made through an independent review organization the
decision is final and cannot be appealed through GHC *
A request for a review by an independent review organization must be made within l80 days after the date of
the Step 1 decision notice,or within 180 days after the date of a GHC appeals committee decision notice
B Request an optional hearing by the GHC appeals committee
The appeals committee hearing is an informal process The hearing will be conducted within thirty(30)working
days of the Member's request and notification of the appeal committee's decision will be mailed to the Member
within five(5) working days of the hearing
Members electing the appeals committee mamtam their right to appeal further to an independent review
organization as set forth in paragraph A above
Review by the appeals committee is not available if the appeal request is for an experimental or investigational
exclusion or limitation
A request for a hearing by the appeals committee must be made within thirty (30) days after the date of the Step
I decision notice
1 If the Member is located west of the Cascade Mountains,the request can be mailed to GHC's Member Appeals
Department, P O Box 34593, Seattle, WA 98I24-t593, or ifthe Member is located east of the Cascade
Mountains,to GHC's Member Appeals Department, P O Box 204, Spokane. WA 992 10-0 2 04 *
1 *If the Member's health plan is governed by the Employee Retirement Income Security Act, known as"ERISA"
(most employment related health plans, other than those sponsored by governmental entities or churches—ask
employer about plan),the Member has the right to file a lawsuit undei Section 502(a) of ERLSA to recover benefits
due to the Member under the plan at any point after completion of Step I of the appeals process Members may have
other legal rights and remedies available under state or federal law
Section VII. General Provisions
A. Coordination of Benefits
The coordination of benefits (COB)provision applies when a Member has health care coverage under more
than one plan Plan is defined below.
The order of benefit determination rules govern the order in which each plan will pay a claim for benefits.
The plan that pays first is called the primary plan. The primary plan must pay benefits according to its policy
terms without regard to the possibilay that another plan may cover some expenses. The plan that pays after
the primary plan is the secondary plan. The secondary plan may reduce the benefits it pays so that payments
from all plans do not exceed 100% of the total allowable expense.
CO2733 -0036900a 32
If the Member is covered by more than one health benefit plan, the Member or the Member's provider
should file all the Member'% claims with each plan at the same time. If Medicare is the Member's primary
plan, Medicare may submit the Member',s claims to the Member'%secondary carrier.
1. Definitions.
a. Plan.A plan is any of the following that provides benefits or services for medical or dental care or
treatment. If separate contracts are used to provide coordinated covera�;=e for Members of a Group,
the separate contracts are considered parts o f the %ame plan and there is no COB among those
separate contracts. However, if COB rules do not apply to all contracts, or to all benefits in the
same contract,the contract or benefit to which COB does not apply is treated as a separate plan.
1) Plan includes:group, individual or blanket disabihty insurance contracts and group or
individual contracts issued by health care service contractors or health maintenance
organizations (HMO), closed panel plans or other forms ofgroup coverage;medical care
components of long-term care contracts, such as skilled nursing care;and Medicare or any
other federal governmental plan,as permitted by law.
2) Plan does not include:hospital indemnity or fixed payment coverage or other fixed indemnity
or fixed payment coverage;accident only coverage; specified disease or specified accident
coverage;limited benefit health coverage, as defined by state law; school accident type
coverage;benefits for non-medical components of long-term care policies;automobile
insurance policies required by statute to provide medical benefit%;Medicare supplement
policies;Medicaid coverage;or coverage under other federal governmental plans; unless
permitted by law.
Each contract for coverage under subsection 1)or 2) is a separate plan. If a plan has two parts and
COB rules apply only to one of the two, each of the parts is treated as a separate plan.
b. This plan means, in a COB provision, the part of the contract providing the healthcare benefits to
which the COB provision applies and which may, he reduced because of the benefits of other plans.
Any other part of the contract providing healthcare benefits is separate from this plan. A contract
may apply one COB provision to certain benefit%, such as dental benefits, coordinating only with
similar benefits, and may apply another COB provision to coordinate other benefits
c. The order of benefit determination rules determine whether this plan is a primary plan or secondary
plan when the Membei has health care coverage under more than one plan.
When this plan is primary, it determines payment for its benefits first before those of any other plan
without considering any other plans benefits. When thi%plan is secondary, it determines its
benefits after those of another plan and mint make payment in an amount so that, when combred
with the amount paid by the primary plan, the total benefits paid or provided by all plans for the
claim equal 100%of the total allowable expense for that claim. This means that when this plan is
secondary, it must pay the amount which, when combined with what the primary plan paid,totals
100%of the highest allowable expense. In addition,if this plan is secondary, it most calculate its
savings (it% amount paid subtracted from the amount it would have paid had it been the primary
plan)and record these savings as a benefit reserve for the covered Member This reserve must be
used to pay any expenses during thin calendar year, whether or not they are an allowable expense
under this plan. If thi%plan is secondary, it will not be required to pay an amount in excess of its
maximum benefit plus any accrued savings.
d. Allowable Expense. Allowable expense is a health care expense, including deductibles, coinsurance
and copayments, that is covered at least in part by any plan covering the person. When a plan
provides benefits in the form of services, the reasonable cash value of each service will be
considered an allowable expense and a benefit paid. An expense that is not covered by any plan
covering the Member is not an allowable expense.
The following are examples of expenses that are not allowable expenses:
CO2733 -0036900a 33
1) The difference between the cost of a semi Private hospital room and a private hospital room is
not an allowable expense, unless one of the plans provides coverage for private hospital room
expenses.
2) If a Member is covered by two or more plans that compute their benefit payments on the basis
of usual and customary fees or relative value schedule reimbursement method or other similar
reimbursement method,any amount in excess of the highest reimbursement amount for a
specific benefit is not an allowable expense.
3) If a Member is covered by two or more plans that provide benefits or services on the basis of
negotiated fees, an amount in excess of the highest of the negotiated fees is not an allowable
expense.
e. Closed panel plan is a plan that provides health care benefits to covered persons in the form of
services through a panel of providers who are primarily employed by the plan, and that excludes
coverage for services provided by other providers, except in cases of emergency or referral by a
panel member.
1 f. Custodial parent is the parent awarded custody by a court decree or,in the absence of a court
decree, is the parent with whom the child resides more than one half of the calendar year excluding
any temporary visitation.
2. Order of Benefit Determination Rides.
When a Member is covered by two or more plans, the rules for determining the order of benefit payments
are as follows:
a. The primary plan pays or provides its benefits according to its terms of coverage and without regard
to the benefits under any other plan.
b. Except as provided below,a plan that does not contain a coordination of benefits provision that is
I consistent with this chapter is always primary unless the provisions of both plans state that the
complvmg plan is primary.
Coverage that is obtained by virtue of membership in a Group that is designed to supplement a part
of a basic package of benefits and provides that this supplementary coverage is excess to any other
parts of the plan provided by the Subscriber. Examples include malor medical coverages that are
superimposed over hospital and surgical benefits, and insurance type(overages that are written in
connection with a closed panel plan to provide out-of-network benefits.
c. A plan may consider the benefits paid or provided by another plan in calculating payment of its
I benefits only when it is secondary to that other plan.
d Each plan determines its order of benefits using the first ofthe following rules that apply:
1) Non-Dependent or Dependent. The plan that covers the Member other than as a Dependent,for
example as an emplgvee, member,policyholder,Subscriber or retiree is the primary plan and
the plan that covers the Member as a Dependent is the secondary plan. However,if the person is
a Medicare beneficiary and,as a result offederal law, Medicare is secondary to the plan
covering the Weather as a Dependent, and primary to the plan covering the Member as other
than a Dependent(e.g., a retired employee),then the order of benefits between the two plans is
reversed so that the plan covering the Vlember as an employee,member,policyholder,
Subscriber or retiree is the secondary plan and the other plan is the primary plan.
2) Dependent child covered under more than one plan. Unless there is a court decree stating
otherwise, when a dependent child is covered by more than one plan the order of benefits is
determined as follows:
a) For a dependent child whose parents are married or are living together, whether or not they
have ever been married.
• The plan of the parent whose birthday falls earlier in the calendar year is the primary
plan;or
CO2733-0036900a 34
• If both parents have the same birthday, the plan that has covered the parent the longest
is the primary plan.
b) For a dependent child whose parents are divorced or separated or not living together,
whether or not they have ever been married.
(1) If a court decree states that one of the parents is responsible for the dependent child's
health care expenses or health care coverage and the plan of that parent has actual
knowledge of those terms, that plan is primary. This rule applies to claim
determination periods commencing after the plan is given notice of the co art decree;
(2) If a court decree states one parent is to assume primary financial responsibility for the
dependent child but does not mention responsibility for health care expenses, the plan
of the parent assuming financial responsibility is primary;
(3) If a court decree states that both parents are responsible for the dependent child's
health care expenses or health care coverage, the provisions of a)above determine the
order of benefits;
(4) If a court decree states that the parents have joint custody without specifying that one
parent has responsibility for the health care expenses or health care coverage of the
dependent child, the provisions of subsection a)above determine the order of benefits;
Or
(5) I/there is no court decree allocating responsibility for the dependent child's health
care expenses or health care coverage,the order of benefits for the child are as follows..
• The plan covering the custodial parent,first;
• The plan covering the spouse of the custodial parent, second;
• The plan covering the non-custodial parent, third;and then
• The plan covering the spouse of the non-custodial parent,last
c) For a dependent child covered under more than one plan of individuals who are not the
parents of the child, the provisions of subsection a) orb) above determine the order of
benefits as if those individuals were the parents of the child.
3) Active employee or retired or lain-off employee. The plan that covers a Member as an active
employee, that is, an employee who is neither laid off nor retired, is the primary plan. The plan
covering that same Member as a retired or land off employee is the secondary plan. The same
would hold true if a Member is a Dependent of an active einplovee and that same Member is a
Dependent of a retired or laid-off employee. If the other plan does not have this rule, and as a
result, the plans do not agree on the order of benefits,this rule is ignored. This rule does not
apply if the rule under section d 1)can determine the order of benefits.
4) COBRA or State Continuation Coverage. If a Member whose coverage is provided under
COBRA or under a right of continuation provided by state or other federal law is covered under
another plan, the plan covering the Member as an employee, member,Subscriber or retiree or
covering the Member as a Dependent of an employee, member,Subscriber or retiree is the
primary plan and the COBRA or state or other federal continuation coverage is the secondary
plan If the other plan does not have this rifle,and as a result,the plans do not agree on the
order of benefits, this rule is ignored. This rule does not apply if the rule under section d 1)can
determine the order of benefits.
5) Longer or shorter length of coverage. The plan that covered the Member as an employee,
member,Subscriber or retiree longer is the primary plan and the plan that covered the Member
the shorter period of time is the secondary plan.
6) If the preceding rules do not determine the order of benefits, the allowable expenses must be
shared equally between the plans meeting the definition ofplan. In addition, this plan will not
pay more than it would have paid had it been the primary plan.
3. Effect on the Benefits of this Plan.
When this plan is secondary, it may reduce its benefits so that the total benefits paid or provided by all
plans during a claim determination period are not more than the total allowable expenses. In
CO2733 -0036900a 35
determining the amount to be paid for any claim,the secondary plan must make payment in an amount
so that, when combined with the amount paid by the primary plan, the total benefits paid or provided by
all plans for the claim equal one hundred percent of the total allowable expenses for that claim. Total
allowable expense is the highest allowable expenses of the primary plan or the secondary plan. In
addition, the secondary plan must credit to as plan deductible any amounts it would have credited to its
deductible in the absence of other health care coverage.
4. Right to Receive and Release Needed Information.
Certain facts about health care coverage and services are needed to apply these COB rules and to
determine bene/its payable under this plan and other plans. GHC may get the facts it needs frown or give
them to other organizations or persons for the purpose of applying these rules and determining benefits
payable under this plan and other plans covering the Member claurting benefits. GHC need not tell, or
get the consent of, any Member to do this. Each Member claiming benefits under this plan must give
GHC any facts it needs to apply those rules and determine benefits payable.
S. Facility of Payment
If payments that should have been made cinder this plan are made h y another plan, GHC has the right,
at its discretion, to remit to the other plan the amount it determines appropriate to satisfy the intent of
this provision. The amounts paid to the other plan are considered benefits paid under this plan. To the
extent ofsitch payments, GHC is fully discharged from liability under this plan.
6. Right of Recovery.
GHC has the right to recover excess payment whenever it has paid allowable expenses in excess of the
maximum amount of payment necessary to satisfy the intent of thts provision. GHC may recover excess
payment from any person to whom or for whom payment was made or any other issuers or plans.
Questions about Coordination of Benefits? Contact the State insurance Department.
7. Effect of Medicare.
Members Residing Outside the GHC Medicare Advantage Service Area. Medicare primary/secondary
payer gwdelmes and regulations will determine primary/secondary payer status
When GHC renders care to a Member who is eligible for Medicare benefits, and Medicare is deemed to be
the primary bill payer under Medicare pi unary/secondary payer guidelines and regulations,GHC will seek
Medicare reimbursement for all Medicare covered services
B. Subrogation and Reimbursement Rights
The benefits under this Agreement will be available to a Member for injury or illness caused by another party,
subject to the exclusions and limitations of this Agreement If GHC provides benefits under this Agreement for
the treatment of the injury or illness,GHC will be Subrogated to any rights that the Member may have to
recover compensation or damages related to the injury or illness This section VIl B more fully describes
GHC's subrogation and reimbursement rights
"Injured Person"under this section means a Member covered by the Agreement who sustains an injury and any
spouse,dependent or other person or entity that may recover on behalf of such Member,including the estate of
the Member and, if the Member is a minor, the guardian or parent of the Member When referred to in this
section,"GHC's Medical Expenses" means the expenses incurred and the reasonable value of the benefits
provided by GHC for the care or treatment of the injury sustained by the Injured Person
' If the Injured Person's injuries were caused by a third party giving rise to a claim of legal liability against the
third patty and/or payment by the third party to the Injuued Person and/or a settlement between the third party
and the Injured Person,GHC shall have the right to recover GHC's Medical Expenses from any source
available to the Injured Person ds i result of the events causng the injury including but not limited to funds
available through applicable third party liability coverage and uninsured/underinsured motorist coverage This
CO2733 - 0036900a 36
right is commonly referred to as"subrogation "GHC shall be subrogated to and may enforce all rights of the
Injured Person to the extent of GHC's Medical Expenses
GHC's subrogation and reimbursement rights shall be limited to the excess of the amount required to fully
compensate the Injured Person for the loss sustained, including general damages However, in the case of
Medicare Advantage Members,GHC's right of subrogation shall be the full amount of GHC's Medical
Expenses and is limited only as required by Medicare
Subject to the above provisions,if the Injured Person is entitled to or does receive money from any source as a
result of the events causing the injury, including but not limited to any party's liability insurance or
uninsured/underinsured motorist funds,then GHC's Medical Expenses provided or to be provided to the Injured
Person are secondary, not primary As a condition of receiving benefits under the Agreement,the Injured
Person agrees that acceptance of GHC services is constructive notice of this provision in its entirety and agrees
to renribui se GHC for the benefits the Injured Person received as a result of the events causing the injury
The Injured Person and his/her agents shall cooperate fully with GHC in its efforts to collect GHC's Medical
Expenses This cooperation includes,but is not limited to, supplying GHC with information about any third
parties, defendants and/or insurers related to the Injured Person's claim and informing GHC of any settlement
or other payments relating to the Injured Person's injury The Injured Person and his/her agents shall permit
GHC,at GHC's option, to associate with the Injured Person or to intervene in any legal,quasi-legal,agency or
any other action or claim filed If the Injured Person takes no action to recover money from any source, then the
Injured Person agrees to allow GHC to initiate its own direct action for reimbursement or subrogation,
including,but not limited to, billing the Injured Person directly for GHC's :Medical Expenses
The Injured Person and his/her agents shall do nothing to prejudice GHC's subrogation and reimbursement
rights I he Injured Person shall promptly notify GHC of any tentative settlement with a third party and shall not
settle a claim without protecting GHC's interest If the Injured Person fails to cooperate fully with GHC in
recovery of GHC's Medical Expenses, the Injured Person shall be responsible for directly reimbursing GHC for
GHC's Medical Expenses and GHC retains the right to bill the Injured Person directly for GHC's Medical
Expenses
To the extent that the Injured Person recovers funds from any source that may serve to compensate for medical
injuries or medical expenses,the Injured Person agrees to hold such monies in trust or in then possession until
GHC's subrogation and reimbursement rights are fully determined
GHC shall not pay any attorneys' fees or collection costs to attorneys representing the Injured Person unless
there is a written fee agreement signed by GHC prior to any collection efforts When reasonable collection costs
have been incurred with GHC's priot written agreement to recover GHC's Medical Expenses, there shall be an
equitable apportionment of such collection costs between GHC and the Injured Person subject to a maximum
responsibility of GHC equal to one-third of the amount recovered on behalf of GHC Under no circumstance
wilt GHC pay legal fees for services which were not reasonably and necessarily incurred to secure recovery,
which do not benefit GHC or where no written fee agreement has been entered into with GHC
To the extent the provisions of this Subrogation and Reimbursement section are deemed governed by ERISA,
implementation of this section shall be deemed a part of claims administration under the Agreement and GHC
shall therefore have sole discietion to interpret its terms
C. Miscellaneous Provisions ,
1. Identification Cards. GHC will furnish cards, for identification purposes only,to all Members enrolled
under the Agreement
2. Administration of Agreement.GHC may adopt reasonable policies and procedures to help in the
administration of the Agreement GHC reserves the right to construe the provisions of the Agreement and
to make all determinations iegarding benefit entitlement and coverage
3. Modification of Agreement. No oral statement of any person shall modify or otherwise affect the benefits,
limitations and exclusions of the Agreement, convey or void any coverage, increase or reduce any benefits
under the Agreement or be used in the prosecution or defense of a claim under the Agreement
CO2733 -0036900a 37
4. Confidentiality. GHC and the Group shall keep Member information strictly confidential and shall not
disclose any information to any third party other than (1)representatives of the receiving party (as
permitted by applicable state and federal law) who have a need to know such information in order to
perform the services required of such party pursuant to the Agreement,or for the proper management and
administration of the receiving party,provided that such representatives are informed of the confidentiality
provisions of the Agreement and agree to abide by them,(u)pursuant to court order or(iu) to a designated
public official or agency pursuant to the requirements of federal, state or local law, statute,rule or
regulation
5. Nondiscrimination.GHC does not discriminate on the basis of physical or mental disabilities in its
employment practices and services
Section Vill. Definitions
Agreement: The Medical Coverage Agreement between GHC and the Group
Allowance: The maxnmum amount payable by GHC for certain Covered Services under the Agreement,as set forth
in the Allowances Schedule
Contracted Network Pharmacy: A pharmacy that has contracted with GHC to provide covered legend
(prescription) drugs and medicines for outpatient use under the Agreement
Copayment: The specific dollar amount a Member is required to pay at the time of service for certain Covered
Services under the Agreement, as set forth in the Allowances Schedule
Cost Share: The portion of the cost of Covered Services the Member is liable for under the Agreement Cost
Shares for specific Covered Services are set forth in the Allowances Schedule Cost Share includes Copayments,
comsurances and/or Deductibles
Covered Services: The services for which a Member is entitled to coverage under the Agreement
Deductible: A specific amount a Member is required to pay for certain Covered Services before benefits are
payable under the Agreement The applicable Deductible amounts are set forth in the Allowances Sc hedute
Dependent: Any member of a Subscriber's family who meets all applicable eligibility requirements, is enrolled
hereunder and for whom the premium prescribed in the Premium Schedule has been paid
Emergency: The emergent and acute onset of a symptom or symptoms, including severe pain, that would lead a
prudent lay person acting reasonably to believe that a health condition exists that requires immediate medical
attention, if failure to provide medical attention would result in serious impairment to bodily function or serious
dysfunction of a bodily organ or part, or would place the Member',health in serious jeopardy
Family Unit: A Subscriber and all his/her Dependents
iFee Schedule: A fee-for-service schedule adopted by GHC, setting forth the fees for medical and hospital services
GHC-Designated Self-Referral Specialist: A GHC specialist specifically identified by GHC to whom Members
may self-refer
GHC Facility: A facility (hospital, medical center or health care center)owned,operated or otherwise designated
by GHC
GHC Medicare Plan: A plan of coverage for persons enrolled in Medicare Part A(hospital insurance)and Part B
I (medical insurance)
GHC Personal Physician: A provider who is employed by or contracted with GHC to provide primary care
services to Members and is selected by each Member to provide or arrange foi the provision of all non-emergent
Covered Services, except for services set forth in the Agreement which a Member can access without a Referral
Personal Physicians must be capable of and licensed to provide the majority of primary health care services required
by edch Member
CO2733-0036900a 38
GHC Provider: The medical staff,clinic associate staff and allied health professionals employed by GHC,and any
other health care professional or provider with whom GHC has contracted to provide health care services to
Members enrolled under the Agreement, including,but not limited to physicians, podiatrists,nurses, physician
assistants, social workers,optometrists, psychologists,physical therapists and other professionals engaged in the
delivery of healthcare services who are licensed or certified to practice in accordance with Title 18 Revised Code of
Washington
Group: An employer,union,welfare trust or bona-fide association which has entered into a Group Medical
Coverage Agreement with GHC
Hospital Care: Those Medically Necessary services generally provided by acute general hospitals for admitted '
patients Hospital Care does not include convalescent or custodial care, which can, in the opinion of the GHC
Provider,be provided by a nursing home or convalescent care center
Lifetime Maximum: The maximum value of benefits provided for Covered Services under the Agreement after
which benefits under the Agreement are no longer available as set forth in the Allowances Schedule The value of
Covered Services is based on the Fee Schedule, as defined above The lifetime maximum applies to this Agreement
or in combination with any other medical coverage agreement between GHC and Group
Medical Condition: A disease, illness or injury
Medically Necessary: Appropriate and clinically necessary services,as determined by GHC's Medical Director,or
his/her designee,according to generally accepted principles of good medical practice, which are rendered to a
Member for the diagnosis, care or treatment of a Medical Condition and which meet the standards set forth below
In order to be Medically Necessary,services and supplies must meet the following requirements (a)are not solely
for the convenience of the Member_his/her family or the provider of the services or supplies, (b) are the most
appropriate level of service or supply which can be safely provided to the Member, (c)aic for the diagnosis or
treatment of an actual or existing Medical Condition unless being provided under GHC's schedule for preventive
services,(d)are not for recreational, life-enhancing,relaxation or palliative therapy, except for treatment of termmal
conditions, (e)are approptiate and consistent with the diagnosis and which, in accordance with accepted medical
standards in the State of Washington,could not have been omitted without adversely affecting the Member's
condition or the quality of health services rendered, (1)as to inpatient care,could not have been provided in a
provider's office, the outpatient department of a hospital or a non-residential facility without affecting the Member's
condition or quality of health services rendered, (g)are not primarily for research and data accumulation, and(h)are
not experimental or investigational The length and type of the treatment program and the frequency and modality
of visits covered shall be deteimined by GHC's Medical Director,or his/her designee In addition to being
medically necessary, to be covered,services and supplies must be otherwise included as a Covered Service as set
forth in Section IV. of the Agreement and not excluded from coverage. The cost of non-covered services and
supplies shall be the responsibility of the Member.
Medicare: The federal health insurance program for the aged and disabled
Member: Any Subscriber or Dependent enrolled under the Agreement
Out-of-Pocket Expenses: Those Cost Shares paid by the Subscriber or Member for Covered Services which are
applied to the Out-of-Pocket Limit
Out-of-Pocket Limit: The maximum amount of Out-of-Pocket Expenses incurred and paid during the calendar
year for Covered Services received by the Subscriber and his/her Dependents within the same calendar year The
Out-of-Pocket Limn amount and Cost Shares that apply ate set forth in the Allowances Schedule Charges in excess
of UCR,services in excess of any benefit level and services not covered by the Agreement are not applied to the
Out-of-Pocket Limit
Plan Coinsurance: The percentage amount the Member and GHC are required to pay for Covered Services
received under the Agreement Percentages for Covered Services are set forth in the Allowances Schedule.
Pre-Existing Condition: A condition for which there has been diagnosis,treatment or medical advice within the
three(3)month period prior to the effective date of coverage The Pre-Existing Condition wart period will begin on
the first day of coverage, or the first day of the enrollment waiting period if earlier
CO2733-0036900a 39
Referral: A written temporary agreement requested in advance by a GHC Provider and approved by GHC that
entitles a Member to receiN e Covered Services from a specified health care provider Fntitlement to such services
shall not exceed the limits of the Referral and is subject to all terms and conditions of the Referral and the
' Agreement Members who have a complex or serious medical or psychiatric condition may receive a standing
Referral for specialist services
Self-Referred: Covered Services received by a Member from a designated women's health care specialist or GHC-
Designated Self-Referral Specialist that are not referred by a GHC Personal Physician
Service Area: Washington counties of Benton,Columbia, Franklin, Island,King, Kitsap, Kittitas, Lewis,Mason,
Pierce, San Juan, Skagit, Snohomish, Spokane,Thurston, Walla Walla,Whateom, Whitman and Yakima, Idaho
counties of Kootenai and Latah, and any other areas designated by GHC
Subscriber: A person employed by or belonging to the Group who meets all applicable eligibility requirements, is
enrolled under the Agreement and for whom the premium specified in the Premium Schedule has been paid
Urgent Condition: The sudden,unexpected onset of a Medical Condition that is of sufficient seventy to require
medical treatment within twenty-four(24) hours of its onset
Usual,Customary and Reasonable(UCR): A tern used to define the level of benefits which are payable by GHC
when expenses are incurred from a non-GHC Provider Expenses are considered Usual,Customary and Reasonable
1 if the charges are consistent with those normally charged to others by the provider or organization for the same
services or supplies, and the charges are within the general range of charges made by other providers in the same
geographical area for the same services or supplies
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CO2733-0036900a 1
@GroupHealth
COOPERATIVE
1
Group Health Cooperative Medicare Advantage Plan (GHMA Plan)
Following is a brief outline of the benefits available to Group Members who are also enrolled in
the Group Health Cooperative Medicare Advantage plan A more detailed plan summary is
provided to GHMA Plan Members directly.
In no event shall the benefits of the GHMA plan duplicate the benefits under the Group Medical
Coverage Agreement. The benefits available to persons enrolled in both the Group Health
Cooperative Medical Coverage Agreement and the Group Health Cooperative Medicare
Advantage Plan will be the higher level of benefit available under the plans, as determined by
Group Health Cooperative
Unless otherwise stated, the provisions, limitations and exclusions, including provider access
requirements of the Group Medical Coverage Agreement apply to the benefits available under
the Group Health Cooperative Medicare Advantage Plan
The benefits described in this outline apply only to Members who are covered under Medicare
Part A and Part B, and who are enrolled in the Group Health Cooperative Medicare Advantage
Plan as set forth in the Group Medical Coverage Agreement This includes those Members with
Medicare Part B only, who have been continuously enrolled in the Group Health Cooperative
Medicare Advantage Plan (formerly known as Medicare+Choice), since December 31, 1998
CO2733 -0036900a 2
SUMMARY OF BENEFITS
HC M icare� 'tnolayer-'.
Benefit Category Original Medicare
Group Plan
INPATIENT CARE
I - Inpatient Hospital For each benefit period In-Network:
Care (Includes
Substance Abuse and Days I - 60: $1,024 For Medicare-covered
Rehabilitation Services) deductible hospital stays you pay the
Days 61 - 90• $256 per day lesser of the Group cost share
Days 91 - 150 $512 per or the following copayments
lifetime reserve day.
Days 1-5: $200 copay per day
1 Please call 1-800- Days 6-90. $0 copay per day
MEDICARE
(1-800-633-4227) for $0 copay for additional
information about lifetime hospital days.
reserve days.
No limit to the number of
Lifetime reserve days can days covered by the plan each
only be used once. benefit period
A "benefit period" starts the Except in an emergency, your
day you go into a hospital or doctor must tell the plan that
skilled nursing facility It ends you are going to be admitted
when you go for 60 days in a to the hospital
row without hospital or skilled
nursing care If you go into
1 the hospital after one benefit
period has ended, a new
benefit period begins You
must pay the inpatient hospital
deductible for each benefit
period There is no limit to the
number of benefit periods you
can have
2 - Inpatient Mental You pay the same deductible For Medicare-covered
Health Care and copayments as inpatient hospital stays you pay the
hospital care (above) except lesser of the Group cost share
Medicare beneficiaries may or the following copayments:
only receive t90 days in a
Psychiatric Hospital in a Days 1-5- $200 copay per day
lifetime.
Days 6-90. $0 copay per day
You get up to 190 days in a
Psychiatric Hospital in a
lifetime
CO2733-0036900a 3
GHC Medicare Employer
Benefit Category Original Medicare Group Plan
Inpatient Mental hxcept in an emergency, your
Health Care (cont.) doctor must tell the plan that
you are going to be admitted
to the hospital
3 - Skilled Nursing For each benefit period after There is no copayment for
Facility (in a Medicare- at least a 3-day covered services received at a Skilled
certified skilled nursing hospital stay: Nursing Facility
facility)
Days 1 - 20 $0 per day. No prior hospital stay is
Days 21 - 100 $128 per day required
100 days for each benefit You are covered for 100 days
period. each benefit period
A benefit period begins the Prior authorization is required '
day you go to a hospital or
skilled nursing facility The
benefit period ends when you
have not received hospital or
skilled nursing care for 60
days in a row. If you go into
the hospital after one benefit
period has ended, a new
benefit period begins. You
must pay the inpatient hospital
deductible for each benefit
period There is no limit to the
number of benefit periods you
can have
4 - Home Health Care $0 copay Authorization rules may
(Includes medically apply
necessary intermittent
skilled nursing care, $0 copay for Medicare-
home health aide covered home health visits.
services, and
rehabilitation services,
etc.
5 - Hospice You pay part of the cost for You must receive care from a
outpatient drugs and inpatient Medicare-certified hospice
respite care
You must receive care from a
Medicare-certified hospice
i
CO2733 - 0036900a 4
GHC Medicare Employer
!"::-`_Benefit Category Original Medicare
Group Plan
OUTPATIENT CARE
6 - Doctor Office Visits 20% coinsurance General
See "Routine Physical
Exams" for more information
iAuthorization rules may
apply
IIn-Network
You pay the lesser of the
Group cost share or $20 copay
for each primary care doctor
office visit for Medicare-
covered services
' You pay the lesser of the
Group cost share or $20 copay
for each specialist visit for
Medicare-covered services
7 - Chiropractic 20% coinsurance In-Network
Services You pay the lesser of the
Routine care not covered Group cost share or $20 copay
for Medicare-covered visits.
20% coinsurance for manual
manipulation of the spume to Medicare-covered chiropractic
correct subluxation if you get visits are for manual
it from a chiropractors or manipulation of the spine to
1 other qualified provider correct a displacement or
misalignment of a joint or
You pay 100% for routine body part
1 care
8 - Podiatry Services 20% coinsurance General
Authorization rules may
Routine care not covered. apply
20% coinsurance for M-Network
medically necessary foot care, You pay the lesser of the
including care for medical Group cost share or $20 copay
conditions affecting the lower for Medicare-covered visits
limbs.
Medicare-covered podiatry
benefits are for medically-
necessary foot care
CO2733-0036900a 5
i
Benefit Category Original Medicare GHC Medicare Employer
Group Plan
9 - Outpatient Mental 50% coinsurance for most In-Network
Health Care outpatient mental health You pay the lesser of the
services Group cost share or $20 copay
for each Medicare-covered
individual or group therapy
visit.
10 - Outpatient 20% coinsurance In-Network
Substance Abuse Care $0 copay for Medicare-
covered visit
11 - Outpatient 20% coinsurance for the General
Services/Surgery doctor Authorization rules may
apply.
20% of outpatient facility
In-Network
You pay the lesser of the
Group cost share or $200 for
each Medicare-covered '
ambulatory surgical center
visit
You pay the lesser of the
Group cost share or $200 for
each Medicare-covered
outpatient hospital facility
visit
12 - Ambulance 20% coinsurance General
Services Authorization rules may
(medically necessary apply.
ambulance services)
In-Network
You pay the lesser of the
Group cost share or $150 for ,
Medicare-covered ambulance
services
13 - Emergency Care 20% coinsurance for the ln-Network
(You may go to any doctor You pay the lesser of the
emergency room if you Group cost share or $ 50 for
reasonably believe you 20% of facility charge or a set each Medicare-covered
need emergency care) copay per emergency room emergency room visits
visit
Out-of-Network
You don't have to pay this Worldwide coverage.
amount if you are admitted to
the hospital for the same
condition within 3 days of the
emergency room visit '
CO2733 -0036900a 6 '
Benefit Category Original Medicare GHC Medicare Employer
Group Plan
Emergency Care NOT covered outside the U S In and Out-of-Network
(cont.) except under limited If you are admitted to the
circumstances hospital within 1 day for the
same condition, you pay SO
for the emergency ernergency room visits.
14 - Urgently Needed 20% coinsurance, or a set You pay the lesser of the
Care copay Group cost share or S20 for
(This is NOT each Medicare-covered
emergency care, and in NOT covered outside the U.S. urgently needed care visit.
most cases, is out of the except under limited
service area) circumstances.
15 - Outpatient 20% coinsurance General
Rehabilitation Services Authorization rules may
(Occupational Therapy, apply
Physical Therapy,
Speech and Language In-Network
Therapy) You pay the lesser of the
Group cost share or $20 for
Medicare-covered
Occupational Therapy visits.
You pay the lesser of the
Group cost share or $20 for
Medicare-covered Physical
Therapy and/or
Speech/Language Therapy
visits
OUTPATIENT MEDICAL SERVICES AND SUPPLIES
16 - Durable Medical 20% coinsurance General
Equipment Authorization rules may
(Includes wheelchairs, apply.
oxygen, etc )
In-Network
You pay the lesser of the
Group cost share or 20% of
the cost for Medicare-covered
items
17 - Prosthetic Devices 20% coinsurance General
(Includes braces. Authorization rules may
artificial limbs and eyes, apply
etc.)
In-Network
You pay the lesser of the
Group cost share or 20% of
the cost for Medicare-covered
items.
CO2733 -0036900a 7
Benefit Category GHC Medicare Employer
g y Original Medicare Group Plan
18 - Diabetes Self- 20% coinsurance General
Monitoring Training Authorization rules may
and Supplies apply.
(includes coverage for
glucose monitors, test In-Network
strips, lancets, and self- $0 copay for Diabetes self-
management training) monitoring training
You pay the lesser of the ,
Group cost share or 20% of
the cost for Medicare-covered
Diabetes Supply items.
19 - Diagnostic Tests, 20% coinsurance for General
X-Rays, and Lab diagnostic tests and X-rays Authorization rules may apply
Services In-Network
$0 copay for Medicare- $0 copay for Medicare-
covered lab services covered ,
- bb so vices
- d(a�nalaC procedures and tests
Lab Services Medicare _ X-rays
covers medically necessary - Diagnostic radiology
diagnostic lab services that are services (not including X-
ordered by your treating rays)
doctor when they are provided - therapeutic radiology
by a Clinical Laboratory services
Improvement Amendments
(CLIA) certified laboratory
that participates in Medicare
Diagnostic lab services are
done to help your doctor
diagnose or rule out a
suspected illness or condition.
Medicare does not cover most
routine screening tests, like
checking your cholesterol
PREVENTIVE SERVICES
20 - Bone Mass 20% coinsurance General
Measurement Authorization rules may
(for people with Covered once every 24 apply.
Medicare who are at months (more often if
risk) medically necessary) if you In-Network
meet certain medical $0 copay
conditions
21 - Colorectal 20% coinsurance General
Screening Exams Authorization rules may
(for people with Covered when you are high apply.
Medicare age 50 and risk or when you are age 50
older) and older
CO2733-0036900a 8
' Benefit Category Original Medicare GHC Medicare Employer
Group Plan
Colorectal Screening In-Network
' Exams (cont.) $0 copay for Medicare-
covered Colorectal
Screenings.
22 - Immunizations $0 copay for Flu and General
(Flu vaccine, Hepatitis Pneumoma vaccines Authorization rules may
B vaccine for people apply
with Medicare who are 20% coinsurance for Hepatitis
at risk, Pneumonia B vaccine. In-Network
vaccine) SO copay for Flu and
I You may only need the Pneumonia vaccines
Pneumoma vaccine once to
your lifetime Call your doctor SO copay for Hepatitis B
for more information vaccine
No referral necessary for Flu
and Pneumonia vaccines
Referral required for other
immunizations.
23 - Mammograms 20% coinsurance In-Network
(Annual Screening) $0 copay for Medicare-
(for women with No referral needed. covered screening
1 Medicare age 40 and mammograms
older) Covered once a year for all
women with Medicare age 40
and older One baseline
mammogram covered for
women with Medicare
' between age 35 and 39
24 - Pap Smears and $0 copay for Pap Smears once In-Network
Pelvic Exams every 2 years Covered once a $0 copay for Medicare-
(for women with year for women with covered pap smears and pelvic
Medicare) Medicare at high risk. exams
20% coinsurance for pelvic
exams
25 - Prostate Cancer 20% coinsurance for the General
Screening Exams digital rectal exam Authorization rules may
(For men with :Medicare apply
age 50 and older) $0 for the PSA test, 20%
coinsurance for other related In-Network
services $0 copay for Medicare-
covered prostate cancer
Covered once a year for all screenings
men with Medicare over age
50
CO2733-0036900a 9
GHC Medicare Employer'''
Benefit'Category Original Medicare J'' Group Plan
26— ESRD 20% coinsurance for dialysis General
Authorization rules may '
apply
Out-of-area Renal Dialysis
services do not require
Authorization
In-Network
$0 copay for in and out-of-
area dialysis
$0 copay for Nutrition
Therapy for Renal Disease
27 - Outpatient Most drugs not covered. Your Employer Group
Prescription Outpatient Prescription drug
Drugs (You can add prescription benefit applies
Drugs covered under drug coverage to Original
Medicare Part B Medicare by joining a Please contact the plan for
(Original Medicare) Medicare Prescription Drug details.
Plan).
Drugs covered under
Part D (Prescription
Drug Benefit)
28 - Dental Services Preventive dental services In-Network
(such as cleaning) not Dental benefits not covered
covered
29 - Hearing Services Routine hearing exams and Your Employer Group benefit
heanng aids not covered. applies '
20% coinsurance for
diagnostic hearing exams
30 — Vision Services 20% coinsurance for Your Employer Group benefit
diagnosis and treatment of applies
diseases and conditions of the
eye.
Routine eye exams and
glasses not covered
Medicare pays for one pair of
eyeglasses or contact lenses
after cataract surgery.
Annual glaucoma screenings '
covered for people at risk
CO2733 -0036900a 10
Benefit Category GHC Medicare Employer ,
g ry Original Medicare Group Plan
31 - Physical Exams 20% coinsurance for one $0 copay for routine exams
1 exam within the first 6 months
of your new Medicare Part B
coverage.
The coverage does not include
lab tests.
Health/Wellness Not covered In-Network
Education This plan covers
health/wellness education
benefits.
- Smoking Cessation
- Health Club
Membership/1 tness Classes
Transportation Not covered General
(Routine) Authorization rules may
apply
In-Network
$150 copay for one-way trips
to a Plan-approved location
US Visitor/Traveler Non-emergent and/or non-
Benefit urgently needed care received
while temporarily traveling
outside GHC's Medicare
Service Area is payable at
Medicare benefit levels up to
$2,000 per Member per
calendar year The GHC MA
Plan pays 80% of Medicare
allowable reimbursement
schedules for Medicare
covered services ONLY.
' Member is responsible for all
Medicare inpatient and
outpatient Deductibles and
Comsurances
Member pays the lesser of the
Group Cost Share or 20% of
the cost for each stay in a non-
network hospital or inpatient
Ipsychiatric hospital
CO2733-0036900a 1 t
IMPORTANT INFORMATION ABOUT YOUR OUTPATIENT CARE APPEAL RIGHTS '
For more information about your appeal rights, call us toll free at: 1-888-901-4636.
There Are Two Kinds of Appeals You Can File r
Standard (30 days)- You can ask for a standard appeal We must give you a decision
no later than 30 days after we get your appeal (We may extend this time by up to 14
days if you request an extension, or if we need additional information and the extension
benefits you.) ,
Fast (72 hour review)- You can ask for a fast appeal if you or your doctor believes that
your health could be seriously harmed by waiting too long for a decision We must '
decide on a fast appeal no later than 72 hours after we get your appeal (We may
extend this time by up to 14 days if you request an extension, or if we need additional
information and the extension benefits you ) ,
• If any doctor asks for a fast appeal for you, or supports you in asking for one, and
the doctor indicates that waiting for 30 days could seriously harm your health, we will
automatically give you a fast appeal
• If you ask for a fast appeal without support from a doctor, we will decide if your ,
health requires a fast appeal If we do not give you a fast appeal, we will decide
your appeal within 30 days.
What Do I Include With My Appeal?
You should include your name, address, Member ID number, reasons for appealing,
and any evidence you wish to attach You may send in supporting medical records,
doctors' letters, or other information that explains why we should provide the service
Call your doctor if you need this information to help you with your appeal You may send ,
in this information or present this information in person if you wish.
How Do I File An Appeal?
