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City Council Meeting - Council - Agenda - 04/21/2009
I I i ; City of Kent City Council Meeting Agenda i ' April 21 , 2009 _ C Mayor Suzette Cooke Debbie Raplee, Council President I Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger Jamie Danielson Les Thomas ENT WASHINGTON iI City Clerk's Office I KENT CITY COUNCIL AGENDAS ! KENT April 21, 2009 "- WASH INGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Ra lee 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. Jail Report Chief Strachan 40 minutes 2. Human Services Report Marina Hanson 10 minutes 3. 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. Records and Information Management Month Proclamation D. Allied Waste Award Presentation E. Public Safety Report F. Legislative Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. 2009 Premera Blue Cross Administrative Services Contract - Authorize D. Identity Theft Prevention Program Resolution - Adopt E. Budget Adjustment Ordinance - Adopt (Continued) t COUNCIL MEETIN G AGENDA CONTINUED ' F. Permit Timeline Extensions Code Amendment Ordinance - Adopt p G. Washington Traffic Safety Commission Mini-Grant - Accept H. Washington Traffic Safety Commission Grant - Accept I. Bulletproof Vest Program Grants - Accept J. Washington Auto Theft Prevention Authority Grant - Accept K. Washington Auto Theft Prevention Authority Patrol Task Force Grant - Accept L. Muckleshoot Casino Donation - Accept M. Corrections Facility Programs and Police Department Fees Resolution - Adopt N. Purchase of Panasonic Toughbook Computers - Approve O. Purchase of Ledco Docking Stations - Approve P. Purchase of TG3 Backlit Keyboards - Approve Q. Purchase of Havis Shield Mounting Brackets - Approve R. Salmon Recovery Funding Board Project Agreement Amendment - Authorize S. Montessori Plus School Lease Agreement - Authorize 7. OTHER BUSINESS A. S. 228th Street Grade Separation, Burlington Northern Santa Fe Railroad, Easement Agreement B. Adjust Water Rates to Fund Water System Plan - Ordinance 8. BIDS None 1 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington - Telecommunications Relay Service at 1-800-833-6388. v [ U LLIN L O T— ro T O h Q O, ro C ELL QO! > O ro L 0) 2 a) O L as E ro E c v ° c °c°> v Q E o C L v' v v ro C O. O C C) C I bA 'a O CC O._ Ql QJ v,-0N N ° v � v, T ro 'o OU N C d b ro>- t PA `L-. O C C C Q! v, N p ro v ooL ° C v v c v ro c c 0o v— v v �Urc d � QEvtvvoa) °L ,� v "�Y ° - �U•; $ o u ro 3 v d a� c — ° E c o v c'u ° u —T C bA R! 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E D > W= z D ro �i 3 • L Q Q N 1` O •3-s torn o b O E U o dU Ln 1� V 'C�^ 'm NO T u . � C a) � u ro b v0 —O goy V O u @� 7 o r •.�• U 0 r�.C .p TQ = I LL Q C , Y O ,.r� ro Ljj LIJ YU :I� U3 Coc p 0 U C R .ro >>= ro� c c inO O O Y E ro E V>U- YY 'mo�� V U a a w w a L t O u4a o S a 0 c' OO C O `O L O.. O O a) bO U A Y v U C vENro �a vV rov': oz v E c — U E o 3 -> 3 o v ro U _ v�c ` ° ro > c C inro E Q U > E C u v c a Eco N — O E m� yro T c - • off o o v _ o v a u 3 nit Vs2 ro o s °° U N vt c = N Q ro bQ S 0) Y u w N y� �.Ct' 3 E v° T w o u v a� v OO^ °w ° o ° Q� To N c . - tL a 1 w o a c a ^v C.N aJ vi y^•. -0'O 00•C vi bq bq'� 3 f E ° N b ° FZ N� N oCn� ��°� n v N E avcoQ oU Q c c a� aM u QEU`O�.0 Y OIV °:_-p ° c `� t0 E ro o •.:. Y N N c U N o C. OU'b w C v i .°i- C u 7 d 7L-,0 u •- y �O ro v es Qoe "I u ro QU'> a E E�s Q >m Q luz COUNCIL WORKSHOP 1) JAIL REPORT 2) HUMAN SERVICES REPORT 3) INTERGOVERNMENTAL ISSUES r r Recommendationsty of Kent l Report and Committee April MAW AU. ' - Nxevxla v d'kfl N3 I I Contents I ■ Jail Committee Executive Summary ■ Appendix A - Process Changes ■ Appendix B - Background I ■ Appendix C - Human Services and MIDD Funds ■ City of Kent Draft Ordinance ■ "Why Kent is keeping its jail", Kent Report Article 3/27/09 I l � I I 1 1 I City of Kent Jail Report and Committee Recommendations March 2009 EXECUTIVE SUMMARY The purpose of the Jail Committee was to provide "out of the box" recommendations that could enable the City of Kent to provide a sustainable model for misdemeanor incarceration using our existing jail facility, with or without annexation, while still achieving our goals of aggressive crime fighting. The study was also conducted in light of our preliminary decision to forgo involvement with the regional "SCORE" (South County Regional Entity) Jail being built in Des Moines. In the interest of due diligence, Kent participated in the original study. The decision was made that with some modifications to the existing building we could provide long-term services with our existing high-quality staff. Following numerous committee meetings and input from stakeholders including corrections, police, the courts, prosecutors, defense attorneys, labor unions, probation and human services, a number of recommendations were considered. Many "process-oriented" changes have already been implemented and are providing incremental change. Process changes are outlined in Appendix A. Three major specific recommendations have resulted from the committee's work, and they are submitted for review and action: 1. Establish a simple, success-oriented work crew system as an alternative to incarceration to provide a significant additional option to help manage the jail population; 2. Create a specific mechanism to take daily responsibility for population management. The goal is to keep the population at or below the management capacity; 3. Renovate and update the booking, locker and medical areas of the jail. If these reasonable and relatively low-cost options are adopted, we believe that the current facility can be sustained long-term, with or without annexation. It would also enable us to leverage our professional and highly capable staff and the "sunk" costs of the existing building. 1 I The background of the jail itself, the reasons that a facility is needed relative to the dynamics of King County's decision to move misdemeanants out of their facilities, and issues related to regional jail studies are under Appendix B of this report. j i Finally, commentary and background on mentally ill and drug dependent inmates and some new options to keep them out of the jail are presented in Appendix C. MAJOR RECOMMENDATIONS 1. Establish a simple, success-oriented work crew system as an alternative to incarceration to keep many offenders out of the jail population. This program would include those inmates that are available to work with the direct supervision of a correction officer. This is distinct from some current work-related or alternative programs which have little or no direct supervision, and therefore require much more stringent review and criteria. This effort is being researched by Deputy City Attorney Pat Fitzpatrick. The Kent Municipal Court Judges or jail staff will have the option of sentencing people directly into the program, instead of jail. An option to specifically bar certain offenders from any type of alternatives would be available to judges, as is the case now. A check for pending felony charges, mental health issues, physical ability, and current jail behavioral issues will be addressed in a screening criteria. There will be some minimal capital outlay involved with this option, as we will need to purchase OSHA required vests and safety clothing, protective gear, appropriate signage and cones, work equipment (brooms, rakes, bags, gloves, etc), and possibly a trailer restroom. The vision of the work crew program would have a simple and consistent group p 9 p 9 p reporting each day, from 10:00 AM to 5:00 PM. The work done by the crew could include trash pickup along bike trails or in certain high-profile traffic areas. The key is to make the requirements of the work crew program easily attainable by a population that sometimes has difficulty making appointments and meeting deadlines. This change would provide a substantial alternative to some current jail populations, and would be a new program which could be staffed by current programs officers. We will need to monitor whether it would require additional staff. A draft of a work crew ordinance has been prepared, and the Teamsters Union has made mutual changes to the draft. The focus for work crews should be a program I designed for success - enabling offenders who have difficulty with schedules, deadlines and transportation to finish and get out, rather than continually returning and being drawn into added punitive measures. A new city ordinance outlining alternatives, defining custody, and justifying criteria is a logical first step. i 2 I i 2. Create a specific mechanism to take daily responsibility for population management. The goal is to keep the population at or below the management capacity of 80. Jail population is obviously affected by the number of people arrested, the number of charges filed, the length of recommended sentences, the actual sentence issued, alternatives to incarceration options, etc. We need a specific, well-defined, and accountable mechanism to bring all these factors together with the goal of keeping the jail facility consistently at management capacity or less. The goal is to maintain bed space for the highest impact offenders. Historically, we have been reactive, rather than proactive, relative to high jail population. The only mechanism we have for dealing with overcrowding is 'i reviewing the inmate population, and determining whether there are any defendants who may be released in the near future who can be released early. Generally, if requested by the jail, the prosecutor will review the inmate list to determine who will be released in a shorter period of time. If the prosecutor identifies inmates for who it would not object to early release, the prosecutor will forward those names to the public defender. The public defender will then submit a motion to the court asking that the defendant be released early. It is then up to the court to determine whether the defendant will be released early. This rarely alleviates the population pressure on the jail. With proper planning, the issue may be mitigated entirely. If we establish a simple and substantive work crew program, a population manager would be able to refer the inmate population to the work crew and other programs to ensure the city maintains space on the hard side of the jail for high impact offenders. Also, the population manager could forecast jail population and communicate with the police '. department and prosecutors so the two departments could temporarily shift resources (such as, reschedule an emphasis, or choose to "book and release" for certain cases) to avoid the overcrowding. The placement and staffing for this mechanism can be determined by the stakeholders relatively quickly, and we have already established that the stakeholders agree on goals and outcomes. The population management function would most logically be placed at either Corrections or the Law Department. 3. Renovate and update the booking, locker and medical areas of the jail. A study completed in 2006-2007, noted that for long-term use of the existing building, which was completed in 1985, a few areas need to be addressed. First, a seismic analysis and structural improvements will provide additional support in case of earthquake. Second, the medical area is too small, the booking area is outdated and inefficient, the current holding cells are too few, and the staff locker rooms need to be enlarged. Some of the initial analysis already completed will reduce the impact of determining the actual costs of improvements. These minor renovations 3 are needed both to ensure structural stability in the case of the seismic improvements, as well as for general use if the building is to be utilized long-term. The current economic climate may enable us to accomplish this goal at a lower cost for construction. k t 4 Appendix A- Process Changes This appendix provides a list of options explored by the committee, and a note on whether the option was implemented, is in review, or is not being implemented. A. Imposing sentencing that closes the case with mandatory costs and assessments, no jail and no monetary fine. The idea is to specifically define a jail term or fine which will be completed with no further probation, fines or suspended sentences hanging over the inmate. The need to impose these sentences drives up lengthy jail terms, and serves to draw the inmate back to our city again and again. (Implemented 412008) B. Limiting the amount of the jail time that is suspended for persons on probation. Instead of imposing the maximum jail allowed under the statute (365 days for gross misdemeanors and 90 days for misdemeanors) the court will consider imposing and suspending less than the maximum jail allowed under the law. (Implemented 412008) C. Release more persons on their own recognizance pending trial with added conditions of release. (Implemented 812008) D. The court implemented a weekend Personal Recognizance review calendar administered as a pilot program by Judge Phillips. This was done from November 1-3anuary 8 nearly every weekend. Reviewing jail records from Nov., Dec., and Jan. bookings show that we had 918 bookings during the time frame of the pilot and Judge Phillips completed the weekend warrant review. His report shows that he released ten inmates and that sixteen posted a reduced amount of bail. This affected 2.8% of the bookings for this period of time. (Implemented 1112008) E. Decriminalizing Driving While License Suspended (DWLS) - Third Degree - this idea was discussed among the subcommittee and was sent out for discussion among the prosecutor's organizations to determine if there would be support for this legislation. The court believed that there would not be legislative support from other courts as this option would have a severe financial impact on the court and the state. This was the consensus among other prosecutorial jurisdictions, as well. In February 2009, Traffic Officer Dexheimer, understanding the goal of reducing impacts on prosecutors and the jail from DWLS defendants, suggested a new approach. Based on his suggestion, we implemented a new policy in which first time DWLS-3 drivers, who are in possession of a driver's license, are charged with Possession of a Suspended License, an infraction, and are directed to New Connections for assistance in getting a valid license. This will serve to reduce case loads, and at the same time provide support for many drivers to get the license reinstated and back on track. In 2008, Appendix A 1 Kent P.D. issued 1900 DWLS-3 charges, so this change could be substantial. (This option has been implemented 212009) F. Changing the Mandatory Jail sentences for DWLS 1 - the legislature addressed this issue over the last few years and has previously reduced the mandatory sentences. The judges felt that there would be little support for this option from other jurisdictions. The Prosecutor's Office requested i opinions from other jurisdictions on whether they would be willing to support such legislation and no other jurisdiction was in favor of proposing this legislative amendment. (Likely cannot be implemented) G. Creating a Sentencing Reform Act via city ordinance for our court - this option would preempt a state statute. (Likely cannot be implemented) i H. Having officers release persons on their own recognizance when contacted and give them a court date - the judges did not believe that this was a viable option and voiced concerns they have heard from other courts that officers have an obligation to arrest and book persons who have outstanding ' warrants. This does not appear to be a viable option at this time. (Likely cannot be implemented) I. A complete review of all criteria for programs available to inmates. The intent is to increase participation and acceptance into programs without decreasing public safety. We will continue to review information on all inmates that participate in these programs to assure that appropriate inmates participate. The programs we currently offer are: i. Work Release in which inmates pay a daily fee to complete their ?, jail time while continuing to work; ii. Community Service Program, which is court ordered hours to be r completed by said date, and the person is not booked-in; 1 iii. Day Detention in which the inmate pays a daily fee and may work, or report daily for Community Service; iv. Electronic Home Detention, which consists of inmates that wear equipment to track their daily movements which is downloaded at the end of every day - they either pay a daily fee, or report for Community Service in lieu of payment; v. Work Time Credit in which inmates work at the Food Bank, Senior Center, Police Department, and Tahoma National Cemetery. (In progress) J. We are waiting for the installation of a free phone to be connected in the multi-purpose room of the jail for inmates to use immediately after seeing the judge so that they can make arrangements for bail. This option is to increase and simplify releases after court appearances by allowing inmates to Appendix A 2 f 1_ call family and friends to assist in paying bail immediately. Currently they have to make a collect phone call and many families do not or cannot accept collect calls. (In progress) K. Review the cost of housing inmates in another jail facility. One recommendation is to explore a different facility for certain inmates. Many facilities do not accept certain types of inmates. (Under review) L. Consider an organizational change in which we would book only violent or other major offenders. Currently, a high number of arrestees are booked into the jail as a matter of routine. Departments without a jail in their city generally do not book each arrestee. Some believe that officer discretion and our mission goals will be eroded if they cannot have complete access to the facility at all times. (Under review) Appendix A 3 Appendix B- Background The City of Kent Correctional Facility (CKCF) was built with a federal grant obtained in 1985; the City of Kent's match was just over $2,000,000. The CKCF was initially built with single bunks in each cell and holding cells for a total of 57 beds. It was double bunked in 1991 enabling the facility to house 105 inmates in general population and holding. After double bunking the CKCF became, and remains, the largest municipal jail facility in the State of Washington. In addition, the facility has 25 male beds for work release and work time credit inmates who work at job sites such as the Kent Senior Center, Tahoma National Cemetery and the Kent Food Bank. There are also eight beds for females who qualify for work release and work time credit. These 33 beds, in addition to the hard side beds, equal a total of 139 beds in the entire facility. The jail has 29 staff, including Captain Bob Cline, Lt. Curt Lutz, six Corrections Sergeants, one Administrative Assistant and 20 Corrections Officers. The facility also contracts with Consolidated Food Management for food services and Occupation Health Services/Valley Medical Center for on-site medical services. In 2001, a small building north of the CKCF was remodeled to house the Programs staff, which manages offenders in our Alternatives to Incarceration Program (AIP). This building has offices, booking capabilities, meeting and training rooms. The corrections sergeant and two corrections officers manage the following programs: Life Skills Alcohol/drug education classes Work release Home detention & monitoring GED program Quarterly flagger training Day reporting AA and NA meetings Religious services Work Time Credit Community Service DSHS Orientation Programs staff also coordinates work crews as needed to assist with graffiti removal in public right-a-ways and litter pick up at Dept. of Transportation locations, as well as various alleyways in the City of Kent. They have also been approved to paint interiors at non-profit business locations. Generally, those permitted to work in the community are very low risk individuals who must meet strict qualifications and guidelines set forth to provide services in the community. Eligible clients include those in home detention, work