HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/20/2009 w
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a;Sw1 t1w 0,
Mayor Suzette Cooke
Debbie Raplee; Council Presi e t
Councilmembers
Elizabeth Albertson Ron Harmon
Ti-m Clark Deborah ,Ran g ni er
Jamie Danielsen Les Thomas.,
KENT
W A S H I N G T O N
- City Clerk's Office
KENT CITY COUNCIL AGENDAS
111-47KENT January 20, 2009
WAS HINGTON Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Jamie Danielson
Ron Harmon Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Annexation John Hodgson 45 minutes
2. Intergovernmental Issues Michelle Witham 10 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
! 1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. National Guard and Military Reservists Statement of Support
D. Flood Response
E. Employee of the Month
F. Introduction of Appointees
G. Public Safety Report and Swearing In Ceremony
H. Presentation to Kent Food Bank
' 5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Scenic Hill Neighborhood Boundary Adjustment Resolution - Adopt
D. Washington Hospitality, LLC, Lease Agreement Amendment for Fire
Creek Grill - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
E. SeaTac Sweeping Services Agreement for Parkin Lot Services -
p 9 9 9
Authorize
F. Sun Life Assurance Company of Canada 2009 Contract - Authorize
G. South County Area Transportation Board (SCATBd) Agreements -
Authorize
H. Fred Meyer Fueling Facility Bill of Sale - Accept
I. S. 203rd Street Short Plat Bill of Sale - Accept
J. Totem Middle School Portables Bill of Sale - Accept
K. Kent South Planned Unit Development ('SPUD") Sanitary Sewers Bill of
Sale - Accept
L. Kent South Planned Unit Development ('SPUD") Watermains Bill of
Sale - Accept
M. Upper Mill Creek Culvert Replacement at SE 2641h Street - Accept as
Complete
N. 2009 King County Public Entity Services Contract - Authorize
O. Appointment to Bicycle Advisory Board - Confirm
P. Kent Land Use & Planning Board Re-appointments - Confirm
7. OTHER BUSINESS
A. Landsburg Mine Update - Information Only
B. Mill Creek Watershed Plan and Update - Information Only
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Property Negotiations
B. Pending Litigation
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) ANNEXATION
2) INTERGOVERNMENTAL ISSUES
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
220 4th Avenue South
Kent, WA 98032
' K E NOT Fax: 253-856-6700
WASNINGTON
PHONE: 253-856-5700
DATE: January 14, 2009
TO. City Council President Debbie Raplee
City Council Members
FROM: Mayor Suzette Cooke
RE: Future Panther Lake Annexation Election
The potential annexation of the Panther Lake area was given the go ahead by the
King County Boundary Review Board ("BRB") on November 14, 2008, when it voted
unanimously to approve Kent's Notice of Intention. No appeals were filed during
the 30-day appeal period and the BRB's decision became final on December 15,
2008.
The next step in the annexation process is the determination of a date for an
annexation election. Two possible election dates are available in 2009. These
dates are May 19 and August 18, 2009. To schedule a May election, the Kent City
Council must set the date by ordinance prior to March 281h; to schedule an August
election, the date must be set prior to May 26th. It appears that the only issue that
needs to be placed on the election ballot is that of annexation: Do residents wish
to annex to Kent or not? The other issue - i.e., the issue of bonded indebtedness -
Is moot since the only outstanding bond issue will be paid off by the effective date
of the annexation.
At your January 20th workshop, staff will discuss with you the process of setting an
election date for the Panther Lake annexation. We will focus on some of the factors
which may bear on this decision such as the annexation budget, the anticipated
availability of county and state incentive funding, and our Law Department's recent
interpretation regarding annexation election procedures. Our goal is to move
forward on annexation with the most up-to-date information so the Council can
make informed decisions on this important strategic plan action.
c: John Hodgson, Chief Administrative Officer
3 Fred N. Satterstrom, Community Development Director
c
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P:\Planningynnex_PantherLakeW nnexaUonElectloncoundimemo011409.doc
3
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MAYOR SUZETTE COOKE
Washington State Boundary Review Board
For King County
1 Yesler Building,Room 240, 400 Yesler Way, Seattle, WA 98104
Phone: (206)296-6800 • Fax: (206)296-6803 - http//www.kingcounty.gov/annexations
November 14, 2008
City of Kent
Attn: William Osborne, AICP
Community Development Department
220 Fourth Avenue South
Kent, WA 98032
RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION
File No. 2284 - City of Kent - Panther Lake Area Annexation
Dear Mr. Osborne:
We are writing to advise you that the Washington State Boundary Review Board for King
County has now completed the Resolution and Hearing Decision, as specified in RCW 36.93, to
approve the above referenced proposed action filed with the Board effective: September 5
2008.
The Resolution and Hearing Decision for this action is enclosed for filing as prescribed by RCW
36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW
36.93.160. The appeal period to Superior Court will close on December 15, 2008..
In order to finalize the proposed action, the applicant must address the following requirements,
where applicable:
1. Compliance with the statutory requirements and procedures specified in the Notice of
Intention;
2. Sewer and Water district actions and some other actions are also subject to approval by
the Metropolitan King County Council. If the Council makes changes to the proposal, the
Board may then be required to hold a public hearing.
3. Filing with King County of franchise application(s), as required, accompanied by a copy
of this letter.
4. Filing with King County of permit application(s), as required, accompanied by a copy of
this letter.
Page two continued, November 14, 2008
Form HE8
5. Notification to King County Office of Regional Policy and Planning, in writing, of your
intended effective date of this action. This notification should be provided as early as
possible. Please send this information to Gwen Clemens, Office of Management and Budget,
701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and
6. Filing with King County Council of: (1) one certified copy of your final resolution or
ordinance accomplishing this action; and (2) a copy of this letter. This document should be
filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room
1025, Seattle, Washington 98104
If you have questions or would like additional information, please contact our office at j
206.296.6800.
Sincerely,
Lenora Blauman
Executive Secretary
Attachment: Resolution and Hearing Decision
Cc: Ms. Anne Noris, Clerk of Council
Ms. Debra Clark, King County Department of Assessments
Ms. Lydia Reynolds-Jones, Manager, Project Support Services
Mr. Dave Wilson, Elections Division
Mr. Paul Reitenbach, Department of Development & Environmental Services
Ms. Gwen Clemens, Office of Management and Budget
King County E-911 Program
Cities: Covington and Renton
District(s): Soos Creek Water and Sewer District, Cedar River Water and Sewer
District, Covington Water District; King County Fire Protection District
Nos. 37 and 40, Maple Valley Fire & Life Safety (No. 43) and Mountain
View Fire &Rescue (No. 44); Kent School District No. 415
PROCEEDINGS OF THE
WASHINGTON STATE BOUNDARY REVIEW BOARD
FOR KING COUNTY
RESOLUTION AND HEARING DECISION
IN RE: CITY OF KENT FILE NO.2284
Panther Lake Area
Proposed Annexation
King County,Washington
I. PUBLIC HEARING OVERVIEW
In September of 2008 the City of Kent filed a Notice of Intention (File No. 2284) to annex 3345 acres,
described as the.Panther-Lake Area. This Notice was based upon a. Resolution adopted by Kent City
Council approving a plan to incorporate the Panther Lake Area into the community.•City officials reported
that the -proposal to annex the Panther Lake Area was made in response to a petition from citizens
seeking to annex to the City of Kent.
The Panther Lake Area is located on the eastern edge of the City of Kent. The Panther Lake Area is an
unincorporated territory located on the northeastern boundary of the City of Kent. The northern boundary
of the site is formed by the City of Renton with the northernmost boundary located at South 192"d Street.
The proposed annexation area is bordered on the west by the City of'Kent with the westernmost
boundary generally following 951h Avenue South. Similarly the site is bouhded,on,the,south by the City of
Kent with the greater ortion of the southernmost boundary generally following_South 2361h Street (with a
small point at SE 240�'Way). The site's eastern boundary is formed byGary Graht/Soos Creek Park and
adjacent Unincorporated King County.
The City of Kent invoked jurisdiction at the same time it filed the Notice of Intention. Its purpose in
invoking jurisdiction was to provide citizens an independent forum to obtain information and comment
upon the proposed Panther Lake Area Annexation.
The Resolution for the Panther Lake Area calls for an election to permit the citizens within the Panther
Lake Area to ultimately decide whether or not to join the City of Kent.
The Board',held a public hearing on October 28, 2008 to consider the,proposal by, the City of Kent to
annex the Panther Lake Area (3345 acres).
The Board reviewed File No. 2284 in accord with RCW 36.93. (Local Governments — Boundaries —
Review Boards). The Board directed particular attention to RCW 36.93.170 (Factors) and RCW
36.93.180 (Objectives). The Board also considered RCW 36.70.A,the Growth Management Act, the King
County Comprehensive Plan, the City of Kent Comprehensive Plan, together with other applicable state,
regional, and local regulations and guidelines.
The Board finds that the record for File No. 2284 contains sufficient documentation (e.g., technical data,
fiscal data), evidence of community information programs, and certification of•petitions and/or legislative
action to complete its review of the Panther Lake Area Annexation.
On the basis of the testimony, evidence and exhibits presented at said hearing, and the matters on record
in said File No. 2284, it is the decision of the Board to approve the action proposed in said Notice of
Intention. The legal description of the Panther Lake Area is attached hereto and marked as "Exhibit I",
together with a map showing the boundaries of the area herein marked as"Exhibit Il."
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II. FINDINGS
RCW 36.93.170 FACTORS AFFECTING THIS PROPOSAL
The Board finds the following Factors (RCW 36.93.170) to be applicable to the City of Kent's proposed
Panther Lake Area Annexation (approximately 3345 acres). Additional authorities applicable to the
Panther Lake Area include, but are not limited to: RCW 36.70A, RCW 35.13, King County
Comprehensive Plan/Countywide Policies, the Kent Comprehensive Plan and its enabling regulations
(e.g,, zoning code). These State and local authorities are intended to ensure reasonable development
regulations and adequate public services to local communities.
A brief review of key issues related to each applicable element is presented below:
RCW 36.93.170(1)POPULATION AND TERRITORY
The Board finds the following factors to be applicable to this matter: Population Density/Proximity to Other
Populated Areas/Land Area/Land Uses; Comprehensive Land Use Plans; Topography, Natural
Boundaries and Drainage Basins; Likelihood of Significant Growth in the Area During the Next Ten Years;
and 'Population' Density/Proximity to Other Populated Areas/Land Area/Land Uses. The following is a
brief review of,key issues related to these factors.
The Panther Lake Area lies within the Urban Growth Area established by King County. The'King County
Comprehensive Plan contemplates transfer of the Panther Lake Area to a local jurisdiction. County
Policy LU-31 requires cities to designate potential annexation areas to include adjacent urban lands and
eliminate unincorporated Islands between cities. Policy LU-32 encourages cities to annex designated
areas into city boundaries. King County Comprehensive Plan/Countywide Policies call for contiguous
orderly growth of local jurisdictions (e.g., U-304, U-208, U-301, U-304.) Policies also establish cities as
the providers of local governance, community planning, and urban services (e.g., FW-13, CO-1, CO-3;
LU-31 -LU-34, LU-36).
The Panther Lake Area would incorporate into the City of Kent all of those lands within the Urban Growth
Boundary described in jurisdiction's Potential Annexation Area.
The Kent Comprehensive Plan "Annexation Element" addresses the Panther Lake Area. The Panther
Lake Area is included in the"Annexation Element"of the City of Kent Comprehensive Plan and lies within
the City's Potential Annexation Area. The Panther Lake Area Annexation is consistent with City's
Comprehensive Plan policies supporting inclusion of urban areas within the City for local governance.
The community is unified with respect to its specific physical elements (e.g., geographic features) and
social elements.
The Panther Lake Area will likely experience continuing urban growth over the next ten years. This Area
is an urban community that is substantially developed with single-family homes, There is remaining land
that is suitable and permitted for redevelopment/new development with residential uses. There is
sizeable commercial property within Panther Lake Area boundaries. Public facilities and open spaces are
present in the Panther Lake Area.
The City of Kent Comprehensive Plan provides for the commitment and the resources to govern the
Panther Lake Area. The Plan provides for growth at urban levels of density generally consistent with the
existing built environment and the natural environment. The City will develop specific land use/zoning
designations and zoning for this community to permit future residential development that will be generally
similar to and essentially compatible with existing density/design standards for residential uses,
commercial uses, and public facilities/open spaces permitted in Panther Lake. With annexation of the
Panther Lake Area, there would be an opportunity to immediately implement consistent and coordinated
development standards throughout the community.
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Under the City's Comprehensive Plan, citizens of the Panther Lake Area will be provided with a full array
of uniform public services,facilities and infrastructure.
The Panther Lake Area contains environmentally sensitive features (e.g.,
water bodies; watershed;
wetlands; variable topography, drainage basins, natural habitat). Most notably, the Annexation Area
includes Panther Lake and Big Soos Creek, Regional Park. Portions of the environmentally sensitive
lands require planning and management to ensure the protection of these critical areas. The Kent
Comprehensive Plan provides support for the natural environment within the Panther Lake Area through
guidelines and regulatory controls (e.g., critical areas ordinances; open space preservation; storm
water/flood control programs)designed to protect sensitive areas.
in
Similarly, the Panther Lake Area AnneSei�ioCe would
are available fort with policies suportg development at upban densities in
areas where urban infrastructure and
areas contiguous to City boundaries (e.g., Annexation Policies and Land Use Policies). The Kent
scia
Comprehensive Plan includes policies addressing land development, service provision,
26 3 LU-26tuaI6;LUl
and economic benefits (e.g., LU-1.1; LU-1.4; LU-2, LU-6.1, LU-9, LU-13, LU-25.8; ,
31.5, LU-31.6, P&OS-2.1, CF-1,CF-1.3, CF-2, CF-2.3)applicable to the Panther Lake Area.
The State Growth Management Act (RCW 36.70A) also supports the Panther Lake Are Aing goals.
The proposed action would be consistent with RCW 36.70.20 which calls for community p
for urban growth, services and infrastructure, and environmental preservation.
RCW 36.93.170(2),MUNICIPAL SERVICES
The Board finds the following factors to be applicable: need for municipal services;
cost and of ordi an es,
governmental codes, regulations and resolutions on existing uses; present
Of
governmental services and controls in area; probable future need for such services; costs; effect on the
finance, debt structure and, contractual obligations; and prospects of government services from other
sources, and rights of other affected governmental units. Following is a brief review of key issues related
to these factors:
The evidence shows that the Panther Lake Area is an urban community requiring municipal services and
facilities. Service goals and policies for urban areas are established by the State Growth Management
Act and King County Comprehensive Plan. For example, King County FW-13 states that cities are the
appropriate provider of local urban services to Urban Areas. Policies LU-27, LU-31, LU-32, CA-9, CA-10,
U-205, and U-208 call for jurisdictions to plan for and coordinate land designations, land uses, and
services. Further, annexation is appropriate under Countywide Policy CO-1, when a jurisdiction has
"identified and planned for(a)full range of urban services:'
the City of Kent has
Consistent with the State Growth Management Act and the King Count
Comprehensive Service Plans,
developed policies — through the City's Comprehensive Land Use Plan,
and other regulatory authorities—for provision of services to all properties within its corporate boundaries.
Upon annexation, the City of Kent would include the newly incorporated area in the municipality's Service
Area. The City of Kent will provide (directly or by contract)a full array of public services.
More specifically, upon annexation, the City of Kent will include Panther Lake properties in its Service
Area under unified regulatory authorities administered by a single local government unit. The City plans
to provide services to the Panther Lake Area either directly or by contract with other providers.
The City of Kent will assume responsibility for land use management through the City's Comprehensive
Plan and land use regulations. The City of Kent will assume responsibility for protection of
environmentally sensitiv
yeas (e.g., Panther
M -Lake; ent/Plannt/Sal s Creek)through the Comprehensive
Plan, Critical Areas Ordia
The City will assume responsibility for provision and management of capital facilities (e.g., roadways,
parks/recreation areas). Acquisitions and improvements will be identified by means of a priority listing
which reflects both necessity(i.e., public health, welfare and safety)and the interests of the citizens.
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Police
The City will assume responsibility for providing police services through the Kent P Department and
will continue to contract with King County Fire Protection District No. 37 to provide fire/emergency
services to the Panther Lake Area.
Soos Creek Water and Sewer District and the City of Kent will continue to provide water services and
wastewater treatment services to the area. The City will provide for a storm water management system.
The City will provide for law and justice services and a full range of human services. Libraries would be
available to residents. Local/regional recreation facilities would be available to community members. The
Kent School District would continue to administer school assignments.
The Board finds that the City of Kent has prepared a Fiscal Feasibility Study which examined
revenues/expenditures relating to governance and service of the Panther Lake Area. Sufficient funds are
available both at current development and at full 'development to provide a full array of services/facilities
to the community.
More specifically, the City has developed a basic plan to provide Panther Lake Area citizens with public
services/facilities in a manner equivalent to the services/facilities provided to citizens within the existing
City of Kent. Panther Lake Area residents would be provided services, infrastructure, and facilities at a
basic level immediately upon incorporation. The City is committed to undertaking all necessary steps to
ensure equivalent levels of service for the Panther Lake Area both at current development and as the
community experiences growth.
Fiscal Feasibility Study findings indicate that a substantial portion of the costs for governance and
services will be essentially offset by property taxes, standard service fees, and other revenues based on
population. Panther Lake citizens would be assessed reasonable taxes and fees for both basic and
enhanced services/facilities. For example, upon annexation, property owners will assume their share of
the regular and special'levy rate of the City for capital facilities and public services.
The Fiscal Feasibility Study finds that the City realizes an estimated $7,883,877 in revenue from a variety
of taxes and fees-provided in conjunction with the Panther Lake Annexation. The City would experience
a first year annual cost of$5,041,592 to govern and serve the Area at a level equivalent to that available
to the currently incorporated community.
Study findings report that the-citizens of Panther Lake will support annexation, in part, through property
taxes, standard service fees, and other revenues based on population. For example, upon annexation,
property owners will assume their share of the regular and special levy rate of the City for capital facilities
and public services. However, under the jurisdiction of the City of Kent, Panther Lake Area residents are
estimated to save approximately$37.00 per year as compared to taxes and fees paid to King County.
The anticipated revenue, together with an estimated $6,025,000 to be provided to the City of Kent by the
State of Washington pursuant to SSB 6686 (sales tax of up to 0.2% of sales tax revenue), would
reportedly more than offset the expenditures that will occur with annexation of Panther Lake. By law,
Kent must commence annexation before January 1, 2010 in order to qualify for those funds.
Thus,the Panther Lake Area would cause no significant impacts to City finances, debt structure, or rights
of other governmental units at the time of annexation. Further, the City is prepared to provide
improvements to levels of service over time as required to meet the needs of the.community and as
permitted by available resources.
With annexation to Kent, all services for the Panther Lake Area reportedly will be efficiently coordinated
under unified regulatory authorities administered by a single local government unit. Services would be
equal to—or improved from—the services currently provided by King County.
King -County supports annexation of the Panther Lake Area. This action creates a logical municipal
service area. The City can provide more cohesive policies, standards, programs, cohesive operations,
and efficient, economic control of services. Thus, services will be more effective, more efficient, and less
costly to both government and citizens of the Panther Lake Area.
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RCW 36,93.170(3) Effects of Proposal
The Board considers mutual economic and social interests, and local government structure effects to be
applicable to the City of Kent Panther Lake Area Annexation. Following is a brief review of key issues
related to these factors.
The evidence shows that the City of Kent has mutual social and economic links between the jurisdiction
and the adjacent Panther Lake Area. Citizens of Panther Lake utilize facilities in the City of Kent —
including libraries, schools, parks and recreation programs. Citizens shop in Kent and use professional
services (e.g., medical care, personal care) in the City. Sales and business taxes will benefit both
communities. Citizens travel local and arterial roads through the City. Utility services are coordinated
under the aegis of a range of regional service providers.
Coordinated integration of citizens of the Panther Lake Area into Kent would preserve social organization,
support economic health, and protect public safety and welfare.
The City of Kent Comprehensive Plan encourages local governance of communities. With annexation,
citizens would participate in local governance including land use planning, service planning, fiscal
planning and planning for public amenities to serve the community. Kent officials testified that the City is
prepared to govern and to provide full services to this community.
King County Comprehensive Plan/Countywide Planning Policies encourage local governance of
communities. Annexation of the Panther Lake Area is also consistent with the King County Annexation
Initiative,which calls for transfer of urban lands to local jurisdictions at the earliest feasible date.
City representatives provided basic fiscal analyses related to the proposed Panther Lake Annexation.
Studies particularly emphasized fiscal analyses (including an examination of benefits and costs) attendant
upon providing immediate governance and service to the Panther Lake Area at a level equivalent to those
benefits provided to the existing City of Kent.
The City is committed to taking the necessary steps (e.g., community planning, hiring staff members) to
ensure equivalent levels of service for the Panther Lake Area both at current development and at
estimated maximum development. For example, Panther Lake Area residents would receive basic
services_ (e.g., infrastructure)and amenities immediately upon annexation. The City will provide for parks,
surface water management facilities, ground water facilities, and other similar facilities. Additional
improvements to levels of service would occur'over time to address community interests and as permitted
by available resources.
Study findings show that the governance and service of Panther Lake will be funded, in part, through
property taxes, standard service fees, and other revenues based on population. For example, upon
annexation, property owners will assume their share of the regular and special levy rate of the City for
capital facilities and public services. Findings from the Fiscal Study provide reasonable assurance that
existing and anticipated municipal funds, together with regional funds, and state funds (e.g., sales taxes
available pursuant to SSB 6686), will provide sufficient resources to assure,governance of the Panther
Lake Area in a manner that will address impacts on cost and adequacy of services, finances, debt
structure, and rights of other governmental units.
CONSISTENCY WITH THE GROWTH MANAGEMENT ACT
RCW 36.93.157 mandates that Boundary Review Board decisions must be consistent with three sections
of the Growth Management Act:
• RCW 36.70A.020 Planning Goals
• RCW 36.70A.110 Urban Growth Areas
• RCW 36.70A.210 Countywide Planning Policies
S
KeyGrowth Management Act policies that guide the provision of public services and that are relevant to
9 p 9
the proposed Panther Lake Area include:
■ RCW 36.70A.020 (1) Urban Growth: Encourages development in urban areas where adequate public facilities
and services exist or can be provided efficiently.
• RCW 36.70A.020 (2) Reduce Sprawl: Reduce inappropriate conversion of undeveloped land into sprawling low-
density development.
• RCW 36.7,0A.020,(10)Environment:Protect and enhance the environment and quality of life.
• RCW 36.70A.020 (11) Citizen Participation and coordination in the planning process,and ensure coordination
between communities/jurisdictions to reconcile conflicts.
■ RCW 36.70A.020 (12) Public Facilities and services: Ensures that adequate public services and facilities are
available to serve land developments.
• RCW 36.70A.110(1/6),calls for each county to designate an urban growth area.
■ RCW 36.70A.110(3)directs urban growth to areas with existing or available public services and facilities
■ RCW 36.70A.110(4)states that"(m)general,cities are the units of local government most appropriate to provide
-urban ...services."
• RCW 36.70A.210(1)calls for cities to be primary providers of governmental services In urban growth areas.
Annexation of the Panther Lake Area into the City of Kent meets Growth Management Act criteria for
governance of urban areas. This action is supported by the provisions of RCW 36.70.A which require
community planning goals for urban growth, services and infrastructure, and environmental preservation.
For example, the proposed Panther Lake Area Annexation is consistent with RCW 36.70A.020 (1),
encouraging development in urban areas where there are adequate public services.
The Panther Lake Area Annexation is also consistent with RCW 36.70A.020 (12), which .calls for
public services to support permitted development. Annexation would also permit urban growth —
and protection of environmentally sensitive areas—as envisioned in the Growth Management Act.
RCW 36.93.180 OBJECTIVES
The Boundary Review Board has considered RCW 36.93.180 (Objectives), with respect to the Panther
Lake Area Annexation as follows:
RCW 36.93.180(1)PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES
The Board finds that the Panther Lake Area is a "neighborhood" as that term is defined by case law, as
"either geographically distinct areas or socially... distinct groups of residents". The Panther Lake Area, in
its entirety, exhibits many features that support its link with the City. The communities are characterized
by similar and linked built environments and natural environments(e.g., Gary Grant/Soos Creek Parks).
- The citizens of both communities share similar demographic, social, and economic profiles. Residents of
the City and the Panther Lake Area use common community facilities — e.g., schools, roadways,
community centers, shopping centers, parks, and recreation facilities.
The City of Kent Comprehensive Plan anticipates annexation of the Panther Lake Area. The City
includes the Panther Lake Area in its Potential Annexation Area. The Panther Lake Area is included in
community planning programs to enable the City to guide growth and to provide coordinated services.
The inclusion of a sizeable area and population serves to create a coordinated community and
encourages a more effective connection to the City of Kent. Annexation will allow the City of Kent to
guide synchronized community development in a manner which considers both built lands and the critical
natural areas.
Kent officials are committed to providing Panther Lake Area citizens with a voice and a vote in planning
for the future development of the built community and preservation of environmentally sensitive areas.
City representatives demonstrate plans to effectively govern and serve this area as a part of a unified
community.
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King County officials support the annexation of the Panther Lake Area citing that this action would be
consistent with state, regional and local guidelines. The County has indicated a preference for immediate
annexation of urban areas to provide uniform governance for citizens of the Panther Lake Area.
Annexation would permit the City of Kent to establish land use designations and zoning standards for
Panther Lake. Under City of Kent regulations,the Panther Lake Area would be proposed to continue as a
predominantly residential community with designations and zoning similar to that existing under King
County. The City of Kent is prepared to provide development review and environmental review (e.g.,
protection of slopes, sensitive areas, and stormwater management) to the Panther Lake Area based upon
local, regional and state regulations to support preservation of this community. Additionally, the City of
Kent would continue to support various commercial uses and public uses in the Panther Lake Area.
RCW 36.93.180 (2) USE OF PHYSICAL BOUNDARIES, INCLUDING BUT NOT LIMITED TO BODIES OF WATER,
HIGHWAYS,AND LAND CONTOURS
The proposed Panther Lake Annexation Area Is contiguous to the southeastern border of the City of Kent.
Other Panther Lake boundaries are formed by the Urban Growth boundary line and the City of Renton.
Although the Panther Lake Area possesses a rather unusual configuration, the lands within these borders
complete the annexation of the Panther Lake Potential Annexation Area and are specifically established
for annexation by Kent under the City's Comprehensive Plan (approved by the State of Washington.)
Therefore, the Board finds that the lands within the Panther Lake Area Annexation would create (or
enhance)clear physical boundaries.
"Social neighborhoods" may also be the basis for boundaries. The evidence shows that the Panther Lake
Area shares a social affiliation with the City of Kent. As such annexation of the Panther Lake Area would
further the establishment of a cohesive community.
The Panther Lake Area annexation is consistent with the King County Comprehensive Plan as this action
achieves progress toward incorporation of the greater unincorporated area in King County.
Annexation of the Panther Lake Area advances the planning goals established by the State Growth
Management Act for providing local governance to unincorporated urban territories.
RCW 36,93.180(3)CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS
The City of Kent Comprehensive Plan (including the Land Use Plan, Comprehensive Sewer and Water
Plans, Transportation Element, Comprehensive Storm Water Management Plan)identifies the City as the
provider of services for the Panther Lake Area. Annexation of the Panther Lake Area into the City of Kent
will advance the creation and preservation of logical service areas.
The Panther Lake Annexation creates and preserves logical service areas by including a greater number
of properties in the City's service area. Annexation of the Panther Lake Area will enable design and
implementation of efficient, consistent, consolidated 'service programs throughout the greater community.
More specifically:
- The City of Kent will directly provide or will contract with the King County Fire Protection District No.
37 to provide fire protection and emergency services. Services benefits and costs management have
been designed based upon currently available municipal funding and future funding as projected in a
fiscal analysis.
- The City of Kent will provide directly or by contract with Soos Creek Water&Sewer District for water
service, wastewater treatment, and for storm water management. The City will coordinate stormwater
services consistent with King County standards. Specific systems/facilities will be designed to
address both the natural environment (e.g., basins, terrain) and the built environment (e.g.,
structures, roadways).
- City parks, recreation facilities, libraries and other community services would be available to the
citizens of the Panther Lake Area. Children would continue to attend schools in Kent School District
No. 415.
7
_ water drains and other right of way features are generally full
Roadways (including streets, storm g Y ) 9 Y
operational. Funding is planned from various existing taxes and fees as well as anticipated sources
(e.g., grants, development impact fees) for anticipated routine upgrades and maintenance and for
future upgrades to facilities.
City officials have demonstrated that provision of public services to the Panther Lake Area would be
improved by placing the entire area under a single municipal jurisdiction. Synchronized services and
facilities (e.g., emergency services, water service, storm water and surface water management systems,
wastewater treatment)will promote protection of the built environment and the natural environment.
King County strongly supports annexation of unincorporated urban areas like the Panther Lake Area to
provide citizens with more effective, efficient governance. Countywide Planning policies encourage
cities to annex (and provide services to) territory within their designated potential annexation area.
Other policies establish cities as the appropriate units to govern, develop, and serve Urban Areas.
The County lacks sufficient resources to manage land uses or serve properties in these urban areas.
The State Growth Management Act identifies cities as the logical providers of local governance and urban
services.
RCW 36.93.180(4)PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES
The evidence shows that incorporation of the Panther Lake Area would provide a reasonable and regular
boundary consistent with the Kent Comprehensive Plan Annexation Element. The proposed boundaries
of the Panther Lake Area are not geometric in form; however, these boundaries do provide regularity
based upon the fact .that the borders of the Panther Lake Area are consistent with the Kent Potential
Annexation Area. Similarly, the Panther Lake Area boundaries coincide with the established Urban
Growth Area boundary and with the duly approved incorporated boundaries of the City of Kent.
The Board finds that annexation of the Panther Lake Area to Kent is consistent with the intent of this
criterion to achieve the boundaries necessary to facilitate coordinated land uses and provide for more
effective, efficient services to the community.
Further, under the King County Comprehensive Plan and the State Growth Management Act, the Panther
Lake Area, as an unincorporated urban community, is encouraged to annex to a local jurisdiction. The
Panther Lake Area, as an unincorporated community,does not benefit from effective governance.
RCW 36.93.180(5)DISCOURAGEMENT OF MULTIPLE INCORPORATIONS
The Board finds that both the State Growth Management Act and the King County Comprehensive Plan
encourage governance of urban areas by local jurisdictions. Annexation to achieve local governance is
preferred over incorporation of new communities. 'Annexation of Panther Lake to the City of Kent would,
therefore, be consistent with RCW 36.08.180(5).
RCW 36.93.180(6)DISSOLUTION OF INACTIVE SPECIAL PURPOSE DISTRICTS
RCW 36.93.180(6) is not applicable to File No.2284.
RCW 36.93.180(7)ADJUSTMENT OF IMPRACTICAL BOUNDARIES
The Board finds that the proposed Panther Lake Area comprises a sizeable area of unincorporated land.
Annexation 'of the Panther Lake Area to the City of Kent would create more reasonable and practical
boundaries necessary to achieve the preservation and coordinated governance of the community. More
specifically, with annexation, the Panther Lake Area'— including the built environment and linked natural
environment — will be placed under City jurisdiction, thus creating more practical boundaries for the
effective local governance, directed planning activities (e.g., establishment of uniform land uses and
development standards); preservation of environmentally sensitive areas; and the provision of
coordinated public facilities and services.
8
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RCW 36.93.180(8) INCORPORATION AS CITIES OR ANNEXATION TO CITIES OF UNINCORPORATED AREAS WHICH
ARE URBAN IN CHARACTER
The Board flnds that annexation of the Panther Lake Area into the City of Kent is based upon the location
of this territory within the Urban Growth Area established by the King County Comprehensive Plan. The
"Urban" designation established for the Panther Lake Area is also supported by the State Growth
Management Act.
The City of Kent Comprehensive Plan includes the entire Panther Lake Area in its Potential Annexation
Area. Annexation of the Panther Lake Area into Kent will promote uniform governance, development,
and services appropriate for this urban territory. Coordinated governance and services should
immediately benefit Panther Lake Area citizens. At annexation, Panther Lake Area citizens will be
notified of—and invited to participate in the planning of--future improvements to the community.
RCW 36.93.180 (9) PROTECTION OF AGRICULTURAL AND RURAL LANDS FOR LONG TERM PRODUCTIVE
AGRICULTURAL/RESOURCE USE
RCW 36.93.180 (9) is not applicable to File No. 2284 as the Panther Lake Area lies In the Urban Growth
Area as established for King County.
III. BOUNDARY REVIEW BOARD FINDINGS AND DECISIONS
The Boundary Review Board conducted review and deliberation of File No. 2284 based upon the record
of written documents and oral testimony, in keeping with applicable state, regional and local regulations.
The Board focused upon RCW 36.93 (Boundary Review Board Enabling Act); RCW 36.70A (Growth
Management Act); King County Comprehensive Plan/Countywide Policies; City of, Kent Comprehensive
Plans, RCW 35.13 (Annexation of Cities); and other relevant regulations and guidelines. As prescribed
by statutory mandate, the Boundary Review Board considered the following options:
■ The Panther Lake Area Annexation could be approved as submitted by the City of Kent, if this
action advances the provisions of RCW 36.93 and other applicable regulations (e.g., State Growth
Management Act, King County Comprehensive Plan, Kent Comprehensive Plan).
■ The Panther Lake Area Annexation could be modified, if this action advances the provisions of
RCW 36.93 and other applicable regulations (e.g., State Growth Management Act, King County
+ Comprehensive Plan, Kent Comprehensive Plan).
■ The Panther Lake Area Annexation could be denied in its entirety if annexation is found to be
inconsistent with RCW 36.93 and other applicable regulations (e.g'., Chapter 36.70A RCW, King
County Comprehensive Plan, City of Kent Comprehensive Plan).
The Board finds that the record for File No. 2284 is detailed and extensive. Affected parties have
provided considerable materials supporting their positions. The Board reviewed the entire record to reach
its decision for the proposed Panther Lake Area Annexation. The Board finds that the City of Kent's
proposed annexation of the Panther Lake Area is consistent with the provisions of Chapter 36.93 RCW.
By way of example, but not limitation:
■ The Panther'Lake Area Annexation addresses criteria established in RCW 36.93.170 with respect to
population, territory, comprehensive planning, land uses, natural environment, service needs and
service capacity, and mutual social and economic needs.
• Additionally, the proposed Panther Lake Area was evaluated according to the criteria established in
RCW 36.93.180 as follows:
RCW 36.93 PANTHER LAKE AREA(3345 ACRES)
OBJECTIVE 1 - PRESERVATION OF NATURAL ADVANCES CRITERION AS ANNEXATION INCLUDES ALL
NEIGHBORHOODS AND COMMUNITIES PROPERTIES IN A NATURAL COMMUNITY
OBJECTIVE 2-USE OF PHYSICAL BOUNDARIES ADVANCES CRITERION AS IT IS CONSISTENT WITH
ESTABLISHED COMPREHENSIVE PLAN BOUNDARIES
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1
1
RCW 36.93 PANTHER LAKE AREA(3345 ACRES)
OBJECTIVE 3 — CREATION AND PRESERVATION OF ADVANCES CRITERION AS KENT CAN SERVE ENTIRE
LOGICAL SERVICE AREAS AREA TO PROTECT PUBLIC WELFARE.
OBJECTIVE 4 — PREVENTION OF ABNORMALLY ADVANCES CRITERION AS REGULAR BOUNDARIES
IRREGULAR BOUNDARIES SUPPORT A UNIFIED COMMUNITY AND STREAMLINE
SERVICE PROVISION
OBJECTIVE 5 — DISCOURAGEMENT OF MULTIPLE DOES NOT APPLY
INCORPORATIONS
OBJECTIVE 6 — DISSOLUTION OF INACTIVE SPECIAL DOES NOT APPLY
PURPOSE DISTRICTS
OBJECTIVE 7 — ADJUSTMENT OF IMPRACTICAL ADVANCES CRITERION AS PRACTICAL BOUNDARIES
BOUNDARIES ARE CREATED TO SUPPORT A UNIFIED COMMUNITY AND
TO STREAMLINE SERVICE PROVISION
OBJECTIVE 8 — INCORPORATION ...OR ANNEXATION ADVANCES CRITERION AS THE ENTIRE DESIGNATED
TO CITIES....OF UNINCORPORATED URBAN AREAS URBAN AREA IWILL BE INCORPORATED INTO A LOCAL
JURISDICTION,
OBJECTIVE 9— PROTECTION OF AGRICULTURAL AND DOES NOT APPLY
RURAL LANDS...