For a Standard Appeal: You or your authorized representative should mail or deliver
your written appeal to the address (es) below
MAIL:
Group Health Cooperative
GHC Appeals Department
PO Box 34593
Seattle, WA 98124-1593 ,
Attn Appeals'Coordinator
HAND DELIVER:
12400 E Marginal Way South
Seattle, WA 98168-2559
CO2733 -0036900a 12
1 For a Fast Appeal: You or your authorized representative should contact us by
telephone or fax: telephone 206-901-7350, fax 206-901-7340
' What Happens Next? If you appeal, we will review our decision. After we review our
decision, if any of the services you requested are still denied, Medicare will provide you
1 with a new and impartial review of your case by a reviewer outside of your Medicare
Advantage (formerly Medicare Plus Choice) Organization If you disagree with that
decision, you will have further appeal rights You will be notified of those appeal rights if
' this happens
Contact Information:
If you need information or help, call us at-
Toll Free: 1-888-901-4636
TTY/TTD 1-800-833-6388
Other Resources To Help You:
Medicare Rights Center 1-800-445-6941
Toll Free 1-888-HMO-9050
TTY/TTD 1-800-521-8890
Elder Care Locator
Toll Free 1-800-677-1116
' 1-800-MEDICARE (1-800-633-4227)
TTY/TTD 1-877-486-2048
rCO2733-0036900a 13
IMPORTANT INFORMATION ABOUT YOUR HOSPITAL CARE APPEAL RIGHTS '
For more information about your appeal rights, call us toll free at: 1-888-901-4636.
How Do You Get an Immediate Review?
QualisHealth is the name of the Quality Improvement Organization (QIO) authorized by
Medicare to review the Hospital care provided to Medicare patients You or your ,
authorized representative, attorney, or court appointed guardian must contact the
QIO by telephone or in writing
QualisHealth - QIO ,
10700 Meridian Avenue
Seattle, WA 98133 ,
Toll Free 1-800-445-6941, option 2
Local 206-364-9700
FAX- 206-368-2419 ,
TTY. 1-800-251-8890
1 If you file a written request, please write, "I want an immediate review" '
2. Your request must be made no later than noon of the first working day after
you receive this notice.
3. The QIO will make a decision within one full working day after it receives your
request, your medical records, and any other information it needs to make a
decision
4 While you remain in the Hospital, Group Health will continue to be responsible for
paying the costs of your stay until noon of the calendar day following the day the
QIO notifies you of its official Medicare coverage decision
What If the QIO Agrees With Our Coverage Decision?
If the QIO agrees, you will be responsible for paying the cost of your hospital stay
beginning at noon of the calendar day following the day the QIO notifies you of its
Medicare coverage decision
What If the QIO Disagrees With Our Coverage Decision?
You will not be responsible for paying the cost of your additional hospital days, except
for certain convenience services or items not covered by your contract.
What If You Don't Request an Immediate Review? ,
If you remain in the hospital and do not request an immediate review by the QIO, you
may be financially responsible for the cost of many of the services you receive beginning '
[specify the date of the first non-covered day].
CO2733-0036900a 14 ,
If you leave before the day following the date of this notice you will not be responsible for
the cost of care As with all hospitalizations, you may have to pay for certain convenience
services or items not covered by your Health Plan
What If You Are Late Or Miss the Deadline To File For an Immediate Review?
If you are late or miss the noon deadline to file for an immediate review by your QIO,
you may still request an expedited (fast) appeal from Group Health A "fast' appeal
means Group Health will have to review your request within 72 hours However, you will
not have automatic financial protection during the course of your appeal This means
you could be responsible for paying the costs of your hospital stay beginning the day
following the date of this notice
For a Fast Appeal: You or your authorized representative should contact us by
telephone or fax telephone 206-901-7350, fax 206-901-7340
1. When you do so say or write "I want a fast appeal."
2 If you filed for an immediate Q1O review but missed the deadline the QIO will forward
' the request to Group Health to process a fast appeal
CO2733-0036900a 15
1 Kent City Council Meeting
Date May 6, 2008
' Category Consent Calendar — 6E
1. SUBJECT: REGIONAL FIRE PROTECTION SERVICE AUTHORITY PLANNING
COMMITTEE — AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Fire Department to proceed with
the formation of a planning committee to develop a recommended structure for a Regional
Fire Protection Service Authority.
' The Kent Fire Department has completed a nine month process of meetings and discus-
sions with the Fire Authority Stakeholders Group (FASG), which was comprised of various
interests related to fire protection in the City of Kent and King County Fire District 37
' The FASG evaluated three alternatives in providing future fire protection services. The
first alternative included continuing with the current Joint agreement between the City and
King County Fire District 37, the second alternative included the possibility that the City
' could annex into Fire District 37, and the third alternative considered the possibility that a
new entity, the Regional Fire Protection Service Authority (RFPSA), could be created as
permitted by State law.
' On January 24, 2008, the FASG reached consensus on the selection of Alternative 3, the
Regional Fire Protection Service Authority, (RFPSA), as their preferred alternative
This recommendation is being submitted to the Kent City Council and the Board of
Commissioners of Fire District 37, for their respective consideration The recommendation
is to form a planning committee to define the specific organization, funding sources,
capital assets, and operational aspects of the RFPSA. The planning committee would
consist of six elected officials, three of which would be from the City of Kent
' 3. EXHIBITS: Memo and Executive Summary of the City and King County Fire
District 37 Regional Fire Protection Stakeholders Report
1 4. RECOMMENDED BY: Staff and Operations Committee 4/15/08
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? not to exceed $10,000 Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
FIRE ADMINISTRATION 3
- Jim Schneider
' Fire Chief/Director of Emergency Management
24611 1161h Ave SE
Kent, WA 98030
Fax 253-856-6300
' KEN T
WASHINGTON PHONE: 253-856-4300
' April 15, 2008
' To: Operations Committee
From: Jim Schneider, Fire Chief
' Regarding: Authorization to form a Planning Committee for Regional Fire Protection
Service Authority ('RFPSA")
MOTION: Recommend Council, at its May 6, 2008 meeting, authorize the
Kent Fire Department to proceed with the formation of a planning committee
' to develop a recommended structure for a Regional Fire Protection Service
Authority.
' SUMMARY: The Kent Fire Department, has completed a nine month process of meetings
and discussions with the Fire Authority Stakeholders Group (FASG), which was comprised
' of various interests related to fire protection in the City of Kent and King County Fire
District 37.
' The FASG evaluated three alternatives in providing future fire protection services. The
first alternative included continuing with the current joint agreement between the City of
Kent and King County Fire District 37; the second alternative included consideration of
the possibility that the City of Kent could annex into Fire District 37; the third alternative
considered the possibility that would create a new entity, the RFPSA, as permitted by
State law.
On January 24, 2008, the FASG reached consensus on the selection of Alternative 3, the
RFPSA, as their preferred alternative. This recommendation will be submitted to the Kent
City Council and the Board of Commissioners of Fire District 37, for their respective
' consideration
If the elected officials of both Jurisdictions concur, then a planning committee would be
' formed to define the specific organization, funding sources, capital assets, and
operational aspects of the RFPSA.
The recommendation before the City of Kent, is only to proceed forward in forming a
planning committee, consisting of elected officials, of which three of the six planning
committee members would be from the City of Kent, to put the plan together of what a
' RFPSA would look like.
EXHIBIT: Executive Summary of the City of Kent and King County Fire District 37
' Regional Fire Protection Stakeholders Report
BUDGET IMPACT: None
City of Kent Fire Department- Internationally Accredited Fire Agency
1
City of Kent and King County Fire District #37
1 Regional Fire Protection Stakeholders Report
Executive Summary
February 6, 2008
Prepared For:
City of Kent Fire Department
24611 116`h Ave SE
Kent, WA 98030
King County Fire District #37
24611 1W" Avenue SE
Kent, WA 98030
Kent Fire/Fire District tt37-Fire Authority Stakeholder's Report Page 1
Executive Summary ,
This report is the product of a 9-month process of meetings and discussions by the Fire
Authority Stakeholders Group (FASG). The FASG was formed in April 2007 to
represent the various interests related to fire protection in the Kent area. Led by Bill
Stewart (Fire District#37 Commissioner) and Ron Harmon (Kent City Council
Member), the 17-member FASG met monthly to discuss the current situation of fire
services, pressures from population growth, and alternative solutions.
Currently fire protection services are provided under a joint agreement between the City
of Kent and Fire District#37 The joint entity (herein called Kent Fire/Fire District#37)
serves Kent, nearby portions of unincorporated King County, and the City of Covington.
The FASG reviewed data presented by Kent Fire/Fite District#37 defining the problems
faced by the District In brief. these data include•
• Population growth data for 1991 to 2006 showing an increase of 54%, and
emergency incidents increasing by 65%, while daily staffing of the fire department
increased only 8%.
• Budget trends from 1996 to 2006 that indicate fire services represent a declining
portion of the City's budget (from 27 4% to 25%), white overall budget levels have
increased.
• Revenue limits, based on voter initiatives that have capped property tax increases to
1% This is particularly limiting for the Fire District, which relies heavily on
property tax, rather than the City of Kent, which has more diverse sources of
revenues.
• Performance levels, which show that Kent Fire/Fire District #37 is exceeding its 4
minute and 15 second drive time goal 35% of the time for EMS responses and 46%
of the time for fire responses Because of traffic congestion, drive times for fie
responses have increased 59 seconds since 2000
• Comparisons with six other fire districts/departments that show the Kent Fire/Fire
District#37 has the highest level of daily incidents per firefighter of the group
surveyed
• Evaluations of future growth that Show a potential increase of population by 2016 of
43,000 and a potential increase in commercial development of 38 million square
feet.
• Evaluations of current and future needs for service based on anticipated growth
through 2016 that identify specific locations for additional fire stations needed to
address growth, and estimates of equipment and personnel required to meet level of
service goals
The primary alternatives evaluated by the group include:
• Alternative 1 examines the current situation and provides a baseline comparison.
In this situation, Fire District#37 (which includes the City of Covington) operates
jointly with the Kent Fire Department. The combined budget is generated by
property taxes and a variety of other taxes and revenues which support the City's
Kent Fire/Fire District#37—Executive Summary Page 2
! General Fund. Additional sources of revenue could include development impact
fees or borrowing for capital improvements, although these cannot used for
personnel costs.
! • Alternative 2 considers the possibility that the City of Kent could annex into Fire
District#37, as has the City of Covington In this event, the Kent Fire Department
! would be eliminated and all services for the combined service area would be
provided by the newly expanded Fire District#37 This option could include a fire
benefit charge to generate additional funds, in addition to the property tax
! • Alternative 3 considers the possibility that the City of Kent and Fire District#37
could jointly forma Regional Fire Protection Service Authority (RFPSA). In this
! event, the RFPSA would be governed by a board consisting of elected
representatives from the current Fire District and the City of Kent. This option could
include a fire benefit charge to generate additional funds, in addition to the property
' tax
The alternatives offer different approaches to resolving the problems faced by Kent
! Fire/Fire District#37 The primary advantages and disadvantage of each alternative are
highlighted briefly below
• Alternative I allows for increases in revenue through the use of impact fees and
bonds (borrowing) for the city and fire benefit charges for the District The city
sources could provide additional funds for capital facilities, but these funds would
not be available for personnel costs The District could impose a fire benefit charge,
but this charge cannot apply to areas within the City of Kent The primary
advantage of this alternative is that it is relatively simple to implement and would
not involve changes to the current organizational structure.
• Alternative 2 involves the City of Kent annexing into Fire District#37. This
approach offers the advantage of an existing operating entity and a known procedure
to implement. The City of Kent may consider it a disadvantage that they would not
have direct administrative control of the expanded Fire District, but citizens of Kent
would participate in electing the Board members If this alternative is chosen, the
implementation must occur quickly, before the City of Kent reaches 100,000 in
population, as state regulations prohibit cities over that size from annexing into a fire
di strict.
• Alternative 3 creates a new entity, the Regional Fire Protection Service Authority
(RFPSA), as permitted by state laws This approach offers the advantage of creating
a new organization that can easily expand over time and could allow for greater
efficiencies in service. Another advantage is that the City of Kent would still have
some administrative control of the new entity, since the governing board is formed
by choosing elected officials from each of the entities involved. One disadvantage of
! this approach is that it is relatively new and that there are a number of details to be
planned and negotiated, without many established models to follow.
!
Kent Fire/Fire District#37—Executive Summary Page 3
The FASG examined the financial implications of each of the three alternatives In
general, both Alternative 2 and Alternative 3 have the same financial implications, as
each includes the use of a fire benefit charge to generate additional funds for fire service
personnel and facilities. This change from a general fund tax base to a fire benefit
charge and property tax represents a change in philosophy about fire service—from a
public service with funding based on the property's assessed value to a semi-public
service with a funding method that looks at a combination of assessed value, potential
risk, and the degree the property benefits from the protection provided by the fire
department.
In terms of costs to the taxpayer, the calculations for system-wide effects show that costs
(property tax and the fire benefit charge combined) may increase over cut rent levels by
8 7% for taxpayers in the Fire District and 5 1% to 24.6% for taxpayers in the City of
Kent. These increases are based on budget projections that provide the additional fire
stations, personnel, and equipment needed to maintain or improve levels of service to
serve the growing population and to meet the service goals established in the Fire
District's accreditation process. These are preliminary estimates based on current taxes,
assumptions about future budgets, and depend on a series of choices and negotiations by
both the City of Kent and the Fire District.
The implications of the increased costs for individual taxpayers will depend on land use
types and development characteristics. These are highty variable, based on a number of
factors and can include decreases of costs for Some taxpayers and increases for others in
all categories Based on the proposed formulas, owners of multi-family parcets will see
the largest potential increases, with a median increase of 12.13% Commercial and
industrial parcel owners would see a median increase of 2 3% For all single-family
parcel sizes combined, the median increase is projected to be 2.6% These formulas are
proposed at this time and likely would be turther adjusted during the planning process
The FASG meeting of January 24, 2008 was the culmination of the 9-month study At
this meeting, the FASG reached three decisions•
1. Agree upon the language for the objectives of the study, ,
2. Agree upon a process to reach consensus on the alternatives, and
3. Apply that process in the selection of a preferred alternative.
The final language agreed upon for the objectives of the study is provided in Section 1.4 '
of this document The process to reach consensus is described in Section 8 1 of this
document The FASG reached consensus on the selection of Alternative 3, the Regional
Fire Protection Service Authority (RFPSA), as their preferred alternative This
recommendation will be submitted to the Board of Commissioners of Fire District#37
and the Kent City Council for their consideration if the elected officials of both groups
concur, then a Planning Committee would be formed to define the specific organization,
funding sources, capital assets, and operational aspects of the RFPSA If the elected
officials of both groups concur with the recommendations of the Planning Committee,
the proposed RFPSA would be submitted to the voters for approval This process is
expected to require a year or more and is targeted for completion in 2009 or 2010
Kent Fire/Fire District#37—Executive Summary Page 4
t
' Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6F
1 1. SUBJECT: FIRE SPRINKLER SYSTEM INSTALLATION AND FIRE ALARM
SYSTEM UPGRADE AGREEMENT - AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Smith Fire Systems in the amount of $85,174.78 for the installation of a fire
sprinkler system and fire alarm system upgrade at Fire Station 76 and its
maintenance facility.
Smith Fire Systems will provide all equipment and labor necessary to install a fire
sprinkler system for the Kent Fire Station 76 Maintenance Facility and upgrade the
existing fire alarm system at both the Kent Fire Station 76 and its maintenance
' facility.
i
3. EXHIBITS: Memo and Agreement
4. RECOMMENDED BY: Operations Committee 4/15/08
(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:
9
Parks, Recreation and Community Services
Jeff Watling, Director
• Phone 253-856-5007
K E N T Fax 253-856-6050
1
Address 220 Fourth Avenue S
WASHINGTON
Kent, WA 98032-5895
' DATE: April 15, 2008
TO: Operations Committee
FROM: Charlie Lindsey, Superintendent of Facilities
THROUGH: Jeff Watling, Director, Parks, Recreation and Community Services
RE: Agreement for Installation of Fire Sprinkler System at Kent Fire Station
76 Maintenance Facility and Upgrade of Fire Alarm System at Kent Fire
Station 76 and Fire Station 76 Facility Maintenance - Approve
MOTION: Recommend Council authorize the Mayor to sign an agreement
I with Smith Fire Systems, Inc. in the amount of $85,174.78, for the
installation of a fire sprinkler system at the Fire Station 76 Maintenance
Facility, and for the upgrade of the existing fire alarm system installed at
Fire Station 76 and its maintenance facility.
Summary:
Under this agreement, Smith Fire Systems will provide all necessary equipment and
will install a fire sprinkler system at the City's Fire Station 76 Maintenance Facility.
Additionally, Smith Fire Systems will update the fire alarm system installed at Fire
Station 76 and its Maintenance Facility. The updates are needed because the
existing system is not adequate to support both Fire Station 76 and its Maintenance
Facility.
If approved, the work provided for under this agreement will be completed within
90 days.
Exhibits: Public Works Agreement with Smith Fire Systems, Inc.
Budget Impact: Funding for work under this agreement is within the City's
established budget.
KENT
WASHINOTON
PUBLIC WORKS AGREEMENT
between City of Kent and
Smith Fire Systems, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Smith Fire Systems, Inc. organized under the laws of
the State of Washington, located and doing business at 1106 54th Ave East, Tacoma, Wa
98424,253-926-1880, John Lutterloh (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Provide all equipment and labor necessary to install a fire sprinkler system for Kent
Fire Station 76 Maintenance Facility, and upgrade the fire alarm system at both the
Kent Fire Station 76 and the Maintenance Facility located at 20676 72nd Ave S., in
the City of Kent, in accordance with Vendor's Scope of Work and price quote
attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, the Contractor shall complete the work described in Section I within 90
days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$85,174.78, plus any applicable Washington State Sales Tax, for the work and services
contemplated in this Agreement. The City shall pay the Contractor fifty percent (500/0) of the
Contract amount upon completion and acceptance of the work by the City, and the remainder
upon fulfillment of the conditions listed below and throughout this Agreement.
A. No Performance Bond. Because this contract, including applicable sales tax,
is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of
providing the City a performance bond, has elected to have the owner retain the
PUBLIC WORKS AGREEMENT - 1
final fifty percent (50%) of the Contract amount for a period of sixty (60) days after
the date of final acceptance, or until receipt of all necessary releases from the State ,
Department of Revenue and the State Department of Labor & Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective or
unauthorized work includes, without limitation: work and materials that do not
conform to the requirements of this Agreement; and extra work and materials
furnished without the City's written approval. If Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete t
the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional Costs, from
any and all amounts due or to become due the Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL
PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Contractor 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. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work. I
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
PUBLIC WORKS AGREEMENT - 2
t
' VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor'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
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
L right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor 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.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor'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.
PUBLIC WORKS AGREEMENT - 3
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor 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 Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor 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, 1
the Contractor 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 Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
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 parts are repaired or replaced, 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 Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
PUBLIC WORKS AGREEMENT - 4
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' XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor 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.
Contractor 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.
XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
L 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 Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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.
XIII. INSURANCE. The Contractor 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.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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.
XV. 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.
PUBLIC WORKS AGREEMENT - 5
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 XII 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 Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, togetherl
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 Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable`
to Contractor'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.
CONTRACTOR: CITY OF KENT:
PUBLIC WORKS AGREEMENT - 6
ay: 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:
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CONTRACTOR: CITY OF KENT:
iJohn Lutterloh Charles (Charlie) Lindsey, Supertintendent of
Smith Fire Systems, Inc. Facilities
1106 54th Ave East City of Kent
Tacoma, Wa. 98424 220 Fourth Avenue South
Kent, WA 98032
253-926-1880 (telephone)
253-926-2350 (facsimile) (253) 856-5082 (telephone)
(253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
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Smkhlires[atspAnkle
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PUBLIC WORKS AGREEMENT - 7
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. I
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_.
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By:
For:
Title: l
Date:
--- -I-.r. TA G.iC r n!`I IMCAITC - 1
CITY OF KENT
ADMINISTRATIViE 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 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.
i
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MI TART! [= Mr%r/ I IMCAITC _ ')
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the i
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:
rr� /' hAMI TAAI/"C Mf/%r'I IMCKITC _ Z
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(253)926-1880 • FAX(253)926-2350
1 SMITH FIRE SYSTEMS, INC 1106 54th Avenue East • Tacoma,Washington 98424
iMarch 6, 2008
City of Kent
Parks Planning and Development
220 Fourth Ave. S.
Kent, WA 98032
Attention: Mike Hattrup
i Reference: Kent Fire Station 76 Maintenance Facility Fire Alarm & Sprinkler Installation
20676 72"d Ave South
Kent, WA
Estimate #: T207-0615
i Mike,
The following is our updated proposal to provide a fire sprinkler system and fire alarm system for f
the above referenced project. This includes flushing of the underground lead-in, as well as, the
updated fire alarm work.
Smith Fire Systems will provide materials, design, permits and installation labor for the amount
of$78,142.00, plus applicable state and local taxes Our price includes only that described in the
attached Scope of Work.
This price is based upon a mutually agreeable subcontract, work being performed during normal
business hours, and will remain in effect for 15 days, after which it will be subject to our review.
If you have any questions regarding this, please contact me. Thank you for the opportunity to
make this proposal.
Sincerely,
SMITH FIRE SYSTEMS, INC,
goA"z yffwe i
John Lutterloh
Estimating Manager
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,I
3/6/08
SCOPE OF WORK
Kent Fire Vehicle Maintenance Facility
20676 72"d Ave. South, Kent, WA
i
FIRE SPRINKLER SYSTEM
i
This proposal is based upon my visit to the site on 1/9/08, NFPA#13 (2002 Edition), IFC (2006
edition) and the requirements of the City of Kent. ,
A) Smith Fire Systems will install a wet system to protect the building.
B) Bronze upright sprinklers on exposed piping will be installed below the high ceiling
throughout the facility.
C) Quick response bronze upright sprinklers will be installed in the truss space above the
high ceiling in the shop area.
D) Quick response chrome semi-recessed pendent sprinklers will be installed at the
suspended ceilings in the office. '
E) A combination of bronze upright sprinklers and bronze sidewall sprinklers on exposed
piping will be installed to protect the areas below the mezzanine with hard ceilings.
F) Bronze horizontal sidewall sprinklers will be installed below the overhead doors.
G) Bronze dry horizontal sidewall sprinklers will be installed to protect the open wash bay.
H) Design Criteria.
Office, Attic Light Hazard
Shop, Parts Room, Wash Bay Ordinary Hazard
1) Riser Equipment (located in SW corner of the Parts Room)
1 —Alarm valve with water motor gong
1 —Water flow indicator
CLARIFICATIONS
A) This proposal is based upon beginning work inside the building at the existing 6" flange.
B) Permit and plan review fees, based upon current published schedules, are included. i
C) This proposal is based upon having the following minimum water supply available at the
site: 78psi static, 62psi residual while flowing 3018gpm This information is from a
project located approximately 6 blocks away.
D) Removal and reinstallation of ceiling tile is included.
E) Cutting and patching of the wall for access under the stairs is included.
F) This proposal is based upon installing a wet system throughout the building. It is
assumed that the temperature will be maintained, by others, at 40 degrees or more to
prevent the water from freezing. It is assumed that the truss space above the ceiling will '
be freeze-protected as well.
G) Flushing of the underground lead-in is included.
H) SFS will install a tamper switch on the PIV.
1) O & M's and as-builts will be provided.
EXCLUSIONS
A) Structural review (and associated costs), if required, to determine if the structure is
adequate to support the weight of the sprinkler system.
3/6/08
Scope of Work
Page 2
i FIRE ALARM SYSTEM
■ All work will be performed In accordance with NFPA72 and the approval of the City of Kent
Fire Prevention Bureau.
The following is included in our proposal:
1. Provide and install one (1) new addressable fire alarm control panel (FACP), to replace
the existing Simplex 4002,
2. Provide and install one (1) remote annunciator in the maintenance shop.
3. Provide and install one (1) remote power supply in the maintenance shop.
3. Provide and install two (2) addressable smoke detectors above the FACP and Remote
Power Supply.
4. Provide and install twelve (12) additional addressable smoke detectors to replace
existing unit in the fire station.
5. Remove existing heat detectors within both buildings and install cover plates (50 total).
6. Connect new system to existing alarm transmitter in Fire Station. (See Clarifications "B')
7. Provide and install nine (9) horn/strobes in the existing horn locations
8. Provide and install six (6) addressable contact modules to monitor the sprinkler system
devices in both buildings. 1
9. Provide and install one (1) weatherproof bell and one (1)weatherproof strobe on the I
outside of the fire station facing the street. fff
10, Provide design and CADD of fire alarm system. t
i 11. Provide submittals to the City of Kent Fire Prevention Bureau.
12. Provide City of Kent Fire alarm permit and fire alarm plan review.
13. Provide electrical permit for installation of fire alarm system.
14. Provide check out of complete installed fire alarm system.
15. Provide testing of the fire alarm system with the City of Kent Fire inspector.
CLARIFICATIONS
A) Existing device locations are being re-used for this retro-fit It is not assumed that these `
existing device locations meet current building or fire codes. Counts are based on the
existing devices that are presently installed. Any upgrades to current codes or new
devices required by the Kent Fire Department, will be chargeable additions to this
proposal.
B) Existing STU will be re-used. Outputs will be configured as Alarm, Trouble, Supervisory
and Water flow for each of the two buildings. This will fill the STU's 8 inputs
C) New FACP will replace existing Simplex control in the main fire station Remote power
supply will be installed in the fire maintenance shop to power its horn/strobes. f
D) Remote annunciator will be installed in the fire maintenance shop.
E) One relay output will be provided for EMS shut down in the fire station building.
F) Our price is based on providing timely clean up and removal of Smith Fire Systems
Management debris from the job site by our personnel.
G) All work will be performed during normal business hours, Monday through Friday,
7:OOam to 5:OOpm.
3/6/08
Scope of Work
Page 3
H) All new Fire Alarm wires will be installed per the National Electrical Code (NEC), the State
of Washington Electrical Codes.
1) 120vac power to the FACP and power supplies will be provided by others.
J) Any underground conduit must have a pull string so that underground wire can be i
Installed
K) This proposal is based on job walk and conversations with Mike Hattrup and David
Gilmore.
EXCLUSIONS
A) 120vac power to the FACP and power supplies.
B) Telephone Lines for monitoring.
C) Any new connections to any shutdown functions (i.e : fire dampers, HVAC units, door
holders etc.)
D) Underground conduit from sprinkler room to yard PIV tamper switch and vault tamper
switches
E) Core drilling if necessary, for the Fire Alarm work. j
F) Any trenching or underground work.
G) Intrusion Alarm, CCTV, Access Control, Mass Notification
H) Hazardous Material Abatement (Asbestos, Lead, etc.).
1) Engineering Stamps on Drawings.
J) Demolition Work.
K) Knox Box if required by AHJ.
L) Concrete and asphalt pavement repair.
M) Any additional equipment or devices required by AHJ or Owner.
N) Fire rated mounting board for FACP and power supplies.
O) Duct detectors.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
1 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.
A. 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.
rCommercial 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 1185. 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.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $2,000,000 general aggregate
and a$2,000,000 products- completed operations aggregate limit.
I
EXHIBIT B (Continued)
I
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability, Commercial General Liability and Builders Risk 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.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance
or other property insurance obtained pursuant to the Insurance Requirements Section of
this Contract or other property insurance applicable to the work. The policies shall
provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
G. 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 Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to
loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
i
I
i Exhibit B (Continued)
H. 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
irequirements as stated herein for the Contractor.
i
i
1
State of Washington
DEPARTMENT OF LABOR AND INDUSTRIES
Prevailing Wage Section-Telephone(360)902-5335
PO Box 44540,Olympia,WA 98504-4540
Washington State Prevailing Wage Rates For Public Works Contracts
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits
On public works projects,workers'wage and benefit rates must add to not less than this total A brief description
of overtime calculation requirements Is provided on the Benefit Code Key
KING COUNTY
Effective 03-02-08
(See Benefit Code Key) ,
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code ,
ASBESTOS ABATEMENT WORKERS
JOURNEY LEVEL $3624 iH 5D
BOILERMAKERS
JOURNEY LEVEL $33 32 1
BRICK AND MARBLE MASONS
JOURNEY LEVEL $43 75 1 M 5A
CABINET MAKERS(IN SHOP)
JOURNEY LEVEL $16 67 1
CARPENTERS
ACOUSTICAL WORKER $43 91 1M 5D
BRIDGE,DOCK AND WARF CARPENTERS $43 75 1M 5D
CARPENTER $43 75 1M 5D
CREOSOTED MATERIAL $43 85 1M 5D
DRYWALL APPLICATOR $43 79 1M 5D ,
FLOOR FINISHER $43 75 1M 5D
FLOOR LAYER $43 75 1M 5D
FLOOR SANDER $43 75 1M 5D
MILLWRIGHT AND MACHINE ERECTORS $44 75 1M 5D
PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING $43 95 1M 5D
SAWFILER $4375 1M 5D
SHINGLER $43 75 1M 5D
STATIONARY POWER SAW OPERATOR $43 75 1M 5D
STATIONARY WOODWORKING TOOLS $43 75 1M 5D
CEMENT MASONS
JOURNEY LEVEL $44 58 1M 5D
DIVERS&TENDERS
DIVER $8575 1M 5D 8A
DIVER TENDER $44 22 1 M 5D '
DREDGE WORKERS
ASSISTANT ENGINEER $4459 1T 5D 8L
ASSISTANT MATE(DECKHAND) $44 08 1T 5D 8L
BOATMEN $44 59 IT 5D 8L
ENGINEER WELDER $44 64 1T 5D 8L
LEVERMAN,HYDRAULIC $46 21 1T 5D 8L
MAINTENANCE $44 08 1T 5D 8L '
MATES $44 59 1T 5D 81-
OILER $44 21 1T 5D 8L
DRYWALL TAPERS
JOURNEY LEVEL $43 59 1E 5P
ELECTRICAL FIXTURE MAINTENANCE WORKERS
JOURNEY LEVEL $18 69 1
Page 1
J
KING COUNTY
Effective 03-02-C8
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
1 Classification WAGE Code Code Code
ELECTRICIANS-INSIDE
CABLE SPLICER $55 05 1E 5A
CABLE SPLICER(TUNNEL) $58 86 1E 5A
CERTIFIED WELDER $53 16 1E 5A
CERTIFIED WELDER(TUNNEL) $57 15 1E 5A
CONSTRUCTION STOCK PERSON $28 83 1E 5A
JOURNEY LEVEL $51 25 1E 5A
JOURNEY LEVEL(TUNNEL) $55 05 1E 5A
ELECTRICIANS-MOTOR SHOP
CRAFTSMAN $15 37 2A 6C
JOURNEY LEVEL $14 69 2A 6C
ELECTRICIANS-POWERLINE CONSTRUCTION
CABLE SPLICER $56 53 4A 5A
CERTIFIED LINE WELDER $51 64 4A 5A
GROUNDPERSON $3715 4A 5A
HEAD GROUNDPERSON $3919 4A 5A
HEAVY LINE EQUIPMENT OPERATOR $51 64 4A 5A
JACKHAMMER OPERATOR $39 19 4A 5A
JOURNEY LEVEL LINEPERSON $51 64 4A 5A
LINE EQUIPMENT OPERATOR $43 83 4A 5A
POLE SPRAYER $51 64 4A 5A
POWDERPERSON $3919 4A 5A
ELECTRONIC TECHNICIANS
ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00 1
ELEVATOR CONSTRUCTORS
MECHANIC $60 85 4A 6Q
MECHANIC IN CHARGE $66 25 4A 6Q
FABRICATED PRECAST CONCRETE PRODUCTS
ALL CLASSIFICATIONS $13 15 2K 5B
FENCE ERECTORS
FENCE ERECTOR $18 71 1
FENCE LABORER $1277 1
FLAGGERS
1 JOURNEY LEVEL $31.01 1H 5D
GLAZIERS
JOURNEY LEVEL $43 76 1H 5G
I HEAT&FROST INSULATORS AND ASBESTOS WORKERS
MECHANIC $46 59 1S 51
HEATING EQUIPMENT MECHANICS
MECHANIC $33 65 1
HOD CARRIERS&MASON TENDERS
JOURNEY LEVEL $36,75 1H 5D
INDUSTRIAL ENGINE AND MACHINE MECHANICS
MECHANIC $1565 1
INDUSTRIAL POWER VACUUM CLEANER
JOURNEY LEVEL $9 24 1
INLAND BOATMEN
CAPTAIN $38 87 1K 56
COOK $32 73 1K 5B
DECKHAND $32 42 1K 5B
ENGINEER/DECKHAND $3520 1K 5B
MATE, LAUNCH OPERATOR $36 85 1K 5B
Page 2
KING COUNTY 1
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
INSPECTION/CLEANING/SEALING OF SEWER&WATER SYSTEMS BY
REMOTE CONTROL
CLEANER OPERATOR,FOAMER OPERATOR $31 49 1
GROUT TRUCK OPERATOR $11 48 1
HEAD OPERATOR $24 91 1
TECHNICIAN $19 33 1
TV TRUCK OPERATOR $20 45 1
INSULATION APPLICATORS
JOURNEY LEVEL $4375 1M 5D
IRONWORKERS
JOURNEY LEVEL $47 92 10 5A
LABORERS
ASPHALT RAKER $36 75 1H 5D
BALLAST REGULATOR MACHINE $3624 1H 5D '
BATCH WEIGHMAN $31 01 1H 5D
BRUSH CUTTER $3624 1H 50
BRUSH HOG FEEDER $3624 1H 50
BURNERS $3624 1H 5D
CARPENTER TENDER $3624 1H 5D
CASSION WORKER $37 20 1H 5D
CEMENT DUMPER/PAVING $36 75 1H 5D
CEMENT FINISHER TENDER $3624 1H 5D
CHANGE-HOUSE MAN OR DRY SHACKMAN $3624 1H 5D
CHIPPING GUN(OVER 30 LBS) $36 75 1H 5D
CHIPPING GUN (UNDER 30 LBS) $3624 1H 5D
CHOKER SETTER $3624 1H 5D
CHUCK TENDER $3624 1H 5D
CLEAN-UP LABORER $3624 1H 5D
CONCRETE DUMPERICHUTE OPERATOR $3675 1H 5D
CONCRETE FORM STRIPPER $3624 1H 5D
CONCRETE SAW OPERATOR $36 75 1H 5D
CRUSHERFEEDER $3101 1H 5D
CURING LABORER $3624 1H 5D
DEMOLITION,WRECKING&MOVING(INCLUDING CHARRED MATERIALS) $3624 1H 5D
DITCH DIGGER $3624 1H 5D
DIVER $3720 1H 5D
DRILL OPERATOR(HYDRAULIC,DIAMOND) $36 75 1H 5D
DRILL OPERATOR,AIRTRAC $37 20 1H 5D
DUMPMAN $3624 1H 5D
EPDXY TECHNICIAN $3624 1 H 5D
EROSION CONTROL WORKER $3624 1H 5D ,
FALLERIBUCKER,CHAIN SAW $36 75 1H 5D
FINAL DETAIL CLEANUP(i e,dusting,vacuuming,window cleaning,NOT $28 45 1H 5D
construction debns cleanup)
FINE GRADERS $3624 1H 5D
FIRE WATCH $31 01 1H 5D
FORM SETTER $3624 1H 5D
GABION BASKET BUILDER $3624 1H 5D
GENERAL LABORER $3624 1H 50
GRADE CHECKER&TRANSIT PERSON $36 75 1H 5D
GRINDERS $3624 1H 5D
GROUT MACHINE TENDER $3624 1H 5D
Page 3
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
! Classification WAGE Code Code Code
GUARDRAIL ERECTOR $3624 1H 5D
' HAZARDOUS WASTE WORKER LEVEL A $3720 1H 5D
HAZARDOUS WASTE WORKER LEVEL B $3675 1H 51D
HAZARDOUS WASTE WORKER LEVEL C $3624 1H 5D
HIGH SCALER $3720 1H 51D
HOD CARRIERWORTARMAN $3675 1H 51D
JACKHAMMER $3675 1H 5D
LASER BEAM OPERATOR $3675 1H 51D
' MANHOLE BUILDER-MUDMAN $3675 1H 51D
MATERIAL YARDMAN $3624 1H 5D
MINER $3720 1H 5D
NOZZLEMAN,CONCRETE PUMP,GREEN CUTTER WHEN USING HIGH $3675 1H 5D
PRESSURE AIR&WATER ON CONCRETE&ROCK, SANDBLAST,
GUNITE, SHOTCRETE,WATER BLASTER
PAVEMENT BREAKER $3675 1H 5D
PILOT CAR $3101 1H 5D
PIPE POT TENDER $3675 1H 5D
PIPE RELINER(NOT INSERT TYPE) $3675 1H 5D
PIPELAYER&CAULKER $3675 1H 5D
PIPELAYER&CAULKER(LEAD) $3720 1H 5D
PIPEWRAPPER $3675 1H 5D
POT TENDER $3624 1H 5D
POWDERMAN $3720 1H 5D
POWDERMAN HELPER $3624 1H 5D
POWERJACKS $3675 1H 5D
RAILROAD SPIKE PULLER(POWER) $3675 1H 5D
RE-TIMBERMAN $3720 1H 5D
RIPRAP MAN $3624 1H 5D
RODOER $3675 1H 5D
SCAFFOLD ERECTOR $3624 1H 51D
SCALE PERSON $3624 1H 5D
SIGNALMAN $3624 1H 5D
SLOPER(OVER 20") $3675 1H 5D
SLOPER SPRAYMAN $3624 1H 5D
SPREADER(GLARY POWER OR SIMILAR TYPES) $3675 1H 5D
SPREADER(CONCRETE) $3675 1H 5D
STAKE HOPPER $3624 1H 5D
STOCKPILER $3624 1H 5D
TAMPER&SIMILAR ELECTRIC,AIR&GAS $3675 1H 5D
TAMPER(MULTIPLE&SELF PROPELLED) $3675 1H 5D
1 TOOLROOM MAN(AT JOB SITE) $3624 1H 5D
TOPPER-TAILER $3624 1H 5D
TRACK LABORER $3624 1H 5D
TRACK LINER(POWER) $3675 1H 5D
! TRUCK SPOTTER $3624 1H 5D
TUGGER OPERATOR $3675 1H 5D
VIBRATING SCREED(AIR,GAS,OR ELECTRIC) $3624 1H 5D
VIBRATOR $3675 1H 5D
' VINYL SEAMER $3624 1H 5D
WELDER $3624 1H 5D
WELL-POINT LABORER $3675 1H 5D
' Page 4
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Cade Code Code
LABORERS-UNDERGROUND SEWER&WATER
GENERAL LABORER $36 24 1 H 5D
PIPE LAYER $36 75 1 H 5D ,
LANDSCAPE CONSTRUCTION
IRRIGATION OR LAWN SPRINKLER INSTALLERS $13.56 1
LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $28 17 1
LANDSCAPING OR PLANTING LABORERS $17 87 1
LATHERS
JOURNEY LEVEL $43 79 1M 5D
METAL FABRICATION(IN SHOP) ,
FITTER $15 86 1
LABORER $9 78 1
MACHINE OPERATOR $13 04 1
PAINTER $11 10 1
WELDER $15 48 1
MODULAR BUILDINGS
CABINET ASSEMBLY $11 56 1
ELECTRICIAN $11 56 1
EQUIPMENT MAINTENANCE $11 56 1
PLUMBER $11.56 1
PRODUCTION WORKER $9 40 1
TOOL MAINTENANCE $11 56 1
UTILITY PERSON $11 56 1
WELDER $11 55 1
PAINTERS
JOURNEY LEVEL $33 94 213 5A
PLASTERERS
JOURNEY LEVEL $4310 1R 5B
PLAYGROUND&PARK EQUIPMENT INSTALLERS
JOURNEY LEVEL $8 42 1
PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $57 34 113 5A
POWER EQUIPMENT OPERATORS
ASSISTANT ENGINEERS $4214 IT 5D 8L
BACKHOE, EXCAVATOR, SHOVEL (3 YD&UNDER) $44 92 1T 5D 8L
BACKHOE, EXCAVATOR,SHOVEL (OVER 3 YD&UNDER 6 YD) $45 41 1T 5D 8L
BACKHOE, EXCAVATOR, SHOVEL(6 YD AND OVER WITH $45 96 1T 5D 8L
ATTACHMENTS)
BACKHOES, (75 HP&UNDER) $44 50 1T 5D 8L
BACKHOES, (OVER 75 HP) $44 92 1T 5D 8L
BARRIER MACHINE(ZIPPER) $44 92 1T 5D 8L
BATCH PLANT OPERATOR,CONCRETE $44,92 1T 5D BL
BELT LOADERS(ELEVATING TYPE) $44 50 1T 5D 8L
BOBCAT(SKID STEER) $42.14 1T 5D 8L
BROOMS $4214 1T 5D 8L
BUMP CUTTER $44 92 IT 5D 8L
CABLEWAYS $45 41 1T 5D 8L
CHIPPER $44 92 1T 5D 8L
COMPRESSORS $4214 1T 5D 8L
CONCRETE FINISH MACHINE-LASER SCREED $4214 1T 5D 8L
CONCRETE PUMPS $4450 1T 5D 8L
CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $44 92 1T 5D 8L
Page 5
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
1 PREVAILING Time Holiday Note
Classification WAGE Code Code Code
CONVEYORS $44 50 1T 5D 81-
CRANES, THRU 19 TONS,WITH ATTACHMENTS $44 50 1T 5D 8L
CRANES, 20-44 TONS,WITH ATTACHMENTS $4492 1T 5D 8L
CRANES, 45 TONS-99 TONS,UNDER 150 FT OF BOOM(INCLUDING JIB $4541 1T 5D 8L
WITH ATACHMENTS)
CRANES,100 TONS-199 TONS,OR 150 FT OF BOOM(INCLUDING JIB $45 96 1T 5D 8L
WITH ATTACHMENTS)
CRANES,200 TONS TO 300 TONS,OR 250 FT OF BOOM(INCLUDING JIB $46 53 IT 5D 8L
WITH ATTACHMENTS)
CRANES,A-FRAME, 10 TON AND UNDER $42 14 1T 5D 8L
CRANES,A-FRAME,OVER 10 TON $44 50 1T 5D 8L
CRANES,OVER 300 TONS,OR 300'OF BOOM INCLUDING JIB WITH $47 09 1T 5D 8L
ATTACHMENTS
CRANES,OVERHEAD,BRIDGE TYPE(20-44 TONS) $4492 1T 5D BL
CRANES,OVERHEAD,BRIDGE TYPE(45-99 TONS) $4541 1T 5D BL
CRANES,OVERHEAD,BRIDGE TYPE(100 TONS&OVER) $45 96 1T 5D 8L
CRANES,TOWER CRANE UP TO 175'IN HEIGHT,BASE TO BOOM $45 96 1T 5D 8L
CRANES,TOWER CRANE OVER 175'IN HEIGHT,BASE TO BOOM $46 53 1T 5D 8L
CRUSHERS $4492 1T 5D 8L
DECK ENGINEER/DECK WINCHES(POWER) $4492 1T 5D 8L
DERRICK, BUILDING $4541 1T 5D 8L
DOZERS,D-9&UNDER $44 50 1T 5D 8L
DRILL OILERS-AUGER TYPE,TRUCK OR CRANE MOUNT $44 50 1T 5D 8L
DRILLING MACHINE $4492 1T 5D 8L
ELEVATOR AND MANLIFT,PERMANENT AND SHAFT-TYPE $42 14 1T 5D 8L
EQUIPMENT SERVICE ENGINEER(OILER) $44 50 1T 5D 8L
FINISHING MACHINE/BIDWELLGAMACO AND SIMILAR EQUIP $4492 1T 5D 8L
' FORK LIFTS,(3000 LBS AND OVER) $44 50 1T 5D 8L
FORK LIFTS,(UNDER 3000 LBS) $42 14 1T 5D 8L
GRADE ENGINEER $44 50 1T 5D 8L
1 GRADECHECKER AND STAKEMAN $4214 1T 5D 8L
GUARDRAIL PUNCH $4492 1T 5D 8L
HOISTS,OUTSIDE(ELEVATORS AND MANLIFTS),AIR TUGGERS $44 50 1T 5D 8L
HORIZONTAUDIRECTIONAL DRILL LOCATOR $44 50 1T 50 8L
I HORIZONTAUDIRECTIONAL DRILL OPERATOR $4492 1T 5D 81-
HYDRALIFTS/BOOM TRUCKS(10 TON&UNDER) $42 14 1T 5D 8L
HYDRALIFTS/BOOM TRUCKS(OVER 10 TON) $44 50 1T 5D 8L
' LOADERS, OVERHEAD(8 YD UP TO 8 YD) $4541 1T 5D 8L
LOADERS,OVERHEAD(8 YD&OVER) $45 96 IT 5D 8L
LOADERS,OVERHEAD(UNDER B YD),PLANT FEED $4492 1T 5D 8L
LOCOMOTIVES,ALL $4492 1T 5D 8L
MECHANICS,ALL $4541 1T 5D 8L
MIXERS,ASPHALT PLANT $4492 1T 5D 8L
MOTOR PATROL GRADER(FINISHING) $4492 1T 5D 8L
' MOTOR PATROL GRADER(NON-FINISHING) $44 50 IT 5D 8L
MUCKING MACHINE,MOLE,TUNNEL DRILL AND/OR SHIELD $4541 1T 5D 8L
OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $42 14 1T 5D 8L
OPERATOR
PAVEMENT BREAKER $42 14 1T 5D 8L
PILEDRIVER(OTHER THAN CRANE MOUNT) $4492 1T 5D 8L
PLANT OILER(ASPHALT,CRUSHER) $44 50 1T 5D 8L
POSTHOLE DIGGER,MECHANICAL $42 14 1T 5D 8L
POWER PLANT $42 14 1T 5D 8L
Page 6
KING COUNTY I
Effective 03-02-08
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*,rwwwwwxwww*wwww*wwwwwwwwwwww*wwwwwwwww**www*wwww,ewwww+r•
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Cade Code Code '
PUMPS,WATER $42 14 1T 5D 81-
QUAD 9, D-10,AND HD-41 $45 41 1T 5D 8L
REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $45 41 IT 5D 8L '
EQUIP
RIGGER AND BELLMAN $42.14 1T 5D 8L
ROLLAGON $45 41 1T 5D 8L
ROLLER,OTHER THAN PLANT ROAD MIX $42 14 1T 5D 8L
ROLLERS,PLANTMIX OR MULTILIFT MATERIALS $44 50 1T 5D 8L
ROTO-MILL,ROTO-GRINDER $44 92 1T 5D 8L
SAWS, CONCRETE $4450 1T 50 8L
SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $44 92 1 T 5D 8L
OFF-ROAD EQUIPMENT(UNDER 45 YD)
SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $45 41 1 T 5D 8L
OFF-ROAD EQUIPMENT(45 YD AND OVER) ,
SCRAPERS, CONCRETE AND CARRYALL $44 50 IT 5D 8L
SCREED MAN $44 92 1T 5D 8L
SHOTCRETEGUNITE $4214 1T 5D 8L ,
SLIPFORM PAVERS $45 41 1T 5D 8L
SPREADER,TOPSIDE OPERATOR-BLAW KNOX $44 92 1T 5D 8L
SUBGRADE TRIMMER $44 92 1T 5D 8L
TOWER BUCKET ELEVATORS $44 50 1T 5D 8L
TRACTORS,(75 HP&UNDER) $44 50 1T 5D 8L
TRACTORS,(OVER 75 HP) $44 92 1 T 5D 8L
TRANSFER MATERIAL SERVICE MACHINE $44 92 1T 5D 8L
TRANSPORTERS,ALL TRACK OR TRUCK TYPE $45 41 1T 5D 8L
TRENCHING MACHINES $44 50 1T 5D 8L
TRUCK CRANE OILER/DRIVER(UNDER 100 TON) $44 50 1T 5D 8L
TRUCK CRANE OILERIDRIVER(100 TON&OVER) $44 92 1T 5D 8L '
TRUCK MOUNT PORTABLE CONVEYER $44 92 1T 5D 8L
WHEEL TRACTORS, FARMALL TYPE $42 14 1T 5D 8L
YO YO PAY DOZER $44 92 1T 5D 8L
POWER EQUIPMENT OPERATORS-UNDERGROUND SEWER&WATER
(SEE POWER EQUIPMENT OPERATORS)
POWER LINE CLEARANCE TREE TRIMMERS
JOURNEY LEVEL IN CHARGE $37 61 4A 5A
SPRAY PERSON $35 73 4A 5A
TREE EQUIPMENT OPERATOR $36 19 4A 5A
TREE TRIMMER $33 68 4A 5A
TREE TRIMMER GROUNDPERSON $25 43 4A 5A
REFRIGERATION&AIR CONDITIONING MECHANICS
MECHANIC $5541 1G 5A
RESIDENTIAL BRICK&MARBLE MASONS
JOURNEY LEVEL $27 05 1
RESIDENTIAL CARPENTERS
JOURNEY LEVEL $23 47 1 ,
RESIDENTIAL CEMENT MASONS
JOURNEY LEVEL $22 64 1
RESIDENTIAL DRYWALL TAPERS
JOURNEY LEVEL $43 59 1E 513
RESIDENTIAL ELECTRICIANS
JOURNEY LEVEL $26.24 1
RESIDENTIAL GLAZIERS
JOURNEY LEVEL $31 99 1H 5G
Page 7
14
' KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
1 Classification WAGE Code Code Code
RESIDENTIAL INSULATION APPLICATORS
JOURNEY LEVEL $17.60 1
1 RESIDENTIAL LABORERS
JOURNEY LEVEL $18 12 1
RESIDENTIAL PAINTERS
1 JOURNEY LEVEL $1836 1
RESIDENTIAL PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $22,95 1
RESIDENTIAL REFRIGERATION&AIR CONDITIONING MECHANICS
JOURNEY LEVEL $55,41 1G 5A
RESIDENTIAL SHEET METAL WORKERS
JOURNEY LEVEL(FIELD OR SHOP) $19 48 1
RESIDENTIAL SOFT FLOOR LAYERS
JOURNEY LEVEL $36,08 18 5A
RESIDENTIAL SPRINKLER FITTERS(FIRE PROTECTION)
JOURNEY LEVEL $31,01 1B 5C
' RESIDENTIAL TERRAZZO/TILE FINISHERS
JOURNEY LEVEL $26,30 1
RESIDENTIAL TERRAZZOITILE SETTERS
JOURNEY LEVEL $41,96 1M 5A
ROOFERS
JOURNEY LEVEL $36.78 iR 5A
USING IRRITABLE BITUMINOUS MATERIALS $39 78 1R 5A
SHEET METALWORKERS
JOURNEY LEVEL(FIELD OR SHOP) $51,97 1E 6L
SHIPBUILDING&SHIP REPAIR
BOILERMAKER $31,46 1H 6W
CARPENTER $30,74 1B 6X
ELECTRICIAN $3037 1B 6X
HEAT&FROST INSULATOR $46,59 1S 5,1
LABORER $2926 1B 6X
MACHINIST $30 29 18 6X
OPERATOR $3022 1B 6X
I PAINTER $3234 1B 6X
PIPEFITTER $3022 113 6X
RIGGER $30,33 1B 6X
SANDBLASTER $3022 1B 6X
SHEET METAL $30 48 1B 6X
SHIPFITTER $3032 1B 6X
TRUCKER $3017 1B 6X
' WAREHOUSE $3020 1B 6X
WELDER/BURNER $30 32 1B 6X
SIGN MAKERS&INSTALLERS(ELECTRICAL)
SIGN INSTALLER $22 92 1
SIGN MAKER $21 36 1
SIGN MAKERS&INSTALLERS(NON-ELECTRICAL)
SIGN INSTALLER $27 28 1
SIGN MAKER $33 25 1
SOFT FLOOR LAYERS
JOURNEY LEVEL $36 08 18 5A
SOLAR CONTROLS FOR WINDOWS
JOURNEY LEVEL $12 44 1 5S
Page 8
1
KING COUNTY r
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code '
SPRINKLER FITTERS(FIRE PROTECTION)
JOURNEY LEVEL $55.64 1X 5C
STAGE RIGGING MECHANICS(NON STRUCTURAL) '
JOURNEY LEVEL $13 23 1
SURVEYORS
CHAIN PERSON $9 35 1 ,
INSTRUMENT PERSON $11 40 1
PARTY CHIEF $13 40 1
TELECOMMUNICATION TECHNICIANS
TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $22 76 1
TELEPHONE LINE CONSTRUCTION-OUTSIDE
CABLE SPLICER $30 66 2B 5A
HOLE DIGGER/GROUND PERSON $17 19 2B 5A
INSTALLER(REPAIRER) $29 41 2B 5A
JOURNEY LEVEL TELEPHONE LINEPERSON $28 53 2B 5A
SPECIAL APPARATUS INSTALLER 1 $30 66 2B 5A
SPECIAL APPARATUS INSTALLER II $30 05 2B 5A ,
TELEPHONE EQUIPMENT OPERATOR(HEAVY) $30 66 2B 5A
TELEPHONE EQUIPMENT OPERATOR(LIGHT) $28 53 2B 5A
TELEVISION GROUND PERSON $16 31 2B 5A ,
TELEVISION LINEPERSON/INSTALLER $21 68 2B 5A
TELEVISION SYSTEM TECHNICIAN $35 78 2B 5A
TELEVISION TECHNICIAN $23 19 2B 5A
TREE TRIMMER $28 53 2B 5A
TERRAZZO WORKERS&TILE SETTERS
JOURNEY LEVEL $41 96 1M 5A
TILE,MARBLE&TERRAZZO FINISHERS '
FINISHER $3579 1B 5A
TRAFFIC CONTROL STRIPERS
JOURNEY LEVEL $36 40 1K 5A
TRUCK DRIVERS
ASPHALT MIX(TO 16 YARDS) $41 19 1 T 5D 8L
ASPHALT MIX(OVER 16 YARDS) $41 90 1T 5D 8L
DUMP TRUCK $41 19 1T 5D 8L
DUMP TRUCK&TRAILER $41 90 1T 5D 8L
OTHER TRUCKS $41 90 1T 5D 81.