release, day reporting and work time credit programs. On average, there are 25-30 inmates at any given time in these various programs. The corrections staff in AIP work with approved guidelines on who may qualify; it is their responsibility to complete background checks on each inmate to see if they qualify. There have been periods of time when staff has managed as many as 35- 40 inmates, mainly during the summer months. In 2008, when the number of Appendix B 1 inmates eligible for AIP programs decreased, we began taking outside cities' and counties' inmates for work release and home detention based on space availability. Until recently, we charged $35 dollars a day to manage these inmates. In October S 2008, we raised the rates to $50 dollars a day. Almost all fees for AIP programs I were raised in an effort to pay for the AIP programming. Total revenues for Alternatives to Incarceration in 2008 were $124,598 which is 9% above projected revenues. In 2004, Captain Rufener, then leading the Corrections Division, approached Chief Crawford about remodeling the facility to make it more efficient and update the 20+ year old building. The goal was to add desperately needed holding space, increase meeting/training rooms, update the booking area, locker rooms, lunch room, offices, visiting area and more efficiently store inmate property and enlarge medical facilities. It was approved at that time to examine these needs and the firm of Rasmussen and Trebelhorn was engaged to create a plan and provide cost estimates. In 2005 dollars, the remodel was $1.6 million; in an update for 2008, that amount is now $3.2 million. In 2009, current construction trends should put that estimate somewhere between those two figures. Note that this renovation j does not include any added jail beds. 1 In November 2005, after meeting with Rasmussen on the proposed jail remodel, a decision was made by Chief Crawford to determine what a complete remodel of the jail would cost. A committee process was begun with legal, police, court and probation on all the needs and efficiencies that could be realized with a complete remodel and added beds. This report was completed in May 2006 and the proposal was in the $9 million dollar range. Also included in the proposal was the fact that we would need to rent jail beds during the renovation and/ or completely shut the facility down for 12-15 months. The CKCF building was seismically fortified after the Nisqually Earthquake to meet current building standards the building foundation and fortified areas must be engineered to improve the strength of the building. This was also factored into the cost of a remodel. Before any renovation is undertaken, there are unknowns about the foundation that should be explored. In September 2006, we further explored the possibility of adding beds, and examined the idea of renovating an existing warehouse into a large jail. Rasmussen and Trebelhorn studied and provided recommendations for the three ideas in April 2007. At that time, the estimated cost for a remodel was $9,400,000. The cost estimates for a new facility was $13,048,000 (which could be placed north of the current court building on city property) and to renovate a warehouse was estimated at $15,151,000 in 2007 dollars. It was determined that a remodel is far less efficient and would not provide much additional bed space because the beds realized would be at the expense of terminating or moving work release and work time credit inmates out of the building. Additionally, the ability to rent jail space for our inmates during the renovation would add considerable cost to the project and be in the realm of the new facility cost. The recommendation to the city was to Appendix B 2 1 consider building a new jail. At that time, we also began to explore the idea of reducing the demand for bed space through other means. In the fall of 2007, the Cities of Auburn, Renton, Tukwila, Federal Way, Des Moines and SeaTac approached Kent to consider joining them in their efforts to build a South County Regional Entity (SCORE). These cities all currently contract with King County Corrections for misdemeanant jail space. Renton, Auburn and Kent are the only cities that have their own city jail in South King County and both Renton and Auburn also contract for additional space. The City of Kent does not currently have a contract with King County. When SCORE began their process in 2007, King County projected that the suburban cities and Seattle would not be able to house misdemeanants beyond the year 2012. That date has now changed to 2016, but the cities continue to plan for a new facility by 2012. CAO John Hodgson, Chief Strachan, and Captain Rufener attended early SCORE meetings. At the same time we attended the SCORE meetings, we completed an analysis on a new City of Kent Corrections Facility. In 2008 dollars phase one was estimated to be $16,000,000 to $18,000,000. This would provide 150 managed beds. If no phasing was used and instead a 200 managed bed facility was built, the cost would be between $17,000,000 and $20,000,000. The rate of inflation and downturn in the economy in 2009/2010 will likely keep the cost estimate in this 2008 range, according to Kent Facilities Manager Charlie Lindsey. In April 2008, Chief Strachan presented to the Mayor and the Kent City Council our information on the SCORE plan and what it would cost the City of Kent to build a new facility. It was determined we would not enter into an agreement to partner with SCORE. Staff has stayed in touch with the SCORE representatives to monitor progress, and SCORE is planning to break ground in summer of 2009. At the same time, the City of Kent is communicating with residents in the area of unincorporated King County known as Panther Lake, which has about 24,000 residents. All of the groups impacting the jail population were invited to the table to discuss various ideas and options for reducing jail population while maintaining strong public safety by 2010. Included in the meetings were corrections, police, law, public defender, human services, court, probation, union groups and Chief Administrative Officer John Hodgson. The goal was to provide viable and innovative ideas to reduce the jail hard side population given the potential for keeping our existing facility and for an annexation in 2010. The various law enforcement entities within the city that affect the jail population have been extremely helpful in putting this report together and listing some of the issues that need to be explored further through group discussion, statistical analysis and research are listed in this report. Appendix B 3 Appendix C- Human Services and MIDD Funds A key element to reducing jail impacts is dealing effectively with mentally ill and drug dependent populations, which have a high incarceration rate and are difficult inmates. The City of Kent Housing and Human Services Department has attended all of the Jail Committee meetings and began attending the King County Mental Illness and Drug Dependency (MIDD) Crisis Diversion work groups starting in August. Housing and Human Services has provided each division with emergency homeless resource cards, resource and referral business cards listing contacts, our Kent Human Services brochures, and information on 2-1-1 (Crisis Line). Records also has access to Safeway, Fred Meyer, and Visa gift cards as tools for the homeless after hours. The Captains of each division will be contacted periodically for updated information and materials. During the first quarter of 2009 Sound Mental Health will provide training for Corrections and Patrol staff on their many programs in Kent and detailing how to access them. We will continue to participate in the Regional Crisis Diversion Center work groups. Project Start Program- Project START is a transition program for inmates who need outpatient treatment, housing, transportation, and other programs. There is room for 80 participants in this program; 35 spots are for specialty courts for Mental Health inmates. The program has been funded through the Regional Safety Networks (RSN) since 2005. This funding is unlikely to be renewed during the next biennial state budget, and services will likely be transitioned to the Mental Illness Drug Dependency (MIDD) project. The MIDD funds come for a .01 sales tax in King County that started in April 2008. While the projected tax revenue is down in 2008, the MIDD project manager indicated they expect for the year 2008 it will be 5% less than planned. The original amount was projected to be $50,000,000. The City of Kent and most other municipal jails participate in the Project START Program; the high users in the program are Auburn Jail, Maleng Regional Justice Center, and the City of Kent. Sound Mental Health has the contract at the jails to provide mental health screen of inmates to determine if they qualify for assistance. The inmate must have a co-occurring disorder, which means drug or alcohol problems along with the mental disorder. If an individual has only a mental health disorder they cannot traditionally receive services upon release from jail. Studies indicate that 90% of those in jails have a co-occurring disorder. The new MIDD funding will potentially fill the gap for those who currently do not have drug or alcohol related issues. The City of Kent Jail also received in 2007 and 2008 up to $10,000 in reimbursements for medications for mental health inmates who were supplied with medications for two weeks upon release from jail. The jails also received funding in 2006 for a DSHS caseworker who comes and signs up inmates who are within two weeks of release for their terminated benefits. DSHS benefits are terminated when an individual goes to jail. This provides inmates the opportunity to get services reactivated upon release. Appendix C 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 2.34 and 9.34 of the Kent City Code regarding inmate confinement and Kent Corrections Facility programs. RECITALS A. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - Ch. 2.34 KCC. Chapter 2.34 of the Kent City Code, entitled "Municipal Court," is amended to add a new section, as set forth below, that establishes a description of confinement: Sec. 2.34.145. Confinement in general. Any person sentenced by the municipal court to a period of confinement at the Kent Corrections Facility and who serves such confinement at the Kent Corrections Facility may, pursuant to Kent Corrections Facility policies, be eligible for 1 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs I_ I corrections facility programs or incarceration alternatives as set forth in chapter 9.34 KCC; provided, the municipal court may, in its discretion, or upon the motion of any party, and for good cause shown, prohibit the inmate from participating in one or more programs or incarceration alternatives. f SECTION 2. - Repealer - Existina Ch. 9.34 KCC. Chapter 9.34 of i the Kent City Code, entitled "Corrections Facility," is repealed in its entirety. i SECTION 3. - Adoption - New Ch. 9.34 KCC. A new chapter 9.34 of the Kent City Code, entitled "Corrections Facility," is hereby adopted as { follows: CHAPTER 9.34 CORRECTIONS FACILITY Sec. 9.34.010. Definitions. The following words, terms, and phrases shall have the following meanings: A. "Confinement" shall mean confinement within the corrections facility, or participation in a corrections facility program. 1 . B. "Corrections facility" shall mean the City of Kent corrections facility. i C. "Program" shall mean electronic home detention or monitoring, work crew, work release, work time credit, day reporting, or other corrections facility programs as authorized by City ordinance or corrections facility policy. i D. "Corrections staff" shall mean employees of the corrections facility. 2 Amendments to Ch. 2.34 KCC and I Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs I E. "Day of work" shall mean a work day pursuant to a work crew or work time credit program, as such term is defined by corrections facility policy, but in no case shall be less than six (6) hours of work, and shall be measured from the time the person is required to arrive at the corrections facility and shall end when such person is permitted to leave. F. The terms "jail," "imprisonment" or "commitment" as those terms are used in a sentencing order of the court, shall mean confinement. G. "Inmate" shall mean any defendant sentenced by the Kent Municipal Court to serve a period of confinement in the corrections facility. H. "Qualifying inmate" shall mean an inmate who meets the conditions of participation in a corrections facility program as such conditions are set forth in the corrections facility policies and procedures applicable to such program. Sec. 9.34.020. Programs - Policies and procedures. The corrections facility shall establish policies and procedures for implementation of various programs. The policies and procedures shall, at a minimum, make provisions for: A. The qualifying or disqualifying factors for inmates eligible for program participation. B. The manner in which inmates will be selected or ordered to participate in the program. C. The safety of the public, inmates, and corrections staff. D. The security of the inmates during program participation. E. Inmate behavioral requirements while participating in the program. 3 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs i 4_ F. The implications and punishment to an inmate for not participating in a program after being ordered to do so. G. The consequences, including but not limited to, the loss of good I, time credit for an inmate who does not comply. with the behavioral requirements and rules of the program. I H. The manner in which an inmate can appeal an order by the i corrections facility regarding participation in a program.' I. Tools, personal protective equipment, and supplies to'be-utilized by program participants. I , J. The cost, if any, for inmates to participate in program. K. Access to sanitary facilities while performing work on the work crew program. L. Transportation to and from the work site for the work time credit and work crew programs. Sec. 9.34.030. Corrections facility programs as privilege — No right to participate — Participation may be required. A. Participation in programs shall be considered a privilege, and the ` inmate shall have no right to participate in such programs. There shall by 1 no guarantee to any inmate that he or she will be permitted to participate in any program even after a date for participation is established. In the event an inmate is accepted in, or ordered to participate in, a program, and thereafter, the program is not available, the inmate may be permitted to participate in another program for which he or she is eligible, subject to availability and at the sole discretion of corrections staff. 4 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs i B. Participation shall be conditioned upon the inmate meeting the qualifications of such program, and complying with applicable policies and participation procedures for such program. I C. The corrections facility may, at its discretion, require an inmate to participate in a corrections facility program against his or her will. I Sec. 9.34.040. Costs of programs. The City may, pursuant to resolution or through a budget ordinance, set various fees which may be required as a condition of participating in a program; provided, the r corrections facility may waive any required fees in order to manage the correction facility's population, or in order to make such programs available to the indigent. Sec. 9.34.050. Good time credit — Work day to jail day ratio. A. Except as provided in subsection B of this section, an inmate may receive good time credit for good behavior in an amount not to exceed one third of the imprisonment, 'jail time, or commitment ordered by the court; provided, such good time credit may be taken away from the inmate pursuant to corrections facility policies and procedures. �I B. Any, inmate who 'performs'work on a corrections facility work crew, or pursuant to a work time credit program, shall receive credit for three r � i lll (3) days of imprisonment, jail, or commitment ordered by the court for every one (1) day of work performed; provided, that such inmate shall not also receive good time credit on the days of work performed. Partial credit for periods of less than one day may be given where the inability to complete the full day of work is not the fault of the inmate, and the inmate has otherwise complied with the program policies. , I 5 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs Sec. 9.34.060. Electronic home detention. A qualifying inmate sentenced to a period of confinement at the corrections facility may serve all or a portion of his or her ordered confinement in a private residence or another qualifying residence, subject to an acceptable system of electronic surveillance as set forth in the policies of the corrections facility. Sec. 9.34.070. Work release. A inmate sentenced to qualifying a period of confinement at the corrections facility may serve all or a portion of his or her ordered confinement on a work release program. Inmates participating in the work release program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period unsupervised and away from the corrections facility while performing work for the inmate's employer or an agency or party for which such the inmate is performing community service. The inmate shall spend the nonworking hours at the corrections facility. Sec. 9.34.080. Work time credit. A qualifying inmate sentenced to a period of confinement at the corrections facility may serve all or a portion of his or her ordered confinement on a work time credit program. Inmates participating in the work time credit program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period r away from the corrections facility and under limited supervision while y performing work on a voluntary basis for the City or a qualifying community service agency. The inmate shall spend the nonworking hours at the corrections facility. Inmates performing community service pursuant to the work time credit program shall receive community service credit towards the payment of their financial obligations to the court. Sec. 9.34.090. Day reporting. A qualifying inmate sentenced to a period of confinement at the corrections facility may serve all or a portion of his or her ordered confinement on a day reporting program. 6 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs Inmates participating in the day reporting program shall, pursuant to applicable policies or procedures, spend the day under supervision at the Kent Corrections Facility, or at some other location as set forth in tcorrections facility policy, and spend the remainder of the 24-hour period unsupervised at an approved private residence, subject to conditions as set forth in the corrections facility's policies and procedures. Sec. 9.34.100. Work crew in general— Types of work performed - Limitations. A. In General. There is hereby established a work crew program at the corrections facility. A qualifying inmate sentenced to a period of confinement at the corrections facility may serve all or a portion of his or her ordered confinement on a work crew program. Inmates participating in the work crew program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period performing work under the supervision of the corrections facility at on-site or off-site locations. The inmate shall spend the nonworking hours at the corrections facility or at another location as permitted by corrections facility policy. B. Types of work. A work crew program may be utilized to perform the following types of work: 1. Garbage, litter, debris, and junk removal from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 2. Removal and maintenance of invasive and undesirable vegetation and leaves from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 7 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs 3. Removal of snow, sand, dirt, and debris from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails and public facilities. 