■ State Growth Management Act (Chapter 36.70A RCW) policies call for logical and orderly growth.
The Board finds that ,annexation of the Panther Lake Area advances the provisions of the RCW
36.70A by providing for effective local governance.
■ The King County.Comprehensive Plan/Countywide Policies and the Kent Comprehensive Plan also
contemplate logical and orderly growth of communities. These County and City plans support local
governance to assure balanced, sound, cost-effective governance for this community.
The Board finds that the proposed Panther Lake Area Annexation achieves the provisions of the King
County Comprehensive Plan/Countywide Policies and the City of Kent Comprehensive Plan.
Annexation of the Panther Lake Area would,accomplish that balance that the County and the City
seek from annexation of urban areas into local communities.
IV. CONCLUSION
The Boundary Review Board finds that approval of the Panther Lake Area Annexation to the City of Kent
advances the standards established in the Growth Management Act, King County Comprehensive Plan,
the City of Kent's Comprehensive Plan, RCW 36.93,and other state and local guidelines for incorporation
of urban areas.
The Boundary Review Board finds that approval of the City of Kent Notice of Intention to annex the
Panther Lake Area is timely based upon the City of Kent's current and historical commitment to guide
development and provide municipal services to this area.
The Panther Lake Area Annexation will enable the City of Kent to provide a harmonious efficient plan for
the governance of the built community, preservation of the environment, and protection of the public
health and safety of the citizens.
(Note: Under state law, the City of Kent must adopt an Ordinance or Resolution affirming the Panther Lake Area Annexetion
following action by the Boundary Review Board and agreement by a vote of the citizens. Under state law,the City must confirm
the action as approved by the Boundary Review Board. Alternatively, the Council may decide not to pursue the action.
However,the City cannot modify the boundaries that have been approved by the Boundary Review Board.)
10
NOW,THEREFORE,
BE IT RESOLVED BY THE WASHINGTON STATE BOUNDARY- REVIEW BOARD FOR KING
COUNTY THAT, for the above reasons, the action proposed in the Notice of Intention contained in said
File No. 2284 be, and the same is, hereby approved as described in Exhibits attached hereto and
incorporated herein by reference.
ADOPTED BY SAID WASHINGTON TATE 'BOUNDARY REVIEW BOARD FOR KING
COUNTY by a vote of S 1 k in favor, in opposition, and 6A;c abstentions, on
this�day of N 2008, and signed by me in authentication of its said adoption on said date.
WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY
Claudia Hirschey, Chair
FILED t ' day of e , 2008 BY:
'Lenora Blauman, E ecutive Secretary
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EXHIBITS
EXHIBIT I CITY OF KENT PANTHER LAKE AREA: LEGAL DESCRIPTION OF ANNEXATION AREA
BOUNDARIES
t
EXHIBIT II CITY OF KENT PANTHER LAKE,AREA:MAP OF ANNEXATION AREA BOUNDARIES
12
► '" RECEIVE®
EXHIBIT I
OCT ?02008
WkState Boundary Review
Proposed Annexation Area Bowrd For King Co.
All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, ,15, 16, and 17,
Township 22 North, Range 5 East, W.M., and Sections 32 and, 33, Township
23 North, Range 5 East, W.M., in King County, Washington, described as
follows:
Commencing at the east quarter corner of Section 6, Township 22 North,
Range 5 East, W.M.;
thence southerly, along the east'Iine of said section, to the easterly
prolongation of the south right of way margin of South 200"' Street;
thence westerly, along said prolongation, to the west right of way margin of
100th Avenue SE, the northeast corner of the Kent City Limits as established
by Kent Ordinance #3099, as recorded under King County Recording Number
9305110613, and the TRUE POINT OF BEGINNING;
thence continuing westerly, along said south margin of South 200th Street
and the north margin of said city limits, to the west right of way margin of
92nd Avenue South and the east line of the Kent City Limits as established by
Kent Ordinance #1017, as recorded under King County Auditor's File Number
5024149;
thence northerly, along said west margin and said city limits, to the east
west center of section line of said Section 6;
thence easterly, along said center of section line and said city limits, to the
center of said Section 6;
thence northerly, along the north south center of section line and said city
limits, to the north right of way margin of South 200th Street and the south
line of the Renton City Limits as established by Renton Ordinance #5327,
under King County Recording Number 20080109000833;
thence easterly, along said north margin and said Renton City limits, to the
westerly right of way margin of SR 515 (108th Avenue SE) and the east line
of the City of Renton City Limits as described in said Renton Ordinance
#5327;
thence northerly, along said west margin and the Renton City Limits as
described in said ordinance, to a point 40 feet west of Highway Engineer's
Station 270+40, as shown on Washington State Department of Highways
Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity, SE 1961h to
Carr Road;
thence easterly to a point 40 feet east of Highway Engineer's Station 270+50
as shown on said right of way plan, also being the northerly margin of SE
ATTACHMENT B
192"d Street and the south line of thq City of Renton City Limits as described
in said Renton Ordinance #5327;
thence easterly, along said north margin and the Renton City Limits as
described in said ordinance, to the intersection of said north margin with the
northerly extension of the east right of way margin of 124th Avenue SE, and
the westerly boundary of Soos Creek Park;
thence along-said westerly park boundary and the adjoining roadways the
following courses and distances:
thence southerly, along-said northerly extension and the east margin of said
124t"'Avenue SE, to the north line of the south half of the north half of
Government Lot 2 of said Section 4;
thence easterly, along said north line, to the west margin of the Bonneville
Transmission line Easement (Covington-Seattle Line);
thence southeasterly, along said west margin, to the south line of Morford
Park, as recorded in Volume 180 of Plats, pages 1-3, records of King County;
thence ,easterly, along said south line, to the west line of the east 450 feet of
the south half of the south half of the southwest quarter of the northeast
quarter of said Section 4;
thence southerly, along said west line, to the south line of the northeast
quarter of said Section 4;
thence easterly, along said south line, to the west line of the northeast
quarter of the southeast quarter of said Section 4;
thence southerly, along said west line, to the north line of Linda Highlands
Division No. 1, as recorded in Volume 91 of Plats, page 25, records of King
County,
thence generally easterly and southeasterly , along the northeasterly line of
said plat, to the north line of Greystone, as recorded in Volume 154 of Plats,
pages 40-41, records of King County;
thence easterly, along said north line, to the east line of said Section 4;
thence southerly, along said east line, 105.29 feet to the northwest corner of
a tract of land conveyed to Charles R. Gardner by warrantee deed recorded
under King County Recording Number 8507090815;
thence southeasterly, along the northeasterly line of said Gardner tract and
said park boundary, 559028'10"E 125.62 feet to an angle point In said
northeasterly line;
2
ATTACHMENT B
thence continuing along said northeasterly boundary and said park boundary,
S30036'37"E 834.39 feet, more or less, to the northwest right of way margin
of SE 204th Way (SE Lake Youngs Way);
thence southeasterly, perpendicular to the centerline of said SE 204th Way,
100 feet, to the southeast right of way margin thereof;
thence northeasterly, along said southeast right of way margin, to the west
line of the east 495 feet of the southwest quarter of the southwest quarter of
said Section 3, also being the west boundary of said park;
thence along said park boundary, southerly along said west line, 50 feet to
the northwest corner of a tract of land conveyed to Daniel John Overstreet by
statutory warrantee deed recorded under King County Recording Number
9707311841;
thence along the northeasterly line of the Overstreet tract and said park
boundary, S54032'25"E 398.74 feet to the west line of the east 165 feet of
the southwest quarter of the southwest quarter of said Section 3;
thence southerly, along said west line, to the north line of the south 528 feet
of said section;
thence easteriy,.along said north line, to the west line of the southeast
quarter of the southwest quarter of said Section 3;
thence southerly, along said west line, to the north right of way margin of SE
208th Street (H.C. Green Road, County Rd No. 329);
thence easterly, along said north margin, to the northerly extension of the
east line of the west 270 feet of the northeast quarter of the northwest
quarter of said Section 10;
thence southerly, along said northerly extension and the east line thereof, to
the south line of the north half of the northwest quarter of the northeast
quarter of the northwest quarter of said Section 10;
thence easterly, along said south line, to the east line of the west half of the
northwest quarter of the northeast quarter of the northwest quarter;
thence southerly, along said east line, to the southeast corner of the west
half of the northwest quarter of the northeast quarter of the northwest
quarter;
thence westerly, along said south line, to a point on the east line of a tract of
land conveyed to Karen J. Arango by Quit Claim Deed recorded under King
County Recording Number 9601030485, described as the west 108.9 feet of
3
ATTACHMENT B
the south 400 feet of the north 860 feet, as measured along the west line, of
the northeast quarter of the northwest quarter of said Section 10, said point
being 200 feet north of the southeast corner of said tract;
thence southerly, along said east line, 200 feet to the southeast corner of
said tract;
thence westerly, along the south line of said tract, to the west line of the
northeast quarter of the northwest quarter;
thence southerly', along said west line, to the north line of the south half of
the north half of the southwest quarter of the northwest quarter of said
Section 10;
thence,westerly, along said north line, 100 feet, to the west line of the east
10d feet of the southwest quarter of the northwest quarter of said Section
10;
thence southerly, along said west line, and its southerly extension, to the
south right of way margin of SE 216th Street (Albert Haverinen Road);
thence easterly, along said south margin, to the west boundary of the park
property as described In warranty deeds recorded .under King County
Recording Numbers 9506090372, and 9506090371;
thence along said park boundary as established by said warrantee deeds,
S08038'08"W 155.90 feet;
thence S05032'16"E 256.57 feet;
thence S05003'27"E 179.40 feet;
thence S0201636"W 119.91 feet;
thence S13050'14"E 114.38 feet;
thence 509057'42"E 178.35 feet;
thence S10045'26"E 264.27 feet;
thence S45051'35"W 62.76 feet to the north line of the southeast quarter of
the southwest quarter of said Section 10;
thence westerly, along said north line, to the west line of the southeast
quarter of the southwest quarter of said Section 10;
thence southerly, along said west line, to the south line of said Section 10;
4
1 , �
ATTACHMENT B
thence easterly, along said south'line, to the southerly right of way margin of
SE 224th Street (Johnson Road NO. 328);
thence easterly, along said southerly margin, to the east line of the west
quarter of,the northeast quarter of the northwest quarter of said Section 15;
thence southerly,'along said east line, to the south line of the northeast
quarter of the northwest quarter of said Section 15;
thence easterly, along said south line, to the east line of King County Short
Plat No. 280062, recorded under King County Recording Number
8010150859;
thence southeasterly, along said east line, to the east line of Lot B of King
County Lot Line Adjustment No. L991-001; recorded under King County
Recording Number 9903099010;
thence southeasterly, along said east line, to the south line of the northwest
quarter of said Section 15;
thence easterly, along said south line, to the east line of the west half of said
Section 15;
thence southerly, along said east line, to an intersection with the east right of
way margin of 140t' Avenue SE;
thence southerly, along said east right of way margin, to the north line of the
south 522.00 feet of the northwest quarter of the southeast quarter of said
Section 15;
thence easterly, along said north line, to the east line of the west 417.50 feet
of the northwest quarter of the southeast quarter of said Section 15;
thence southerly, along said east line, to the north line of the southwest
quarter of the southeast quarter of Section 15, Township 22 North, Range 5
East, W.M. and the north line of Country Club North, Division 2, as recorded
in Volume 184 of Plats, Pages 18 through 20, records of King County and
the Kent City Limits as established by Kent Ordinance #3344, as recorded
under King County Recording Number 9706250235;
thence westerly, leaving said park boundary,.along said north line and said
city limits, to the north south center of section line of said Section 15;
thence continuing westerly along the north line of the south half of the
southwest quarter of said Section 15 and said city limits, to the southeast
corner of the north half of southeast quarter of Section 16, Township 22
North, Range 5 East, W.M.;
5
ATTACHMENT B
thence continuing westerly, along the south line of said north half, to the
westerly right of way margin of 132"d Avenue SE and the southeast corner of
that portion of the Kent City Limits as established by Kent Ordinance #3562;
thence 'northerly, along the west'margin of 132"d Avenue SE and said city
limits, to the south line of the north-half of the north half of'the northeast
quarter of the southeast quarter of said Section 16;
thence westerly, along said south line and said city limits, to the east line of
the northwest quarter of the southeast quarter of said Section 16;
thence northerly, along said east line and said city limits, to the north line of
the southeast quarter of said Section 16;
thence westerly, along said north line,and said city limits, to the southeast
corner of the northwest quarter of said Section 16;
thence westerly, along the south line of the southeast quarter of the
northwest quarter of said Section 16 and said city limits, to the southwest
corner of said subdivision;
thence northerly, along the west;line of said subdivision and said city limits,
to the northeast corner of the south half of'the south half of the southwest
quarter of-the northwest quarter of said Section 16;
thence westerly, along the north line of said subdivision and said city limits,
to the east line of the northeast quarter of Section 17, Township 22 North,
Range 5 East, W.M. and the east line of the Kent City Limits as established
by Kent Ordinance # 1940, as recorded under King County Recording
Number 7500300621;
thence northerly, along the east line of said northeast quarter and said city
limits; to the south line of the north half of the north'half of the southeast
quarter of the northeast quarter of said Section 17;
thence westerly, along said south line and said city limits, to the west right of
way margin of 116"' Avenue SE and the southeast corner of that portion of
the Kent City Limits as established by Kent Ordinance # 2828, as recorded
under King,County Recording Number 8902070337;
thence northerly, along said west margin and said city limits, to the north
line of the southeast quarter of the northeast quarter of said Section 17;
thence westerly, along said north line and the north line of said city limits
and the-north line of the Kent City Limits as established'by Kent Ordinance
#2048, as recorded under King County Recording Number 7710180759, to
the west.line of the southeast quarter of•the northeast quarter of said Section
17;
6
• 3Y jl 1
ATTACHMENT B
thence southerly, along the west line of said subdivision and the city limits as
established under said Ordinance #2648 and aforesaid Ordinance #1940, to
the northwest corner of the northeast quarter of the southeast quarter of
said Section 17;
thence continuing southerly, along the west line of said subdivision and said
city limits to south line of the north 30.00 feet of the northwest quarter of
the southeast quarter of said Section 17, also being the easterly prolongation
of the south right of way margin of SE 232"d Street and the,northeast corner
of the Kent City Limits as established by Kent Ordinance #2727, as recorded
under King County Recording Number 8708120082;
thence westerly, along said south line and said city limits, to the east line of
the plat of Park Orchard Division No. 4, as recorded in Volume 68 of plats,
pages,58 through.60, records of King County;
thence generally southerly, along the easterly line of said plat and said city
limits, to the south line of the northwest quarter of the southeast quarter of
said Section 17 and the Kent City Limits as established by Kent Ordinance
#1506, as recorded under King County Recording Number 7.505060484;
thence westerly, along the south line of said plat and said city limits, to the
northeast corner of the southeast quarter of the southwest quarter of said
Section. 17 and,the northeast corner of the Kent City Limits as established by
Kent Ordinance #1290, as recorded under King County Recording Number
7505060500;
thence continuing westerly, along the north line of said subdivision and said
city limits, to the southeast,corner of the northwest quarter of the southwest
quarter of said Section 17 and the southeast corner of the Kent City Limits as
established by Kent Ordinance #1223 under King County Auditor's File
Number 5668321;
thence northerly, along the east line of said subdivision and said city limits,
to the northeast corner thereof;
thence westerly, along the north line of said subdivision, and the east line of
the Kent City Limits as established by Kent Ordinance #2111, under King
County Recording Number 7809011099, to the northeast corner of the lands
described in said Ordinance #2111, also being the westerly right of way
margin of SR 515 (also known as 104`h Ave SE, also known as the Benson
Road ,SE);
thence north, along said westerly margin and said city limits, to the
southeast corner of the Kent City Limits as established by Kent Ordinance
#2703, as recorded under King County Recording Number 8703191033;
7
ATTACHMENT B
thence generally northerly, along the west margin of said SR 515 and said
city limits, to the south line of the north half of the northwest quarter of the
northwest quarter of said Section 17;
thence westerly, along said south line and said city limits, to the east right of
way margin of 100`h Avenue SE;
thence northerly, along said east margin and said city limits and the Kent
City Limits as established by Kent Ordinance #3210 as recorded under King
County Recording Number 9504190117 and Kent Ordinance #3193 recorded
under King County Recording Number 9411230694, to the north line of the
southwest quarter of the northwest quarter of the southwest quarter of
Section 8, Township 22 North, Range 5 East, W.M.;
thence westerly, along said north line and said city limits, to the northeast
corner of the southeast quarter of the northeast quarter of the southeast
quarter of Section 7, Township 22 North, Range 5 East, W.M.;
thence westerly, along the north line of said subdivision and said city limits,
to the easterly right of way margin of 98`h Avenue South;
thence southerly, along said east margin and said city limits, to the southerly
right of way margin of South 218`h Street;
thence westerly, along said southerly margin and said city limits and the
Kent City Limits as established by Kent Ordinance #2611, as recorded under
King County Recording Number 8606190789, to the southeast corner of the
Kent City Limits as established by Kent Ordinance #2860, under King County
Recording Number 8908240680, and the southerly prolongation of the west
right of way margin of aforesaid 981h Avenue South;
thence northerly, along said west margin and its prolongation and said city
limits, to the east west center of section line of said Section 7;
thence westerly, along said east west center of section line and said city
limits, to the southeast corner of the southwest quarter of the northeast
quarter of said Section 7 and the east line of the Kent City Limits as
established by Kent Ordinance #2035, as recorded under King County
Recording Number 7708020744;
thence northerly, along the east line of said subdivision and said city limits,
to the northeast corner of said subdivision;
thence westerly, along the north line of said southwest quarter of the
northeast quarter and said city limits, to the southeasterly right of way
margin of South 212`h Street;
8
ATTACHMENT S
thence southwesterly; along said southeasterly margin and said city limits, to
the west line of the east half of the northwest quarter of the northeast
quarter of said Section 7 an sae of ded under King on the Kent C'ICounty Limits
Reco ding established
Number
by Kent Ordinance #3099,
9305110613;
thence northerly, along said west line and said city limits, to the
northwesterly right of way margin of said South 212th Street;
thence northeasterly and easterly, along said northwesterly margin, the
northwesterly right of way margin of South 212th Way, the,northerly right of
way margin of South208th Street and said city limits, to the we right of
way margin of 100 Avenue SE;
thence northerly, along said westerly margin and said city limits, to the TRUE
POINT OF BEGINNING.
,� 9
EXHIBIT 11
Y -t Vie. a:' x `j�t "1 6%ey
Kent City Limits
Panther Lake Annexation
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Panther Lake Annexation
Proposed Annexation Area Boundary
Panther Lake Annexation -Anticipated Additional Positions Required by Department and Job Title
New Positions
Panther Lake
DEPARTMENT BUSUNIT MCUDL01 Job Title FTE
Administration 10001315 GF-Economic Development Government Relations Coordinator 1.00
Administration 10001330 GF-CityClerk DEPUTY CITY CLERK 0.20
Administration 10001340 GF-Municipal Court JUDGE 0.55
Administration 10001340 GF-Municlpal Court COURT CLERK 2.00
Administration 10001340 GF-Municipal Court COURT SECURITY OFFICER 1.47
Administration 10001341 GF-Probation PROBATION OFFICER 1.00
Comm Development 10004100 GF-Comm Dev Administration ADMINISTRATIVE SECRETARY 1 1.00
Comm Development 10004200 GF-Pfanning Services PLANNER 2.00
Comm Development 10004300 GF-BuildingServices CODE ENFORCEMENT OFFICER 1.00
Comm Development 10004300 GF-BuildingServices COMBINATION BUILDING INSPECT01 2.00
Comm Development 10004300 GF-Bui ing Services PLANS EXAMINER 1.00
. ,-- _ ;off!Cottttin' Deveio ,_'. ' 7.00
Employee Services 10001410 GF-ES Administration Human Resources Ana 0.10
Employee Services 10001410 GF-ES Administration Human Resources Specialist 2.00
._, 7 2.10
Finance 10001620 GF-AccountingServices SENIOR FINANCIAL ANALYST 1.00
Finance 10001620 GF-AccountingServices FINANCIAL ANALYST 1.00
Finance 10001640 GF-Customer Services FINANCIAL ANALYST 1.00
Finance 10001640 GF-Customer Services CUSTOMER SVCS REPRESENTATIVE 1.00
Finance 10001630 GF-Financial Planning SENIOR FINANCIAL ANALYST 1.00
i SjD0
Fire 10003100 GF-Fire Administration EM Program Coordinator 1.00
Fire 10003700 GF-Fire Prevention FIRE INSPECTOR 1.00
Fire 10003700 GF-Fire Prevention Public Education Specialist 1.00
=,
Info Technology 52001760 CS-IT Multimedia MULTI MEDIA SPECIALIST 2 1.00
Info Technology 52001730 CS-IT System Services SENIOR SYSTEMS ANALYST 1.00
Info Technology 52001740 CS-IT Tech Services NETWORK ENGINEER 1.00
Info Technology 52001740 CS-IT Tech Services TECHNICAL SUPPORT SPECIALIST 2 1.00
F1'V, `: 4.00
Law 10001520 GF-Civil Attorneys CIVIL ATTORNEY 1.00
Legal 16001530 C7-Prosecutor/Dom Violence PROSECUTING ATTORNEY 1.00
L al 16001530 C]-Prosecutor/Dom Violence LEGAL SECRETARY 1 1.00
Parks 10006360 GF-Health&Human Svcs HUMAN SERVICES COORDINATOR 1.00
Parks 11106600 US-Park Maintenance MAINTENANCE WORKER 4 1.00
Parks 10006600 GF-Parks Maintenance MAINTENANCE WORKER 3 1.00
Parks 10006600 GF-Parks Maintenance MAINTENANCE WORKER 2 1.00
Parks 10006235 GF-Youth and Teen Services PARKS PROGRAM SPECIALIST 1.00
Parks P20099 Parks Grant Matching PARKS/FAC PLANNING&DEV COORE 2.00
77-77,77-7-77
Police 10002100 GF-Police Administration FINANCIAL ANALYST 1.00
Police 10002221 GF-Records POLICE RECORDS SPECIALIST 2.00
Police 10002251 GF-DrinkingDriver TF PUBLIC EDUC SPECIALIST 1.00
Police 10002261 GF-Investigations POLICE PATROL OFFICER 4.00
Police 10002261 GF-Investigatlons EVIDENCE TECHNICAN 1.00
Police 10002331 GF-Patrol POLICE SERGEANT 4.00
Police 10002331 GF-Patrol POLICE PATROL OFFICER-COPS U3 12.00
Police 10002331 GF-Patrol ADMINISTRATIVE ASSISTANT 1 1.00
Police 10002370 GF-Traffic POLICE PATROL OFFICER 2.00
Police 10002500 GF-Po�lllcce Corrections POLICE CORRECTIONS OFFICER 3.00
+�1.V0
;s�5•::._ .,.-
Panther Lake Annexation-Anticipated Additional Positions Required by Department and Job Title
New Positions
Panther Lake
DEPARTMENT BUSUNIT MCUDLO1 Job Title FrE 1
Public Works 10005100 GF-PW Administration OFFICE TECHNICIAN 3 1.50
Public Works 10005210 GF-Design En r ENGINEERING TECHNICIAN 3 3.00
Public Works 10005220 GF-Development En r ENGINEERING TECHNICIAN 3 1.00
Public Works 10005230 GF-Construction En r CONSTRUCTION INSPECTOR 1.00
Public Works 10005250 GF-Land Survey SURVEY PARTY CHIEF 1.00
Public Works 10005280 GF-Transportation En r ENGINEER 3 1.00
Public Works 10005280 GF-Transportation En r SIGNAL TECHNICIAN 2.00
Public Works 10005530 GF-Street Maintenance MAINTENANCE WORKER 4 1.00
Public Works 10005530 GF-Street Maintenance MAINTENANCE WORKER 3 1.00
Public Works 10005530 GF-Street Maintenance MAINTENANCE WORKER 2 3.50
Public Works 44005240 Sewerage-Environment En r ENVIRONMENTAL TECHNICIAN (GRN 1.00
Public Works 44005590 Sewera e-Draina e Operation! MAINTENANCE WORKER 4 1.00
Public Works 44005590 Sewerage-Drainage Operation! MAINTENANCE WORKER 3 1.00
Public Works 44005590 Sewerage-Drainage Operation! MAINTENANCE WORKER 2 3.00
Public Works 67005310 Utili -PWO Admin Services ADMINISTRATIVE SECRETARY 1 1.00
' , . 23.00-, 3 si � V 7 i
Total All Positions 91.32
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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
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) NATIONAL GUARD AND MILITARY RESERVISTS STATEMENT OF SUPPORT
D) FLOOD RESPONSE
E) EMPLOYEE OF THE MONTH
F) INTRODUCTION OF APPOINTEES
G) PUBLIC SAFETY REPORT AND SWEARING IN CEREMONY
H) PRESENTATION TO KENT FOOD BANK
Kent City Council Meeting
Date January 20, 2009
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action:
Councilmember kn La- moves, Councilmember -,�"l M4-''l-
seconds to approve Cons nt Calendar Items A through P.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of January 6, 2009.
6B. Approval of Bills.
Approval of payment of the bills received through November 15 and paid on November 15
after auditing by the Operations Committee on December 2, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/15/08 Wire transfers 3487-3505 $6,264,811.00
11/15/08 Regular Checks 626542-626927 2,007,486.39
Use Tax Payable 2,138.22
$8,274,435.61
Approval of payment of the bills received through November 30 and paid on November 30
after auditing by the Operations Committee on January 6, 2009.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/30/08 Wire transfers 3506-3522 $1,840,534.18
11/30/08 Regular Checks 626928-627443 3,509,869.55
Use Tax Payable 1,293.85
$5,351,697.58
Approval of payment of the bills received through December 15 and paid on December 15
after auditing by the Operations Committee on January 6, 2009.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/08 Wire transfers 3523-3543 $7,115,437.62
12/15/08 Regular Checks 627444-627900 2,523,970.30
Void Checks -210.00
Use Tax Payable 4,207.91
$9,643,405.83
`� (Continued on back)
Approval of checks issued for payroll for November 1 through November 15 and paid on
November 20, 2008:
Date Check Numbers Amount
11/20/08 Checks 308607-308873 $ 201,227.17
11/20/08 Advices 239600-240364 1,555,892.19
$1,757,119.36
Approval of checks issued for payroll for November 16 through November 30 and paid on
December 5, 2008:
Date Check Numbers Amount
12/5/08 Checks 308874-309120 $ 213,255.85
12/5/08 Advices 240365-241129 2,013,568.83
$2,226,824.68
Approval of checks issued for interim payroll for December 9 and paid on December 9,
2008:
Date Check Numbers Amount
12/9/08 Checks 309121-309123 $2,438.65
12/9/08 Voids (2,352.73)
$ 85.92
Approval of checks issued for eayroll for December 1 through December 15 and paid on
December 19, 2008:
Date Check Numbers Amount
12/19/08 Checks 309124-309375 $ 191,103.12
12/19/08 Advices 241130-241899 1,556,739.63
$1,747,842.75
Approval of checks issued for pa ryroll for December 16 through December 31, 2008 and
paid on January 5, 2009
Date Check Numbers Amount
1/5/09 Checks 309376-309592 $ 175,714.89
1/5/09 Advices 241900-242669 1,615,957.11
$1,791,672.00
Kent City Council Meeting
KEIVT
WASH IN G T O N January 6, 2009
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon,
Ranniger, Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) CAO Hodgson removed
Public Communications Item C, "Employee of the Month" from the agenda.
B. From the Public. (CFN-198) There were no changes from the public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Public Works Director Blanchard gave a report
on the recent snow events and introduced the crew members who worked fifteen
12-hour days in a row to keep the roads accessible. He also gave an update on the
upcoming flood event and informed the public how to contact the City with
questions and concerns.
B. Community Events. (CFN-198) Ranniger announced the James Cotton
concert on January 23 at the Kent-Meridian Performing Arts Center.
C. Employee of the Month. (CFN-147) This item was removed from the agenda.
D. Economic Development Report and ShoWare Center Update. (CFN-1305)
Economic Development Director Wolters stated that the ShoWare Center opened on
January 2"d and that it was a tremendous success. He noted that approximately
10,000 people attended the grand opening, that it was covered by four television
stations, and that numerous articles have been written about the Center. He
outlined events leading up to the opening and noted that 6,125 people attended
the Thunderbird's opening game. Each Councilmember commented on the
ShoWare Center and commended everyone who was involved.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through G. Clark seconded
and the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
December 9, 2008, were approved.
B. Approval of Bills. (CFN-104) This information was not available.
C. Subdivision Code Amendment. Streamlining, Ordinance. (CFN-458)
Ordinance No. 3906, which amends Chapter 12.04 of the Kent City Code to update
the City's subdivision provisions by removing redundancy, updating application
submittal requirements, and revising for consistency with State of Washington
regulations was adopted.
1
Kent City Council Minutes January 6, 2009
D. Zoning Code Amendment, Hazardous Substance Land Use Facilities.
Ordinance. (CFN-131) Ordinance No. 3907, which amends Sections 15.04.040
and 15.04.050 of the Kent City Code to streamline the permit process to remove
duplicative regulations related to hazardous substance land use facilities was
adopted.
E. Surplus Vehicles. (CFN-136) The Mayor was authorized to sell or otherwise
dispose of 13 surplus vehicles and miscellaneous equipment as described in the
Public Works memorandum.
F. 81st Avenue South Storm Revisions. (CFN-1038) The 81st Avenue South
Storm Revisions Project was accepted as complete and release of retainage to
Archer Construction upon standard releases from the state and release of any liens
was authorized. The original contract amount was $48,777.50. The final contract
amount was $40,494.68.
G. South 2281h/Military Road Widening, Phase 2. (CFN-1269) The South
228t" Street Military Road Widening Phase 2 Project was accepted as complete and
release of retainage to Scarsella Brothers, Inc., upon standard releases from the
state and release of any liens was authorized. The original contract amount was
$2,993,985.25. The final contract amount was $2,823,471.75.
REPORTS
A. Council President. (CFN-198) Raplee announced changes to Council
Committee membership as follows: Jamie Danielson will replace Ron Harmon on
the Planning and Economic Development Committee; Tim Clark will replace Jamie
Danielson on the Parks & Human Services Committee; and Jamie Danielson will
replace Elizabeth Albertson as the Human Services Commission liaison.
B. Mayor. (CFN-198) The Mayor noted that her term as Chairman of the South
County Area Transportation Board is about to end and encouraged Councilmembers
to attend those meetings to learn about road projects. She noted that she had met
with the U.S. Army Corps of Engineers to discuss levees, and commended Allied
Waste on their efforts during the recent snow storms. She introduced Cory Davis
who is working on his Eagle Scout Merit Badge and who collected nearly 2000 cans
of food for the Kent Food Bank prior to the holidays.
C. Operations Committee. (CFN-198) Clark reminded Councilmembers that the
Suburban Cities Association is having their annual committee reports meeting
tomorrow night.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
Committee will resume their meetings on the third Thursday of each month at
5:00 p.m.
E. Planning and Economic Development Committee. (CFN-198) No report
was given.
2
Kent City Council Minutes January 6, 2009
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting
will be held on Tuesday, January 13, at 5:00 p.m.
G. Public Works Committee. (CFN-198) Ranniger noted that the next regularly
scheduled meeting falls on a holiday and will therefore be rescheduled to
January 26. She added that the Committee has just begun a review of the garbage
and recycling contract, and would welcome public input.
H. Administration. (CFN-198) Hodgson commended the Mayor, Council, Ben
Wolters, Kurt Hanson, Michelle Witham and department heads for their efforts on
the ShoWare Center. He noted that there will be a ten minute Executive Session to
discuss two items of labor negotiations, with action expected when the regular
meeting reconvenes.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8:05 p.m. and reconvened at
8:18 p.m. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
A. Labor Neaotiations. (CFN-198) Clark moved to authorize the Mayor to sign a
one-year collective bargaining agreement with the American Federation of State,
County and Municipal Employees (AFSCME), Local 2617, effective January 1, 2009
through December 31, 2009, upon final review and approval as to form by the City
Attorney's Office. Raplee seconded and the motion carried.
Clark moved to authorize the Mayor to sign a one-year collective bargaining
agreement with the Teamsters Local Union #117, Affiliated with the International
Brotherhood of Teamsters, effective January 1, 2009 to December 31, 2009, upon
final review and approval as to form by the City Attorney's Office. Raplee seconded
and the motion carried.
ADJOURNMENT
The meeting adjourned at 8:20 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
3
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6C
1. SUBJECT: SCENIC HILL NEIGHBORHOOD BOUNDARY ADJUSTMENT
RESOLUTION - ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. acknowledging the
expanded boundary of the Scenic Hill Neighborhood.
After the City's adoption of Resolution No. 1776, recognizing the Scenic Hill
Neighborhood Council, the Neighborhood expanded its southern boundary from
the area bounded by Scenic Hill Elementary and Hillcrest Cemetery to the area
bounded by 104th Avenue SE. This expansion increases the housing units
included within the neighborhood from 717 as provided for in Resolution No. 1776
to approximately 899 housing units. This resolution acknowledges the Scenic Hill
Neighborhood's expansion.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Planning and Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i
T
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, acknowledging the
expanded boundary of the Scenic Hill
Neighborhood, formally recognized by the Kent City
Council through its adoption of Resolution No.
1776.
RECITALS
A. On January 15, 2008, the Kent City Council adopted
Resolution No. 1776 formally recognizing the Scenic Hill Neighborhood
Council as an official Neighborhood Council of the City of Kent, supporting
the Neighborhood Council's community building efforts, and conferring on
the Neighborhood Council all opportunities offered by the City's
Neighborhood Program.
B. After the City's adoption of Resolution No. 1776, the Scenic
Hill Neighborhood expanded its southern boundary from the area bounded
by Scenic Hill Elementary and Hilicrest Cemetery to the area bounded by
104t" Avenue SE. This expansion increases the housing units included
within the neighborhood from 717 as provided for in Resolution No. 1776
to approximately 899 housing units.
1 Scenic Hill Neighborhood Council-
Expand Neighborhood Boundary
C. With the exception of revising the Scenic Hill Neighborhood's
boundary, all other provisions of Resolution No. 1776 remain unchanged.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Expanded Bounda►-x. The boundary of the Scenic Hill
Neighborhood, provided for in Resolution No. 1776, is revised in order to
extend the southern boundary from the area bounded by Scenic Hill
Elementary and Hillcrest Cemetery to the area bounded by 104t" Avenue
SE. This expansion increases the housing units included within the
neighborhood from approximately 717 housing units to approximately 899
housing units. The revised boundary of the Scenic Hill Neighborhood is as
depicted in the attached and incorporated Exhibit A. j
SECTION 2. - Remaining Provisions. With the exception of revising r
the Scenic Hill Neighborhood's boundaries, all other provisions of
Resolution No. 1776 remain unchanged.
SECTION 3. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 4. - SeverabilitY. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
2 Scenic Hill Neighborhood Council-
Expand Neighborhood Boundary
SECTION S. - 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 February, 2009.
CONCURRED in by the Mayor of the City of Kent this day of
February, 2009.
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 February, 2009.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\NeighborhoodCounal-ScenicHill.doc
3 Scenic Hill Neighborhood Council-
Expand Neighborhood Boundary
1
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Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6D
1. SUBJECT: WASHINGTON HOSPITALITY, LLC, LEASE AGREEMENT
AMENDMENT FOR FIRE CREEK GRILL - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the lease
amendment with Washington Hospitality, LLC for the Fire Creek Grill, subject to
final terms and conditions acceptable to the City Attorney.
Since September 2, 2008, nine of the 18 holes of the Riverbend Golf Course have
been closed due to levee restoration and golf course reconstruction. The City
reviewed the effect of the partial course closure on the number of persons using
the golf course and patronage of the Fire Creek Grill.
The City and Washington Hospitality agreed on a reduced rental rate as
consideration for the months of September 2008 through March 2009, given the
partial closure of the golf course and the desire of both parties to keep the Fire
Creek Grill open during the course closure. The lease amendment addresses this
rental reduction, and modifies the percentage payment due for the water utility
bill to more accurately reflect the current water use within the 18-hole clubhouse
and restaurant facility.