TRANSIT MIXER $23 45 1
WELL DRILLERS&IRRIGATION PUMP INSTALLERS '
IRRIGATION PUMP INSTALLER $17 71 1
OILER $12 97 1
WELL DRILLER $18 00 1 ,
Page 9
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6G
' 1. SUBJECT: PEST ABATEMENT SERVICES AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
AAA Pest Control in the amount of $42,916.59 for pest inspection and abatement
services at various City of Kent buildings for a period of three (3) years.
3. EXHIBITS: Memo and Agreement
4. RECOMMENDED BY: Operations Committee 4/15/08
(Committee, Staff, Examiner, Commission, etc.)
i5. FISCAL IMPACT
Expenditure? X Revenue?
' Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
iCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
91
' Parks, Recreation and Community Services
Jeff Watling, Director
' Phone Fax 253-856-60550
KENT Address 220 Fourth Avenue S
' WASHINGTON
Kent, WA 98032-5895
DATE: April 15, 2008
TO: Operations Committee
FROM: Charlie Lindsey, Superintendent of Facilities
THROUGH: Jeff Watling, Director, Parks, Recreation and Community Services
' RE: Agreement for Pest Abatement Services for Various City Buildings -
Approve
MOTION: Recommend Council authorize the Mayor to sign a 3 year Goods
and Services Agreement with AAA Pest Control Services, Inc., in the
annual amount of $14,305.53, for pest inspection and abatement services
at various City buildings.
Summary
Under this agreement, AAA Pest Control will provide pest inspection and abatement
services for various Kent City Buildings through December 31, 2010. The annual
cost to the City for these services is $14,305.53. The City will receive a 5%
discount off of the cost for the current year's services if the City remits advance
payment to AAA Pest Control. The City has used AAA Pest Control's services in the
past and has been pleased with its performance.
Exhibits: Goods & Services Agreement with AAA Pest Control Services, Inc.
Budget Impact: Funding for work under this agreement is within the City's
established budget.
•
' 44
KENT
W/ S HfNQTON
' GOODS & SERVICES AGREEMENT
between the City of Kent and
AAA Pest Control, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and AAA Pest Control, Inc.... organized under the laws of
the State of Washington, located and doing business at 304 15t Ave S., Kent, Wa. 98032 253-
854-7117 (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:
' Provide pest inspection and abatement services at various City buildings and facilties,
monthly in accordance with Vendor's February 15, 2008, proposal attached and
incorporated as Exhibit A.
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, 2010.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
' $14,305.53, annually, including applicable Washington State Sales Tax, for the goods, materials,
and services contemplated in this Agreement. This annual amount shall remain fixed during the
term of this Agreement. The City shall pay the Vendor the following amounts according to the
' following schedule:
The Vendor shall invoice the City annually for services provided in the years 2008, 2009,
' and 2010. AlthoughAlthough payment under this Agreement is not due until thirty (30)
days after such services are provided and invoiced for the prior calendar year, the City will
receive a 5% discount off of the cost for the current year's services if the City remits
advance payment to Vendor.
' In the event either party terminates this Agreement in accordance with Section V,
Termination, and the City has remitted advance payment to Vendor, the Vendor shall
' reimburse the City the pro rata portion of the services paid for by the City for the current
calendar year but which were not provided by Vendor due to termination of this
Agreement..
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves '
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment '
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City '
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the ,
Vendor.
B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL '
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE. '
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the ,
ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without ,
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written 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
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
separate 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
GOODS & SERVICES AGREEMENT - 2 ,
(Over $10,000.00, Including WSST)
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;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
' 4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
' disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
' as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
' proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
' 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).
' GOODS & SERVICES AGREEMENT - 3
(Over$10,000,00, including WSST)
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and ,
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT '
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established '
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. 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,
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. '
GOODS & SERVICES AGREEMENT - 4 ,
(Over$10,000,00, including WSST)
The provisions of this section shall survive the expiration or termination of this
' Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B 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.
' 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.
' GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
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 B(signature) y. (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: '
Joe Naimo Charlie Lindsey, Superintendent of Facilities
AAA Pest Control City of Kent '
304 1st Ave S 220 Fourth Avenue South
Kent, Wa. 98032 Kent, WA 98032
253-854-7117 (telephone) (253) 856-5081 (telephone) ,
253-859-3753 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORM: '
Kent Law Department '
AAAPestContrad2008 '
GOODS & SERVICES AGREEMENT - 6 '
(Over$10,000.00, Including WSST)
' DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
' The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
' response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
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_.
1
i By:
■ For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
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.
A. 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
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits: '
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a$2,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued )
C. 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
L 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
ANII.
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.
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Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6H
1. SUBJECT: SECURITY CARD READER SYSTEM UPGRADE AND INSTALLATION
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Protection Technologies, Inc. in the amount of $51,825.14 to provide all equip-
ment, software, hardware and labor necessary for the upgrade of the city-wide
Security Card Reader System and for the installation of a card reader system at
Fire Station 74 and its training facility.
3. EXHIBITS: Memo and Agreement
4. RECOMMENDED BY: Operations Committee 4/15/08
(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:
10=
Parks, Recreation and Community Services
Jeff Watling, Director i
Phone 253-856-5007
Fax 253-856-6050
K E N T Address 220 Fourth Avenue S
WASHINGTON
Kent, WA 98032-5895
DATE: April 15, 2008
TO: Operations Committee
FROM: Charlie Lindsey, Superintendent of Facilities
THROUGH: Jeff Watling, Director, Parks, Recreation and Community Services
RE: Agreement with Protection Technologies, Inc. for the Upgrade of the
City-wide Security Card Reader System and for the Installation of a
Security Card Reader System at Fire Station 74 - Approve
MOTION: Recommend Council authorize the Mayor to sign an agreement
with Protection Technologies, Inc. in the amount of $51,825.14 for the
upgrade of the City-wide security card reader system and for the
installation of a card reader system at Fire Station 74 and its training
facility.
Summary:
Under this agreement, Protection Technologies, Inc. will provide all necessary
equipment, software, hardware, and labor necessary to upgrade the City-wide
security card reader system and to install a security card reader system at Fire
Station 74 and its training facility. Protection Technologies will additionally provide
all necessary software licenses and training for City staff.
If approved, the work provided for under this agreement will be completed within
60 days.
Exhibits: Goods and Services Agreement with prevailing wage and performance
bond provisions.
Budget Impact: Funding for work under this agreement is within the City's
established budget.
•
KENT
W A9 HIN6TON
i GOODS & SERVICES AGREEMENT
between the City of Kent and
i Protection Technologies, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Protection Technologies, Inc. organized under the laws
of the State of Washington, located and doing business at 2751 - 152"d Avenue NW in Redmond,
Washington (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:
Provide all equipment, software, hardware, and labor necessary to install and/or
update the security card reader system for all buildings and add 20 card readers on
doors within the Fire Department's Fire Station 74/Police Fire Training Building
I located at 24611 116`h Ave SE in the City of Kent, in accordance with Vendor's
Scope of Work and price quote attached and incorporated as Exhibit A. In addition,
Vendor shall provide all required software licenses and training of City staff.
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 Within 60 Days.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$51,825.14, including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts
according to the following schedule:
The Vendor 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.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1
(Over S10.000.00, includlnq WSST)
. 1
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Vendor, shall
provide the City a performance bond for the full contract amount to be in effect until sixty (60)
days after the date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor and Industries and until settlement
of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to Vendor for a period of sixty (60) days after the date of
final acceptance, or until receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the
City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Vendor.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Vendor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Vendor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, 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 Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract j
work, including any Additional Costs, from any and all amounts due or to become due the
Vendor.
D. Final Payment: Waiver of Claims. THE VENDOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF VENDOR'S
CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS
UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing
the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or
executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision It
issued by the Department of Labor and Industries is attached.
V. 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.
VI. 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.
VII. CHANGES. The City may issue a written change order for any change in the goods, '
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that a change order is necessary, Vendor must submit a written
change order request to the person listed in the notice provision section of this Agreement, f
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
rn„Ar ain nnn nn_ ;nchul,na WSST)
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
Idetermine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Vendor fails to require a
change order within the time allowed, the Vendor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the change order work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
IVIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
j WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Over 110,000,00, includrnq 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).
IX. 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.
X. 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.
XI. 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.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
/near ,t i n nno no inrlrldlna WSST)
XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
IINDEMNIFICATION 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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Vendor 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.
XIV. 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.
XV. 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.
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;
rp ovided, however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section XII of this Agreement.
IGOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
/nvPr ,00.000.00. includina WSST)
f
D. Written Notice. All communications regarding this Agreement shall be sent to the I
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.
PROTECTION TECHNOLOGIES INC. CITY OF KENT:
B
By; (signature) y: (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:
Wade Brossow Charlie Lindsey
ProtectionTech Facilities Superintendent
2751 152nd Ave NE Cit of Kent
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(nvar din non oo. includina WSST)
Redmond, Wa. 98052 220 Fourth Avenue South
Kent, WA 98032
425-869-7778 (telephone)
' 425-869-7717 (facsimile) (253) 856-5081 (telephone)
253 856-6080 facsimile
APPROVED AS TO FORM:
i
Kent Law Department
i
P\Clvll\Files\OpenPlles\0365-2006\PmtectionTechnologlesAgreement doc
I
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7
/(rniar ctin_nnn no. includina WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
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:
i
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
ISUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
1
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200—• ,
By:
For:
Title: '
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Card Access System
Software Change and
Equipment And Installation Required For
I Fire Headquarters/Station 74/Training Center
(2) Honeywell Power Supply 24V (weatherproof)
(6) 12 Volt 7 Amp battery
(20) CK Surface Mount Contact wide gap (white or Brown)
(20) CK RTE - Full Feature Piezo Sounder, Inputs, fail safe/secure Mode
(12,000) Wire/Plenum/Specialty
(1) Concurrent User License
(1) Concurrent Badging License
(1) PW-3000 Intelligent Controller - Capacity for 16 I/O or reader boards
(10) Nexwatch Prowatch Dual Reader Module
(2) Nexwatch Prowatch Hgh D Enclosure
(2) Nexwatch Prowatch Power Supply for PW5K2ENC1
(3) Single user software license add-on
(2) Nexwatch Prowatch Daisy Chain Cable
(20) Honeywell Access Systems Supressor Kit
(100) DK4020-10 NexKey digital proximity card w/white skin
(4) DR4203 - Mullion mount DigiReader
(16) DR4205- DigiReader w/Tamper
Quotation for Equipment and Installation
$ 34,109
(1) Pro-Watch Corporate Edition server software(96 Readers)
(1) 64 Reader License Add-on (this is in addition to the 96 with the software)
(1) Server License
' Quotation for Software and Licenses
$ 5,746
Quotation for Network Interface Card and Programming
(1) Nexwatch ProWatch Network Interface Card for PW-3000 Intelligent
Controller
$ 654
Quotation for Database Transfer Software and Integration
(1) Nexwatch Prowatch Database Transfer Software
(1) Honeywell Technician onsite for Integration of Databases
I
$ 5,105
Quotation for Performance Bond
(1) Performance Bond for the installation of the ProWatch System listed
above
$ 1,932 ■
r
Please indicate that you have priced out at the prevailing wage for your
industry and include any exclusions to your proposal.
Prevailing wages for King County have been taken into account in the
writing of this quotation.- WB
Signature Date
i
' EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
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.
A. Minimum Scope of Insurance
1 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.
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 1185. 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.
' 2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
i 2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a$2,000,000 products-completed operations aggregate limit.
1
EXHIBIT B (Continued )
C. 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
AN II.
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.
1 ,
State of Washington
DEPARTMENT OF LABOR AND INDUSTRIES
Prevailing Wage Section-Telephone(360)902-5335
PO Box 44540, Olympia,WA 98504-4540
Washington State Prevailing Wage Rates For Public Works Contracts
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits
On public works projects, workers'wage and benefit rates must add to not less than this total A brief description
of overtime calculation requirements is provided on the Benefit Code Key
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
ASBESTOS ABATEMENT WORKERS
JOURNEY LEVEL $36 24 1H 5D
BOILERMAKERS
JOURNEY LEVEL $33 32 1
BRICK AND MARBLE MASONS
JOURNEY LEVEL $4375 1M 5A
CABINET MAKERS(IN SHOP)
JOURNEY LEVEL $16 67 1
CARPENTERS
ACOUSTICAL WORKER $43 91 1M 5D
BRIDGE,DOCK AND WARF CARPENTERS $4375 1M 5D
CARPENTER $4375 1M 5D
CREOSOTED MATERIAL $43 85 1 M 5D
DRYWALL APPLICATOR $4379 1M 5D
FLOOR FINISHER $4375 1M 5D
FLOOR LAYER $4375 1M 5D
FLOOR SANDER $4375 1M 5D
MILLWRIGHT AND MACHINE ERECTORS $4475 1M 5D
PILEDRIVERS, DRIVING,PULLING, PLACING COLLARS AND WELDING $43 95 1M 5D
SAWFILER $4375 1M 5D
SHINGLER $4375 1M 5D
1 STATIONARY POWER SAW OPERATOR $4375 1 M 5D
STATIONARY WOODWORKING TOOLS $4375 1M 5D
CEMENT MASONS
JOURNEY LEVEL $4458 1M 5D
DIVERS&TENDERS
DIVER $8575 11M 5D SA
DIVER TENDER $44 22 1M 5D
DREDGE WORKERS
ASSISTANT ENGINEER $4459 1T 5D 81-
ASSISTANT MATE(DECKHAND) $44 08 1T 5D 8L
BOATMEN $44 59 1T 5D 8L
ENGINEER WELDER $4464 1T 5D 8L
LEVERMAN,HYDRAULIC $4621 1T 5D 8L
MAINTENANCE $4408 IT 5D 8L
MATES $44 59 1T 5D 8L
OILER $4421 1T 5D 8L
DRYWALL TAPERS
JOURNEY LEVEL $43 59 1 E 5P
ELECTRICAL FIXTURE MAINTENANCE WORKERS
JOURNEY LEVEL $18 69 1
Page 1
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
ELECTRICIANS-INSIDE
CABLE SPLICER $55 05 1E 5A
CABLE SPLICER(TUNNEL) $58 86 1E 5A
CERTIFIED WELDER $53 16 1E 5A
CERTIFIED WELDER(TUNNEL) $57 15 1E 5A
CONSTRUCTION STOCK PERSON $28 83 1E 5A
JOURNEY LEVEL $51 25 1E 5A
JOURNEY LEVEL(TUNNEL) $55 05 1E 5A
ELECTRICIANS-MOTOR SHOP
CRAFTSMAN $15 37 2A 6C
JOURNEY LEVEL $14 69 2A 6C
ELECTRICIANS-POWERLINE CONSTRUCTION
CABLE SPLICER $56 53 4A 5A
CERTIFIED LINE WELDER $51 64 4A 5A
GROUNDPERSON $3715 4A 5A
HEAD GROUNDPERSON $3919 4A 5A
HEAVY LINE EQUIPMENT OPERATOR $51 64 4A 5A
JACKHAMMER OPERATOR $3919 4A 5A
JOURNEY LEVEL LINEPERSON $51 64 4A 5A
LINE EQUIPMENT OPERATOR $43 83 4A 5A
POLE SPRAYER $51 64 4A 5A
POWDERPERSON $3919 4A 5A
ELECTRONIC TECHNICIANS
ELECTRONIC TECHNICIANS JOURNEY LEVEL $31 00 1
ELEVATOR CONSTRUCTORS
MECHANIC $60 85 4A 6Q
MECHANIC IN CHARGE $66 25 4A 6Q
FABRICATED PRECAST CONCRETE PRODUCTS
ALL CLASSIFICATIONS $13 15 2K 5B
FENCE ERECTORS
FENCE ERECTOR $18 71 1
FENCELABORER $1277 1
FLAGGERS
JOURNEY LEVEL $31 01 1H 5D
GLAZIERS
JOURNEY LEVEL $43 76 1H 5G
HEAT&FROST INSULATORS AND ASBESTOS WORKERS
MECHANIC $46 59 1S 51
HEATING EQUIPMENT MECHANICS
MECHANIC $33 65 1
HOD CARRIERS&MASON TENDERS
JOURNEY LEVEL $36 75 1H 5D
INDUSTRIAL ENGINE AND MACHINE MECHANICS
MECHANIC $15 65 1
INDUSTRIAL POWER VACUUM CLEANER
JOURNEY LEVEL $9 24 1
INLAND BOATMEN
CAPTAIN $3887 1K 5B
COOK $32 73 1K 5B
DECKHAND $32 42 1K 5B
ENGINEERIDECKHAND $3520 1K 5B
MATE,LAUNCH OPERATOR $36 85 1K 5B
Page 2
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
1 INSPECTION/CLEANING/SEALING OF SEWER&WATER SYSTEMS BY
REMOTE CONTROL
CLEANER OPERATOR,FOAMER OPERATOR $3149 1
GROUT TRUCK OPERATOR $11 48 1
HEAD OPERATOR $24 91 1
TECHNICIAN $19 33 1
TV TRUCK OPERATOR $20 45 1
INSULATION APPLICATORS
JOURNEY LEVEL $43 75 1M 5D
IRONWORKERS
JOURNEY LEVEL $47 92 10 5A
LABORERS
ASPHALT RAKER $36 75 1 H 5D
BALLAST REGULATOR MACHINE $3624 1H 5D
BATCH WEIGHMAN $31 01 1H 5D
BRUSH CUTTER $3624 1H 5D
BRUSH HOG FEEDER $3624 1H 5D
BURNERS $3624 1H 5D
CARPENTER TENDER $3624 1H 5D
CASSION WORKER $37 20 1H 5D
CEMENT DUMPER/PAVING $36 75 1H 5D
CEMENT FINISHER TENDER $3624 1H 5D
CHANGE-HOUSE MAN OR DRY SHACKMAN $3624 1H 5D
CHIPPING GUN(OVER 3C LBS) $36 75 1H 5D
CHIPPING GUN(UNDER 30 LBS) $3624 1H 5D
CHOKER SETTER $3624 1H 5D
CHUCK TENDER $3624 1H 5D
CLEAN-UP LABORER $3624 1H 5D
1 CONCRETE DUMPERICHUTE OPERATOR $36 75 1H 5D
CONCRETE FORM STRIPPER $3624 1H 5D
CONCRETE SAW OPERATOR $36 75 1H 5D
I CRUSHER FEEDER $31 01 1H 5D
CURING LABORER $3624 1H 5D
DEMOLITION,WRECKING&MOVING(INCLUDING CHARRED MATERIALS) $3624 1H 5D
DITCH DIGGER $3624 1H 5D
DIVER $3720 1H 5D
DRILL OPERATOR(HYDRAULIC,DIAMOND) $36 75 1H 5D
DRILL OPERATOR,AIRTRAC $37 20 1H 5D
DUMPMAN $3624 1H 5D
EPDXY TECHNICIAN $3624 1H 5D
EROSION CONTROL WORKER $3624 1H 5D
FALLER/BUCKER,CHAIN SAW $36 75 1H 5D
FINAL DETAIL CLEANUP(i,e,dusting,vacuuming,window cleaning,NOT $28 45 1H 5D
construction debris cleanup)
FINE GRADERS $3624 1H 5D
FIRE WATCH $31 01 1H 5D
1 FORM SETTER $3624 1 H 5D
GABION BASKET BUILDER $3624 1H 5D
GENERAL LABORER $3624 1H 5D
GRADE CHECKER&TRANSIT PERSON $36 75 1H 5D
GRINDERS $3624 1H 5D
GROUT MACHINE TENDER $3624 1H 5D
Page 3
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
GUARDRAIL ERECTOR $3624 1H 5D
HAZARDOUS WASTE WORKER LEVEL A $3720 1H 5D
HAZARDOUS WASTE WORKER LEVEL B $3675 1H 5D
HAZARDOUS WASTE WORKER LEVEL C $3624 1H 5D
HIGH SCALER $3720 1H 50
HOD CARRIER/MORTARMAN $3675 1 H 50
JACKHAMMER $3675 1 H 5D
LASER BEAM OPERATOR $3675 1 H 5D
MANHOLE BUILDER-MUDMAN $3675 1H 5D
MATERIAL YARDMAN $3624 1H 5D
MINER $3720 1H 5D
NOZZLEMAN,CONCRETE PUMP,GREEN CUTTER WHEN USING HIGH $3675 1 H 5D
PRESSURE AIR&WATER ON CONCRETE&ROCK,SANDBLAST,
GUNITE, SHOTCRETE,WATER BLASTER
PAVEMENT BREAKER $3675 1H 5D
PI LOT CAR $3101 1H 5D
PIPE POT TENDER $3675 1H 5D
PIPE RELINER(NOT INSERT TYPE) $3675 1H 5D
PIPELAYER&CAULKER $3675 1H 5D
PIPELAYER&CAULKER(LEAD) $3720 1H 5D
PIPEWRAPPER $3675 1H 5D
POT TENDER $3624 1H 5D
POWDERMAN $3720 1H 5D
POWDERMAN HELPER $3624 1H 5D
POWERJACKS $3675 1H 5D
RAILROAD SPIKE PULLER(POWER) $3675 1H 5D
RE-TIMBERMAN $3720 1H 5D
RIPRAP MAN $3624 1H 5D
RODDER $3675 1H 5D
SCAFFOLD ERECTOR $3624 1H 5D
SCALE PERSON $3624 1H 5D
SIGNALMAN $3624 1H 5D
SLOPER(OVER 20") $3675 1H 5D
SLOPER SPRAYMAN $3624 1H 5D
SPREADER(GLARY POWER OR SIMILAR TYPES) $3675 1 H 5D
SPREADER(CONCRETE) $3675 1H 5D
STAKE HOPPER $3624 1H 5D
STOCKPILER $3624 1H 513
TAMPER&SIMILAR ELECTRIC,AIR&GAS $3675 1H 5D
TAMPER(MULTIPLE&SELF PROPELLED) $3675 1H 5D
TOOLROOM MAN(AT JOB SITE) $3624 1H 5D
TOPPER-TAILER $3624 1H 5D
TRACK LABORER $3624 1H 5D
TRACK LINER(POWER) $3675 1H 5D
TRUCK SPOTTER $3624 1H 5D
TUGGER OPERATOR $3675 1H 5D
VIBRATING SCREED(AIR,GAS,OR ELECTRIC) $3624 1H 5D
VIBRATOR $3675 1H 50
VINYL SEAMIER $3624 1H 5D
WELDER $3624 1H 50
WELL-POINT LABORER $3675 1H 5D
Page 4
KING COUNTY
Effective 03-02-08
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,rxxxxx.�xx,.xxxxxxxxx«xx*xxxxxxx,rxxxxxxxx*xxxxxxxxxxxxxxxxx
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Class,leabon WAGE Code Code Code
LABORERS-UNDERGROUND SEWER&WATER
GENERAL LABORER $36 24 1H 5D
PIPE LAYER $36 75 1H 5D
1 LANDSCAPE CONSTRUCTION
IRRIGATION OR LAWN SPRINKLER INSTALLERS $13 56 1
LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $28 17 1
1 LANDSCAPING OR PLANTING LABORERS $17 87 1
LATHERS
JOURNEY LEVEL $4379 1M 5D
METAL FABRICATION(IN SHOP)
FITTER $15 86 1
LABORER $9 78 1
MACHINE OPERATOR $13 04 1
PAINTER $1110 1
WELDER $15 48 1
MODULAR BUILDINGS
CABINET ASSEMBLY $11.56 1
ELECTRICIAN $1156 1
EQUIPMENT MAINTENANCE $1156 1
PLUMBER $1156 1
PRODUCTION WORKER $9 40 1
TOOL MAINTENANCE $1156 1
UTILITY PERSON $1156 1
WELDER $1156 1
PAINTERS
JOURNEY LEVEL $33 94 28 5A
PLASTERERS
1 JOURNEY LEVEL $4310 1R 5B
PLAYGROUND&PARK EQUIPMENT INSTALLERS
JOURNEY LEVEL $8 42 1
0
1 PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $57 34 1G 5A
POWER EQUIPMENT OPERATORS
ASSISTANT ENGINEERS $4214 1T 5D 8L
BACKHOE, EXCAVATOR,SHOVEL (3 YO&UNDER) $44 92 1T 5D BL
BACKHOE, EXCAVATOR,SHOVEL (OVER 3 YD&UNDER 6 YD) $45 41 1T 5D 8L
BACKHOE, EXCAVATOR,SHOVEL(6 YD AND OVER WITH $45 96 1T 5D 8L
ATTACHMENTS)
BACKHOES, (75 HP&UNDER) $44 50 1T 5D 8L
BACKHOES, (OVER 75 HP) $44 92 1T 5D 8L
BARRIER MACHINE(ZIPPER) $44 92 1T 5D 8L
BATCH PLANT OPERATOR,CONCRETE $44 92 1T 5D 8L
BELT LOADERS(ELEVATING TYPE) $44 50 1T 5D 8L
BOBCAT(SKID STEER) $4214 1T 5D 8L
BROOMS $4214 1T 5D 8L
BUMP CUTTER $44 92 1T 5D 8L
CABLEWAYS $4541 1T 5D 8L
CHIPPER $44 92 1T 5D 8L
COMPRESSORS $4214 1T 5D 8L
CONCRETE FINISH MACHINE-LASER SCREED $4214 1T 5D 8L
CONCRETE PUMPS $44 50 1T 5D 8L
CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $44 92 1T 5D 8L
Page 5
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
CONVEYORS $44 50 1T 5D 8L ,
CRANES, THRU 19 TONS,WITH ATTACHMENTS $44 50 1T 5D 8L
CRANES, 20-44 TONS,WITH ATTACHMENTS $4492 1T 5D 8L
CRANES, 45 TONS-99 TONS,UNDER 150 FT OF BOOM(INCLUDING JIB $45 41 1T 5D 8L
WITH ATACHMENTS)
CRANES, 100 TONS-199 TONS,OR 150 FT OF BOOM(INCLUDING JIB $45 96 1 T 5D 8L
WITH ATTACHMENTS)
CRANES,200 TONS TO 300 TONS,OR 250 FT OF BOOM(INCLUDING JIB $46 53 1T 5D 8L
WITH ATTACHMENTS)
CRANES,A-FRAME, 10 TON AND UNDER $42 14 1T 5D 8L
CRANES,A-FRAME,OVER 10 TON $44 50 1T 5D 8L
CRANES, OVER 300 TONS,OR 300'OF BOOM INCLUDING JIB WITH $47 09 1T 5D 8L
ATTACHMENTS
CRANES,OVERHEAD, BRIDGE TYPE(20-44 TONS) $4492 1T 5D 8L
CRANES,OVERHEAD,BRIDGE TYPE(45-99 TONS) $45 41 1T 5D 8L
CRANES,OVERHEAD,BRIDGE TYPE(100 TONS&OVER) $45 96 1T 5D 8L
CRANES,TOWER CRANE UP TO 175'IN HEIGHT, BASE TO BOOM $45 96 1T 5D 8L
CRANES,TOWER CRANE OVER 176 IN HEIGHT,BASE TO BOOM $46 53 1T 5D 8L
CRUSHERS $4492 1T 5D 8L
DECK ENGINEER/DECK WINCHES(POWER) $4492 1T 5D 8L
DERRICK, BUILDING $45 41 1T 5D 8L
DOZERS,D-9&UNDER $44 50 1T 5D 8L
DRILL OILERS-AUGER TYPE,TRUCK OR CRANE MOUNT $44 50 1T 51D 8L
DRILLING MACHINE $4492 1T 5D 8L
ELEVATOR AND MANLIFT,PERMANENT AND SHAFT-TYPE $42 14 1T 5D 8L
EQUIPMENT SERVICE ENGINEER(OILER) $44 50 1T 5D 8L
FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $4492 1T 5D BL
FORK LIFTS, (300D LBS AND OVER) $44 50 1T 5D BL
FORK LIFTS, (UNDER 3000 LBS) $42 14 1T 5D 8L
GRADE ENGINEER $4450 1T 5D 8L
GRADECHECKER AND STAKEMAN $42 14 1T 5D 81-
GUARDRAIL PUNCH $4492 1T 5D 8L
HOISTS,OUTSIDE(ELEVATORS AND MANLIFTS),AIR TUGGERS $44 50 1T 5D 8L
HORIZONTAL/DIRECTIONAL DRILL LOCATOR $44 50 1T 5D 81-
HORIZONTAL/DIRECTIONAL DRILL OPERATOR $4492 1T 5D 8L
HYDRALIFTS/BOOM TRUCKS(10 TON&UNDER) $42 14 1T 5D 8L
HYDRALIFTS/BOOM TRUCKS(OVER 10 TON) $44 50 1T 5D 8L
LOADERS,OVERHEAD(6 YD UP TO 8 YD) $45 41 1T 5D 8L
LOADERS,OVERHEAD(8 YD&OVER) $45 96 1T 5D 8L
LOADERS,OVERHEAD(UNDER 6 YD),PLANT FEED $4492 1T 5D 8L ,
LOCOMOTIVES,ALL $4492 1T 5D 8L
MECHANICS,ALL $45 41 1T 5D 8L
MIXERS,ASPHALT PLANT $4492 1T 5D 8L
MOTOR PATROL GRADER(FINISHING) $4492 IT 5D SL
MOTOR PATROL GRADER(NON-FINISHING) $44 50 1T 5D 8L
MUCKING MACHINE,MOLE,TUNNEL DRILL AND/OR SHIELD $45 41 1T 5D 8L
OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $42 14 1T 5D 81-
OPERATOR
PAVEMENT BREAKER $42 14 IT 5D 8L
PILEDRIVER(OTHER THAN CRANE MOUNT) $4492 1T 5D 8L
PLANT OILER(ASPHALT,CRUSHER) $44 50 1T 5D 8L
POSTHOLE DIGGER MECHANICAL $42 14 1T 5D 8L
POWER PLANT $42 14 1T 5D 8L
Page 6
KING COUNTY
Effective 03-02-08
I (See Benefit Code Key)
Over
PREVAILING Time Holiday Note
ClamIcatton WAGE Code Code Code
I PUMPS,WATER $4214 1T 5D 81.