4. Graffiti removal and repair on state, federal, and municipal property. 5. General maintenance and repair of municipal, state, and federal property. C. Performance of work for other public agencies. The work crew may P 9 Y perform work at the request of other public agencies. The corrections facility may, at its discretion, require the public agency to pay a fee for the utilization of the work crew. - I D. Performance of work for private parties or non-profit agencies. The work crew may perform work that more than incidentally benefits private parties or non-profit agencies on the condition that the private party or non-profit agency reimburse the City of Kent for the costs of providing the work crew and the private party or non-profit agency assumes all risk and liability exposure of having the work crew perform the work; provided, that at the discretion of corrections staff, reimbursement may not be required when the work performed primarily benefits the poor and infirm. E. Performance of bargaining unit work. The City of Kent will not utilize a work crew to perform work that is within the body of work of a recognized City of Kent union, without the prior agreement of City of Kent union that owns the body of work. Sec. 9.34.110. Costs of incarceration. Pursuant to RCW 10.01.160, as now enacted or hereafter amended or recodified, the municipal court may, in its discretion, require a defendant convicted of a misdemeanor or gross misdemeanor to pay the costs of incarceration. 8 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs The per day actual cost of incarceration in the corrections facility is $ In addition, the actual cost of booking a defendant convicted or a misdemeanor or gross misdemeanor into the corrections facility is $40.00 per booking. Sec. 9.34.120. Inmate responsible for portion of medical care costs. A. Payment responsibility. Each inmate confined in the corrections facility shall be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confinement in the corrections facility. B. Medical care costs. Each inmate confined in the corrections facility shall be financially responsible for payment of fifteen dollars ($15.00) each time he or she is provided medical care; provided, that a portion of this fee may be waived in the event medical staff determines the inmate has a chronic condition that requires treatment at regular and frequent intervals, or an inmate was provided medical care more than one time during any one day for the same condition. In addition, each inmate shall pay ten dollars ($10) for each course of prescription medication that is prescribed to the inmate. In the event an inmate requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the City for such transport. C. Notification. An inmate shall be notified that in the event he or she is provided medical care while confined in the corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. The inmate shall also be notified that by receiving medical care, he or she agrees that the costs set forth in this section may be collected by the 9 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs court, and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seizing the inmate's currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means. D. Proof of care. In the event the City chooses to utilize the Kent Municipal Court to collect medical care costs, the City shall submit to the court a document that identifies the inmate's name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the City. E. Forfeiture of inmate property. At the discretion of the corrections facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the possession of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care. i F. Appeal. An inmate may appeal the assessment of medical care costs; provided, that the quality of medical care, the manner in which the medical provider administers medical care, and the timing of medical care shall not be subject to appeal. In the event the inmate wishes to appeal the assessment of medical care costs, he or she must provide written notice to the corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment of costs. In the event the court has been utilized to recover such costs, the inmate's written notice shall be delivered to the court, and the court shall set a hearing to permit the inmate to contest the assessed medical 10 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its administrative appeal process, set an administrative appeal. At any appeal hearing, the inmate shall bear the burden of proving, by a preponderance of the evidence, that he or she is not responsible for the costs. G. No denial of medical care. Under no condition shall medical care be denied or delayed due to an inmate's inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the City from taking steps to collect medical care costs after care is provided. SECTION 4. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 11 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs TOM BRUBAKER, CITY ATTORNEY 12 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Files\OpenFiles\1092\Sentencing0rdinanceDraft.April609.doc 13 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs • Q U 0 T E 0 F N 0 T E : 'it is horrifying that we have to fight our own government to save � 9Z MLI COLUMN � WhyKent is keepingitsjail You may have seen the recent news coverage �_,• about a new South King County-wide jail that will be constructed in Des Moines by a group ,,,z7 777-k'I lill,ii called"SCORE",which stands for South Cor- rectional Entity. SCORE is a group of seven cities that are work- ing together to solve our collective jail crisis.The cities are Auburn,Bur-'^ ien,Des Moines,Federal Way,Renton,SeaTac,and ` ul Tukwila.SCORE's new jail facility will have over 600 estion beds with a cost projected to be a little over$80 million. ,the=week. So why isn't Kent included in that list,why is a new jail needed anyway,and what are we pre-trial defendants.Kent built its municipal jail Third,we can build a America's auto doing instead? This week I thought I'd provide in the mid-1980's,and it is currently the largest as work crews,into o stry deserve a a little background and explanation to those municipal jail in the state.It is located on Cen- incarceration being tl ` 7" tral Avenue South next to the Kent Municipal The other cities in �ariOUt. questions. p First of all,for someone outside the criminal Court.It employs 28 correctional officers who different needs.Their ate online: justice system,it can be a little confusing how oversee between 80-120 inmates. small,or they don't h it's determined which jails or prisons inmates go Our department was originally part of the continue to pay King to. Here's a short explanation:Anyone sen- study conducted by SCORE for a new regional the County has indic. kentreporter.com tenced to prison terms lasting over a year goes jail.But after taking a look at the costs,the level accommodate them i R " to state prisons,like the ones located in Monroe of control,and what was best for our city,we With our own jail, stweeks$p0�� and Walla Walla.Anyone sentenced to shorter chose to continue utilizing our existing jail facil- our quality staff,and terms lasting a few weeks to a year generally ity for the long term. determine programs UIts:-�,.�" g Y g Y it PresidentObamas goes to the King County Jail.King County has While it seems one building,one staff,and all department's mission ulusrka efixthe two jails-one in downtown Seattle and the Ma- the overhead that goes with a facility like that crime,protect rights, r g leng Regional Justice Center in Kent on Fourth could best be done by working together,there able to utilize our cur Avenue. are a few specific reasons we have chosen to way we use it will allc In most places in the country,those sentenced preliminarily stay on our own. those goals while still 359ti3eNO:644/o for terms of a day or two up to a few months for Keeping our own facility allows us to leverage respecting the taxpay misdemeanor crimes(domestic abuse,drunk three strengths.The bonding cost of participat- I hope this helps to s- a-i� it[ driving,minor assault,theft)go to the county ing in a regional jail would be at$15-20 million. fusing topic.While rr 1` jail as well. Our present facility,although it will likely need a lot about it,it matte However,King County officials elected some minor renovations and upgrades,is a sus- money and affects ou several years ago to refuse these inmates un- tainable building.Second,the staff at the Kent less the cities paid the county daily fees to take Jail is among the most professional and well- Steve Strachan is Ke <� them.As a result,several cities built their own trained of any jail in the area.Having them be him at sstrachan@ci - directly accountable to our city is a giant benefit. 856-5800. jails to house misdemeanor inmates,as well as Y tl' • a . 0 L E T T E R S . . . Y 0 U R 0 P I N 10 N C O U N T S : To submit an item or photo: email letters@kentreporter.coi Reporter,19426 68th Ave.South,Kent WA 98032;fax 253.437.6016.Letters may be edited for style,clarity and length. I. lepherd@kentreporter.com ollyShepherdPublisher planning to picket Reporter video made Newspaper demisefigure,it r 253 872.6600 ext 1050 Lingerie league relative proud predicted well as i. lLaura Pierce Editor In Saturday's paper,you said Nothing is quite so exciting as It was 1947 and I met an elderly yourself plerce@kentreporter.com The Reporter had only heard from looking into m laptop and seeing Mongolian in Japan who was 114 addresst 253 872 6600 ext 5050 p y g y p p g g J p have alsf Advertising 253 872 6731 a"handful"of Kent residents a beloved member of my family!!!!! years old and a direct descendent of and mill lied Marketplace 800.388 2527 objecting to the subject event at the Your fish art article was a joy to the great Genghis Khan. today,sc tersletters@kentreportercom ShoWare Center. read. He used to tell me predictions of to colun However,any THINKING I am in San Antonio,Texas and which a vast amount proved true, This i ,,,..,,l.i r A T,Tn MnN..n A D—^D.,,Y,:,.,,.,;n........n...7......1,...., —A^-- ,,.,.,,^AA„,-.,.i:..f;_, 4/16/2009 City of,Kent Jail Report April 2009 -History -SCORE Committee'Goals -Recommendations Next Steps -Options -Questions ','History ® Current Facility on Central Avenue ® Built 1986- misdemeanors only Capacity: up to 120; 80-100"management capacity" Programs in annex building: 30-35, r Seismic issues a Kitchen/booking/high supervision are undersized SCORE • Groundbreaking soon- Des Moines ®Approx. $80 million • Approx. 600 capacity • King County's (non) involvement ® Programs availability Risk management and control issues 1 4/16/2009� a Committee Goals I , m Can we leverage our current facility and staff? M Is the current building and system sustainable with or without annexation? i ■ Take an"out of the box",approach ® Make recommendations l Committee Members Capt,Lorna Rufener,KPD Chief Steve Strachan,KPD' Officer Brendan Wales(KPOA) Garen Lee(Teamsters) Debra Leroy,KPD(AFSCME) '�' • Tam[Perdue,Law Dept • Pat Fitzpatrick,Law Dept ® Judge Glenn Phillips,Kent Municipal Court Margaret Yetter,Kent Municipal Court 3 n Janene Johnstone,Probation ' ^� Sgt.Diane Mcquiston,CKCF P� Sgt U(rginia Griesbach,CKCF(AFSCME) j . Lt.Curt Lutz,CKCF t John Hodgson,CAD 1 f Significant Assumptions } . We have'a great=staff at CKCF; easy to underestimate importance of staff ■ Bigger does not mean better—why? . Due diligence is required to show why a larger "economy of scale' is not the best solution for taxpayers . Most important: what is best for our dept, mission: aggressively fight crime, impartially protect rights,solve problems . What does that mean? Have space for the "high impact offender" I �1 21 4/16/2009 Committee Recommendation #1 #1-A Simple success-oriented work crew system as a supervisedatternativa to provide a significant additional op#ion to help manage the jail population' -Supervision is key -Sends a strong message -Greater consequence for some persons ='Success-oriented" -Work With labor groups -Tasks focused on the community -3/1 ratio of sentence to work days -Ordinance drafted —Committee Recommendation#2 #2-'Create a specific mechanism to take daily, responsibility for population management -Goal is to keep population near management capacity -Must have communication and influence with corrections,: law dept,probation,and Court -Re-entry role -Constant monitoring and ability,to"move the levers"with all stakeholders Job;description developed Committee Recommendation #3 #3- Renovate and update booking, locker room and medical areas, along with seismic updates -Initial design work by Rasmussen and Associates in 2006-07 Update with court changes K Jr 4/16/2009 i Next Steps , • Ordinance Review and Approval • Renovation design and funding • Work crew and population manager funding possible through Byrne allocation and/or competitive grants • Monitor and adjust Options Do Nothing Seismic and space Issues continue Continued population problems with possible added annexation space needs Adopt Committee Recommendations Requires monitoring and adjustments Wait for,process changes before committing to renovation funding If changes work,the facility is sustainable long-term . Look at SCORE Involvement PP Higher cost and bonding No program alternatives unless we fund that as an addition Less direct control over policies and risk management I Jail Report April 2009 QUESTIONS/ COMMENTS @ f i; 4�1 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 1 1 1 PUBLIC COMMUNICATIONS rA) PUBLIC RECOGNITION 1 rB) COMMUNITY EVENTS r C) RECORDS AND INFORMATION MANAGEMENT MONTH PROCLAMATION 1 rD) ALLIED WASTE AWARD PRESENTATION r E) PUBLIC SAFETY REPORT r F) LEGISLATIVE REPORT r r r r Kent City Council Meeting Date April 21, 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: D Councilmember R04(kQ-1 moves, Councilmember '� seconds to approve Consent Calendar Items A through S. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 7, 2009. 6B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 7, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/09 Wire Transfers 3638-3656 $1,955,925.37 3/15/09 Regular Checks 630230-630618 2,620,214.29 Use Tax Payable 2,549.78 $4,578,689.44 Approval of checks issued for payroll for on March 20 and paid on March 15, 2009: Date Check Numbers Amount 3/20/09 Checks 310619-310862 $ 176,950.92 3/20/09 Advices 245758-246532 1,563,984.94 $1,740,935.86 Approval of checks issued for payroll for on March 31 and paid on April 3, 2009: Date Check Numbers Amount 4/3/09 Checks 310863-311172 $ 175,999.50 4/3/09 Advices 246533-247306 1,549,491.25 $1,725,490.75 Kent City Council Meeting KENT W A S H I N G T O N April 7, 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) Clark added Other Business Item B, Washington State Umpires Association contract. Hodgson removed Consent Calendar Item E from the agenda. B. From the Public. (CFN-198) Matt Dekerrie of Allied Waste announced that they are having their annual clean-up between April 13-17 at no cost to citizens, as well as a contest to win a free year of service. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) No there were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced the upcoming George Winston concert. Council President Raplee announced a Town Hall Meeting to be held from 5:30 to 7:30 p.m. on April 23, 2009, at the Fire Department Headquarters. C. Earthday Proclamation. (CFN-155) Mayor Cooke presented the proclamation to Victoria Andrews of the Parks Department, who explained upcoming activities at Lake Fenwick Park on April 18. D. Arbor Day Proclamation. (CFN-155) Mayor Cooke presented the proclamation to Victoria Andrews of the Parks Department, who explained upcoming activities at West Fenwick Park on April 25. E. Records and Information Management Month Proclamation. (CFN-155) This item was removed from the agenda. F. Employee of the Month. (CFN-147) Community Development Director Satterstrom announced that Permit Technician Jan Bearson has been selected as Employee of the Month, and her supervisor, Kimberly McArthur, described the many reasons Ms. Bearson deserves this award. The Employee of the Month plaque was then presented by Mayor Cooke. G. Economic Development Update. (CFN-825) Economic Development Director Wolters noted recession news involving layoffs at Boeing, the continuing strain on the financial system, and the closure of Zepher Grill. He added that good things are also going on, including a possible call center employing 60-200 employees and a proposal to create an incentive to bring quality residential and mixed use development to the downtown area. He noted that 150,000 visitors have visited the ShoWare Center since opening in January, and that the building may receive gold certification. 1 Kent CityCouncil Minutes Aril 7 2009 p H. Legislative Report. (CFN-198) Michelle Witham noted that there has been much talk in the Legislature about tax increases and bond measures, and explained the status of issues important to Kent including funding for levees, funding for infrastructure, the prostitution impound bill, the Safe Havens visitation center, streamlined sales tax, and annexation funding. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through J. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of March 17, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 17, 2009, was approved. Approval of checks issued for vouchers: t Date Check Numbers Amount 2/28/09 Wire Transfers 3620-3637 $1,709,717.14 1 2/28/09 Regular Checks 629744-630229 3,518,199.02 Use Tax Payable 714.85 $5,228,631.01 Checks issued for payroll for February 28 and paid on March 5, 2009, were approved: Date Check Numbers Amount 3/5/09 Checks 310377-310618 $ 167,945.60 3/5/09 Advices 244986-245757 1,557,615.53 $1,725,561.13 C. Advance Refunding of the 1999 LTGO Bond Issue Ordinance (CFN-104) Ordinance No. 3912 authorizing the refunding of the 1999 Limited Tax General Obligation bonds was adopted. This Ordinance authorizes the City to issue additional debt to defease the outstanding 1999 LTGO bonds to take advantage of the reduced interest rate and the call date on the existing debt. D. Highline School District Rental Agreement for Camp Waskowitz. (CFN-118) The Mayor was authorized to sign the rental agreement with Highline School District for the 2009 Summer Residential Camp at Camp Waskowitz. E. Amendment to Conservation Futures Interlocal Cooperation Grant i Agreement with King County for Open Space Acguisition Projects. (CFN-118) The Mayor was authorized to sign the amendment to the Conservation Futures Interlocal Cooperative Grant Agreement with King County for open space acquisition projects and to amend the Land Acquisition budget accordingly. 