3. EXHIBITS: Draft lease amendment
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ADDENDUM NO. FOUR TO LEASE AGREEMENT
WITH WASHINGTON HOSPITALITY, LLC
FOR THE FIRE CREEK GRILL
THIS ADDENDUM FOUR TO LEASE AGREEMENT (the "Addendum") is made and
entered into on the last date signed below, by and between the City of Kent, as
"Landlord," and Washington Hospitality, LLC, as "Tenant," and pertains to the
Riverbend 18-Hole Golf Course Clubhouse Lease Agreement, dated March 23, 2000;
Addendum One to the Lease, dated January 29, 2002; Addendum Two to the Lease,
dated February 5, 2003, and Addendum Three to the Lease dated March 21, 2006,
(collectively, the "Lease").
The Landlord and Tenant agree and covenant as follows:
1. Consideration. Nine of the eighteen holes of the Riverbend Golf
Course have been closed due to levee restoration being done by King County Flood
Control Management Zone District. Under the terms of the Lease, the Riverbend
Golf Course is to remain open for play unless closed as a result of a cause beyond
the control of the City and Tenant such as the levee repairs described above. Lease
Section 17. The Lease also provides that in the event there is such a closure, the
parties to the Lease will mutually agree on an acceptable revision to the amount of
consideration the Tenant is required to pay under the Lease. Lease Section 17. To
this end, the parties have reviewed the effect of the partial course closure on the
number of persons using the golf course and patronage of the Fire Creek Grill.
The parties have agreed that payment of one thousand two hundred fifty
dollars ($1,250) per month as consideration for the months of September 2008
through March 2009 is reasonable given the partial closure of the golf course and
the desire of both parties to keep Fire Creek Grill open during the closure. This
amount of $1,250 will replace those amounts that would otherwise be due under
Sections 4.A.3(a) - (d). Leasehold tax on the $1,250 will be due monthly under
Section 4.A.3(e) as amended in Section 2 below.
ADDENDUM FOUR TO LEASE AGREEMENT-Page 1
(Between City of Kent and Washington Hospitality,LLC.) (December 2008)
l
2. Section 4.A.3(e) of the Lease, entitled "Lease Consideration and '
Payment" are amended to read as follows:
e. Pursuant to Chapter 82.29A RCW, Lessee shall pay
monthly to the City, on the 151" day of the month, the
amount of state leasehold tax owing.
3. Section 4.0 of the Lease, entitled "Lease Consideration and Payment"
is amended to read as follows: j
C. Lessee shall record all funds that are received in a Contractor
owned or provided cash register containing a tape that records and identifies the
date and amount of each transaction. Lessee shall provide Landlord, by the 1O1" of
the following month, a signed, written statement detailing gross and net receipts..
4. Section 4.E of the Lease, entitled "Lease Consideration and Payment"
is amended to read as follows:
E. If any payment specified herein is not paid to the City within ten (10)
days after the date specified, a one-time late charge of five percent (5%) of the
payment due and unpaid shall be added to the payment as a penalty, and the total
sum shall become immediately due and payable. Any amount remaining unpaid by
the first day of the month following the due date for payment (i.e. approximately
20 days late) shall bear interest at the rate of one percent (1%) per month.
5. Utilities. Section 10 of the Lease, entitled Utilities is amended to
read as follows:
Except as otherwise noted in this section, Lessee shall pay seventy-five
percent (75%) and the City twenty-five percent (25%) of all utilities associated
with the operation of the Premises. The Lessee shall install and maintain a private
telephone to serve the Premises or, at Lessee's option, Lessee may lease from the
City the City's telephone system on terms agreeable to both parties. The City may
decide to install secondary metering for electricity. The City shall pay for electricity
to the Premises prior to completion of the remodel contemplated herein. After
installation of the secondary metering, Lessee shall pay for all electricity used on
the Premises for areas on the Premises under the control of Lessee pursuant to this
Agreement. In the event that a secondary metering system is not installed, the
Lessee shall pay seventy-five percent (75%) of all electricity costs and the City
shall pay twenty-five percent (25%) of all electricity costs associated with the 18-
hole clubhouse structure and attached facilities. The Lessee shall pay fifty (50%) of
the water bill and the City shall pay fifty (50%) of the water bill associated with the
18-hold clubhouse.
ADDENDUM FOUR TO LEASE AGREEMENT-Page 2
(Between City of Kent and Washington Hospitality,LLC.) (December 2008)
1
6. Remaining Lease Terms. Except as amended by this Addendum Four,
all provisions of the Lease shall remain in full force and effect.
LANDLORD: TENANT:
CITY OF KENT WASHINGTON
HOSPITALITY, LLC
By: By:
Its: Its:
Date: Date:
(Notary Acknowledgement Appears on Next Page)
ADDENDUM FOUR TO LEASE AGREEMENT-Page 3
(Between City of Kent and Washington Hospitabty,LLC.J (December .2008)
1
STATE OF WASHINGTON )
Ss.
COUNTY OF KING )
On this day of 2008, I hereby
certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she
is authorized to execute the instrument on behalf of the City of Kent 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 Bar-
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 )'
On this day of 2008, before me a Notary
Public in and for the State of Washington, personally appeared
, to me known to be the
of WASHINGTON HOSPITALITY, LLC, a Washington Limited Liability
corporation that executed the foregoing instrument, and acknowledged it to be
the free and voluntary act of said corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that they were authorized to
execute said instrument.
NobrySeal ML&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
ADDENDUM FOUR TO LEASE AGREEMENT-Page 4
(8d%een City of Kent and Washington Hosptaiity,LLC.) (December 1008)
ADDENDUM FOUR TO LEASE AGREEMENT-Page 5
(Between City of Kent and Washington hospitality,LLC.) (December 2008)
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6E
1. SUBJECT: SEATAC SWEEPING SERVICES AGREEMENT FOR PARKING LOT
SERVICES - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute an agreement
with SeaTac Sweeping Services in the amount of $30,005.79, for city-wide
parking lot sweeping services.
The City of Kent advertised a request for quotes to perform parking lot sweeping
services at various sites within the city. Two written quotes were received and
SeaTac Sweeping Services was selected to complete the city-wide project at an
annual cost of $30,005.79, including WSST.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? N/A
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KE •NT
W A S H I N O T O N
GOODS & SERVICES AGREEMENT
FOR
ORDINARY MAINTENANCE
between the City of Kent and
Sea Tac Sweeping Service
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Sea Tac Sweeping Service organized under the laws of
the State of Washington, located and doing business at 26305 79t" Ave S., Kent, Washington
98032, 253-854-9717, Al Vinson (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:
Sea Tac Sweeping will sweep parking lots at the following locations, Senior Center,
600 E Smith, Resource Center, 315 E Meeker, Kent Commons, 525 4tn Ave N, City
Hall, 220 4tn Ave S, City Hall Annex, 302 W Gowe, Centennial Center Garage, Kent
Corrections, 1230 S Central, Riverbend 18 Hole Golf Course 2019 W Meeker, Golf
Driving Range 2020 W Meeker, and Par 3 Golf, in accordance with the proposal
dated November 4, 2008, which is attached and incorporated as Exhibit A.
Vendor acknowledges and understands that it is not the Cit 's exclusive provider of these
9 Y
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 31,2009 .
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty
thousand-five dollars and seventy-nine cents ($30,005.79), 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:
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1
(Over$10,000.00, including WSST)
Contractor shall invoice City monthly for services provided per proposal dated
November 4, 2008
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 Cityreserves its right to withhold payment
9 p Y
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. VENDOR'S ACCEPTANCE 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. 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
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,
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
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
(Over$10,000.00, including WSST)
Vendor on -all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Vendor fails to require a
change order within the time allowed, the Vendor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the change order work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
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.
VIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Over$10,000,00, including WSST)
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 l
work, file the attached Compliance Statement.
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
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
(Over$10,000,00, including WSST)
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.
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 Exhibit4l-use —E- i
attached and incorporated by this reference. 12
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.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
j 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, including all appeals, 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
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
(Over$10,000.00, including WSST)
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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
(slIature) (signature)
Print Name: l V,o.s,9K Print Name: Suzette Cooke
Its l ices,"'Rertf Its Mayor
(title)
DATE: fold g DATE:
GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(Over$10,000.00, including INSST)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Al Vinson Rosalie Givens, Facilities Assistant
Sea Tac Sweeping Service City of Kent
26305 79t' Ave S 220 Fourth Avenue South
Kent, Washington 98032 Kent, WA 98032
253-854-9717 (telephone) (253) 856-5083 (telephone)
253-854-7244 (facsimile) (253) 856-6080 (facsimile)
AP ROVED A TO FORM:
�9
Ke t La p rtment
Seatacsweeping
GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7
(Over$10,000.00, including WSST)
I
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
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 Akile- A L e_1c , 200 .
By:
For: J,'L e.
Title:
Date:__/ fie/fI
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
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
f
CITY OF KENT
QUOTES FOR PARKING LOT CLEANING
The properties are listed by how often we would like them
cleaned.
WEEKLY EVERY MONDAY
Senior Center 600 E. Smith
Resource Center 315 E. Meeker 33t�
Kent Commons 525 4th Ave. N.
MONTHLY
City Hall 220 4th Ave. S. I�
City Hail Annex 302 W. Gowe
Centennial Garage Entrances located off of 131,
3rd and Titus
City of Kent Corrections 1230 S. Central
sf--- Dz L oZ W
WEEKLY SUMMER — MONTHLY WINTER
Riverbend 18 Hole Golf Course 2019 W. Meeker `I��� i3�^
Golf Driving Range 2020 W. Meeker 4o-+—
Par 3 Golf 2030 W. Meekerp�,��P`J� 13�y
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 l
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the 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.
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:
I. The Contractor's insurance coverage shall be primary Insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's Insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
' D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
' Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each.subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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-Anderson Agency Page: 002
Client#:54944 SEATSWEI
ACORD,M CERTIFICATE OF LIABILITY INSURANCE ;ti08/08�""""'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bell-Anderson Ins-Bellevue C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O.Box 40509 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
11201 S.E.8TH ST.,SUITE 100
Bellevue,WA 98015-4509 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA. The Ohio Casualty Insurance Co.
Al Vinson Inc INSURERG. ComhuskerCasual Company
dba Seatac Sweeping Service INSURER C:
26305 79th Ave S
INSURER E.
Kent,WA 98032 INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL T14E TERMS,EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMI78
A GENERAL LIABILITY BKW53683529 09/30/08 09/30/09 EACH OCCURRENCE E1 000 OOD
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $IOO DOO
CLAIMS MADE 5x]OCCUR MED EXP(Any o pereen) $1 D 000
AISES
PERSONAL S ADV INJURY E1 00O 00O
GENERAL AGGREGATE S2 OOO OOO
GEN'L AGGREGATE LIMITJECT APPLIES PER. PRODUCTS-COMPIOP AGO S2000000
POUCY X PRO- LOG
B AUTOMOBILE LIABILITY WAA002219 09/30108 09/30/09 COMBINED SINGLE LIMIT $1,000,000 '
ANY AUTO (Eee Ideno
ALL OWNEDAUiOS
BODILY INJURY $
X SCHEDULED AUTOS (Per Person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per ecddenl) $
• PROPERTY DAMAGE1111 S
(P r eaddmi)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTD OTHER THAN EA ACC S
AUTO ONLY- AGG S
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
S
DEDUCTIBLE '
RETENTION $ $
WORKERS COMPENSATION AND BKW53883529 09/30/08 09/30/09 wCSTATU- OTH-
A EMPLOYERS'LIABILITY WA STOP GAP F.L.EACM ACCIDENT $1 OOO OOO
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOLFE $1 000 000
If yes,des be under
SegCIAL PO 910NS b.'"
el E.L.DISEASE POLICY LIMIT $1 OOO OOO
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROWSIONS
Certificate Holder Is an additional Insured for general liability,but
only if required by written contract or written agreement per CG8416 1203
and for auto liability per form to be Issued by carrier.Waiver of
Transfer of Rights of Recovery Against Others per CG8418 1203.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL '40 DAYS WRITTEN
220 4th Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL '
Kent,WA 98032 IMPOSE NO OBUGA71ON OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 26(2001/08)1 of 3 #S201002/M191873 MRB ®ACORD CORPORATION 1980 '
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tnderson Agency Page: 004
.......:DES.CRI T
General Liability coverage provided to the Certificate Holder will be
Primary and Non-Contributory per C08416 1203.
. ........... ....
FS 26.3(2001/08) 3 of 3 #S201002IM191873
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-Anderson Agency Page: 006
1. BLANKET ADDITIONAL INSURED(Owners,Lessees,Contractors or Lessors)
(Includes a Primary/Non-Contributory provision)
Who Is An Insured-Section II Is amended to Include as an Insured any person or organization whom you are required
to name as an additional Insured on this policy in a written contract or written agreement.The written contract or written
agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the '
"bodily Injury,""property damage"or"personal and advertising injury."
The Insurance provided the additional Insured Is limited as follows:
A. The person or organization is only an additional insured with respect to liability: '
i
1. Arising out of real property,as described In a written contract or written agreement,that you own,rent,
lease or occupy;or
2. Caused in whole or In part by your ongoing operations performed for that insured. ,
The Insurance provided the additional insured in 1.A.2.above does not apply to:
a. Coverage A-Bodily Injury and Property Damage Liability,Coverage B-Personal and
Advertising Injury Liability or defense coverage under the Supplementary Payments arising
out of an archltect's,engineer's or surveyor's rendering of or failure to render any professional
services including:
(1) The preparing,approving,or falling to prepare or approve maps,shop drawings, ,
opinions,reports,surveys,field orders,change orders or drawings and specifications;
and
(2) Supervisory,Inspection,architectural or engineering activities. '
b. "Bodily Injury'or"property damage"occurring after:
(1) Ali work,including materials,parts or equipment furnished in connection with such work,
on the project(other than service,maintenance or repairs)were performed by or on
behalf of the additional insured(s)at the site where the covered operations have been
completed;or
(2) That portion of"your work'out of which the Injury or damage arises has been put to Its '
Intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as part of the same
project.
B. The limits of insurance applicable to the additional Insured are those specified In a written contract or written '
agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III-
Limits Of Insurance of this policy,whichever are less.These limits are Inclusive of and not In addition to the
limits of Insurance available under this policy.
C. The Insurance provided the additional insured does not apply to the liability resulting from the sole negligence of
the additional insured.
I
i
I
Includes copyrighted material of ISO Properties,Inc.,with its permission. '
CG 84 16 12 03 ISO Properties,Inc.,2003 Page 2 of 9
I
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Anderson Agency Page: 008
B. Paragraph 6.of Section III-Limits Of Insurance Is replaced by the following:
6. Subject to 5.above,the higher of$300,000 or the Damage To Premises Rented To You Limit
shown In the Summary of Lim Its and Charges section of this policy Is the most we will pay under
Coverage A for damages because of"property damage"to premises rented to you or
temporarily occupied by you with the permission of the owner arising out of any one fire,
lightning,"explosion"or sprinkler leakage incident.
C. Paragraph b.(1)(b)of Condition 4.Other Insurance(Section IV—Conditions)Is replaced by the
following:
(1) That is Fire,Lightning,Explosion or Sprinkler Leakage insurance for premises rented to you or
temporarily occupied by you with the permission of the owner;
D. Paragraph 9.a of the definition of"Insured contract"In Section V-Definitions Is replaced by the
following.
9. "Insured contract"means:
a. A contract for the lease of premises However,that portion of the contract for a lease of
premises that indemnifies any person or organization for damages by fire,lightning,
"explosion"or sprinkler leakage to premises while rented to you or temporarily occupied
by you with the permission of the owner is not an"Insured contract";
E. The following definition Is added to Section V-Definitions.
"Explosion"means a sudden release of expanding pressure accompanied by a noise,a bursting forth of
material and evidence of the scattering of debris to locations further than would have resulted by gravity
' alone.
"Explosion"does not Include any of the following:
1. Artificially generated electrical current including electrical arcing that disturbs electrical
devices,appliances or wires,
2. Rupture or bursting of water pipes,
3. Explosion of steam boilers,steam pipes,steam engines or steam turbines owned or
leased by you,or operated under your control,or
4. Rupture or bursting caused by centrifugal force.
�3. NON-OWNED WATERCRAFT
Subparagraph g.(2)of Paragraph 2.,Exclusions of Section i-Coverage A is replaced by the following:
' (2) A watercraft you do not own that Is:
(a) Less than 51 feet long;and
(b) Not being used to carry persons or property for a charge;
SUPPLEMENTARY PAYMENTS
In the Supplementary Payments-Coverages A and B provision:
' The limit for the cost of bail bonds in Paragraph 1.b.Is changed from$250 to$1000.
Includes copyrighted material of ISO Properties,Inc.,with Its permission.
CO 84 1612 03 ISO Properties, Inc,2003 Page 4 of 9
I
1
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-Anderson Agency Page: 010
8. VOLUNTARY PROPERTY DAMAGE COVERAGE ,
At your request,we will pay for"loss"to property of others caused by your business operations. The most we will pay for
this coverage Is$500 each"occurrence" The"loss"must occur during the policy period. The"occurrence"must take
place in the"coverage territory'.
"Loss"means unintended damage or destruction. "Loss"does not mean disappearance,abstraction or theft. ,
This coverage does not apply to:
1. Damage arising out of the use of any"auto"; '
2. Property you own,occupy,rent or lease from others;or
3. Property on your premises for sale,service,repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a property damage liability deductible,the deductible
shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this
deductible.
9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE '
A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to
personal property of others while in your or your"employees"care,custody or control or real property of others
over which you or your"employees"are exercising physical control if the"property damage"arises out of your
business operations.This Coverage Is subject to sections B.,C.,D.and E.below.
B. Exclusions
This insurance shall not apply to:
1. "Property damage"of property at premises owned,rented,leased,operated or used by you;
2. "Property damage"of property while In transit;
3. The cost of repalring or replacing: ,
(a) Any of your work defectively or Incorrectly done by you or by others on your behalf;or
(b) Any product manufactured,sold or supplied by you,unless the"property damage"is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking;or I
4. "Property damage"of property caused by or arising out of the"products-completed operations hazard".
C. Limits Of Insurance-The most we will pay for"property damage"under this Section 9.is$25,000 for each
"occurrence". The most we will pay for the sum of all damages covered under this Section 9.because of
"property damage"Is an annual aggregate limit of$25,000. ,
The Limits Of Insurance provided under this Section 9.are inclusive of and not in addition to any other limits provided
in the policy or endorsements attached to it,
D. Deductible-We will not pay for'property damage' in any one"occurrence"until the amount of"property
damage exceeds$250. If the policy to which this endorsement Is attached contains a"property damage"
deductible,that deductible shall apply If It is greater than$250.
E. In the event of"property damage"covered by this endorsement,you shall,if requested by us,replace the '
property or furnish the labor and materials necessary for repairs thereto at your actual cost,excluding profit or
overhead charges.
Includes copyrighted material of ISO Properties,Inc.,with Its permission.
CG 84 16 12 03 ISO Properties, Inc.,2003 Page 6 of 9
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fderson Agency Page: 012
12, BODILY INJURY
Paragraph 3.of the definition of"bodily Injury'In the Section V-Definitions Is replaced by the following:
3. "Bodily injury'means bodily injury,sickness or disease sustained by a person,Including mental anguish
or death resulting from any of these at any time.
113. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce
our right against any person or organization for whom you perform work under a written contract that requires you to
obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
�14. MEDICAL PAYMENTS
If Coverage C Medical Payments Is not otherwise excluded,the Medical Expense Limit provided bythis policy shall be
the greater of.
A. $%000;or
B. The amount shown in the Declarations.
115, BROAD NAMED INSURED
Paragraph 2.a.(1)(d)of Section II-Who Is An Insured is replaced by the following:
(d) Arising out of his or her providing or fading to provide professional health care services.However,this
exclusion does not apply to nurses,emergency medical technicians or paramedics who are employed by
you to provide medical or paramedical services to your employees.
16. BROADENED MOBILE EQUIPMENT
Paragraph 12.f.(1)of Section V-Definitions is replaced by the following.
(1) Equipment designed primarily for:
(a) Snow removal,
(b) Road maintenance,but not construction or resurfacing;or
(c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater,
17. INCIDENTAL MALPRACTICE LIABILITY
Paragraph 3.of Section V-Definitions Is replaced by the following:
3. "Bodily injury'means bodily injury,sickness,disease or"incidental medical malpractice"sustained by a
person,including mental anguish or death resulting from any of these at anytime.
The following is added to Section V-Definitions:
23. "Incidental medical malpractice"means injury arising out of the negligent rendering or failure to render
' medical or paramedical services to persons by any physician,dentist,nurse,emergency medical
technician or paramedic who is employed by you to provide such services to your employees,provided I`
you are not engaged in the business or occupation of providing any services referred to In this definition.
Includes copyrighted material of ISO Properties, Inc.,with Its permission.
CG 84 1612 03 ISO Properties,Inc.,2003 Page 8 of 9
1
Statement of Intent to Pay Prevailing Wages Page 1 of 2 ,
Prevailing Wage Section
L
11 b Department of Labor&
iStatement of Intent to Pay Industries
Prevailing Wage PO Box 44540
Olympia,WA 98504-4540
(360)902-6335
Received., Intent Id., Status:
11/24/2008 217941 Approved on 11/24/2008
COMPANY t
Company Al Vinson,Inc.dba Sea-Tac Sweeping Service
Information: 0
601 735 583
919,336-00
26305 79th Ave.South
Kent,WA 98032
(253)854-9717
Payment Type: Electronic
Company Electronic '
Signature:
PROJECT
Public Agency., KENT,CITY ONPARKS&REC ,
220-4TH AVE S
KENT,WA 98032
County: KING Multiple Counties?No
City: Kent
Project Name: • Parking Lot Cleaning
Contract Number.,
Bid Due Date: 09/30/2008
Award Date: 11/20/2008
Prime Contractor: Al Vinson,Inc.dba Sea-Tac Sw
0
(253)854-9717
Does Your
Company Intend
To Hire No
Subcontractors To
Perform All Work?
Does Your
Company Intend No
To Hire Any
Subcontractors?
Apprentices? No
$Amount. $30,005.79 Time and Materials No
Number of
Owners/Operators
Performing Work 0
on the Project that
Own 30%or More
of the Company.
Will your company
have employees
perform work on
this
Filedb ., Yes`- yV- Y_._ _ ____ _____---.•---._____.__---__-- -________-------_ - ._
Filed by: Steve Rogers
littns://secttreaccess.wa.eov/lni/nwia/Iiitent/liitentPrint.ast)?ID=217941 11/24/2008
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 08-31-2008
**********************************************************************************************************
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
ASBESTOS ABATEMENT WORKERS
JOURNEY LEVEL $38.06 1H 5D
BOILERMAKERS
JOURNEY LEVEL $33.32 1
BRICK AND MARBLE MASONS
JOURNEY LEVEL $45.05 1M 5A
CABINET MAKERS(IN SHOP)
JOURNEY LEVEL $16.67 1
CARPENTERS
ACOUSTICAL WORKER $46.32 1M 5D
BRIDGE,DOCK AND WARF CARPENTERS $46.16 1M 5D
CARPENTER $46.16 1M 5D
CREOSOTED MATERIAL $46.25 1M 5D
DRYWALL APPLICATOR $46.42 1M 5D
FLOOR FINISHER $46.16 1M 5D
' FLOOR LAYER $46.16 1M 5D
FLOOR SANDER $46.16 1M 5D
MILLWRIGHT AND MACHINE ERECTORS $47.16 1M 5D
PILEDRIVERS,DRIVING,PULLING,PLACING COLLARS AND WELDING $46.36 1M 5D
SAWFILER $46.16 1M 5D
SHINGLER $46.16 1M 5D
STATIONARY POWER SAW OPERATOR $46.16 1M 50
STATIONARY WOODWORKING TOOLS $46.16 1M 5D
CEMENT MASONS
JOURNEY LEVEL $46.81 1M 5D
DIVERS 8 TENDERS
DIVER $92.31 1M 5D 8A
DIVER TENDER $49.84 1M 5D
DREDGE WORKERS
ASSISTANT ENGINEER $47.09 1T 5D 8L
ASSISTANT MATE(DECKHAND) $46.58 1T 5D 8L
BOATMEN $47.09 1T 5D 8L
' ENGINEER WELDER $47.14 1T 5D 8L
LEVERMAN,HYDRAULIC $48.71 1T 5D 81-
MAINTENANCE $46.58 1T 5D 8L
MATES $47.09 1T 5D 8L
OILER $46.71 1T 5D 8L
DRYWALL TAPERS
JOURNEY LEVEL $46.04 1E 5P
ELECTRICAL FIXTURE MAINTENANCE WORKERS
JOURNEY LEVEL $18.69 1
Pagel
KING COUNTY
EFFECTIVE 08-31-2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note '
Classification WAGE Code Code Code
ELECTRICIANS-INSIDE
CABLE SPLICER $58.34 1E 5A
CABLE SPLICER(TUNNEL) $62.86 1E 5A
CERTIFIED WELDER $56.29 1E 5A
CERTIFIED WELDER(TUNNEL) $60.60 1E 5A ,
CONSTRUCTION STOCK PERSON $28.83 1E 5A
JOURNEY LEVEL $54.25 1E 5A
JOURNEY LEVEL(TUNNEL) $58.34 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 $37.15 4A 5A
HEAD GROUNDPERSON $39,19 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 $39.19 4A 5A
ELECTRONIC TECHNICIANS
ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00 1
ELEVATOR CONSTRUCTORS
MECHANIC $62.85 4A 6Q
MECHANIC IN CHARGE $68.67 4A 6Q
FABRICATED PRECAST CONCRETE PRODUCTS
ALL CLASSIFICATIONS $13.15 2K 5B
FENCE ERECTORS
FENCE ERECTOR $18.71 1
FENCE LABORER $12.77 1
FLAGGERS
JOURNEY LEVEL $32.41 1H 5D ,
GLAZIERS
JOURNEY LEVEL $45.20 1Y 5G
HEAT&FROST INSULATORS AND ASBESTOS WORKERS
MECHANIC $47.58 15 51
HEATING EQUIPMENT MECHANICS
MECHANIC $33.65 1
HOD CARRIERS&MASON TENDERS
JOURNEY LEVEL $39.25 11-1 5D
INDUSTRIAL ENGINE AND MACHINE MECHANICS
MECHANIC $15.65 1
INDUSTRIAL POWER VACUUM CLEANER
JOURNEY LEVEL $9.24 1
INLAND BOATMEN
CAPTAIN $38.87 1K 5B
COOK $32.73 1K 5B
DECKHAND $32.42 1K 513
ENGINEER/DECKHAND $35.20 1K 5B
MATE,LAUNCH OPERATOR $36.85 1K 5B
Page 2
KING COUNTY
EFFECTIVE 08-31.2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
INSPECTIONICLEANING/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 $46.16 1M 50
IRONWORKERS
JOURNEY LEVEL $50.77 10 5A
LABORERS
ASPHALT RAKER $38.77 1H 5D
BALLAST REGULATOR MACHINE $38.06 1H 5D
BATCH WEIGHMAN $32.41 1H 5D
BRUSH CUTTER $38.06 1H 5D
BRUSH HOG FEEDER $38.06 1H 5D
BURNERS $38.06 1H 5D
CARPENTER TENDER $38.06 1H 50
CASSION WORKER $39.25 1H 5D
CEMENT DUMPER/PAVING $38.77 1H 5D
CEMENT FINISHER TENDER $38.06 1H 5D
CHANGE-HOUSE MAN OR DRY SHACKMAN $38.06 1H 50
CHIPPING GUN(OVER 30 LBS) $38,77 1H 5D
CHIPPING GUN(UNDER 30 LBS) $38,06 1H 5D
CHOKER SETTER $38.06 1H 5D
CHUCK TENDER $38.06 1H 5D
CLEAN-UP LABORER $38.06 1H 5D
CONCRETE DUMPER/CHUTE OPERATOR $38.77 1H 5D
CONCRETE FORM STRIPPER $38.06 1H 5D
CONCRETE SAW OPERATOR $38.77 1H 5D
CRUSHER FEEDER $32.41 1H 50
CURING LABORER $38.06 1H 5D
DEMOLITION,WRECKING&MOVING(INCLUDING CHARRED MATERIALS) $38.06 1H 5D
DITCH DIGGER $38.06 1H 5p
DIVER $39.25 1H 5D
DRILL OPERATOR(HYDRAULIC,DIAMOND) $38.77 1H 5D
DRILL OPERATOR,AIRTRAC $39.25 1H 50
DUMPMAN $38.06 1H 5D
EPDXY TECHNICIAN $38.06 1H 5D
EROSION CONTROL WORKER $38.06 1H 5D
FALLERIBUCKER,CHAIN SAW $38.77 1H 5D
FINAL DETAIL CLEANUP(I.e.,dusting,vacuuming,window cleaning;NOT $29.59 1H 5D
construction debris cleanup)
FINE GRADERS $38.06 1H 5D
FIRE WATCH $32.41 1 H 5D
FORM SETTER $38.06 1H 5D
GABION BASKET BUILDER $38.06 1 H 5D
GENERALLABORER $38.06 1H 5D
GRADE CHECKER&TRANSIT PERSON $38.77 1H 5D
GRINDERS $38.06 1H 5D
GROUT MACHINE TENDER $38.06 1H 5D
Page 3
KING COUNTY
EFFECTIVE 08-31-2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
GUARDRAIL ERECTOR $38.06 1 H 5D
HAZARDOUS WASTE WORKER LEVEL A $39.25 1 H 5D
HAZARDOUS WASTE WORKER LEVEL B $38.77 1H 5D
HAZARDOUS WASTE WORKER LEVEL C $38.06 1 H 5D
HIGH SCALER $39.25 1H 5D
HOD CARRIER/MORTARMAN $38.77 1H 5D
JACKHAMMER $38.77 1H 5D
LASER BEAM OPERATOR $38.77 1 H 5D
MANHOLE BUILDER-MUDMAN $38.77 1H 5D
MATERIAL YARDMAN $38.06 1 H 5D
MINER $39.25 1H 5D
NOZZLEMAN,CONCRETE PUMP,GREEN CUTTER WHEN USING HIGH $38.77 1H 5D
PRESSURE AIR&WATER ON CONCRETE&ROCK,SANDBLAST,GUNITE,
SHOTCRETE,WATER BLASTER
PAVEMENT BREAKER $38.77 1 H 5D
PILOT CAR $32.41 1H 5D
PIPE POT TENDER $38.77 1H 5D
PIPE RELINER(NOT INSERT TYPE) $38.77 1 H 5D
PIPELAYER&CAULKER $38.77 1 H 5D
PIPELAYER&CAULKER(LEAD) $39.25 1 H 50
PIPEWRAPPER $38.77 1H 5D
POT TENDER $38.06 1H 5D
POWDERMAN $39.25 1H 5D ,
POWDERMAN HELPER $38.06 1H 5D
POWERJACKS $38.77 1H 5D
RAILROAD SPIKE PULLER(POWER) $38.77 1 H 5D
RE-TIMBERMAN $39.25 1H 51)
RIPRAP MAN $38.06 11-1 5D
RODDER $38.77 1 H 50
SCAFFOLD ERECTOR $38.06 1H 5D
SCALE PERSON $38.06 1H 5D
SIGNALMAN $38.06 1H 5D
SLOPER(OVER 20") $38.77 1 H 5D
SL'OPER SPRAYMAN $38.06 1H 5D ,
SPREADER(CLARY POWER OR SIMILAR TYPES) $38.77 1 H 5D
SPREADER(CONCRETE) $38.77 1H 5D
STAKE HOPPER $38.06 1H 5D
STOCKPILER $38.06 1H 513
TAMPER&SIMILAR ELECTRIC,AIR&GAS $38.77 1H 5D
TAMPER(MULTIPLE&SELF PROPELLED) $38.77 1H 5D
TOOLROOM MAN(AT JOB SITE) $38.06 1H 5D
TOPPER-TAILER $38.06 1H 5D
TRACK LABORER $38.06 1H 5D
TRACK LINER(POWER) $38.77 1H 5D
TRUCK SPOTTER $38.06 1H 5D
TUGGER OPERATOR $38.77 1H 5D
VIBRATING SCREED(AIR,GAS,OR ELECTRIC) $38.06 1H 5D
VIBRATOR $38.77 1H 5D '
VINYL SEAMER $38.06 1H 5D
WELDER $38.06 1H 5D
WELL-POINT LABORER $38.77 1H 5D
Page 4
KING COUNTY
EFFECTIVE 08-31.2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
LABORERS"UNDERGROUND SEWER&WATER
GENERALLABORER $38.06 1H 5D
PIPE LAYER $38.77 1H 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 $46.42 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 $11.56 1
PAINTERS
JOURNEY LEVEL $33.94 28 5A
PLASTERERS
JOURNEY LEVEL $44.83 1 R 5B
PLAYGROUND 8,PARK EQUIPMENT INSTALLERS
JOURNEY LEVEL $8.42 1
PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $60.24 1G 5A
POWER EQUIPMENT OPERATORS
ASSISTANT ENGINEERS $44.64 1T 5D 8L
BACKHOE,EXCAVATOR,SHOVEL (3 YD&UNDER) $47.42 1T 5D 8L
BACKHOE,EXCAVATOR,SHOVEL (OVER 3 YD&UNDER 6 YD) $47,91 1T 5D 8L
BACKHOE,EXCAVATOR,SHOVEL(6 YD AND OVER WITH ATTACHMENTS) $48.46 1 T 5D 8L
BACKHOES, (75 HP&UNDER) $47.00 1T 5D 8L
BACKHOES, (OVER 75 HP) $47.42 1T 5D 8L
BARRIER MACHINE(ZIPPER) $47.42 1T 5D 81-
BATCH PLANT OPERATOR,CONCRETE $47.42 1T 50 8L
BELT LOADERS(ELEVATING TYPE) $47.00 1T 50 8L
BOBCAT(SKID STEER) $44.64 1T 5D 8L
BROOMS $44.64 1T 5D 8L
BUMP CUTTER $47.42 1T 5D 8L
CABLEWAYS $47.91 1T 5D 8L
CHIPPER $47.42 1T 5D 8L
COMPRESSORS $44.64 1T 5D 8L
CONCRETE FINISH MACHINE-LASER SCREED $44.64 1T 5D 8L
CONCRETE PUMPS $47.00 1T 5D 8L
CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $47.42 1T 5D 8L
CONVEYORS $47.00 1T 5D 8L
Page 5
KING COUNTY
EFFECTIVE 08-31-2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note ,
Classification WAGE Code Code Code
CRANES, THRU 19 TONS,WITH ATTACHMENTS $47.00 •1T 5D 8L
CRANES, 20-44 TONS,WITH ATTACHMENTS $47.42 1T 5D 8L '
CRANES, 45 TONS-99 TONS,UNDER 150 FT OF BOOM(INCLUDING JIB $47,91 1T 5D 8L
WITH ATACHMENTS)
CRANES,100 TONS-199 TONS,OR 150 FT OF BOOM(INCLUDING JIB $48.46 1T 5D 81.
WITH ATTACHMENTS) ,
CRANES,200 TONS TO 300 TONS,OR 250 FT OF BOOM(INCLUDING JIB $49.03 1T 5D 8L
WITH ATTACHMENTS)
CRANES,A-FRAME, 10 TON AND UNDER $44.64 1T 5D 8L
CRANES,A-FRAME,OVER 10 TON $47.00 1T 5D 81.
CRANES,OVER 300 TONS,OR 300'OF BOOM INCLUDING JIB WITH $48.29 1T 50 8L
ATTACHMENTS
CRANES,OVERHEAD,BRIDGE TYPE(20-44 TONS) $47.42 1T 5D 81.
CRANES,OVERHEAD,BRIDGE TYPE(45-99 TONS) $47.91 1T 5D 8L
CRANES,OVERHEAD,BRIDGE TYPE(100 TONS&OVER) $48.46 1T 5D' 81.
CRANES,TOWER CRANE UP TO 175'IN HEIGHT,BASE TO BOOM $48.46 1T 5D 8L,
CRANES,TOWER CRANE OVER 175'IN HEIGHT, BASE TO BOOM $49.03 1T 5D 81.
CRUSHERS $47.42 1T 5D 8L
DECK ENGINEER/DECK WINCHES(POWER) $47.42 1T 5D 81.
DERRICK,BUILDING $47.91 1T 5D 8L
DOZERS,D-9&UNDER $47.00 1T 5D 8L
DRILL OILERS-AUGER TYPE,TRUCK OR CRANE MOUNT $47.00 1T 5D 8L
DRILLING MACHINE $47.42 1T 5D 8L
ELEVATOR AND MANLIFT,PERMANENT AND SHAFT-TYPE $44.64 IT 5D 8L
EQUIPMENT SERVICE ENGINEER(OILER) $47.00 1T 5D 8L
FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $47.42 1T 5D 8L
FORK LIFTS,(3000 LBS AND OVER) $47.00 1T 5D 81. ,
FORK LIFTS,(UNDER 3000 LBS) $44.64 1T 5D 8L
GRADE ENGINEER $47.00 1T 5D 81.