QUAD 9, D-10,AND HD-41 $4541 1T 5D 8L
REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $4541 1T 5D 81.
EQUIP
RIGGER AND BELLMAN $42 14 1T 5D 8L
ROLLAGON $4541 1T 5D 8L
1 ROLLER,OTHER THAN PLANT ROAD MIX $42 14 1T 5D 8L
ROLLERS, PLANTMIX OR MULTILIFT MATERIALS $44 50 1T 5D 8L
ROTO-MILL,ROTO-GRINDER $4492 1T 5D 8L
SAWS,CONCRETE $4450 1T 50 81.
SCRAPERS-SELF PROPELLED, HARD TAIL END DUMP,ARTICULATING $4492 1T 5D 8L
OFF-ROAD EQUIPMENT(UNDER 45 YD)
SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $4541 1T 5D 8L
OFF-ROAD EQUIPMENT(45 YD AND OVER)
SCRAPERS,CONCRETE AND CARRY ALL $44 50 1T 5D 8L
SCREED MAN $4492 1T SD 8L
SHOTCRETE GUNITE $42 14 1T 5D 8L
SLIPFORM PAVERS $4541 1T 5D 8L
SPREADER,TOPSIDE OPERATOR-BLAW KNOX $4492 1T 5D 8L
SUBGRADE TRIMMER $4492 1T 5D 8L
TOWER BUCKET ELEVATORS $44 50 1T 5D 8L
TRACTORS,(75 HP&UNDER) $44 50 IT 5D 8L
TRACTORS,(OVER 75 HP) $4492 IT 5D 81.
TRANSFER MATERIAL SERVICE MACHINE $4492 1T 5D 8L
TRANSPORTERS,ALL TRACK OR TRUCK TYPE $4541 1T 5D 8L
TRENCHING MACHINES $44 50 1T SO 8L
TRUCK CRANE OILERIDRIVER(UNDER 100 TON) $44 50 1T 5D 8L
TRUCK CRANE OILERIDRIVER(100 TON&OVER) $4492 1T 5D 8L
TRUCK MOUNT PORTABLE CONVEYER $4492 1T 5D 8L
WHEEL TRACTORS,FARMALL TYPE $42 14 1T 5D 8L
YO YO PAY DOZER $4492 IT 5D 8L
POWER EQUIPMENT OPERATORS-UNDERGROUND SEWER&WATER
(SEE POWER EQUIPMENT OPERATORS)
POWER LINE CLEARANCE TREE TRIMMERS
JOURNEY LEVEL IN CHARGE $37 61 4A 5A
SPRAY PERSON $35 73 4A 5A
TREE EQUIPMENT OPERATOR $36 19 4A 5A
TREE TRIMMER $33 68 4A 5A
TREE TRIMMER GROUNDPERSON $25 43 4A 5A
REFRIGERATION&AIR CONDITIONING MECHANICS
MECHANIC $5541 1G 5A
RESIDENTIAL BRICK&MARBLE MASONS
JOURNEY LEVEL $27 05 1
RESIDENTIAL CARPENTERS
JOURNEY LEVEL $2347 1
RESIDENTIAL CEMENT MASONS
JOURNEY LEVEL $22 64 1
RESIDENTIAL DRYWALL TAPERS
JOURNEY LEVEL $43 59 1E 5P
RESIDENTIAL ELECTRICIANS
JOURNEY LEVEL $26 24 1
RESIDENTIAL GLAZIERS
JOURNEY LEVEL $31 99 1H 5G
i Page 7
KING COUNTY
Effective 03-02-08
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
RESIDENTIAL INSULATION APPLICATORS
JOURNEY LEVEL $1760 1
RESIDENTIAL LABORERS
JOURNEY LEVEL $1812 1 ,
RESIDENTIAL PAINTERS
JOURNEY LEVEL $18 36 1
RESIDENTIAL PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $22 95 1
RESIDENTIAL REFRIGERATION&AIR CONDITIONING MECHANICS
JOURNEY LEVEL $5541 1G 5A
RESIDENTIAL SHEET METAL WORKERS
JOURNEY LEVEL(FIELD OR SHOP) $19 48 1
RESIDENTIAL SOFT FLOOR LAYERS
JOURNEY LEVEL $36 08 1B 5A
RESIDENTIAL SPRINKLER FITTERS(FIRE PROTECTION)
JOURNEY LEVEL $31 01 1B 5C
RESIDENTIAL TERRAZZO/TILE FINISHERS
JOURNEY LEVEL $26 30 1
RESIDENTIAL TERRAZZO(TILE SETTERS
JOURNEY LEVEL $41 96 1M 5A
ROOFERS
JOURNEY LEVEL $36 78 1R 5A
USING IRRITABLE BITUMINOUS MATERIALS $39 78 1R 5A
SHEET METALWORKERS
JOURNEY LEVEL(FIELD OR SHOP) $51 97 1 E 6L
SHIPBUILDING&SHIP REPAIR
BOILERMAKER $3146 1H 6W
CARPENTER $3074 1B 6X
ELECTRICIAN $3037 1B 6X
HEAT&FROST INSULATOR $46 59 1S 5J
LABORER $29 26 1B 6X
MACHINIST $30 29 1B 6X
OPERATOR $30 22 1B 6X
PAINTER $32 34 1B 6X
PIPEFITTER $3022 1B 6X
RIGGER $30 33 18 6X
SANDBLASTER $30 22 18 6X
SHEET METAL $30 48 1B 6X
SHIPFITTER $3032 1B 6X ,
TRUCKER $3017 1B 6X
WAREHOUSE $30 20 1B 6X
WELDERIBURNER $3032 1B 6X ,
SIGN MAKERS&INSTALLERS(ELECTRICAL)
SIGN INSTALLER $22 92 1
SIGN MAKER $21 36 1
SIGN MAKERS&INSTALLERS(NON-ELECTRICAL)
SIGN INSTALLER $27 28 1
SIGN MAKER $33 25 1
SOFT FLOOR LAYERS
JOURNEY LEVEL $36 08 1B 5A
SOLAR CONTROLS FOR WINDOWS
JOURNEY LEVEL $12 44 1 5S
Page 8
KING COUNTY
Effective 03-02-08
1 (See Benefit Code Key)
Over
PREVAILING Time Holiday Note
I Classification WAGE Code Code Code
SPRINKLER FITTERS(FIRE PROTECTION)
JOURNEY LEVEL $55 64 1X 5C
STAGE RIGGING MECHANICS(NON STRUCTURAL)
' JOURNEY LEVEL $13 23 1
SURVEYORS
CHAIN PERSON $9 35 1
INSTRUMENT PERSON $11 40 1
PARTY CHIEF $13 40 1
TELECOMMUNICATION TECHNICIANS
TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $22 76 1
' TELEPHONE LINE CONSTRUCTION-OUTSIDE
CABLE SPLICER $30 66 26 5A
HOLE DIGGER/GROUND PERSON $17 19 213 5A
INSTALLER(REPAIRER) $29 41 213 5A
JOURNEY LEVEL TELEPHONE LINEPERSON $28 53 26 5A
SPECIAL APPARATUS INSTALLER 1 $30 66 2B 5A
SPECIAL APPARATUS INSTALLER 11 $30 05 2B 5A
' TELEPHONE EQUIPMENT OPERATOR(HEAVY) $30 66 2B 5A
TELEPHONE EQUIPMENT OPERATOR(LIGHT) $28 53 26 5A
TELEVISION GROUND PERSON $16 31 213 5A
I TELEVISION LINEPERSONlINSTALLER $21 68 2B 5A
TELEVISION SYSTEM TECHNICIAN $35 78 26 5A
TELEVISION TECHNICIAN $23 19 2B 5A
TREE TRIMMER $28 53 2B 5A
TERRAZZO WORKERS&TILE SETTERS
JOURNEY LEVEL $41 96 1M 5A
TILE,MARBLE&TERRAZZO FINISHERS
' FINISHER $35.79 11B 5A
TRAFFIC CONTROL STRIPERS
JOURNEY LEVEL $36 40 1 K 5A
TRUCK DRIVERS
1 ASPHALT MIX(TO 16 YARDS) $41 19 1T 5D 8L
ASPHALT MIX(OVER 16 YARDS) $41 90 1T 5D 8L
DUMP TRUCK $4119 1T 5D 8L
1 DUMP TRUCK&TRAILER $41 90 1T 5D 81-
OTHER TRUCKS $41 90 1T 5D 8L
TRANSIT MIXER $23 45 1
WELL DRILLERS&IRRIGATION PUMP INSTALLERS
IRRIGATION PUMP INSTALLER $17 71 1
OILER $12 97 1
WELL DRILLER $18 00 1
I
' Page 9
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6I
1. SUBJECT: CONFLICT COUNSEL AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Jordan Law Offices P.S. for $37,200 per year for Conflict Counsel Defense
Services.
The law firm of Stewart, Beall, MacNichols and Harmell, contracts with the City
to provide legal counsel to indigent defendants. In a case where Stewart, Beall,
MacNichols and Harmell, has a conflict of interest, the court appoints other
counsel to represent that defendant. The current conflict counsel process has the
City paying on a per incident basis to several different firms. This process is
complicated to manage and expensive. City staff reviewed best practices from
>, around Washington State and discovered that many municipalities contract with a
single firm for conflict counsel. Oversight of a single conflict counsel contract is
much easier to audit and eliminates the possibility of paying for conflict counsel
twice for one incident.
After development of a request for proposals, staff selected Michael Jordan and
James Feldman of Jordan Law Offices P.S. The City would contract with Jordan
Law Offices P.S. for $37,200 a year representing roughly 250 incidents. This
contract amount would be pro-rated for 2008 as the start date for this work would
begin in May.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Parks & Human Services 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
DISCUSSION:
ACTION:
r
KEN T
' AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES
Between the City of Kent and Jordan Law Office, P.S.
THIS AGREEMENT is entered into by and between the CITY OF KENT, a
Washington municipal corporation, hereinafter referred to as"City," and JORDAN LAW
OFFICE, P.S., hereinafter referred to as "Conflict Counsel."
In consideration of the mutual agreements and covenants set forth in this
Agreement, the parties agree as follows:
1. Scope of Services. Conflict Counsel agrees to provide competent criminal
defense services to all indigent defendants charged in the Kent Municipal Court who are
not represented by the law firm on contract with the City for regular public defense
services due to a conflict of interest. Upon appointment, Conflict Counsel shall enter a
Notice of Appearance and provide legal representation for each of these defendants
from the time of receiving notice or an order of appointment through arraignment, if
appropriate, pretrial hearings, trial, sentencing, review hearings, revocation hearings,
and appeals. Conflict Counsel is specifically required to:
a. Appear and competently represent the defendant at all hearings for
cases charged in the Kent Municipal Court. Conflict Counsel's
appearance may be required at the Kent Municipal Court, Kent
Corrections Facility, or appellate courts.
1 b. Represent assigned defendants from the date of appointment until
Jurisdiction of the court is terminated, including through the
appellate process and any remand period.
C. Investigate criminal matters by meeting with the defendant or
witnesses in person or by telephone, reviewing evidence, reviewing
the law, and performing other tasks necessary to provide a
competent and complete defense.
d. Prepare and file with the court legal documents including but not
limited to notices of appearance, pleadings, motions, and other
notices in order to provide competent and complete defense to
clients and in order to comply with court rules, and the laws and
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 1
regulations applicable to the defense of criminal charges.
e. At all times, comply with court rules, rules of professional conduct,
and all statutes, rules, regulations, and procedures applicable to
criminal defense work in the state of Washington.
f. Maintain a productive and professional working relationship with
the court and other officers of the court.
g. Comply with the terms and conditions of this Agreement and the
City's underlying Request for Proposal related to this Agreement
except to the extent that the Request for Proposals conflicts with ,
this Agreement, in which case the terms of the Agreement shall
prevail.
h. From time to time, meet with the court and other officers of the
court to provide input regarding court processes and policies.
i. Attorneys representing clients pursuant to this Agreement shall
attend a minimum of seven (7) hours of continuing legal education
in areas relating to criminal defense or trial practice.
j. Notify the City's Housing and Human Services office of any formal
complaints filed against Conflict Counsel, whether such complaints
are made to the Washington State Bar Association or directly to
Conflict Counsel. Such notice shall be filed with Housing and
Human Services within five (5) business days of Conflict Counsel's
discovery of such complaint. Conflict Counsel shall cooperate in
any investigation instituted by Housing and Human Services,
except to the extent that such cooperation would violate the Rules ,
of Professional Conduct.
k. Maintain organized client files in accordance with acceptable legal
practices and in accordance with Washington State records
retention requirements, if any.
2. Number of Attorneys. Conflict Counsel will provide an adequate number ,
of attorneys to efficiently manage each court calendar in a manner that avoids
unnecessary delay and sufficient representation for all assigned clients in completing '
each calendar.
Sufficient counsel shall be provided to represent defendants during the vacation
and illness of Conflict Counsel and calendars that occur simultaneously in more than
one courtroom.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 2
(between City of Kent and Jordan Law OfAce, P S)
3. Defendant's Access to Conflict Counsel. Conflict Counsel shall be available
' to clients represented by Conflict Counsel to ensure that clients are provided with the
assistance of their attorney as required by the Rules of Professional Conduct, court
1 rule, and state and federal law. The parties agree that client access to Conflict Counsel
prior to appearance in court is paramount.
Conflict Counsel shall meet with all in-custody clients at the Kent Corrections
Facility ("KCF") within 48 hours of notification of appointment, excluding weekends and
holidays. Conflict Counsel will appear at the KCF to consult with clients as necessary.
In addition to regularly scheduled court hearings held at the KCF, Conflict Counsel shall
be available to incarcerated clients and respond to requests submitted by those
clients. Clients that are incarcerated in the KCF who wish to call Conflict Counsel shall,
' during predetermined times designated by Conflict Counsel, be permitted to call
Conflict Counsel either to leave a message with Conflict Counsel or to speak with
' Conflict Counsel. If a client is incarcerated at the King County Regional Justice Center
on a separate matter, but will be transferred to the KCF, Conflict Counsel shall meet
with the client within a reasonable period of time following notice of appointment and
further shall see such clients in follow-up meetings as necessary.
4. Indigent Screening. Determinations of indigency for purposes of eligibility
' for appointed counsel under this Agreement are made through an independent
screening process established by the court and by direct appointments from the court.
Such appointments are made in accordance with state law. Should Conflict Counsel
determine a defendant is not eligible for assigned counsel prior to the establishment of
1 the attorney/client relationship, Conflict Counsel may promptly advise the court to
reconsider the eligibility of that defendant. The court's determination of indigency shall
' be final and binding upon Conflict Counsel.
5. Conflict Counsel Employees or Associated Counsel. Any counsel
' associated with or employed by Conflict Counsel shall have the authority and
qualifications to perform the services called for herein, and Conflict Counsel may
' employ and/or associate counsel to assist Conflict Counsel at Conflict Counsel's
expense. Conflict Counsel and all counsel employed or associated pursuant to this
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 3
(between City of Kent and Jordan Law Office, P S)
section shall be admitted to the practice of law in the state of Washington and be in '
good standing as such, pursuant to the rules of the Supreme Court of the State of
Washington.
Conflict Counsel shall be responsible for performance of this Agreement, `
notwithstanding that other counsel may be employed or associated by Conflict Counsel
to perform services hereunder. Conflict Counsel shall actively supervise associated and '
employed counsel throughout the term of this Agreement, and any renewals hereof, to
ensure that all cases are promptly and effectively handled from the time of t
appointment until conclusion of Conflict Counsel's representation of the client.
Conflict Counsel shall notify the City of any proposed association or ,
employment of counsel for purposes of performing the services called for herein, and
shall include in such notification all of the information called for in section VIII entitled
"Required Information" in the Request For Proposal. Conflict Counsel shall be
responsible for providing any required training and/or supervision at Conflict Counsel's
sole cost and expense. The City shall have the authority to prohibit an unqualified ,
attorney from performing the work called for in this Agreement
No Rule 9 qualified or other legal intern shall perform the services called r
for herein without the prior approval of the City.
6. Term of this Agreement. This Agreement shall commence on May 19th,
2008, and shall be in force and effect through December 31, 2008, with the City's sole
option to extend the agreement for up to three (3) additional one year terms, unless
either party terminates this Agreement in accordance with Section 14 of this
Agreement, entitled "Termination."
At the commencement of this Agreement, all other agreements between ,
the parties shall be superseded and shall be null and void.
7. Proof of Professional Liability Insurance. Conflict Counsel 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.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 4
(between Gty of Kent and Jordan Law Office, P 5)
8. Indemnification. Conflict Counsel shall indemnify, defend, and hold the
' City, its elected officials, officers, and employees harmless from any and all claims
whatsoever related to or arising from the performance of Conflict Counsel's obligations
pursuant to this Agreement, including but not limited to claims arising out of the errors
and omissions of Conflict Counsel relating to the representation or lack of
representation of clients, and/or by reason of accident, injury, or death caused to any
persons or property of any kind occurring during the performance or lack thereof of the
work required by this Agreement, or traveling to or from any place to perform the work
required by this Agreement, except to the extent they are caused by the negligence of
the City. The failure of Conflict Counsel to carry insurance in a quantity sufficient to
defend a claim or lawsuit or cover any judgment that results shall not operate to limit
Conflict Counsel's indemnification or defense of the City. This indemnification section
shall survive the expiration or termination of this Agreement.
1 9. Nondiscrimination. In the hiring of employees for the performance of
work under this Agreement, Conflict Counsel, or any person acting on behalf of such,
shall not, by reason of race, religion, color, sex, national origin, age, marital statutes,
sexual orientation, or the presence of any sensory, mental, or physical disability or
handicap, discriminate against any client or any person who is qualified, available, and
who applies to perform the work, or performs the work, called for in this Agreement.
Conflict Counsel 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.
10. Compensation.
a. Payment for Services: The City shall pay Conflict Counsel the sum
of $3,200 per month. This per month sum shall include all costs
' associated with Conflict Counsel's representation unless otherwise
specifically provided for section 10(c) of this Agreement. These
costs shall include, but not be limited to, license fees; insurance
' costs; rent; legal research materials and databases, training and
education; the costs of additional attorneys, paralegals,
administrative assistants, secretaries, and receptionists;
computers; copy machines or copy services; desks and other office
' AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 5
(between City of Kent and Jordan Law Office, PS)
equipment; office supplies; the provision of discovery to the '
prosecutor; delivery costs, telephone, internet, and utility costs;
travel time and expenses; reporting costs, and all time spent by
the law firm or attorney representing indigent clients. The City will
remit payment within forty-five (45) days of its receipt of a proper
invoice and the reports required by section 10(d). Any billing not
received by the City's Housing and Human Services office on or
before the tenth (10th) day of the month shall not be due and
payable until the City's next billing period. '
b. Case Load Limits. The monthly sum set forth in section 10(a)
above presumes that Conflict Counsel will be assigned up to 250 ,
cases per year. For the purposes of this subsection, in the event
Conflict Counsel is asked to act assist a defendant in court, for
example at arraignment or filling out court forms, but is not '
officially assigned to the case permanently, such assistance shall
not be counted as a case for the purposes of determining whether
the 250 case assignment limit has been met Also, a case will
only be included in the case load calculation one time Therefore,
in the event Conflict Counsel is permitted to withdraw from a case,
and is later required to represent the client again for that same
case, the reassignment to the case will not be included in
determining whether the 250 case limit has been met. In the
event that Conflict Counsel is assigned over 250 cases in a
calendar year, the City and Conflict Counsel shall, prior to
exceeding the 250 case assignment limit, negotiate payment for
the additional cases. It shall be the responsibility of Conflict '
Counsel to notify the Human Services Department in the event
Conflict Counsel anticipates that it will exceed the 250 case
assignment limit. Conflict Counsel shall establish case load limits
for attorneys assigned to perform services under this Agreement
that ensure effective representation of each and every client.
C. Miscellaneous Costs. The City agrees to reimburse Conflict
Counsel for all reasonable costs associated with obtaining and
transcribing trial court records for appeal purposes, if such costs
have not been waived, and reasonable and necessary expert or
investigative costs
d. Billing. Conflict Counsel shall bill the City, in care of the City's ,
Housing and Human Services office, on or before the tenth (10tn)
day of the month for services provided during the preceding '
month. Conflict Counsel's invoice shall include the following
charges:
(i) the payment set forth in subsection 10(a) and 10(b) above; '
and
i
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 6
(between City of Kent and Jordan Law Office P S)
' (ii) reasonable costs incurred by Conflict Counsel under
subsection 10(c) above for the previous month or months.
' e. Monthly Reports. In addition, Conflict Counsel shall remit with
each monthly invoice two reports which depict the following
information:
(i) Case Assignments - Identify all cases to which Conflict
Counsel was appointed during the prior month. This report
shall list the defendant name(s), charges(s), and cause
number(s).
(h) Case Dispositions - Identify all cases which have reached
disposition during the prior month. This report shall list
' each defendant name(s); charge(s); cause number(s); the
disposition of the case (i.e., guilty, not guilty, guilty to
amended charge, etc.); whether the case went to trial, and
if so, whether bench or jury trial; and whether an appeal
was filed.
The submission of these reports with the monthly invoice is
a condition of payment under this Agreement.
11. Discovery Provided. The City shall provide Conflict Counsel one (1) copy
of all discoverable material concerning each assigned case at no cost to Conflict
Counsel or its client, with the exception of audio and video tapes which shall be made
available for inspection in accordance with rules for discovery. Likewise, Conflict
Counsel shall provide discovery to the City upon request at no cost to the City, with the
exception of audio and videotapes, which shall be made available for inspection in
accordance with rules for discovery.
12. No Assignments or Subcontracts. No assignment or transfer of this
Agreement nor of any interest in this Agreement shall be made by either of the parties,
without prior written consent of the non-assigning party.
13. Conflict of Interest. In the event the representation of a defendant
Ihereunder raises a conflict of interest such that Conflict Counsel cannot represent the
defendant, said defendant shall be promptly referred to the Kent Municipal Court for
further assignment.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 7
(between City of Kent and Jordan Law office, PS)
14. Termination.
a. For Cause. The City or Conflict Counsel may terminate this ,
Agreement immediately in the event the other party breaches the Agreement and such
breach is not corrected to the reasonable satisfaction of the injured party in a timely '
manner after notice of breach has been provided to the other party. Each and every
term of this Agreement is material. The failure of any party to comply with any term of '
this Agreement shall be a breach of this Agreement. Additional cause shall be found in
the event Conflict Counsel fails to render adequate representation to clients, the willful '
disregard for the rights and best interests of the client, and the willful disregard for
standards applicable to the work performed pursuant to this Agreement. ,
b. For Reasons Beyond Control of Parties: Either party may terminate '
this Agreement without recourse by the other where performance is rendered
impossible or impracticable for reasons beyond such party's reasonable control such as
but not limited to acts of nature; war or warlike operations; civil commotion; riot; labor
dispute including strike, walkout, or lockout; sabotage; or superior governmental
regulation or control.
C. Without Cause. Either party may terminate this Agreement at any
time with or without cause upon giving the non-terminating party not less than ninety
(90) days prior written notice.
15. Agreement Applicable to All Employees and Volunteers. The terms of this ,
Agreement shall apply to all persons who are employed by, contracted by, or who
volunteer for, Conflict Counsel, including but not limited to attorneys, interns, '
paralegals, office assistants, secretaries, and investigators.
16. Status of Conflict Counsel. This Agreement calls for the performance of ,
the services of Conflict Counsel as an independent contractor and Conflict Counsel will '
not be considered an employee of the City for any purpose. Conflict Counsel and/or its
subcontractor(s) shall secure at its own expense and be responsible for any and all
payment of income tax, social security, state disability insurance compensation,
unemployment compensation, worker's compensation, and all other payroll deductions ,
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 8 ,
(between City of Kent and Jordan Law Office, P s)
' for Conflict Counsel and its officers, agents, and employees and the costs of all
1 business licenses, if any, in connection with the services to be performed hereunder.
Conflict Counsel shall be solely responsible for any and all claims or lawsuits filed
' against Conflict Counsel by personnel employed by Conflict Counsel related to the
conditions or terms of employment by Conflict Counsel, and Conflict Counsel shall
' defend, indemnify, and hold harmless the City and its employees and officers from any
such claims or lawsuits.
17. Compliance with Laws. At all times, Conflict Counsel shall comply with all
applicable state, federal, and city laws and regulations, and all court rules, evidence
rules, and all cannons and rules of professional conduct applicable to attorneys.
' 18. Additional Services. Conflict Counsel may be requested to perform
additional services beyond the original scope of services as defined in section 1 of this
Agreement. Such work will be undertaken only upon written authorization of the City
based upon an agreed amount of compensation. Conflict Counsel shall comply with
standards for public defense services as may be adopted by the City pursuant to
Chapter 10.101 RCW.
f19. Notices. All notices and other written documentation shall be sent to the
' parties at the following addresses unless otherwise requested in writing:
City of Kent: Conflict Counsel:
Katherin Johnson Attn: Michael Jordan
' City of Kent Jordan Law Office
220 Fourth Ave. S. 2201 N. 30th
Kent, WA 98032 Tacoma, WA 98403
' 20. Entire Agreement - Amendments. This instrument contains the entire
Agreement between the parties for the contemplated work and services to commence
May 19, 2008, and it may not be enlarged, modified, altered, or amended except in
writings signed and endorsed by the parties; provided, Section VI, entitled "Scope of
Services - Requirements of Conflict Counsel" set forth in the "Request for Proposals -
Conflict Counsel for Public Defense", which is associated with this Agreement, shall be
a part of this Agreement except to the extent this Agreement and Section VI conflict, in
' which case the conflicting term of this Agreement shall prevail.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 9
' (between City of Kent and Jordan Law Office, P S)
21. Duplicate Originals. This Agreement is executed in duplicate originals.
22. Effective Date. This Agreement will become effective upon the last date
entered below. '
CITY: CONFLICT COUNSEL:
City of Kent Jordan Law Office, P.S. t
Print Name: Suzette Cooke Print Name: '
Title: Mayor Title:
Dated: Dated. '
ATTEST: '
Brenda Jacober, City Clerk ,
APPROVED AS TO FORM:
Kent Law Department '
c�C vm,F,e:\oeenFne:�iz15�Conamncoun.eiMrelm-, 2IDS eoc '
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 10 '
(between City of Kent and Jordan Law Office, P S)
' 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 contract 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 contract
to adhere to. An affirmative response is required on all of the following
questions for this contract 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 contract,
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 contract 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 contract 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 contract I, the prime contractor, will actively consider
hiring and promotion of women and minorities.
5. Before acceptance of this contract, 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 , 2003.
' By.
For:
Title:
' Date:
' AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- EEO DOCUMENTS
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 contracts 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 contract.
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.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - EEO DOCUMENTS ,
CITY OF KENT
' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
' This form shall be filled out AFTER COMPLETION of this project by the Contractor
awarded the contract.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and
declare that the before-mentioned company was the prime contract for the
' contract 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 contract.
' Dated this day of , 2003.
By:
' For:
Title:
Date:
' AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- EEO DOCUMENTS
EXHIBIT A '
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.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance '
Contractor shall maintain the following insurance limits:
1. Professional Liability insurance shall be written with limits no less t
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. 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.
AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES—INSURANCE REQUIREMENTS ,
EXHIBIT A
' INSURANCE REQUIREMENTS
(cont.)
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.
1
' AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - EEO DOCUMENTS
' Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6J
1. SUBJECT: KABOOM GRANT AGREEMENT - AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to sign all necessary
documents with KaBOOMI for the acquisition and installation of a grant funded
community playground at Lake Meridian Park, and to accept all donated
equipment subject to the selection of a qualified funding partner and upon final
contract terms and conditions acceptable to the City Attorney.
1 Staff submitted a grant request to KaBOOMI on February 5, 2008 to be
considered for receipt of new playground equipment valued at approximately
$120,000. KaBOOMI matches qualified organizations with corporate funding
partners, such as The Home Depot and Washington Mutual The funding partners
then provide volunteers, a KaBOOMI project manager, and funds for
approximately 70% of the cost of the equipment and a fall 2008 installation. The
City's financial match will be no more than $10,000. KaBOOMf requires the City
sign and return a final contract within three days of being notified it is receiving
the grant. Therefore, advance Council authorization is being requested.
3. EXHIBITS: Outreach Statement
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
' Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTI ON:
fKaBOOM! Outreach Statement T,
My signature below confirms that I have spoken with KaB00M! Client mm
Services representatives and understand that if my organization is selected for a KaB00M!
project,we will be responsible for the following:
1) Fundraising $10,000 USD toward the cost of equipment
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
3) Recruiting 50-90 volunteers from the community to participate on Budd Day, and between
12 and 15 parents to participate in the planning process.
4) Providing land and site preparation two weeks prior Build Day to result in a flat dirt surface
5) Perform up to two utility checks during the planning process
6) Perform a soil test for lead and arsenic that is completed within two weeks of Design Day
7) Using a supervised volunteer installation
8) Accepting liability for and maintaining the playground upon completion
9) Using Playworld Systems equipment
10) Using engineered wood fiber for safety surfacing
Signing this Outreach Statement signifies that all involved parties
(including person responsible for signing final Letter of Agreement)
have reviewed the Draft Letter of Agreement and are prepared to sign
the official contract within three calendar days of being chosen for a
KaBOOM! playground project.
Name of Organization
Name and Title of Person that would be signing the contract(please print)
Authorized Signature Date
Name and Title of Main Contact Person (if different from above)
Signature of Main Contact person Date
Address Phone number
Notes/Exceptions
Please sign and fax back to 202-659-0210
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6K
1. SUBJECT: 1ST QUARTER FEE-IN-LIEU FUNDS - ACCEPT AND AMEND
BUDGET
2. SUMMARY STATEMENT: Accept the $14,100 fee-in-lieu funds and approve
the expenditure of these funds in the Arbor Heights 360 Park budget.
Between January and March 2008, the City received a total of $14,100 from one
developer who voluntarily paid fees in lieu of dedicating park land to mitigate the
development of single family homes.
Ordinance 2975 requires developers to dedicate park and open space land in
proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based
on assessed land values.
3. EXHIBITS: Revenue Report
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
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1 Kent City Council Meeting
Date May 6, 2008
jCategory Consent Calendar - 6L
1. SUBJECT: KING CONSERVATION REIMBURSABLE GRANT FOR RELEAF 2007 -
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King Conservation
District grant of $10,748.75 to fund ReLeaf 2007 and approve the expenditure of
funds in the Clark Lake Management Plan budget.
On February 21, 2008, staff submitted an application to King Conservation District
for a reimbursable grant to fund ReLeaf 2007. The grant request was approved
by the King Conservation Board on March 11, 2008. The funds were used to plant
and mulch 250 native plants. This work was completed by Park Staff and 59
volunteers during ReLeaf 2007 on October 11, 2007.
Based on the terms of the grant, the City will receive 90% of the grant amount
($9,673.87) once the grant has been executed. The balance is withheld until all
terms of the grant have been fulfilled.
3. EXHIBITS: Letter of award and Grant Agreement
i4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
4
" ?D
King Conservation District
935 Powell Avenue SW,Ste D•Renton,WA 98057•Phone(425)277-5581•Fax(425)277-5588•E-mail disbict@kmged oig
I
March 26,2008
Victoria Andrews
City of Kent,Parks Department
220 4th Ave S.
Kent,WA 98032-5895
Dear Victoria,
Enclosed are two copies of an Agreement for award of a King Conservation
District Member Jurisdiction&WRIA Forum Grant for the Releaf 2007 at Clark
Lake Park project. This grant is funded with King Conservation District Special
Assessment funds allocated to City of Kent, Parks Department,
1 After obtaining signatures from City of Kent, Parks Department representatives,
retuin both copies of the Agreement to me I will obtain the requned signatures
from King Conservation District representatives and forward a signed original
for your records. At that time, I will also forward a check for the amount of 90%
of the grant award grant.
I am available to answer any questions you may have. Please do not hesitate to
contact me.
ISincerely,
?ssica Saavedra
Member Jurisdiction&WRIA Forum Grant Program Lead
Cc.
Enclosures (2)
' I
KCD Ref 08-048 Grant agmt itrs-(3)Bellevue,Kent,KC
AGREEMENT FOR AWARD
OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT
1 City of Kent, Parks
I This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055
(referred to herein as "District"), and City of Kent, Parks, a municipal corporation in King
County, Washington, located at 220 4'h Ave S., Kent, WA 98032 (referred to herein as
"Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89 08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a
system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.09.220, RCW 89.08.341 and/or Chapter 39 34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW and the
District's policies and procedures for awarding grants, and
1.5 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Ten thousand,
seven hundred forty-eight Dollars and Seventy-five Cents ($10,748.75) from 2005 and 2006
Assessments Grant funds shall be used by Recipient solely for the performance of the work
described in Exhibit A which is attached hereto and incorporated herein by this reference The
District shall pay the grant funds to Recipient in accordance with the District's standard procedures,
provided that such funds have been collected and received by the District.
i2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3 3 of the
Agreement Recipient shall be required to refund to the District that portion of any grant finds
which are used for unauthorized work Further, Recipient agrees to return to the District any grant
funds that are not expended or remain after completion of the work covered by this Agreement. ,
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries. Enumclaw, Federal Way,
Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of
any grant funds which are used for work performed outside the District's jurisdictional boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of grant
funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplam mapping or sensitive areas regulations were in place
for that area Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and project
progress reports, along with an annual summary report. Financial and project reports shall be due
June 30 and November 30 each year The Recipient shall also be required to submit to the District a
final report which documents the Recipient's completion of the work in conformance with this
Agreement within thirty (30) days after the completion of the work The final report shall, among
other things, summarize the project's successes and shall address the regional benefits accomplished
by the work The final report shall also identify any obstacles or challenges which were encountered
during the work, along with general recommendations regarding ways to avoid such obstacles or
challenges in the future. If requested, Recipient agrees to provide the District with additional
financial or progress reports from time to tune, at reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests
made by the District with respect to the manner in which project expenditures are tracked and
accounted for in Recipient's accounting books and records. Recipient shall maintain such records of
expenditures as may be necessary to conform to generally accepted accounting principals and to
meet the requirements of all applicable state and federal laws.
27 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS")
28 The District or its representative shall have the right from time to time, at reasonable
intervals, to audit the Recipient's books and records in order to verify compliance with the terms of
this Agreement. Recipient shall cooperate with the District in any such audit
29 Recipient shall retain all accounting records amid project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
- 2 -
t
2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents,
contractors or subcontractors is performed in a manner which protects and safeguards the
1 environment and natural resources and which is in compliance with local, state and federal laws and
regulations. Recipient shall implement an appropriate monitoring system or program to ensure
compliance with this provision
i2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or
appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or
death of person or damage to property allegedly resulting from the negligent or intentional acts of
the Recipient or any of its employees, agents, contractors or subcontractors in connection with this
Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
t3.2 This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof No prior or contemporaneous representation, inducement, promise or
agreement between or among the parties which relate to the subject matter hereof which are not
embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties The parties
contemplate that this Agreement may from time to time be modified by written amendment which
shall be executed by duly authorized representatives of the parties and attached to this Agreement
3.4 Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party warrants
and represents that he/she has been fully authorized to execute this Agreement on behalf of such
party and that such party is bound by the signature of such representative
DISTRICT: RECIPIENT:
By BY
Name Name
iTitle Title
Date Date
- 3 -
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: r
By (/� C. By
Name & L C. { , VY1 O U Name
1
Date a t g b Date
i
1
1
1
- 4 -
i
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6M
1. SUBJECT: ROTARY CLUB DONATION FOR SENIOR ACTIVITY CENTER
FITNESS ROOM - ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the $11,340.85 donation for new fitness
equipment from the Rotary Club of Kent Sunrise and approve the expenditure of
funds in the Senior Center Budget.
The Rotary Club of Kent Sunrise is supporting the remodel and addition to the
Kent Senior Activity Center's Fitness Room. A check for $11,340.85 as payment
for the new equipment includes: two treadmills, 1 recumbent bike, 1 upper body
exerciser and floor mats. The equipment was installed and purchased from Club
Fitness Equipment of Redmond in late April. The Grand Opening was Tuesday,
April 29, 2008.
3. EXHIBITS: None
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
` ACTION:
Kent CityCouncil Meeting
9
Date May 6, 2008
Category Consent Calendar - 6N
1. SUBJECT: RESOLUTION FOR APPLICATION TO RECREATION AND
CONSERVATION OFFICE FOR WEST HILL PARK DEVELOPMENT -
ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. authorizing
application to the Recreation and Conservation Office to request funding for the
development of West Hill Park.
Each year staff pursues funding for park development through the Recreation and
Conservation Office. Staff is requesting authorization to submit the grant
application to the Recreation and Conservation Office through its Washington
Wildlife and Recreation Program to fund development of a future neighborhood
park at the undeveloped West Hill park site on Military Road, north of the Armory.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
iS. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Counctlmember seconds
i
DISCUSSION:
ACTION:
RESOLUTION NO.
1
1 A RESOLUTION of the City Council of the
City of Kent, Washington, authorizing application to
the Recreation and Conservation Office for state
funding assistance for a Washington Wildlife and
Recreation Program project as provided in Ch.
79A.15 RCW, Acquisition of Habitat Conservation
and Outdoor Recreation Lands.
RECITALS
A. The City of Kent has approved a comprehensive plan that
includes the West Hill Park development project.
B. Under the provisions of the Washington Wildlife and
Recreation Program provided for in Ch. 79A.15 RCW, state funding
assistance has been requested to aid in financing the development cost of
fthe West Hill Park.
C. The City of Kent considers it in the best public interest to
complete the development project described in the application in order to
develop the West Hill Park area.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1
Recreation & Conservation Office -
West Hill Park Development
RESOLUTION
SECTION 1. - Application. The City's Parks, Recreation, and
Community Services Director is authorized to make formal application to
the state Recreation and Conservation Office for funding assistance.
SECTION 2. - Use of Funds. Any fund assistance received will be i
used for the implementation of the project referenced above and described
in the application, which is the development of the West Hill Park area. r
SECTION 3. - City Funds. The City of Kent certifies that its share of
project funding is committed and will be derived from 2009 - 2010 Capital
Funds.
SECTION 4. - Non-Cash Commitments. The City of Kent
acknowledges that it is responsible for supporting all non-cash
commitments to the sponsor share should they not materialize.
SECTION S. - Use Retained In Perpetuity. The City of Kent
acknowledges that any property acquired or facility developed with r
Recreation and Conservation Funding Board (RCFB) financial aid must be
placed in use for the funded purpose and be retained in such use in
perpetuity unless otherwise provided and agreed to by the City of Kent and
RCFB.
SECTION 6. - Resolution - Part of Application. This resolution
becomes part of the City's formal application to the state Recreation and
Conservation office.
SECTION 7. - Public Comment. The City of Kent provided
appropriate opportunity for public comment on this application at a Parks
and Human Services Committee public meeting on April 17, 2008.
2 "
Recreation & Conservation Office -
West Hill Park Development
SECTIONS. - Effective Date. This resolution shall take effect and
' be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of May, 2008.
' CONCURRED in by the Mayor of the City of Kent this day of
May, 2008.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
i
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of May, 2008.
BRENDA JACOBER, CITY CLERK
P\Qvll\P,solution\RM-WestHillPa MDevelapment dea
I3
Recreation & Conservation Office -
West Hill Park Development
i
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 60
j 1. SUBJECT: RESOLUTION FOR APPLICATION TO RECREATION AND
CONSERVATION OFFICE FOR PANTHER LAKE DEVELOPMENT -
ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. authorizing the
application to the Recreation and Conservation Office to request funding for the
acquisition of land for Panther Lake Park.
Each year staff pursues funding for land acquisition for future park development
through the Recreation and Conservation Office. Staff is requesting authorization
to submit the grant application to the Recreation and Conservation Office through
its Washington Wildlife and Recreation Program to fund acquisition of land for a
future community park in the Panther Lake potential annexation area.
i
i
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
i5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
IDISCUSSION:
ACTION:
i
t
1
RESOLUTION NO.
1� A RESOLUTION of the City Council of the
City of Kent, Washington, authorizing application to
I the Recreation and Conservation Office for state
funding assistance for a Washington Wildlife and
Recreation Program project as provided in Ch.
79A.15 RCW, Acquisition of Habitat Conservation
and Outdoor Recreation Lands.
RECITALS
A. The City of Kent has approved a comprehensive plan that
includes the Panther Lake Park acquisition project.
B. Under the provisions of the Washington Wildlife and
Recreation Program provided for in Ch. 79A.15 RCW, state funding
assistance has been requested to aid in financing the acquisition cost of the
Panther Lake Park.
C. The City of Kent considers it in the best public interest to
complete the acquisition project described in the application in order to
develop the Panther Lake Park area.
jNOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1
Recreation & Conservation Office -
Panther Lake Park Acquisition
RESOLUTION
SECTION 1. - Application. The City's Parks, Recreation, and
Community Services Director is authorized to make formal application to
the state Recreation and Conservation Office for funding assistance.
SECTION 2. - Use of Funds. Any funding assistance received will be j
used for the implementation of the project referenced above and described
in the application, which is the acquisition of the Panther Lake Park area.
SECTION 3. - City Funds. The City of Kent certifies that its share of
project funding is committed and will be derived from local King County
Conservation Futures grant fund.
SECTION 4. - Non-Cash Commitments. The City of Kent
acknowledges that it is responsible for supporting all non-cash
commitments to the sponsor share should they not materialize.
SECTION 5. - Use Retained In Peroetuitx. The City of Kent
acknowledges that any property acquired or facility developed with j
Recreation and Conservation Funding Board (RCFB) financial aid must be
placed in use for the funded purpose and be retained in such use in
perpetuity unless otherwise provided and agreed to by the City of Kent and
RCFB.
SECTION 6. - Resolution - Part of Application. This resolution
becomes part of the City's formal application to state Recreation and
Conservation Office.