2 I , Kent City Council Minutes April 7, 2009 F. Residential Traffic Calming Program Resolution. (CFN-171) Resolution No. 1804, repealing Resolution No. 1546 and adopting a new Residential Traffic Calming Program was adopted, and the Public Works Director was authorized to establish and implement specific traffic calming measures to better respond to residential area traffic problems. G. Upper Meridian Valley Creek Culvert Replacement at SE 2341" Street — Release of Infrastructure Improvements and Bill of Sale to Soos Creek Water and Sewer District. (CFN-484) The release of infrastructure improvements was accepted and the Mayor was authorized to sign the Bill of Sale to Soos Creek Water and Sewer District for the Upper Meridian Valley Creek Culvert Replacement at SE 234th for 2 gate valves, 42 linear feet (LF) of service connection, 23 LF of steel casing pipe, 109 LF of 8" diameter water main, 2 manholes, 36 LF of steel casing pipe, and 106 LF of 8" diameter sanitary sewer line. H. Lake Meridian Outlet — Release of Infrastructure Improvements and Bill of Sale to Soos Creek Water and Sewer District. (CFN-484) The release of infrastructure improvements was accepted and the Mayor was authorized to sign the Bill of Sale to Soos Creek Water and Sewer District for the Lake Meridian Outlet for 45 Lineal feet (LF) of steel casing pipe and 48 LF of 8" diameter sanitary sewer line. I. Lake Meridian Outlet — Release of Infrastructure Improvements and Bill of Sale to Kinci County Water District No. 111. (CFN-484) The release of infrastructure improvements was accepted and the Mayor was authorized to sign the Bill of Sale to King County Water District No. 111 for the Lake Meridian Outlet for 1 gate valve, 1- 4" blowoff assembly, 22 linear feet (LF) of steel casing pipe, and 63 LF of 8" diameter water main. 3. Earthworks Park Dam Improvements. (CFN-119) The Earthworks Park Dam Improvements Project was accepted as complete and release of retainage to Pivetta Brothers Construction upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $834,409.88. The final contract amount was $807,526.45. OTHER BUSINESS A. Federal Way School District Collaboration. (CFN-118) Parks and Community Services Director Jeff Watling explained that the Federal Way School District and the City of Kent own adjoining parcels of real property on the West Hill of Kent, and that the proposed resolution expresses the City's intent to continue collaboration with the Federal Way School District on the City's development of West Hill Park, and the School District's rebuilding and refurbishing efforts at Sunnycrest Elementary. He noted that as development plans begin to emerge, the City and the School District will work toward a formal agreement for Council consideration which more clearly defines each agency's role, commitment, and responsibilities. Ranniger moved to adopt Resolution No. 1805 declaring the City's intent to collaborate with the Federal Way School District regarding the refurbishing of Sunnycrest Elementary and the development of West Hill Park. Harmon seconded. 3 f Kent City Council Minutes April 7, 2009 Upon a question from Councilmember Albertson Watling noted that a potential p q 9 reservoir is being included in the discussions. The motion then carried. ADDED ITEM B. Washinciton State Slo-Pitch Umpires Association Agreement. (CFN-118) Parks and Community Services Director Watling explained that participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play, and that 82 of 114 teams have chosen Washington State Slo-Pitch Umpires Association to service their games. He said this will most likely result in the 2009 contract exceeding $25,000, and noted that participant fees cover all costs of the program. He pointed out that there is a time constraint since the season is about to start, and asked that the Mayor be f authorized to sign the agreement for 2009. Clark moved to authorize the Mayor to sign the Washington State Slo-Pitch Umpires Association Agreement for the 2009 season. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) Raplee announced that Council will be holding three workshops on April 14, May 12, and June 9 from 6:00 to 8:00 p.m. to discuss budget priorities. She added that the Council will also be holding a Town Hall Meeting at the Fire Department Headquarters on April 23 from 5:30 to 7:30 to discuss topics of interest to residents. B. Mayor. (CFN-198) Mayor Cooke updated activities in her Office regarding 9 streamlined sales tax, annexation funds, and flood control. She announced that she has been appointed to serve on the committee to select an Interim County Executive. ` C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be on April 13 at 5:00 p.m., and that she will be attending the SKCATBd meeting on April 21. } F. Public Safety Committee. (CFN-198) Harmon noted that the committee will meet on April 14 at 5:00 p.m. G. Public Works Committee. (CFN-198) Upon Ranniger's request, Allied Waste 4 representative Matt Dekerrie explained their contest and free pick-up service in more detail. H. Administration. (CFN-198) Hodgson reminded Councilmembers of an executive session of approximately thirty minutes to discuss two items of pending litigation, one item of property acquisition, and one item regarding a lease of city property. He noted that there will be action on one item when the meeting reconvenes. I 4 Kent City Council Minutes April 7, 2009 EXECUTIVE SESSION The meeting recessed to executive session at 7:50 p.m. ACTION AFTER THE EXECUTIVE SESSION Property Acquisition. (CFN-239/118) The City Attorney described the property and its use. Ranniger moved to authorize the Mayor to sign a Purchase and Sale Agreement with GMAC ResCap for property located at 26025 S.E. Kent-Kangley Road, Ravensdale, Washington, located next to Clark Springs, within the established Rock Creek mitigation fund budgets. Raplee seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:55 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6C 1. SUBJECT: 2009 PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Premera Blue Cross 2009 administrative contract, subject to final terms and conditions acceptable to the City Attorney. The City is self-insured for this program. The 2009 contract reflects no increase in administrative fees by Premera Blue Cross and is budgeted in the Health & Welfare fund. The Request for Proposal (RFP) conducted last year for the City's health care provider, Premera Blue Cross agreed to City rate guarantees for each of the two consecutive years of 5.75% for 2010 and 3.75% for 2011. The annual cost for 2009 is approximately $658,821. The projected budget for the self- insured Premera Blue Cross program including claims for 2009 is $9,276,610. 3. EXHIBITS: Premera Blue Cross 2009 Administrative Services 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: i ADMINISTRATIVE SERVICE CONTRACT BETWEEN PREMERA BLUE CROSS AND CITY OF KENT EFFECTIVE JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 (The "Contract Period") l This Contract is effective by and between the group named above (hereinafter referred to as the"Plan Sponsor"), and Premera Blue Cross (hereinafter referred to as the "Claims Administrator"or"we,""us," or"our"). WHEREAS, the Plan Sponsor has established an employee benefit plan (hereinafter referred to as the "Plan") which provides for payment of certain welfare benefits to and for certain eligible individuals as defined in writing by the Plan Sponsor, such individuals being hereinafter referred to as "Members"; and, WHEREAS,the Plan Sponsor has chosen to self-insure the benefit program(s) provided under the Plan; and WHEREAS, the Plan Sponsor desires to engage the services of the Claims Administrator to provide administrative services for the Plan; NOW THEREFORE, in consideration of the mutual covenants and conditions as contained herein the parties hereto agree to the provisions in this Contract, including any Attachments and endorsements thereto. The parties below have signed as duly authorized officers and have hereby executed this Contract. If this Contract is not signed and returned to the Claims Administrator within sixty (60)days of its delivery to the Plan Sponsor or its agent, the Claims Administrator will assume the Plan Sponsor's concurrence and the Plan Sponsor will be bound by its terms. IN WITNESS WHEREOF the parties hereto sign their names as duly authorized officers and have executed this Contract. i CITY OF KENT BY: DATE: Title ADDRESS: PREMERA BLUE CROSS BY: DATE: January 14, 2009 H.R. Brereton Barlow President and Chief Executive Officer P.O. Box 327 Seattle, WA 98111-0327 City of Kent 1 January 1,2009 1018212 1 TABLE OF CONTENTS 1. DEFINITIONS..........................................................................................................................4 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR.............................................4 2.1. Documentation................................................................................................................................4 2.2 Plan Sponsor's Fiduciary Authority. . ................................................................................ ............4 2.3. Defense of the Plan....... . .. ............................................................................................................4 2.4. Administrative Duties.............................................. . .....................................................................4 2.5. Taxes, Assessments, and Fees .....................................................................................................5 26. Compliance With Law.....................................................................................................................5 2.7. Appeals.................... ......... ...................................................................................... ....... . . .........5 2.8. Funding...........................................................................................................................................5 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR.............................6 3.1. Administrative Duties........................ .............................................................................................6 3.2. Appeals...........................................................................................................................................6 3.3 Claims Processing ....................................................................... ..................................................6 3.4. Funding Support.................. ................................... ................................................. ........ ............7 3.5 Annual Accounting................................. ... ..................................... ..............................................7 i 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY.......................................7 4.1. Recoveries........ .................................................. . ........................................................................7 4.2. Independent Contractor ....................................................................................................... .........7 4.3. Limits of Liability.................................................................................................................. ...........7 5. FEES OF THE CLAIMS ADMINISTRATOR............................................................................8 5.1. Payment Time Limits....... ................................................................................................... . .........8 5.2. Late Payments.............................................. ................................................................................ 8 5.3. Customization Fees............................. ............ . ...........................................................................8 6. AUDIT......................................................................................................................................8 i 7. SUBROGATION......................................................................................................................9 8. TERM OF CONTRACT............................................................................................................9 8.1. Contract Period...............................................................................................................................9 8.2. Changes to Fees.............................................................................................................................9 9. TERMINATION........................................................................................................................9 9 1. Termination With Notice .... ............................................................................................................9 9.2. Contract Period Expiration............................................................................................................10 9.3. Termination Due to Insolvency.....................................................................................................10 City of Kent 2 January 1,2009 1018212 9.4. Termination Due to Inability to Perform ................... .......... . .............................................. ... ....10 9.5. Termination For Nonpayment.... ..................................................................................................10 9 6. Plan Sponsor Liability Upon Termination......................................... . ..........................................10 9 7. Final Accounting. . .......................................... . ............ ...... .......................................................10 9.8. Claims Runout................................... ...........................................................................................10 10. DISCLOSURE .....................................................................................................................11 11. OTHER PROVISIONS.........................................................................................................11 11.1. Choice of Law.............................................................................................................................11 11.2. Proprietary Information ........................................................................................................ ......11 11.3. Parties To The Contract.........,..................... ... ... .......................................................................11 11.4. Notice........................... ..................................... ........................................................................12 11.5. Integration...................................................................................................................................12 11.6. Assignment.......................................................................................................................... . ....12 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT..............................12 ATTACHMENT A — BLUECARD® PROGRAM.........................................................................13 Liability Calculation Method Per Claim ......................... .. ....... ......................................... ..................13 BlueCardWorldwide®... ........................................ . ............................................................................14 BlueCard Fees and Compensation - Overview....................................................................................14 Access Fees._._......... ......... _14 HowAccess Fees Affect The Plan............ ............................................................................. ........ ....14 ATTACHMENT B —CENSUS INFORMATION..........................................................................15 ATTACHMENT C — REPORTING..............................................................................................16 ATTACHMENT D — FEES OF THE CLAIMS ADMINISTRATOR..............................................17 AdministrationFees: .............................................................................................................................17 Brokerage Fees and Commissions (included in Administration Fee):..................................................17 Additional Fees: ................... .............................. ..................................Errorl Bookmark not defined. Claims Runout Processing Fee: ..................... ............... .....................................................................17 CareFacilitation: ......................... ................. ......... .............................................................................. ..17 Extended Post-Payment Recovery Services:................ . ....................................................................18 ATTACHMENT E — BUSINESS ASSOCIATE AGREEMENT ...................................................19 ATTACHMENT F— CARE FACILITATION................................................................................20 ATTACHMENT G — EXTENDED POST-PAYMENT RECOVERY SERVICES..........................21 ATTACHMENT H — DISEASE MANAGEMENT.........................................................................23 Appendix1 Program Selection .............................................................................................................24 City of Kent 3 January 1,2009 1018212 r 1. DEFINITIONS Adverse Benefit Determination Any of the following: a denial, reduction, or termination of, or a failure to provide or make payment(in whole or in part)for, a benefit, including payment that is based on a determination of the eligibility of a Member to participate in the Plan. This includes any denials, reductions, or failures to provide or make payment resulting from the application of utilization review or limitations on experimental and investigational I, services, medical necessity, or appropriateness of care. Contract Period The period shown on the Face Page of this Contract. The Contract Period begins at 12:01 a.m. on the starting date shown on the Face Page and ends at midnight on the ending date shown on the Face Page. Effective Date The date this Contract takes effect(the first day of the Contract Period). The Effective Date is shown on the Face Page of this Contract. Member A Subscriber or dependent who is eligible for coverage as stated in the Plan and who is enrolled as required in the Plan. i Plan The employee benefit plan established and maintained by the Plan Sponsor that is being administered under this Contract. Subscriber A person who is eligible for coverage under the plan by virtue of an employee-employer relationship or other relationship between the person and the Plan Sponsor, and who is enrolled as required in the Plan. I 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR 2.1. Documentation j The Plan Sponsor shall provide the Claims Administrator with a copy of any documents describing the benefit program(s)that the Claims Administrator needs to rely upon in performing its responsibilities under this Contract. 2.2. Plan Sponsor's Fiduciary Authority The Plan Sponsor shall have final discretionary authority to determine the benefit provisions and to construe and interpret the terms of the Plan. The Plan Sponsor shall have final discretionary authority to determine eligibility for benefits and the amount to be paid by the Plan. 2.3. Defense of the Plan The Plan Sponsor shall be responsible for defending any legal action brought against the Plan, including a claim for benefits by or on behalf of any individual or entity, including but not limited to any Member or former Member, any fiduciary or other party. This responsibility includes the selection and payment of counsel. The Plan Sponsor shall not settle any legal action or claim without the prior consent of the Claims Administrator if the action or claim could result in the Claims Administrator being liable, including for example, any liability for contribution to or indemnification of the Plan Sponsor or other third party either directly or indirectly. 2.4. Administrative Duties Unless specifically delegated to the Claims Administrator by this Contract, the Plan Sponsor shall be responsible for the proper administration of the Plan including the following: a. The Plan Sponsor shall provide the Claims Administrator a complete and accurate list of all individuals eligible for benefits under the benefit program(s) and to update those lists monthly. The Claims Administrator shall be entitled to rely on the most recent list until it receives documentation of any change thereto. City of Kent 4 January 1,2009 1018212 I b. The Plan Sponsor shall distribute to all eligible Members all appropriate and necessary materials and documents, including but not limited to benefit program booklets, summary plan descriptions, material modifications, enrollment applications and notices required by law or that are necessary for the operation of the Plan. c. The Plan Sponsor shall provide the Claims Administrator with any additional information necessary to perform its functions under this Contract as may be requested by the Claims Administrator from time to time. d. If the Plan Sponsor writes or revises its benefit booklet, the Claims Administrator must review and approve in advance the draft of the benefit booklet that is printed and distributed to Members. The Plan Sponsor must also include BlueCard disclosure language approved by the Blue Cross Blue Shield Association in its booklet. 