GRADECHECKER AND STAKEMAN $44.64 1T 5D 8L
GUARDRAIL PUNCH $47.42 1T 5D 8L
HOISTS,OUTSIDE(ELEVATORS AND MANLIFTS),AIR TUGGERS $47.00 1T 5D 8L
HORIZONTAUDIRECTIONAL DRILL LOCATOR $47.00 1T 5D 8L
HORIZONTAUDIRECTIONAL DRILL OPERATOR $47.42 1T 5D 8L
HYDRALIFTS/BOOM TRUCKS(10 TON&UNDER) $44.64 1T 5D 8L
HYDRALIFTS/BOOM TRUCKS(OVER 10 TON) $47.00 1T 5D 8L
LOADERS,OVERHEAD(6 YD UP TO 8 YD) $47.91 1T 5D 81.
LOADERS,OVERHEAD(8 YD&OVER) $48.46 1T 5D 8L
LOADERS,OVERHEAD(UNDER 6 YD),PLANT FEED $47.42 1T 5D 8L
LOCOMOTIVES,ALL $47.42 1T 5D 8L
MECHANICS,ALL $47.91 1T 5D 8L
MIXERS,ASPHALT PLANT $47.42 1T 5D 81.
MOTOR PATROL GRADER(FINISHING) $47.42 1T 5D 81.
MOTOR PATROL GRADER(NON-FINISHING) $47.00 1T 5D 8L
MUCKING MACHINE,MOLE,TUNNEL DRILL AND/OR SHIELD $47.91 1T 513 81.
OIL DISTRIBUTORS,BLOWER DISTRIBUTION AND MULCH SEEDING $44.64 1T 5D 8L
OPERATOR
PAVEMENT BREAKER $44.64 1T 5D 8L
PILEDRIVER(OTHER THAN CRANE MOUNT) $47.42 1T 5D 8L
PLANT OILER(ASPHALT,CRUSHER) $47.00 1T 5D 8L
POSTHOLE DIGGER,MECHANICAL $44.64 1T 5D 8L
POWER PLANT $44.64 1T 5D 8L
PUMPS,WATER $44.64 1T 5D 8L
Page 6
KING COUNTY
EFFECTIVE 08-31-2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
QUAD 9,D-10,AND HD41 $47.91 1T 5D 81.
REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $47.91 1T 5D 8L
EQUIP
RIGGER AND BELLMAN $44.64 1T 5D 8L
ROLLAGON $47.91 1T 5D 8L
ROLLER,OTHER THAN PLANT ROAD MIX $44.64 1T 5D 8L
ROLLERS,PLANTMIX OR MULTILIFT MATERIALS $47.00 1T 5D 8L
ROTO-MILL,ROTO-GRINDER $47.42 1T 5D 8L
SAWS,CONCRETE $47.00 1T 5D 8L
SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $47.42 1T 5D 8L
OFF-ROAD EQUIPMENT(UNDER 45 YD)
SCRAPERS-SELF PROPELLED,HARD TAIL END DUMP,ARTICULATING $47.91 1T 5D 8L
OFF-ROAD EQUIPMENT(45 YD AND OVER)
SCRAPERS,CONCRETE AND CARRY ALL $47.00 1T 5D 8L
SCREED MAN $47.42 1T 5D 8L
SHOTCRETE GUNITE $44.64 1T 5D 8L
SLIPFORM PAVERS $47.91 1T 50 8L
SPREADER,TOPSIDE OPERATOR-BLAW KNOX $47.42 1T 5D 8L
SUBGRADE TRIMMER $47.42 1T 5D 81-
TOWER BUCKET ELEVATORS $47.00 1T 5D 8L
TRACTORS,(75 HP&UNDER) $47.00 1T 5D 8L
TRACTORS,(OVER 75 HP) $47.42 1T 5D 8L
TRANSFER MATERIAL SERVICE MACHINE $47.42 1T 5D 8L
TRANSPORTERS,ALL TRACK OR TRUCK TYPE $47.91 1T 5D 8L
TRENCHING MACHINES $47.00 1T 5D 8L
TRUCK CRANE OILER/DRIVER(UNDER 100 TON) $47.00 1T 5D 8L
TRUCK CRANE OILER/DRIVER(1110 TON&OVER) $47.42 IT 5D 8L
TRUCK MOUNT PORTABLE CONVEYER $47.42 1T 5D 8L
WHEEL TRACTORS,FARMALL TYPE $44.64 1T 5D 8L
YO YO PAY DOZER $47.42 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 $33.69 4A 5A
TREE TRIMMER GROUNDPERSON $25.43 4A 5A
REFRIGERATION&AIR CONDITIONING MECHANICS
MECHANIC $56.21 1G 5A
RESIDENTIAL BRICK&MARBLE MASONS
JOURNEY LEVEL $27.05 1
RESIDENTIAL CARPENTERS
JOURNEY LEVEL $23.47 1
1 RESIDENTIAL CEMENT MASONS
JOURNEY LEVEL $22.64 1
RESIDENTIAL DRYWALL TAPERS
JOURNEY LEVEL $46.04 1 E 5P
RESIDENTIAL ELECTRICIANS
JOURNEY LEVEL $26,24 1
RESIDENTIAL GLAZIERS
JOURNEY LEVEL $31.99 1H 5G
Page 7
KING COUNTY
EFFECTIVE 08-31.2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
RESIDENTIAL INSULATION APPLICATORS
JOURNEY LEVEL $17.60 1
RESIDENTIAL LABORERS
JOURNEY LEVEL $18.12 1
RESIDENTIAL PAINTERS
JOURNEY LEVEL $18.36 1
RESIDENTIAL PLUMBERS&PIPEFITTERS
JOURNEY LEVEL $22.95 1
RESIDENTIAL REFRIGERATION&AIR CONDITIONING MECHANICS
JOURNEY LEVEL $56.21 1G 5A
RESIDENTIAL SHEET METAL WORKERS
JOURNEY LEVEL(FIELD OR SHOP) $19.48 1
RESIDENTIAL SOFT FLOOR LAYERS
JOURNEY LEVEL $37.08 1 B 5A
RESIDENTIAL SPRINKLER FITTERS(FIRE PROTECTION)
JOURNEY LEVEL $31.01 1 B 5C
RESIDENTIAL TERRAZZO/TILE FINISHERS
JOURNEY LEVEL $26.30 1
RESIDENTIAL TERRAZZOITILE SETTERS
JOURNEY LEVEL $43.61 1M 5A
ROOFERS
JOURNEY LEVEL $38.28 1R 5A
USING IRRITABLE BITUMINOUS MATERIALS $41.28 1R 5A
SHEET METAL WORKERS
JOURNEY LEVEL(FIELD OR SHOP) $54.07 1 E 6L
SHIPBUILDING&SHIP REPAIR
BOILERMAKER $32.56 1H 6W
CARPENTER $30.91 113 6X
ELECTRICIAN $30.34 113 6X
HEAT&FROST INSULATOR $47.58 1S 5.1
LABORER $29.24 1B 6X
MACHINIST $30.27 1B 6X
OPERATOR $32.66 113 6X
PAINTER $30.27 1B 6X
PIEFITTER $30.30 16 6X
RIGGER $30.17 113 6X
SANDBLASTER $29.24 113 6X
SHEET METAL $28.90 113 6X
SHIPFITTER $30.32 113 6X
TRUCKER $30.13 18 6X
WAREHOUSE $30.19 113 6X
WELDERIBURNER $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 $37.08 1B 5A
SOLAR CONTROLS FOR WINDOWS
JOURNEY LEVEL $12.44 1 5S
Page 8
KING COUNTY
EFFECTIVE 08-31-2008
(See Benefit Code Key)
Over
PREVAILING Time Holiday Note
Classification WAGE Code Code Code
SPRINKLER FITTERS (FIRE PROTECTION)
JOURNEY LEVEL $57.29 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 $31.46 26 5A
HOLE DIGGERIGROUND PERSON $17.58 2B 5A
INSTALLER(REPAIRER) $30.17 2B 5A
JOURNEY LEVEL TELEPHONE LINEPERSON $29,26 2B 5A
SPECIAL APPARATUS INSTALLER 1 $31.46 2B 5A
SPECIAL APPARATUS INSTALLER it $30.82 213 5A
TELEPHONE EQUIPMENT OPERATOR(HEAVY) $31.46 2B 5A
TELEPHONE EQUIPMENT OPERATOR(LIGHT) $29.26 2B 5A
TELEVISION GROUND PERSON $16.67 2B 5A
TELEVISION LINEPERSON/INSTALLER $22,19 2B 5A
TELEVISION SYSTEM TECHNICIAN $26.42 2B 5A
TELEVISION TECHNICIAN $23.76 2B 5A
TREE TRIMMER $29.26 2B 5A
TERRAZZO WORKERS&TILE SETTERS
JOURNEY LEVEL $43.61 1M 5A
TILE,MARBLE&TERRAZZO FINISHERS
FINISHER $37.44 1B 5A
TRAFFIC CONTROL STRIPERS
1 JOURNEY LEVEL $37.90 iK 5A
TRUCK DRIVERS
ASPHALT MIX(TO 16 YARDS) $43.45 1T 5D 8L
ASPHALT MIX(OVER 16 YARDS) $44.25 1T 5D 8L
DUMP TRUCK $43.45 1T 5D 8L
DUMP TRUCK&TRAILER $44.25 1T 5D 8L
OTHER TRUCKS $44.25 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
Page 9
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6F
1. SUBJECT: SUN LIFE ASSURANCE COMPANY OF CANADA 2009 CONTRACT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the contract with
Sun Life Assurance Company of Canada to provide stop loss coverage to the City
in the amount of $430,584, and to ratify all acts consistent with this motion.
The City is self-insured for all medical claims through Premera Blue Cross. All City
employees and their dependents that are enrolled in the City's self-insured
medical program are covered under a stop loss insurance policy. This stop loss
policy provides added coverage to the City for individual medical claims exceeding
$150,000 per employee or dependent for each calendar year. All medical costs
exceeding $150,000 per enrollee per year will be reimbursed to the City under
this policy.
The City currently contracts with LifeWise Insurance Company for stop loss
coverage. LifeWise Insurance Company's stop loss insurance premium for the
City of Kent for 2009 is quoted at $552,581. Sun Life Assurance Company of
Canada will provide this same stop loss coverage to the City of Kent for 2009 for
$430,584, a savings of approximately $122,000 for the year. Stop loss insurance
is budgeted in the health and wellness fund.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Sun Life Assurance Company of Canada
p Y
STOP-LOSS POLICY
Policyholder: [Sample Stop-Loss Policy]
Coverage is Policy Number: [Policy number]
provided
by Sun Life Policy Effective Date: [Date]
Assurance Policy Renewal Effective Date: [Date]
Company of
Canada, This Policy is delivered in [State] and is subject to the laws of that jurisdiction.
a global
financial Sun Life Assurance Company of Canada agrees to pay the benefits provided by this Policy
services in accordance with the provisions contained herein.This Policy is issued in consideration of
company, the Application submitted by the Policyholder, a copy of which is attached, and continued
payment of premium by the Policyholder. The Application, Special Risk Questionnaire, and
any Riders,Endorsements and Amendments to this Policy are made part of this Policy.
The Policyholder will hereafter be referred to as "You,""Your,"and"Yours."
This policy Sun Life Assurance Company of Canada will hereafter be referred to as"We,""Our,"and
shows a "Us."
sample plan When determining any date under this Policy, all days begin at 12:00:00 a.m. and end at
design for 11:59:59 p.m. standard time for Your headquarters.
illustrative
purposes. Signed at Our U.S. headquarters, One Sun Life Executive Park,Wellesley Hills,
Actual Massachusetts,by:
coverage may
vary by state
and plan
President Secretary
PLEASE READ YOUR POLICY CAREFULLY
Non-Participating
This is a reimbursement policy. You,or Your Plan administrator,are responsible for
making benefit determinations under your Plan.We have no duty or authority to
administer,settle,adjust or provide advice regarding claims filed under Your Plan.
A '
1=
Sun Life Assurance Company of Canada is a member of the Sun Life Financial group of companies. Sun `�,►�,� •w
02006 Sun Life Assurance Company of Canada,Wellesley Hills,MA 02481 All rights reserved. Life Financial
SLPC 16638 10/06
02-SL Sample Stop-Loss Contract
Table of Contents
Section Description Page
The Table of — Schedule of Benefits ii
Contents
makes it easy I Definitions 1
to locate
important II Benefit Provisions
information. • Specific Benefit 4
• Aggregate Benefit 5
• Eligible Expenses 7
• Limitations &Exclusions 9
III Claim Provisions 11
IV Your Rights and Responsibilities 13
V Our Rights and Responsibilities 16
VI General Provisions 18
• Premium Payment 19
• Termination Provisions 19
Endorsements 21
Options
• SunExcel Centers of Excellence Program 26
• Clinical Trials Coverage 28
This section
02-SL i Sample Stop-Loss Contract
Schedule of Benefits — Specific Benefit
This Schedule of Original Specific Benefit Effective Date [Date]
Benefits is a sample only Benefit Specifications
and will be customized to Policy Year [Date]through [Date]
meet your needs. Reimbursement Percentage 100%of Eligible Expenses
You can select from a Covered Benefits Medical
variety of deductibles [Prescription Drug Plan(PDP)]
and covered benefits. [excluding all prescription drugs]
You also can add [excluding prescription drugs covered
optional coverage for under a Prescription Drug Plan]
Prescription Drug Plans.
Our Aggregating Specific Specific Benefit Deductible [$]
option allows you to
assume more risk in [Aggregating Specific Deductible [$]]
exchange for a lower
premium. Specific Benefit Lifetime Maximum
Reimbursement [$]
We offer a variety of Specific Benefit Claims Basis [12/12 (Incurred and Paid)
claim basis options.
Eligible Expenses include only those
expenses Incurred and Paid within the
Policy Year.]
115/12 (3 Month Run-In)
Eligible Expenses include only those
expenses Incurred during the Policy Year,
or within 3 months prior to the Policy Year
(the"Run-In Period"), and Paid during the
Policy Year.]
[12/15(3 Month Run-Out)
Eligible Expenses include only those
expenses Incurred during the Policy Year
and: (a)Paid during the Policy Year; or(b)
Paid within 3 months after the Policy Year
(the"Run-Out Period").]
[Paid (Renewal Policy Year Only)
Eligible Expenses include only those
expenses Incurred after [date] and Paid
during the Policy Year.]
[Incurred
Eligible Expenses include only those
expenses Incurred during the Policy Year.]
02-SL ii Sample Stop-Loss Contract
Schedule of Benefits — Specific Benefit
[Gapless (Renewal Policy Year Only)
We offer a Eligible Expenses for this Policy Year will
gapless also include those expenses Incurred on or
renewal option after the Original Specific Benefit Effective
to protect Date and Paid after the Run-Out Period of
against the immediately preceding Policy Year.
expenses that
fall between Covered Unit(s) [Single Employee]
contract years. [Employee and Family]
Retirees [Covered]
Specific Benefit Premium Rate [$] per[Covered Unit] per month
[$] per[Covered Unit] per month
Premium Due Date The Policy Effective Date and the [first]
day of each succeeding month.
i
02-SL iii Sample Stop-Loss Contract
Schedule of Benefits — Aggregate Benefit
Original Aggregate Benefit Effective Date [Date]
This Schedule of Bene it Specifications
Benefits is a sample Policy Year [Date]through [Date]
only and will be Reimbursement Percentage 100% of Eligible Expenses
customized to meet your
needs. Covered Benefits Medical
[Prescription Drug Plan(PDP)]
We offer Specific-only [excluding prescription drugs covered
coverage,Aggregate- under a Prescription Drug Plan]
only coverage, or a [excluding all prescription drugs]
combination of the two. [Vision Plan]
[Dental Plan]
A varietyof covered
[Short Term Disability Plan(STD)]
benefits and maximums
are available. Aggregate Benefit Maximum [$]
Aggregate Benefit Maximum Eligible
Expenses Per Covered Person [$]
Aggregate Deductible Factor("ADF") The ADF per Benefit Month for each
Covered Unit by Covered Benefit is as
follows:
Covered Benefit Covered Unit ADF
[Medical] [] [$]]
[PDP [] [$ll
[Dental [] [$]]
[STD [] [$]]
[Vision [] [$]]
Minimum Aggregate Deductible The Minimum Aggregate Deductible for
the current Policy Year is the greater of.
a) [$], or
b) [%] of the Monthly Aggregate
Deductible for the first month of
the Policy Year,then multiplied by
[12.]
Aggregate Benefit Attachment Point The Aggregate Benefit Attachment Point is
the greater of-
a) the sum of the Monthly Aggregate
Deductibles for the Policy Year, or
b) the Minimum Aggregate
Deductible.
02-SL iv Sample Stop-Loss Contract
Schedule of Benefits — Aggregate Benefit
We offer a Aggregate Benefit Claims Basis [12/12 (Incurred and Paid)
variety of claim Eligible Expenses include only those
basis options. expenses Incurred and Paid within the
Policy Year.]
[15/12 (3 Month Run-In)
Eligible Expenses include only those
expenses Incurred during the Policy Year,
or within 3 months prior to the Policy Year
(the"Run-In Period"), and Paid during the
Policy Year.] 1
[12/15(3 Month Run-Out)
Eligible Expenses include only those
expenses Incurred during the Policy Year
and: (a)Paid during the Policy Year; or(b)
Paid within 3 months after the Policy Year
(the"Run-Out Period").]
[Paid
Eligible Expenses include only those
expenses Paid during the Policy Year.]
Covered Unit(s) [Single Employee]
[Employee and Family]
Retirees [Covered]
Aggregate Benefit Premium Rate [$] per[Covered Unit] [per] [month,
quarter] [annually]
Premium Due Date The Policy Effective Date and the first day
of each succeeding [month][quarter][Policy
Year].
02-SL v Sample Stop-Loss Contract
Section I
Definitions
This section Alternative Care: For the purpose of determining Eligible Expenses under this Policy,
defines Alternative Care means a plan of Treatment, identified through case management services
important provided to Your Plan,which may not be covered under Your Plan,but which We may
terms used in consider for reimbursement because the Treatment is cost-effective and Medically
the policy. Appropriate and Necessary for the care of a Covered Person.Alternative Care must satisfy
the requirements set forth in Section II,Expenses Eligible for Reimbursement.
We reimburse Benefit Month: Any calendar month during which this Policy is in force.
for certain Catastrophic Diagnosis: Any medical condition which is a special risk on Our Special Risk
alternative
Questionnaire.
care
expenses. Claims Basis: The period of time, shown on the Schedule(s)of Benefits, during which
Eligible Expenses must be Incurred by a Covered Person and Paid by You to be eligible for
reimbursement under this Policy.
Covered Benefits: The benefit provisions of Your Plan that are insured for stop-loss
coverage under this Policy. The Covered Benefits for this Policy are shown on the
Our definition Schedule(s) of Benefits.
of Covered Covered Person: A person enrolled in Your Plan and entitled to receive benefits under Your
Person has Plan while this Policy is in force.Retirees,as defined by Your Plan,may be Covered
been Persons if they are included on the Schedule(s)of Benefits.
expanded to Covered Unit: A category of participants under Your Plan.The Covered Unit(s)for this
add coverage Policy are shown on the Schedule(s)of Benefits.
for individuals
who incur Dependent: A person enrolled in Your Plan and entitled to receive benefits under Your Plan
claims during as a dependent of a Covered Person.
the Run-In Drug or Alcohol Dependence:Dependence on, or abuse of,a chemical substance or alcohol
Period, but as classified by the current edition of the Diagnostic and Statistical Manual of the American
who are no Psychiatric Association("DSM")or a comparable manual if the American Psychiatric
longer covered Association stops publishing the DSM.
on the
Experimental or Investigational Treatment: For the purpose of determining Eligible
Expenses under this Policy,a Treatment(other than covered Off-Label Drug Use)will be
considered by Us to be experimental or investigational if:
1. The Treatment is governed by the United States Food and Drug Administration
("FDA")and the FDA has not approved the Treatment for the particular condition at
the time the Treatment is provided;or
2. The Treatment is the subject of ongoing Phase I, II, or III clinical trials as defined by
the National Institute of Health,National Cancer Institute or the FDA; or
3. There is documentation in published U.S. peer-reviewed medical literature that
states that further research,studies,or clinical trials are necessary to determine the
safety,toxicity or efficacy of the Treatment.
Incurred: The date on which Treatment is provided.
Independent Review Panel: A panel retained through a third party vendor of medical
review services that is comprised of three physicians who are board-certified in the medical
specialty or subspecialty that most typically administers the Treatment under review.
02-SL I Sample Stop-Loss Contract
Section I
Definitions
Medical Management Vendor: A third party hired to reduce or control the cost of services
or supplies provided to Covered Persons under Your Plan.
Medically Necessary and Appropriate: For the purpose of determining Eligible Expenses
under this Policy, a medically necessary and appropriate Treatment is one that We determine
meets all of the following criteria:
1. It is recommended and provided by a licensed physician, dentist or other medical
practitioner who is practicing within the scope of his or her license; and
2. It is generally accepted as the standard of medical practice and care for the diagnosis
and treatment of the particular condition; and
3. It is approved by the FDA, if applicable.
Mental Illness: For the purpose of determining Eligible Expenses under this Policy,Mental
Mental illness Illness includes,but is not limited to,bipolar affective disorder, schizophrenia,psychotic
is clearly illness,manic depressive illness, depression and depressive disorders,anxiety and anxiety
defined. disorders and any other mental and nervous condition classified in the DSM.Mental Illness
does not include any condition listed in Appendix G of the DSM-IV,titled"ICD-9-CM
Codes for Selected General Medical Conditions and Medication Induced Disorders,"or any
comparable listing if Appendix G is no longer published.
We reimburse Off-Label Drug Use: The use of a drug for a purpose other than that for which it was
for certain off- approved by the FDA.
label drug Original Aggregate Benefit Effective Date: When We provide You with Aggregate
expenses Benefit coverage under this Policy for consecutive Policy Years,the Original Aggregate
when Benefit Effective Date is the date Aggregate Benefit coverage first became effective in the
medically consecutive year period.
appropriate. Original Specific Benefit Effective Date: When We provide You with Specific Benefit
coverage under this Policy for consecutive Policy Years, the Original Specific Benefit
Effective Date is the date Specific Benefit coverage first became effective in the consecutive
year period.
Paid: The date Your check or draft for payment of expenses Incurred by a Covered Person is
issued and delivered to the payee,provided that the account upon which the payment is
drawn contains sufficient funds to permit the check or draft to be honored.
Plan: Your self-funded employee benefit plan established to provide benefits to Covered
Persons as described in Your plan document.For the purpose of determining benefits
payable under this Policy,the Plan shall not include any amendments made to the plan
document after the Original Aggregate Benefit Effective Date or the Original Specific
Benefit Effective Date,whichever is earlier,unless We notify You in writing from Our U.S.
Headquarters that We accept the amendment.
Policyholder: You,the legal entity to whom this Policy is issued.
Prescription Drugs: For the purpose of determining Eligible Expenses under this Policy,
Prescription Drugs includes all prescription drugs covered under Your Plan, other than
prescription drugs administered to a Covered Person while he or she is confined in a hospital
or other medical facility.
02-SL 2 Sample Stop-Loss Contract
Section I
Definitions
Prescription Drug Plan:A benefit provision of Your Plan,or a separate employee benefit
plan maintained by You,under which prescription drug expenses are paid independently of
other medical expenses. Expenses incurred under a Prescription Drug Plan will be included
as Eligible Expenses only if the Prescription Drug Plan is included as a Covered Benefit in
the Schedule of Benefits. A Prescription Drug Plan does not mean prescription drug
expenses paid subject to any deductibles and coinsurance applicable to other medical
benefits under Your Plan.
Provider Network: A Preferred Provider Organization(PPO),Exclusive Provider
Organization(EPO),Point of Service Plan(POS), self-funded Health Maintenance
Organization(HMO), or any managed care network offered under Your Plan.
Reimbursement Percentage: The percent of Eligible Expenses that will be considered for
reimbursement under this Policy.
We include [Run-Out Period: The period of time immediately following the end of a Policy Year
this definition during which Eligible Expenses Incurred during the Policy Year may be Paid in order to be
only if you considered for reimbursement under this Policy.]
select a
Run-Out Schedule of Benefits: This Policy's schedule of Specific Benefit coverage or Aggregate
contract basis. Benefit coverage provided under this Policy.
Special Risk Questionnaire: A report used to provide Us with certain information We
require to underwrite this Policy.
Third Party Administrator("TPA"):A third party that You have entered into an
agreement with to provide administrative services to Your Plan.Your TPA is not Our agent.
Transplant: The transplant of organs from human to human. For the purposes of
determining Eligible Expenses under this Policy,Transplant includes only the following
transplants: heart,heart and lung, lung(single or double), liver,kidney, pancreas,kidney and
pancreas,human bone marrow and stem cell transplantation and reinfusion.A Transplant
Our definition must be performed at a Transplant Facility in order to be considered for reimbursement
of Transplant under this Policy. Skin and Cornea transplants are not considered a Transplant for the
has been purpose of determining Eligible Expenses under this Policy, but are considered Eligible
modified to be Expenses if covered by Your Plan.
more flexible.
It now Transplant Facility: A hospital or facility which is accredited by the Joint Commission on
matches the Accreditation of Healthcare Organizations to perform a Transplant and:
Medicare For organ transplants: is an approved member of the United Network for Organ Sharing
definition. For for such Transplant or is approved by Medicare as a transplant facility for such
more Transplant;
information,
refer to page For unrelated allogeneic bone marrow or stem cell transplants: is a participant in the
re
re National Marrow Donor Program;
21.
For autologous stem cell transplants: is approved to perform such Transplant by: (a)the
state where the Transplant is to be performed; or(b)Medicare; or(c)the Foundation for
the Accreditation of Hemopoietic Cell Therapy. Outpatient transplant facilities must be
similarly approved.
Treatment:Any treatment,procedure, service, device, supply or drug provided to a
Covered Person.
02-SL 3 Sample Stop-Loss Contract
Section I
Definitions
Usual and Customary Fee: For the purpose of determining Eligible Expenses under this
Policy, "Usual"means the fee usually charged for a particular service by a provider;
"Customary"means a fee in the range of usual fees charged by similar providers in the same
geographic area.
U.S.Headquarters: Our United States headquarters located at One Sun Life Executive
Park, Wellesley Hills,Massachusetts.
t
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02-SL 4 Sample Stop-Loss Contract t
Section II
Benefit Provisions
Specific Benefit
Definitions
These [Aggregating Specific Deductible:A deductible, in addition to the Specific Benefit
definitions Deductible, applied to the calculation of the Specific Benefit that must be satisfied
apply before Eligible Expenses are reimbursable under this Policy.The Aggregating Specific
only to Deductible is satisfied by applying any Eligible Expenses that exceed the Specific
Specific Benefit Deductible for any Specific Benefit claim. The Aggregating Specific Deductible
coverage. is shown on the Schedule of Benefits.]
lAn Specific Benefit Deductible: The amount of Eligible Expenses relating to a Covered
Aggregating Person that You must pay before You become eligible for a Specific Benefit.
Specific Specific Benefit Lifetime Maximum Reimbursement:The maximum amount We will
gDeductible ever reimburse with respect to any Covered Person. The Specific Benefit Lifetime
allows our Maximum Reimbursement is shown on the Schedule of Benefits.
policyholders
assume Specific Benefit
ore risk and The Specific Benefit for any Covered Person for any Policy Year equals:
t
receive lower 1. the total amount of Eligible Expenses for the Covered Person minus
dates. This 2. the Specific Benefit Deductible[.] [; minus
efinition will 3. the Aggregating Specific Deductible or any remaining portion thereof
only appearr if
is optpon multiplied by the Reimbursement Percentage shown on the"Schedule of Benefits—
elected. Specific Benefit," if that Reimbursement Percentage is less than 100%.
IS,
.
The Specific Benefit payable with respect to any Covered Person is subject to the Specific
Our Benefit Lifetime Maximum Reimbursement.
aggregating [Specific Benefit Claims Basis Adjustment
pecific The Run-Out Period will not apply if this Policy terminates prior to the end of the Policy
definition has Year.]
Teen revised
02-SL 5 Sample Stop-Loss Contract
Section II
Benefit Provisions
Aggregate Benefit
These Definitions
definitions Aggregate Benefit Attachment Point: The amount of Eligible Expenses You must pay
apply to during the Aggregate Benefit Claims Basis before We will consider an Aggregate Benefit
Aggregate claim.The Aggregate Benefit Attachment Point is shown on the Schedule of Benefits.
Benefit Aggregate Deductible Factor:The deductible factor per Benefit Month per Covered Unit by
coverage. Covered Benefit.The Aggregate Deductible Factor for each Covered Benefit is shown on the
Schedule of Benefits.
Aggregate Benefit Maximum Eligible Expenses per Covered Person: The maximum
amount of Eligible Expenses for any one Covered Person that will be used to calculate the
Aggregate Benefit.The Aggregate Benefit Maximum Eligible Expenses per Covered Person
is shown on the Schedule of Benefits. [This maximum applies only to Eligible Expenses
If you select Incurred and Paid for the following Covered Benefits:Medical,excluding prescription drugs
our Specific- covered under a Prescription Drug Plan/Medical, excluding all prescription
to-Aggregate drugs/Prescription Drug Plan].
gapless
option,this Minimum Aggregate Deductible:The minimum amount of Eligible Expenses You must pay
definition of before You become eligible for an Aggregate Benefit. The Minimum Aggregate Deductible is
Aggregate shown on the Schedule of Benefits.
Benefit Monthly Aggregate Deductible: The sum of the deductibles for all Covered Benefits for
Maximum each Benefit Month.The deductible for each Covered Benefit is calculated by multiplying the
Eligible number of Covered Units on the first day of the Benefit Month by the Aggregate Deductible
Expenses per Factor for each Covered Benefit.The calculation of the Monthly Aggregate Deductible is
Covered subject to the 5%Adjustment Rule.
Person 5% Adjustment Rule: If the Monthly Aggregate Deductible decreases from one month
changes. The ("Month A")to the next("Month B"), for any reason,the Monthly Aggregate Deductible for
option is only Month B shall not be less than 95%of the Monthly Aggregate Deductible for Month A.
available when
he Specific Aggregate Benefit
t
h. - • The Aggregate Benefit equals:
1. the total amount of Eligible Expenses for all Covered Persons,subject to the
Aggregate Benefit Maximum Eligible Expenses Per Covered Person,minus the
greater of
2. the Aggregate Benefit Attachment Point or the Minimum Aggregate Deductible;
multiplied by the Reimbursement Percentage shown on the"Schedule of Benefits-
Aggregate Benefit," if that Reimbursement Percentage is less than 100%.
The Aggregate Benefit will be calculated after the end of the Aggregate Benefit Claims
Basis.
Aggregate Benefit Maximum
The Aggregate Benefit We will pay will not exceed the Aggregate Benefit Maximum shown
on the Schedule of Benefits.
[Aggregate Benefit Claims Basis Adjustment
The Run-Out Period will not apply if this Policy terminates prior to the end of the Policy
Year.]
02-SL 6 Sample Stop-Loss Contract
Section II
Benefit Provisions
Expenses Eligible fog'Reimbursement
This section Eligible Expenses
describes the Eligible Expenses include any amount paid by You for Medically Necessary and
expenses that Appropriate expenses incurred by a Covered Person which:
are eligible for 1. Have been paid in accordance with the terms of Your Plan; and
reimbursement 2. Were Incurred and Paid during the applicable claims basis; and
3. Are paid under a Covered Benefit shown on the Schedule of Benefits; and
4. Are not otherwise excluded under this Policy.
Alternative Care
In addition to satisfying Eligible Expenses criteria 2,3 and 4 above,expenses related to
Alternative Care may be considered Eligible Expenses when all of the following additional
Eligible criteria have been satisfied:
alternative 1. You demonstrate to Our satisfaction that providing the Alternative Care resulted in a cost
care expenses savings to the Plan;and
are described 2. The Alternative Care was recommended by case management services provided to
here. Your Plan; and
3. The Alternative Care was Medically Necessary and Appropriate; and
4. The Alternative Care was provided with the consent of the Covered Person, or
his/her representative, and with the approval of the Covered Person's licensed health
care provider, and was approved by You or Your TPA; and
5. The Alternative Care replaces Treatment that would be covered under Your Plan; and
6. The Alternative Care expenses do not exceed the maximum allowed under Your
Plan for the Treatment replaced by the Alternative Care; and
7. If the Alternative Care is provided in lieu of inpatient hospitalization,the Covered Person
meets utilization review criteria acceptable to Us for inpatient hospitalization for the
entire period the Alternative Care is provided.In no event will such Alternative Care that
exceeds 90 days be considered Eligible Expenses unless approved by Us.
Off-Label Drug Use
In addition to satisfying the criteria for Eligible Expenses set forth above, expenses related to
Off-Label Drug Use may be considered Eligible Expenses when all of the following
additional criteria have been satisfied:
1. The drug is not excluded under Your Plan; and
2. The drug has been approved by the FDA; and
3. You can demonstrate to Our satisfaction that the Off-Label Drug Use is appropriate
and generally accepted for the condition being treated;and
4. If the drug is used for the treatment of cancer,the American Medical Association
Drug Evaluations,The American Hospital Formulary Service Drug Information,or
The Compendia-Based Drug Bulletin, recognize it as an appropriate treatment for
that form of cancer.
Reimbursement of Certain Fees
Eligible Expenses will also include the following fees Incurred and Paid by You,when
approved by Us at Our U.S. Headquarters:
1. Reasonable hourly fees for case management services provided by a registered nurse
case manager retained by You or Your TPA; and
2. Fees for: (a)hospital bill audits; (b)access to non-directed provider networks; and
(c)negotiating out of network bills.
02-SL 7 Sample Stop-Loss Contract
Section II
Benefit Provisions
Expenses Eligible for Reimbursement
Such fees shall be considered Eligible Expenses only if You can demonstrate to Us that the
work which generated the fees resulted in a cost savings to the Plan. If the Plan can
demonstrate such a cost savings,We will reimburse You up to 25%of the amount saved[.][,
up to a set maximum per hospital confinement per Covered Person.]
Fees charged by Your TPA or any subsidiary of Your TPA for any of these services will be
considered Eligible Expenses only if prior approval has been obtained in writing from Us at
Our U.S.Headquarters
Our policy State Health Care Surcharges
provides If You pay a state health care surcharge imposed by Louisiana,Massachusetts or New York
reimbursement in connection with the payment of Eligible Expenses, such health care surcharges are
for State health included as Eligible Expenses. We will only reimburse health care surcharges imposed by
care surcharges New York if You are registered with the New York Department of Health.
in Louisiana,
Massachusetts,
and New York.
The last part of
this definition
has been
revised to match
new state
regulations in
New York. For
more
information,
refer to page 23,
item III.
If your state
1
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02-SL 8 Sample Stop-Loss Contract j
Section II
This section describes Benefit Provisions
expenses that are not Limitations and Exclusions
You can find definitions
of words that are We will NOT reimburse You for:
capitalized in Section I. 1. Expenses for medical services rendered to a Covered Person by the Covered Person's
family member or relative.
Exclusion 12 has
changed. The new 2. Expenses relating to an injury or illness arising out of,or occurring during the course of,
exclusion pertains to a Covered Person performing any occupation for wage or profit.
expenses arising from 3. Expenses for any cosmetic Treatment as defined in Your Plan. This exclusion does not
conditions that are apply to expenses relating to breast reconstruction after mastectomy.
payable under Workers' 4 Expenses for any Experimental or Investigational Treatment, or for any hospital
Compensation Law or confinement or Treatment that results from Experimental or Investigational Treatment.
similar legislation. Refer
to page 22 for the new 5. Expenses for any transplant not included in the definition of Transplant.
definition. 6. Expenses relating to non-human organ or tissue transplants, gene therapies, xeno ra hs
or cloning.
7. Expenses for any Treatment administered outside the United States if the Covered
Person traveled to the location where the Treatment was received for the purpose of
obtaining the Treatment.
8. Expenses for benefits in excess of Your Plan's limits,or expenses that are excluded
under Your Plan.
9. Expenses in excess of the Usual and Customary Fee.
10. Any amount paid by You in excess of a negotiated provider discount,or any penalty or
late charge incurred, or any discount lost, unless previously approved in writing by Us at
Our U.S. Headquarters.
11. Expenses associated with the administration of Your Plan including,but not limited to,
claim payment fees,cost containment administrative fees,PDP administration fees, PPO
access fees,premium functions,medical review and consultant fees,unless otherwise
covered under this Policy.