SECTION 7. - Public Comment. The City of Kent provided
appropriate opportunity for public comment on this application at a Parks
and Human Services Committee public meeting on April 17, 2008.
2
Recreation & Conservation Office -
Panther Lake Park Acquisition
SECTION 8. - Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of May, 2008.
CONCURRED in by the Mayor of the City of Kent this day of
May, 2008.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of May, 2008.
BRENDA JACOBER, CITY CLERK
v�Mlw uaonwWae erukevamx UWmn erc
3
Recreation & Conservation Office -
Panther Lake Park Acquisition
i
Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6P
1. SUBJECT: MIDWAY SUBAREA PLANNING, INTERLOCAL AGREEMENT -
APPROVE AND AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Planning and Economic
Development Committee, authorize the Mayor to sign the interlocal agreement
Iwith the City of Des Moines regarding the Midway planning project.
The Cities of Kent and Des Moines are utilizing grant monies to develop land use
policies, development regulations and implementation strategies within the high-
capacity transit corridor of Pacific Highway South (SR-99).
' 3. EXHIBITS: Minutes and agenda packet of 3/10/08 PEDC meeting, Interlocal
Agreement
4. RECOMMENDED BY: Planning and Economic Development Committee
(Committee, Staff, Examiner, Commission, etc )
t5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
tDISCUSSION:
IACTION:
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
W A 5 H i NGTON
Phone* 253-856-5454
Fax 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
May 6, 2008
TO: Mayor Suzette Cooke, Council President Debbie Raplee and City
Council Members
FROM: Gloria Gould-Wessen, AICP, Long Range Planner
RE: #CPA-2007-4 / #CPZ-2007-2 Midway Subarea Plan
MOTION: Approve the Interlocal Agreement between the City of Kent and the
1 City of Des Monies regarding the Midway Planning Project and authorize the
Mayor to sign the interlocal.
SUMMARY: On March 4, 2008 the Planning & Economic Development Committee
(PEDC) unanimously authorized the Mayor to sign the Interlocal Agreement
between the Cities of Kent and Des Moines regarding the Midway Planning Project
(see attached PEDC packet - Attachment A). On April 24, 2008 the Des Moines City
Council authorized the City Manager to sign the aforementioned Interlocal
Agreement. This is a joint planning project between the Cities of Kent and Des
Monies and is being funded by a State of Washington Department of Community
Trade and Economic Development (CTED) grant of $125,000.
1 BUDGET IMPACT: None. The CTED grant funds cover all fiscal obligations
referred to within the aforementioned Interlocal Agreement.
BACKGROUND: The City of Kent is the project lead, and the signatory to the
CTED grant contract, for this collaborative planning project. The collective interest
in initiating economic revitalization along the shared border prompted this joint
project. The Interlocal Agreement ensures the City of Des Moines adheres to
CTED's grant deliverables (see Section A, in the interlocal agreement), and that
both cities agree to the outlined budgetary obligations (see Section B), prescribed
record keeping and reporting responsibilities (see Section C), outlined public
process (see Section D), and dispute and termination language. The interlocal
agreement will ensure that the Midway Planning Project has a mechanism for
success between the City of Kent and the City of Des Moines.
CA pm S 1PermitiPlaniCOMP_PLAN_AMENOMENTSi20071CPA-2007-4_MidwaySubareaPfan\COUNCIL�050608_Memo doc
Enc Attachment A - PEDC March 4, 2008 Packet for the Midway Planning Project
cc Charlene Anderson, AICP, Planning Manager
Fred N Satterstrom, AICP, CD Director
Project File
1
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.
Gould-Wessen stated that the City competed for and was awarded a grant of
1 $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 27cn
1 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.
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.
PEDC Minutes
March 10, 2008
Page 1 of 1
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
W ASH IN0-0N
Phone: 253-856-5454
' Fax 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
March 4, 2008
TO: Chair Elizabeth Albertson and Planning & Economic Development
Committee Members
FROM: Gloria Gould-Wessen, AICP, Long Range Planner
RE: #CPA-2007-4 / #CPZ-2007-2 Midway Subarea Plan
Item A. MOTION: I move 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.
Item B. MOTION: I move to authorize the Mayor to sign a contract with
Cascade Design Collaborative to facilitate a series of public workshops
' on the Midway Planning Project for a total not to exceed $46,000,
subject to final terms and conditions acceptable to the City Attorney and
the Planning Manager.
' SUMMARY: Item A: In late 2007 and early 2008, planning staff briefed the City
Councils of Kent and Des Moines on a joint planning effort within the area of
Midway. The effort is being funded by a State of Washington Department of
Community Trade and Economic Development (CTED) grant of $125,000. While
Kent is identified in the CTED grant as the project lead, the visioning process will be
' a collaborative effort between the Cities of Kent and Des Moines that will result in
land use policies, development regulations, and implementation strategies within
the high-capacity transit corridor of Pacific Highway South (SR-99). The interlocal
agreement incorporates the CTED grant agreement, defines the project's Mission,
Goals, and Study Area boundaries, and identifies services and funds allocated to the
City of Des Moines that will be paid for by the CTED grant.
Item B: The Midway Planning Project identified the need for a facilitator to conduct
the extensive public outreach as part of the CTED grant. The City of Kent's
Administrative Policy 1.1 provides guidelines for the purchase of services under
1 $50,000. Pursuant to Policy 1 1, three consultants were solicited by phone,
provided a scope of work, and interviewed. The interview team was comprised of
staff from the Cities of Kent and Des Moines. The consultant team of Cascade
1 Design Collaborative and Berk & Associates was selected.
BUDGET IMPACT: None. The CTED grant pays for the consultant team $46,000.
BACKGROUND: Item A: In an effort to define the direction of the Midway
Planning Project, the Cities of Kent and Des Moines held two joint meetings by ,
Kent's Planning and Economic Development Committee (PEDC) and Des Moines'
Finance and Economic Development Committee (FEDC) on February 11 and
February 20, 2008. The intent of the meetings was to articulate the project's
mission, define the goals, establish the study area boundaries and review a list of
suggested participants for the Stakeholders Committee and make recommendations
for additional participants. All tasks were accomplished. The mission, goals, and
study area will be used to guide the project, focus the public outreach, and
measure progress, and as such, they are incorporated by reference into the
interlocal agreement (Exhibit B). The interlocal agreement outlines the Midway
Planning Project deliverables obligated in the CTED grant agreement (referenced as
Exhibit A) and outlines the grant's budget agreement where services are provided
or funds paid by the City of Kent to the City of Des Moines. The interlocal
agreement will ensure that the Midway Planning Project has a mechanism for
success between Kent and Des Moines.
Item B: The collaborative Midway Planning Project will engage the residents,
business owners, property owners, local institutions, and state and regional
transportation agencies to participate in defining Midway's future through a robust
public process. To facilitate the public process and to ensure the vision for Midway
is economically feasible, a consultant team was selected out of three candidates
interviewed. The consultant team will conduct a series of meetings with a
Stakeholders Committee and the public A developers forum will be held to review
the land use options envisioned by the Stakeholders and public. Each of these
three groups will discuss land use options, transportation and economic
opportunities, and identify implementation strategies that are grounded by the ,
mission and goals (see Item A above). From the visioning efforts of all the
participants, the consultants will illustrate two development alternatives, create a
series of streetscape and built form illustrations to be included in possible design ,
guidelines, and write up an executive summary document that will be presented to
the City Council.
Included in this agenda packet are the interlocal agreement with its exhibits and ,
the draft consultant services agreement with its exhibits. Staff will be available at
the March loth meeting to further discuss these items.
CA pm 1Permit}PlanICOMP PLAN_AMENDMENTS\20071CPA-2007-4_MidwaySubareaPlan�PEDQ031008_Memo doc
Eric Attachment A - Interlocal Agreement between Kent and Des Moines
Attachment B - Draft Consultant Services Agreement between Kent and Cascade Design Collaborative '
cc Charlene Anderson, AICP, Planning Manager
Fred N Satterstrom, AICP, CD Director
Denise Lathrop, AICP - City of Des Moines Planning Manager
Project File
1
PEDC Meeting
March 10, 2008 ,
Page 2 of 2
t
Attachment A
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND
THE CITY OF DES MOINES REGARDING
' THE MIDWAY PLANNING PROJECT
THIS INTERLOCAL AGREEMENT is entered into between the City of Kent, a
Washington Municipal Corporation, located and doing business at 220 Fourth
Avenue South, Kent, Washington 98032 (hereafter "Kent") and the City of Des
Moines, a Washington Municipal Corporation, located and doing business at 21630
11th Avenue South, Des Moines, Washington 98198 (hereafter "Des Moines").
RECITALS
WHEREAS, on January 31, 2008, Kent was awarded a $125,000 grant from
the State of Washington Department of Community, Trade and Economic
Development, hereinafter referred to as "CTED," to work collaboratively with Des
Moines to develop land use policies, development regulations, and implementation
strategies within the high capacity transit corridor of Pacific Highway South utilizing
a public process that connects with a broader community (the "Midway Planning
Project"). The CTED Grant Agreement for this Midway Planning Project is attached
as Exhibit "A" and incorporated herein (the "Grant Agreement" or "Grant").
WHEREAS, both Kent and Des Moines have contractual obligations in the
' CTED Grant Agreement.
WHEREAS, Kent is the lead agency for the CTED Grant Agreement with
compensation for the work performed under the Grant Agreement to be provided in
accord with the terms of the same.
' WHEREAS, on February 11 and February 20, 2008, Des Moines and Kent
council committees met and agreed on the Midway Planning Project's Study Area,
Mission Statement, and Goals as set forth in Exhibit "B" attached and incorporated
herein.
WHEREAS, the Study Area, Mission Statement, and Goals set forth in Exhibit
I B will guide the public visioning process and the Cities decision making for the
Midway Planning Project.
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part
hereof, IT IS MUTUALLY AGREED BY KENT AND DES MOINES AS FOLLOWS:
INTERLOCAL AGREEMENT RE MIDWAY PLANNING PROJECT - Page 1
(Between the City Of Kent and the City Of Des Moines) (February 28, 2008)
Attachment A
AGREEMENT
A. Midway Planning Project Deliverables to CTED. The following items, or
deliverables, must be performed in accordance with the Mission Statement and
Goals in Exhibit B and will be provided to CTED per the terms of the Grant
Agreement:
1. Kent will provide a link to and hard copy of the final web page for
Kent and Des Moines Midway Planning Project website. ,
2. Kent and Des Moines will write a "How to" guidebook based on the
lessons learned from using virtual reality software and web-based
tools for public visioning process and produce 20 booklets.
3. Kent and Des Moines will provide a draft assessment report of
existing conditions within Kent and Des Moines.
4. Kent and Des Moines will provide a draft preferred high-capacity
transit route and station locations for Kent and Des Moines.
S. Kent and Des Moines will each provide draft land use and
development regulations for their respective cities for the shared
border west of Pacific Highway South. These land use and
development regulations will be consistent with each other.
6. Des Moines will provide a draft subarea plan or neighborhood plan
update reflecting the input from the community, Stakeholders
Committee, and governing bodies.
7. Kent will provide a draft subarea plan reflecting the input from the
community, Stakeholders Committee, and governing bodies.
8. Kent will provide draft zoning amendments that include example
design guidelines and Transit Oriented Development overlay options
to reflect alternative land uses within Kent.
9. Des Moines will provide draft zoning amendments that includes
example design guidelines and Transit Oriented Development
overlay options to reflect alternative land uses within the Des
Moines. ,
B. Midway Planning Project Grant Agreement Budget. The following will
be paid from the Grant Agreement funds by Kent,
1. In pursuit of the deliverables in section A above, Kent, agrees to
purchase or provide mailed or published public meeting notice, '
printing, postage, display materials, refreshments for public meetings,
an intern to develop virtual reality scenarios, consultants for web
design and hosting, and consultants for facilitation of public meetings,
all of which will be conducted jointly Des Moines for the purpose of
accomplishing the work outlined in the Grant Agreement.
INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 2 ,
(Between the City Of Kent and the City Of Des Moines) (February 28, 2008)
Attachment A
2. Kent agrees to pay Des Moines $5,053 from the Grant funds to
compensate for staff time spent solely in pursuit of accomplishing the
work outlined in the Grant Agreement.
1 3. The City of Kent agrees to purchase for Des Moines one license of
CommunityVIZ 360 software and provide training for three (3) staff
persons on CommunityVIZ.
C. Record Keeping and Reporting. The Grant Agreement requires specific
record keeping. The following is a division of duties regarding the keeping of those
Irecords:
1. In accord with the Grant Agreement, Des Moines shall maintain, and
provide to Kent, books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended
in the performance of the Grant Agreement deliverables.
' 2. Des Moines shall provide a copy of all its deliverables described in
section A above to Kent in accordance with the Grant Agreement.
I3. Kent shall provide a copy of all its deliverables described in section A
above to Des Moines in accord with the Grant Agreement.
' D. Public Process: The Midway Planning Project will have an extensive public
process with a minimum of four (4) open public forums; four (4) Stakeholders
Committee meetings; and numerous public meetings held in the Cities of Kent and
Des Moines by their respective planning board/agency and elected officials. The
project's mission and goals will serve to guide the public process. The Stakeholders
Committee represents interested agencies and institutions, property and business
owners, residents, and jurisdictions adjacent to the study area. The Stakeholders
Committee tasks are the following:
1. Identify preferred high-capacity transit routes and station locations for
Kent and Des Moines;
2. Identify possible land use and zoning changes and implementation
strategies;
3. Participate in developing design guidelines for the streetscape and the
built form (i.e., parking, building, and landscaping);
4. Provide advisory recommendations to Kent and Des Moines staff and
elected officials.
E. Miscellaneous:
1. Termination. This agreement shall terminate on the date that the
parties have completed the deliverables in section A above and have
' INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 3
(Between the City Of Kent and the City Of Des Moines) (February 28, 2008)
Attachment A
provided the same to CTED, which by the terms of the Grant ,
Agreement shall be no later than June 15, 2009.
2. Payment. To receive the compensation in section 6.2., Des Moines
shall provide Kent with an itemized invoice for billable hours for Des
Moines staff work performed in accordance with the Grant Agreement.
Payment shall be made by Kent to Des Moines within (thirty) 30 days
of receipt of such invoice meeting the requirements of Kent.
3. Extra Work. In the event it is determined that any "substantial '
change" from the description of the work contained in the Grant
Agreement is required, written approval must be secured from Kent ,
before the beginning of such work.
4. Legal Relations. Des Moines shall defend and hold Kent, 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 or in connection with the performance of this ,
Interlocal Agreement, except for injuries and damages caused by the
Kent's negligence.
Kent shall defend and hold Des Moines, 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 or in connection with the performance of this
Interlocal Agreement, , except for injuries and damages caused by Des
Moines' negligence.
5. Resolution of Disputes and Governing Law. This Interlocal Agreement
shall be governed 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
Interlocal 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 located
in Kent, 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 Interlocal
Agreement, each party shall pay all of 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 right to ,
indemnification under Section 4 of this Interlocal Agreement.
6. Assignment. Any assignment of rights or duties under this interlocal
Agreement by either party without the written consent of the non-
assigning party shall be void.
INTERLOCAL AGREEMENT RE- MIDWAY PLANNING PROJECT - Page 4 '
(Between the City Of Kent and the City Of Des Moines) (February 28, 2008)
Attachment A
' 7. Modification. No waiver, alteration or modification of any of the
provisions for the Interlocal Agreement shall be binding unless in
writing and signed by a duly authorized representative of Kent and Des
Moines.
' 8. Entire Agreement. The written provisions and terms of this Interlocal
Agreement, together with any attached Exhibits, shall supersede all
prior verbal statements of any officer or other representative of either
party, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this
Interlocal Agreement. This document, including all Exhibits, is the
entire agreement between the parties Should any language in any of
the Exhibits to the Interlocal Agreement conflict with any language
contained in this Interlocal Agreement, the terms of this Interlocal
Agreement shall prevail.
9. Concurrent Originals. This Agreement is signed in four (4) counterpart
' originals.
10. Effective Date. This Interlocal Agreement shall be effective as to all
parties on the last date signed below.
IN WITNESS WHEREOF, this Interlocal Agreement is executed by the Parties
by their authorized officers indicated below.
CITY OF KENT: CITY OF DES MOINES:
By: By:
Its: Its:
Dated: Dated:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kent Law Department Des Moines City Attorney
P\Gull\Files\Open Files\12S511n[erlocalAgreemen[2-27-08 doc
S\Permit\Plan\COMP_PLAN_AMENDMENTS\2007\CPA-2007-4_MidwaySubamaPlan\PEDC\031008_InterlocalAgreement_Final doc
INTERLOCAL AGREEMENT RE MIDWAY PLANNING PROJECT - Page 5
(Between the City Of Kent and the City Of Des Moines) (February 28, 2008)
STATE fi(iNASHINGTON 0
DrPARTMENT OF COMMUNITY, TRADE AND ECONOMIC IOVELO!'MENIF
128- IW hrrvrue 5W•PO Box 42525.Olympia, Washingt<m 98504-2525•(36(0625-4(W
February 1, 2008
I Ms. Gloria Gould-Wessen, Long Range Planner/GIS Coordinator
City of Kent
220 Fourth Avenue South
Kent, Washington 98032-5895
Dear Ms. Gould-Wessen:
' Enclosed is your signed original contract between City of Kent and the Department of Community,
Trade and Economic Development for your Competitive Grant. If you have any questions about the
contract,please call me at(360)725-3067.
' SincTly,
'/Jaclyn Woodson,Contract Specialist
Growth Management Services
Phone: (360)725-3067/Fax: /E-mail:jaclynw@cted.wa.gov
' Enclosure •
JAN .G 4 Zoo8 '
CTED Contract Face Sheet GROWTH MANAGEMENT Contract Number.COS-63200-420
v!32-airoizoos ,
Washineon Slate Department of Community,Trade and Economic Development
Loeal Government Division
Growth Management Serviceb ,
1. Contractor Name and Addre%s 2. Contractor Doing Business As(optional) ,
City of Kent
220 Fourth Avenue South
Kent, Washington 98032-5895
3. Contractor Representative 4. CTED Representative
Name: Gloria Gould-Wessen Name-Sam Wentz
Phone:(253) 856-5441 Phone:(360)725-3063
Fax: (253) 856-6454 Fax:
e-mail:ggould-wessen@ci kent.wa.us e-mail:samw@cted.wa.gov
5. Contract Amount 6. Funding Source 7.Start Date 8.End Date
$125,000 Federal: ❑ State: ❑X Other: ❑ N/A: ❑ Date of Execution 06/30/2009
9. Federal Funds(as applicable) Federal Axency: CFDA Number:
N/A NIA
10.Tax 1D # III.SwV# 12.UBl# 13. DUNS#
91-6001254
14.Contract Purpose
To develop land use policies,development regulations and implementation strategies within the high capacity transit
corridor of Pacific Highway South utilizing a public process that connects with a broader community base
CTED and GRANTEE acknowledge and accept the terms of this AGREEMENT and attachments and have executed this
AGREEMENT on the date bckww to start as of the date of the last signed party. The rights and obligations of both parties to ,
this AGREEMENT arc governed by this AGREEMENT and following other documents incorporated by reference in the
AGREEMENTS'Terms and Conditions including Attachment"A"Scope of Work,and Attachment"B" Budget
FOR THE CONTRACTOR FOR THE DEP TMENT '
X
�re ar ' t t Director '
L I Gove t ivision
urL1�� t_
Name(please print)
Date T
Title APPROVED AS TO FORM ONLY
Date
Alan D.Copsey
Assistant Attorney General '
June 18,2007
Dale ,
Page 1 of 11 636 '
CONTRACT NO.C08-63200-420
CONTRACT TERMS &CONDITIONS
'THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF COMMUNITY,TRADE AN D
ECONOMIC DEVELOPMENT,hereinafter referred to as"CTED,"and City of Kent hereinafter referred to as the
"GRANTEE."
Whereas, CTED has the responsibility under RCW 43.330.050(5)to provide financial and technical assistance to the
communities of the state,to assist in improving the delivery of federal,state,and local programs;and to provide
communities with opportunities for productive and coordinated development beneficial to the well-being of communities
and their residents, and
WHEREAS, the CTED hasthe statutory authority under RCW 43.330.120 to offer technical and financial assistance to
cities and counties planning under the Growth Management Act,and
WHEREAS,CTED has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a
project which furthers the goals and objectives of CTED's Growth Management Services Unit in accordance with its
'mission.
THEREFORE,the parties mutually agree to the following terms and conditions:
,SCOPE OF WORK
The GRANTEE shall furnish the necessary personnel,equipment, material and/or service(s)and otherwise do all things
,necessary for or incidental to the performance of the work set forth in Attachment"A"attached hereto and incorporated
herein.
PERIOD OF PERFORMANCE
'The period of performance of this Agreement shall commence on date of execution,which will be the date of the last
signature, and be completed on 06/30/2009,except for any remaining obligations of the GRANTEE as may exist under
,Attachment"A," unless terminated sooner as provided herein. Pursuant to Scope of Work attachment"A",all
deliverables must be completed and received by CTED by the dates listed in attachment"A".
AYMENT
ompensation for the work provided in accordance with this Agreement has been established under the terms of RCW
39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed$125,000.
ayment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in
riting to a higher amount. Any such written agreement shall be attached to this Agreement and shall be considered an
amendment to this Agreement. Compensation for service(s) shall be paid according to the schedule listed in Attachment
`B"which is attached hereto and incorporated by reference.
in the event that the GRANTEE fails to expend funds under this AGREEMENT in accordance with state laws and/or the
krovrsions of this AGREEMENT,CTED reserves the right to recapture state funds in an amount equivalent to the extent
f the noncompliance. Such right of recapture shall exist for a period not to exceed six years following expiration of this
greement or its termination by either party. Repayment by the GRANTEE of funds under this recapture provision shall
tccur within 30 days of demand. In the event that CTED is required to institute legal proceedings to enforce this
capture provision, CTED shall be entitled to its costs thereof, including reasonable attorney's fees,
Page 2 of 11 636
CONTRACPNO.COW200.420 '
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books,records,documents and other evidence that sul}iciently and ,
properly reflect at I direct and indirect costs expended by either party in the performance of the service(s)described herein
These records shall be subject to inspection,review or audit by personnel of both parties, other personnel duly authorized '
by either party, the Office of the Stale Auditor, and federal officials so authorized by law All books, records, documents,
and other material relevant to this Agreement will be retained for six years after expiration or termination of the
Agreement, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have
full access and the right to examine any of these materials during this period.
INDEPENDENT CAPACITY '
The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be
employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind each of the parties. '
TERMINATION
Either party may terminate this Agreement upon 30 days'prior written notification to the other party. If this Agreement is
so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination. '
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,or if '
either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such
failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15
working days. If failure or violation is not corrected,this Agreement maybe terminated immediately by written notice of
the aggrieved party to the other.
DISPUTES ,
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following '
manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall
jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts,agreement terms
and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall '
be final and binding on the parties hereto.
Page 3 of 11 636
a CONTRACT NO.C08-63200-420
GOVERNANCE
' 'This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any
applicable federal laws. 'Ile provisions of this Agreement shall be construed to conform to those laws
In the event of an inconsistency in the terms of this Agreement,or between its terms and any applicable statute or rule, the
inconsistency shall be resolved by giving precedence in the following order-
a. Applicable state and federal statutes and rules;
b_ Scope of work;
c. Budget;
d. Any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement,and any claim arising thereunder, is not assignable or delegable by either
party in whole or in part, without the express prior written consent of the other party,which consent shall not be
unreasonably withheld.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise
of such rights and shall notconstitute a waiver of any other rights under this Agreement unless stated to be such in a
writing signed by an authorized representative of the party and attached to the original Agreement.
'SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
' invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,
if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to
this end the provisions of this Agreement are declared to be severable.
'CONTRACT MANAGEMENT
.The program manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
,The Program Manager for CTED is:
Sam Wentz
906 Columbia St. SW.
'PO Box 48350
Olympia, WA 98504-8350
samw@cted.wa.gov
t360) 725-3063
17he Program Manager for GRANTEE is:
loria Gould-Wessen
20 Fourth Avenue South
ent, Washington 98032-5895
1gould-wessen@ci.kent.wa us
2533) 856-5441
Page 4 of 11 636
CONTRACT NO.COB-63200-420 !
ALL WRITINGS CONTAINED HEREIN !
T his 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 hei eto !
The attachments to this Agreement are as follows.
ATTACHMENT A: "Scope of Work"
ATTACHMEN f B: "Budb t" !
!
!
!
!
!
!
!
!
!
!
!
i
Page 5 of 11 636
CONTRACT NO.C08-63200.420
ATTACHMENT A: Scope or Work
Grantee: Citv of Kent
' Summary: To develop land use policies,development regulations and implementation strategics within the
high capacity transit corridor of Pacific Highway South utilizing a public process that connects
with a brua&r wnununity base.
Estimated Completion Dates& Activities:
' Goals/ Description Start Date End Date
' Actions/
Deliverables
Goal 1.0 To implement a variety of computer technologies to
facilitate and enhance the community visioning process
forthe Pacific Highway Transportation Corridor Study
' Area(PHTC)strategic planning effort.
Action 1.1 Select and purchase virtual reality software and training Date of 3/29/2009
' package for Kent and Des Moines. Execution
Action 1.2 Build virtual reality platforms for use in community Date of 5/30/2008
visioning process. Execution
Action 1.3 Working with consultants,develop a webpage for Date of 6/15/2008
Midway/Pacific Ridge planning efforts and develop Execution
web-based community visioning process.
' Deliverable 1.4 Provide link and hard copy of final web page for the Date of 6/15/2008
Cities of Kent and Des Moines. Execution
Deliverable 1.5 Witte a "How to"guidebook based on the lessons 11/15/2008 6/15/2009
learned from using virtual reality software and web-
based tools for public visioning process and produce 20
' booklets.
Goal 2.0 Todevelop consistent goals, land use policies,
development regulations and implementation strategies
along the Pacific Highway Transportation Corridor
Study Area based on community input that uniquely
reflects Kent and Des Moines.
Action 2.1 Audit land use goals, policies and development Date of 6/15/2009
regulations for consistency in Kent and Des Moines. Execution
Action 2.2 Inventory environmental conditions,utility service and Date of 6/15/2009
availability, existing buainessea, end land use capacity Execution
for Kent.
Deliverable 2.3 Draft assessment report of existing conditions within Date of 12/15/2008
{Cent and Des Moines. Gxecuticn
Action 2.4 Working with a consultant, conduct community Date of 11/20/2008
visioning meetings to identify strengths, weaknesses, Execution
constraints, and opportunities for PHTC, to identify
Page 6 of 11 636
z CONTRACT NO.COS-63200420 '
Goals/ Description Start Date End Date
Actions/
Deliverables
Action 2 4 con't potential uses,and to define the form new development
might take in the area.
Action 2.5 Working with a consultant,conduct Stakeholders Date of 3/25/2008 ,
Committee meetings to identify strengths,weaknesses, Execution
constraints, and opportunities for PHTC with the goal of
identifying the preferred route and station location for
future high capacity transit through the study area and
define the form new development might take along the
preferred transit route and around station area(s). '
Action 2.6 Compile results from community and web-based 5/l/2008 11/20/2008
visioning and Stakeholders Committee efforts and report
to the public, participants,and governing bodies within
Kent and Des Moines.
Action 2.7 Develop alternatives for land uses, transit alignments, 6/15/2008 11/20/2008
and Transit Oriented Development overlay zones for
Kent and Des Moines based on public input.
Action 2.8 Planning Agencies review draft alternatives developed 6/15/2008 11/20/2008
from Stakeholders Committee and public process.
Deliverable 2.9 Draft preferred high-capacity transit route and station 6/15/2008 11/30/2008
locations for Kent and Des Moines.
Deliverable 3.0 Draft land use and development regulations that are 11/20/2009 6/15/2009 ,
consistent between Kent and Des Moines along
"zippered" border.
Deliverable 3.1 Draft subarea plan or neighborhood plan update 11/20/2008 6/15/2009 '
reflecting the input from the community, Stakeholders
Committee,and governing bodies that uniquely reflects
the City of Kent.
Deliverable 3.2 Draft subarea plan reflecting the input from the 11/20/2008 6/15/2009
community, Stakeholders Committee,and governing
bodies that uniquely reflects the City of Des Moines.
Deliverable 3.3 Draft zoning amendments that includes example design 11/20/2008 6/15/2009 '
guidelines and Transit Oriented Development overlay
options to reflect alternative land uses within the City of
Kent. '
Deliverable 3.4 Draft zoning amendments that includes example design 11/20/2008 1/15/2009
guidelines and Transit Oriented Development overlay
options to reflect alternative land uses within the City of
Des Moines
Page 7 of 11 636
1 CONTRACT NO.COS-63200420
1 Goals/ Description Start Date End Date
Actions/
Deliverables
1 Intentionally Left Blank
1
1
1
1
i
1
i
1
1
1
i
1
1
1
1
1
Page 8 of 11 636
CONTRACT NO.c,u6-0Jtuv-4tv
Status Reports Due By:
6/15/2008 '
12/15/2008 '
6/15/2009 ,
REPORTS:
A. The GRANTEE shall submit a brief progress report on a form approved by CTED which describe the '
progress made on the work program outlined in Attachment"A." Progress reports will be
submitted on a Semi-annual calendar cycle. The semi-annual progress report shall also provide
detail on the dedicated matching funds.
B. The GRANTEE shall furnish,along with or prior to submitting the final invoice voucher,two copies '
of each final product designated in Attachment"A."
Page 9 of 11 636
CONTRACT NO.COS-63200.42D
ATTACHMENT B: BUDGET
' The budget shall consist of the following elements
1. Category of Expenditure
SFY 2008 SFY 2009 Total
Salaries and Benefits $ 9,994 S 15,250 S 25,234
Goods and Supplies S 7,316 S 8,867 $ 16,193
' Professional Services $ 51,000 $ 25,283 $ 76,283
Other Goods and Services S 6,700 S 600 $ 7,300
' Total $ 75,000 S 50,000 S 125,000
2, Budget Summary
SFY 2008 SFY 2009 Total
CTED Funds S 75,000 S 50,000 S 125,000
Other Funds $ 0 $ 0 S 0
Total S 75,000 S 50,000 $ 125,000
3. Payment Disbursemert Schedule
Amount
Upon final signing of contract and before June 30,2008 S 37,500
After submission of first status report and before June 30,2008 $ 37,500
After submission of second status report and before June 30,2009 $ 25,000
' Upon completion of the contract and before June 30,2009 $ 25,000
'
Page 10 of 11 636
CONTRACT NU.LU5-O.1LUU-izv
4 Special Budget Provisions
A. For CONTRACTS over$30,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten (10)percent of the total budget. If the cumulative amount of these
transl`ers exceeds or expected to exceed ten percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTFF and
the DEPARTMENT.
B. For CONTRACTS under S30,000 the total amount of transfers of funds between line item budget
categories shall notexceed twenty (20)percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed twenty percent,the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
C. A sum often(10)percent of funds shall be withheld until all tasks,activities,and final products
defined in ATTACHMENT"A"have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
5. Reimbursement Provisions
A. Funds will be disbursed per the schedule established in Attachment "B."
B. Only eligible project-related costs will be reimbursed. Ineligible costs include,but are not necessarily
limited to: capital expenses, such as land acquisition or construction costs;purchase of machinery; ,
hosting expenses,such as meals, lodging,or transportation incurred by persons other than staff and
volunteers working directly on the project; lobbying or political influencing;and other costs which are
not directly related to the project.
C. Within twenty(20)days after receiving and approving the voucher, CTED shall remit to
the GRANTEE a warrant covering CTED's share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before 06/30/2009 must
be submitted by the GRANTEE prior 6/152009, to allow CTED sufficient time to process it.
Payment of the final voucher shall be contingent upon CTED's receipt and approval of any products or
deliverables designated in Attachment"A."
Page 11 of 11
Midway Planning Project
Mission Statement
To transform the Midway community into a sustainable urban area which enhances commercial
development and optimizes its geographic location, wide range of transportation options,
educational institutions, and views.
Project Goats
I Provide a mix of land uses that increase revenues,job opportunities, and housing choices
2. Reconcile development standards along the border between the Cities of Kent and Des
Moines to be consistent and reflect the vision for the study area.
3. Provide for public participation In the development of land use policies, development
regulations, and implementation strategies within the study area
4. Provide appropriate land uses and regulations that support Bus Rapid Transit within the
Pacific Highway corridor.
5. Identify preferred alignments for light rail and the associated station and stop locations
within Kent and Des Moines
6. Ensure design that provides a safe and inviting pedestrian environment.
�j S lPermtt'PlanICOMP_PLAN_AMENDMENTSi?OO7ICP4-200T-4MtdwavSsbmeaPlanIPEDC1031008Ji,iriloeal_ErhtbitBdo.
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Kent City Council Meeting
Date_ May 6 2008
Category Consent Calendar - 6Q
1. SUBJECT: HISTORIC PRESERVATION NOMINATION OF BEREITER HOUSE -
RESOLUTION - ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. , approving the
nomination of the Bereiter House and outbuildings for further evaluation by the
landmark designation and preservation commission.
The Bereiter House and associated carriage house are located at 855 East Smith
Street. The home is owned by the City and is operated as a historical museum by
the Greater Kent Historical Society. The Bereiter house and its outbuildings are
significant for their association with a number of Kent's prominent early families
and as an exceptionally well preserved group of early residential building types.
3. EXHIBITS: Resolution and Staff Memo
4. RECOMMENDED BY: Planning and Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes — No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION
i
RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, approving the nomination
of the 1908 Bereiter House for further evaluation
by the landmark designation and preservation
commission under Chapter 14.12 of the Kent City
Code.
' RECITALS
A. Chapter 14.12, Landmark Designation and Preservation, of the
Kent City Code (KCC) was enacted by the Kent City Council to designate,
preserve, and perpetuate those sites which reflect significant elements of the
city of Kent's cultural, ethnic, social, economic, political, architectural,
aesthetic, archaeological, engineering, historic, and other heritage. A historic
landmark designation is intended to foster civic pride in the beauty and
accomplishments of Kent's past; to stabilize and improve the economic
values and vitality of Kent's landmarks; and to protect and enhance Kent's
tourist industry by promoting heritage-related tourism. This Chapter
provides that a nomination may only proceed through the nomination
process with the Landmark and Heritage Commission if it first receives
approval from the Kent City Council. KCC 14.12.080.
B. The 1908 Bereiter House located at 855 East Smith Street has
been nominated for designation as a historic landmark under Chapter 14.12.
KCC. The owner of the Bereiter House, the City of Kent, is supportive of this
historic landmark nomination, and has asked that the nomination be allowed
to proceed through the procedures established by Chapter 14.12 KCC.
i Historic Landmark
Nomination Approval
Bereiter House
C. The Bereiter House and its outbuildings are significant as an
exceptionally well preserved group of early residential building types in the
City of Kent. They are also significant for their association with a number of
Kent's prominent early families, among them a mayor, pharmacist and a
Japanese produce dealer. The home is an excellent example of a turn of the
century, Colonial Revival, large family home often called a "classic box" style
which displays finely crafted details. The City of Kent purchased the property
in 1996 for use as an historical museum, to be operated by the Greater Kent
Historical Society, a nonprofit corporation. Since 1996, the Bereiter House
property has been integral to supporting the Museum's mission of
interpreting and enhancing Kent's history.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated and fully made a part of this resolution
SECTION 2. - Approval of Landmark Designation Nomination. The Kent
City Council, per KCC 14.12.080, approves the nomination of the Bereiter
House located at 855 East Smith Street, for further processing by the
Landmark and Heritage Commission. +�
SECTION 3. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington, this day of 2008.
2 Historic Landmark
Nomination Approval
Bereiter House
' CONCURRED in by the Mayor of the City of Kent this day of
2008.
r
SUZETTE COOKE, MAYOR
ATTEST:
C �
BRENDA JACOBER, CITY CLERK
i
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
` I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of , 2008.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\HistoncPreservationApprovalOfNomination-SereiterHouse doc
I
3 Historic Landmark
Nomination Approval
Bereiter House
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
KENT PLANNING SERVICES
Charlene Anderson, AICP, Manager
WASHINGTON
I Phone: 253-856-5454
Fax, 253-856-6454
Address: 220 Fourth Avenue S.
IKent, WA 98032-5895
April 14, 2008
rTo: Chair Elizabeth Albertson and Planning & Economic Development
Committee Members
I From: Lydia Moorehead, Planner
Subject: Historic Preservation
C MOTION: I move to recommend/not recommend approval of the
nomination of the Bereiter House as a historic landmark and authorize
the King County Historic Preservation Officer to process the nomination
e application pursuant to the Interlocal Agreement for Landmark Services.
` SUMMARY: In September 2006 the City Council adopted Ordinance 3809 which
F provides a process for the nomination and designation of historic resources through
an interlocal agreement with King County. The Kent Historical Society has
nominated the Bereiter House for designation as a historic landmark; this is the
second nomination under the new ordinance. Pursuant to Ordinance 3809, no
historic resource may proceed through the nomination procedure until the Kent City
Council has approved the historic resource for nomination.
BUDGET IMPACTS: $600 - Nomination application and processing fees.
BACKGROUND: In April 2006, in response to citizen comment, the Planning and
Economic Development Committee looked at various historic preservation programs
and recommended that the City Council adopt a historic preservation ordinance
which would be administered by King County through an interlocal agreement. In
September of 2006 the City Council adopted Ordinance 3809, which sets up a
process for the designation of historic resources within the City of Kent. Since that
time, the interlocal agreement has been finalized and Planning Services has
received several inquiries regarding possible nominations. In March, Council
approved the first nomination application under the new ordinance for Herbert
Bayer's Mill Creek Canyon Earthworks.
Located at 855 East Smith Street, the Bereiter House and its outbuildings are
significant as an exceptionally well preserved group of early residential building
types in the City of Kent. They are also significant for their association with a
I
number of Kent's prominent early families, among them a mayor, pharmacist and
Japanese produce dealer.
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Bereiter House 2008
Emil William Bereiter, owner and operator of the Kent Lumber Mill, was a
prosperous businessman, building the Bereiter Block on First Avenue and eventually
becoming Mayor of Kent, a position he held from 1912 to 1914. He was a member
of both the Masons and Elks Lodge and established the Covington Lumber Mill on
East Hill near the junction of the Jenkins and Soos Creeks. Bereiter built the home 4
in 1908 which was originally located on 3.5 acres with a gazebo, carriage house,
orchard and pastures. He died in 1914 at the age of 41, leaving his wife and two
sons, Stewart and Donald who later relocated to Edmonds.
The home is an excellent example of a turn of the century, Colonial Revival, large
family home often called a "classic box" style which displays finely crafted details.
The house is adorned with elaborate roof brackets, oriel windows at each corner of
the second floor, double hung windows with leaded glass in the upper sash, a wide
entrance porch extending from the southeast corner to the center of the west
facade and sets of Doric columns supporting the porch roof. The main entry
includes a carved door with two flush sidelights located in the center of the south
fagade.
PEDC Meeting
April 14, 2008
Historic Preservation
Page 2of4
I
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The carriage house, located behind the home to the northeast, has a gable roof
with exposed rafters and a dormer on the south side.
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Carnage House
Other notable owners of the Bereiter House include Ernst K. Saito, who purchased
the property in January 1938. Saito owned the White River Packing Company,
which was a major source for packing and shipping Kent Valley lettuce across the
country. Orland R. (Pop) Woods, a druggist by trade, bought the house in March
1945. Woods operated the Wood's Drug Store on the corner of Meeker and Central
Avenue for 21 years.
PEDC Meeting
April 14, 2008
Historic Preservation
Page 3 of 4
The City of Kent purchased the property in 1996 for use as a historical museum,
operated by the Greater Kent Historical Society, a nonprofit corporation. Since
1996, the Bereiter House property has been used to support the Museum's mission
of interpreting and sharing Kent's history.
Of primary interest to the Kent Historical Society are new avenues of funding that
would become available with historic designation. This funding could be used for
restoring and maintaining the property, most notably the carriage house which Is in
need of repair and restoration.
RECOMMENDATION: Staff recommends approval of the nomination of The
Bereiter House.
LM\pm S \Permttwlan\PEDC\2008\5taff Reports\04-14-08 PEDC Historc Preservation Memo doc
Eric Attach A-Ordinance 3809, Attach B-Interlocal Agreement; Attach C- Statement of Significance for Bereiter
House Landmark Nomination; Attach D- Draft Resolution
cc: Charlene Anderson, AICP, Planning Manager
Fred N Satterstrom, AICP, CD Director
Historic Preservation File
PEDC Meeting
April 14, 20D8
Historic Preservation
Page 4 of 4
I
Statement of Significance for Bereiter House
Landmark Nomination
3/31/08
The 1908 Bereiter House and its outbuildings are significant as an exceptionally well-
preserved group of early residential building types located in the city of Kent. They are
also significant for their association with a number of Kent's prominent early families.
Seven different families have lived in the house, among them a mayor,pharmacist, and a
Japanese produce dealer. The house is currently home to the Greater Kent Historical
Museum. The dwelling was built for approximately$10,000 by Emil W. Bereiter, owner
of the Covington Lumber Mill,on nearly four acres of land with a gazebo,carriage bam,
orchard, and pastures.
rEnid William Bereiter was born in Plymouth, Wisconsin in 1873. By 1900 he had
relocated to Kent Washington where he owned and operated the Kent Lumber Mill. That
same year he married Elizabeth(Bessie) Stewart of Kent. In 1902 he established the
Covington Lumber Mill on East Hill near the junction of Jenkins and Soos Creeks.
Bereiter was a prosperous businessman,building the Bereiter Block on First Avenue, and
eventually becoming Mayor of Kent, a position he held from 1912 to 1914. He was a
member of both the Masons and the Elks Lodge. Unfortunately,his health failed, and in
December, 1914 he died at age 41,leaving his wife and two sons, Stewart and Donald.