2.5. Taxes, Assessments, and Fees The Plan Sponsor shall be responsible for all taxes, assessments and fees levied by any local, state or federal authority in connection with the Claims Administrator's duties pursuant to this Contract. 2.6. Compliance With Law • The Plan Sponsor shall be responsible for the Plan's continuing compliance with all applicable federal, state and local laws and regulations, as currently amended. These include but are not limited to: • The Internal Revenue Code • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) • The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) • Law and regulations governing the treatment and benefits of members covered by Medicare. The Plan Sponsor, and not the Claims Administrator, is the "plan administrator" and the"plan sponsor"for purposes of all federal laws that apply to the Plan Sponsor and impose duties or obligations on such entities. The Plan Sponsor shall be responsible for determining whether it is subject to COBRA and, if so, for notifying Members of their COBRA rights both initially and upon the occurrence of a qualifying event, for calculating and collecting premiums for COBRA continuation of coverage and for promptly notifying the Claims Administrator when an individual is no longer eligible for COBRA continuation of coverage. If the Plan Sponsor is subject to ERISA, the Plan Sponsor is responsible to prepare and maintain its ERISA plan document. • If the Plan Sponsor elects to opt out of compliance with certain federal mandates as allowed by HIPAA, the Plan Sponsor is responsible to file its opt-out with federal regulators for each contract period and to notify Members of the opt-out in accordance with federal law and regulations then in effect. The Plan Sponsor agrees to hold the Claims Administrator and the Network harmless for any and all consequences arising from the Plan Sponsor's failure to file an opt-out as required by law for a given contract period, errors in the opt-out filing, or failure to notify a Member as required by federal law. 2.7. Appeals If an adverse decision is made in the Claims Administrator's second level of review, the Plan Sponsor shall offer the Member a review by an Independent Review Organization (IRO). The Plan Sponsor shall pay all costs of the IRO review. 2.8. Funding The Plan Sponsor shall be solely liable for all benefits payable to members under the Plan that are subject to this Contract. The Plan Sponsor agrees to the following: a. Provision Of Funds The Plan Sponsor shall maintain adequate funds from which the total cost of all claims for each preceding week will be paid to the Claims Administrator by wire transfer. Funds must be provided within forty-eight (48) hours of phone notification by the Claims Administrator to a person designated by the Plan Sponsor. City of Kent 5 January 1,2009 1018212 I b. Late Payments If timely payment for the claims is not received by the Claims Administrator, the Plan Sponsor shall pay the Claims Administrator a daily late charge. This late charge is calculated from the first day following the forty-eight(48) hour period stated above. This late charge is based on the average monthly prime rate posted by Bank of America/Nations Bank during the Contract Period, plus two (2) percent on the amount of the late payments for the number of days late. Late charges are due at the end of the Contract Period as part of the annual accounting or, if earlier, upon termination of the Contract. c. Notices Notices required by this subsection and subsection 3.4 shall be by fax, e-mail, or telephone, as agreed upon in writing by the Plan Sponsor and the Claims Administrator. 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR 3.1. Administrative Duties The Claims Administrator agrees to perform the following administrative services for the Plan Sponsor. The Claims Administrator shall: a. assist in the preparation and printing of the benefit program booklets, identification cards, and other materials necessary for the operation of the Plan; and distribute identification cards to Members. The I-- Claims Administrator shall be responsible to include approved BlueCard program disclosure language in the booklets it prepares. If the Plan Sponsor prepares its own booklets, the Claims Administrator shall provide approved language to the Plan Sponsor for inclusion in the booklets; b. perform reasonable internal audits as stated in section 6 of this Contract.; c. answer inquiries from the Plan Sponsor, Members, and service providers regarding the terms of the Plan, although final authority for construing the terms of the Plan's eligibility and benefit provisions is the Plan j Sponsor's; d. prepare and provide the Plan Sponsor with reports of the operations of the Plan in accordance with "Attachment C—Reporting"; f e. coordinate with any stop-loss insurance carrier; f. when "preferred provider" or"network provider" benefits are provided, maintain a network of hospital and professional providers; paid claims will reflect any applicable provider discounts; g. perform care facilitation services as identified in "Attachment F—Care Facilitation." h. provide a Certificate of Group Health Coverage to Members when their coverage under this Plan I terminates or upon their request within 24 months of termination. 3.2. Appeals a. The Claims Administrator shall review and respond to the initial appeals of Adverse Benefit Determinations (see section 1)as described in the benefit booklet provided by the Claims Administrator for this Plan. b. The Claims Administrator shall also provide a second review of adverse appeal decisions made after its initial review. This review will be conducted as described in the benefit booklet provided by the Claims Administrator for this Plan. c. If an adverse decision is made in the Claims Administrator's second level of review,the Claims Administrator also agrees to facilitate a review of the appeal by an Independent Review Organization (IRO)on behalf of the Plan Sponsor. The Claims Administrator will submit all documentation regarding the appeal to the IRO and work with the IRO as needed to complete its review. The Claims administrator shall pass all costs of the IRO review on to the Plan Sponsor. 3.3. Claims Processing The Claims Administrator shall process all eligible claims incurred after the Effective Date of this Contract which are properly submitted in accordance with the procedures set forth in the Plan Sponsor's benefit booklet. City of Kent 6 January 1,2009 a; 1018212 i The Claims Administrator shall make reasonable efforts to determine that a claim is covered under the terms of the Plan as described in the benefit booklet, to apply the coordination of benefits provisions, identify subrogation claims, and make reasonable efforts to recover subrogated amounts administratively as stated in section 7 of this Contract, and prepare and distribute benefit payments to Members and/or service providers. 3.4. Funding Support The Claims Administrator shall follow the steps below to facilitate the Plan Sponsor's funding of its Plan. a. Claim payment checks will be issued on the Claims Administrator's check stock. However, as stated in subsection 2.8 above, the responsibility for funding benefits is the Plan Sponsor's and the Claims Administrator is not acting as an insurer. b. The Claims Administrator shall notify the Plan Sponsor weekly by telephone or electronic medium of the amount due for the prior week's claims. 3.5. Annual Accounting Within 120 days of the end of the Contract Period, we shall perform an annual accounting of claims activity and report to the Plan Sponsor. 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY It is recognized and understood by the Plan Sponsor that the Claims Administrator is not an insurer and that the Claims Administrator's sole function is to provide claims administration services and the Claims Administrator shall have no liability for the funding of benefits. The Claims Administrator is empowered to act on behalf of the Plan Sponsor in connection with the Plan only as expressly stated in this Contract or as mutually agreed to in writing by the Claims Administrator and the Plan Sponsor. This Contract is between the Claims Administrator and the Plan Sponsor and does not create any legal relationship between the Claims Administrator and any Member or any other individual. 4.1. Recoveries If, during the course of an audit performed internally by the Claims Administrator as described in subsection 3.1.b. above or by the Plan Sponsor pursuant to section 6 below, any error is discovered, the Claims Administrator shall use reasonable efforts to recover any loss resulting from such error. The Plan Sponsor does not cover Foot Orthotics for any diagnosis, which includes but is not limited to diabetes or corrective purposes. The Claims Administrator agrees to reimburse the Plan Sponsor any Foot Orthotics claim payment made in error throughout the duration of this agreement unless such payment is recovered as stated in this subsection 4.1. 4.2. Independent Contractor The Claims Administrator is an independent contractor with respect to the services being performed pursuant to this Contract and shall not for any purpose be deemed an employee of the Plan Sponsor. 4.3. Limits of Liability It is recognized by the parties that errors may occur and it is agreed that the Claims Administrator will not be held liable for such errors unless they resulted from its gross negligence or willful misconduct. The Plan Sponsor agrees to defend, indemnify, and hold harmless the Claims Administrator from all claims, damages, liabilities, losses, and expenses arising out of the Claims Administrator's performance of administration services under the terms of this Contract, so long as they did not arise out of the Claims Administrator's gross negligence or willful misconduct. City of Kent 7 January 1,2009 1018212 5. FEES OF THE CLAIMS ADMINISTRATOR 5.1. Payment Time Limits i By the first of each month, The Plan Sponsor shall pay the Claims Administrator in accordance with the fee schedule set forth in "Attachment D— Fees Of The Claims Administrator"that is incorporated herein by reference. 5.2. Late Payments a. If, for any reason whatsoever, the Plan Sponsor fails to make a timely payment required under this Contract by the tenth day of the month in which payment is due, the Claims Administrator may suspend performance of services to the Plan Sponsor, including processing and payment of claims, until such time as the Plan Sponsor makes the required payment, including interest as set forth in b. below. b. In the event of late payment,the Claims Administrator may terminate this Contract pursuant to subsection j 9.5 below. Acceptance of late payments by the Claims Administrator shall not constitute a waiver of its J right to cancel this Contract due to delinquent or nonpayment of fees. c. The Claims Administrator will charge interest to the Plan Sponsor on all payments received after the tenth day of the month in which they are due, including amounts paid to reinstate this Contract after termination I pursuant to subsection 9.5 below, at the average prime rate posted by Bank of America/Nations Bank during the Contract Period plus two (2) percent on the amount of the late payments for the number of days late. Interest will be in addition to any other amounts payable under this Contract. 5.3. Customization Fees The Plan Sponsor shall pay the Claims Administrator a "customization fee"when the Plan Sponsor requests either of the following: a. A plan benefit configuration that the Claims Administrator has not determined to be standard for the plan type. Customization fees for nonstandard plan benefits assessed at this Contract's Effective Date are listed in "Attachment D—Fees Of The Claims Administrator." b. An off-anniversary benefit change, regardless of whether the desired benefit is standard for the plan type. The customization fee for each off-anniversary change shall be $2,000. Customization fees for off- anniversary changes shall be invoiced separately to the Plan Sponsor. For purposes of customization fees, "benefits" include eligibility, termination, continuation and benefit payment provisions, benefit terms, limitations, and exclusions, funding arrangement changes, and any ` other standard provisions of the Plan. Fees are computed based on current administrative costs to implement and administer the benefit. Customization fees for custom benefits that take effect on the Effective Date shown on the Face Page of this Contract are due and payable prior to that Effective Date. Customization fees for off-anniversary benefit changes are due and payable prior to the effective date of the change. I 6. AUDIT Within thirty (30)days of written notice from the Plan Sponsor, the Claims Administrator shall allow an authorized agent of the Plan Sponsor to inspect or audit all records and files maintained by the Claims Administrator which are directly pertinent to the administration of the Plan for the current or most recently ended contract period. Such documents shall be made available at the administrative office of the Claims Administrator during normal business hours. The Plan Sponsor shall be liable for any and all fees charged by the auditor. All audits shall be subject to the Claims Administrator's audit policies and procedures then in effect. To the extent that the Plan Sponsor requests data and reports that are beyond the scope of the Claim Administrator's audit policies and procedures, the Plan Sponsor shall reimburse the Claims Administrator for the additional administrative costs incurred in producing such data and reports. I i City of Kent 8 January 1,2009 1018212 1 Any agent or auditor who has access to the records and files maintained by the Claims Administrator shall agree not to disclose any proprietary or confidential information used in the business of the Claims Administrator. 7. SUBROGATION The Claims Administrator shall make reasonable efforts to pursue subrogation claims administratively on behalf of the Plan. However, the Claims Administrator shall have no affirmative duty to pursue subrogation claims beyond those specified in subsection 3.3 above. The Plan Sponsor shall have the sole discretion to bring any legal claim or action to enforce the Plan's subrogation provisions. The Claims Administrator will cooperate with the Plan Sponsor in the event the Plan Sponsor brings any legal action to enforce the subrogation provisions of the Plan. Any costs and attorneys'fees incurred in pursuing such subrogation claims shall be the responsibility of the Plan Sponsor. 8. TERM OF CONTRACT 8.1. Contract Period The term of this Contract shall be the Contract Period shown on the Face Page of this Contract. Except as stated otherwise in subsection 9.3 below, the terms and conditions of this Contract and the fee schedule set forth in "Attachment D— Fees Of The Claims Administrator" are established for the Contract Period. 8.2. Changes to Fees The Plan Sponsor acknowledges that the fee schedule set forth in "Attachment D— Fees Of The Claims Administrator"and the services provided for in this Contract are based upon the terms of the Plan and the enrollment as they exist on the Effective Date of this Contract. Any substantial changes, whether required by law or otherwise, in the terms and provisions of the Plan or in enrollment may require that the Claims Administrator incur additional expenses. The parties agree that any substantial change, as determined by the Claims Administrator, shall result in the alteration of the fee schedule, even if the alteration is during the Contract Period. The phrase "any substantial change" shall include, but not be limited to: a. a fluctuation of ten (10) percent or more in the number of Members as set forth on the census information included in "Attachment B—Census Information"which is herein incorporated by reference and made a part of this Contract; b. the addition of benefit program(s)or any change in the terms of the Plan's eligibility rules, benefit provisions or record keeping rules that would increase administration costs by more than $10,000; c. any change in claims administrative services, benefits or eligibility required by law that would increase administration costs by more than $10,000; d. any change in administrative procedures from those in force at the inception of this Contract that is agreed upon by the parties; e. any additional services which the Claims Administrator undertakes to perform at the request of the Plan Sponsor which are not specified in this Contract such as the handling of mailings or preparation of statistical reports and surveys not specified in the Claims Administrator's standard Employer Group Reporting set. 9. TERMINATION 9.1. Termination With Notice The Plan Sponsor may terminate this Contract at any time by giving the Claims Administrator thirty(30)days written notice. City of Kent 9 January 1,2009 1018212 9.2. Contract Period Expiration This Contract will terminate on the last day of the Contract Period or the last day of any extension of the Contract I Period granted by the Plan Administrator. 9.3. Termination Due to Insolvency Either party may terminate this Contract effective immediately by giving written notice to the other if a party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether foreign or domestic. A party is insolvent if it has ceased to pay its debts in the ordinary course of business; cannot pay its debts as they become due; or the sum of its debts is greater than the value of its property at a fair valuation. 9.4. Termination Due to Inability to Perform If loss of services is caused by, or either party is unable to perform any of its obligations under this Contract, or to enjoy any of its benefits because of natural disaster, action or decrees of governmental bodies or communication failure not the fault of the affected party, such loss or inability to perform shall not be deemed a breach. The party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty (30)days from the receipt of such notice, the party whose performance has not been so affected may, as its sole remedy, terminate this Contract by written notice to the other party effective immediately. In the event of such termination, the Plan Sponsor shall remain liable to the Claims Administrator for all payments due, together with interest thereon as provided for in subsection 5.2.c. above. 9.5. Termination For Nonpayment The Claims Administrator may, at its sole discretion, terminate this Contract if the period of nonpayment exceeds thirty(30) days from the date the payment becomes delinquent as outline in section 5.2.c. 9.6. Plan Sponsor Liability Upon Termination In the event this Contract is terminated prior to the end of the Contract Period, the Plan Sponsor shall remain liable to the Claims Administrator for all delinquent sums together with interest thereon as provided for in subsection 5.2.c. above.. Furthermore, the Claims Administrator will have incurred fixed costs which, but for the termination, would have been recouped over the course of the Contract Period. Therefore, in the event that the Contract terminates pursuant to subsections 9.1 or 9.5 above, the Plan Sponsor shall also pay the Claims Administrator as liquidated damages, and not as a penalty, an amount equal to two (2) months administration fees. This monthly fee shall be determined by multiplying the rate set forth in "Attachment D— Fees Of The 4 Claims Administrator," multiplied by the average number of Members covered by the Plan for the immediately preceding six (6) month period or such shorter period if this Contract has not been in effect for a period of six (6) months. The Plan Sponsor shall remain liable for claims incurred during the Contract Period but not paid during the Contract Period and for the claims run-out processing fee set forth in the"Fees Of The Claims Administrator" attachment. 