12. Expenses paid by You relating to any litigation concerning Your Plan, including, but not
limited to,attorneys' fees, extra-contractual damages, compensatory damages and
punitive damages.
13. Any portion of an expense which You are not obligated to pay under Your Plan, or
which is reimbursable to You under :
a) another group health benefit program; or
b) a government or privately supported medical research program; or
c) Medicare; or
d) any coordination of benefits or non-duplication of benefits provision of Your
Plan; or
e) worker's compensation;or
f) any other source.
14. Expenses for claims submitted to Us that are not submitted in accordance with the Proof
of Claim provisions of this Policy.
15. Expenses incurred by a person who is employed by You at any unit, subsidiary or
division of Yours that has not been underwritten by Us.
02-SL 9 Sample Stop-Loss Contract
Section II
Benefit Provisions
Limitations and Exclusions
16. Expenses incurred for any illness or injury due to, or aggravated by,war or an act of
war,whether declared or undeclared.
Exclusion#17 has been 17. If Your Plan does not exclude coverage for conditions for which a Covered Person
removed. For more received Treatment within 6 months prior to enrolling in Your Plan, expenses for any
information,see page such condition will be excluded from reimbursement under this Policy for a period of
21 twelve(12)months from the Covered Person's effective date under Your Plan(the"12
month period").The 12 month period will be reduced on a month for month basis by any
"creditable coverage"(as defined in the Health Insurance Portability and Accountability
Act of 1996,as amended)attributable to the Covered Person.
18. Expenses paid by You for any Treatment authorized or approved under any provision of
Your Plan which:
a) allows the plan administrator to approve alternative care or alternative treatment;
or
b) allows the plan administrator to alter, modify, or waive Plan provisions or
limitations,or
c) grants You or Your plan administrator discretion to approve coverage for
Treatment not otherwise covered under Your Plan;
unless the Treatment satisfies the criteria for Alternative Care set forth in Section U.
You have the option to 19. Expenses covered under a Prescription Drug Plan,unless Prescription Drug Plan
remove Exclusion#20. coverage is a Covered Benefit on the Schedule of Benefits.
Ask your Sun Life [20.] [Expenses for Treatment of Mental Illness and Drug or Alcohol Dependence will be
Financial representative limited to the lesser of Your Plan's maximum benefit for such condition or the Specific
for more information. Benefit Deductible.]
A new exclusion has
been added that clarifies
our Aggregate Run-Out
coverage. The exclusion
relates to claims incurred
during the policy period
of which we were not
notified or that we did
not have the opportunity
to incorporate into our
rates. See page 23, item
IV for this new exclusion.
1
02-SL 10 Sample Stop-Loss Contract
Section III
Claim Provisions
Proof of Claim
This section describes how to file a claim. Proof of claim must be provided to Us at Our U.S. Headquarters.
Specific Benefit
Written proof of claim, in a form and content satisfactory to Us,must be provided to Us
as soon as reasonably possible after the Specific Benefit Deductible for a Covered
Person has been satisfied.Proof of claim must be provided to Us no later than 12 months
1 after the end of the Specific Benefit Claims Basis during which the claim arose.
This is the Proof of claim for a Specific Benefit claim shall include the following:
documentation we 1. a fully completed claim form;
require to process 2. a copy of the Covered Person's original enrollment record and records of any
a claim. change in the Covered Person's coverage under Your Plan;
3. copies of all bills and invoices for expenses submitted for reimbursement under
this Policy;
4. proof of payment of any expenses submitted to Us for reimbursement under this
Policy; and
5. any additional information We may require to fulfill Our obligations under this
Policy.
Aggregate Benefit
Written proof of claim, in a form and content satisfactory to Us,must be provided to Us as
soon as reasonably possible after the end of the Aggregate Benefit Claims Basis for the
Policy Year. Proof of claim must be provided to Us no later than twelve(12)months after
the end of the Aggregate Benefit Claims Basis.
Proof of claim for an Aggregate Benefit claim shall include the following:
1. a complete aggregate calculation report;
2. a detailed claims history report for all Eligible Expenses Incurred and Paid
during the Aggregate Benefit Claims Basis;
3. a report listing all Covered Units eligible for benefits under Your Plan at any
time during the Aggregate Benefit Claims Basis;
4. a copy of Your Plan in effect during the Policy Year and any amendments
thereto;
5. if Prescription Drug Plan coverage is included as a Covered Benefit on the
Schedule of Benefits,a copy of all prescription drug invoices and an itemization
thereof, including the amounts of any rebates received by You; and
6. any additional information We may require to fulfill Our obligations under this
Policy.
Appeal of a Claim Determination
This explains how to You may appeal any claim determination made by Us under this Policy by submitting a
appeal a claim decision. written appeal to Us at Our U.S.Headquarters within sixty(60)days from the date of Our
determination. Your appeal should state the basis of Your disagreement with Our
determination and should include all documentation and information supporting Your appeal
that has not been previously provided to Us.
An appeal of any claim determination made by Us on the grounds that the Treatment
provided was: (a)not Medically Necessary and Appropriate;(b)cosmetic; or
(c)Experimental or Investigational must include an Independent Review Panel Report which
includes each panel member's report and the panel's consensus report. The Independent
Review Panel report is to be provided at Your expense. The members of the Independent
Review Panel must be mutually acceptable to You and Us.
02-SL 11 Sample Stop-Loss Contract
Section III
Claim Provisions
Deferred Payments by You
You must obtain prior written approval from Us at Our U.S. Headquarters in order for any
Eligible Expenses Incurred in the Policy Year, but Paid after the end of the applicable claims
basis to be considered eligible for reimbursement under this Policy.
Payment of Claims
All benefits due under this Policy will be paid to You.During the Policy Year,
reimbursements will be disbursed when the amount payable exceeds$500.00. Any
reimbursable amount remaining unpaid at the end of a Policy Year will be paid after the end
of the Policy Year.
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02-SL 12 Sample Stop-Loss Contract
Section IV
Your Rights and Responsibilities
This section outlines Authorizations to Release Information
your rights and You are responsible for authorizing Your TPA,Plan Administrator, case manager or other
responsibilities, third party service provider to release to Us information We request to underwrite,review
potential claims,make claim determinations, calculate potential reimbursements,or perform
other obligations under this Policy. If We do not receive requested information, it may result
in the delay,reduction or denial of a claim.
Disclosure Requirements
You have certain This Policy has been underwritten based upon the information You provided to Us
disclosure and reporting concerning all persons eligible for benefits under Your Plan on the Original Specific Benefit
responsibilities. Effective Date and/or the Original Aggregate Benefit Effective Date(or on the effective date
of any class of Covered Persons added thereafter). This includes,but is not limited to,those
persons who are a special risk as defined in the Special Risk Questionnaire.
Your signature on the Application for this Policy warrants and represents to Us that:
1. You or Your authorized representative have consulted with your precertification,
utilization review and Medical Management Vendors and Your TPA, or former
TPA,to determine who must be disclosed as a special risk on the Special Risk
Questionnaire, and
2. You have identified any person who is or may be a special risk by either listing
them on the Special Risk Questionnaire or by indicating any such person on the
reports listed on the Special Risk Questionnaire.
If You fail to disclose an individual as a special risk, who should have been disclosed as a
special risk in accordance with the Special Risk Questionnaire, We will have the right to
revise the premium rates, deductibles,deductible factors and terms and conditions of this
Policy in accordance with Our underwriting practices in effect at the time the Policy was
underwritten,retroactive to the Original Specific Benefit Effective Date and/or the Original
Aggregate Benefit Effective Date.
Reporting Requirements
You are required to provide periodic reports to Us as described below. If You, or Your TPA,
Reporting requirements do not provide the reports,or do not provide them on a timely basis, We reserve the right,
once we receive them,to take whatever action We could have taken if the reports had been
are clearly explained. provided when required. Such action may include,but is not limited to,the right to revise
premium rates,deductibles, and deductible factors,and to do so retroactive to the Original
Specific Benefit Effective Date and/or the Original Aggregate Benefit Effective Date.
Specific Benefit Reporting
You, or Your TPA, are required to provide Us with notice of any potential Specific
Benefit claim within thirty-one(31)days of the date:
1. a Covered Person's Eligible Expenses exceed 50%of the Specific Benefit
Deductible;or
2. You,Your TPA, or Your medical management,utilization review or
precertification vendors, or any other party acting on Your behalf, are notified
that a Covered Person has been diagnosed with,or treated for,a Catastrophic
Diagnosis.
02-SL 13 Sample Stop-Loss Contract
Section IV
Your Rights and Responsibilities
Aggregate Benefit Reporting
You, or Your TPA, are required to provide Us with a monthly report that lists:
1. the total amount of Eligible Expenses Incurred by any Covered Person and Paid
by You, or Paid on Your behalf, during the Benefit Month; and
2. the number of each type of Covered Unit on the first day of the Benefit Month.
You must provide the Aggregate Benefit report to Us within thirty-one (3 1)days after
the end of each Benefit Month.
Renewal Reporting
If You intend to renew this Policy,then three months prior to the end of the Policy Year,
You, or Your TPA, are required to provide Us with a report which includes the
following information:
1. monthly Paid claims and enrollment data, organized by Covered Benefit;
2. large claim information, including amount, diagnosis and prognosis, and any
Covered Person who has been diagnosed with a Catastrophic Diagnosis;
3. a census of all Covered Persons;
4. a summary of the number of Covered Persons by workplace zip code, if this
Policy covers Employees at multiple locations;
5. a summary report of precertification, utilization review and case management
services;
6. a summary report of Your Provider Network(s)or per diem arrangements,
setting forth the average hospital discount or per diem charge per day;
7. a copy of changes adopted by or proposed for Your Plan.
Plan Changes
You must notify us of You must notify Us in writing at Our U. S. Headquarters at least thirty-one(3 1)days before
any plan changes at the effective date of any change in, or to:
least 31 days before 1. Your Plan;
they take effect. 2. Your TPA;
3. Your Provider Networks; or
4. Your Medical Management Vendors.
Our prior written agreement is required before the coverage under this Policy will apply to
any such change. Otherwise, benefits under this Policy will be paid based upon the terms of
Your Plan as it existed prior to any such change. We reserve the right to terminate this
Policy as of the effective date of any change in or to Your Plan,Your TPA,Your Provider
Network, or Your Medical Management Vendor.
Notice of Legal Action
You agree to give Us prompt notice of: (a)any event that might result in a lawsuit relating to
this Policy; or
(b)any lawsuit involving this Policy; and to promptly provide Us with copies of any
correspondence and pleadings relating to any such event or lawsuit.
Hold Harmless
You agree to defend, indemnify and hold Us harmless from and against any and all claims,
demands and causes of action of every kind,relating to any litigation,that We,without Our
fault,become involved with that relates to this Policy or Your Plan.You shall pay any and
all attorneys' fees, costs, expenses, and damages(including compensatory, exemplary or
punitive damages)incurred by Us,or payable by Us, in connection with any such litigation.
This Hold Harmless provision shall not apply to litigation solely between You and Us
relating to this Policy.
02-SL 14 Sample Stop-Loss Contract
Section IV
Your Rights and Responsibilities
Refund of Overpayment
If We,You, or Your TPA determine that We have overpaid You under this Policy,You will
promptly refund such overpayment to Us within 60 days of such a determination. If We are
required to take legal action to collect such overpayment,You agree to indemnify Us for any
costs of collection, including, but not limited to,attorneys fees and court costs.
Responsibility for Your TPA
You are solely responsible for the actions of Your Plan Administrator,Your TPA and any
other agent of Yours.Your TPA acts on Your behalf,not on Our behalf. Your TPA is not
Our agent. We are not responsible for any compensation owed to, or claimed by,Your TPA
or other agents for services provided to, or on behalf of,Your Plan.This Policy does not
make Us a party to any agreement between You and Your TPA,nor does it make Your TPA
a party to this Policy.
Right of Recovery
You must pursue all valid claims including,but not necessarily limited to, claims for
restitution, constructive trust,equitable lien,breach of contract, injunction, and any other
state or federal law claims You or Your Plan may have against any third party responsible,in
whole or in part,for any Eligible Expenses Paid by You. You must immediately advise Us
of any amount You recover from them. We reserve the right to pursue any and all such
claims not pursued by You, and You agree to assign such claims to Us upon Our request.
02-SL 15 Sample Stop-Loss Contract
Section V
Our Rights and Responsibilities
Audit
This section outlines We have the right to inspect and audit any and all of Your records and procedures, and those
our rights and of Your TPA and any other party,that relate to any claim made by You under this Policy.
responsibilities. We have the right to require documentation from You that demonstrates You paid an Eligible
Expense and that the payment was made in accordance with the terms of Your Plan. We reserve
the right to employ a third party, at Our expense,to assist Us with any audit function.
Determination of Eligible Expenses
For the purpose of determining Eligible Expenses under this Policy,We have the right to
determine whether an expense was Paid by You in accordance with the terms of Your Plan.
Cost Containment
We have the right to retain the services of a Medical Management Vendor,at Our expense,to
assist Us with cost containment when We anticipate that a Covered Person's Eligible
Expenses will exceed 50%of the Specific Benefit Deductible during the Policy Year.
We protect the privacy of Confidentiality
all personally identifiable We will protect the privacy and confidentiality of all personally identifiable and/or medical
medical information in information provided to Us in the course of underwriting or administering this Policy in
accordance with applicable laws. accordance with Our policies and applicable state and federal laws.
Recoupment
We have the right to recoup from any benefit payable to You under this Policy any premium
You owe to Us that has not been paid. Our right of recoupment does not impair Our right to
terminate this Policy for non-payment of premium under the Termination Provisions of this
Policy.
We have the right to Right to Recalculate
recalculate your We have the right to recalculate any Specific Benefit Premium Rate, Specific Benefit
premium rates if there is Deductible,Aggregating Specific Deductible,Aggregate Benefit Premium Rate,Aggregate
a significant Plan or risk Deductible Factor or Minimum Aggregate Deductible with respect to this Policy Year
change. whenever any one or more of the following events occur:
1. Your Plan changes;
2. You change Your TPA,Your Provider Network(s), or Medical Management
Vendor(s);
3. this Policy is amended;
4. the number of Covered Units on the first day of a Benefit Month increases or
decreases by more than[15]%from the number of Covered Units on the first day of
the Policy Year;
5. the number of Covered Units on the first day of a Benefit Month increases or
decreases by[10]%from the first day of the prior Benefit Month;
6. a unit,division, subsidiary, or affiliated company of Yours is added to, or deleted
from,this Policy;
7. the amount of Eligible Expenses paid in any one of the three(3)months
immediately preceding the Policy Effective Date (the"three month period")
exceeds 125% of the monthly average of Eligible Expenses Incurred during the nine
(9)months immediately preceding the three month period; or
8. there are changes in Your, or Your TPA's, claim paying system or payment practices
that causes a variation of fifteen(15)days or more in the most recent twelve(12)month
average of claim processing time.
02-SL 16 Sample Stop-Loss Contract
Section V
Our Rights and Responsibilities
An right to recalculate exercised under this section may be made retroactive to the Policy
Y g Y Y
Effective Date at Our election.Any recalculation will be made in accordance with Our
underwriting practices in effect at the time the Policy was underwritten. The right to
recalculate shall survive the termination of this Policy.
Right of Reimbursement
Any portion of an Eligible Expense which You recover from a third party:
1. is not eligible for reimbursement under this Policy; and
2. cannot be used to satisfy any deductible or attachment point under this Policy; and
3. must be repaid to Us if We previously reimbursed You for it.
Any repayment amount You owe Us may be reduced,with Our consent, by any reasonable
and necessary expenses You incurred in obtaining the recovery from the third party. Any
repayment amount You owe to Us shall survive the termination of this Policy.
02-SL 17 Sample Stop-Loss Contract
Section VI
General Provisions
This section outlines Assignment
general provisions Your interest in this Policy cannot be assigned.
related to your policy. Bankruptcy or Insolvency
The bankruptcy, insolvency, dissolution, receivership or liquidation of You,Your Plan or Your
TPA will not impose upon Us any obligations other than those set forth in this Policy.
Clerical Error
In the event of a clerical error in this Policy,the Policy will be revised to correct the error.
Your failure to:
1. report the existence of a Covered Person; or
2. file proof of claim in a timely manner; or
3. comply with the reporting requirements of this Policy
shall not constitute clerical error.
Entire Contract
This Policy, along with any Attachments,Riders, Endorsements or Amendments, and the
Application and Special Risk Questionnaire completed by You constitutes the entire contract
of insurance between Us.
Legal Action
You may not bring a legal action against Us to recover on this Policy earlier than sixty(60)
days after You have furnished Us with proof of claim in accordance with the Proof of Claim
provisions of this Policy.You may not bring any legal action against Us to recover on this
Policy after two(2)years from the time proof of claim is required under this Policy.
Misrepresentation
1. You make any misstatement, omission or misrepresentation,whether intentional or
i
unintentional, in the information or documentation You,Your TPA or any other
party acting on Your behalf,provide to Us,and which We rely upon during the ,
underwriting of this Policy; or
2. after this Policy is issued,We learn of expenses or claims that were incurred or paid,
but not reported to Us,during the underwriting of this Policy,
We have the right, at Our election,to rescind this Policy or to revise the premium rates,
deductibles,and terms and conditions of this Policy in accordance with Our underwriting
practices in effect at the time the Policy was underwritten.Any such revisions may be made
retroactive to the Policy Effective Date.
No ERISA Liability
Under no circumstance will We accept responsibility as a"Plan Administrator"or be
deemed a"plan fiduciary"with respect to your Plan under the Employee Retirement Income
Security Act of 1974, as amended.
Non-Participating Policy
This Policy is non-participating and does not share in Our surplus earnings.
Policy Amendment
No change in this Policy,or waiver of any of its provisions,will be valid unless such change
or waiver is in writing and agreed to by Us at Our U.S.Headquarters and made a part of this
Policy.No agent,broker,TPA, or managing general underwriter has authority to change this
Policy or waive any of its provisions. ,
02-SL 18 Sample Stop-Loss Contract
Section VI
General Provisions
Policy Renewal
This Policy may be renewed on the Policy Anniversary Date unless it has been terminated or is
subject to termination in accordance with the Termination Provisions of this Policy. Policy
changes for any renewal policy will appear on a revised Schedule of Benefits and/or a Policy
amendment. Your payment of the renewal premium after receipt of the revised Schedule of
Benefits and/or Policy amendment constitutes acceptance of the renewal policy by You.
Premium Provisions
Our Grace Period for Premium Payments
premium payment has Premium is due on or before the Premium Due Date.
been extended to 45 Grace Period
days to allow our A grace period of thirty-one(3 1)days will be allowed for the payment of each premium
policyholders and their due after the first premium has been paid. This Policy will continue in force during the
TPAs more time to grace period. If a premium is not paid by the end of the Grace Period,this Policy will
coordinate this activity. terminate,without notice to You, as of the last date for which premium was paid.
For more information, Premium Data
see page 23, item V. You must provide a report to Us with each premium payment,in a form satisfactory to
Us,that lists:
1. the number of each type of Covered Unit, for each Covered Benefit, under Your
Plan on the first day of the Benefit Month; and
2. the amount of premium paid.
We use such premium data reports solely to process premium. They do not replace any
report required, or which may be required, under Section IV of this Policy.
Severability
In the event that any provision of this Policy is invalidated by a court of competent
jurisdiction,all remaining provisions of the Policy shall continue in full force and effect.
Item 3 in our Termination Termination Provisions
Provisions has been 1. If You fail to pay the premium,this Policy will terminate in accordance with the
lowered to a minimum of Premium Provision of this Policy;
100 participants to 2. If Your Plan is terminated,this Policy will terminate on the date the Plan terminated;
accommodate smaller or
groups. For the new 3. If You fail to maintain a minimum of 150 participants in Your Plan at any time
provision,see page 24, during the Policy Year, We may elect to terminate this Policy at the end of the first
item VI. month during which there are less than 150 participants.
4. This Policy will terminate at the end of the Policy Year unless renewed.
Item 7 also has 5. If You,or Your TPA,fail to satisfy any of Your obligations under this Policy, We may
changed. We have terminate this Policy by giving You sixty(60)days advance written notice.
lowered our advance 6. We may terminate this Policy within thirty-one(3 1)days of the end of the Policy Year.
,notice requirement to 31 7• You may terminate this Policy at any time by providing Us with 90 days advance
days,giving our written notice at Our U.S.Headquarters.
policyholders more The parties to this Policy may agree in writing to terminate it at any time.
control over their Reinstatement
coverage. For more If this Policy is terminated for non-payment of premium,We may,at Our sole discretion,
details,see page 24, agree to reinstate it as of the date it terminated upon payment of all outstanding premium.
item Vll. We may require You to provide certain information to Us before We will consider
Ireinstating the Policy.
02-SL 19 Sample Stop-Loss Contract
Section VI
General Provisions
Time Limitations
If any time limitation in this Policy is less than that permitted by the law of the state in which
the Application was taken, the limitation is hereby extended to the minimum
period permitted by the law.
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02-SL 20 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Endorsement
This standard This Endorsement is made part of the Policy to which it is attached.
endorsement is attached I. The Transplant Definition in Section I, "Definitions,"is deleted and replaced by the
to all Stop-Loss policies.
following:
State approval and Transplant: The transplant of organs from human to human, including bone
variations may apply. marrow, stem cell and cord blood transplants. Transplants include only those
Ask your Sun Life transplants that: (a)are approved for Medicare coverage on the date the Transplant is
Financial representative performed; and(b)are not otherwise excluded by this Policy.
for more information. A Transplant must be performed at a Transplant Facility to be considered for
reimbursement under this Policy. Skin and cornea transplants are not considered a
transplant for the purpose of determining Eligible Expenses under this Policy, but
are considered Eligible Expenses if covered by Your Plan.
H. Item 17 in Section 11, "Benefit Provisions—Limitations and Exclusions,"is deleted.
Effective Date: [Date]
President Secretary
02-SL-END-1 21 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Endorsement
This standard This Endorsement is made part of the Policy to which it is attached.
endorsement is attached Item 2 in Section II,"Benefit Provisions-Limitations and Exclusions," is deleted and
to all Stop-Loss policies. replaced by the following:
2. Expenses that are payable or reimbursable under any Workers' Compensation
State approval and Law or similar legislation.
variations may apply.
Ask your Sun Life Effective Date: [Date]
Financial representative
for more information.
< L
President Secretar
y
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02-SL-END-2 22 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Endorsement
This standard This Endorsement is made art of the Policy which d
endorsement is attached p Y to 1 it is attached.
.
to all Stop-Loss policies. I. The Covered Person definition in Section I, "Definitions," is deleted and replaced by
State approval and the following:
variations may apply. Covered Person: A person enrolled in Your Plan and entitled to receive benefits under
Ask your Sun Life Your Plan during the Run-In Period or while this Policy is in force. Retirees, as
Financial representative defined by Your Plan, may be Covered Persons if they are included on the Schedule(s)
for more information. of Benefits.
H. The Dependent definition in Section I, "Definitions", is deleted and replaced by the
following:
Dependent: A person enrolled in Your Plan and entitled to receive benefits under
Your Plan as a dependent of a Covered Person. If the law of the state where the Policy
is issued requires that domestic partners be covered under Your Plan,then individuals
who are domestic partners under the law shall be considered Dependents under the
Policy.
III. The State Health Care Surcharges provision in Section II,"Benefit Provisions-
Expenses Eligible for Reimbursement"is deleted and replaced by the following:
State Health Care Surcharge
If You pay a state health care surcharge imposed by Louisiana,Massachusetts or New
York in connection with the payment of Eligible Expenses,such health care surcharges
are included as Eligible Expenses. We will only reimburse health care surcharges
imposed by New York up to 8.85%of the amount upon which the surcharge was
levied.
IV. The following provision is added to Section II, "Limitations and Exclusions":
Notwithstanding any other Policy provision,We will not reimburse any expense
incurred by any employee, or by the employee's dependents,where the employee is a
member of. (a)a division,unit, group, subsidiary, affiliate, or class of employee of the
Policyholder; or(b)an association,trust,cooperative or similar organization connected
with the Policyholder,that is not covered by the Plan as of the Policy Renewal
Effective Date.
V. The Grace Period provision in the"Premium Provisions"of Section VI, "General
Provisions"is deleted and replaced by the following:
Grace Period
A grace period of forty-five(45)days will be allowed for the payment of each premium
due after the first premium has been paid. This Policy will continue in force during the
grace period.If a premium is not paid by the end of the Grace Period,this Policy will
terminate,without notice to You,as of the last date for which premium was paid.
02-SL-END-3 23 Sample Stop-Loss Contract
VI. Item 3 of the Termination Provisions in Section VI, "General Provisions"is deleted and
replaced by the following:
3. If You fail to maintain a minimum of 100 participants in Your Plan at anytime
during the Policy Year,We may elect to terminate this Policy at the end of the
first month during which there are less than 100 participants.
VII. Item 7 of the Termination Provisions in Section VI,"General Provisions"is deleted and
replaced by the following:
7. You may terminate this Policy at any time by providing Us with 31 days
advance written notice at our U.S.Headquarters.
Effective Date: [Date]
< L
President Secretary
02-SL-END-3 24 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Endorsement
This endorsement is This Endorsement is made part of the Policy to which it is attached.
attached to all Stop-Loss The Aggregating Specific Deductible definition in Section II, "Benefit Provisions- Specific
policies that contain an Benefit"is deleted and replaced by the following:
Aggregating Specific
Deductible. Aggregating Specific Deductible: A deductible, in addition to any Specific Benefit
State approval and Deductible, applied to the calculation of the Specific Benefit that must be satisfied
variations may apply. before Eligible Expenses are reimbursable under this Policy. The Aggregating Specific
Ask your Sun Life Deductible is satisfied by applying any Eligible Expenses that exceed the Specific
Financial representative Benefit Deductible for any Specific Benefit claim. The Aggregating Specific Deductible
for more information. is shown on the Schedule of Benefits.
The Eligible Expenses for any Covered Person that are applied to the Aggregating
Specific Deductible shall, for the purpose of calculating the Specific Benefit Lifetime
Maximum Reimbursement for the Covered Person,be deemed to be a Specific Benefit
paid for the Covered Person.
Effective Date: [Date]
President Secretary
02-SL-END4 25 Sample Stop-Loss Contract
SunExcel® Transplant Benefit Rider
This optional rider adds
SunExcel, our voluntary Effective [Date],this Rider is attached to and made part of Stop-Loss Policy No. [number]
Centers of Excellence issued by Sun Life Assurance Company of Canada(the"Policy").
program.When added, Introduction
this option lowers The SunExcel®Transplant Benefit provides a number of benefits,which include:
your Specific premium . providing Covered Persons with access to Centers of Excellence Transplant
rates and provides Facilities;
access to a network of
leading transplant . reducing the Specific Benefit Deductible for a Covered Person who uses a Centers
facilities. of Excellence Transplant Facility for a Transplant;
• payment of the transplant network access fee;
It also offers numerous reimbursement for travel and lodging expenses incurred by a Covered Person
benefits to the immediately prior to, and following, a Transplant if such expenses are covered
policyholder and patient: under Your Plan; and
• premium discount reimbursement for certain expenses and deductibles paid by the Policyholder.
• reduced Specific
Deductible when a Definitions
transplant is All capitalized terms used in this Rider shall have the meaning attributed to them by the
performed through the Policy.For the purpose of this Rider,the following term shall be defined as follows:
SunExcel program Centers of Excellence Transplant Facility:A Transplant Facility We have
• reimbursement for the contracted with as part of the SunExcel®program.
patient's transplant-
related out-of-pocket Requirements
expenses when a To qualify for the SunExcel Transplant Benefit,You and Your Plan must satisfy all of the
transplant is following requirements:
performed through the 1. Your Plan must:
SunExcel program a) require precertification for Transplant related hospitalizations and outpatient
Transplant procedures;
SunExcel is flexible and b) offer a minimum Transplant benefit of$300,000.00;
can supplement most c) treat Centers of Excellence Transplant Facilities as in-network providers; and
existing networks that
are already in place. 2. You must:
a) amend Your Plan to include the SunExcel®Transplant Benefits listed in section
3 and 4 below;
b) require Your TPA and Provider Network(s)to permit Covered Persons to access
SunExcel®Centers of Excellence Transplant Facilities;
c) advise Your TPA and Medical Management Vendor(s)that Covered Persons
may access Centers of Excellence Transplant Facilities,and instruct Your TPA
and Medical Management Vendor(s)to contact Us at 1-888-40RGANS when
they receive notice that a Covered Person may require a Transplant;
d) advise Covered Persons that they may access Centers of Excellence Transplant
Facilities if they need a Transplant; and
e) agree to waive any exclusion under Your Plan that excludes expenses relating to
the acquisition of an organ for a Transplant("organ acquisition expenses"),
when organ acquisition expenses are included in the global fee negotiated with a
Centers of Excellence Transplant Facility.
02-SL-STBR 26 Sample Stop-Loss Contract
SunExcel® Transplant Benefit Rider
SunExcel®Transplant Benefit
If You satisfy the requirements set forth above, and a Covered Person has a Transplant
performed at a Centers of Excellence Transplant Facility, We will:
' 1. reduce the Specific Benefit Deductible for the Covered Person by$[Amount] for the
Policy Year in which the Transplant occurs; and
2. pay any fee required for access to the Centers of Excellence Transplant Facility.
In addition, if Your Plan provides the following benefits as covered benefits under the
SunExcel®Transplant Benefit,Eligible Expenses will include:
3. up to$5,000.00 for any travel and lodging expenses incurred by the Covered Person
and one companion immediately prior to, and following,the Transplant; and/or
4. up to$1,500.00 for any deductible and co-payments waived by, or paid to, the
Covered Person by Your Plan,for the year in which the Transplant occurs.
02-SL-STBR 27 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Policy Amendment
1
This optional Policyholder: [Name]
amendment adds '
coverage for certain Policy Number: [Number]
clinical trials.
The Policy is hereby amended for the purpose of determining whether expenses incurred by
When added, it provides a Covered Person resulting from his or her participation in a Phase lI or III clinical trial
stop-loss protection for ("Clinical Trial Expenses")are Eligible Expenses.
patients seeking
potentially life-saving For expenses submitted for reimbursement under the Policy other than Clinical Trial
treatments. Expenses, all Policy provisions shall apply as if this Amendment did not exist.
Pursuant to this Amendment,Eligible Expenses will include Clinical Trial Expenses when: '
(a)You provide Us with:
1. A copy of the clinical trial treatment protocol from the facility that conducted '
the clinical trial; and
2. A copy of the Covered Person's signed consent and authorization to participate
in the clinical trial; and '
(b)You provide documentation that demonstrates to Our satisfaction that:
1. The Treatment was provided as part of an ongoing Phase II or III clinical trial
sponsored by the National Cancer Institute,National Institute of Health or the
FDA; and
2. The Treatment provided by the clinical trial is covered by Your Plan; and
I Funding is not available for the routine costs of the clinical trial from the
National Cancer Institute,the National Institute of Health,the FDA or any other
entity. "Routine costs"shall have the meaning attributed to it by the Centers for
Medicare and Medicaid Services in its Coverage Issues Manual for clinical
trials;and
4. The clinical trial has been approved by an institutional review board. An
"institutional review board"shall mean a committee of physicians, statisticians,
researchers, community advocates and others that ensures that a clinical trial is
ethical and that the rights of trial participants are protected; and
(c)You submit to Us: '
A determination by an Independent Review Panel, in which a majority of the panel
agrees and represents to Us,that the Treatment provided to the Covered Person as
part of the clinical trial constitutes the standard of care for the treatment of the
Covered Person's medical condition.
The Independent Review Panel must be obtained through a vendor agreed to by Us.
The cost of the Independent Review Panel will be considered an Eligible Expense.
Any capitalized or defined term used in this Amendment shall have the meaning attributed to
it in the Policy.
02-SL-CLIN 28 Sample Stop-Loss Contract '
Sun Life Assurance Company of Canada
Policy Amendment
This Amendment shall apply only to Clinical Trial Expenses for Treatment Incurred by a
Covered Person after the Effective Date of this Amendment. This Amendment shall not
apply to Clinical Trial Expenses for Treatment Incurred by a Covered Person if the Covered
Person: (a) is enrolled in; (b)has been evaluated for participation in; (c)has signed a consent
form for; or(d)has been recommended to participate in a Phase lI or III clinical trial prior to
the Effective Date of this Amendment.
It is agreed this Policy Amendment is effective on [Date] and is part of the Policy to which it
' attaches.
Signed for the Company at Wellesley Hills,Massachusetts.
< L
President Secretary
' Signature of Policyholder Date
02-SL-CLIN 29 Sample Stop-Loss Contract
Sun Life Assurance Company of Canada
Policy Amendment
Policyholder: [Policyholder name] '
Policy Number: [Policy number]
The Policy is hereby amended for the purpose of determining whether expenses incurred by a Covered Person
resulting from his or her participation in a Phase II or III clinical trial("Clinical Trial Expenses")are Eligible
Expenses.
For expenses submitted for reimbursement under the Policy other than Clinical Trial Expenses, all Policy '
provisions shall apply as if this Amendment did not exist.
Pursuant to this Amendment,Eligible Expenses will include Clinical Trial Expenses when: '
(a)You provide Us with:
1. A copy of the clinical trial treatment protocol from the facility that conducted the clinical trial; and
2. A copy of the Covered Person's signed consent and authorization to participate in the clinical trial; '
and
(b)You provide documentation that demonstrates to Our satisfaction that:
1. The Treatment was provided as part of an ongoing Phase II or III clinical trial sponsored by the ,
National Cancer Institute,National Institute of Health or the FDA; and
2. The Treatment provided by the clinical trial is covered by Your Plan; and
3. Funding is not available for the routine costs of the clinical trial from the National Cancer Institute, '
the National Institute of Health,the FDA or any other entity. "Routine costs"shall have the meaning
attributed to it by the Centers for Medicare and Medicaid Services in its Coverage Issues Manual for
clinical trials; and ,
4. The clinical trial has been approved by an institutional review board. An"institutional review board"
shall mean a committee of physicians, statisticians,researchers, community advocates and others that
ensures that a clinical trial is ethical and that the rights of trial participants are protected; and
(c)You submit to Us:
A determination by an Independent Review Panel, in which a majority of the panel agrees and represents
to Us,that the Treatment provided to the Covered Person as part of the clinical trial constitutes the '
standard of care for the treatment of the Covered Person's medical condition.
The Independent Review Panel must be obtained through a vendor agreed to by Us. The cost of the ,
Independent Review Panel will be considered an Eligible Expense.
Any capitalized or defined term used in this Amendment shall have the meaning attributed to it in the Policy.
This Amendment shall apply only to Clinical Trial Expenses for Treatment Incurred by a Covered Person after the '
Effective Date of this Amendment. This Amendment shall not apply to Clinical Trial Expenses for Treatment
Incurred by a Covered Person if the Covered Person: (a) is enrolled in; (b)has been evaluated for participation in;
(c)has signed a consent form for; or(d)has been recommended to participate in a Phase II or III clinical trial
prior to the Effective Date of this Amendment.
02-SL-CLIN
S
Sun Life Assurance Company of Canada
■ Policy Amendment
It is agreed this Policy Amendment is effective on[Effective date] and is part of the Policy to which it attaches.
Signed for the Company at Wellesley Hills,Massachusetts.
President Secretary
' Signature of Policyholder Date
r
02-SL-CLIN
Kent City Council Meeting
Date January 20, 2009
' Category Consent Calendar - 6G
1. SUBJECT: SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD)
AGREEMENTS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2009-2012
Interlocal Agreement to continue to participate in the South County Area
Transportation Board, including identifying representatives to SCATBd for the City
and providing dues, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director
The purpose of the agreement is to provide for the continuation of SCATBd as the
south portion of the region's forum for local governments to share information,
build consensus, and coordinate among jurisdictions and agencies with the goal of
priorities for regional transportation decisions.
3. EXHIBITS: Public Works Committee memo 12/31/08 and Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
' PUBLIC WORKS DEPARTMENT
41$0 Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500KENT
3 Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: December 31, 2008
To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting Date: January S, 2009
From: Larry Blanchard, Public Works Director
Subject: South County Area Transportation Board Agreements (SCATB'd)
Motion:
Move to recommend authorization for the Mayor to sign the 2009-2012 Interlocal
Agreement to continue to participate in the South County Area Transportation Board,
including identifying representatives to SCATBd from the City and providing dues.
The agreement is subject to terms and conditions acceptable to the City Attorney
and the Public Works Director.