In 1915, the Seattle National Bank took over ownership of the house, and the Bereiter
family moved to Edmonds,Washington.
Ernst K. Saito purchased the property on January 28, 1938 in the name of his
I stepdaughter, Thelma Veula Saito. The house became hers on her 18'h birthday when
Mayor Grant Dunbar approved Kent City Ordinance#698. Saito was an immigrant from
Japan and under the Asian Exclusion Act of 1928 was prohibited from owning land in the
United States. He and his wife,Augusta Saito,a white American, also had a son of their
own,Ray. Saito owned the White River Packing Company, which was a major source
for packing and shipping Kent Valley lettuce across the country. During World War 11
people of Japanese ancestry were detained and sent to internment camps, As he had
traveled often to Japan before the war, Saito was suspected of espionage by the FBI.
While he was interned and interrogated,nothing was ever proved against him and he
was exonerated in 1946. During this period, Thelma married a Lt. Reed of the
U.S.Army, and moved out of the house. Other members of the Saito family had also left
Kent and moved to Seattle.
Orland R. (Pop)Woods bought the house in March, 1945. A druggist by trade, Woods
had a large family and was active in the community. He operated Wood's Drug Store on
' the comer of Meeker and Central Avenue for 21 years. Originally from Iowa,Woods
moved to Seattle in 1903 and then left for San Francisco. He was there during the Great
Earthquake of 1906, and helped to fight the devastating fires downtown. Shortly
thereafter he returned to Seattle where he worked for the next 30 years. In 1941 Woods
decided to look for his own store and took over a lease on the former Rintala Drug Store
1
i
ORDINANCE NO. -3
AN ORDINANCE of the city council of the city of
Kent, Washington, adding a new chapter 14.12 to the
Kent City Code entitled "Landmark Designation and
Preservation."
I
RECITALS
A. The protection, enhancement, perpetuation, and use of buildings,
sites, districts, structures, and ob3ects of historical, cultural, architectural,
engineering, geographic, ethnic and archaeological significance located in Kent is
necessary in the interest of the prosperity, civic pride, and general welfare of the
people of Kent.
B. The present preservation programs and activities are Inadequate to
ensure maintenance or enhancement of such resources or to prevent the
unnecessary destruction or defacement of such resources.
C. After a public hearing on August 21, 2006, the Planning Committee
recommended adding a new chapter 14.12 to the Kent City Code entitled
`Landmark Designation and Preservation."
D. On September 5, 2006, the city council approved the addition of
the new Landmark Designation and Preservation chapter to the Kent City Code. 1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
I1 Ch. 14.12 KCC — Landmark
Designation and Preservation
ORDINANCE
SECTION 1. — Adoption. A new chapter 14.12, entitled "Landmark
Designation and Preservation" is hereby created and added to the Kent City Code
to read as follows:
CHAPTER 14.12
LANDMARK DESIGNATION AND PRESERVATION
Sec. 14.12.010. Purpose. The purpose of this chapter is to designate,
reserve, protect, enhance, and perpetuate those sites, buildings, districts,
P P
structures and objects which reflect significant elements of the city of Kent's
cultural, ethnic, social, economic, political, architectural, aesthetic, archeological,
engineering, historic and other heritage; to foster civic pride in the beauty and
I' accomplishments of the past; to stabilize and improve the economic values and
vitality of land marks; to protect and enhance the city of Kent tourist industry by
promoting heritage related tourism; to promote, assist, encourage, and provide
incentives to public and private owners to preserve, restore, rehabilitate, and use
landmark buildings, sites, districts, structures, and objects to serve the purposes
of this chapter; and to provide the framework for the implementation of an
interlocal agreement between King County and the city of Kent relating to
landmark designation and protection services.
Sec. 14.12.020. Landmarks Commission Authorized.
A. Landmarks Commission. The King County Landmarks & Heritage
Commission, established pursuant to Chapter 20.62 of the King County Code, is
hereby designated and empowered to act as the Landmarks Commission for the
city of Kent pursuant to the provisions of this chapter.
B. Public Hearings - Rules and Regulations. The Landmarks Commission
shall not conduct any public hearings required by this chapter with respect to
properties located within the city of Kent until its rules and regulations, including
procedures consistent with this chapter, have been filed with the city clerk.
2 Ch. 14.12 KCC — Landmark
Designation and Preservation
C. Special Member Apporntment. The mayor shall, subject to confirmation
by the city council, appoint one (1) individual to act as a special member of the
King County Landmarks and Heritage Commission as provided for to King County
Code section 20.62.030. The special member shall have a demonstrated interest
and competence in historic preservation. The special member shall be appointed
for a three (3) year term. Each special member shall serve until his or her
' successor is duly appointed and confirmed. In the event of a vacancy, an
appointment shall be made to fill the vacancy in the same manner and with the
same qualifications as if such appointment were made at the beginning of the
term, and the person appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term. A special member may be reappointed but may
not serve more than two (2) consecutive three (3) year terms. A special member
shall be deemed to have served one full term if that special member resigns at
any time after appointment or if that special member serves more than two (2)
years of an unexpired term. Special members shall serve without compensation
Iexcept for out of pocket expenses incurred in connection with commission
meetings or programs. The city of Kent shall reimburse such expenses incurred
by the special member.
I Sec. 14.12.030. Definitions. The city council adopts by reference the
definitions contained in King County Code section 20.62.020, except as provided
below:
rA. "Council" is the Kent City Council.
B. "Manager" shall be read to be the city Chief Administrative Officer.
` Sec. 14.12.040. Designation Criteria. The designation criteria for
!i landmarks as contained in King County Code section 20.62.040 is hereby
adopted by reference for the designation criteria of landmarks within the city of
Kent.
Sec. 14.12.050. Designation Procedure. The designation procedure
for landmarks as contained in King County Code section 20.62.070 is hereby
3 Ch. 14.12 KCC — Landmark
Designation and Preservation
adopted by reference for the designation procedure of landmarks within the city
of Kent.
Sec, 14.12.060. Certificate of Appropriateness Procedure. The
certificate of appropriateness procedure for landmarks as contained in King
County Code section 20,62.080 is hereby adopted by reference for the city of
Kent, except for the last sentence of King County Code section 20.62.080(a).
Sec. 14.12.070. Adoption by Reference. The following sections in
Chapter 20.62 of the King County Code are adopted by this reference:
A. Nomination Procedure. King County Code section 20.62.050.
B. Evaluation of Economic Impact. King County Code section 20.62.100.
C. Penalty for Violation. King County Code section 20.62.130.
D. Special Valuation for Historic Properties. King County Code section
20.62.140.
Sec. 14.12.080. Nomination Approval. No historic resource may
proceed through the nomination procedure of King County Code section
20.62,050 until such time as the Kent City Council has approved the historic
resource for nomination. A minimum of four (4) council members must vote in
favor in order that the resource be eligible for nomination. Said approval by the
council is a condition precedent to any nomination procedure.
Sec. 14.12.090. Appeal Procedure.
A. A party of record aggrieved by a decision of the commission designating
or rejecting a nomination for designation of a landmark, or issuing or denying a
certificate of appropriateness may, within fourteen (14) calendar days of mailing
of notice of such decision, appeal such decision in writing to the hearing
examiner. The written notice of appeal shall be filed with the historic
preservation officer and the city clerk. The written notice of appeal shall be
4 Ch. 14.12 KCC — Landmark
Designation and Preservation
accompanied by a statement that includes the items required in section
12.01.195(E) for similar closed record appeals.
i B. The appeal to the hearing examiner shall be a "closed record appeal," as
that term is used in Chapter 12.01 Kent City Code.
C. If after the closed record appeal hearing, the hearing examiner
determines:
1. An error in fact was made by the commission, the hearing
examiner shall remand the proceeding to the commission for reconsideration; or
2. The decision of the commission is based on an error in 3udgment or
conclusion, the hearing examiner may modify or reverse the decision of the
commission.
D. The hearing examiner's final decision shall include findings of fact and
conclusions from the record which support the decision. The hearing examiner
may adopt all or portions of the commission's findings and conclusions.
E. The decision of the hearing examiner shall be final unless within twenty-
one (21) calendar days from the date of issuance of the decision an appeal is
filed in King County Superior Court.
SECTION 2. - 5everability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30 )days from and after its passage provided by law.
z
: - SU E OOKE, MAYOR
s
or
j 5 Ch. 14.12 KCC - Landmark
Designation and Preservation
ATTEST:
BRENDA JACOBER, CITY CLE4 K
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of h,J1006.
APPROVED: cy� day of L ?r►t�etr/ , 2006.
PUBLISHED: ! day of 2006.
I hereby certify that this is a true copy of Ordinance No. J�y9
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, CLERK
.w.no.em,^uu,..m.ixn..p,wen.�.ew^ax .• '., I'
Ch^ 14.12 KCC — Landmark
Designation and Preservation
Attachment A
15908
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES
jAN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO
LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the "County," and
the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to
as the "City."
WHEREAS, the City is incorporated; and
WHEREASr local governmental authority and jurisdiction with respect to the
designation and protection of landmarks within the city limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, structures,
districts, sites, objects, and archaeological sites within the city for the benefit of present and
future generations; and
WHEREAS, the County is able to provide landmark designation and protection
services for the City; and
WHEREAS, the City has elected to contract with the County to provide such services;
and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient landmark designation and protection; and
WHEREAS, pursuant to Chapter 39.34 FtCW., the Interlocal Cooperation Act, the
parties are each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
' 1. Services. At the request of the City, the County shall provide landmark designation
and protection services within the City limits using the criteria and procedures adopted in
King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62.
2. Citv's Responsibilities.
A. Adopt an ordinance establishing regulations and procedures for the
designation of historic buildings, structures, objects, districts, sites, objects, and
archaeological sites as landmarks and for the protection of landmarks. Regulations and
procedures shall be substantially the same as the regulations and procedures set forth in
' K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks
Commission, with the addition of a special member, acting as the City of Kent Landmarks
Commission (Commission) shall have the authority to designate and protect landmarks
within the City limits in accordance with the City ordinance. The ordinance shall include:
1) Provision for the appointment of a special member to the King County
Landmarks Commission as provided by K.C.C. 20.62.030.
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6 '
(Between the City of Kent and King County) (January 25, 2007)
Attachment A
15908
2) A provision that appeals of decisions of the Commission pertaining to real
property within the City limits shall be taken to the hearing examiner.
3) A provision for penalties for violation of the certificate of appropriateness
procedures (K.C.C. Chapter 20.62.080).
4) A provision that the official responsible for the issuance of building and
related permits shall promptly refer applications for permits which affect historic buildings,
structures, objects, sites, districts, or archaeological sites to the King County Historic
Preservation Officer (HPO) for review and comment. The responsible official shall seek and
take into consideration the comments of the HPO regarding mitigation of any adverse effects
affecting historic buildings, structures, objects, sites or districts.
B. Appoint a Special Member to the King County Landmarks Commission in
accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 such
Special Member shall be a voting member of the Commission on all matters relating to or
affecting landmarks within the City, except review of applications to the Special Valuation
Tax Program, and the Current Use Taxation Program.
C. Except as to Section 5, the services provided by the County pursuant to this
agreement do not include legal services.
3. County Responsibilities.
A. Process all landmark nomination applications and conduct planning, training,
and public information tasks necessary to support landmarking activities in the city. Such
tasks shall be defined by mutual agreement of both parties on an annual basis.
B. Review and decide all Certificate of Appropriateness applications to alter,
demolish, or move any significant feature of a landmark property within the City limits.
C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986
Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of
historic properties within the city limits.
D. Review and approve all applications to the King County Landmark Loan 1
Program.
E. Review and comment on applications for permits which affect historic
buildings, structures, objects, sites, districts, and archaeological sites. Forward comments
to the City official responsible for the issuance of building and related permits
4. Compensation.
A. Costs. The City shall reimburse the County fully for all costs incurred in
providing services under this agreement, including overhead and indirect administrative
costs. Costs charged to the City may be reduced by special appropriations, grants, or other
supplemental funds, by mutual agreement of both parties. The rate of reimbursement to
the County for labor costs shall be revised annually.
B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect
actual costs plus the annual administrative overhead rate. Payments are due within 30 days
of receipt by the City of the County`s invoice.
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6
(Between the City of Kent and King County) (January 25, 2007)
Attachment A
15908
5. indemnification.
A. The County shall indemnify and hold harmless the City and its officers, agents
and employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any negligent
act or omission of the County, its officers, agents, and employees, or any of them, in
providing services pursuant to this agreement. In the event that any suit based upon such
' a claim, action, loss, or damage is brought against the City, the County shall defend the
same at its sole cost and expense; provided, that the City retains the right to participate in
said suit if any principle of governmental or public law is involved; and if final judgment be
rendered against the City and its officers, agents, employees, or any of them, or jointly
against the City and the County and their respective officers, agents and employees, or any
of them, the County shall satisfy the same.
B. In executing this agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility which
arises in whole or in part from the existence or effect of City ordinances, rules or
regulations, polices or procedures. If any cause, claim, suit, actions or administrative
1 proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or
regulation is at issue, the City shall defend the same at its sole expense and if judgment is
entered or damages are awarded against the City, the County, or both, the City shall satisfy
the same, including all chargeable costs and attorneys' fees.
C. The City shall indemnify and hold harmless the County and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of them. In
the event that any suit based upon such a claim, action, loss or damage is brought against
the County, the City shall defend the same at its sole cost and expense; provided that the
County retains the right to participate in said suit if any principle of governmental or public
laws is involved; and if final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions,
suits, liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers and the County, its
I agents, employees, and/or officers, this Article shall be valid and enforceable only to the
extent of the negligence of each party, its agents, employees and/or officers.
6. Duration. This agreement is effective beginning upon execution, and shall remain in
effect until terminated by either party.
7. Termination. Either party may terminate this agreement by forty-five (45) days
' written notice from one party to the other.
8. Administration. This agreement shall be administered for the County by the Director
of the Office of Business Relations and Economic Development, or the director's designee,
and for the City by the Planning Manager or the manager's designee.
9. Amendments. This Agreement may be amended at any time by written, mutual
Iagreement of the parties.
IINTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 3 of 6
(Between the City of Kent and King County) (January 25, 2007)
Attachment A
15908
IN WITNESS WHEREOF, the parties have executed this Agreement on the last day
signed below.
CITY OF KENT '(�plrlce eve}, 1oS�C�� �� 1�n'c �a1� �tS� avin•ty«\lvj
By:
Prin me:J 5Uze
Its:
Date p�
APPROVED AS TO FORM:
Ke t Law Department
KING COUNTY
By.
King County Executive
APPROVED AS TO FORM:
I
By:
King County Prosecutor
P:\avlr\Flles\OpenFUe NO126-2006\Hlstorld- ndmork-ItA-KCd"
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6
(Between the City of Kent and King County) (January 25, 2007)
' Interlocal Contract for Historic Preservation Services
Addendum A: King County Labor Costs
The following hourly rates for County-provided historic preservation services apply for 2007.
The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate
plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick
leave and holidays and thus reflects actual working hours.
Historic Preservation Officer: $76.25 per hour
Preservation Planner: $70.77 per hour
Landmarks Coordinator: $59.77 per hour
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INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 5 of 6
(Between the City of Kent and King County) (January 25, 2007)
1 .
Addendum B: City of Kent Expenditure Maximum
During the calendar year 2007, total reimbursable costs billable to the City for historic
preservation services provided by the County under this interlocal agreement shall not
exceed $5,000,00.
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INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6
(Between the City of Kent and King County) (January 25, 2007)
t EXHIBIT 2�-
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES
IAN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO
LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the "County," and
the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to
as the "City."
WHEREAS, the City is incorporated; and
WHEREAS, local governmental authority and jurisdiction with respect to the
designation and protection of landmarks within the city limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, structures,
districts, sites, objects, and archaeological sites within the city for the benefit of present and
future generations; and
tWHEREAS, the County is able to provide landmark designation and protection
services for the City; and
WHEREAS, the City has elected to contract with the County to provide such services;
and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient landmark designation and protection; and
WHEREAS, pursuant to Chapter 39.34 RCW., the Interlocal Cooperation Act, the
parties are each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
1. Services. At the request of the City, the County shall provide landmark designation
and protection services within the City limits using the criteria and procedures adopted in
King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62.
2. City's Responsibilities.
A. Adopt an ordinance establishing regulations and procedures for the
designation of historic buildings, structures, objects, districts, sites, objects, and
archaeological sites as landmarks and for the protection of landmarks. Regulations and
procedures shall be substantially the same as the regulations and procedures set forth in
K.0 C. Chapter 20.62. The ordinance shall provide that the King County Landmarks
Commission, with the addition of a special member, acting as the City of Kent Landmarks
Commission (Commission) shall have the authority to designate and protect landmarks
within the City limits in accordance with the City ordinance. The ordinance shall include:
1) Provision for the appointment of a special member to the King County
ILandmarks Commission as provided by K.C.C. 20.62,030.
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6
(Between the City of Kent and King County) (January 25,2007)
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2) A provision that appeals of decisions of the Commission pertaining to real
property within the City limits shall be taken to the hearing examiner.
3) A provision for penalties for violation of the certificate of appropriateness '
procedures (K.C.C. Chapter 20.62.080).
4) A provision that the official responsible for the issuance of building and
related permits shall promptly refer applications for permits which affect historic buildings,
structures, objects, sites, districts, or archaeological sites to the King County Historic
Preservation Officer (HPO) for review and comment. The responsible official shall seek and
take into consideration the comments of the HPO regarding mitigation of any adverse effects
affecting historic buildings, structures, objects, sites or districts.
B. Appoint a Special Member to the King County Landmarks Commission in
accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20 62 such
Special Member shall be a voting member of the Commission on all matters relating to or
affecting landmarks within the City, except review of applications to the Special Valuation
Tax Program, and the Current Use Taxation Program.
C. Except as to Section 5, the services provided by the County pursuant to this
agreement do not include legal services.
3. County Responsibilities.
A. Process all landmark nomination applications and conduct planning, training,
and public information tasks necessary to support landmarking activities in the city. Such
tasks shall be defined by mutual agreement of both parties on an annual basis.
B. Review and decide all Certificate of Appropriateness applications to alter,
demolish, or move any significant feature of a landmark property within the City limits.
C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986
Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of
historic properties within the city limits.
D. Review and approve all applications to the King County Landmark Loan
Program.
E. Review and comment on applications for permits which affect historic
buildings, structures, objects, sites, districts, and archaeological sites. Forward comments
to the City official responsible for the issuance of building and related r rmits
4. Compensation.
A. Costs. The City shall reimburse the County fully for all costs incurred in
providing services under this agreement, including overhead and indirect administrative ,
costs. Costs charged to the City may be reduced by special appropriations, grants, or other
supplemental funds, by mutual agreement of both parties. The rate of reimbursement to
the County for labor costs shall be revised annually.
B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect
actual costs plus the annual administrative overhead rate. Payments are due within 30 days
of receipt by the City of the County's invoice.
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6
(Between the City of Kent and King County) (January 25, 2007)
5. Indemnification.
A. The County shall indemnify and hold harmless the City and its officers, agents
and employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any negligent
act or omission of the County, its officers, agents, and employees, or any of them, in
providing services pursuant to this agreement. In the event that any suit based upon such
a claim, action, loss, or damage is brought against the City, the County shall defend the
same at its sole cost and expense; provided, that the City retains the right to participate in
said suit if any principle of governmental or public law is involved; and if final judgment be
rendered against the City and its officers, agents, employees, or any of them, or jointly
against the City and the County and their respective officers, agents and employees, or any
of them, the County shall satisfy the same.
r B. In executing this agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility which
arises in whole or in part from the existence or effect of City ordinances, rules or
1 regulations, polices or procedures. If any cause, claim, suit, actions or administrative
proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or
regulation is at issue, the City shall defend the same at its sole expense and if judgment is
entered or damages are awarded against the City, the County, or both, the City shall satisfy
the same, Including all chargeable costs and attorneys' fees.
C. The City shall indemnify and hold harmless the County and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of them. In
the event that any suit based upon such a claim, action, loss or damage is brought against
the County, the City shall defend the same at its sole cost and expense; provided that the
County retains the right to participate in said suit if any principle of governmental or public
laws is involved; and if final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions,
suits, liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers and the County, its
agents, employees, and/or officers, this Article shall be valid and enforceable only to the
extent of the negligence of each party, its agents, employees and/or officers.
b. Duration. This agreement is effective beginning upon execution, and shall remain in
effect until ternfhated by either party.
7. Termination. Either party may terminate this agreement by forty-five (45) days
written notice from one party to the other.
S. Administration. This agreement shall be administered for the County by the Director
of the Office of Business Relations and Economic Development, or the director's designee,
and for the City by the Planning Manager or the manager's designee.
9. Amendments. This Agreement may be amended at any time by written, mutual
agreement of the parties.
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES — Page 3 of 6
(Between the City of Kent and King County) (January 25, 2007)
IN WITNESS WHEREOF, the parties_ have executed this Agreement on the last day
signed below.
CITY OF KENT
By:
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Print Nara .; Lz z e 7W G'7v
Its
Date
APPROVED AS TO FORM:
Kent Law Department _
KING COUNTY
By:
King County Executive
APPROVED AS TO FORM:
By:
King County Prosecutor
P-\C M\Files\DpenFlles\0125-2006�HistoAtlandmarfrlCA-KC.dnc
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INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6
(Between the City of Kent and King County) (January 25, 2007)
t •
' 'nterlocal Contract for Historic Preservation Services
Addendum A: King County Labor Costs
The following hourly rates for County-provided historic preservation services apply for 2007.
The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate
plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick
leave and holidays and thus reflects actual working hours.
Historic Preservation Officer: $76.25 per hour
Preservation Planner: $70.77 per hour
' Landmarks Coordinator: $59.77 per hour
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INTERLOCAL AGREEMENT FOR LANDMARK SERVICES — Page 5 of 6
(Between the City of Kent and King County) (January 25,2007)
Addendum H: City of Kent Expenditure maximum
During the calendar year 2007, total reimbursable costs billable to the City for historic
preservation services provided by the County under this interlocal agreement shall not
exceed $5,000.00.
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INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6
(Between the City of Kent and King County) (January 25,2007)
Historic Preservation Nomination (Berieter House)
Planner Lydia Moorehead stated that the Berieter House has been nominated for
consideration as a historic landmark by the Kent Historical Society.
I Ms. Moorehead gave a brief history of the Berieter House built in 1908 and located
at 855 East Smith Street originally consisted of 3.5 acres with a gazebo, carriage
house, orchard and pastures, of which only the house and carriage house remain.
' She stated that the primary interest with designation of this property is the
opportunity to receive grant funding to restore, most noticeably, the carriage house
which has fallen into disrepair.
Norm Turner, President of the Kent Historical Society, 818 Woodland Way, Kent,
WA stated that the primary focus of the Historical Museum is to recognize the
' historical significance of the house built in 1907 and occupied in 1908. He stated
that the house is preserved basically in the state as it was built and noting that this
year is the homes centennial year. In celebration of the centennial year, the
Historical Museum will be hosting an antique car show along with an ice cream
social, hotdog stand and a band, to be held on Saturday, August 9, 2008.
I Turner stated that both the house and grounds are utilized for special events and
group meetings with a limitation of no more then 20 people in the house due to fire
code regulations.
Turner stated that the museum is not completely full. However, the museum
houses thousands of pictures as well as newspapers documenting Kent's history
along with a good size inventory of items from the houses era. Turner stated that
the carriage barn is currently full but anticipate using the carriage barn as an
expedition area in the future.
ICaitlyn Wright, King County Historic Preservation stated that historic preservation is
a King County funded program. She stated that our goal is to provide services to
as many incorporated cities around King County as possible. Wright stated that by
agreeing to allow King County to operate the city program, we provide technical
services, give advice on how to treat historic properties, manage a data base of
historic properties within the city as well as provide grant opportunities for
landmark buildings in the city.
Wright stated that the Berieter House has applied for a grant through the King
County Landmark Brick and Mortar Program which is used for physical repairs and
maintenance to houses. King County has reviewed the grant application and they
are looking at granting some money to restore the interior of the carriage house.
Wright stated that this is a program for landmark properties only so that the
Grant's Commission was aware that this landmark nomination was going through
Iand they made that contingent on the landmark designation
Clark MOVED to recommend approval of the nomination of the Bereiter House as a
historic landmark and authorize the King County Historic Preservation Officer to
PEDC Minutes
April 14, 2008
Page 1 of 2
process the nomination application pursuant to the Interlocal Agreement for
Landmark Services. Harmon SECONDED the Motion which PASSED 3-0.
Chair Albertson stated that this will move to the Full Council at their May 6 meeting. ,
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PEDC-Minutes
March 10, 2008
Page 2 of 2
' Kent City Council Meeting
Date May 6, 2008
Category Consent Calendar - 6R
1 1. SUBJECT: CODE ENFORCEMENT PROCESS IMPROVEMENTS ORDINANCE -
ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , which repeals the
existing Chapter 1.04 of the Kent City Code, adopts a new Chapter 1.04 in its
place, and makes other related housekeeping changes to Chapters 13.02 and
14.08 of the Kent City Code.
At the direction of Mayor Cooke, City staff developed proposed amendments to
the Kent City Code to streamline the code enforcement process while making it
more predictable, efficient, and effective. A draft version of the code
amendments was presented to the Planning & Economic Development Committee
on March 10, 2008. At the direction of the Committee, additional revisions were
made and on April 14, 2008, the Committee recommended Council adopt the
ordinance in the form attached.
L 3. EXHIBITS: 3/4/08 Memorandum from Mayor Cooke; 2/29/08 Memorandum
from Bob Hutchinson; 4/14/08 Memorandum from Bob Hutchinson; 4/14/08 PEDC
Minutes; and Ordinance
r4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Counalmember moves, Councilmember seconds
DISCUSSION:
ACTION:
25
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone: 253-856-5700
K E N T Fax: 253-856-6700
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
March 4, 2008
To: Planning and Economic Development Committee
From: Mayor Suzette Cooke
Regarding: Code Enforcement Process Improvements
g a proposed ordinance to
meeting agenda is
On your March 10, 2008, committee g
1 replace and significantly improve Kent's code enforcement process. At my
direction, code enforcement staff in our Community Development and Law
Departments developed these proposed amendments to streamline our process
while making it more predictable, efficient, and effective.
This ordinance provides the following:
• Except in emergencies, requires the City to provide a written warning and
ten days to correct the violation.
• The City can provide more time to correct the violation if the violator is
diligently correcting the violation.
I • If the violation is not corrected in time, the City may issue a Notice of
Violation (NOV).
• The NOV allows the violator to pay a $500 fine per violation, or to request
a hearing to either contest or mitigate the violation. (In this sense, the
NOV is processed more like a traffic ticket, and moves away from a costly
and lengthy hearing examiner process that requires a hearing before
enforcing the NOV or assessing any fines).
• The ordinance establishes very clear guidelines, similar to laws developed
for processing traffic infractions, regarding the process to be followed in
the event a person requests a hearing to contest or mitigate the NOV.
• If a person wishes to mitigate the violation (admit that it has occurred but
explain the reasons it has not been corrected), the hearing examiner may
reduce the fine to as low as $100.
I • Failure to abate the violation or to commit a subsequent or repeat
violation constitutes a criminal offense.
26
Memorandum: '
March 4, 2008 ,
Page: 2
These improvements are expected to enhance our ability to protect and preserve '
the quality of our neighborhoods, while making efficient use of City resources and
providing a balanced, fair, and effective code enforcement process. I strongly urge
your consideration, support, and approval of the proposed ordinance. ,
5.1Permrt�Plan�PEDC1200815taff Xeports�03-I0-08-PEDC_Mayorhlemo-NeVyCodeEnforceProcessl.doc
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
BUILDING SERVICES
' KENT Robert D. Hutchinson, Manager
Wqg H(HUTON
Phone: 253-856-5401
Fax: 253-856-6421
' Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
February 29, 2008
To: Chair Elizabeth Albertson and Planning & Economic Development
Committee Members
From: Bob Hutchinson, Building Official
Through: Mayor Suzette Cooke
' Subject: Code Enforcement Process Improvements
For Meeting of March 10, 2008
MOTION: Recommending 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.
SUMMARY: This proposed ordinance will significantly change the City's civil code
L enforcement process by repealing the existing Kent City Code Chapter 1.04,
adopting a new Chapter 1.04 in its place, and making minor revisions to Chapters
13.02 and 14.08. The major changes to Chapter 1.04 are:
• Except for emergencies and repeat violators, a written Correction Notice is
required to be given prior to issuance of a Notice of Violation. The
Correction Notice shall contain specific information relating to penalties and
give a deadline for voluntary correction to be completed.
• If a violator ignores the Correction Notice and a Notice of Violation is issued,
monetary penalties are automatically incurred by violators.
' • Penalties are a set amount of $500 Only the Hearing Examiner may
mitigate the amount, and then to not less than $100 per violation.
• Unlike the current system, hearings by the Hearing Examiner only occur
when an appeal is filed contesting the Notice of Violation or requesting
mitigation of the monetary penalties.
Other changes are primarily to simplify, clarify, coordinate and streamline
requirements, service of notices, processes and procedures in support of these
major changes.
It is expected that these changes will:
• Provide greater certainty, predictability, and significance of penalties for
code violators who do not correct their violations and those who are repeat
' violators.
• Provide clearer, simpler, process steps and procedural requirements.
• Increase the efficiency and effectiveness of code enforcement staff and
' resources.
BUDGET IMPACT:No negative budget impact is expected.
' S.1Perm It PWIITDC12001115taK Reports403-10-08-PEDC CodeEnforcemeOlOrd Memo_Final doc
' 51
' COMMUNITY DEVELOPMENT
Fred N, Satterstrom, AICP, Director
BUILDING SERVICES
KENT Robert D. Hutchinson, Manager
WASHINOTON Phone: 253-856-5401
Fax: 253-856-6421
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 14, 2008
To: Planning and Economic Development Committee
From: Bob Hutchinson, Building Official
Through: Suzette Cooke, Mayor
Regarding: Code Enforcement Process Improvements - Ordinance
MOTION: Recommend Council adopt the proposed ordinance which
repeals the existing Chapter 1.04 of the Kent City Code, adopts a new
Chapter 1.04 in its place, and makes other related housekeeping changes
to Chapters 13.02 and 14.08 of the Kent City Code.
SUMMARY:
This proposed ordinance will significantly change the City's civil code enforcement
process by repealing the existing Kent City Code Chapter 1.04, adopting a new
Chapter 1.04 in its place, and making minor revisions to Chapters 13.02 and 14.08.
i This proposed ordinance was previously considered by the committee at its March
10, 2008, meeting and the cover memo from that meeting is included in your
packet. Since then, however, some minor wording changes have been made to the
ordinance. Therefore, the ordinance is being re-submitted to the committee at this
time for its review.
' The new changes are:
Page 20: Changed timeframe for issuance of a hearing examiner decision
to ten days to conform with statute.
• Page 20: Added requirement of warning of possible additional penalties for
continued non-compliance, thereby avoiding argument of lack of notice.
• Page 22: Changed "at the conclusion of the presentation of the parties" to
"at the conclusion of the hearing," to clarify when the hearing examiner
shall enter an order.
• Page 22: Added the phrase, "findings and conclusions based on the record"
to track the language used in statute.
• Page 23: Changed timeframe for issuance of a hearing examiner decision
to ten days to conform with statute.
BUDGET IMPACT: No negative budget impact is expected.
Code Enforcement Process Imurovements - Ordinance
' Community Development Director Fred Satterstrom stated that this item is being
brought back to the PEDC with some minor housekeeping changes.
' Asst City Attorney, Tom Guilfoil, described language changes suggested by the
Hearing Examiner that would make some of the language follow other statutes and
laws more precisely. He stated that if a violation was challenged or appealed, or
went to court; judges are more comfortable if language is as consistent as possible.
Guilfoil referenced staff's memorandum in noting the proposed language changes
Guillfoil stated that the current code enforcement process is slow and cumbersome,
requiring that every Notice of Violation (NOV) be reviewed by the Hearing Examiner
who determines if a violation exists, even minor violations such as junk vehicles in
yards.
Guilfoil stated that in reviewing the current process, staff has proposed to
streamline the process by making it more akin to a traffic violation whereby you
have the right to contest the violation, but the city is not required to go before the
Hearing Examiner on every single violation if a person chooses not to contest it.
Guilfoil stated that code enforcement staff will initially work with folks to give them
time to resolve suspected violations, rather than immediately issue a NOV. He
stated that if those folks are not responsive, a violation is issued; requiring the
violation to be corrected and the fine to be paid.
Guilfoil responded to Harmon's inquiry with respect to timelines indicating the use
of calendar days versus business days by stating that the default rule in this
proposed ordinance is calendar days, but a few sections specifically state business
days because we are required to.
Guilfoil responded to Harmon's inquiry about the methods used to notify people of
violations. He stated that mailing notices out via certified mail is counterintuitive,
in that a person trying to avoid receiving notice will often refuse to sign the certified
mail receipt, which can create a possible barrier when going before the Hearing
Examiner or to Court because you don't have that signed return receipt Guilfoil
stated that to avoid this problem, staff has removed the certified mail requirement
and is using US Mail, adding requirements to determine a best address; using the
Department of Licensing or Tax Receipt addresses.
1 In response to Harmon, Satterstrom stated that staff could complete affidavit of
mailing as a means to demonstrate to the Hearing Examiner that a notice of
violation was sent.
Guilfoil clarified that staff will continue to make personal contact in attempts to
' obtain compliance and in many cases personally hand a violation notice out In
those circumstances where they can not hand deliver the violation, they will be
mailed.
PEDC Minutes
' April 14, 2008
Page 1 of 2
Swanberg explained that the intent of this new ordinance is to help speed up the '
process of obtaining compliance, first by attempting voluntary compliance, then by
being given the authority to immediately issue a citation, that the violator can ,
appeal and if they fail to do so, code enforcement may continue to pursue
compliance. Swanberg described the current process which includes the issuance
of an admonishment letter, followed by personal contact, Notice of Violation letter, ,
then on to the Hearing Examiner for determination of violation with the possibility
of fines to be issued. Swanberg stated that affidavits of mailing are completed on
any letter sent out; the letters are entered into our KIVA System as a tracking tool. '
Harmon MOVED to recommend Council adopt the proposed ordinance which repeals
the existing Chapter 1.04 of the Kent City Code, and adopts a new Chapter 1.04 in '
its place, and makes other related housekeeping changes to the Chapters in 13.02
and 14.08 of the Kent City Code. Albertson SECONDED the Motion. Motion
PASSED 3-0.
Albertson stated that this item will be moved on to Council under Consent. She
asked that staff bring this item back to the Committee in six months with updates.
Adiournment
Chair Albertson adjourned the meeting at 5:55 p.m.
Pamela Mottram ,
Planning Services/PEDC Secretary
S\Permit\Plan\PEDC\2008\Minutes\031008_PEDCmin doc ,
PEDC-Minutes
March 10, 2008
Page 2 of 2
t
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 1 of the
' Kent City Code to repeal the existing Chapter 1.04,
entitled "Code Enforcement," and adopting a new
Chapter 1.04 in its place, and making revisions to
' Chapters 13.02, 14.08, and 14.09 to ensure those
chapters are consistent with the new Chapter 1.04.
RECITALS
A. The ability to effectively and consistently enforce the
regulations of the Kent City Code will directly improve the quality of life for
the residents of Kent's community. The proposed changes to Chapter 1.04
of the Kent City code will simplify the code enforcement process and create
consistent monetary penalties for violators.
' B. The Kent City Code currently requires that every Notice of
Violation be reviewed at a hearing in front of the City's Hearing Examiner
before the City can impose penalties. This greatly slows the process of
gaining correction. Under the new procedures set forth in this ordinance, a
violator shall owe a monetary penalty and be required to correct the
violation at the time a Notice of Violation is issued. The city's Hearing
Examiner shall only be involved where the violator requests a hearing to
' contest the violation or to mitigate the penalty amount.
1 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
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C. Even when a violation is found committed under the current
system, there is no consistency in the amount of the penalty imposed, with ,
many violators receiving no monetary penalty at all. The new procedures
will create a standard penalty of $500 and a minimum mandatory penalty ,
of $100 if, at a hearing, mitigation of the penalty is requested and granted.
D. Although the proposed changes streamline the process,
alleged violators will retain all due process rights under state and federal '
law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repealer. The existing Chapter 1.04 of the Kent City
Code, entitled 'Code Enforcement," is repealed in its entirety. '
SECTION 2. - Adoption. Title 1 of the Kent City Code is amended to ,
add a new chapter 1.04, entitled "Code Enforcement," as follows:
CHAPTER 1.04 ,
CODE ENFORCEMENT
Sec. 1.04.010. Purpose. The purpose of this chapter is to
establish an efficient system of enforcing city regulations that will enable
violations to be promptly resolved wherever possible, while providing both
appropriate penalties and a full opportunity for alleged violators to have a '
hearing to contest the violations. This chapter shall apply to all regulations
as defined in KCC 1.04.020; provided, that a violation of any regulation of
the Kent City Code may be prosecuted as a criminal violation at the city's
discretion, pursuant to KCC 1.01.140. ,
2 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
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Sec. 1.04.020. Definitions. As used in this chapter, the following
words, terms, and phrases shall have the meanings ascribed to them in this
section, unless a different meaning is plainly required:
A. Abate means to act to stop an activity, and/or to repair, replace,
' remove, or otherwise remedy a condition, where such activity or condition
constitutes a violation of a regulation; provided, the actions must resolve
' the violation to the satisfaction of the city, or the hearing examiner if the
matter has been mitigated or contested and found committed, and the
' actions taken and the manner in which they are performed must not
endanger the general health, safety, and welfare of the community. For
' the purposes of this chapter, the verbs "abate" and "correct" shall be
interchangeable and have the same meaning.
' B. Act means doing or performing something.
C. City means city of Kent, Washington.
D. Code enforcement officer means any person or persons authorized
by statute, ordinance, regulation, written city policy, or interlocal
agreement, or designated by the mayor or his or her designee, to enforce
' any of the regulations subject to the enforcement and penalty provisions of
this chapter, and shall expressly include the city's code enforcement
officers; the city attorney, or his or her designee; the chief of the Kent
Police Department, or his or her designee; the director of the Community
Development Department, or his or her designee; the director of the Public
Works Department, or his or her designee; building inspectors;
construction inspectors; the chief of the Kent Fire Department, or his or her
designee; fire code official, and fire inspectors.
E. Correction notice means a written statement, issued by a code
enforcement officer, notifying a person that property under his or her
3 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
control, is in violation of one or more regulations, and informing such '
person that a Notice of Violation may be issued and/or criminal charges
filed if the violations are not abated.
F. Day or days, as used in this chapter, shall mean calendar days
unless expressly stated otherwise in a given section or subsection. In
addition, any portion of a twenty-four hour day shall constitute a full ,
calendar day.
G. Hearing examiner means the Kent hearing examiner and the office
thereof established pursuant to Ch. 2.32 KCC. '
H. Notice of violation or notice of civil violation means a written '
statement, issued by a code enforcement officer, which contains the
information required under Section 1.04.080, and which notifies a person ,
that he or she is responsible for one or more violations of the Kent City
Code. ,
I. Omission means a failure to act.
J. Person means any individual, firm, business, association,
partnership, corporation or other legal entity, public or private, however
organized. Because "person" shall include both human and non-human
entities, any of the following pronouns may be used to describe a person:
he, she, or it.
K. Person responsible for the violation means any of the following: a
person who has titled ownership or legal control of the property or
structure that is subject to the regulation; an occupant or other person in
control of the property or structure that is subject to the regulation; a
developer, builder, business operator, or owner who is developing, building, ,
or operating a business on the property or in a structure that is subject to
4 Update of Code Enforcement '
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14,09.070
i
' the regulation; or any person who created, caused, or has allowed the
violation to occur.
' L. Regulation means and includes any of the following, as now enacted
or hereafter amended:
' 1. All Kent City Code provisions making reference to this chapter;
2. All standards, regulations, and procedures adopted by the city
that make reference to this chapter; and
' 3. The terms and conditions of any permit or approval issued by
the city, or any concomitant agreement with the city pursuant to code
' provisions that make reference to this chapter.
M. Repeat violation means, as evidenced by the prior issuance of a
correction notice or a notice of violation, that a violation has occurred on
the same property within a two (2) year period, or a person responsible for
a violation has committed a violation elsewhere within the city of Kent
within a two (2) year period. To constitute a repeat violation, the violation
need not be the same violation as the prior violation.
' N. Violation or civil violation means an act or omission contrary to a
regulation as defined in subsection (L) of this section. A violation continues
' to exist until abated to the satisfaction of the city, with each day or portion
thereof in which the violation continues constituting a separate violation.
Sec. 1.04.030. Violation unlawful—Each day is separate
' violation—Misdemeanor. The violation of any regulation shall be
unlawful. Each day, or portion thereof, in which the violation continues
' constitutes a separate offense for which separate notices of violation may
be issued. In addition, any violation of this chapter shall constitute a
misdemeanor and the city attorney, or the city attorney's designee, shall,
5 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
at his or her discretion, have authority to file a violation as either a civil '
violation pursuant to this chapter or as a criminal misdemeanor punishable '
by imprisonment in jail for a maximum term fixed by the court of not more
than ninety (90) days or by a fine in an amount fixed by the court of not '
more than one thousand dollars ($1,000) or by both such imprisonment
and fine. All criminal misdemeanor charges filed under this chapter shall be ,
filed with the Kent municipal court. When the city files criminal
misdemeanor charges pursuant to this chapter, the city shall have the '
burden of proving, beyond a reasonable doubt, that the violation occurred.