9.7. Final Accounting Within one hundred twenty(120)days of termination by either party, the Claims Administrator shall deliver to the Plan Sponsor an interim accounting. Within fifteen (15) months of termination the Claims Administrator shall deliver to the Plan Sponsor a complete and final accounting of the status of the Plan. At the expense of the Plan Sponsor, the Claims Administrator shall make available a record of deductibles and coinsurance levels for each Member and deliver this information to the Plan Sponsor or its authorized agent. 9.8. Claims Runout The Plan Sponsor continues to be solely liable for claims received by the Claims Administrator after the Contract terminates. For the fifteen (15)-month period following termination of this Contract, the Claims Administrator shall continue to process eligible claims incurred prior to termination, or adjustments to claims incurred prior to termination, that the Claims Administrator receives no more than twelve (12) months after the date of termination at the claims run-out processing fee rate set forth in "Attachment D— Fees Of The Claims Administrator." City of Kent 10 January 1,2009 1018212 1 The runout processing charge will be due in full with the first request for claims reimbursement made during the runout period. If the Claims Administrator receives claims for Plan benefits more than twelve (12) months after the date this Contract terminates, Claims Administrator shall deny those claims. If the Plan Sponsor wants to negotiate a different arrangement, the Plan Sponsor must contact the Claims Administrator no later than the start of the fourteenth month after the date this Contract terminates. This "Claims Runout" provision shall survive termination of this Contract. 10. DISCLOSURE It is recognized and understood by the Plan Sponsor that the Claims Administrator is subject to all laws and regulations applicable to Claims Administrators and health care service contractors. It is also recognized and understood by the Plan Sponsor that the Claims Administrator is not acting as an insurer and also is not providing stop-loss insurance. 11. OTHER PROVISIONS 11.1. Choice of Law The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the state of Washington, unless federal law applies. Any and all disputes concerning this Contract shall be resolved in King County Superior Court or federal court as appropriate. 11.2. Proprietary Information The Claims Administrator reserves the right to, the control of, and the use of the words "Premera Blue Cross", "MSC Incorporated as Premera Blue Cross"and all symbols, trademarks and service marks existing or hereafter established. The Plan Sponsor shall not use such words, symbols, trademarks or service marks in advertising, promotional materials, materials supplied to Members or otherwise without the Claims Administrator's prior written consent which shall not be unreasonably withheld. The Claims Administrator's provider reimbursement information is proprietary and confidential to the Claims Administrator and will not be disclosed to the Plan Sponsor unless and until a separate Confidentiality Agreement is executed by the parties. For the purposes of this section, "provider reimbursement information" means data containing, directly or indirectly(a)diagnostic, procedures or other code sets; and (b) billed amount, allowed amount, paid amount or any other financial information for network and non-network hospitals, clinics, physicians, other health care professionals, pharmacies and any other type of facility. Such data may or may not specifically identify providers. No other provision of this Contract or any other agreement or understanding between the parties shall supersede this provision. 11.3. Parties To The Contract The Plan Sponsor hereby expressly acknowledges, on behalf of itself and all of its Members, its understanding that this Administrative Service Contract constitutes a Contract solely between the Plan Sponsor and the Claims Administrator, that the Claims Administrator is an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the "Association") permitting the Claims Administrator to use the Blue Cross Service Mark in the States of Washington and Alaska, and that the Claims Administrator is not contracting as the agent of the Association. The Plan Sponsor further acknowledges and agrees that it has not entered into this Administrative Service Contract based upon representations by any person other than the Claims Administrator, and that no person, entity or organization other than the Claims Administrator shall be held accountable or liable to the Plan Sponsor for any of the Claims Administrator's obligations to the Plan Sponsor created under this Administrative Service City of Kent 11 January 1,2009 1018212 i I Contract. This provision shall not create any additional obligations whatsoever on the Claims Administrator's part other than those obligations created under other provisions of this Administrative Service Contract. I 11.4. Notice Except for the notice given pursuant to the "Funding" subsection of section 2, any notice required or permitted to be given by this Contract shall be in writing and shall be deemed delivered three (3)days after deposit in the United States mail, postage fully prepaid, return receipt requested, and addressed to the other party at the address as shown on the face page of this Contract or such other address provided in writing by the parties. 11.5. Integration This Contract, including any appendices or attachments incorporated herein by reference, embodies the entire Contract and understanding of the parties and supersedes all prior oral and written communications between them. Only a writing signed by both parties hereto hereof may modify the terms. 11.6. Assignment Neither party shall assign this Contract or any of its duties or responsibilities hereunder without the prior written approval of the other. 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT r The following attach to and become part of the body of this Contract and they are herein incorporated by reference. ATTACHMENT A —BLUECARDO PROGRAM ATTACHMENT B—CENSUS INFORMATION ATTACHMENT C— REPORTING ATTACHMENT D— FEES OF THE CLAIMS ADMINISTRATOR ATTACHMENT E—BUSINESS ASSOCIATE AGREEMENT ATTACHMENT F—CARE FACILITATION I ATTACHMENT G— EXTENDED POST-PAYMENT RECOVERY SERVICES ATTACHMENT H—DISEASE MANAGEMENT I� 1 I I City of Kent 12 January 1,2009 1018212 1 , ATTACHMENT A — BLUECARD® PROGRAM Premera Blue Cross, like all Blue Cross and/or Blue Shield Licensees, participates in a program called "BlueCard." Whenever Members access health care services in Clark County, Washington or outside Washington and Alaska, the claim for those services may be processed through BlueCard and presented to us for payment. Payment is made according to the terms and limitations of your plan document and network access rules in the BlueCard Policies then in effect. Under BlueCard, when Members receive covered services within the area served by another Blue Cross and/or Blue Shield Licensee (called the"Host Blue" in this section), Premera Blue Cross remains responsible for fulfilling our obligations under this contract. The Host Blue will only be responsible for such services as contracting with providers and handling all interaction with contracting providers. The Host Blue must perform these duties in accordance with applicable BlueCard Policies. The financial terms of BlueCard are described generally below: Liability Calculation Method Per Claim The amount the Member pays for covered services obtained in Clark County, Washington or outside Washington and Alaska through BlueCard is calculated on the lower of: 1)the billed charges for the covered services, or 2) the"negotiated price"that the Host Blue passes on to Premera Blue Cross for the covered services. Most often, the Plan Sponsor's liability for covered services processed through BlueCard is calculated on the same amount on which the Member's liability is calculated. However, in rare cases required by the Host Blue's contract with the provider, the Plan Sponsor's liability will be calculated on the Host Blue's negotiated price even when that price exceeds the billed charge. The methods used to determine the negotiated price will vary among Host Blues according to the terms of their provider contracts. Often, the negotiated price will consist of a simple discount, which reflects the actual price allowed as payable by the Host Blue. But, sometimes, it is an estimated price that factors in the Host Blue's expected settlements, withholds, any other contingent payment arrangements and non-claims transactions with the Member's health care provider or with a specified group of providers. The negotiated price may also be a discount from billed charges that reflects an average expected savings with the Member's health care provider or a specified group of providers. The price that reflects average savings may result in greater variation above or below the actual price than will the estimated price. In accordance with national BlueCard policy, these estimated or average prices will also be adjusted from time to time to correct for overestimation or underestimation of past prices. However, the amount on which the Member's and the Plan Sponsor's payments are based remains the final price for the covered services billed on that claim. In addition, if the Host Blue's negotiated price is an estimated or average price, as described above, some portion of the amount the Plan Sponsor pays may be held in a variance account by the Host Blue, pending settlement with its contracting providers. Because all amounts paid are final, any funds held in a variance account do not belong to the Plan Sponsor and are eventually exhausted by provider settlements and through prospective adjustments to the negotiated prices. Some states may mandate a surcharge or a method of calculating what Members must pay on a claim that differs from BlueCard's usual method noted above and is not pre-empted by federal law. If such a mandate is in force on the date the Member received care in that state, the amounts the Member and the Plan Sponsor must pay for any covered services will be calculated using the methods required by that state's mandate. Such methods might not reflect the entire savings expected on a particular claim. The calculation methods described above in this section do not apply to BlueCard Worldwide claims. Under BlueCard, recoveries from a Host Blue or from contracting providers of a Host Blue can arise in several ways. Examples are antifraud and abuse audits, provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds. In some cases, the Host Blue will engage third parties to assist in discovery or collection of recovery amounts. The fees of such a third party are netted against the recovery. Recovery amounts, net of any fees, will be applied in accordance with applicable BlueCard Policies, which generally require correction on a claim-by-claim or prospective basis. City of Kent 13 January 1,2009 1018212 i BlueCard Worldwide® If Members are outside the United States, the Commonwealth of Puerto Rico, Jamaica and the British and U.S. Virgin Islands, they may be able to take advantage of BlueCard Worldwide. BlueCard Worldwide is unlike the national BlueCard program in certain ways. For instance, although BlueCard Worldwide provides a network of contracting hospitals, it offers only referrals to doctors. When receiving care from doctors, Members will have to submit claim forms on their own behalf to obtain reimbursement for the services provided through BlueCard Worldwide. BlueCard Fees and Compensation - Overview j The Plan Sponsor understands and agrees to the following: a. To pay certain fees and compensation to us which we are obligated under BlueCard to pay to the Host Blue, to the Blue Cross and Blue Shield Association, or to the BlueCard vendors. These fees are billed to the Plan Sponsor as shown in "Attachment D— Fees Of The Claims Administrator." b. That fees and compensation under BlueCard may be revised from time to time without the Plan Sponsor's prior approval in accordance with the Blue Cross and Blue Shield Association's standard provisions for revising fees and compensation under BlueCard. Some of these fees and compensation are charged each time a claim is processed through BlueCard. Examples of these are access fees (see "Access Fees" and "How Access Fees Affect The Plan" below), administrative expense allowance fees, Central Financial Agency Fees, and ITS Transaction Fees. Also, some of these claim- based fees, such as the access fee and the administrative expense allowance fee, may be passed on to the Plan Sponsor as an additional claim liability. Fees not charged for each claim are an 800 number fee and a fee for providing provider directories. Access Fees Host Blues may charge the Claims Administrator an access fee for making their discounted rates and the resulting savings available on claims incurred by the Plan Sponsor's Members. Access fees are based on the difference between the amount paid by the Host Blue and the amount this Plan would have paid if it had dealt with the out-of-area provider directly. The access fee, if one is charged, may equal up to 10 percent of the Host Licensee's discount/differential savings, but may not exceed $2,000 per claim. The access fee may be charged only if the Host Blue's arrangement with the provider prohibits billing Members for amounts in excess of the discounted rate. However, providers may bill for deductibles, coinsurance, amounts in excess of stated benefit maximums, and charges for noncovered services. In the event a participating provider discount cannot be passed along to the Member, no discount or access fee will apply. How Access Fees Affect The Plan When the Claims Administrator is charged an access fee, it will be charged to the Plan Sponsor as a claims expense. If the Claims Administrator receives an access fee credit, it will be given to the Plan Sponsor as a claims expense credit. Access fees are considered a claims expense because they represent claims dollars the Plan Sponsor is unable to avoid paying. Instances may occur in which the Claims Administrator does not pay a claim (or pays only a small amount) r( because the amounts eligible for payment were applied to the deductible and/or coinsurance. In these instances, the Claims Administrator will pay the access fee and pass it along to the Plan Sponsor as a claims expense even though little or none of the claim was paid. g I. i I J I City of Kent 14 January 1,2009 1018212 ATTACHMENT B - CENSUS INFORMATION Administration Fees, effective January 1, 2009, are based on the following: Number of Active and Retired Members: Employee Spouse Children i Active 778 508 843 Retirees 68 14 0 Number of COBRA Members: Employee Spouse Children COBRA 7 5 6 i ; ! Other Carriers Offered: Group Health Cooperative i i i i City of Kent 15 January 1,2009 1018212 ATTACHMENT C - REPORTING A standard package of reports covering the Contract Period will be provided to the Plan Sponsor within the fees j set forth in "Attachment D—Fees Of The Claims Administrator." The reports will cover: • Earned premium • Paid claims • Census data • Claims summaries by: • Provider type • Service type • Coverage type Please note that reports, format, and content may be modified from time to time as needed. City of Kent 16 January 1,2009 1018212 ATTACHMENT D - FEES OF THE CLAIMS ADMINISTRATOR Pursuant to the Administrative Service Contract, the Plan Sponsor shall pay the Claims Administrator the fees, as set forth below, for administrative services. Administration Fees: Multi-Year Administration Fee Agreement 2009 2010 2011 Medical Fee (includes Washington Business &Occupation tax) $48.59 $51.53 $53.55 Network Management Fee $6.60 $6.86 $7.13 Total $55.19 $58.39 $60.68 Note: 2010 and 2011 total administration fees stated above reflect a $1.00 charge due to stop loss coverage not being carried by LifeWise Assurance Company. In the event stop loss is purchased through LifeWise Assurance Company in 2010 or 2011, the stated fee will be reduced by$1.00 for the applicable year. Disease Management Program Fees (not included in Administration Fee): $6.41 PMPM Brokerage Fees and Commissions (not included in Administration Fee): (Medical) $2.00 PEPM Claims Runout Processing Fee: The charge for processing runout claims is an amount equal to the active administration fee at the time of termination, times the average number of subscribers for the 3-month period preceding the termination date, times two. BlueCard Fee Amount: BlueCard Fees are tracked and billed as part of the annual accounting for the Contract Period. Care Facilitation: Included in Administration Fee. See "Attachment F—Care Facilitation"for an overview of services provided. City of Kent 17 January 1,2009 1018212 Extended Post-Payment Recovery Services: Claims Administrator will perform the services listed below on a pay-for-performance, contingent fee ("Contingent j Fee") basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim. See "Attachment G— Extended Post-Payment Recovery Services"for an overview of services provided. Post Payment Recovery Contingent Fee Category Coordination of Benefits 20% Subrogation 20% unless claim requires engagement of outside counsel, in which case the Contingent Fee amount shall be 35%. Provider Billing Errors 20% Credit Balance 20% Hospital Billing and Chart Review 20% a. The Plan Sponsor may terminate the Calypso extended services section of this agreement at any point throughout the contract period within 30 days written notice to the Claims Administrator. b. The Plan Sponsor can request that any subrogation case the Claims Administrator is pursuing on their behalf be dropped immediately with written notice from the Plan Sponsor. c. Continue Calypso Extended Recovery Services but reduce recovery fee to 20% d. Remove Medicare COB and Other Insurance recoveries from the Extended Services Category on the basis, City of Kent works with Premera to provide accurate eligibility information on their Retiree population and capturing other coverage information from all City of Kent employees. e. Place a cap of$15,000 per claim which will only apply to the subrogation claims, with the caveat if claim has to go outside the typical recovery services and requires that legal council be involved, Premera can charge City of Kent for those related fees. Premera has agreed to give City of Kent the option to approve claims that are referred out to legal council. l f1 City of Kent 18 January 1,2009 1018212 ATTACHMENT E - BUSINESS ASSOCIATE AGREEMENT The Plan Sponsor should keep its signed business associate agreement behind this page. City of Kent 19 January 1,2009 1018212 I i i ATTACHMENT F - CARE FACILITATION Claims Administrator agrees to provide the following care facilitation programs for the fees shown in "Attachment D— Fees Of The Claims Administrator." a Service Description Care Management Prospective and retrospective review for medical Clinical review necessity, appropriate application of benefits. Prospective review is not mandatory for provision of benefits. Voluntary program to provide cost-effective alternatives for Case management care of complex or catastrophic conditions. This service also educates members and assists members and f providers in managing breast&lung cancer. Includes preventive care programs for members: Health Awareness Education immunization reminders, cancer screening reminders, and health education and information. Includes provision of evidence-based clinical practice and Quality Programs preventive care guidelines to members and providers, chart tools, and quality of care program activities. Prescription drug formulary Development of formulary and access to providers and , promotion members on-line 11 Physician-based pharmacy Physician education on cost-effective prescribing f management ePocrates Software to provide physicians with up-to-date drug and plan formulary information. Education for members using multiple