Summary:
The parties to the 2009-2012 Agreement for the South County Area Transportation
Board (SCATBd) recognize that multi-jurisdictional transportation planning and
coordinated transportation plans benefit their citizens.
The purpose of the Agreement is to provide for the continuation of SCATBd as the
south portion of the region's forum for local governments to share information, build
consensus, and coordinate among jurisdictions and agencies with the goal of
providing advice on plans, programs, policies and priorities for regional
transportation decisions.
U IPTVComm neeWclion gel doe
South County Area Transportation Board
' MS: KSC-TR-0814
201 South Jackson Street
' Seattle,WA 98104-3856
Phone: (206)263-4710 Fax:(206)684-2111
December 30, 2008
The Honorable Suzette Cooke
Mayor, City of Kent
220 4th Ave. S.
Kent,WA 98032
Dear Mayor Cooke:
On December 16,2008 the South County Area Transportation Board(SCATBd)
approved a revised agreement to extend SCATBd's activities through 2012.The revisions
to this agreement, as well as the agreements for the Eastside Transportation Partnership
and the SeaShore Transportation Forum,were developed by a joint subcommittee with
representation from all three boards. The revisions are intended to provide more
consistency and clarity for the boards' operations, and more opportunities for
coordination among the subareas. Highlights of the proposed changes include the
following:
• Clarify voting and non-voting members,and seek consistency among the subareas
in representation by the Port of Seattle, State Transportation Commission and
local transit agencies from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted,but voting
on recommendations about subarea-based resource issues is limited to those
jurisdictions located within the geographic boundaries of the subarea.
• Establish consistent dues of$100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting
annually, to promote discussion of issues that cross subarea boundaries.
Attached is the revised approved SCATBd agreement,which we are sending to all
participating cities and agencies for their individual approval. We hope that your
governing body reviews this and takes action to approve it by mid-January. Approval by
your governing body should include authorizing the appropriate person to sign the
agreement on your city's behalf. A draft resolution to facilitate that process is attached.
After your city has approved the agreement,please sign in the appropriate signature block
and return it to Sally Marks, Supervising Transportation Planner,King County
Department of Transportation, 201 S. Jackson Street, Seattle, WA. 98104.
After all the parties have signed, you will receive a completed copy of the agreement for
your records.
2009 SCATBd Agreement
December 30,2008 ,
Page 2 of 3
If you have questions,please contact Sally Marks at 206-263-4710 or
sally.marksgkin county.go_v. Thank you very much for your cooperation.
Sincerely, ,
Suzette Cooke Sue Blazak ,
Mayor,Kent Councilmember, Burien
SCATBd Chair SCATBd Vice Chair
Attachment: 2009-2012 SCATBd Agreement
Draft Resolution
i
1
1
1
1
t
1
2009 SCATBd Agreement
December 30, 2008
Page 3 of 3
DRAFT RESOLUTION for SCATBd Member Jurisdictions and Agencies to Use to
Approve the 2009-2012 SCATBd Agreement
A resolution supporting the continuation of the South County Area Transportation Board
(SCATBd) as the South King County forum for information sharing, consensus building
and coordinating to provide advice on regional transportation issues and approve
continued participation by the City of / (agency)/_County
WHEREAS,the South King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS,these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the SCATBd has been an effective forum for information sharing,
consensus building and providing valuable input on transportation planning and
implementation decisions; and
WHEREAS,the SCATBd recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries;
WHEREAS,the City of /agency/ County has participated as a member,
NOW,THEREFORE,BE IT RESOLVED that
The City of /agency/ County hereby approves the 2009-2012 Interlocal
Agreement(attached)to continue to participate in the South County Area Transportation
Board, including identifying representatives and providing dues, and authorizes
to enter into this Interlocal Agreement.
Date
_(signed) (signed)
2009-2012 Agreement
for the
South County Area Transportation Board '
Parties to Agreement
City of Algona City of Renton
City of Auburn City of SeaTac
City of Black Diamond City of Tukwila
City of Burien King County
City of Covington Muckleshoot Tribe
City of Des Moines Pierce County
City of Enumclaw Pierce Transit
City of Federal Way Port of Seattle
City of Kent Puget Sound Regional Council
City of Maple Valley Sound Transit
City of Milton Transportation Improvement Board
City of Normandy Park Washington State Department of Transportation
City of Pacific Washington State Transportation Commission
Transmittal date to participating members for approval: December 30,2008
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called ,
"Algona";the CITY OF AUBURN,hereafter called"Auburn";the CITY OF BLACK DIAMOND,
hereafter called"Black Diamond"; the CITY OF BURIEN, hereafter called`Burien"; the CITY OF
COVINGTON,hereafter called"Covington";the CITY OF DES MOINES,hereafter called"Des
Moines";the CITY OF ENUMCLAW hereafter called "Enumclaw";the CITY OF FEDERAL WAY,
hereafter called"Federal Way";the CITY OF KENT,hereafter called"Kent";the CITY OF MAPLE
VALLEY, hereafter called"Maple Valley"; CITY OF MILTON,hereafter called"Milton"; the CITY
OF NORMANDY PARK, hereafter called"Normandy Park";the CITY OF PACIFIC,hereafter called
"Pacific";the CITY OF RENTON, hereafter called"Renton"; the CITY OF SEATAC, hereafter called
"SeaTac";the CITY OF TUKWILA,hereafter called"Tukwila";the MUCKLESHOOT TRIBE;
KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County";
PIERCE COUNTY, a legal subdivision of the State of Washington,hereafter called"Pierce County;
the PUGET SOUND REGIONAL COUNCIL, hereafter called the"PSRC'; the CENTRAL PUGET '
SOUND REGIONAL TRANSIT AUTHORITY, hereafter called"Sound Transit"; PIERCE
TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called
"WSDOT"; the WASHINGTON STATE TRANSPORTATION COMMISSION,hereafter called the
"Transportation Commission";the TRANSPORTATION IMPROVEMENT BOARD, hereafter called
"TIB"; and the PORT OF SEATTLE.
WHEREAS,the parties to this agreement recognize that multi jurisdictional transportation planning '
and coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board(SCATBd)has effectively served as the
central forum for information sharing, consensus building, and coordination to develop
recommendations for transportation policies,projects and programs for the South King subarea; and
I
WHEREAS, the King County Comprehensive Plan for Public Transportation- Long Range Policy
Framework,adopted in 1993, divided Metro service into three geographic subareas for the purpose of
allocating new transit subsidy; and
WHEREAS, the Six-Year Transit Development Plan, adopted in 1995, called for the three subarea
transportation boards(the Eastside Transportation Partnership, South County Area Transportation
Board, and SeaShore Transportation Forum)to review,refine, and recommend service priorities to the
King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend
Sound Transit plans and implementation of projects and services; and
WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented
on the attached map(Exhibit A);
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to provide for the continuation of the South County Area
Transportation Board(SCATBd)as the South forum for local governments to share information, build
consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on
plans,programs,policies and priorities for regional transportation decisions.
2.0 Role of Subarea Transportation Boards
1. The South County Area Transportation Board(SCATBd) is the forum established for the
South subarea of King County for elected officials to provide advice into the following
decisions:
a. The King County Metro six year transit development plan, and implementation of
transit service priorities
b. Sound Transit plans and implementation of projects and services
2. The SCATBd may also provide input on other countywide and regional transportation issues.
3. The three subarea transportation boards shall hold at least one joint meeting annually to
address issues of mutual interest and concern and promote regional decisions.
2
3.0 Voting and Non-voting Members
3.1 The voting members of SCATBd and their voting rights shall be as follows:
Voting Members Number of Reps. Voting,Rights
Sound Metro TranSit2 Regional Other
Transit' Competition
Algona 1 Yes Yes Yes Yes
Auburn 1 Yes Yes Yes Yes
Black Diamond 1 No Yes Yes Yes
Burien 1 Yes Yes Yes Yes
Covington 1 No Yes Yes Yes
Des Moines 1 Yes ' Yes Yes Yes
Enumclaw 1 No Yes Yes Yes
Federal Way 1 Yes Yes Yes Yes
King County 3 Yes Yes Yes Yes
Kent 1 Yes Yes Yes Yes
Maple Valley 1 No Yes Yes Yes
Milton 1 Yes Yes Yes Yes
Muckleshoot Tribe 1 Yes Yes Yes Yes
Normandy Park 1 Yes Yes Yes Yes
Pacific 1 Yes Yes Yes Yes
Renton 1 No Yes Yes* Yes
SeaTac 1 Yes Yes Yes Yes
Tukwila 1 Yes Yes Yes Yes
Pierce County 1 No No No Yes
3.2 The non-voting members of SCATBd shall be as follows:
Non-Voting Member Number of Representatives
Sound Transit 1
PSRC 1
WSDOT 1
TIB 1
Pierce Transit 1
Port of Seattle 1
Washington State Transportation Commission 1
Private sector representation if approved by SCATBd 1
t Recommendations on Sound Transit capital and service plans and implementation
2 Recommendations on Metro Transit service plans
3 Identification of projects for the regional competition,if prescribed by the process approved by the King County members of the Transportation
Policy Board(*projects in Renton south of the Cedar River)
°Other recommendations including:
• Recommendations to the PSRC on plans,policies and programs,such as input on alternatives,policies and criteria for the regional transportation plan,on studies and
analyses conducted,on criteria,on funding policies,and on regional priorities
• Recommendations to the State Legislature,committees and commissions established by the Legislature,such as input on proposed legislation,on recommendations
from commissions;and on transportation budgets and priorities.
• Recommendations to WSDOT on projects,policies,programs,priorities and funding,such as input on alternatives,f indmg,and priorities for major corridors,on
tolling,on transportation demand management;on Commute Trip Reduction;on active traffic management;and on state transportation plans.
• Recommendations to the State Transportation Commission,such as input on policies regarding tolhng,preservation,capacity improvements and funding
• Recommendations to the federal delegation on federal legislation,such as input on reauthorization,and on funding priorities
3
3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound
Transit capital and service plans and implementation, Metro Transit service plans, and identification
of projects for the regional competition, if prescribed by the process approved by the King County
caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction.
4.0 Representation and Conduct
4.1 The representation on the South County Area Transportation Board(SCATBd) shall be as
follows:
1. Elected officials appointed for a one-year term from each of the participating counties and
cities, in the number specified above. King County representation shall be a maximum of two
Councilmembers and the King County Executive or his designee.
2. High level staff from WSDOT,Pierce Transit, the Port of Seattle and the PSRC; a South King
subarea board member of Sound Transit;the Director of the TIB; and a representative
designated by the Washington Transportation Commission.
3. A representative of a private sector group or groups as determined by SCATBd.
4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place
of designated voting representatives in the absence of the designated representative.
4.3 On an annual basis,member jurisdictions shall inform the Lead Agency in writing of its
representatives and alternates and provide the appropriate contact information for each.
4.4 The SCATBd will be responsible for overall program direction,approving Technical Advisory
Committee recommendations and providing direction for input on transportation decisions
4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and
modifications to such bylaws and rules will not alter this Agreement.
4.6 The SCATBd may establish subcommittees as it determines appropriate.
4.7 With a simple majority of voting members as shown in Section 3.1,the SCATBd can adopt
resolutions,authorize correspondence,request studies,or provide other advisory input to member
jurisdictions or regional and state activities, including plans policies,programs,projects or legislative
issues.
4.8 Any voting member may request that a minority statement be included in communications or
otherwise distributed with the adopted majority position.
5.0 Chair and Vice Chair
5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city
located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a
majority of the voting representatives from jurisdictions within the subarea's geographic boundaries.
5.2 The chair and vice chair shall be nominated by a nominating committee established in
November of each year, and nominated in December of each year.
4
5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of
the following year.
5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures
and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence,and speaking on behalf of the SCATBd.
6.0 Technical Advisory Committee(TAC)
6.1 Each member jurisdiction or agency shall appoint at least one planning,public works and/or
intergovernmental staff person to the Technical Advisory Committee(TAC). Private sector groups
shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute
such staff as is necessary to accomplish the work program adopted by the SCATBd.
6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the
SCATBd and their respective members on emergent transportation issues, and be responsible for
overall program development including drafting of the work program. The TAC shall also review
consultant work, and coordinate its activities with adjacent jurisdictions, including the other subarea
transportation forums.
6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The
TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present.
If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members
may present discussion questions or a dissenting opinion to the SCATBd for consideration.
7.0 Lead Agency
7.1 King County will be the lead agency for the purposes of receipt of funds, contract
administration, and disbursement of funds associated with consultant contracts and study-related
expenses. King County shall appoint a staff member to serve as Project Manager for special projects.
King County shall also provide general administrative and program support for the SCATBd. King
County assumes wage and benefits cost of its staff performing Lead Agency responsibilities.
7.2 Lead Agency responsibilities include administrative and technical support for meetings and
ongoing operations; collection, administration and distribution of dues; support to the chair and vice
chair;preparation of correspondence and other materials; development and monitoring of work
program; and coordination of consultant services or other special projects as directed by the SCATBd.
8.0 Annual Work Program
The SCATBd may undertake activities consistent with its purposes and shall prepare an annual
progress report and work program for the following year for submittal to its members.
5
9.0 Financing and Cost Sharing Guidelines
9.1 Yearly Dues --Each member city will contribute$100.00 annually per vote awarded to remain
members in good standing. The designated Lead Agency shall not be required to pay yearly dues.
This revenue shall be used for special events, including an annual joint meeting of the subarea
transportation boards,public education, or other expenses authorized by the SCATBd.
9.2 The following guidelines shall generally apply:
1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether
an additional financial contribution will be requested of the SCATBd jurisdictions.
2. Voting Members: If additional financial contributions are determined to be necessary,costs
shall be shared among member jurisdictions other than King County by a method as determined
by action of the SCATBd. Unless agreed to otherwise,King County's share shall be limited to
the costs of providing staff support.
3. Non-voting Members: The member agencies shall not be expected to make a direct funding
contribution.
4. Modification to Agreement Required: A modification to this agreement specifying cost-
sharing,purpose, scope of work and other details is required to obligate a member jurisdiction
to funding participation.
10.0 Withdrawal of a Party from this Agreement
Each party,for its convenience and without cause or for any reason whatsoever,may withdraw from
participation in this Agreement by providing written notice, sent certified mail,return receipt required,
to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A
withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any
contributions required to be paid to other parties under this Agreement for costs which had been
obligated prior to the effective date of the withdrawal. In the event a party withdraws,the remaining
parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and
revenue allocations. In the event of withdrawal by a party,this Agreement shall terminate as to that
party but shall continue in effect with respect to the remaining parties. However,the termination of
this Agreement with respect to one or more parties shall not affect any of the parties' rights or
obligations,including any rights or obligations of a withdrawing party,that are expressly intended to
survive termination.
Each parry's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the parry's governing body of sufficient funds to support
said obligations. Should such an appropriation not be approved for a future year,a party may exercise
its right to withdraw as provided herein.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
all the tasks have been completed to the satisfaction of the SCATBd or until such time as the
participating members choose to conclude the program for other reasons, but in no case shall the
program extend beyond December 31, 2012,unless terminated earlier or extended in accordance with
Section 11.0. If all parties desire to extend this Agreement beyond December 31,2012,they shall
6
execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31,
2014.
12.0 Termination ,
All parties to this Agreement must agree to terminate this Agreement in order for such termination to
be effective. If all parties desire to terminate this Agreement,they shall execute a Statement of
Termination. Upon termination,no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 13.0.
13.0 Real and Personal Property
'
P
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 11.0, any personal property other than cash shall
remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is terminated in accordance with Section 11.0, any
unexpended and uncommitted funds shall be distributed proportionately to those parties to this
Agreement at the time of termination based on each parry's percentage share of the original
contribution.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents '
of one party or any of its contractors or subcontractors shall be deemed,or represent themselves to be,
employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees,principals and agents from all claims, demands, suits, actions,and liability of any kind
whatsoever which arise out of, are connected with,or are incident to any negligent acts of the first
party, its contractor,and/or employees, agents,and representatives in performing the first party's
obligations under this Agreement. The parties agree that their obligations under this paragraph extend
to claims made against one party by the other party's own employees. For this purpose,the parties, by
mutual negotiation,hereby waive any immunity that,as respects the other party only, would otherwise
be available against such claims under the industrial insurance provisions of RCW Title 51. In the
event either party incurs attorney's fees,costs or other legal expenses to enforce the provisions of this
section,against the other party, all such fees,costs and expenses shall be recoverable by the prevailing
party.
7
16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations,representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between
the parties.
17.2 This Agreement may be modified or extended only b written instrument signed b all the
�' Y Y Y � Y
parties hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
8
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed and delivered by its duly authorized officer
or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By: By: By:
Date: Date: Date:
City of Burien City of Covington City of Des Moines
By: By: By:
Date: Date: Date:
City of Enumblcaw City of Federal Way City of Kent
By: By: By:
Date: Date: Date:
City of Maple Valley City of Milton City of Normandy Park
By: By: By:
Date: Date: Date:
City of Pacific City of Renton City of Sea Tac
By: By: By:
Date: Date: Date:
City of Tukwila King County Muckleshoot Tribe
By: By: By:
Date: Date: Date:
Pierce County Pierce Transit Port of Seattle
By: By: By:
Date: Date: Date:
Puget Sound Regional Council Sound Transit Transportation Improvement Board
By: By: By:
Date: Date: Date:
Washington State Department of Washington State Transportation
Transportation Commission
By: By:
Date: Date:
9
Exhibit A
Burl n Tuk 11
SeaTac
Norm ndy Park
King County
Apr
K
e oin s t MaWle Valley
Cov
/ In6ton
Federal Way uburn Black Diamond
lgona
acific
ilton Muckleshoot Tribe
Pierce Lrity
o
Enumclaw93
South King County Subarea 2008 0 SCATBd
South County Area Transportation Board (SCATBd) SCATBD and ETP
The Information Included an this map has been compiled by King
County staff Irans variety of sources and Is subject to change
without notice.King County makes no representations or
antles,expressed or Implied,as to accuracy,comple ass,
timeliness or rights to the use of such Information.King tcoon County Shan LIM King County
not be Ilabl for my general,special,indirect,Incidental,or Cedar River
cansequenZ damages Including,but not limited to.lost revenues
vi,rest prords resulting from the use or misuse of the Intomad n 00.51 2 3 4
, in Roads
contained map.Arty sale of map or information
King m3K3=m==�Miles
map isprohibit.cl.0. bywrotterip—m.inof ngCounty.
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6H
1. SUBJECT: FRED MEYER FUELING FACILITY BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Fred Meyer #172
Fueling Facility for 345 linear feet of streets and 6 street lights. The project is
located at 10201 SE 2401h Street.
i
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
WASH IN G T O N
MAIL TO:
ENGINEERING DIVISION
ATTN: Jackie Bicknell
220 4TH AVENUE SOUTH
KENT, WASHINGTON 98032
PROJECT: KIVA #2072182
LOCATION: 10201 SE 240th Street
PARCEL #:783080000608
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this day of 20_., by
and between Fred Meyer Stores, Inc., an Ohio corporation, hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of
Washington, hereinafter called "Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration, does hereby grant,
bargain, sell to Grantee the following described improvements:
A. WATERMAINS: together with a total of gate valves at $
each, hydra at $ each and / or any
other appurtenances thereto.
ON FRO /f TO
(street, esmt, etc) V
//-,f
Including linear feet at $ per LF of
(size & type waterline.
1 of 4
Bill of Sale
B. SANITARY SEWERS: Together with a total of manholes at ,
$ each and / or any other appurtenance eto.
ON FROM TO
(street, esmt, etc)
Including near feet at $ per LF of
(size & ty sewer line.
C. STREETS: Together with curbs, gutters, sidewalks, and / or any other
appurtenances thereto.
ON FROM TO
SE 240th Street 100th Ave SE ( Sta 10+00) East P/L ( Sta 19+10 )
Including 345 LF at 35 per LF of 10' sidewalk.
D. STORM SEWERS: Together with a total of m - es at $
each or a total of catch basins at $ each, LF of
biofiltration swale or drainage ditch wit otal cost of $ CF of
detention pond storage with a to cost of $ , and / or any
other appurtenances ther
ON FROM TO
(street, esmt,
Inclu g linear feet at $ per LF of
e & type) sewer line.
E. STREET LIGHTS: Together with junction boxes, conduits, conductors and /
or any other appurtenances thereto.
ON FROM TO
SE 240th Street 100th Ave SE ( Sta 10+00) East P/L ( Sta 19+10 }
Including 6 40'/200HPS Street Lights at $ 14,650 Each j
To have and to hold the same to the said Grantee, its successors and assigns
forever.
The undersigned hereby covenants that it is the lawful owner of said
property; and that the same is free from all encumbrances; that all bills for
labor and material have been paid; that it has the right to sell the same
2of4
Bill of Sale
aforesaid; that it will warrant and defend the same against the lawful claims
and demand of all persons.
The Bill of Sale is given on consideration of the agreement of the Grantee for
itself, its successors and assigns to incorporate said utilities in its utility
system and to maintain them as provided in the applicable City Ordinances.
IN WITNESS WHER OF, the undersig'ng_d has caused this instrument to be
executed on this -��t6 day of U%e_mbe , 200�5 .
EYER STORES, INC.
( iig/nJature)
U� 1 C'W/196^ A, Sd n, 6 R
(Print)
LgpzWo
STATE OF "A SIIINGTGN )
dAW177I0M/-}H SS
COUNTY OF-Iff f )
On this `-1'' day of /VOYM{ '` , 20.0 _,before me,
the undersigned A Notary Public in and for the tate of �uly
commissioned and sworn, Personally appeared[ Q YC��.4, z. whto me
known to be the individual described in and who executed the foregoing
instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this ` `+— day of V4 204?
OFFICIAL SEAL Notary Publl and for the
ANITA K HARRISON State ofJ residing at
NOTARY PUBLIC-OREGON
COMMISSION NO.409096
MY COMMISSION EXPIRES AUGUST 14,2010
My ommission Expires:
o�
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded,
and passed by the City Council of the City of Kent, King County, Washington, on the
day of , 20_.
3 of 4
Bill of Sale
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used on the Bill of Sale for the Fred Meyer Fueling Facility project dated
May 9, 2008, were based on the "As-Built" Engineering Plans dated August 29,
2008, for the same said Fred Meyer Fueling Facility project.
]ay Grubb the undersigned P.E. or land surveyor is the person responsible for the
1
preparation of the Bill of Sale and is an employee of Barghausen Consulting
Engineers, the firm responsible for the preparation of the "As-Built" Engineering
Drawings.
Signatu a �q S.Gil?
WAsq��
52,µdo
Include P.E. stamp with original si nature above
� P9 ]
i
4of4
1
Bill of Sale
Kent City Council Meeting
Date Janua[y 20 2009
Category Consent Calendar - 6I
1. SUBJECT: S. 203RD STREET SHORT PLAT BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the South 203rd Street
Short Plat for 190 linear feet of streets, 335 linear feet of storm sewer line, 1
manhole, 5 catch basins, and 17,600 cubic feet of detention pond storage. The
project is located at 20405 - 981h Place South.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
�07q
O
KENT
WASHINGTON
MAIL TO:
ENGINEERING DEPARTMENT
ATTN: Heather Thomas
220 4TH AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: S.203rd Street Short Plat
LOCATION: 20405-98th Place South
TAX ACCT NO: 062205-9116
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this 8th day of October 2008 ,by
and between Barbara A.Miller,Successor Trustee of the Mariorie Rose Luedeman Decedent's
Trust,hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,
State of Washington,hereinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. WATERMAINS: together with a total of N/A gate valves at$
each, hydrants at$ each and/or any other appurtenances thereto.
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of
(size& type) waterline.
B. SANITARY SEWERS: Together with a total of N/A manholes at
$ each and/or any other appurtenances thereto.
1 of 4
Bill of Sale 12716.010.doc
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of
(size& type) sewer line.
C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances
thereto.
ON FROM TO
97th Place South 10+00 11+74
Including 190 centerline LF at$300 per LF of Residental
(type)streets, 26 Feet asphalt roadway.
A NORM SEWERS: Together with a total of 1 manholes at$4,000
each or a total of 5 catch basins at$2,000 each, N/A LF of
biofiltration swale or drainage ditch with a total cost of$N/A 17,600 CF of
detention pond storage with a total cost of$ 15,000 ,and/or any other
appurtenances thereto.
ON FROM TO
97th Place South 10+00 11+74
Including 335 linear feet at$30 per LF of 12-inch
(size& type) CPEP sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the
same is free from all encumbrances; that all bills for labor and material have been paid;
that it has the right to sell the same aforesaid; that it will warrant and defend the same
against the lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them
as provided in the applicable City Ordinances.
IN WITNJSS WHEREOF,the undersigned has caused this instrument to be executed on
this Q day of October ,2008
2 of 4
Bill of Sale 12716.010.doc
j
1 STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this 6 day of 06/(W- ,20 ,before me,the
undersigned A Notary Public in and for the State of Washington,duly commissioned and
sworn,Personally appeared R,"A 4-:rW Ct /14/1-C e to me known to be the
individual described in and who executed the foregoing instrument,and acknowledged to
me that he/she signed and sealed this instrument as his/her free and voluntary act and deed
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20
Notary Public in and for the
State of Washington,residing at
VA E
�# N� .b....•• •� V'
GD@p4�. E,rA.C9G�i
OTAp
My Commission Expires:
� Z
......• Jam_ 1
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and
passed by the City Council of the City of Kent,King County,Washington,on the
day of '20
3 of 4
Bill of Sale 12716.010.doc
t
t
KENT
WASH I N O T O N
ADDENDUM TO BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
1
The figures used on the Bill of Sale for South 203rd Street Short Plat
project dated 311412008 , were
based on the"As-Built" Engineering Plans dated 101612008 , for
the same said South 203rd Street Short Plat project.
Ali Sadr, P.E. the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm
responsible for the preparation of the"As-Built"Engineering Drawings.
Signature t
t
t
12716.01 Ldoc[2/9/06)
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6J
1. SUBJECT: TOTEM MIDDLE SCHOOL PORTABLES BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Totem Middle School
Portables for 21 linear feet of watermain, 1 gate valve, 188 linear feet of streets,
39 linear feet of storm sewer line, and 1 manhole. The project is located at
26630 - 40th Avenue South.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
w
KENT
W A S H I N G T O N
MAIL TO:
• ENGINEERING DEPARTMENT
ATTN:
220 0 AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: Totem MS Portables
LOCATION: 26630—40` Av. S.
TAX ACCT NO: 2722049152
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this day of 20 ,by
and between Federal Way School District
,hereinafter called"Grantors",and City of Kent,a municipal corporation of King
County,State of Washington,hereinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. WAT . MAiN : together with a total 1 gate valve at $ 1800.00 each,
0 hydrants at$ NA each and/or any other appurtenances thereto.
ON 40t"Av. South FROM Cambridge Court TO S.268`b Street
(street,esmt,etc)
Including 21 linear feet at$ 50.00 per LF of 8" Ductile Iron (size&type) waterline.
B. SANITARY SEWERS: Together with a total of 0 manholes at
$ NA^ each and/or any other appurtenances thereto.
Including 0 linear feet at$ NA per LF of NA (size&type) sewer line.
1 of 4
n:n ..ro..i..
i
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 5 i" day of U o4.ejm6e.r ,20 0 cb ,before me,the
undersigned A Notary Public in and for the State of Washington,duly commissioned and
sworn,Personalty appeared 'rho w.a t: ?. . M u e o" to me known to be the
individual described In and who executed the foregoing instrument,and acknowledged to
me that he/she signed and sealed this instrument as his/her free and voluntary act and deed
for the uses and purposes therein mentioned.
G][VEN under my hand and official seal this ` day of t4o C �-"e✓20 0
w
Notary Public in and for the
State of Washington,residing at
F,e ke
NOTARY PUBLIC
STATE OF WASHINQTON My Commission Expires:V%L*-I 1� 09
CHIRISTINE R POPICH
My Appointment Expires Feb.12,2009
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and
passed by the City Council of the City of Kent,King County,Washington,on the
day of_ ,20
3 of 4
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used for this Bill of Sale for the Totem Middle School Portables project,were
based on an "As-Built Survey" of the Engineering Plans by AHBL,Inc. and the
construction there from, dated August 18,2008 for the same said Totem
Middle School Portables project.
I,Gary D.Letzring the undersigned Land Surveyor, an employee of Prizm Surveying, is
the person responsible for the certification and preparation of the"As-Built Survey" of the
approved Engineering Drawings as provided and already on file with the City of Kent.
r ,4�aF WAsb�
f
. f
,pry 1
slO��► s� Signature
4 of 4
Bill of Sale
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6K
1. SUBJECT: KENT SOUTH PLANNED UNIT DEVELOPMENT ("PUD") SANITARY
SEWERS BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Kent South PUD for
2,258 linear feet of sanitary sewer, and 15 manholes. The project is located at
Riverview Boulevard south of 216tn
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
t1 Bill of Sale
Page 1 of 3
KENT
W A S H I N G T O N
MAIL TO:
ENGINEERING DEPARTMENT
ATTN:
220 4T AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT:Kent South PUD-2003-4
KIVA#2033813
LOCATION:Riverview Blvd S.of 216th
TAX ACCT NO:102204-9030-03
102204-9100-08
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this day of cJ�20 O<�, ,by and
between Riverview South,L.L.C. ,
hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of
Washington,herinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. WATERMAM: together with a total of gate valves at$
each, hydrants at$ each and/or any other
appurtenances thereto.
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of
(size&type) waterline.
B. SANIT RY S .WEBS: Together with a total of 15 manholes at
$ -4/Sao'2 each and/or any other appurtenances thereto.
ON Roads A,C,D& and FROM SSMH 10(Phase 1, TO
Driveways D,•E&F Kent South PUD)
Including 1,377 linear feet at$ 47�5;DD per LF of 10"
(size&type) PVC sewer line.
And including III linear feet at$ 35,00 -per LF of 8"
(size&type) PVC sewer line,
C, $TBTE Together with curbs,gutters,sidewalks,and/or any other appurtenances
thereto.
ON FROM TO
(street,esmt,etc)
Page 1 of 3
Bill of Sale
Bill of Sale
Page 2 of 3
Including centerline LF at$ per LF of
(type)streets,-_Feet asphalt roadway.
D. STORM : Together with a total of manholes at$
each or a total of catch basins at$ each,
LF of bloRltration swale or drainage ditch with a total cost of S ,
CF of detention pond storage with a total cost of$ ,and/or any
other appurtenances thereto.
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of
(size&type) sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
The undersigned hereby covenants that it Is the lawful owner of said property;and that the
same is free from all encumbrances;that all bills for labor and material have been paid;that
it has the right to sell the same aforesaid;that it will warrant and defend the same against the
lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them as
provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
day of c q-Ly-' .20 06,
Hr�1ll/ JNti� _ lCr�dP!'1/�W��-u7'�•i��^C�'��'rtrT>
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this 12 -- day of ,20 before me,the
undersigned A Notary Public in and f the tate Washington,duly commissioned and
sworn,Personally appeared t to me known to be the
individual described in and who execu a the foregoing instrument,and acknowledged to me
that he/she signed and sealed this instrument as his/her free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20 01,
BETH•ANN PETERSON Notary Public in and for the—
NOTARY PUBLIC State of Washington,residing at
STATE OF WASHINGTON
COMMISSION EXPIRES ---j
APRIL 9 2008
My Commis ion Expires:
'41'9
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of 020 ,before
me,the undersigned,a Notary Pub4c jr and for.the State of Washington,duly commissioned
Page 2 of 3
Bill of Sale ; '
Bill of Sale
Page 3 of 3
and sworn,personally appeared and
to me known to be the and
respectively of the
that executed the foregoing instrument,and acknowledged the said instrument to be the free
and voluntary act and deed of said• _ '- ••• for the uses and
purposes therein mentioned,and on•oath^stated that they are authorized to execute the said
instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the
State of Washington,residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed
by the City Council of the City of Kent,King County,Washington,on the
day of .20
1
Page 3 of 3
Bill of Sale
O
KENT
WASHINGTON
ADDENDUM TO BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
The figures used on the Bill of Sale for Kent South PUD-2003-4
KIVA#2033813 project dated ,were
based on the"As-Built"Engineering PIans dated Janf`a` 13 2006 for
the same said Kent South PUD-2003-4 j roect.
p
Kenneth William Shipley the
undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of_ Core Design,Inc. ,the firm
responsible for the preparation of the"As-Built"Engineering Drawings.
-OA &J,1t,-I -a I
S nature
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6L
1. SUBJECT: KENT SOUTH PLANNED UNIT DEVELOPMENT ("PUD")
WATERMAINS BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Kent South PUD for
2,906 linear feet of watermain, 19 gate vales, and 7 hydrants. The project is
located at Riverview Boulevard South of 2161n
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Bill of Sale
Page 1 of 3
KENT
W A S H I N O T O N
MAIL TO:
ENGINEERING DEPARTMENT
ATTN:
204 AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT:Kent South PUD-2003-4
KIVA#"LS 3- 9bSy?0/.3
LOCATION:Riverview Blvd S.of 216th
TAX ACCT NO:102204-9030-03
102204-9100-08
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this 6th day of February 2006_,by and between
Riverview South,L.L.C. ,hereinafter
called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,
herinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. WATF.RMATNS; together with a total of 19 gate valves at$ %,0�-
o0
each, 7 hydrants at$ 01 each and/or any other
appurtenances thereto.
ON FROM TO
(street,esmt,etc)
`Including 919 linear feet at$ Z✓66 per LF of loll
(size&type) DI waterline.
Including 1,875 linear feet at$ Z Z'00 per LF of 8"
(size&type) DI waterline.
Including 112 linear feet at$ 04 per LF of 6"
(size&type) DI waterline.
B. SANTTARY SFWF.RC: Together with a total of manholes at
$ each and/or any other appurtenances thereto.
ON FRO TO
Includinglinear feet at$ per LF of
(size&type) sewer line.
C. Together with curbs,gutters,sidewalks,and/or any other appurtenances
thereto.
N! ON FROM TO
Page 1 of 3
Bill of Sale
Bill of Sale
Page 2 of 3
(street,esmt,etc)
Including centerline LF at$ per LF of
(type)streets, Feet asphalt roadway.
D. STORM SF,WF.RS: Together with a total of manholes at$
each or a total of catch basins at$ each,
IF of biotiltration Swale or drainage ditch with a total cost of$
CF of detention pond storage with a total cost of$ ,and/or any
other appurtenances thereto.
ON FROM T�
(street,esmt,etc)
Including linear feet at$ per LF of
(size&type) sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property;and that the
same is free from all encumbrances;that all bills for labor and material have been paid;that
it has the right to sell the same aforesaid;that it will warrant and defend the same against the
lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them as
provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
6th day of February ,20 06
OWNER:
RtVERVIEW SOUTH,LLC
a Washington limited liability company '
By:PNW HOMES NORTH,LLC
a Washington limited liability company
Its: Managing Member
By:PNW HOMES,LLC
a Washington limited liability company
Its: Sole Member
By:PNW HOMES GROUP,INC.
a Washington limited liability company
Its: Sole Member
By:PNW HOMES GROUP,INC.
a Washington limited liability company
Its: Managing Member
G'• / 1
By.
Name: HOLLY34AM1TH
Title: Its: Authorized Agent
Page 2 of 3
Bill of Sale
Bill of Sale
Page 3 of 3
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this (-O day of ,200Ca ,before me,the
undersigned A Notary Public in and for the S�Washington,duly commissioned and
sworn,Personally appeared 1-to ilu'D. SM%a \ to me known to be the
individual described in and who executed the foregoing instrument,and acknowledged to me
that he/she signed and sealed this instrument as his/her free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of- 200U
Muf/l/
Notary Public in and for the
u °SARI2 State of Washington,residing at
®��Agd►`�� My Commission Expires.—
STATE OF WASE INGTON )
)SS
COUNTY OF KING )
On this day of ,20 ,before
me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned
and sworn,personally appeared and
to me known to be the and
respectively of the
' that executed the foregoing instrument,and acknowledged the said instrument to be the free
and voluntary act and deed of said for the uses and
purposes therein mentioned,and on oath stated that they are authorized to execute the said
instrument.
' Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the
State of Washington,residing at
�r
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed
by the City Council of the City of Kent,Mug County,Washington,on the
day of ,20
Page 3 of 3
Bill of Sale
KENT
W A S H I N G T O N
ADDENDUM TO BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
The figures used on the Bill of Sale for Kent South PUD-2003-4
KIVA#2033813 project dated ,were
based on the"As-Built"Engineering Plans dated January 29 2006 ,for
the same said Kent South PUD-2003-4 project.