Sec. 1.04.040. Joint and several responsibility and liability. ,
Responsibility for violations of the codes enforced under this chapter is joint
and several, and the city is not prohibited from taking action against a
party where other persons may also be potentially responsible for a ,
violation, nor is the city required to take action against all persons
potentially responsible for a violation. ,
Sec. 1.04.050. Interference with code enforcement
unlawful—Misdemeanor. Any person who intentionally obstructs, '
impedes, or interferes with any lawful attempt to serve notice of a
violation, stop work or stop use order, or an emergency order, or '
intentionally obstructs, impedes, or interferes with lawful attempts to
correct a violation shall be guilty of a misdemeanor punishable by '
imprisonment in jail for a maximum term fixed by the court of not more
than ninety (90) days or by a fine in an amount fixed by the court of not '
more than one thousand dollars ($1,000), or by both such imprisonment
and fine. ,
Sec. 1.04.060. Methods of service. '
A. Service by regular first class marl shall be equal to personal service.
Any correction notice, notice of violation, notice of hearing, or other code '
6 Update of Code Enforcement
Provisions. Chs. 1.04, 13.02, and '
14.08 KCC, and KCC 14.09.070
enforcement document shall be deemed legally served upon a party by use
of regular first class mail, as described in subsection (13)(2), below, unless
another method of service is expressly required in a particular subsection of
this chapter; provided, at the discretion of the code enforcement officer,
the code enforcement officer may personally serve documents or cause
documents to be personally served upon a party.
B. Methods of service defined. For purposes of this chapter, the
methods of service of any documents related to code enforcement, such as
correction notices, notices of violation, stop work orders, etc. (hereinafter
' "document"), are defined as follows:
' 1. Personal serwce. Personal service shall mean handing the
document to the person subject to the document or leaving it at his or her
dwelling house or usual place of abode with some person of suitable age
and discretion then residing therein, or leaving it at his or her office or
place of employment with a person in charge thereof. Personal service
shall also be deemed complete when the hearing examiner or his or her
assistant hands any order, ruling, decision, or other document to a person
prior to, during, or after a hearing.
2. Mailing. Service by mail shall mean sending the document by
' regular first class mail to the last known address of the person subject to
the document. The last known address shall be an address provided to the
city by the person to whom the document is directed; if an address has not
been provided to the city, the last known address shall be any of the
following as they appear at the time the document is mailed: the address of
the property where the violation is occurring, as reflected on the most
' recent equalized tax assessment roll of the county assessor or the taxpayer
address appearing for the property on the official property tax information
' website for King County; the address appearing in any database used for
7 Update of Code Enforcement
' Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
the payment of utilities for the property at which the violations are '
occuring; or the address of the person to whom the documents are being
sent that appears in the Washington State Department of Licensing
database. Where service of the notice of violation is by mail, service shall
be deemed complete upon the third (3 ) day following the day upon which
they are placed in the mail, unless the third (P) day falls on a Saturday, ,
Sunday, or legal holiday, in which event service shall be deemed complete
on the first day other than a Saturday, Sunday, or legal holiday following '
the third (3rd) day.
3. Posting. Posting shall mean affixing a copy of the document in '
a conspicuous place on the property, with at least one (1) copy of such
document placed at an entryway to the property or structure if an entryway '
exists.
4. Publication. Publication of the document shall mean
publication as set forth in RCW 4.28.100 and RCW 4.28.110, as currently
enacted or hereafter amended.
C. Proof of service—Due diligence. Proof of service shall be made by '
written affidavit or declaration under penalty of perjury executed by the '
person effecting the service, declaring the time and date of service, the
manner by which service was made, and if service was made solely by ,
posting or publication, facts showing that due diligence was used in
attempting to locate a mailing address for the person at whom the notice of '
violation is directed.
D. Additional proof of service not necessary. The hearing examiner shall
not require additional proof of service beyond the requirements in this
chapter.
8 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and '
14.08 KCC, and KCC 14.09.070
1
1
Sec. 1.04.070. Voluntary correction—Correction notice.
A. General. Prior to the issuance of a notice of violation, the code
enforcement officer shall attempt to secure the voluntary correction of a
violation by attempting to contact the person responsible for the violation,
' explaining the violation, and requesting correction. This may be done
verbally by the code enforcement officer; provided, a written correction
' notice shall be served on the person responsible for the violation prior to
issuance of a notice of violation; provided further, a written correction
' notice need not be served nor efforts made to secure voluntary correction
where the nature of the violation creates a risk of imminent harm to public
' health or safety, or where it is a repeat violation as defined in this chapter.
B. Service of correction notice. Service of a written correction notice
imay be accomplished by regular first class mail or by personal service, at
the discretion of the code enforcement officer, or by posting or publishing
' the correction notice if an address for the person responsible for the
violation cannot be ascertained pursuant to KCC 1.04.060(B)(2).
' C. Contents of written correction notice. The written correction notice
' shall be deemed sufficient if it contains the following information:
' 1. The name and address of a person responsible for the
violation; and
' 2. The street address or description sufficient for identification of
the building, structure, premises, or land upon or within which the violation
has occurred or is occurring; and
3. A description of the violation and a reference to the code
provisions that have been violated, and
' 9 Update of Code Enforcement
' Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
1
4. A statement indicating what corrective actions are required '
and a correction deadline stating the date and time by which the corrective
actions must be completed to the satisfaction of the code enforcement
officer in order for the violator to avoid the issuance of a notice of violation;
and
S. A statement indicating that, pursuant to KCC 1.04.030, a '
notice of violation may be issued for each day a violation continues, with
each violation constituting a separate offense subject to civil and/or '
criminal penalties.
D. Time period in which to correct or abate the violation. Whenever a
person responsible for a violation is served with a written correction notice, '
he or she shall be given at least ten (10) days from the date of issuance of
the notice to correct the violation(s) to the satisfaction of the code
enforcement officer; provided, where, in the opinion of the code
enforcement officer, a violation creates a risk of imminent harm to public
health or safety, or is a repeat violation as defined in this chapter, the city
can require less than ten (10) days for correction to be completed. In the
event the violation is not corrected within the required time period, the city
may, at its discretion, issue separate notices of violation for each day, or ,
portion thereof, that the violation has existed or continues to exist.
E. Extension of voluntary correction period or modification of required
actions. An extension of the deadline for voluntary correction, or a '
modification of any required corrective action noted in the written
correction notice, may be granted by the code enforcement officer if the
person responsible for the violation has, in the opinion of the code
enforcement officer, shown due diligence or made substantial progress in
correcting the violations but unforeseen circumstances render correction
unattainable within the original deadline. '
10 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and '
14.08 KCC, and KCC 14.09.070
F. Revocation of deadline for compliance. The original deadline for
compliance, or any extension for compliance previously granted by the
code enforcement officer, may be revoked and immediate compliance
required where, in the opinion of the code enforcement officer,
circumstamces make immediate correction necessary to avoid an imminent
risk of injury to persons or property.
G. Use of written voluntary correction agreement.
1. At the sole discretion of the city, a voluntary correction
agreement may be entered into between the person responsible for the
violation and the city. The voluntary correction agreement must be in
writing.
' 2. Contents of voluntary correction agreement. The voluntary
correction agreement is a contract between the city and the person
responsible for the violation under which that person agrees to abate the
violations within a specified time and according to specified conditions. The
voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the
Sviolation; and
b. The street address or a description sufficient for
identification of the building, structure, premises, or land upon or within
which the violation has occurred or is occurring; and
C. A description of the violation and a reference to the
regulations that have been violated; and
d. An acknowledgement by the person responsible for the
violations that the violations described in the correction agreement exist,
11 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
and that he or she is waiving the right to contest the existence of the
violations or to mitigate the penalties; and
e. The necessary corrective action to be taken, the date or
time by which correction must be completed, and an acknowledgement by
the person responsible for the violation that he or she will correct the
violations within the time specified in the voluntary correction agreement;
and
f. Acknowledgement by the person responsible for the
violation that the city may enter the property and inspect the premises as
may be necessary to determine compliance with the voluntary correction
agreement; and
g. Acknowledgement by the person responsible for the '
violation that if the terms of the voluntary correction agreement are not
met, the city may enter the property to abate the violation and may also
recover its costs and expenses and/or a monetary penalty pursuant to this
chapter from the person responsible for the violation; and
h. The signature or official mark of the person responsible
for the violation and the signature or official mark of the code enforcement
officer.
3. Failure to comply with voluntary correction agreement.
a. Abatement by the city. In addition to any other remedy ,
provided for in this chapter, the city may abate the violation in accordance
with KCC 1.04.230 if the terms of the voluntary correction agreement are !�
not met.
b. Penalties and costs. If the terms of the voluntary
correction agreement are not met, the person responsible for the violation
12 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
may be assessed a monetary penalty in accordance with KCC 1.04.200,
plus all costs and expenses of abatement, as set forth in KCC 1.04.230, in
addition to being issued new notices of violation or criminal charges if the
violation has not been abated.
Sec. 1.04.080. Notice of violation.
A. Issuance of notice of violation. When the city determines that a
violation has occurred or is occurring, and does not secure voluntary
correction pursuant to KCC 1.04.070, the code enforcement officer may
issue a notice of violation to any person responsible for the violation.
B. Contents of notice. The notice of violation shall include the
following:
1. The name and address of a person responsible for the
it l
violation; and
2. The street address or description sufficient for identification of
the building, structure, premises, or land upon or within which the violation
has occurred or is occurring; and
3. A description of the violation and a reference to the provisions
violated; and
4. A statement indicating that the violator must respond to the
notice of violation within fourteen (14) days of the date of issuance by
doing one of the following:
a. paying the fine and correcting the violation;
b. requesting a mitigation hearing and correcting the
violation; or
C. requesting a hearing to contest the violation; and
13 Update of Code Enforcement
Provisions. Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
5. A statement indicating that failure to respond shall result in
the violation(s) being deemed committed without requiring further action
by the city, and that the full fine amount indicated on the notice of violation
shall be due and owing to the city by the person or entity to whom the
notice of violation was issued; and
6. A statement indicating that, unless a request to contest the
violation or to mitigate the penalty is properly filed, a monetary penalty of
five hundred dollars ($500) for each violation listed on the notice of t
violation is due and owing at the time the notice of violation is issued, and
must be paid in full within thirty (30) days or may be assigned to a
collection agency; and
7. A statement indicating that if the person or entity to whom a
notice of violation was issued requests a hearing and fails to attend the
hearing, a default judgment shall be entered against the person or entity to
whom the violation was issued, with the full amount of the fine indicated on
the notice of violation immediately due and owing, and that any unpaid
fines and any costs may be assigned to a collection agency after thirty (30)
days have elapsed from the date the notice of violation was issued; and
8. A statement indicating that the city may seek to recover from
the person to whom the notice of violation was issued the costs to the city
of any abatement action taken; and
9. A statement indicating that separate notices of violation may a
be issued for each day, or portion thereof, in which a violation continues;
and
10. A statement indicating that payment of a monetary penalty
does not relieve the person or entity named in the notice of violation of the
duty to abate the violation, and that failure to abate may result in the
14 Update of Code Enforcement
Provisions; Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14,09.070
issuance of additional notices of violation and/or criminal charges, with
additional civil and/or criminal penalties.
C. Service of notice of violation. Service of a notice of violation may be
accomplished by regular first class mail or by personal service, at the
discretion of the code enforcement officer, or by posting or publication if an
address for the person responsible for the violation cannot be ascertained,
pursuant to KCC 1.04.060.
Sec. 1.04.090. Stop work order—Violation a misdemeanor. A
stop work order may be issued pursuant to any of the codes or regulations
adopted pursuant to Title 13 and Title 14 of the Kent City Code. In
j addition, the code enforcement officer may issue a stop work order
whenever any work that is subject to regulation under the Kent City Code
_ is, in the opinion of the code enforcement officer, being performed in a
manner contrary to the provisions of the Kent City Code, or will exacerbate
damage that has already been caused to any property, or will materially
impair the code enforcement officer's ability to seek compliance. The stop
work order shall state the reasons for the order and may be appended to,
or incorporate by reference, a notice of violation. The stop work order shall
take effect immediately upon service. Service of the stop work order shall
be deemed accomplished upon posting of the notice in the manner
described in KCC 1.04.060(13)(3). Violation of a stop work order shall
constitute a misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety (90) days, or by
a fine in an amount fixed by the court of not more than one thousand
dollars ($1,000), or by both such imprisonment and fine.
Sec. 1.04.100. Stop use order—Violation a misdemeanor. In
addition to any remedy provided for in this chapter, the code enforcement
officer may issue a stop use order when allowing the use to continue
15 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
creates an imminent threat of injury to the health, safety, or welfare of any
member of the public, or creates an imminent threat of harm to
neighboring property, or will exacerbate injury already caused to any
property. The stop use order shall state the reasons for the order;
provided, the stop use order may be appended to, or incorporate by
reference, a notice of violation. The stop use order shall take effect
immediately upon service. Service of the stop use order shall be deemed
accomplished upon posting of the notice in the manner described in KCC
1.04.060(B)(3). Violation of a stop use order shall constitute a
misdemeanor, punishable by imprisonment in }ail for a maximum term
fixed by the court of not more than ninety (90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
or by both such imprisonment and fine.
Sec. 1.04.110. Removal of stop work or stop use order —
Misdemeanor. Where a stop work order or a stop use order has been
posted in conformity with the requirements of this chapter, removal of such
order without the authorization of the city, or the hearing examiner if the
matter has been heard by the hearing examiner, shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term
fixed by the court of not more than ninety (90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
or by both such imprisonment and fine.
Sec. 1.04.120. Response to notice of violation.
A. Generally. A person who has been served with a notice of violation
must respond to the notice within fourteen (14) days of the date the notice
is served. A person may respond to the notice of violation by:
1. Paying the amount of the monetary penalty as set forth in the
notice of violation. Partial payment or payment using a check that is
16 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
rejected for insufficient funds shall not be deemed payment under this
subsection. Payment of the fine shall not relieve the person or entity
responsible for the violation from the duty to correct or abate the violation.
Additional notices of violation may be issued if the violation goes
uncorrected.
2. Contesting the notice of violation by requesting a contested
hearing in writing and sending the request to the city as described in
subsection (B) below.
3. Seeking to mitigate the monetary penalty by requesting a
mitigation hearing to explain the circumstances surrounding the violation.
The request to mitigate must be made in writing and sent to the city as
described in subsection (B) below. Requesting to mitigate the penalty shall
not relieve the person responsible for the violation from the duty to correct
or abate the violation. Additional notices of violation may be issued if the
violation goes uncorrected.
B. Method of response. The person or entity to whom a notice of
violation has been issued may respond by mailing or hand-delivering the
response to the Building Services Division of the city's Department of
Community Development. Mailed responses must be postmarked no later
than the fourteenth (14th) day from the date of service of the notice of
violation; hand-delivered responses must be brought to the Building
Services Division of the city's Department of Community Development no
later than 4.30 p.m. on the fourteenth (14th) day after service; provided,
where the fourteenth day falls on a weekend or holiday, the deadline shall
be extended to the next regular business day. Telephone, facsimile, or
email responses shall not satisfy the requirements of this section.
17 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.130. Failure to respond. If the person to whom the
notice of violation is issued fails to respond as required in KCC 1.04.120,
the violations shall be deemed committed without requiring further action
by the city or the city's hearing examiner and the person to whom the
notice of violation was issued shall owe the full fine amount indicated in the
notice of violation.
Sec. 1.04.140. Scheduling of hearing to contest or mitigate —
Correction prior to hearing.
A. Notice and scheduling of hearing. Upon the timely filing of a request
for a hearing to contest a violation or to mitigate the penalty, the matter
shall be scheduled to be heard at the next available appearance by the
hearing examiner that is a minimum of fourteen (14) but no later than sixty
(60) calendar days after the date the request was received by the city.
Notice of the hearing date and time shall be served by regular first class
mail to the address of the party who requested the hearing. The date and
time for any hearing may be rescheduled by the hearing examiner for good
cause upon the motion of a party or the hearing examiner.
B. Correction of violation prior to hearing. The hearing may be
cancelled and the party requesting the hearing need not appear only if, at
least two (2) business days prior to the scheduled hearing, the code
enforcement officer determines that the violation has been satisfactorily
corrected or abated and the monetary penalty paid in full. Where the
scheduled hearing involves a repeat violation as defined in this chapter, the
hearing shall not be cancelled unless the new violation has been corrected
or abated to the satisfaction of the code enforcement officer and the
monetary penalty and costs for the new violation(s) and any monetary
penalty and costs owing for the previous violation(s) have been paid in full.
18 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.150. Contested hearing - Procedure. The hearing
examiner shall conduct a hearing to contest a violation pursuant to Ch.
2.32 KCC when such hearing is properly and timely requested. The city
and the person or entity to whom the notice of civil violation was issued
may participate in the hearing and each party, or its legal representatives,
may call witnesses and present evidence and rebuttal, subject to the
following:
A. The city shall have the burden of proving, by a preponderance of the
evidence, that a violation has occurred.
B. The parties are responsible for securing the appearance of any
1� witnesses they may wish to call; neither the city nor the hearing examiner
shall have the burden of securing any witnesses on behalf of the person
who is contesting the violation(s) or seeking to mitigate the penalties.
C. Because formal rules of evidence shall not apply to any such hearing,
the hearing examiner shall allow hearsay testimony by the parties and not
require proof of chain of custody for evidence that is presented; provided,
the hearing examiner shall determine the weight to be assigned to any
evidence presented.
D. Any notes, reports, summaries, photographs, or other materials
prepared by the parties shall be admitted into evidence if requested;
provided, the parties are free to argue the weight that should be assigned
by the hearing examiner to any evidence submitted.
Sec. 1.04.160. Contested hearing—Decision of the hearing
examiner.
A. Contents of Order. Upon the conclusion of a hearing to contest a
violation, the hearing examiner may issue a verbal decision pending
19 Update of Code Enforcement
I Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
issuance of the written decision; if necessary, the hearing examiner may
delay issuing the written order for up to ten (10) business days following
the hearing. In either event, the verbal decision and written order shall
contain findings and conclusions based on the record that includes the
following information:
1. For each alleged violation of the city code, a statement ,
indicating whether the violation has been found committed or not
committed; �
2. For violations found committed, the monetary penalties and
costs being assessed pursuant to this chapter;
3. For violations found committed, any required corrective
actions; and
4. For violations found committed, a finding that abatement of
the violations by the city is authorized, at the expense of the person
responsible for the violations.
5. A statement notifying the person responsible for the violation
that he or she is subject to additional civil and/or criminal penalties if any
violation that was the subject of the hearing has not been corrected or
abated.
B. Notice of decision. The hearing examiner may cause a a copy of the
decision and order to be served upon the parties at the close of the
hearing. When the hearing examiner requires more time to prepare a
written order, or when a party fails to appear after requesting a contested
hearing, the hearing examiner shall cause a copy of the decision and order
to be served on the parties by mailing a copy to each party's last known
address within ten (10) business days of the hearing.
20 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
I Sec. 1.04.170. Mitigation hearing - Procedure. The hearing
examiner shall conduct a hearing to mitigate the penalty on a violation
when such hearing is properly and timely requested; provided, that in the
event a person has requested a hearing to contest a violation and prior to
the start of the hearing indicates to the hearing examiner a desire to
mitigate rather than contest, the examiner shall permit the person to seek
mitigation of the monetary penalty. The mitigation hearing shall be
conducted according to the following general procedures:
A. The person responsible for the violation shall, as a condition of
proceeding with the mitigation hearing, agree that he or she has committed
the violations as set forth in the notice of the violation. The city shall be
relieved of any burden of proving that the violations were committed, and
such agreement by the person responsible for the violations shall be
sufficient basis for the hearing examiner to find the violations committed.
B. If the person who has requested the mitigation hearing decides at
the time of the hearing that he or she wishes to contest all or some of the
alleged violations, the matters wishing to be contested shall, at the request
of the city, be rescheduled.
C. The person responsible for the violations shall be given the
jopportunity to explain or provide evidence regarding the nature of the
violations, why the violations exist, why the violations have not been
abated or corrected, and any other information the hearing examiner
determines is relevant.
D. The city shall be given the opportunity, at its discretion, to provide
evidence of the nature of the violation, evidence to rebut assertions made
by any party, and any other information or evidence the hearing examiner
deems is relevant.
21 Update of Code Enforcement
Provisions; Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
E. At the conclusion of the hearing, the hearing examiner shall enter an
order finding the violations committed pursuant to KCC 1.04.180, and shall
assess a monetary penalty in accordance with KCC 1.04.200.
Sec. 1.04.180. Mitigation hearing—Decision of the hearing
examiner.
A. Order to be Issued at close of hearing. Upon the conclusion of a
penalty mitigation hearing, the hearing examiner shall issue, at that time, a
written decision and order using a standard form that contains the following
findings and conclusions based on the record:
1. For each alleged violation of the city code, a statement ,
indicating that the the violation has been found committed;
2. The monetary penalties and costs being assessed pursuant to
this chapter;
3. Any required corrective action;
4. A statement notifying the person responsible for the violation
that he or she is subject to additional civil and/or criminal penalties if any
violation that was the subject of the hearing has not been corrected or
abated;
5. A finding that abatement of the violations by the city is
authorized, at the expense of the person responsible for the violations.
B. Notice of decision. The hearing examiner shall provide a copy of the
decision and order to the parties at the close of the mitigation hearing.
When the hearing examiner, for good cause shown, requires more time to
prepare a written order, or when a party fails to appear after requesting a
22 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Kent City Council Meeting
Date May 6, 2008
Category Other Business - 7A
1. SUBJECT: GREEN RIVER LEVEE REPAIR EASEMENT AGREEMENT
2. SUMMARY STATEMENT: The US Army Corps of Engineers has notified King
County and the City of Kent of its intent to complete repairs to the Green River
Levee along the Riverbend Golf Course at Corps expense. The purpose of this
easement agreement is to grant to the King County Flood Control Zone District
perpetual and temporary easements allowing it to effect repairs, restoration,
inspection, and maintenance of the Meyers Golf and Narita Levees as depicted on
the map attached as Exhibit C to the agreement.
These improvements will impact the current layout of the 18-hole golf course.
However, under the terms of this easement agreement, City will be compensated
for all design work, construction costs, and revenues lost during construction
when the golf course will temporarily operate with nine holes.
Jeff Watling, Parks Director, and Mike Mactutis, Environmental Engineering
Manager, will provide a short presentation of the overall impacts of the project
and the protections provided to the City by the easement agreement.
3. EXHIBITS: Grant of Easements and Levee Easement Agreement
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? None Revenue? None
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
n
Councilmember moves, Councilmember seconds
to authorize the Mayor to sign the Grant of Easements and Levee Easement
Agreement with the King County Flood Control Zone District for the Meyers Golf
and Narita Levees in substantially the form as presented to the City Council,
subject to final terms and conditions as may be acceptable to the City Attorney.
LDISCUSSION:
ACTION:
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-5500
KENT, Fax- 253-856-6500
WASHINGTGN
Address, 220 Fourth Avenue S
Kent, WA 98032-5895
Date: April 28, 2008
To: Kent City Councilmembers
From: Michael Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Easement Agreement between the City of Kent and the King County
Flood Control Zone District
Recommend Council authorization the Mayor to sign the Easement Agreement
between the City of Kent and the King County Flood Control Zone District with
mitigation amounts substantially similar to those within, pending concurrence
of the language within by the Parks Director, the Public Works Director and the
City Attorney.
Summary:
The City of Kent is located along the Green River, which has serious flood hazard risks,
unmet flood hazard reduction projects, and existing facility maintenance needs. The
overtopping or breaching of the Green River levees would have catastrophic results in terms
of flooding, threatening lives and damaging valuable property within the City of Kent and
King County.
The US Army Corps of Engineers is proposing to provide funding to repair a reach of the
Green River Levee along the Riverbend Golf Course. This repair will entail reconstruction of
the levee at a more stable slope. Consequently, the new levee will require additional space
and will encroach onto several golf course tees, bunkers and other structures The King
County Flood Control Zone District is the local sponsor, and is required to provide all right-
of-way needed to complete the project.
The City recognizes the value of the levees and this repair project, and, through this
Easement Agreement, will provide the temporary and permanent easements necessary for
the US Army Corps of Engineers to construct the project. As the local sponsor, the King
' County Flood Control Zone District will financially mitigate for the impacts to the golf course
through payments to the City to rebuild tees, fairways, bunkers and other structures outside
the new easement as well as pay the City for lost revenue to the golf course operations
while it is forced to operate in a limited capacity due to repair of the levees and
reconstruction of portions of the golf course.
The project is currently scheduled to begin construction in July, 2008.
RCW 86.15 regarding mutual agreements between municipalities and flood control zone
districts for the acquisition of property interests.
U\PWComm¢tee\Action Page\2008\04 07 08\Easement Agrrnnt Green River Levee doc
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1
After Recording Return To:
Property Management
City of Kent
220 Fourth Avenue
Kent, Washington 98032
i
GRANT OF EASEMENTS
AND
LEVEE EASEMENT AGREEMENT
r
Grantor: City of Kent, a Washington municipal corporation
Grantee: King County Flood Control Zone-District, a Washington
quasi-municipal corporation „
Legal Description:
rAbbreviated Form:n :,,,Ptn. Gov. Lots 31 4, and 5; 23-22-4E
Additional"Leg'al Description on: Exhibit A of document
Assessor's Property Tax Parcel Account Number(s): 2322049010-02;
2322049011-01
Project Name: MeyA r Golf and Narita Levees
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GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 1 of 19
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GRANT OF EASEMENTS AND
LEVEE EASEMENT AGREEMENT
FOR MEYERS GOLF AND NARITA LEVEES
THIS GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
("Agreement") is entered into on the last date signed below by and between
the Parties, the CITY OF KENT, a Washington municipal corporation
("Grantor"), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT
("Grantee"), a Washington quasi-municipal corporation duly organized under
Chapter 86.15 of the Revised Code of Washington, with reference to the
following facts:
RECITALS
A. The purpose of this Agreement is to establish the terms for
conveyance to Grantee of perpetual and temporary easement interests in
19.98 acres of certain real property owned by Grantor, more particularly
described in Exhibit A and Exhibit B hereto, and as shown approximately on
Exhibit C.
B. Grantee seeks the easements for the purpose of effecting repairs,
restoration, inspection, and maintenance of the Meyers Golf and Narita Levees
(Work) on property owned by the Grantor.
C. To accomplish the Work, it is necessary for Grantee to acquire
perpetual easement interests to establish the new slopes for the levee and to
inspect and maintain the levee, and temporary interests for use during
construction.
D. The easement rights will encroach upon two tax parcels of
Grantor's property used as part of the Riverbend Golf Course Complex (Golf
Course), owned and operated by Grantor's Department of Parks, Recreation,
and Community Services as an Enterprise Fund facility. The Riverbend Golf
Course is the most played public course in the Pacific Northwest and is a
significant recreational resource for the City of Kent and the region. It is of
critical importance to Grantor that the conveyance of property interests and
the work do no irreparable physical or fiscal harm to the Golf Course.
E. The Golf Course has not been appraised under either a
replacement value or fair market value (as zoned commercial) theory. The
two referenced tax parcels consist of 149.72 acres with a King County tax
assessed value of Nine Million Four Hundred and Forty-Three Thousand One
Hundred Dollars ($9,443,100.00) (rounded) as improved, also expressed as
Sixty Three Thousand Dollars ($63,000.00) (rounded) per acre or
approximately One Million Two Hundred Sixty Thousand Dollars
($1,260,000.00) for the perpetual easement conveyed.
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 2of19
F. During the construction phase of the Work, Grantor's eighteen
hole Golf Course will be significantly damaged, such impacts to be partially
' mitigated by the temporary operation as a nine-hole Golf Course.
G. After partial completion of the Work, Grantor will be able to
reconfigure its Golf Course to eighteen holes at a cost of approximately One
Million Nine Hundred Twenty-Eight Thousand Eight Hundred Dollars
($1,928,800.00) as detailed by the architect's estimate,,Exh!bit D.
H. Damages to the remainder during the Work-when the Golf Course
will operate with nine holes cannot be specifically ascertained in advance, but
such damages are estimated as shown on Exhibit E, which exhibit also
illustrates the methodology for calculating lost revenues based on historic
performance.
Based upon the Foregoing, the Parties Hereby ;Entgr into the Following:
AGREEMENT
1. All of the foregoing Recitals are hereby ratified.
2. The Parties hereto enter into this Agreement under the authority
conferred by Chapter 86.15 RCW, which provides for the voluntary acquisition
of municipal properties by flood control zone districts.
i3. Grantor, in consideration of mutual benefits and other
consideration, hereinafter described, -hereby grants and conveys to the
Grantee the following easements for the purposes set forth herein, under, over
and upon the real property described in Exhibits A and Exhibit B attached
hereto and situate in King County, Washington:
a,, Flood Protection Levee Easements. A perpetual right and
easement in favor of Grantee in the land described in Exhibit A to construct,
maintain, repair, operate, and replace a flood protection levee, including all
appurtenances thereto; reserving, however, to the Grantor its heirs and
assigns, all such rights and privileges as may be used without interfering with
or abridging the rights and easement hereby acquired; subject, however to
existing easements for public roads and highways, public and private utilities,
railroads, and pipelines, together with an additional fifteen (15) feet
contiguous to and upland of the levee, as constructed, for purposes of
maintenance, repair, patrol and inspection; reserving, however, to Grantors,
their heirs and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights of the additional fifteen (15) feet
contiguous to and upland of easement hereby acquired.
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 3of19
b. Temporary Work Area Easements. Temporary and
assignable rights in favor of the Grantee, in, on, over, and across the land
described in Exhibit B for a period not to exceed two (2) years from the date of
execution of this Agreement, for the purpose of a work area, including the
right to borrow and/or deposit fill material thereon, move, store, and remove
equipment and supplies, erect and remove temporary structures on the land,
and to perform any other work necessary and incident to the construction of a
Flood Protection Levee, together with the right to trim, cut, fell, and remove
therefrom all trees, underbrush, and other obstructions, structures, or
obstacles within the limits of the Temporary Work Easement; reserving,
however, to the Grantors, their heirs and assigns, all such rights and privileges
as may be used without interfering with or -abridging the rights of the
easement hereby acquired.
4. If in the use of the easements granted above, the Grantee causes
damages to other property of the Grantor or causes damage to the easement
areas as a result of activity that is not permitted by the easements, Grantee
shall repair replace and restore such damages at Grantee's sole expense.
S. The Parties agree that the Golf Course is most closely analogous
to an irreplaceable special use facility,and that consideration for conveyance of
the perpetual and temporary easements and damages will be the actual cost of
restoration and the actual operation losses during the period of construction.
6. Therefore, Grantee shall reimburse Grantor for the costs of
IT reconfiguration and reconstruction in accord with the following procedure:
a. Grantor shall submit the plans and specifications for
Grantee's approval, such approval not to be unreasonably delayed or withheld.
I�b.
Qb.I Grantee shall reimburse Grantor for the total project cost
of the restoon which shall include design, contract construction cost, sales
tax, legal costs, permit fees, utility restoration costs and inspection costs.
C. Costs incurred prior to the execution of this Agreement
shall by reimbursed in the initial payment
d. Payment shall be made to Grantor, at its sole option, either
monthly or bi-monthly within thirty (30) days of receipt by Grantee of properly
documented invoices.
e. Grantee reserves the right to an independent audit of the
invoices and supporting materials.
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 4 of 19
t
1 7. Grantor agrees to mitigate further damages to the remainder by
operating as a nine hole Golf Course for the period necessary to reconfigure to
eighteen holes, with the understanding that the timing of the reconfiguration is
I dependent upon Grantee's construction schedule for the levee Work.
8. Grantee agrees that compensation for lost revenue during the
period of reduced operation is analogous to market rent for the period of
possession and use during construction and shall reimburse Grantor for actual
losses. Such costs shall be billed to Grantee monthly with payment due within
thirty (30) days. Grantor shall provide to Grantee on its billings total revenue
figures for monthly periods when operation is reduced due to the Work and/or
Golf Course reconfiguration and associated construction. Actual losses will be
calculated as the difference between total actual revenue and projected
average total revenue for each monthly period as estimated on Exhibit E.
Grantee agrees with and accepts the methodology for determining lost
revenues and reserves the right to an independent audit of the invoices and
1� supporting materials.
9. Each party agrees 6 indemnify and hold harmless the other for
its own negligence for activities carried out under this Agreement.
10. Solely for the purpose of enforcing the indemnification provision
above, each party expressly waives its immunity under Title 51 of the Revised
Code of Washington; provided, that such waiver shall not preclude the
indemnifying party from raising such immunity as a defense against any claim
brought against the indemnifying party by any of its employees.
11. Each party recognizes that the other is self-insured and accepts
such coverage for liability arising under this agreement. Should Grantee
choose not to self-insure, Grantee shall maintain and keep in full force and
effect a policy of general liability insurance in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence with an additional excess
liability policy of not less than Ten Million Dollars ($10,000,000.00) and
provide Grantor with a Certificate of Insurance and additional insured
endorsement that will name Grantor and its successors and assigns as
Additional Insureds.
12. The parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements, submittal of all
relevant information to an independent Certified Public Accountant and/or a
Construction Claims Consultant, if agreed upon by the parties, for a non-
binding opinion as to responsibility.
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 5 of 19
b. If the foregoing does not result in resolution and for all
other disputes, the parties may mutually select any informal means of
resolution and resort will otherwise be had to the Superior Court for King
County at the Regional Justice Center in Kent, Washington.
C. Each party shall be responsible for its own costs and
attorneys fees.
13. This Agreement represents a full recitation of the rights and
responsibilities of the parties and may be modified only in writing and upon the
consent of both parties.
14. This Agreement shall be effective upon the date of full execution
at which date the payment set forth in Paragraph 6 shall be due and owing.
15. The rights, conditions, covenants, and provisions contained in this
Easement Agreement shall inure to the benefit of and are binding on the
parties hereto and their respective successors and assigns and shall run with
the land.
16. All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, 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 address stated below or such other address as
may be hereafter specified in writing:
If to Grantor: If to Grantee:
Jeff Watling, Director
City of Kent Parks, Recreation,
And'Community Services
220''- 4th Avenue South
Kent, WA 98032 '
17. The undersigned warrant that they have the authority duly
granted by their respective legislative bodies to make and execute this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement,
which shall become effective on the last date signed below.
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 6of19
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GRANTOR: GRANTEE:
CITY OF KENT KING COUNTY FLOOD
CONTROL ZONE DISTRICT
By.
Suzette Cooke, Mayor By:
Theresa Jennir�gs, Director
King County Dept of Natural
Resources and Parks on behalf of
the King County Flood Control
Zone District
i'' Acting pursuant to Resolution No.
of said Grantee
APPROVED AS TO FORM: APPROVED AS TO FORM:
_qq i
By: Bye
Assistant City Attorney Counsel for King County Flood
City of Kent ¢g{;, Control Zone District
Notary'A6knowledgements Appear on Following Page
1
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 7 of 19
1
STATE OF WASHINGTON )
SS.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette
Cooke is the person who appeared before me, and said person acknowledged that
she signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the
foregoing 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
STATE OF WASHINGTON : ) '
• SS.
COUNTY OF KING )
I hereby certify that ;j.y know or have satisfactory evidence that
is the person who appeared before me, and
said person 'acknowledged'Chat he/she signed this instrument, on oath stated that
he/she is authorized to execute the instrument on behalf of the King County Flood
Control Zone District as its and
such execution to be the free and voluntary act of such party for the uses and
purposes mentioned in the foregoing 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
I
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 8 of 19
Exhibit A
Permanent Easement Area
A permanent easement over all those portions of Government Lot 3, Section
22, Township 22 North, Range 4 East, W.M. and Government Lots 1, 2, 3, 4
and 5 of Section 23, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the north section corner of said Section 23, from which point
the northeast section corner bears S88159'28"E 2634.43 feet distant; thence
N89005'24"W, along the north line of the northwest quarter of said Section
23, a distance of 925.47 feet to the west margin of Russell Road (also known
as John Downey Road Number 722 and also known as 54" Place South); and
the TRUE POINT OF BEGINNING of the herein described tract: thence
continuing N89005'24"W, along the north line of said northwest quarter 38 23
feet, more or less, to the line of ordinary high water on the east bank of the
Green River (also known as the White River); thence generally southwesterly
along the line of ordinary high water to its intersection with the north margin
of Meeker Street (also known as Kent Des Moines Road and also known as
George W. Peck Road Extension Number 1070); the ordinary high water
mark being approximately described as follows:
thence S24011'00"E 1.83 feet; thence 511040'00"E 89 00 feet; thence
S11019'00"W 41.00 feet; thence S02025'00"E 55.00 feet; thence
S08000'00"W 57.00 .;;feet; thence S17018'00"W 62.00 feet; thence
S23022'00"W 43.00 feet; thence ,S43059'00"W 20.00 feet; thence
S29023'00"W 44.00 feet;' thence S37023'00"W 76.00 feet, thence
S45057'00"W 42.00 feet;', thence S50008'00"W 53.00 feet; thence
S46019'00"W 32.00 feet; thence S54021'00"W 70.00 feet; thence
S62042'00"W 66.00 feet; thence S65004'00"W 63.00 feet; thence
S71005'00"W 65.00 feet; i, thence S87053'00"W 48.00 feet; thence
N89042'00"W 75.00 feet; thence N75009'00"W 31.00 feet; thence
I N69026'00"W 111.00 feet; thence N63003'00"W 64.00 feet; thence
N66057'00"W 105.00 feet; thence N65022'00"W 88.00 feet; thence
N78059'00"W 95.00 feet; thence N88032'00"W 78.00 feet; thence
S86030'00"W 57.00 feet; thence N84024'00"W 38.00 feet; thence
S83038'00"W 47.00 feet; thence N83033100"W 40.00 feet; thence
N89025'00"W 48.00 feet; thence S84014'00"W 112.00 feet; thence
S84005'00"W 59.00 feet; thence S76026'00"W 44.00 feet; thence
S68046'00"W 94.00 feet; thence S55042'00"W 28.00 feet; thence
S49056'00"W 101.00 feet; thence S42027'00"W 45.00 feet, thence
S28026'00"W 45.00 feet; thence S37058'00"W 50 00 feet; thence
S27017'00"W 50.00 feet; thence S02058'00"W 24.00 feet; thence
S31013'00"W 63.00 feet; thence S30030'00"W 61.00 feet; thence
S24052'00"W 72.00 feet; thence S20000'00"W 42.00 feet; thence
S12021'00"W 49.00 feet; thence S03045'00"W 36.00 feet; thence
S07002'00"E 69.00 feet; thence S15116'00"E 66.00 feet; thence S27021'00"E
' Exhibit A - Legal Description for Permanent Easement Area
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 9of19
t
55.00 feet; thence S37019'00"E 71.00 feet; thence S42°21'00"E 57.00 feet;
thence S47020'00"E 64.00 feet; thence S52007'00"E 52.00 feet; thence
S55009'00"E 104.00 feet; thence S50013'00"E 56 00 feet; thence
S51034'00"E 102.00 feet; thence S48019'00"E 106.00 feet; thence
S52006'00"E 54.00 feet; thence S43138'00"E 81.00 feet; thence S51057'00"E
106.00 feet; thence S46025'00"E 57.00 feet; thence S45051'00"E 54 00 feet;
thence S29148'00"E 42.00 feet; thence S30026'00"E 49.00 feet; thence
S33049100"E 54.00 feet; thence S26026'00"E 52.00 feet; thence S21013'00"E
44.00 feet; thence S17103'00"E 33.00 feet; thence S05035'00"E 29 00 feet;
thence S03015'00"E 52.00 feet; thence S01003'00"E 38.00 feet, thence
S00042'00"E 61.00 feet, thence S14151'00"W 25.00 feet; thence
S16006'00"W 28.00 feet; thence S18040'00"W 41.00 feet; thence
S24051'00"W 36.00 feet; thence S24059'00"W 54.00 feet; thence
S15000'00"W 45.00 feet; thence S18024'00"W 82.00 feet; thence
S16031'00"W 139.00 feet; thence S03142'00"W 49.00 feet; thence
S04026'00"E 19.00 feet; thence S04003'00"E 18.99 feet to the northwesterly
margin of aforesaid Meeker Street and a point hereinafter referred to as point
"A"; thence N65039'05"E, along said northwesterly margin, 163.52 feet;
thence leaving said northwesterly margin, N28012'40"W 24.95 feet; thence
N04055'05"E 88.22 feet; thence N18017144"E 130.90 feet; thence
N21000'55"E 268.92 feet; thence N00°00'00"E 71.00 feet; thence
N14022'53"W 120 78 feet; thence N21002'15"W 55.71 feet; thence
N30024'44"W 203.28 feet; thence N44135'37"W 241.31 feet; thence
N49038'34"W 58.88 feet; thence N47046'12"W 204.60 feet; thence
N51009'55"W 193.87 feet; thence N54109'38"W 158.14 feet; thence
N47024'31"W 46.40 feet; thence N38032'53"W 79 39 feet; thence
N27044'29"W 66.85 feet; thence N16022'09"W 24.32 feet; thence
N03039'21"W 43.67 feet; thence N08009'41"E 12.43 feet; thence
N24049'10"E 85.47 feet, thence N29121'43"E 116.71 feet; thence
N26009'19"E 122.90 feet; thence N36101'51"E 53.92 feet; thence
N49016'59"E 90.07 feet; thence N62056'25"E 52.28 feet; thence
N72006'08"E 59.03 feet; thence N82050'41"E 80.74 feet; thence
N87024'52"E 124.05 feet; thence N89158'16"E 95.12 feet; thence
S88047'35"E 144.16 feet; thence S82059'07"E 48.61 feet; thence
S72011'48"E 43.39 feet; thence S68007'56"E 66.29 feet; thence S65156'46"E
139.64 feet; thence 567"11'28"E 120.01 feet; thence S71147'12"E 57.99
feet; thence S83129'52"E 47.93 feet; thence N88137'33"E 109.27 feet;
thence N74144'18"E 101.55 feet; thence N65003'41"E 132.70 feet; thence
N54000'16"E 149.79 feet; thence N45055'49"E 140.02 feet; thence ,
N35044'29"E 133.34 feet; thence N20043'44"E 79.20 feet to the westerly
margin of aforesaid Russell Road; thence along said westerly margin
N19040'24"W 70.69 feet; thence continuing along said westerly margin
N09003'24"W 257.95 feet to the TRUE POINT OF BEGINNING.