Kenneth William•Shipley the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Core Design,Inc. ,the firm '
responsible for the preparation of the"As-Built" Engineering Drawings.
� ,. irk
Si ature
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6M
1. SUBJECT: UPPER MILL CREEK CULVERT REPLACEMENT AT SE 264T" ST. -
ACCEPT AS COMPLETE
' 2. SUMMARY STATEMENT: Accept the Upper Mill Creek Culvert Replacement
at SE 256th Street as complete and release retainage to Pivetta Brothers, upon
standard releases from the state and release of any liens. The original contract
amount was $368,645.05. The final contract amount was $342,080,95.
' 3. EXHIBITS: None
' 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, Councilmember seconds
' DISCUSSION:
ACTION:
' Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6N
1. SUBJECT: 2009 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor the sign the 2009 King
' County Public Entity Services Contract, subject to approval of final terms and
conditions by the City Attorney.
One purpose of this contract is to provide a means for reimbursement of up to a
seven-day supply of medications prescribed to defendants exiting the City of Kent
Corrections Facility (CKCF) for the purpose of relieving psychiatric symptoms.
CKCF will be reimbursed on a cost basis. The maximum reimbursement is
determined by the total number of prescriptions authorized and delivered up to a
total maximum funding of $12,000 for the period of January 1, 2009 through
December 31, 2009 (Exhibit II).
The second purpose of this contract provides office space for one full-time DSHS
1 financial application worker within the City of Kent Housing and Human Services
Department. The DSHS worker will assist eligible and appropriate offender-clients
and defendants who are transitioning from jail in applying for DSHS entitlements
' and publicly funded benefits for the purposes of accessing substance abuse
treatment, mental health counseling, medication management, and case
management services in the community. The City of Kent will be reimbursed an
' amount not to exceed $3,000 for the office space from January 1, 2009 through
December 31, 2009 (Exhibit III).
The total contract reimbursement amount is $15,000 for the period of 1/01/09-
12/31/09.
3. EXHIBITS: Contract
' 4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
King County Contract No. D38698D
Federal Taxpayer ID No. 91-6001254
Department/Division Community and Human Services/Mental Health, Chemical Abuse and
Dependency Services Division
Agency City of Kent
Project Title Alcohol and Substance Abuse Treatment Services
Contract Amount$ $15,000 Fund Code 1260
' Contract Period From: January 1, 2009 To December 31, 2009
' KING COUNTY PUBLIC ENTITY SERVICES CONTRACT- 2009
' THIS CONTRACT is entered into by KING COUNTY (the"County"), and City of Kent(the "Agency"),
whose address is 220 Fourth Avenue S, Kent, WA 98032.
' WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
STATE $15,000 01/01/2009 - 12/31/2009
TOTAL $15,000 01/01/2009 - 12/31/2009
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No. 16312;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
1 agree as follows:
This form is available in alternate formats upon
request for persons with disabilities.
1
I. EXHIBITS
The Agency shall provide services and comply with the requirements set forth hereinafter
and in the following attached exhibits, which are incorporated herein by reference:
Certificates of Insurance/Endorsements Attached hereto as Exhibit I
Defendant Psychotropic Medication and .tail Attached hereto as Exhibit II ,
Transition Services
Office Space for DSHS Financial Application Attached hereto as Exhibit III ,
Worker
II. DURATION OF CONTRACT
This Contract shall commence on the 1st day of Janua 2009, and shall terminate on the
31st day of December 2009, unless extended or terminated earlier, pursuant to the terms
and conditions of this Contract. '
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the terms and ,
conditions found in this Contract and its attached Exhibits.
B. The Agency shall submit an invoice and all accompanying reports as specified in the ,
attached Exhibit(s), including its final invoice and all outstanding reports. The County
shall initiate authorization for payment to the Agency not more than 30 days after a
complete and accurate invoice and all outstanding reports are received and approved. '
C. If the Agency's final invoice and reports are not submitted by the day specified in the
attached Exhibit(s), the County will be relieved of all liability for payment to the Agency
of the amounts set forth in said invoice or any subsequent invoice. '
IV. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with the budget, if included within an Exhibit. The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of '
transfers among the budget categories within an Exhibit is expected to exceed ten percent of
the total Exhibit budget. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
VI. MAINTENANCE OF RECORDS ,
A. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract. ,
f
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents; and other evidence and shall notify the County in writing of any changes in
location within ten working days of any such relocation.
VII. AUDITS
A. The Agency shall submit to the County a copy of its annual report of examination/audit,
conducted by the Washington State Auditor, within 30 days of receipt.
B. Additional federal and/or state audit or review requirements may be imposed on the
County, and the Agency shall be required to comply with any such requirements.
Vill. EVALUATIONS AND INSPECTIONS
A. The Agency shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. The County shall give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after termination hereof, unless a longer retention period is required by law.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17.
IX. CORRECTIVE ACTION
If the County determines-that a breach of contract has occurred, that is, the Agency has
failed to comply with any terms or conditions of this Contract or the Agency has failed to
provide in any manner the work or services agreed to herein, and if the County deems said
breach to warrant corrective action, the following sequential procedure shall apply:
A. The County shall notify the Agency in writing of the nature of the breach;
B. The Agency shall respond in writing no later than ten working days following receipt of
such notification, which response shall indicate the steps being taken to correct the
specified deficiencies. The corrective action plan shall specify the proposed
completion date for bringing the Contract into compliance, which date shall not be more
than 30 days from the date of the Agency's response, unless the County, at its sole
discretion, specifies in writing an extension in the number of days to complete the
' corrective actions;
C. The County shall notify the Agency in writing of the County's determination as to the
' sufficiency of the Agency's corrective action plan. The County shall have sole
discretion in determining the sufficiency of the Agency's corrective action plan;
City of Kent Page 3 of 19 2009 Contract
D. In the event that the Agency does not respond within the appropriate time with a ,
corrective action plan, or the Agency's corrective action plan is determined by the
County to be insufficient, the County may commence termination of this Contract in
whole or in part pursuant to Section XI.B;
E. In addition, the County may withhold any payment owed the Agency or prohibit the
Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section XI. Subsections A, B, C, and D.
X. ASSIGNMENT/SUBCONTRACTING
A. The Agency shall not assign or subcontract any portion of this Contract or transfer or
assign any claim arising pursuant to this Contract without the written consent of the
County. Said consent shall be sought in writing by the Agency not less than 15 days
prior to the date of any proposed assignment or subcontract.
B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or
between subcontractors that is based on this Contract, provided that the term
"subcontract"does not include the purchase of: (1) support services not related to the
subject matter of this Contract, or(2) supplies.
XI. TERMINATION '
A. This Contract may be terminated by the County without cause, in whole or in part, prior
to the termination date specified in Section II, by providing the Agency 30 days
advance written notice of the termination.
B. The County may terminate this Contract, in whole or in part, upon seven days advance
written notice in the event: (1) the Agency materially breaches any duty, obligation, or
service required pursuant to this Contract; and/or(2) the duties, obligations, or services
required herein become impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the
Agency shall be liable for damages, including any additional costs of procurement of
similar services from another source. ,
If the termination results from acts or omissions of the Agency, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement,
the Agency shall immediately return to the County any funds, misappropriated or
unexpended, which have been paid to the Agency by the County.
C. If County or other expected or actual funding is withdrawn, reduced, or limited in any '
way prior to the termination date set forth in this Contract and its attached Exhibits, the
County may, upon written notification to the Agency, terminate this Contract in whole or
in part.
If the Contract is terminated as provided in this Subsection: (1)the County shall be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination; and (2)the Agency shall be released ,
from any obligation to provide such further services pursuant to the Contract as are
affected by the termination.
City of Kent Page 4 of 19 2009 Contract ,
Funding or obligation under this Contract beyond the current appropriation year is
.conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Contract. Should such appropriation not be approved, this
Contract shall terminate at the close of the current appropriation year.
D. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination.
The Agency shall provide the County 90 days advance written notice of its intent not to
renew this Contract, in whole or in part.
' E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either party may have in the event that the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
XII. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent contractor, and
neither it nor its officers, agents or employees are employees of the County for any
purpose. The Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by
reason of this Contract. The Agency shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs,
and/or losses whatsoever occurring or resulting from (1)the Agency's failure to pay
any such compensation, wages, benefits, or taxes, and/or(2) the supplying to the
Agency of work, services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
B. The Agency further agrees that it is financially responsible for and shall repay the
County all indicated amounts following an audit exception that occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Contract by the Agency, its officers, employees, agents and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination
sections.
City of Kent Page 5 of 19 2009 Contract
C. The Agency shall protect, defend, indemnify, and hold harmless the County, its
officers, employees, and agents from any and all costs, claims,judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of the Agency, its officers, employees, and/or agents, in its performance
and/or non-performance of its obligations under this Contract. The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys'fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the Agency.
D. The County shall protect, defend, indemnify, and hold harmless the Agency, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the sole negligent acts
or omissions of the County, its officers, employees, or agents. The County agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the County, by mutual negotiation, hereby waives, as respects the Agency only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the County. '
E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice.
F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and
indemnify the County as detailed in Section XVII.B. of this Contract, the Agency shall
protect, defend, indemnify, and hold harmless the County, its officers, employees and
agents from any and all costs, claims, judgments, and/or awards or damages arising ,
out of, or in any way resulting from, the negligent act or omissions of the Agency's
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract.
G. Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract.
City of Kent Page 6 of 19 2009 Contract ,
XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the performance of work
hereunder by the Agency, its agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Agency or
subcontractor. The Agency may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Agency is responsible for ensuring compliance with
all of the insurance requirements stated herein. Failure by the Agency, its agents,
employees, officers and or subcontractors, to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract.
For All Coverages: Each insurance policy shall be written on an "occurrence" form;
except that insurance on a "claims made" form may be acceptable with prior County
approval.
If coverage is.approved and purchased on a "claims made" basis, the Agency warrants
' continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Agency under this Contract.
The Agency shall assess its own risks and, if it deems appropriate and/or prudent,
maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies). Nothing contained within this provision shall affect and/or
alter the application of any other provision contained within this Contract.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as the following:
1. General Liability:
Insurance Services Office form number(CG 00 01)covering COMMERCIAL
GENERAL LIABILITY).
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors, and Omissions coverage
shall be provided. "Professional Services", for the purpose of this Contract
section, shall mean any services provided by a licensed professional or those
services that require professional standards of care.
City of Kent Page 7 of 19 2009 Contract
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Agency personnel in Agency-
owned vehicles or non-owned vehicles, the Agency shall provide evidence of the
appropriate automobile coverage.
Insurance Services Office form number(CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or"Other States" state law.
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the
general liability-policy.
C. Minimum Limits of Insurance '
1. If, pursuant to this Contract, the Agency provides a mental health outpatient
treatment or non-treatment service, it shall maintain limits no less than, for:
a. General Liability: $3,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $3,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage, unless Agency transports clients. If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage. If the Agency maintains a $1,000,000 limit, check
the box and initial as indicated below.
❑ Agency never transports clients under this or any service contract.
(Initials of authorized agency representative)
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability: 1 000 000.
2. If, pursuant to this Contract, the Agency provides a mental health inpatient service,
it shall maintain limits no less than, for:
a. General Liability: 5 000 000 combined single limit per occurrence b bodily
Y �— 9 p Y Y
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $5,000,000 aggregate limit.
City of Kent Page 8 of 19 2009 Contract '
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage, unless Agency transports clients. If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage. If the Agency maintains a $1,000,000 limit, check
the box and initial as indicated below.
M Agency never transports clients under this or any service contract.
(Initials of authorized agency representative)
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Gap/Employers Liability: $1,000,000.
3. If, pursuant to this Contract, the Agency provides alcohol and/or substance abuse
treatment or non-treatment service, it shall maintain limits no less than, for:
a. General Liability: $1,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $1,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability: $1,000,000.
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not apply to
the Agency's liability to the County and shall be the sole responsibility of the Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies Except Professional/Errors and Omissions and Workers
Compensation.
a. The County, its officers, officials, employees and agents are to be covered
as additional insureds as respects liability arising out of activities performed
by or on behalf of the Agency in connection with this Contract. (CG 2010
11/85 or its' equivalent)
City of Kent Page 9 of 19 2009 Contract
b. The Agency's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its offices, officials,
employees or agents shall not contribute with the Agency's insurance or
benefit the Agency in any way.
c. The Agency's insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the
limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid,
until after 45 days prior written notice has been given to the County.
F. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A: Vill, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size Vlll.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above minimum t
requirements the Agency shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
G. Verification of Coverage
The Agency shall furnish the County certificates of insurance and endorsements
required by this Contract. Such certificates and endorsements, and renewals thereof,
shall be attached as exhibits to the Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract then such requirements and documentation shall be subject to all of the
requirements stated herein.
I. Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an agency of the State of Washington and
is self insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
City of Kent Page 10 of 19 2009 Contract
XV, NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Nondiscrimination in Employment Provision of Services
During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate or tolerate
harassment on the basis of race, color, sex, religion, national origin, marital status,
sexual orientation, age, or the presence of any sensory, mental, or physical disability in
the employment or application for employment or in the administration or delivery of
services or any other benefits under this Contract. King County Codes Chapters 12.16
and 12.17 are incorporated herein by reference, and such requirements shall apply to
this Contract.
B. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Agency shall not create
barriers to open and fair opportunities to participate in County contracts or to obtain or
compete for contracts and subcontracts as sources of supplies, equipment,
construction and services. In considering offers from and doing business with
subcontractors and suppliers, the Agency shall not discriminate against any person on
the basis of race, color, religion, sex, age, national origin, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified
disabled person.
C. Compliance with Laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit discrimination. These laws
include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, 42 United States Code (USC) 2000(a)et seq., the Americans
with Disabilities Act, 42 USC 12102 et seq., and the Restoration Act of 1987. The
Agency shall further comply fully with any affirmative action requirements set forth in
any federal regulations, statutes or rules included or referenced in the contract
documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
The County encourages the Agency to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises("M/WBEs") in County contracts. The
County encourages the Agency to use the following voluntary practices to promote
open competitive opportunities for small businesses, including M/WBEs.
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform small businesses and other firms of
contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in King County,
including M/WBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to these firms capable of performing the work,
including without limitation all businesses on any list provided by the County, in
sufficient time to allow such businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
City of Kent Page 11 of 19 2009 Contract
4. Establishing delivery schedules, where the requirements of this Contract permit,
that encourage participation by small businesses, including M/WBEs.
5. Providing small businesses, including MMBEs that express interest with
adequate and timely information about plans, specifications, and requirements of
the Contract.
6. Using the services of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including M/WBEs.
7. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at
866-208-1064 or on-line through the web site at http://www.omwbe.wa.gov/.
E. Fair Employment Practices
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance
of this Contract, neither the Agency nor any party subcontracting under the authority of
this Contract shall engage in unfair employment practices.
F. Record-Keeping Requirements and Site Visits
The Agency shall maintain, for at least six years after completion of all work under this ,
Contract, the following:
1. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment, applications
for employment or the administration or delivery of services or any other benefits
under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Agency by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Agency's office to
review the foregoing records. The Agency shall provide every assistance requested by
the County during such visits. In all other respects, the Agency shall make the
foregoing records available to the County for inspection and copying upon request. If
this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
G. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of contract for which the Agency may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
City of Kent Page 12 of 19 2009 Contract
H. Reporting
The Agency shall complete all reports and forms provided by the County and shall
otherwise cooperate fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA)
The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and
services offered by the Agency(including any services not subject to this Contract)and has
evaluated its services, programs and employment practices for compliance with Section 504
of the Rehabilitation Act of 1973, 29 USC 701 et seq. as amended ("504")and the American
Disabilities Act, 42 USC 12102 et seq. The Agency has completed, attached as an exhibit to
this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance.
XVI1. SUBCONTRACTS AND PURCHASES
A. The Agency shall include the above Sections IV, V, VI, VII, Vill,XII, XIII, XIV,.XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract.
B. The Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph."
C. The Agency shall ensure that all subcontractors receiving any federal funds pursuant to
this agreement have not been disbarred or suspended from federal contract
participation. This may be done by checking the Excluded Parties List System
http://epls.arnet.gov, which lists all suspended and debarred entities.
XVIII. CONFLICT OF INTEREST
A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section XI and
subject the Agency to the remedies stated therein, or otherwise available to the County
at law or in equity.
B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any County official or employee. The Agency acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts with the County will be cancelled and it shall not be able to bid on any County
contract for a period of two years. .
City of Kent Page 13 of 19 2009 Contract
C. The Agency acknowledges that for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Agency shall identify, at the
time of offer, current or former County employees involved in the preparation of
proposals or the anticipated performance of work if awarded the Contract. Failure to
identify current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the Agency is
responsible for notifying the County's project manager of current or former County
employees who may become involved in the Contract any time during the term of the
Contract. ,
XIX. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000 ,
per item or more and identified in an exhibit as reimbursable is upon its purchase or
receipt the property of the Agency, County, and/or federal, and/or state government, as
specified in the exhibit.
B. The Agency shall be responsible for all such equipment, including the proper care and
maintenance.
C. The Agency shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
D. The Agency shall admit County staff to the Agency's premises for the purpose of
marking such property with appropriate government property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds.
XXI. NOTICES
Whenever this Contract requires that notice be provided by one party to another, such notice
shall be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director of the County
department specified on page one of this Contract.
Any time, within which a party must take some action, shall be computed from the date that
the notice is received by said party.
City of Kent Page 14 of 19 2009 Contract
XXII. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable
material or article should result from the work described herein, all rights accruing from such
material or article shall be the sole property of the County. The County agrees to and does
hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use,
1 according to law, any material or article and use any method that may be developed as part
of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Agency which are modified for use in
the performance of this Contract.
The foregoing provisions of this section shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of the Agency that are not
I modified for use in the performance of this Contract.
XXIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Contract.
XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper.
If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled
paper, the Agency may notify the Contract Administrator, who may waive the recycled paper
requirement.
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXV. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of
Washington, rules and regulations promulgated thereunder, and the DSHS and County
Agreement on General Terms and Conditions between the Department of Social and Health
Services and King County, as amended, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract,
all of which are incorporated herein by reference.
City of Kent Page 15 of 19 2009 Contract
In the event of a conflict between any of the language contained in any exhibit or any
attachment to this Contract, the language in the Contract shall have control over the
language contained in the exhibit or the attachment, unless the parties affirmatively agree in
writing to the contrary.
XXVII. CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 Code of Federal Regulations (CFR) Parts 160 and 164.
A. Obligations and Activities of the Agency
1. The Agency agrees not to use or disclose protected health information other than
as permitted or required by law.
2. The Agency agrees to Implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives, ,
maintains, or transmits on behalf of the County as required by 45 CFR Part 164,
Subpart C.
3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Agency of a use or disclosure of protected health information by
the Agency in violation of the requirements of this Contract.
4. The Agency agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident, to the County
within two days of the Agency's knowledge of such event.
5. The Agency agrees to ensure that any agent, including a subcontractor, to whom
it provides protected health information received from, or created or received by
the Agency on behalf of King County, agrees to the same restrictions and
conditions that apply through this Contract to the Agency with respect to such
information.
6. The Agency agrees to make available protected health information in accordance
with 45 CFR § 164.524.
7. The Agency agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
8. The Agency agrees to make internal practices, books, and records, Including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received
by the Agency on behalf of King County, available to the Secretary, in a
reasonable time and manner for purposes of the Secretary determining King
County compliance with the privacy rule.
City of Kent Page 16 of 19 2009 Contract
9. The Agency agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR§ 164.528.
B. Permitted Uses and Disclosures by Business Associate
The Agency may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate the Privacy Rule if done by King
County or the minimum necessary policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2 of this section, upon termination of this
Contract, for any reason, the Agency shall return or destroy all protected health
information received from King County, or created or received by the Agency on
behalf of King County. This provision shall apply to protected health information
that is in the possession of subcontractors or agents of the Agency. The Agency
shall retain no copies of the protected health information.
i 2. In the event the Agency determines that returning or destroying the protected
health information is infeasible, the Agency shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Agency shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for
so long as the Agency maintains such protected health information.
XXIX. EMERGENCY RESPONSE
A. The Agency shall prepare and submit within six months of the execution of the
Contract the necessary plans, procedures and protocols to:
1. Respond to and recover from a natural disaster or major disruption to agency
operations such as a work stoppage; and
2. Continue operations during a prolonged event such as a pandemic.
B. The Agency shall conduct exercises or drills to test the effectiveness of its plans at
least once a year and document the results of the exercise or drill.
C. The Agency shall prepare the plans in a format approved by the County. The
explanation of the format will include the specific content of the Agency's plans. The
County will specify areas that must be addressed in the Agency's plan.
D. The County may waive the requirements in subsections A, B or C upon written request
by the Agency identifying compelling reasons why such requirements should not apply.
XXX. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH
A. If the Agency maintains computerized or other forms of data that includes personal
information owned by the County, the Agency shall notify the County of any breach of
the security of the data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in
accordance with RCW 42.56.590 (2).
City of Kent Page 17 of 19 2009 Contract
B. The Agency shall provide all information requested by the County including the
following in accordance with RCW 42.56.590, KCC 2.14.030, the King County
Information Privacy Policy and any other applicable federal, state and local statute:
1. Circumstances associated with the breach;
2. Actions taken by the Agency to respond to the breach ; and
3. Steps the Agency shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. The County may at its sole discretion, require.the Agency to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
investigation conducted by the law enforcement agency. The Agency shall also
provide the County with any information it has regarding the security breach.
D. The Agency shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. The Agency shall be responsible for notifying individuals whose personal information
may have become available to unauthorized users through a security breach. The
Agency shall also be responsible for any cost associated with notifying the affected
individuals. This notification may be by written notice or electronic notice in
accordance with RCW 42.56.590 (7).
F. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or
that the potentially affected persons exceeds 500,000, or the Agency does not have
sufficient contact information, substitute notice shall consist of the following in
accordance with RCW 42.56.590 (7), (c).
1. E-mail notice when the Agency has an e-mail address for the subject persons;
2. Conspicuous posting of the notice on the Agency's web site page, if the Agency
maintains one; and
3. Notification to major County-wide media.
G. For purpose of this section, "personal information" means the same as defined in RCW
42.56.590:
1. An individual's first name or first initial and last name in combination-with any one
of the following data elements, when either the name or the data elements are
not encrypted: social security number; driver's license number or Washington
identification card number; or
2. Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an
individual's financial account.
XXXI. DISPUTE RESOLUTION
Agency disputes pertaining to County decisions regarding contract compliance issues shall
be made in writing to the Division Manager of Mental Health, Chemical Abuse and
Dependency Services Division (MHCADSD). The written dispute shall include the decision
being questioned and the point on which the dispute is made.
City of Kent Page 18 of 19 2009 Contract
The Division Manager will make a determination decision and respond in writing to the
Agency within 30 calendar days of receipt. If the Agency wishes to appeal the Division
Manager decision, an additional letter indicating all points of the dispute resolution process
to date shall be sent to the Division Manager who will forward the letter with comments to the
Department of Community and Human Services Director. The Department Director will
make a determination decision and respond in writing to the Agency within 30 calendar days
of receipt.
KING COUNTY CITY OF KENT
FOR
King County Executive Signature
Date Name (Please type or print)
Date
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
November 4, 2008
City of Kent Page 19 of 19 2009 Contract
EXHIBIT II
CITY OF KENT
DEFENDANT PSYCHOTROPIC MEDICATION AND JAIL TRANSITION SERVICES
I. WORK STATEMENT
The Agency shall provide up to a seven-day supply of medications prescribed to defendants
exiting jail for the purposes of relieving psychiatric symptoms, including medications to
ameliorate the side effects of psychotropic medication, and make appropriate referrals for
mental health evaluation and other mental health services.
Fundin
Fund Source Amount Effective Dates
State $12,000 01/01/2009— 12/31/2009
The total amount of reimbursement for this Exhibit shall not exceed $12,000 for the Exhibit
period of January 1, 2009 through December 31, 2009.
II. PROGRAM DESCRIPTION
A. Goal
1. Continue to develop and provide services that reduce the growth of emergency
medical and criminal justice system involvement and costs.
2. Ensure that eligible Medicaid recipients and non-Medicaid clients receive easily
accessible mental health and co-occurring disorder services.
B. Objectives
1. To cover the costs for up to seven days supply of medications prescribed to
defendants exiting jail for the purposes of relieving psychiatric symptoms, including
medications to ameliorate the side effects of psychotropic medication.
2. To provide data that will allow the analysis of client and program outcomes of providing
the additional medications and linkage of appropriate clients to the Jail Transition
Services program operated by Sound Mental Health (SMH).
3. To ensure that active engagement, treatment, and discharge planning occurs during
incarceration or detention.
C. Eligibility
1. Eligibility for up to seven days supply of psychiatric medications upon release includes
adults who:
a. Have an Axis 1 major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning; and
b. Received psychotropic medication, including medications to ameliorate the side
effects of psychotropic medication, from authorized medical staff in the jail prior to
release from custody.
CJ/MH—City of Kent Page 1 of 4 2009 Contract—Exhibit 11
2. Eligibility for referral to the Jail Transition Services program includes adults who have
an annual income of not more than 200 percent of federal poverty level and who:
a. Are being released from custody at the Kent City Jail;
b. Have a history of two or more incarcerations in King County, including the current
incarceration;
c. Have an Axis I major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning, and an active substance-related disorder
that is ongoing;
d. Are not enrolled in outpatient mental health services provided through the King
County Mental Health Plan nor engaged in outpatient chemical dependency
treatment services, excluding opiate substitution treatment;
e. Are residents of King County or are homeless;
f. Are referred by a representative of the court; and
g. Agree to participate in the program.
9. Clients who are not eligible for the Jail Transition Services program and should not be
referred include:
a. Defendants whose current charges include a sex offense or arson; or
b. Defendants whose felony criminal history or registration status (regardless of
current charges) includes arson or Level III Sex Offender, respectively.
4. Level II Sex Offender cases must be reviewed and approved by the Criminal Justice
Initiative Program Coordinator prior to Jail Transition Services program placement.
D. Definitions
1. Axis 1 major mental disorder: a mental disorder as defined by the Diagnostic and
Statistical Manual fourth edition or as revised, that is ongoing and interferes with age-
appropriate social and role functioning.
2. Defendant: an individual incarcerated in a municipal jail awaiting adjudication and
release.
3. Medicaid recipient: an individual who is currently enrolled in the Medicaid program, as
shown on the medical identification card.
4. Non-Medicaid client: individuals who do not hold a valid card showing they meet
Medicaid eligibility requirements. Mental health services will be available to non-
Medicaid persons as resources permit.
5. Psychotropic medications: medications provided by a licensed physician, pharmacist
or medical practitioner for the purpose of reducing psychiatric symptoms or the'side
effects of medications prescribed to reduce psychiatric symptoms. l
CJ/MH—City of Kent Page 2 of 4 2009 Contract—Exhibit 11
E. General Program Requirements
1. The Agency shall provide services under this Exhibit in compliance with:
a. 42 Code of Federal Regulations (CFR) Part 438 Balanced Budget Act(BBA);
b. 45 CFR Health Insurance Portability and Accountability Act(HIPAA) Parts 160 and
164;
c. Revised Code of Washington (RCW) 70,02; and
d. Washington Administrative Code (WAC) 246-869-080.
2. The Agency shall be solely responsible for compliance with-generally accepted
professional and ethical standards and for the quality of the services performed. All
duties performed by the Agency shall be consistent with the applicable requirements of
all formal bodies, governmental or otherwise, to which the Agency and its clinicians are
subject with respect to licensing, certification, registration, and/or accreditation.
F. Program Specific Requirements
1. The Agency shall:
a. Assess defendants incarcerated at the Kent City Jail for program eligibility;
b. Provide up to seven days supply of medications prescribed to defendants exiting
jail for the purposes of relieving psychiatric symptoms; this includes medications to
ameliorate the side effects of psychotropic medication, depending on funding
availability;
c. Provide program and participant data as requested by King County Mental Health,
Chemical Abuse and Dependency Services Division (MHCADSD);
d. Provide a referral to SMH's Jail Transition Services program prior to the eligible
defendant's release from jail.
e. Retain complete responsibility for and control of its practice and the practice of
clinicians under its employ or contract; and
f. Conduct its practice in accordance with its own best clinical judgment and
discretion.
2. The Agency shall work with the County to collaborate with the justice system liaisons,
court staff, and SMH in arranging for services to persons referred by the jail.
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Package
1. The Agency shall submit monthly a Billing Invoice Package(BIP)that consists of a
Reimbursement Request Summary form provided by the County.
2. The Agency shall submit the reporting requirements as stated in section IV.
REPORTING REQUIREMENTS.
CJ/MH-City Pa of Kent e 3 of 4 2009 Contract-Exhibit It
9
3. The BIP shall be completed according to minimum standards as defined in the
MHCADSD Standards.
4. The BIP is due within 15 days after the end of each month, except at the end of the
calendar year, the end of the state fiscal year, the end of the federal fiscal year, and
the end of the state biennium, when an earlier due date may be required.
B. Method of Payment
1. Reimbursement shall be provided monthly on an actual cost reimbursement basis of
the medications purchased plus nine and nine-tenths percent administration fee up to
12 000 for the Exhibit period.
2. Payment shall be made monthly subject to performance requirements being met, and
upon submission of a billing invoice and any reporting requirements as specified in this
Exhibit.
IV. REPORTING REQUIREMENTS
A. Monthly Reports
1. The Agency will provide the County with monthly expenditure reports and service i
volumes due within 15 days after the end of each month, except at the end of the
calendar year, the end of the state fiscal year, the end of the federal fiscal year, and
the end of the state biennium, when an earlier due date may be required.
2. The Agency will submit data for all participants served under this Exhibit on a monthly
basis in a reporting format approved by the County.
B. Quarterly Reports
None required.
C. Semi-Annual Reports
None required.
D. Annual and Other One-Time-Only Reports
None required.
CJ/MH—City of Kent Page 4 of 4 2009 Contract—Exhibit 11
EXHIBIT III
CITY OF KENT
OFFICE SPACE FOR DSHS FINANCIAL APPLICATION WORKER
I. WORK STATEMENT
The City of Kent shall provide dedicated office space for one full-time equivalent (1.0 FTE)
Washington State Department of Social and Health Services (DSHS)financial application
worker to be sited within the Kent City Hall building. The DSHS financial application worker
will assist eligible and appropriate offender-clients and defendants who are transitioning from
the Kent City Jail, or another municipal jail within King County, and the Norm Maleng Regional
Justice Center(RJC) in applying for DSHS entitlements and publicly funded benefits for the
purposes of accessing substance abuse treatment, mental health counseling, medications
management, and case management services in the community. This effort is sponsored and
supported by HB1290 Jail Services funds.
Funding
Fund Source Amount Effective Dates
State $3,000 01/01/2009— 12/31/2009
The total amount of reimbursement for this Exhibit shall not exceed $3,000, for the Exhibit
period of January 1, 2009 through December 31, 2009.
II. PROGRAM DESCRIPTION
A. Goal
1. Continue to develop and provide services that reduce the growth of emergency
medical and criminal justice system involvement and costs.
2. Ensure that eligible Medicaid recipients and non-Medicaid clients receive easily
accessible mental health and co-occurring disorder services.
B. Objectives
1. To provide a DSHS financial application worker to assist RJC inmates, and Kent and
other municipal jail inmates in South and East King County, in applying for entitlements
and publicly funded benefits.
2. To improve access to substance abuse treatment, mental health counseling,
medications management, and case management services in the community for adult
defendants transitioning from jail to the community.
3. To provide increased access to DSHS application assistance for adults being served
by the City of Kent Community Services Department.
C. Eligibility
Detained adults at the RJC, Kent City Jail, or other municipal jail in King County charged
with a King County felony or misdemeanor, or misdemeanor charge from a municipal court
within King County, and who:
CJ/MH—City of Kent Page 1 of 3 2009 Contract—Exhibit III
1. Are applying for DSHS entitlements and other publicly funded benefits; and
2. Will not be transferred to a Washington State Department of Corrections or out-of-
county facility.
D. Definitions
1. Financial Service Specialist: a Washington State Department of Personnel job
classification used within DSHS. Typical duties of the Financial Services Specialist
position include the determination of eligibility for specific state and federal programs
targeted to provide basic needs, including medical services, of low-income individuals.
2. Medicaid: a federally funded entitlement program providing reimbursement to qualified
health care providers for medical services provided to Medicaid enrollees. The
common characteristic of Medicaid enrollees is low income.
3. Medicaid recipient: an individual who is currently enrolled in the Medicaid program, as
shown on the medical identification card.
E. Program Specific Requirements
1. The Agency shall provide a single private office space, preferably with a lockable door,
that is available 40 hours per week, Monday through Friday, during normal business
hours (8:00 a.m. —4:30 p.m.). The Agency shall provide the following office
equipment:
a. One desk large enough for two flat screen monitors (or separate computer desk);
b. One swivel chair, plus one non-swivel chair if space permits;
c. A minimum of one file cabinet (must be lockable if office door is not lockable);
d. Telephone;
e 2"d phone line for fax machine; and
f. Network Ethernet port for computer hookup to Internet.
2. The Agency shall collaborate with DSHS to support DSHS accomplishing the following:
a. 1.0 FTE financial services specialist to assist City of Kent Jail, other municipal jail,
and RJC offender-clients in applying for Medicaid and other entitlements and DSHS
benefits;
b. A computer workstation and technical support;
c. Fax machine and supplies;
d. Direct payment for all long distance phone/fax calls; and
e. Staff training on DSHS services for City of Kent employees, if requested.
3. The Agency shall participate in program coordination with (via?] the assigned King j
County Criminal Justice Initiative Project Coordinator who shall also serve as the
County contact for this Exhibit.
CJ/MH—City of Kent Page 2 of 3 2009 Contract—Exhibit III
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Package
1. The Agency shall submit quarterly a Billing Invoice Package(BIP)that consists of a
Reimbursement Request Summary(RRS)form provided by the County.
2. The BIP is due within 15 days after the end of each calendar quarter, except at the end
of the calendar year, the end of the state fiscal year, the end of the federal fiscal year,
and the end of the state biennium, when an earlier due date may be required.
3. The Agency shall give prior notice to their Contract Monitor before submitting
supplemental invoices. The Agency shall state in the Notes section of the invoice the
reason for submitting a supplemental RRS.
4. The BIP shall be completed according to minimum standards as defined in the Mental
Health, Chemical Abuse and Dependency Services Division Standards.
B. Method of Payment
The Agency shall be paid quarterly for office space and associated telecommunication
charges in one-fourth increments in the amount of 750 and not to exceed $3,000 for the
Exhibit period.
IV. REPORTING REQUIREMENTS
None required.
CJ/MH—City of Kent Page 3 of 3 2009 Contract—Exhibit III
Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 60
1. SUBJECT: APPOINTMENT TO BICYCLE ADVISORY BOARD - CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Ben Atkinson
to serve on Kent's Bicycle Advisory Board. Ben will fill a vacancy on the Board
and his appointment will expire December 31, 2011.
3. EXHIBITS: Memorandum and Resume
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone:253-856-6700
Fax: 253-856-6700
• Address: 220 Fourth Avenue S.
K E N T Kent,WA 98032-5895
WASH I N OTON
TO: Debbie Rap lee, Council President
City Council Members
FROM: Suzette Cooke, May4�
DATE: January 20, 2009
RE: Appointment to Kent Bicycle Advisory Board
I am requesting your approval of my appointment of Ben Atkinson to the Kent
Bicycle Advisory Board. Mr. Atkinson is a resident of Kent that commutes to
Harborview Medical Center in Seattle by bicycle. Ben has shown interest in the
KBAB by attending a number of meetings and his desire to assist Kent cycling on
various projects and events.
Mr. Atkinson will fill a vacant position on the Board and his new term will continue
until 12/31/2011.
I submit this for your confirmation.
L
3
12106 SE 2761h Place (206)412-0987
Kent,WA 98030 batkinsoft.washington.edu
Ben Atkinson, MS RD CD
To promote the benefits of sound nutrition and to foster positive and
Objective meaningful relationships with the public,the media,and other health
professionals.
Experience Oct 2008-Present Harborview Medical Center Seattle,WA
Outpatient Dietitian
_ • Counsel ambulatory patients on issues of HIV medication interaction,
metabolic syndrome,weight management,and other topics.
Oct 2007-Oct 2008 HealthPoint Community Clinics Kent,WA
Outpatient Dietitian
• Counsel ambulatory patients on issues of cardiovascular disease,
diabetes,weight loss,food allergies,and other topics.
• Initiated group classes at local grocery stores,as well as a group weight
loss class at all clinic sites.
June 2007-Oct 2008 UW Nutrition Research Kitchen Seattle,WA
Research Dietitian
• Recruit,follow,and educate subjects in the`Diets in Metabolic
Syndrome'trial through the Northwest Lipid Clinic.
• Assist in design of protocol for a study involving Diabetic patients
pursuing bariatric surgery.
2006-2007 UW Nutrition Research Kitchen Seattle,WA
Research Dietetic Technician
• Cook and assemble food for clinical feeding studies and instruct patients
on study protocols.
2002-2005 UW Med.Ctr.Food&Nutr. Seattle,WA
Diet Office and Food Service Supervisor
• Updated,programmed,and trained staff'on the usage of the
department's nutritional software.
• Worked in teams to complete translation of menus into 5 languages,
install an interface for gathering information on new patient admits,and
initiate an electronic ordering program for food and supplies.
12106 SE 2761"Place (206)412-0987
Kent,WA 98030 batkinso@u.washington.edu
Ben Atkinson, MS RD CD
i
Education 2005-2007 University of Washington Seattle,WA
• M.S.,Nutritional Sciences.
• Thesis on the relationship between insulin resistance and the ability to
lower LDL-Cholesterol on diets with varying levels of dietary fat.
2006-2007 University of Washington Seattle,WA
• Dietetic Internship Graduate.
• Major rotations at Northwest Kidney Center,Harborview Medical
Center Outpatient Clinics,University of Washington Medical Center
Inpatient Services,Highline Hospital Foodservice.
1997-2002 University of Washington Seattle,WA
• B.S.,Biochemistry.
• Minor,Chemistry.
Publications Kopp 1,Paramsothy P,Atkinson B,Dowdy A.Comprehensive Lipid
Management Versus Aggressive Low-Density Lipoprotein Lowering to
Reduce Cardiovascular Risk.Am J Cardiology 2008;101 (suppl):48B-
57B.
Knopp RH,Paramsothy P,Atkinson B.Management of Hyperlipidemia:
New Guidance from Early Studies.Presented at:Scaling the Heights of
Endocrinology,Program of the American Association of Clinical
Endocrinologists 16th Annual Meeting and Clinical Congress,2007;Seattl(
WA:493-500.
Quoted in:Huang,Janice.'Shelf Help.'Natural Health Feb.2008:37-43.
Computer Proficient in Microsoft Office,NDS-Research,Food Processor,CBORD,
ProNutra,ProNessy,PowerPoint,Publisher,Photoshop,and STATA.
Certifications Adult Weight Management from CDR,Sery Safe,Certified Dietitian in
Washington State,Food Handler Permit.
American Dietetic Assoc.,Greater Seattle Dietetic Assoc.,South Sound
Memberships Dietetic Assoc.—AN Coordinator,Sports Cardiovascular&Wellness
Practice Group of the ADA,Infectious Disease Practice Group of the
ADA,Kent Bicycle Advisory Board Volunteer.
I
1 Kent City Council Meeting
Date January 20, 2009
Category Consent Calendar - 6P
1. SUBJECT: KENT LAND USE & PLANNING BOARD RE-APPOINTMENTS -
CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's re-appointments of Jack
Ottini and Aleanna Kondelis to Kent's Land Use & Planning Board.
Mr. Ottini and Ms. Kondelis' term expired on December 31, 2008 and their re-
appointments will expire on December 31, 2011.
. EXHIBITS: Memorandum 3 um S o d
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone:253-856-5700
Fax: 253-856-6700
• Address: 220 Fourth Avenue S.
KENT Kent,WA 98032-5895
HINGTON
TO: Debbie Rap lee, Council President
City Council Members
FROM: Suzette Cooke Mayor__ _
aYor`
DATE: January 20, 2009
RE: Re-appointments to Land Use and Planning Board
I am requesting your approval of my re-appointments of Mr. Jack Ottini and Ms.
Aleanna Kondelis to serve as members of the Kent Land Use and Planning Board.
Aleanna Kondelis is a Kent resident who manages the planning department for a civil
engineering and surveying firm. Having worked the past 11 years in the development
field, Ms. Kondelis has added great depth to the Land Use and Planning Board.
Aleanna also holds a Masters Degree in Public Administration with an emphasis on city
growth and administration. With her background and education, she is very qualified to
continue her service on the LUPB.
Jack Ottini was born and raised in Kent and is a Kent Meridian High School graduate.
He worked for Pozzi Brothers Trucking for 38 years. Jack's commitment to his
community has been longstanding. It is my pleasure to reappoint Jack to
the LUPB.
Both Jack and Aleanna's terms will continue for the next three years with their terms
ending 12/31111.
I submit this for your confirmation.
Kent City Council Meeting
Date January 20, 2009
Category Other Business - 7A
1 1. SUBJECT: LANDSBURG MINE UPDATE - INFORMATION ONLY
1 2. SUMMARY STATEMENT: Staff will present an informational update on the
status of the hazardous waste cleanup action plan currently under development
for the Landsburg Mine site, which is situated approximately one-half mile from
the City's Clark Springs water supply property.
3. EXHIBITS: None
4. RECOMMENDED BY: Council President Raplee, Mayor Cooke
(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:
Kent City Council Meeting
Date January 20, 2009
Category Other Business - 7B
1. SUBJECT: MILL CREEK WATERSHED PLAN AND UPDATE - INFORMATION
ONLY
2. SUMMARY STATEMENT: Staff will make a presentation updating the
Council on the Mill Creek Watershed plan.
3. EXHIBITS: None
� 4. RECOMMENDED BY: Staff
(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:
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
G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
1
[SENT
hrwar41worow
OPERATIONS COMMITTEE MINUTES
DECEMBER 2, 2008
Committed Membe_sPPresent» Ron Harmon, Tim Clark, and Les Thomas
The meetingwas called to order b Tim Clark at 4:05 .m.
Y P
1.
Harmon moved to approve the minutes of the November 18, 2008, Operations
Committee meeting. Thomas seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED NOMEMBER 15, 2008
Finance Director Bob Nachlinger presented the vouchers for November 15, 2008 for
approval.
Harmon moved to approve the vouchers dated November 15, 2008. Thomas
seconded the motion, which passed 3-0.
3. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN THE FOOD AND
BEVERAGE AGREEMENT WITH SMG/SAVOR, SUBJECT TO FINAL TERMS
AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY, AND RATIFY ALL
ACTS CONSISTENT WITH THIS MOTION.
Economic Development Director Ben Wolters noted that in furtherance of Councils
directive City staff request proposals from firms experienced in providing food and
beverage services at multi-purpose sports and entertainment facilities. The City
received 3 responses to its request for proposals. Wolters also noted that after
substantial interviews and evaluation of the proposals, the City selected Savor, ,the
food and beverage service division of SMG. SMG is also City's operator of the
ShoWare Center, The term of this proposed agreement with 5MG/Savor is 3 years
with an option to renew for an additional 2 years. As the food and beverage
operator, SMG/Savor will be responsible for all food and beverage service at the
ShoWare Center including concessions, suite food service, and catering. The SMG
General Manager of the Center will also serve as the General Manager of Food and
Beverage service. Wolters pointed out the following key points of the agreement:
A fixed fee of $35,000.00 for all services provided to the City prior to the
opening of the Events Center.
Operations Committee Minutes
December 2, 2008
Page: 2
• After the opening of the Events Center an annual overhead and
administrative fixed fee of $110,000 per year (pro-rated by the number of
actual months for which service are provided In the opening year of the
Events Center).
+ An Incentive fee that is equal to 2 % of all gross sales, once the gross
sales In any operating year, as defined below in paragraph 3.4C, exceed
$3,500,000.00. SMG/Savor shall be paid an additional 1% of any gross
sales that exceed $4,250,000.00 in any operating year. The maximum
aggregate percentage share that can be paid to SMG/Savor in any year'
shall not exceed $100,000.00.
In addition, SMG/Savor agrees to invest $700,000 towards the acquisition of food
and beverage equipment for use by the CITY during the term of this agreement.
SMG/Savor agrees that the equipment purchased through this Investment shall be
amortized on a straight line depreciation schedule over a period of seven years.
Wolters further advised that Savor's performance would be audited on an annual
basis both financial performance and their service performance through customer
satisfaction surveys. Questions were raised by the Committee which Wolters
responded to. Harmon questioned how the City budgeted for the 2% & 1% bonus
to Savor and also If the City had budgeted repaying the $700,000 loan which
Finance Director Bob Nachlinger addressed to Harmon's satisfaction.
Thomas moved to recommend Council authorize the Mayor to sign the Food
and Beverage Agreement with SMG/Savor, subject to final terms and
conditions acceptable to the City Attorney, and ratify all acts consistent
with this motion. Harmon seconded the motion, which passed 3-0.
4. MOVE TO APPROVE THE WASHINGTON DENTAL SERVICE (WDS)
ADMINISTRATIVE SERVICES THREE YEAR CONTRACT SUBJECT TO
APPROVAL OF TERMS BY THE CITY ATTORNEY'S OFFICE AND THAT THE
MATTER BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE
DECEMBER 9, 2008 MEETING.
Benefits Manager Becky Fowler stated that the city will contract with Washington
Dental Service (WDS) as a third-party administrator (TPA) to process claims and
provide access to WDS PPO network of dentists. The city is self-insured for this
program and will wire the monthly claims cost to WDS for our dental expenses.
The 2009/11 contract reflects an approximate 50% decrease In administrative fees
over Premera Blue Cross and is budgeted in the health and wellness fund. The
Committee raised questions which Fowler responded to.
Harmon moved to approve the Washington Dental Service (WDS)
Administrative Services three year contract subject to approval of terms by
the City Attorney's Office and that the matter be placed on the City Council
consent calendar for the December 9, 2008 meeting. Thomas seconded the
motion, which passed 3-0.
3
Operations Committee,Minutes
December 2, 2008
Page: 3
S. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN A TWENTY (20)
YEAR LEASE AGREEMENT WITH, KING COUNTY FOR SPACE WITHIN THE
AUKEEN DISTRICT COURT SUBaECT TO FINAL TERMS AGREEABLE TO THE
CITY ATTORNEY.
Chief Administrative Officer John Hodgson explained that the City has leased space
at the Aukeen District Court since 1998. The current lease ran out In June of this
year. Both the County and the City have identified needs for additional courtrooms.
The City will fund and manage the scope of work, timeline and budget. The City
has a right of first offer to purchase. In recognition of the city`s substantial
investment, the city will receive consideration for its investment upon the eventual
termination or expiration of the lease. The addition of the courtrooms will benefit
the citizens served by the courts. Hodgson noted that this project will be funded by
$7.7 million In LTGO bonds that were budgeted and sold this fall. The funds are for
design, construction, property acquisition for parking and mitigation. The
Committee raised questions which Hodgson responded to.
Thomas
moved to recommend council authorize the Mayor to sign a twenty
(20) year lease agreement with King County for space within the Aukeen
District Court subject to final terms agreeable to the City Attorney Harmon
seconded the motion,. which passed 3-0.
6. RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCES WHICH
AUTHORIZE AND ESTABLISH AN INCREASE IN THE 2008 PROPERTY TAX
LEVY FOR COLLECTION IN 2009, FINAL NUMBERS SUB3ECT TO MINOR
AD3USTMENT UPON RECEIPT OF THE ASSESSED VALUATION FORM KING
COUNTY.
Finance Director Bob Nachlinger advised that the proposed ordinances establish the
actual 2008 property tax levy for the 2009 budget. The levy includes the 1%
Increase over last year's levy and increases resulting from new construction,
increases in state assessed property, other adjustments and annexed properties.
State law requires a separate ordinance to authorize any increase in property tax.
The first ordinance authorizes an increase in the regular property tax to 1% over
the previous maximum allowed tax levy. The second ordinance levies the tax for
2009 collection. The current estimates for the 2009 budget are 27,170,338 for the
regular levy and $600,000 for the voted debt levy, for a total levy estimate of
$27,770,338. Nachlinger also noted that final numbers are pending receipt of the
assessed valuation from King County. The actual levy amounts will be presented to
Council on receipt of the certified assessed valuation numbers from King County.
The Committee raised questions which Hodgson responded to.
Operations Committee Minutes
December 2, 2008
Page: 4
Hermon moved to recommend Council adopt the proposed ordinances
which authorize ;and establish an Increase in the 2008 property tax levy for
collection in 2009, final numbers subject to minor adjustment upon receipt
of the assessed valuation form Ring County. Thomas seconded the motion,
which passed 3-0.
7. PRESENTATION OF THE MONTHLY FINANCIAL REPORT (FOR
INFORMATIONAL'PURP'OSES ONLY)
Finance Director Bob Nachlinger presented a brief review of the Monthly Financial
Report.
The 6eeting djourned.,at 4.44 p.m.
NancVlo
ry
Opers Comml a Secretary
Page 1
City of Kent
KENT Parks and Human Services Committee Meeting
Minutes of November 20, 2008
Call to Order: Elizabeth Albertson called the meeting to order at 5:02 p.m.
Council Committee Members Present: Elizabeth Albertson chaired the meeting
' in the absence of Debbie Ranniger, Ron Harmon sat in for Elizabeth Albertson,
Jamie Danielson.
Item #1 Meeting Minutes Dated October 16, 2008
Ron Harmon moved to approve the minutes of October 16, 2008. Jamie Danielson
seconded and the motion passed 3-0.
Item #2 Eagle Scout Contribution - Recognition
Fund Development Coordinator Victoria Andrews attended the meeting to have
Council recognize local Scouts. The Scouts have completed twenty projects in 2008.
Two more projects are in the finishing stages, including the first Girl Scout Gold
Award candidate.
The projects included four new informational kiosks and repairs/signage on 19
existing kiosks, 1,990 feet of split-rail fencing, 300 feet of new gravel trails, 115
newly planted native trees and shrubs, 48 feet of boardwalk over sensitive
wetlands, and three recycled benches. Park fences were repaired and repainted,
recycling bin platforms were assembled and installed, event sandwich board signs
were created, and a slide pit was reconstructed.
The City's investment in the program this year was about $4,800. The Scouts
' raised $8,195.24 in donated materials, discounts on products and cash through
personal solicitation letters, Krispy Kreme fundraisers, and other creative projects.
Scouts recognized:
• Derek Moore, Troop 302
• Jared Lewis, Troop 888
• Conner Bertsch, Troop 407
Adam Mosher, Troop 407
• Spencer Walker, Troop 302
• Nelson Browning, Troop 481
• Brandon Forsythe, Troop 464
• Jordan Tuchek, Troop 453
• Aaron Kriewald, Troop 406
• Logan Ryan, Troop 453
• Scott Self, Troop 414
• Greg Johnson, Troop 237
• Ayden Jensen, Troop 414
• Marcus Templeman, Troop 302
• Kyle Stone, Troop 449
Page 2 1
• Cameron Halverson, Troop 414
• Josh Cinkovich, Troop 453
• Max Saurwein, Troop 453
• Kyle Hadley, Troop 402
• BJ Hoffman, Troop 474
The Scouts in attendance had pictures taken with Council Committee members by ,
Kent Reporter staff.
Item #3 Comcast Cares Day Donation — Accept and Amend Budget ,
Victoria Andrews stated that on May 3, 2008, Comcast employees and their families
worked on numerous improvement projects at Lake Meridian Park as part of their
"Comcast Cares Day volunteer event. In addition to volunteering their time,
Comcast donated over $5,000, requesting the funds go toward the purchase of play
equipment for Lake Meridian Park.
Comcast representatives attended the Parks Committee Meeting in October to
officially present the check to the Kent Parks Foundation. The current agenda item
is for Council approval to accept and appropriate the funds.
Jamie Danielson moved to accept $5,050.50 from Comcast through the Kent Parks ,
Foundation toward the purchase of playground equipment at Lake Meridian Park,
and approve the expenditure of funds in the Lake Meridian Playground Equipment
budget. Ron Harmon seconded and the motion passed 3-0.
Item #4 King County 4Culture 2008 Performance Network Grant —
Accel2t and Amend Budget
Cultural Programs Manager Ronda Billerbeck reported that 4Culture has awarded
the Kent Arts Commission $9,250 to present three new works as part of the 2008
Site Specific King County Performance Network. The Phffft Theater Dance Company ,
presented "Mass Movement" at Kent Station as part of Cornucopia Days, "The Snow
Queen" was presented by theater simple at Lake Meridian Park in August, and
Brazilian musician Eduardo Mendonca performed as part of the 1st Avenue Block
Party on September 12. '
Ron Harmon moved to accept funding for $9,250 from 4Culture to reimburse the
Kent Arts Commission for three Site Specific Performance Network pieces and
approve the expenditure of funds in the Arts Commission budget. Jamie Danielson
seconded and the motion passed 3-0.
Item #5 Aukeen Court Expansion Project Agreement - Authorize
CAO John Hodgson attended the meeting to update the Committee on progress
with the Aukeen Court Expansion Project. In June of 2008, the contract with King
County for use of Aukeen Court expired. Since then, Council negotiations were
completed with the County Executive's office. City staff is currently negotiating with
County Council Attorneys. Council approved the sale of bonds and the bonds were
sold. The city finalized the purchase of the property next to Aukeen Court.
Parks and Human services Committee Page 2 ,
Minutes of November 20, 2008
Page 3
The original contract with David Clark Architects completed the schematic design
and budget development of the expansion project. The second contract with David
Clark Architects completes the design, bidding and construction services of the
project. The proposed project goes out to bid in spring, with construction starting in
the summer, and construction completion the first quarter of 2010. The final step is
execution of a 20-year lease with First Right of Refusal. Staff clarified that the
appraisal will reverse the value of the renovation.
Jamie Danielson moved to authorize the Mayor sign the agreement with David Clark
Architects PLLC, for $669,227.00 for design, bidding and construction services at
Aukeen Court, subject to final terms and conditions acceptable to the City Attorney.
Ron Harmon seconded and the motion passed 3-0.
Item #6 HVAC Ten-Year Replacement Plan — Update
Jeff Watling reported that in September of 2007, staff informed Council that several
city buildings with heating, ventilation, and air conditioning (HVAC) equipment were
approaching the end of their useful life, and a plan for replacement of those
systems over time is necessary. Part of the plan was to hire an Energy Services
Company (ESCO) to audit the Centennial Center, Police, City Hall, Fire Stations 71,
72, 73, 74, 75, 76, and the Golf Course Clubhouse. Upon review of the audit, it
was determined that the Centennial Center and the Golf Course are too complex in
nature and should be contracted out and the other buildings could be completed
with in-house staff.
McKinstry Inc. developed a proposal with the cost of the required work and the
energy saving associated with that cost guaranteed. It includes replacement of the
air handling equipment and all 85 heat pumps in the Centennial Center.
Tests indicate that Riverbend Golf Course is a candidate for use of a geo thermal
' system - aground source heat pump. The switch to a ground source heat pump at
the Golf Course for an additional cost of $250,000 will pay for itself through energy
savings over a twelve (12) to fifteen (15) year period. It will free up the necessary
power to allow switching to electric carts in the future, without having to upsize the
PSE transformer at a cost of $85,000. The cost to complete this city-wide project is
$2,638,638.00, including tax.
Staff from Facilities and Finance will work together to determine the best way to
fund this project. The plan is to bring an action item back to the Parks Committee
meeting in January 2009.
Charlie explained that geothermal is heating and cooling from the round. The
p 9 9 9 9
lifecycle is twenty years. This method is more efficient and uses less energy.
Riverbend Golf Complex is an excellent valley location for this plan and provides the
ground work for solar paneled electric carts in the future, thus encouraging
additional energy savings.
Parks and Human Services Committee Page 3
Minutes of November 20, 2008
Page 4
Item #7 What's Happening
Jeff Watling presented upcoming events and informational items.
• Six schools participated, with 400 students planting trees at Clark Lake Park.
Bus transportation to and from the event was provided by the Kent Kiwanis
Club.
• Make-A- Difference Day had 148 participants. They built a ramp and
removed truck loads of Scotch Broom.
• The Morford Family Carousel opens on November 28. Volunteers from SCAC
AND KYFS are partnering to operate the carousel. Pre-sale of tickets is very
popular this year.
• The Creative Art Space Show, which highlights extremely talented artists t
every quarter is featuring Robotics this quarter. The location is the Resource
Center from December 9 - 12. The contact number: 253-856-5030.
The meeting adjourned at 5:38 p.m.
Respectfully submi ed,
"'s P�
Teri P rol e Pet role
Committee Council Secretary
Parks and Human Services Committee Page 4
Minutes of November 20, 2008
1
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
DECEMBER 1, 2008
Committee Members Chair Elizabeth Albertson, Ron Harmon, Tim Clark
Albertson called the meeting to order.
Approval of Minutes
Clark MOVED and Harmon SECONDED to approve the minutes of November 10,
2008. Motion PASSES 3-0.
SCA-2007-1 Subdivision Code Amendment (Phase I)
Planner Sharon Clamp stated that staff is proposing to amend the Subdivision Code
to extend expiration time periods for preliminary short plat approvals. Current code
allows for one year with a one year extension to complete the short plat and record
with King County. Staff has been hearing from applicants that two years is not
enough time to get to recordation. After approval, an applicant must submit and
gain approval of an engineering plan. Applicants have to coordinate with a variety
of agencies and sometime adjacent property owners. After civil construction permit
approval, applicants must construct improvements or provide a bond in lieu of
construction.
Clamp added that with the current economy, financing and bonding are presenting
issues to developers. Clamp stated that State law allows cities to adopt their own
rules and regulations in regards to short plats. However, State law governs the
processes for full subdivisions which are plats 10 lots or greater. Other jurisdictions
provide three to five years for short plat expiration. At the October 21, 2008 Land
Use and Planning Board meeting applicants noted that short plats are not that
different from a subdivision which is allowed five years with a one year extension.
Clamp went over some statistics from 2007 and 2008 showing the average time
period for short plats to record. Clamp noted that small builders do not have the
resources that larger builders do.
Staff presented three options to the Land Use and Planning Board. The Board is
recommending Option B to extend approvals to 4 years and extend by two years all
preliminary short plats that have not yet expired.
SCA-2007-1 Subdivision Code Amendment (Phase II)
Clamp stated that staff is proposing to reduce wording in the Subdivision Code by
approximately 50%. There is a lot of duplication and redundancy that staff
proposes to eliminate. This document is consistent with State Code. Staff is
recommending removing a section that has specific construction standards and
PEDC Minutes
December 1, 2008
Page 1 of 5
2
instead just referencing them, e.g. in the City of Kent Construction and Fire
Standards. If these standards subsequently changed, the subdivision code would
remain current. The application process for final approval would also be updated.
Albertson asked for clarification on how many years current short plats would
receive. Clamp stated that short plats with current approvals that have not expired
would gain an additional two years.
Garrett Huffman, Master Builders Association (MBA), 3351 116th SE Bellevue, WA
Huffman voiced his full support for extensions. MBA is working on an economic
stimulus package and will be bringing it to King and Snohomish counties. Huffman
noted that financing is currently the biggest obstacle for builders. Huffman
expressed interest in Option C, with hopes of capturing projects that have been put
on hold in the last 18 months to do financing. Huffman noted that these projects
could be completed when financing is available. If not given an extension, Huffman
questioned if applicants would re-submit under the new development standards,
which can add significant costs.
Gary Gill, DMP, 726 Auburn Way North, Auburn, WA t
Gill voiced support for option C. DMP has three clients whose plats recently
expired. Their plans have been approved but they have not been able to obtain
financing. Gill noted that 2007 statistics provided by the City were generated
during a housing boom; now the market has changed. Gill stated that specific and
valid criteria could be created to reinstate plats that have met preliminary approval,
adding that cost is significant if the developer has to re-apply.
Jason Cole,850 Orbitz Road SE, Auburn, WA 98092
Cole stated that he has a six lot short plat in the City and that he supports Option
C. Cole questioned what happens if you do not go back and make the extension
retroactive. He estimated his cost to be between $60,000 -$70,000 to go through
the process again. Cole mentioned that not many properties fit the criteria for
retroactivity, believes between 20-30 lots. These have been approved under the
old standards. He stated that by not going retroactive, he feels the City is hurting
the local economy by letting these projects just sit there.
Hans Korve, DMP 726 Auburn Way North, Auburn, WA
Korve voiced support for Option C. Korve provided a partial printout of the MBA's
stimulus package, from the MBA web site. Korve noted that Ron Simms with King
County supports this stimulus package. Korve spoke to the economic impact of
plats failing. Korve mentioned that many of these plats are small mom and pop
operations that do not have the resources larger builders do. Korve stated that the
cost to redesign is significant and that the new standards are totally different. He
stated that a Housing Presentation by the MBA predicted a spike in housing prices j
in a few years. Korve stated that currently there is more housing than demand and
not many people are building which creates a hole in the market. As the economy
improves there will be a spike in costs due to the lack of inventory.
PEDC Minutes
December 1, 2008
Page 2 of 5
3
Korve stated that only 20 lots will be affected under Option C. He stated he hopes
these projects are saved because applicants did everything right. Korve predicts
that if these projects come back under different owners, the lots will likely be
divided into smaller lots to recap costs.
Colin Thorpe, 1226 SE 178th Street, Renton, WA
Thorpe stated that he represents the Devlin short plat on East Hill, slated to expire
in eight days. Thorpe stated that he filed his short plat in 2006. Thorpe stated that
the goal of his project is to add two residences for family members. Thorpe stated
that the City tied access to his plats to the adjacent subdivision. Thorpe did not
realize that the neighboring parcel was given five years to complete and he only
had one year. Thorpe stated that he has spent over $30,000 dollars on his
development and feels it unfair that only certain lots are being considered for an
extension. He stated that it has been determined the US has been in a recession
since December 2007. Thorpe noted that 13 plats have expired in 2008 and only
two have been recorded. Thorpe noted that his project would not be covered under
Option C. He asked the committee members to consider not adding the extra 30
day waiting period and open the extension up to the 13 plats that expired in 2008.
Sam Pace, Housing Specialist, Seattle King County Association of Realtors
Pace stated that many applicants face financing issues. Applicants are falling victim
to banks' internal loan portfolio issues. Applicants are losing automatic rollovers;
banks are not willing to roll over loans. Projects are affected by bank consolidation
and takeovers. A new bank might not give loans that the prior bank gave. Pace
gave an example of a plat on Kent Kangley that previously had a loan to value ratio
of 50% and currently the loan to value ratio is over 100%. He stated the market
has turned.
Pace provided a copy of information on the Kent housing market. Pace stated this
issue does not just affect the builders and developers; it also affects Kent families
that need a place to live. Pace stated that he supports option C.
Clamp added that during the time staff was preparing the extension they began to
receive calls from applicants who were close to recording but were unable to obtain
bonds. Based on public response regarding bonding, staff created Option C. The
Land Use and Planning Board asked planning staff to propose criteria to be used to
reinstate expired short plat approvals. Clamp stated that Law expressed that such
an ordinance could be created if there were a clear reason and specific criteria such
as: approved civil construction permit, final short plat application reviewed and
approved, signed mylars received by the City and all City fees paid. In addition,
written documentation must be provided showing that the applicant is unable to
secure a bond and a letter sent to the City requesting the extension within 30 days
of the Ordinance passing. Clamp noted that three applications fall under Option C.
Clamp added that Thorpe's short plat did not fall under these criteria.
PEDC Minutes
December 1, 2008
Page 3 of 5
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Harmon questioned why the LUPB went for Option B and not Option C.
Clamp noted that there was a question about granting special privileges and that
not many applicants would meet the specific criteria.
Albertson asked for clarification that Option B would bring 45 lots back in to play
and that option C only brings an additional 20 lots back into play. Clamp noted that
Option B captures plats that have not yet expired.
Planning Services Director Fred Satterstrom clarified that Option C would add
additional lots to Option B. Harmon asked Satterstrom about the process to
resubmit if the permits expire and if any type of relief is being developed for these
applicants. Satterstrom stated that applicants will have to start the process over
again, including incurring the cost of the application fee. Satterstrom added these
properties would have to conform to the new standards. He added that staff is not
working on changing the re-application process.
Harmon MOVED to approve SCA-2007-1 Subdivision Code Amendment (Phase I)
and to modify the recommendation of the LUPB of Option B to extend the expiration
periods for preliminary short plat subdivision approvals to four years and extend by
two years all preliminary short plat approvals which have not expired upon the
passing of this Ordinance, and to approve SCA-2007-1 Subdivision Code
Amendment (Phase II) as presented by staff.
Harmon stated that his motion would take effect immediately at the passing of this
Ordinance and that current plats would be allowed to be completed. Clark asked
for the city attorney.
In response to Mr. Clark, Assistant City Attorney Kim Adams Pratt clarified that Mr.
Harmon's amendment is needed. Pratt added that some applicants would be
affected by the dates. Pratt clarified that Option C would include those lots in
Option B.
Clark SECONDED the motion. Motion PASSED 3-0. ,
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code
Amendment
Principal Planner Matt Gilbert stated that staff is proposing an amendment to the
current zoning code, related to the permit process for siting accessory hazardous
substance land use facilities Since 1988 there have been many advances in the
Fire, Building and Environmental Codes that augment the zoning code. Gilbert
stated that staff is proposing amending the Conditional Use Permit process in
regards to accessory uses. Gilbert stated the Conditional Use permit process
typically adds 5 months to the project and rarely results in substantive conditions.
Staff is proposing that if a hazardous substance land use is an accessory use, it
could go through the building permit process. Gilbert noted that staff is not
PEDC Minutes
December 1, 2008
Page 4 of 5
5
proposing any changes to siting criteria, just changes to the process. Gilbert added
that projects where the hazardous substance land use is the principal use of the site
would still require a Conditional Use Permit.
Clark MOVED to adopt ZCA-2008-1 Hazardous Substance Land Use Facilities as
recommended by the LUPB. Harmon SECONDED the motion. Motion PASSED 3-0.
Adjournment
Seeing no further business, Chair Albertson adjourned the meeting at 7:00 p.m.
Molly Bartlemay
Planning Services Secretary
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PEDC Minutes
December 1, 2008
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KENT
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CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
SPECIAL MEETING
December 2, 2008
COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair
The meeting was called to order by Chair Ron Harmon at 5:04 PM.
• Chair noted that no action items could be added to the agenda of this special meeting.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the October 14, 2008 meeting.
The motion was seconded by J. Danielson and passed 3-0.
2. Youth Conference December 9_10th - INFO ONLY
Police Chief Steve Strachan introduced Public Education Specialist Stacy Judd who
explained the purpose and focus of the 215t annual event and invited committee
members to attend the event.
3. Bulletproof Vest Partnership FY 2008 grant award - AUTHORIZE and ACCEPT
Chief Strachan introduced Research and Development Analyst Debra LeRoy who
reviewed the vest replacement program.
J. Danielson moved to authorize the Kent Police Department to accept the
FY2008 Bureau of Justice Assistance Bulletproof Vest (BVP) grant in an
amount not to exceed $9,444.50.
The motion was seconded by L. Thomas and passed 3-0.
4. Washinaton Association of Sheriffs and Police Chiefs $7,400 grant application
- AUTHORIZE
Chief Strachan explained if awarded, the funds will be used to purchase two Lidar Radar
units and one hand held radar unit, including sales tax for the Traffic Unit.
L. Thomas moved to authorize the Kent Police Department to apply for the
Washington Association of Sheriffs and Police Chiefs Traffic Safety grant in
the amount of $7,400.
The motion was seconded by J. Danielson and passed 3-0.
S. Washington Association of Sheriffs and Police Chiefs $500 mini-grant
application - AUTHORIZE
Chief Strachan explained the grant funds would be used for small microphones for use
during seatbelt patrols and by undercover officers during street racing enforcement.
J. Danielson moved to authorize the Kent Police Department to apply for the
Washington Association of Sheriffs and Police Chiefs Traffic Safety mini-grant
in the amount of$500.
The motion was seconded by L. Thomas and passed 3-0.
6. Washinaton Traffic Safety Commission "X-52" $5.003 arant - ACCEPT
Chief Strachan explained the funds will provide sustained overtime funding for DUI
enforcement and speeding.
L. Thomas moved to recommend authorizing the Kent Police Department to
accept the Washington Traffic Safety Commission "X-52 Patrols" grant in an
amount up to $5,003.
The motion was seconded by 3. Danielson and passed 3-0.
7. Seattle Police Department Cost Reimbursement and Service Agreement -
ACCEPT
Chief Strachan explained the funds will be used for Kent police officers' overtime as
they assist in the investigation and prosecution of gang related crime through a multi-
jurisdictional Special Gang Enforcement Taskforce.
3. Danielson moved to authorize the Kent Police Department to accept cost
reimbursement in an amount not to exceed $5,000 from the Seattle Police
Department.
The motion was seconded by L. Thomas and passed 3-0.
S. Metro Transit Police Suspension Procedures - INFO ONLY
Chief Strachan reviewed the protocol to be used by Kent Police Department officers
when dealing with situations on Metro Transit and Sound Transit properties or coaches
pertaining to transit suspension procedures within the City of Kent.
9. Homeland Security Sub Grant $50,000 - ACCEPT
Fire Chief Jim Schneider explained the funds will be used to purchase personal safety
equipment for trained CERT individuals through a bulk buy program. He credited
Kimberly Behymer, Program Coordinator, for her work on this grant.
L. Thomas moved to recommend placing this item on the Consent Calendar of
the December 9, 2008 Council Meeting, accepting the Homeland Security Sub
Grant, not to exceed $50,000 and authorizing the Mayor to sign the contract
with King County Office of Emergency Management to receive the funds.
The motion was seconded by 3. Danielson and passed 3-0.
10. Fire Department's 2007 Emergency Response Performance Report - INFO
ONLY
Chief Schneider distributed copies to the members and reviewed the report.
The meeting adjourned at 5:48 PM.
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Jo Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
December 2, 2008
1
PUBLIC WORKS COMMITTEE MINUTES
for December 15, 2008
Committee Members Present: Committee Chair Debbie Ranniger was absent due
to weather conditions. Committee Member Ron Harmon and Debbie Raplee were
present. The meeting was called to order at 5:07 p.m.
Harmon noted that Public Works Chair, Ranniger gave her concurrence to Item 1,
prior to the meeting.
ITEM 1 — Approval of Minutes Dated December 1. 2008:
Committee Member Harmon moved to approve the minutes of December 1,
2008. The motion was seconded by Raplee and passes 3-0, with Ranniger's
concurrence.
ITEM 2 — Authorize/Surplus Vehicles:
Fleet Superintendent, Ron Green asked committee members to authorize staff to sell
at auction or to other smaller cities 13 vehicles and miscellaneous equipment, per
the cities vehicles and equipment replacement policy. Items will be auctioned in
February by James Murphy.
Harmon moved to recommend Council authorize the Mayor to approve staff
to appropriately dispose of thirteen (13) vehicles and miscellaneous
equipment as described in this memorandum, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director.
The motion was seconded by Raplee and passed 3-0 with Ranniger's
concurrence.
ITEM 3 — INFORMATION ONLY/STORM UTILITY PIPE REPLACEMENT &
MAINTENANCE:
Utilities Superintendent Greg Reed presented an informative PowerPoint presentation
on the background of the City's storm system, his focus was mainly on the collection
system.
Information Only No Motion Required
ITEM 4 — UPDATE/INFORMATION ONLY — RESIDENTIAL TRAFFIC CALMING
PROGRAM:
Design Engineering Supervisor, Chad Bieren and Transportation Engineering
Specialist Rob Knutsen updated the committee members on what's been going on
over the past several months in regards to residential traffic calming: Multi Media is
working on new brochures, and there have been about 12 neighborhood meetings
with anywhere from six to forty participants. The Transportation section has
conducted 20 studies to date and trained 25-30 people on how to use the radar,
letters have been sent out to speeders notifying them that they were "caught"
speeding in the area and letting them know how much their ticket would cost if a
police officer had been the one that caught them. Staff will keep committee
members up to date on future meetings and happenings.
Information Only No Motion Required
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PUBLIC WORKS COMMITTEE MINUTES
for December 15, 2008
ITEM 5 — INFORMATION ONLY — 2 ND & 3 RD QUARTER SUMMARY:
Deputy Public Works Director, Tim LaPorte noted that Public Works has a $53-million
dollar budget that does not include capital. LaPorte went on the talk about the
overall accomplishments.
Information Only No Motion Required
On a special note, Harmon and Raplee thanked the Public Works department for
running an efficient and effective department.
Adiourned:
The meeting was adjourned at 6:22 p.m.
Next Scheduled Meetina:
Monday, January 5, 2009 at 5:00 p.m.
Cheryl Viseth
Public Works Committee Secretary
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CONTINUED COMMUNICATIONS
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EXECUTIVE SESSION
1 ACTION AFTER EXECUTIVE SESSION