And commencing at aforementioned point "A"; thence S03058'35"W 170.40
feet, more or less, to the intersection of the line of ordinary high water on the
east bank of the Green River (also known as the White River) with the
Exhibit A - Legal Description for Permanent Easement Area
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 10 of 19
i
southeasterly margin of aforesaid Meeker Street and the TRUE POINT OF
BEGINNING; thence N65039'05"E, along said southeasterly margin, 254.50
feet; thence S46006'25"W 144.72 feet; thence S07017'35"E 144.29 feet;
thence S11147'38"E 77.75 feet; thence S22141'49"E 54.79 feet; thence
S30035'34"E 50.95 feet; thence S32004'35"E 69.38 feet; thence S28052'25"E
36.99 feet; thence S42057'19"E 79 29 feet; thence S49021'41"E 25.16 feet;
thence S55143'21"E 34.48 feet; thence S62008'35"E 32.25 feet; thence
S65047'25"E 46.62 feet; thence S82013'22"E 115.77 feet; thence
I N77013'10"E 62.81 feet; thence N72046'26"E 46.21 feet; thence
N67050'48"E 58.55 feet; thence N58054'25"E 49.42 feet; thence
N53042155"E 54.13 feet; thence N50039'54"E ii60.16 feet; thence
1 N53013'55"E 69.69 feet, thence N51001'13"E 103.75 feet; thence
N50057148"E 89.68 feet; thence N54007'35"E 71.86 feet; thence
N55032'16"E 55 04 feet; thence N60028'52"E 87 89 feet; thence
N59044'53"E 85.54 feet; thence N59031'26"E 87 05 feet; thence
N69°14'18"E 179 30 feet; thence N75019'53"E 60.14 feet; thence
S14014'05"E 23.76 feet; thence N79018'54"E 134.49 feet; thence
N78025'36"E 232.41 feet; thence N12013'28"W 2718 feet; thence
N76058'54"E 86.72 feet; thence N64045'50"E 65.03 feet, more or less, to the
westerly margin of aforesaid Russell Road, said point being hereinafter
referred to as point "B", thence S11007'59"E, along said westerly margin,
122.66 feet, more or less, to the line of ordinary high water on the north
bank of said Green River; thence generally southwesterly and northwesterly
along the line of ordinary high water to its intersection with the north margin
of aforesaid Meeker Street, the ordinary high water mark being
approximately described as follows: thence S63019'00"W 5.20 feet; thence
S62036'00"W 31.00 feet; , thence S77045'00"W 72 00 feet; thence
S76034'00"W 58.00 feet;:;;, thence S75017'00"W 90 00 feet; thence
S80007'00"W .91.00 feet; thence S77047'00"W 112.00 feet; thence
S78055'00"W 75.00 feet; thence S71022'00"W 75.00 feet; thence
S70021'00"W 55.00 feet; thence S58035'00"W 61.00 feet; thence
S70035'00"W 64.00 feet; thence S57056'00"W 65.00 feet; thence
S63049'00"W 61.00 feet; thence S60008'00"W 49 00 feet; thence
S60013'00"W 38.00 feet; thence S52149'00"W 87.00 feet; thence
S55031'00"W 58.00 feet; thence S45158'00"W 81.00 feet; thence
1 S52007'00"W 63.00 feet; thence S56005'00"W 72.00 feet; thence
S51001'00"W 76.00 feet; thence S55019'00"W 57.00 feet; thence
S60008'00"W 69.00 feet; thence S66018'00"W 61.00 feet; thence
S76028'00"W 64.00 feet; thence S80037'00"W 6100 feet; thence
S86030'00"W 60.00 feet; thence N89145'00"W 4800 feet; thence
N71052'00"W 40 00 feet; thence N64048'00"W 61.00 feet, thence
N63044'00"W 43.00 feet; thence N59007'00"W 55.00 feet; thence
N51031'00"W 58.00 feet; thence N48039'00"W 56.00 feet; thence
N40053'00"W 62.00 feet; thence N40022'00"W 50.00 feet; thence
N38043'00"W 58.00 feet; thence N34000'00"W 54.00 feet; thence
N29051'00"W 44.00 feet; thence N24015'00"W 51.00 feet; thence
N00056'00"W 59.00 feet; thence N02053'00"E 40.00 feet; thence
Exhibit A - Legal Description for Permanent Easement Area
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 11 of 19
N01024'00"W 70.00 feet; thence N01056'00"W 39.00 feet; thence
N06056'00"W 34.72 feet to the TRUE POINT OF BEGINNING.
Together with an easement for access to and inspection of the above
described lands, over a strip of land, 15.00 feet in width, contiguous to and
upland of the above described parcels;
Except any portions thereof lying within the Colony Park Condominium, as
recorded in Volume 31 of Condominiums, pages 55 through 57, records of
King County.
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Exhibit A - Legal Description for Permanent Easement Area
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 12 of 19
' Exhibit B
Temporary Construction Easements
A temporary construction easement over a portion of Government Lot 3, Section
23, Township 22 North, Range 4 East, W.M., in King County, Washington,
described as follows:
jCommencing at the north section corner of said Section 23, from which point the
northeast section corner bears S88059'28"E 2634.43 feet distant; thence
S37018'38"W 3570.57 feet to that certain point referred to as point "A' in Exhibit
A to this Agreement and recorded together with this Exhibit B, thence
N65039'05"E, along the northwesterly margin of Meeker Street (also known as
Kent Des Moines Road and also known as George W. Peck Road Extension
Number 1070), 163.52 feet; thence leaving said northwesterly margin,
N28012'40"W 24.95 feet; thence N04155'05"E 88.22 feet; thence N18017'44"E
1 130.90 feet; thence N21000'55"E 142.44 feet to the TRUE POINT OF BEGINNING;
thence continuing N21100'55"E 126.48 feet; thence N00°00'00"E 71.00 feet;
thence N14022'53"W 120 78 feet, thence S38013'47"E 230.92 feet; thence
S51046'13"W 201.47 feet to the TRUE POINT OF BEGINNING;
Together with a temporary construction easement over a portion of Government
' Lot 5, Section 23, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the north section corner of said Section 23, from which point the
northeast section corner bears S88059'28"E 2634.43 feet distant; thence
S01023'18"W 2840.88 feet to that certain point referred to as point "B' in Exhibit
A to this Agreement and recorded together with this Exhibit B, and the TRUE
POINT OF BEGINNING; thence S64045'50"W 65.03 feet; thence S76058'54"W
76.97 feet; thence N11007'59"W 420.14 feet; thence N78052'01"E 140 00 feet to
' the westerly margin of Russell Road (also known as John Downey Road Number
722 and also known as 541h Place South); thence S11007'59"E, along said
westerly margin, 401.76 feet to the TRUE POINT OF BEGINNING.
Exhibit B - Legal Description for Temporary Construction Easement Area
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 13 of 19
i
Exhibit C
Aerial Photograph with Overlay
Exhibit C - Aerial Photograph with Overlay
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 14 of 19
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Exhibit D
Estimated Construction Costs
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Exhibit D - Estimated Construction Costs
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 16of19
Exhibit D
Estimated Construction Costs
Rtverbend Golf Complex
18 Hole Golf Course Renovation Preliminary Estimated Construction Cost
Green River Levee Project
13-Mar-08
' Prepared by John Steidel, Golf Course Architect
and Original Course Designer of Rtverbend Golf Course
' Renovation of Holes 4 through 9 which are impacted by the Levee Project. $1,800,000
Work is describes as renovating and remodeling the existing Riverbend
18 Hole Golf Course to accommodate the relocation of the Green River
Levee and is described as but not limit to,
Hole No 4-Relocation of the fairway, reconstruction of the fairway
bunkers,addition of greenside bunkering and screening,
modifications to the existing irrigation system, and
relocation of the cart path
Hole No 5-Relocation of the tee, fairway,green, screening, new
irrigation, and relocation of the cart path
Hole No 6-Relocation of the existing tee and green, relocation of the
existing fairway, shaping and remodeling of the approach,
reconstruction of existing fairway bunkers, modification
to the existing irrigation system, protective screening,and
relocation of the cart path
Hole No 7- Relocation of existing tee, relocation and remodeling of
fairway bunkering, addition of approach bunkering,
modifications to the existing irrigation system, and
relocation of the cart path in the tee area
Hole No 8- Relocation of the tee,fairway,green and greenside bunker,
new irrigation, and relocation of the cart path
Hole No. 9- Relocation of the tee, relocation and modification of existing
Fairway bunkering, modification to the existing irrigation
system, and relocation of the cart path
IMeeting and Consulting Fees $10,000
Architectural and Engineering Design Fees $118 800
Preliminary Estimated Construction Cost $1,928,800
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Exhibit E
City Estimated Cost to Reconfigure Golf Course
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Exhibit E - City Estimated Cost to Reconfigure Golf Course r
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 18 of 19
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' Exhibit E
Projected Revenue Impact
Riverbend Golf Complex
Projected Monthly Revenue Impact
' 1-Apr-OB
JAN 1 FEB 1 MAR I APR I MAY I JUNE 1 JULY 1 AUG I SEPT I OCT I NOV I DEC TOTAL
245% 1 338% 1 601% 1 965% 1 1249% 1 324% 1 151D% 433`a 1055°6 654% 1 256% 1 220% 13000'
Greens Fee Revenue 14 6B6 165 394 1 00 629 $159 12 1111110 1212 303 1241 208 1124 81 1161 l55 1117484 159957 136761 11 611111
Rental Revenue $3435 56745 $9561 $78IB $25426 $30822 $3577C $38903 $28C46 S12361 1 $5284 $3518 $2169D0
Pro Shop Sale. $ 764 $2 794 $4 221 1 $6 D46 S8 993 $9 532 $1 D 872 $10 313 S7 596 $4 709 1 $2 563 $1 584 $72 000
Gift Certificate Sales $4165 36596 $1D27 $ 64C5 321233 $22508 $25670 $24361 S'7935 S11'131 56 1,11 13740 $170000
Total Revenue S5 100 1 $9054] $ 11731 1 5400343 $259252 $274B65 1 $313520 1 $297493 52161Q 3135612 $73856 S45603 $2375930
Projected Revenue(30%) S15>Y $24159 $17 420 1 $60 103 a 7 776 1 $82 460 $940561 HI 243 1 565 C30 1 340 702 $22157 1 S13 681 $62'772
Projected Shortfall S35770 1 $56371 1 $87314 $140240 $18 476 1 $112405 $219464 $208245 $153252 1 $9497D $51 6991 53192_1 5 15, 28
September-March $511298
I
1 Kent City Council Meeting
Date May 6, 2008
Category Other Business - 7B
' 1. SUBJECT: DESIGN CONTRACT FOR RIVERBEND GOLF COURSE - AUTHORIZE
2. SUMMARY STATEMENT: The US Army Corps of Engineers has notified King
I County and the City of Kent of its intent to complete repairs, at the Corps
expense, to the Meyers Golf and Narita Levees along the Riverbend Golf Course.
These levee repairs will impact the current layout of the 18-hole golf course and
necessitate the City hiring an architect to provide all of the design for reconfigure-
tion of six (6) holes, bid documents, and support during construction. The Corps'
anticipated timing of the levee repairs does not allow sufficient time for use of the
standard procurement process for an architect This emergency requires the
immediate execution of the work required from the architect.
The architect's work is estimated at $120,000. Under a negotiated Levee
Easement Agreement with the King County Flood Control Zone District, the City
will be compensated for all design work, construction costs, and revenues lost
' during construction when the golf course will temporarily operate with nine (9)
holes. This work will be funded initially through the Public Works Stormwater
Fund, then reimbursed by King County as part of the negotiated agreement.
3. EXHIBITS: None
4. RECOMMENDED BY: Parks Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION: n/
Councilmember � moves, Councilmember seconds
I u vE nAl J�
to find that an emergency xists requiring the immediate hiring of an architect to
' design the Riverbend Golf Course reconfiguration that is needed as a result of the
repair project for the Meyers Golf and Narita Levees; and to authorize the Mayor
to execute a contract with an architect selected by the Parks Department, upon
concurrence of the contract terms by the City Attorney and Parks Director, and
upon execution of the Levee Easement Agreement with the King County Flood
Control Zone District that includes reimbursement of actual costs
DISCUSSION:
' ACTION:
Kent City Council Meeting
Date May 6 2008
Category Other Business
1. SUBJECT: ORDINANCE REVISING NO PARKING ZONE ALONG WEST
HARRISON STREET BETWEEN 2ND AVENUE NORTH AND 4T"
AVENUE NORTH - ADOPT
2. SUMMARY STATEMENT: With the prolonged disruption of the project to
replace the surface parking stalls of the former municipal lot block, the Kent
Downtown Partnership requested the City revise parking on West Harrison
Street between 2nd Avenue North and 4th Avenue North to restore some of the
parking stalls in the interim period until the construction of the parking structure
is completed.
Based on the engineering and traffic investigation, Public Works staff
recommended, as an interim measure, revising the parking code to remove the
parking prohibition on West Harrison Street, to revise the channelization, and to
install signs and pavement markings to yield approximately 26 parking stalls,
retaining the two hour parking restriction as designated in section 9.38.060 of
the Kent City Code.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Department
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
To adopt Ordinance No. `which amends section 9.38.020 of the Kent City
Code to remove the parking prohibition on West Harrison Street.
DISCUSSION:
ACTION:
s
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
9.38.020 of the Kent City Code, entitled "No
parking zones," to remove the parking prohibition
on West Harrison Street.
RECITALS
A. In KCC 9.38.020, the Kent City Council has created a number
of no parking zones throughout the City for various reasons. One of these
no parking zones is for a portion of West Harrison Street. Due to the j
delay in completion of the parking garage at 4t" Avenue North and Smith
Street to replace the surface parking on the former municipal lot block,
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the Kent Downtown Partnership has requested that the City remove the
parking prohibition on West Harrison Street until such time as construction
on the parking garage is complete.
B. City staff has evaluated the Kent Downtown Partnership's
request and proposes the City remove the parking prohibition on West
Harrison Street, revise the channelization, and install signs and pavement
markings. Such revisions will yield approximately 26 parking stalls on
West Harrison Street, subject to the two hour parking restriction
established under KCC 9.38.060(13).
1 Revise No Parking Zone -
West Harrison Street
ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. - Amendment. Section 9.38.020 of the Kent City
Code, entitled "No parking zones," is amended as follows:
Sec. 9.38.020. No parking zones. At such time as the traffic
engineer shall place the appropriate sign or signs, it shall be illegal to park
any motor vehicle or other vehicle, as those terms are defined in Chapter
46.04 RCW, at any time upon and on either side of, unless otherwise
indicated, the following roadways or portions thereof:
1. 1st Avenue North: from the intersection of West James Street to the 1
north end of 1st Avenue North, east side only.
2. 1st Avenue North: from West James Street to West Smith Street.
3. 2nd Avenue North: from West Smith Street to West Harrison Street.
4. 2nd Avenue North: from South 228th Street to south end of street.
5. 4th Avenue North and South: from SR 516/West Willis Street to
South 228th Street.
6. 5th Avenue North: from West James Street to north end of 5th
Avenue North. I
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7. 6th Avenue North: from South 228th Street to south end of street.
8. 6th Avenue South: from West Meeker Street to West Gowe Street.
9. 26th Avenue South: both sides from South 272nd Street to five
hundred (500) feet north of South 272nd Street and on 26th Avenue
South from South 272nd Street to end of 26th Avenue South, east
side only.
10. 27th Avenue South: from South 240th Street to end of 27th Avenue
South.
2 Revise No Parking Zone -
West Harrison Street
11. 27th Place South: from South 259`h Place north to South 256th
Street.
12. 28th Avenue South: from South 240th Street to end of 28th Avenue
South.
13. 30th Avenue South: from South 240th Street to Kent-Des Moines
Road (SR 516).
14. 36th Place South: from South 272nd Street to 35th Lane South.
15. 42nd Avenue South: from Reith Road to South 260th Street.
16. 54th Avenue South: from South 228th Street to South 226th Street.
17. 58th Place South: from Russell Road to South 194th Street.
18. 58th Place South: from South 226th Street to south end of 58th
Place South.
19. 62nd Avenue South: from South 190th Street to South 196th
Street.
20. 64th Avenue South: from south end of road to South 212th Street.
21. 66th Avenue South: from South 196th Street to South 190th Street.
22. 72nd/70th Avenue South: from South 228th Street to South 180th
Street (43rd Avenue South).
23. 74th Avenue South: from South 259th Street to West Willis Street
(SR 516).
24. 76th Avenue South: from South 228th Street to South 212th Street.
25. 77th Avenue South: from South 212th Street to north end of road.
26. 80th Avenue South: from South 180th Street (43rd Avenue South)
to South 196th Street, and 80th Avenue South from South 200th
Street to South 208th Street.
27. 80th Place South: from 80th Avenue South to 84th Avenue South.
28. 81st Avenue South: from South 200th Street to South 196th Street.
29. 83rd Avenue South: from South 228th Street to South 224th Street.
3 Revise No Parking Zone -
West Harrison Street
30. 84th Avenue South/East Valley Highway/Central Avenue
North/Central Avenue South: from South 180th Street (43rd Avenue
South) to the Green River Bridge.
31. 88th Avenue South: from East James Street to South 218th Street.
32. 94th Avenue South: from Canyon Drive to South 240th Street.
33. 97th Place South: from Canyon Drive to 100th Avenue Southeast.
34. 100th Avenue Southeast: from Southeast 248th to the north city €
limits.
35. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to
Southeast 260th Street.
36. 102nd Avenue Southeast: from Southeast 240th Street to the north
end of 102nd Avenue Southeast.
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37. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to '
north city limits.
38. 108th Avenue Southeast: from Southeast 281st Street to Kent-
Kangley Road (SR 516).
39. 108th Avenue Southeast: from Southeast 244th Street to Southeast
236th Place.
40. 109th Avenue Southeast: from Southeast 256th Street to Southeast
248th Street.
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41. 112th Avenue Southeast: from south end of 112th Avenue '
Southeast to Southeast 232nd Street.
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42. 114th Avenue Southeast: from Kent-Kangley Road to south end of
street.
43. 116th Avenue Southeast: from Southeast 227th Place to Southeast '
274th Way.
44. 117th Avenue Southeast: from Southeast 244th Street to end of
street.
45. 118th Court Southeast: from Southeast 244th Street to end of
street.
4 Revise No Parking Zone -
West Harrison Street
46. 119th Court Southeast: from Southeast 244th Street to end of
street.
47. 119th Way/120th Place Southeast: from Southeast 244th Street to
Southeast 244th Street.
48. 120th Avenue Southeast: from the gate on Southeast 268th Street I
to Southeast 270th Street, north and east sides only.
49. 124th Avenue Southeast: from Southeast 248th Street to Southeast
282nd Street.
50. 132nd Avenue Southeast: from Southeast 236th Street to Southeast
288th Street.
51. 140th Avenue Southeast: from Southeast 256th Street to Southeast
260th Street.
52. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to
Southeast 288th Street.
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53. 148th Avenue Southeast: from Southeast 256th Street to Southeast
240th Street.
54. 148th Avenue Southeast/152nd Way Southeast: from North City
Boat Ramp to Kent-Kangley Road (SR 516).
55. 152nd Avenue Southeast/152nd Way Southeast: from Kent-Kangley
Road (SR 516) to SR 18.
56. Alder Lane/South 262nd Street: from Central Avenue South to 500
feet east of Central Avenue South.
57. Cambridge Way: two hundred (200) feet south of South 262nd
Street, west side only.
58. East Canyon Drive: from Hazel Avenue North to 101st Avenue
Southeast.
59. East Gowe Street/West Gowe Street: from Railroad Avenue South to
1st Avenue South.
i
60. East Gowe Street: from Railroad Avenue South to Central Avenue
South, south side only, and from Central Avenue South to j
Kennebeck Avenue South. !,
5 Revise No Parking Zone -
West Harrison Street
61. East Harrison Street: from one hundred forty (140) feet west of 4th
Avenue North to 4th Avenue North, south side only.
62. East Meeker Street/West Meeker Street: from Railroad Avenue
South to 1st Avenue South.
63. East Pioneer Street: from one hundred seventy (170) feet east of
Central Avenue to State Avenue, south side only, and from Central
Avenue South to two hundred (200) feet east of Central Avenue,
north side only.
64. East Pioneer Street: from Railroad Avenue North to Central Avenue
North.
65. East Titus Street: from 3rd Avenue South to 4th Avenue South, 6
north side only; police vehicle parking only.
66. East Titus Street: from West Gowe Street to Reiten Road South,
southeast side only.
67. East Titus Street/West Titus Street: from Railroad Avenue South to
1st Avenue South.
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68. East Titus Street: from East Smith Street to Reiten Road South.
69. Frager Road South: from West Meeker Street to South 204th Street.
70. Interurban Trail Street: from Meeker Street to Smith Street.
71. Kennebeck Avenue South: from East Smith Street to East Ward
Street.
72. Lake Fenwick Road: from South Reith Road to South 272nd Street.
73. Lakeside Boulevard East: from South 240th Street to South 228th
Street.
74. Lakeside Boulevard West: from Lakeside Boulevard East to South
228th Street.
75. Landing Way: from 64th Avenue South to West Valley Highway.
76. Lincoln Avenue North: from West Meeker Street to West James
Street.
6 Revise No Parking Zone -
West Harrison Street
77. Maple Street South: from Woodland Way South to Garfield Avenue
South, south side only.
78. Military Road South/36th Avenue South/Military Road South: from
South 228th Street to South 272nd Street.
79. Novak Lane: from Central Avenue to west end of street.
80. Ramsay Way: from 4th Avenue North to two hundred thirty (230)
feet east of 4th Avenue North.
81. Ramsay Way: from three hundred fifty (350) feet east of 4th
Avenue North to four hundred forty (440) feet east of 4th Avenue
North, south side only.
82. Ramsay Way: from three hundred fifty (350) feet east of 4th
Avenue North to four hundred eighty (480) feet east of 4th Avenue
North, north side only.
83. Ramsay Way: from five hundred twenty (520) feet east of 4th
Avenue North to one hundred fifty (150) feet north of West
Temperance Street.
84. Ramsay Way: from West Temperance Street to West Smith Street.
85. Riverview Boulevard: from South 216th Street to South 232nd
Street. I
86. Russell Road South: from end of street at Green River Trail to West
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James Street.
87. Russell Road South: from South 228th Street to South 212th Street.
88. South 188th Street: from West Valley Highway (SR 181) to 72nd
Avenue South, and South 188th Street from 80th Avenue South to
west end of street at BNSF Railway Company tracks.
89. South 190th Street: from West Valley Highway to 72nd Avenue
South, and South 190th Street from 80th Avenue South to west end
of street at BNSF Railway Company tracks.
90. South 192nd Street: from the west end of the road to 84th Avenue
South.
91. South 194th Street: from 58th Place South to 66th Avenue South.
7 Revise No Parking Zone -
West Harrison Street
92. South 194th Street: from 84th Avenue South to west end of street `
at BNSF Railway Company tracks.
93. South 196th Street/Russell Road/South 200th Street: from SR 167
to Orillia Road.
94. South 200th Street: from 80th Avenue South to 84th Avenue South.
95. South 202nd Street: from 80th Avenue South to west end of street
at BNSF Railway Company tracks.
96. South 204th Street: from West Valley Highway (SR 181 ) to 72nd
Avenue South.
97. South 206th Street: from 72nd Avenue South to 77th Avenue
South.
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98. South 208th Street: from 80th Avenue South to west end of street
at BNSF Railway Company tracks.
99. South 208th Street: from 84th Avenue South to 96th Avenue South.
100. South 212th Street: from west city limits to east city limits.
101. South 216th Street: from 64th Avenue South to 72nd Avenue
South.
102. South 216th Street: from 84th Avenue South to the west end at
BNSF Railway Company tracks.
9
103. South 218th Street: from 84th Avenue South to SR 167.
104. South 220th Street: from West Valley Highway (SR 181) to 72nd {�
Avenue South.
105. South 222nd Street: from west end at BNSF Railway Company
tracks to SR 167.
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106. South 224th Street: from 83rd Avenue South to east end of road.
107. South 226th Street: from 54th Avenue South to 64th Avenue South.
108. South 228th Street: from Russell Road South to 83rd Avenue South.
109. South 231st Way: from Military Road South to Russell Road South.
8 Revise No Parking Zone -
West Harrison Street
110. South 234th Street: from West Valley Highway to east end of street.
111. South 236th Street: from Lakeside Boulevard East to 64th Avenue
South.
112. South 240th Street: from 27th Avenue South to I-5.
113. South 252nd Street: from Canyon Drive (SR 516) to east end of
road.
114. South 256th Street: from 27th Place South east to the traffic control
gate.
115. South 259th Street: from 74th Avenue South to east city limits.
116. South 260th Street/South 259th Place South/Reith Road South:
from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR
516).
117. South 268th Street: from Military Road South to Princeton Avenue
South.
118. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue
South, north side only.
119. South 277th Street and Southeast 274th Way: from Auburn Way
North to 116th Avenue Southeast.
120. South Central Place: from South 266th Street to the end of South ,
Central Place.
121. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to
108th Avenue Southeast, south side only.
122. Southeast 239th Street: from 102nd Avenue Southeast to 104th
Avenue Southeast.
123. Southeast 244th Street: from 120th Avenue Southeast to 116th
Avenue Southeast.
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124, Southeast 248th Street: in front of George Daniels Elementary
School.
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125. Southeast 256th Street: from 101st Avenue Southeast to 148th
Avenue Southeast.
9 Revise No Parking Zone -
West Harrison Street
126. Southeast 260th Street: from 100th Avenue Southeast/97th Place
South to 108th Avenue Southeast.
127. Southeast 264th Street: from 124th Avenue Southeast to 127th
Avenue Southeast, north side only.
128. Southeast 267th Street: from 102nd Avenue Southeast to 104th
Avenue Southeast, north side only.
129. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR
516) to South 272nd Street.
130. West Cloudy Street: from 4th Avenue North to 5th Avenue North.
131. West Gowe Street: from 6th Avenue South to 300 feet east of 6th J
Avenue South.132. West HaFFISen StFeet, tWe hUndFed (200) feet, west of 2nd Avenue
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133. West ' 'affiSOH StFeet: frern one hUndFed seventy (179) feet east e
4th Avenue NeFth te 4th Avenue NeFth.
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1324. West James Street/East James Street/South 240th Street/Southeast
240th Street: from Russell Road to 148th Avenue Southeast.
1335. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th I
Avenue South.
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1346. West Saar Street: from west end of street to 4th Avenue South, i
south side only.
135-7. West Sam Street: from West Valley Highway (SR 181/Washington
Avenue) to end of street.
1368. West Smith Street/East Smith Street: from 64th Avenue South to j
Jason Avenue South.
1379. West Temperance Street: from Ramsay Way to 1st Avenue North.
13848. West Valley Highway South/Washington Avenue j
South/Washington Avenue North/68th Avenue South: from south
city limits to north city limits.
1394-�. West Willis Street/East Willis Street: from 4th Avenue South
to Central Avenue South.
10 Revise No Parking Zone -
West Harrison Street
{
140-2. Woodland Way South: from East Maple Street to the driveway of !
Scenic Hill School.
SECTION 2. - Severabilitv. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK j6
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APPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY
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it Revise No Parking Zone -
West Harrison Street i
PASSED: day of May, 2008.
APPROVED: day of May, 2008.
PUBLISHED: day of May, 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
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12 Revise No Parking Zone -
West Harrison Street
Kent City Council Meeting
Date May 6, 2008
Category Bids - 8A
1. SUBJECT: EARTHWORKS PARK DAM IMPROVEMENTS
2. SUMMARY STATEMENT: The bid opening for this project was held on
April 22, 2008, with eight (8) bids received. The low bid was submitted by Pivetta
Brothers Construction in the amount of $785,459.45. The Engineer's estimate
1 was $791,823.42.
3. EXHIBITS: Public Works Memorandum 4/23/08
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to award the contract for Earthworks Park Dam Improvements project to Pivetta
Brothers Construction, in an amount of $785,459.45 and authorize the Mayor to
sign the contract and all other necessary documents.
tDISCUSSION: V>/O
ACTION: rnC
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 23, 2008
TO: Kent City Councilmembers
THROUGH: Larry R. Blanchard, Public Works Director
FROM: Toby Hallock, Environmental Engineer I
RE: Earthworks Park Dam Improvements
The bid opening for this project was held on Aril 22, 2008 with eight (8) bids
P 9 P J P
received. The lowest responsive and responsible bid was submitted by Pivetta Brothers
' Construction in the amount of $785,459.45. The Public Works Director recommends
awarding this contract to Pivetta Brothers Construction.
' Bid Summary
1. Pivetta Brothers Construction $ 785,459.45
2. SCI Infrastructure, LLC $ 818,101.68
3. Construct Co. $ 820,491.18
4. Advanced Construction Inc. $ 894,018.00
' 5. Road Construction NW, Inc. $ 921,405.34
6. Strouder General Construction, LLC $ 934,240.09
7. Rodarte Construction, Inc $ 984,377.91
8. RW Scott Construction Co. $1,195,370.30
Engineer's Estimate $ 791,823.42
City of Kent Public Works Department
u Apwcommuttcelbidmemo doc
Kent City Council Meeting
Date May 6, 2008
Category Bids - 8B
1. SUBJECT: S. 228TH GRADE SEPARATION AT BURLINGTON NORTHERN
SANTA FE RAILROAD PROJECT
2. SUMMARY STATEMENT: The bid opening for this project was held on
April 28, 2008, with four (4) bids received. The low bid was submitted by Rodarte
Construction in the amount of $9,238,945.29. The Engineer's estimate was
$9,908,017.87.
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3. EXHIBITS: Public Works Memorandum 4/28/08
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4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember90-11TLV'7) seconds
to award the contract for S. 228th Street Grade Separation at Burlington Northern
Santa Fe Railway project to Rodarte Construction, in the amount of
$9,238,945.29 and authorize the Mayor to sign the contract and all other
necessary documents.
DISCUSSION:
ACTION:
PUBLIC WORKS DEPARTMENT
Larry R Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
Fax 253-856-6500
PHONE 253-856-5500
Memorandum
1
' DATE: April 28, 2008
' TO: Kent City Councilmembers
THROUGH: Larry R. Blanchard, Public Works Director
' FROM: Mark Madfai, Project Engineer
RE: S. 228th Grade Separation at Burlington Northern Santa Fe Railway
The bid opening for this project was held on April 28, 2008 with four (4) bids received.
The lowest responsive and responsible bid was submitted by Rodarte Construction in
' the amount of $9,238,945.29. The Public Works Director recommends awarding this
contract to Rodarte Construction.
Bid Summary
1. Rodarte Construction, Inc. $ 9,238,945 29
' 2. Tri-State Construction $ 9,613,343 86
3. Scarsella Brothers, Inc. $ 9,955,902.72
4. ICON Materials $10,250,158.99
Engineer's Estimate $ 9,908,017.87
' City of Kent Public Works Department
u 1pwcommrtteelbidmemo.doc
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' REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
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G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
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KEN T
OPERATIONS COMMITTEE MINUTES
APRIL 1, 2008
Committee Members Present: Tim Clark, Debbie Raplee, and Les Thomas
The meeting was called to order by Chair Tim Clark at 4:02 p.m.
' 1. APPROVAL OF MINUTES DATED MARCH 4, 2008
Les Thomas moved to approve the minutes of the March 4, 2008,
Operations Committee meeting. Debbie Raplee seconded the motion,
which passed 3-0.
' 2. APPROVAL OF VOUCHERS DATED MARCH 15, 2008
Debbie Raplee moved to approve the vouchers dated March 15, 2008.
Les Thomas seconded the motion, which passed 3-0.
3. KENT DOWNTOWN PARTNERSHIP AGREEMENT — AUTHORIZE
1 This is an annual contract with Kent Downtown (dba Kent Downtown
Partnership) to provide direct services to increase economic development of
the Kent downtown core. Services under this agreement include, but are not
limited to, hosting events, marketing downtown properties, fagade
improvements program, developing an improvement plan for downtown
sidewalks, street trees, light posts and to encourage businesses and
' developers to locate in downtown Kent.
Mayor Cooke explained that the Kent Downtown Partnership has been in
existence for decades and that the City has been a member for many years.
She noted that city centers are critical and that it is important to invest in
and partner with this group. It was noted that there is nothing to preclude
East and West Hills from forming a similar group.
Debbie Raplee moved to recommend authorizing the Mayor to sign
' the 2008 annual agreement with Kent Downtown Partnership in the
amount of $33,600.00 for services to increase economic development
in Kent. Les Thomas seconded the motion, which passed 3-0.
'z
Operations Committee Minutes
April 1, 2008
Page: 2
4. POLICE RECORDS MANAGEMENT SERVICES PURCHASING
AGREEMENT WITH HEWLETT-PACKARD ,
John Humphreys with Information Technology explained that the servers in
the Police Department are five years old and that they are normally replaced
every four years. Upon Clark's question, he said these servers are tried and
true, and that no adverse impact on other systems is anticipated.
Les Thomas moved 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.
Debbie Raplee seconded the motion, which carried 3-0.
The meeting adjourned at 4:10 p.m.
Brenda Jacober, CM
City Clerk
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\' City of Kent v K1tNT Parks and Human Services Committee Meeting
w s aro Minutes of March 20, 2008
Call to Order: Debbie Raplee called the meeting to order at 5:00 p.m.
Council Present: Chair Debbie Raplee for Debbie Ranniger, Elizabeth Albertson,
' and Ron Harmon
Item #1• Minutes of February 21, 2008 — Approve
Elizabeth Albertson moved to approve the minutes of February 21, 2008. Ron
Harmon seconded and the motion passed 3-0.
Item #2• Amendment No One to Memorandum of Understanding with Kind
County Regarding the Regional Justice Center - Authorize
Katherin Johnson, Manager of Housing and Human Services explained that
Appendix C to the Memo of Understanding, entitled "Human Services Mitigation
Agreement," was created in an effort to resolve and mitigate the various social,
human service, emergency, and other related services that the parties agreed may
potentially impact Kent due to the operation of the Regional Justice Center and
those released in downtown Kent needing human services. Money was placed into a
i reserve fund to cover these impacts.. The parties, however, have since agreed to
transfer responsibility for managing these resources to King County in accordance
with the MOU and its Appendix C.
Upon full execution of Amendment No. One, Kent will remit to King County's
Department of Community and Human Services the sum of $100,000.00 to support
the employment services program, and the sum of $70,000.00 to King County's
Department of Adult and Juvenile Detention to support the domestic violence
services program. The remaining funds will support various human service
' programs within the City of Kent.
Councilmembers questioned why the decision was made for King County to
administer the funds instead of Kent. Katherin responded that the condition to use
these funds is directed toward public safety programs in King County and not
human services in Kent. Katherin added that a survey was conducted and results
show that human service needs related to the RJC were minimal in Kent. King
County offers more programs than Kent, so the money is better utilized if managed
through King County.
tRon Harmon moved to recommend authorizing the Mayor to sign Amendment No.
One to Memorandum of Understanding with King County regarding the Regional
Justice Center. Elizabeth Albertson seconded and the motion passed 3-0.
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Item #3: United Way of King County Homelessness Grant - Accept and
Amend Budget
Jason Johnson, Human Services Planner reported that King County awarded the
City of Kent Housing and Human Services Division a grant for $17,500.00, through
the Out of the Rain Impact Council, that will compensate staff already taking the
leadership role in planning and coordination of efforts to address homelessness in
South King County. The project is assigned to Jason Johnson and will expand on '
current work progressing in the arena of homeless services. Jason's resource and
referral duties will be assigned to a temporary employee until King County's review
of this project is completed in July 2008. '
Elizabeth Albertson expressed her passion and involvement in resolving homeless
issues in Kent. She stated how thankful and proud she is to be involved with Kent's
programs and the Human Services Commission.
Ron Harmon asked about the plan to end homeless. Katherin responded that the
plan is not done yet, but will be presented at Parks Committee later on. She said
this plan goes further than the previous one -- looking into families and prevention,
with support in areas such as mental health, chemical abuse and job training.
Katherin said that Jason is responsible for bringing prevention to the forefront by
organizing the South King County Homeless Forum.
Elizabeth Albertson moved to recommend accepting the $17,500.00 grant from
United Way of King County in support of coordinating efforts to end homelessness
in South King County, and approving the expenditure of funds in the Housing and
Human Services budget. Ron Harmon seconded and the motion passed 3-0.
Item #4: Future Conversion to Electric Carts at Riverbend Golf Complex -
Informational
Parks Director Jeff Watling and Pete Petersen, Superintendent of the Riverbend Golf
Complex reported that the lease on 50 of the 70 golf carts at Riverbend will expire '
this year and staff will return to a future Committee meeting to request
authorization to extend the lease agreement.
Jeff explained that Riverbend has used gas powered golf carts since the start of '
operation, but staff is looking at converting part or all of the fleet of golf carts to
electric. The project would cost approximately $80,000.00 to run power to the ,
building and would take 40 months to recoup the costs in fuel savings. Riverbend is
a great location to construct solar panels to power the carts, so staff is researching
qualifications for energy grants that could pay for construction of the panels. This
plan is consistent with Council's goal to become more energy efficient.
Elizabeth Albertson said that a new solar energy firm is locating in Washington soon
which could be an advantage for projects in Kent.
Parks and Human Services Meeting Page 2
March 20, 2008
Page 3
Item #5: What's Happening in Parks
Housing and Human Services released the Request for Funding application on
March 12, to non-profits providing services to Kent residents. The applications are
due to the City no later than 4 pm on April 16th. Applications are reviewed by staff
and the Human Services Commission. The Commission makes funding
' recommendations to Mayor Cooke by July I" for inclusion in the budget.
Aquatic Center Steering Committee Meeting March 25, at 7:00 p.m. in City
' Hall Chambers East.
Youth Tree Education Program is March 3-April 18
' • Parks and PW staff have thus far completed 8 of the 23 schools (about 600
Douglas fir and Noble fir potted).
• Goal: plant 2,008 native trees and shrubs in 2008. About 2,300 native trees
and shrubs - 7 species, will actually be planted. For more information,
contact Victoria Andrews, 253-856-5113.
1 Awards at the NW Festivals and Events Conference in Salem, OR. Kent
received four awards and three of them first place. The awards were: first place for
the Spotlight Brochure, first place for the Kent Cornucopia Days Fun Run t-shirt,
First place for the Kent Cornucopia Dragon Boat medal (Kent Lions) and a silver for
the Kent Cornucopia Days Dragon Boat Races poster.
iThe meeting adjourned at 5:49 p.m.
Respectfully submitted,
Teri Petrole, Council Committee Secretary
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Parks and Human Services Meeting Page 3
March 20, 2008
1
PUBLIC WORKS COMMITTEE MINUTES
FOR APRIL 7, 2008
' Committee Members Present: Committee Chair, Deborah Ranniger and
Committee Member Debbie Raplee were present Councilmember Ron Harmon
was absent, due to a scheduled vacation. The meeting was called to order at
5:00 P.M.
1 ITEM 1 — Approval of the Minutes Dated March 31, 2008:
Committee Member Raplee moved to approve the minutes of March 31,
2008. The motion was seconded by Ranniger and passed 3-0, with
Harmon's concurrence.
PULLED FROM THE AGENDA iTEM 2 _..ment .—.._—merit be ft een the
Larry Blanchard, Public Works Director notified committee members that this item
is being pulled from the agenda.
ITEM 3 — 228th Street Grade Separation Public Works Trust Fund Loan:
Tim LaPorte, Deputy Public Works Director explained that the City of Kent applied
for a loan for construction of the S 228th Street Grade Separations through the
Washington State Public Works Board in the amount of $10,000,000.00 for
construction beginning in FY 2008. The City's loan request was successful in
being recommended to the legislature. Mark Madfai stated that in order for the
funds to be dispersed the committee must approve the agreement. It was also
explained that the City competes for these funds statewide, and that the interest
rate is very low, 1/2 of 1% and that we have 20 years to pay it back. Construction
is slated to begin sometime in June of 2008.
' Raplee moved to recommend authorization for the Mayor to sign the
Public Works Trust Fund Loan Agreement, in a sum not to exceed
$10,000,000.00 between the City of Kent and the Public Works Board, for
' the South 228th Street Grade Separation project subject to Certification
by the City Attorney. The motion was seconded by Ranniger and passed
3-0, with Harmon's concurrence.
' ITEM 4 — Information Only/2007 Annual Public Works Report:
Tim LaPorte, Deputy Public Works Director and Don Millett, Operations Manager
gave an informative PowerPoint presentation and short video clip of what Public
Works Engineering and Operations have completed in Just the past year.
iInformation Only/No Notion Required
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PUBLIC WORKS COMMITTEE MINUTES
FOR APRIL 7, 2008
ADDED ITEM 5 — Update-Information Only/Drainage Master Plan: ,
Beth Tan, Sr. Environmental Engineer, P.E., summarized that the City of Kent
staff and their consultants are working toward completing the Drainage Master
Plan for Council Approval in May 2008. At this time, a substantial portion of '
identifying the project workload, mandated program needs, and current level of
service has been established.
Information Only/No Motion Required
Adjourned:
The meeting was adjourned at 6:26 p.m.
Cheryl Viseth ,
Public Works Committee Secretary
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EXECUTIVE SESSION
' ACTION AFTER EXECUTIVE SESSION