drugs to review Polypharmacy prescriptions with their providers to decrease incidences of adverse drug interactions Follow-up with members and physicians to minimize Point-of-sale Pharmacy inappropriate or excessive drug therapies identified when drugs are dispensed. Demand Management Round-the-clock access for members to RNs to answer questions about health care. 1 , 1 i City of Kent 20 January 1,2009 1018212 f , ATTACHMENT G - EXTENDED POST-PAYMENT RECOVERY SERVICES Claims Administrator shall provide a set of Extended Post Payment Recovery Services to the Plan Sponsor as described below. Claims Administrator will perform these services on a pay-for-performance, contingent fee ("Contingent Fee") basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim. Contingent Fees are shown in "Attachment D—Fees Of The Claims Administrator." Post Payment Recovery Explanation of Services Category Claims Administrator's investigators and auditors will work to identify and pursue overpayments due to member's missing or inaccurate COB information. Claims Administrator utilizes questionnaires and Coordination of Benefits interviews with providers, employers and members to determine if Plan Sponsor is the primary or secondary insurer. i Claims Administrator's investigators, auditors and attorneys identify and pursue overpayments due to Subrogation opportunities. Claims Administrator's research to obtain accurate subrogation information and determine group's subrogation rights include questionnaires and interviews with providers, employers and members as well as a review ,i of medical records. For verified overpayments Claims Administrator Subrogation manages attorney and member notification, files necessary liens, coordinates case documentation, and provides representation for arbitration hearings. The Plan Sponsor will be pre-notified of Claims Administrator's intent to file suit and retains the right to authorize or deny any legal action. Claims Administrator's post-payment editing programs and investigators and auditors perform additional screens and tests where billing information is inconsistent with age/services rendered or where Provider Billing Errors there appears to be up-coding or unbundling of services. A recovery process is then employed to request and recover verified overpayments. This service requires an on-site review of the provider's financial records and discussions with their staff. Credit balances are verified as owed to Plan Sponsor and the source of the credit is determined. The Credit Balance credit is reviewed with the provider and approved for payment back to Claims Administrator or the Plan Sponsor. This service requires an on-site review of the member's medical charts Hospital Billing and Chart and interviews with provider staff by registered nurses. Calypso out- Review sources the on-site review work to an independent vendor who ensures that: City of Kent 21 January 1,2009 1018212 Post Payment Recovery Explanation of Services Category • Service is consistent with diagnosis and billing is consistent with services. • There has been no unbundling of services, diagnosis up-coding or billing maximization • Services rendered were prescribed by the physician and the doctor's notes were signed. • Standardized billing and payment policies were used. Calypso provides support for this vendor's efforts as well as processes all recoveries. 1 City of Kent 22 January 1,2009 1018212 ATTACHMENT H — DISEASE MANAGEMENT Claims Administrator agrees to make available to the Group certain Disease Management Services provided by Healthways, Inc. ("AHSI")as more particularly described in Appendix 1 attached hereto and incorporated herein (the"Services'). Under its agreement with the Claims Administrator, AHSI, in its sole and absolute discretion, may upgrade or otherwise modify its Services. Information and Data. • Initial Information. For Groups who have had Administrative Services provided by the Claims Administrator for a period of 36 months or longer, the Claims Administrator will provide to AHSI on Group's behalf, a claims and eligibility data set determined necessary by AHSI and the Claims Administrator in mutually agreeable electronic format, for all Eligible Members for the prior thirty-six(36) months from anticipated Effective Date, or the period for which data is available, whichever is shorter. This data shall be provided 90 days prior to the Group Effective Date through the date such file is produced. For Groups for whom the Claims Administrator does not have such data as determined necessary by AHSI and the Claims Administrator for the prior thirty-six(36) month period, the Group will attempt to obtain such data from the Group's previous health plan(s), 90 days prior to the Group Effective Date. AHSI and the Claims Administrator will cooperate with Group's effort in obtaining such data. All such data shall be provided by the Group directly to AHSI in a mutually agreeable electronic format. In the event AHSI charges the Claims Administrator for accepting such data, the Claims Administrator shall be entitled to pass such costs through to the Group • Failure or Inability to Provide Data. The Parties recognize that the provision of data referenced above is critical to the success of the disease management services. Therefore, the Group agrees that its failure to provide all data referenced above in a timely fashion may, at the Claims Administrator's option, affect the terms, range and availability of Services available to the Group. In the event that at least twenty-four(24) months of historical data is not available, then the Claims Administrator shall adjust reporting and measurement requirements for such Group. General Provisions The parties understand, acknowledge and agree that the services provided to the Group hereunder are designed for application generally to the entire population of Group members eligible for such services and not for application to each and every such member. Neither the Claims Administrator nor AHSI represent or warrant that the services provided pursuant to this Attachment will be applied or made with respect to each and every eligible member. The Claims Administrator and AHSI will, however, use commercially reasonable efforts in their attempt to apply such services so that as many eligible members receive such services as appropriate and practicable. • Severability. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Attachment shall remain valid and enforceable according to its terms. City of Kent 23 January 1,2009 1018212 Appendix 1 ; Program Selection Elected Package Package C (Enhanced) { Diabetes, Heart Failure, Coronary Artery Disease, Chronic Obstructive Pulmonary Disease,Asthma, Impact Conditions 1 1 , 1 k City of Kent 24 January 1,2009 1018212 Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6D 1. SUBJECT: IDENTITY THEFT PREVENTION PROGRAM RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. , which approves and adopts an Identity Theft Prevention Program as required by the Fair and Accurate Credit Transactions Act of 2003, and the Federal Trade Commission's Identity Theft Rules. The Fair and Accurate Credit Transactions Act of 2003 and the Federal Trade Commission's Identity Theft Rules seek to reduce identity theft by requiring certain financial institutions and creditors with certain accounts that extend credit or involve deferred payments to prepare, adopt and implement an identity theft prevention program. The City of Kent is subject to these requirements, and must have an appropriate program in place by May 1, 2009. 3. EXHIBITS: 4/7/09 Memo to Operations; Resolution; and the City's Red Flag Program 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT WASH I N O T O N FINANCE R. J. Nachlinger, Director Phone: 253-856-5260 Fax: 253-856-6255 220 Fourth Avenue S. Kent, WA. 98032-5895 April 7, 2009 TO: Kent City Council Operations Committee FROM: R.J. Nachlinger, Finance Director THROUGH: Suzette Cooke, Mayor SUBJECT: Identity Theft Prevention Program MOTION: Move to recommend Council adopt Resolution No. , which approves and adopts an Identity Theft Prevention Program as required by the Fair and Accurate Credit Transactions Act of 2003, and the Federal Trade Commission's Identity Theft Rules. SUMMARY The Fair and Accurate Credit Transactions Act of 2003 and the Federal Trade Commission's Identity Theft Rules ("Red Flag Rules") seek to reduce identity theft by requiring certain financial institutions and creditors with certain accounts that extend credit or involve deferred payments to prepare, adopt, and implement an identity theft prevention program. The City of Kent is subject to these requirements, and must have an appropriate program in place by May 1, 2009. BUDGET IMPACT The impact is largely dependent on the time and effort required to implement the Identity Theft Prevention Program, including staff training. DETAIL As part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), the Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit Union Administration (NCUA) have issued regulations (the Red Flag Rules) which require financial institutions and creditors to develop and implement written identity theft prevention programs. 1 A Red Flag, in this context is a pattern, practice, or s that indicates the p specific activity possible existence of identity theft. The Identity Theft Prevention Program (ITPP) must be: • Approved by the City Council • Managed by the City Council, Mayor or senior management designee • Include appropriate staff training, and • Provide for oversight of any service providers The ITTP must be approved by the City Council and implemented by November 1, 2008 (extended by the FTC to May 1, 2009). Failure to comply with the Red Flag Rules could result in Federal and State actions, as well as individual claims and class action lawsuits. Further, the FTC is authorized to commence a civil action to recover civil penalties of $2,500 per violation. 1 These requirements extend to all "covered accounts", defined in part as "any account the I City offers or maintains used primarily for personal, family, or household purposes, that involves multiple payments or transactions such as a utility account." City activities subject to these requirements are primarily comprised of water, sewer and storm drainage utility accounts. EXHIBITS Resolution Identity Theft Prevention Program 1 ti 4, 2 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving and adopting an Identity Theft Prevention Program as required by the Fair and Accurate Credit Transactions Act of 2003, and the Federal Trade Commission's Identity Theft Rules. RECITALS A. In 2003, Congress adopted The Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code), which requires certain financial institutions and creditors with certain accounts that extend credit or involve deferred payments to prepare, adopt, and implement an identity theft prevention program. The purpose of this program is to identify, detect, respond to, and mitigate patterns, practices, or specific activities that could indicate identity theft. Congress delegated the administration of the Act to the Federal Trade Commission, which adopted further rules regarding identity theft programs at 16 C.F.R. § 681, et seq. Together, the provisions adopted by Congress and the Federal Trade Commission are referred to as "Red Flag Rules." B. Because the City maintains various continuing accounts where customers defer payment on the services they receive, these accounts appear to be "covered accounts" under the legislation and subject to the 1 Identity Theft Prevention Program - Red Flag Rules 1 3 Red Flag Rules. In order to comply with the Red Flag Rules, the City must establish an Identity Theft Prevention Program, through its City Council, that is designed to detect, prevent, and mitigate identity theft in connection with the City's covered accounts. This program was originally to be in place by November 2008, however, the Federal Trade Commission agreed to suspend enforcement until May 1, 2009, in order to give I. creditors additional time during which to develop and implement a a conforming program. I C. In meeting its obligations under the Red Flag Rules, staff prepared an Identity Theft Prevention Program in the form attached and incorporated as Exhibit "A." After reviewing the program, the Kent City Council determined to adopt the Identity Theft Prevention Program and I� directs staff to begin its immediate implementation. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Program Adoption. The Identity Theft Prevention Program, attached and incorporated as Exhibit A, is hereby approved by the Kent City Council and adopted for implementation in the City of Kent for its accounts covered under the Red Flag Program, such as its water, storm/surface water, and sewer utility accounts; local improvement district assessment accounts; and potentially some parks program and other creditor accounts. SECTION 2, - Authorization and Direction. The Kent City Council authorizes and directs staff to implement the Identity Theft Prevention Program in accordance with its terms. Additionally, staff shall annually report to the City's Finance Director as the Program Administrator on the 1 2 Identity Theft Prevention Program - Red Flag Rules effectiveness of the program, any significant incidents involving identity theft, and any recommendations for material program changes. After considering these factors, the Program Administrator will determine whether changes to the Program, including the specific Red Flags identified in the program, are warranted. If warranted, the Program Administrator will update the Program as he or she so determines. SECTION 3. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 April, 2009. CONCURRED in by the Mayor of the City of Kent this day of April, 2009. SUZETTE COOKE, MAYOR 3 Identity Theft Prevention Program - Red Flag Rules i i ATTEST: I , I , BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: ' I TOM BRUBAKER, CITY ATTORNEY I I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of April, 2009. BRENDA JACOBER, CITY CLERK r P:\Civil\Resolution\RedFlagRules-ResolutlonAdoptingProgra m.doc 6+ \t r� l k 4 Identity Theft Prevention Program - Red Flag Rules EXHIBIT A i I 1000 `: KENT 14 w 911 i..c r oI CITY OF KENT IDENTITY THEFT PREVENTION PROGRAM (RED FLAG PROGRAM) Effective Beginning May 1, 2009 I. PROGRAM ADOPTION The City of Kent ("City") developed this Identity Theft Prevention Program ("Program") pursuant to the Fair and Accurate Credit Transactions Act of 2003 (Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code)), and the Federal Trade Commission's Identity Theft Rules (16 C.F.R. § 681, et seq.) (collectively "Red Flag Rules"). This Program was developed by the City of Kent's Finance Director ("Program Administrator") with the oversight and approval of the Mayor and the City Council. After consideration of the size and complexity of the City's operations and account systems, and the nature and scope of the City's activities, the City Council determined that this Program was appropriate for the City of Kent, and therefore approved this Program by the adoption of Resolution No. on April 21, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flag Rules Under the Red Flag Rules, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" that is tailored to its size, complexity, and the nature of its operation. The Program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags, as that term is defined in 16 C.F.R. pt. 681, for new and existing covered accounts, and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected in order to prevent and mitigate identity theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the City from Identity Theft. All of the City's individual utility service accounts are covered by the Red Flag Rules, including its water, storm/surface water, and sewer utilities. In addition, other City accounts may constitute "covered accounts" under -1- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 I the Red Flag Rules, for example, Local Improvement District assessment accounts and any parks program accounts that require or allow scheduled payments. I I B. Red Flag Rule definitions used in this Program I For the purposes of this Program, the following definitions apply and are derived from 16 C.F.R. pt. 681: 1. Account. "Account" means a continuing relationship established by a person with a creditor to obtain a product or service for personal, family, household or business purposes, and includes an extension of credit involving a deferred payment. I 2. Covered Account. A "covered account" means: a. Any account the City offers or maintains primarily for i personal, family or household purposes, that involves /l multiple payments or transactions such as a utility [` account; and b. Any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks. 1 3. Creditor. "Creditor," as provided for in Section 702 of the Equal Credit Opportunity Act, 15 U.S.C. 1691a, means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. 4. Customer. A "customer" means a person or business entity that has a covered account with a creditor. I 5. Identifying Information. As defined in 16 C.F.R. § 603.2, "identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: (i) Name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; i (ii) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; -2- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 (iii) Unique electronic identification number, address, or routing code; or (iv) Telecommunication identifying information or access device. 6. Identity Theft. "Identity Theft" means fraud committed using the identifying information of another person. 7. Red Flag. A "Red Flag" means a pattern, practice, or specific activity that indicates the possible existence of identity theft. 8. Service Provider. "Service provider" means a person or business entity that provides a service directly to a financial institution or creditor relating to or connection with a covered account. III. IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the City shall review and consider the types of covered accounts that it offers and maintains, the methods it provides to open covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. The City identifies the following Red Flags and will train appropriate staff to recognize these Red Flags for those accounts subject to the Red Flag Rules as they are encountered in the ordinary course of City business : A. Red Flags Related to Alerts, Notifications, and Warnings from Credit Reporting Agencies 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; 4. Notice or report from a credit agency of an address discrepancy; and 5. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity, such as an unusual increase in the volume of credit inquiries, unusual increase in the number of established credit relationships, or a material change in the use of credit. B. Red Flags Related to Suspicious Documents 1. Identification document or card that appears to be forged, altered, or inauthentic; 2. Photograph or physical description on the identification document or card is not consistent with the person presenting the document; -3- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 3. Other information on the identification document or card is not consistent with information provided by the person opening a new covered account, by the customer presenting the identification, or with existing customer information on file with the City, such as a recent check; and 4. Application for service that appears to have been altered or forged, or gives the appearance of having been destroyed or reassembled. C. Red Flags Related to Suspicious Personal Identifying Information 1. Identifying information presented that is inconsistent with other information the customer provides, for instance, inconsistent birth dates; 2. Identifying information presented that is inconsistent with other sources of information, for instance, an address that does not match an address on a driver's license; 3. Identifying information presented is associated with common types of fraudulent activity, such as use of a fictitious billing address or phone number; 4. Identifying information presented that is consistent with known __ fraudulent activity, such as presentation of an invalid phone number or fictitious billing address used in previous fraudulent activity; 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so. However, by law social security numbers must not be required; and 8. A person's identifying information which is not consistent with the information that is on file for the customer. D. Red Flags Related to Suspicious Account Activity or Unusual Use of Account 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use, such as very high activity or nonpayment when there is no history of late or missed payments; 4. Mail sent to the account holder is repeatedly returned as undeliverable although transactions continue to be conducted in connection with the customer's covered account; -4- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 5. Notice to the City that a customer is not receiving mail sent by the City; 6. Notice to the City that an account has unauthorized activity; 7. Breach in the City's computer system security; and 8. Unauthorized access to or use of customer account information. E. Red Flags Related to Alerts from Others 1. Notice to the City from a customer, a victim of identity theft, a law enforcement authority or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. IV. PREVENTING AND MITIGATING IDENTITY THEFT A. Action Required if Identity Theft Detected. In the event City personnel detect any identified Red Flags, such personnel must notify the Program Administrator. The Program Administrator should then decide which of the following steps should be taken: 1. Continue to monitor an account for evidence of identity theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify law enforcement; or 8. Determine that no response is warranted under the particular circumstances. B. Specific Red Flag Considerations for New and Existing accounts. The following steps will be taken with respect to new and existing covered accounts: 1. New Account Red Flag Detections. In order to detect any of the Red Flags identified above associated with the opening of a new account, City personnel, to the extent possible, should endeavor to take the following steps to obtain and verify the identity of the person opening the account: a. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; b. Verify the customer's identity. For example, reviewing a driver's license or other photo identification card, and comparing it against the customer's physical attributes; -5- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 I C. Review documentation evidencing the existence of a business entity; and d. Independently contact the customer. 2. Existing Account Red Flag Detections. In order to detect any of the Red Flags identified above for an existing account, City (- personnel should take the following steps to monitor transactions with an account: a. Verify the identification of customers if they request I information (in person, via telephone, via facsimile, via email) before providing information or transacting business; i b. Verify the validity of requests to change billing addresses; and C. Verify changes in banking information given for billing and payment purposes. C. Specific Considerations for Protection of Customer Identifying Information. In order to further prevent the likelihood of identity theft occurring with respect to City accounts, the City will use its best efforts to take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Reasonably secure customer identifying information that may be accessible through the City's website, but provide clear notice that the City cannot guarantee its website is entirely secure; [?] 2. Undertake complete and secure destruction of paper documents and computer files containing customer identifying information; f 3. Make City computers password protected and provide that staff computer screens lock after a set period of time; 4. Keep City offices clear of papers containing customer identifying information; i 5. Only in the event social security number information is required, staff should request only the last 4 digits of social security numbers; 6. Maintain staff computer virus protection up to date; and 7. Require and keep only those kinds of customer identifying information that are necessary for City purposes. V. PROGRAM UPDATES Annually, staff shall report to the Program Administrator on the effectiveness of the program, any significant incidents involving identity theft, and any recommendations for material program changes. -6- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the City from identity theft. In doing so, the Program Administrator will consider the City's experience with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the City's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the specific Red Flags identified in the Program, are warranted. If warranted, the Program Administrator will update the Program as he or she so determines. A copy of the current Program shall remain on file with the Program Administrator and the City Clerk. VI. PROGRAM ADMINISTRATION A. Oversight. The Program Administrator shall be responsible for developing, implementing, and updating this Program. The Program Administrator will also be responsible for the Program's administration, for ensuring appropriate training of City staff, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, for determining which steps of prevention and mitigation should be taken in particular circumstances, and for considering periodic changes to the Program. B. Staff Training and Reports. City staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff should prepare a report at least annually for the Program Administrator, including an evaluation of the effectiveness of the Program with respect to opening accounts, existing accounts, service provider arrangements, significant incidents involving identity theft and responses, and recommendations for changes to the Program. C. Service Provider Arrangements. In the event the City engages a service provider to perform an activity in connection with one or more accounts, the City should take the following steps so that the service provider performs its activity in accordance with reasonable policies and procedures designed to prevent, detect, and mitigate the risk of identity theft: 1. Require, by contract, that service providers acknowledge receipt and review of the Program, and agree to perform their activities with respect to City covered accounts in compliance with the terms and conditions of the Program, and with all instructions and directives issued by the Program Administrator relative to the Program; and -7- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 I I 2. Require, by contract, that service providers agree to report promptly to the Program Administrator, in writing, if the service provider in connection with a City covered account detects an incident of actual or attempted identity theft or is unable to resolve one or more Red Flags that the service provider detects in connection with a covered account. i --------END-------- I P:\Clvll\Resolution\Red Flag Rules-ExAProg ram Language.doc 1 l I 1 t -(- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Revised: March 24, 2009 t Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6E 1. SUBJECT: BUDGET ADJUSTMENT ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. consolidating budget adjustments made between July 1, 2008, and December 31, 2008, totaling $53,994,704. The proposed ordinance approves technical gross budget adjustments totaling $53,994,704 for adjustments made between July 1, 2008, and December 31, 2008. Of this amount, $53,470,282 has been previously approved by Council. The net amount, excluding transfers and internal service charges is $26,626,721. 3. EXHIBITS: Ordinance; 4/7/09 memo to Operations Committee and Budget Reports 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the 2008 budget for adjustments made between July 1, 2008, and December 31, 2008. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - BudaetAdjustments. The 2008 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. SECTION 2. - Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 1 2008 Budget Adjustments - Second Half I SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. E SUZETTE COOKE, MAYOR 1 I ATTEST: I i BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY { PASSED: day of April, 2009. APPROVED: day of April, 2009. PUBLISHED: day of April, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) BRENDA JACOBER, CITY CLERK I P:\Civil\0rdinance\BudgetAdjustment-2008-2nd.doc 1 2 2008 Budget Adjustments - Second Half I City of Kent Budget Adjustment Ordinance Adjustments July 1, 2008 to December 31, 2008 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 209,379 110 Street Fund (543,901) 120 Public Safety Retiree Benefits 1,051,440 150 Capital Improvement Fund 204,647 160 Criminal Justice Fund 1,524,448 170 Environmental Fund 123,214 190 Other Operating Projects Fund 390,962 195 Event Center Fund 706,113 220 Non-Voted Debt 115,338 250 Spec Assess Debt Service Fund 650,000 310 Street Capital Projects Fund 5,915,882 320 Parks Capital Projects Fund 2,866,316 330 Other Capital Projects Fund 30,600,000 340 Technology Capital Projects 3,000,000 350 Facilities Capital Projects 7,779,261 410 Water Operating Fund (124,115) 440 Sewerage Operating 49,423 540 Facilities Management Fund 28,940 560 Insurance Fund (552,643) Total Gross Budget Change 53,994,704 Less: Internal Service Funds (642,961) Other Transfers (26,695,022) Internal Transfers (30,000) Subtotal (27,367,983) Total Net Budget Change 26,626,721 45 FINANCE R. J. Nachlinger, Director Phone: 253-856-5260 Fax: 253-856-6255 KENT W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 7, 2009 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between July 1, 2008 and December 31, 2008 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between July 1, 2008 and December 31, 2008 totaling $53,994,704. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance totaling $53,994,704 for budget adjustments made between July 1, 2008 and December 31, 2008. The net amount, excluding transfers and internal service charges, is $26,626,721. Please note that $53,470,282 was previously approved by Council. These were primarily for projects. 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W >+ 5 Y d a c) > 41 o r T p i p a o p L T o o a ,o a � 'S d a CL B ¢ Uo.. d Z Lo c � � c . a c� IILI• N o o (ca Q U- to o F- �, a. ;° o lL 5 C7 rn v cC [1�J U ce) C d .N d y O C W 1�f7 Y LO Kent City Council Meeting Date Aril 21, 2009 Category Consent Calendar - 6F 1. SUBJECT: PERMIT TIMELINE EXTENSIONS CODE AMENDMENT ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending chapters 12.01 and 14.01 of the Kent City Code to allow extensions of re- submittal times for land use and building permit applications and to extend the term of issued building permits. These amendments are in response to the difficult economic climate and allow developers to keep certain permit applications active and to obtain building permits that remain valid for a longer period of time. These code amendments apply only to applications and permits that are applied for or issued within a certain timeframe, with the expectation the economic situation will improve and further extensions will be unnecessary. 3. EXHIBITS: 4/7/09 Memo to Planning & Economic Development Committee, Minutes of the 4/13/09 Planning & Economic Development Committee Meeting, and Ordinance 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT WASHINGTON Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 April 7, 2009 TO: Chair Elizabeth Albertson and Planning & Economic Development Committee Members FROM: Fred Satterstrom, Community Development Director Katie Heinitz, Planner RE: Consideration of extending the resubmittal timeline for; Land Use Applications, Building Permit Applications, and extending the validity of issued building permits (ZCA-2009-3) For the Public Hearing Meeting of April 13, 2009 MOTION: Move to recommend the City Council adopt the proposed ordinance, approving the extension of timelines for permit application resubmittals and the period of validity of issued permits as recommended by staff in code amendment file # ZCA-2009-3. SUMMARY: The proposed amendments to Chapters 12.01 and 14.01 of the Kent City Code ("KCC") include extending an applicant's resubmittal time period for land use and building permit applications and extending the validity of issued building permits. These amendments are in response to the difficult economic climate and allow developers to keep certain permit applications active and issued building permits valid for a longer period of time. The code amendments apply only to applications and permits that are applied for or issued within a certain timeframe, with the expectation the economic situation will improve and further extensions will be unnecessary. BUDGET IMPACT: None. BACKGROUND: The downturn in the local, regional, and national economic climate in recent months has strained the housing market. Demand for new housing is down and developers find it difficult to obtain financing. Thus, developers are unable to finish projects in a timely manner and applications and issued building permits will soon lapse. The expiration of development applications or approved building permits can result in major financial impacts to a developer, and can cause the loss of vested rights. Providing time extensions for applications and permits may assist the local economy by helping the construction industry withstand the economic downturn MEMORANDUM: Planning & Economic Development Committee April 7, 2009 Page 2 and be in a position to bounce back more quickly once the economic conditions improve. Other jurisdictions in the Puget Sound region have adopted similar ordinances to allow extensions on various permit applications and issued permits. In 2008, the Kent City Council passed an ordinance that increased the validity of an approved preliminary short plat application (2-9 lots) from two (2) to four (4) r " years. That ordinance was mostly in response to applicants' inability to obtain financial funding in the form of bonds, due to the current economic state. Furthermore, there is existing language in the City of Kent Subdivision Code (KCC 12.04.221) that is flexible and allows for time extensions on the expiration of an approved preliminary subdivision application (10+ lots). While the ability to keep approved preliminary plat and short plat applications valid for a longer timeframe can greatly benefit developers trying to obtain funding to finalize a project, it does not address other applications and permits. Currently, KCC 12.01.110 gives an applicant ninety (90) days to resubmit any corrected items needed for land use permit applications. If the requested information is not submitted within 90 days, the application lapses. I The International Building Code (which regulates the City's review/issuance of building permits), Sections 105.5 and local amendment for 105.3.2, provide for extensions of building permit applications and issued building permits, but limit the duration and justification for such extensions. 1 The proposed permit timeline expiration changes would result in the following: 1. For land use applications: applications within the resubmittal period as of the effective date of the ordinance, or which become subject to the resubmittal period after the ordinance effective date and before December 31, 2009, would have until December 31, 2009 or the end of the resubmittal period, whichever is later, to submit the required information. This would allow land use applications, which are currently on hold pending corrected information from the applicant, to remain valid for a longer period of time, giving the applicant more time to prepare a resubmittal. 2. For building permit applications: applications submitted on or after July 1, 2007, and before October 1, 2009, would expire by limitation on June 30, 2010, if the project permit applied for has not been issued by June 30, 2010. No further extension would be granted. This would allow permit applications that are vested to the 2006 International Building Code (current edition) to remain valid until the 2009 International Building Code is adopted. 3. For issued building permits: a building permit issued on or after July 1, 2007, and before January 1, 2010, would remain valid if the work authorized by the permit is commenced on or before December 31, 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. This would give applicants an extra 180 days to start work authorized by an issued building permit. i i MEMORANDUM: Planning & Economic Development Committee April 7, 2009 Page 3 These proposed changes would not require notice to applicants, written requests, evaluation of request validity, or documentation by staff. The extensions would automatically be given to applications/permits that fall within the above timelines. The SEPA Responsible Official has determined that the proposal is procedural in nature and therefore exempt from further SEPA analysis according to WAC 197-11- 800(19) and (20) and KCC 11.03.200. CA/KH/pm P:\Planning\PEDC\2009\Staff Reports\4-13-09\041309_PermitExtensionMemo.doc Attach: Proposed Ordinance cc: Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP, Planning Manager Project File ZCA-2009-3 i 400 11� KENT W A 5 H I N G T O N PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 13, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. Danielson joined the meeting at 5:15 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Albertson SECONDED with Danielson's concurrence to approve the Minutes of March 9, 2009. Motion CARRIED 3-0. 2. PERMIT TIMELINE EXTENSIONS CODE AMENDMENT ORDINANCE Building Official Bob Hutchinson and Planner Katie Heinitz explained that this proposal amends Chapters 12.01 and 14.01 of the Kent City Code (KCC) to extend the resubmittal time periods for land use and building permit applications, as well as to extend the validity periods of issued building permits. Hutchinson and Heinitz explained that providing time extensions for applications and permits may help facilitate economic recovery; could help the construction industry withstand the economic downturn and help them bounce back quicker once economic conditions improve. Heinitz stated that these proposed changes are automatic and do not require individual notification to applicants of the time extensions. She stated that there is a sunset clause associated with this proposal. Hutchinson stated that the 2009 Building Code will go into effect July 1, 2010, but will not affect the applications under this proposal, as those applications would be vested under the current Building Code. Hutchinson, Heinitz and Planning Manager Charlene Anderson addressed Clark's concerns about public notification of projects. Anderson responded to Clark with respect to the prioritization of project review. In response to Albertson, Hutchinson stated that the 2009 Building Code will require residential sprinkler suppression systems unless otherwise amended by the State Building Code Council. Anderson stated that the city would not incur any financial impacts by increasing the resubmittal period to 180 days. Chair Albertson declared the Public Hearing Open. Garrett Huffman, South King County Master Builders Association, 335 116th Ave SE, Bellevue, WA 98004 voiced his support for extending the resubmittal timelines. i Seeing no further speakers, Clark moved and Danielson seconded a motion to close the Public Hearing. Motion Carried 3-0. Clark Moved to recommend the City Council adopt the proposed ordinance, approving the extension of timelines for permit application resubmittals and the period of validity of issued permits as recommended by staff in code amendment file # ZCA-2009-3. Danielson Seconded the Motion. Motion Carried 3-0. I 3. MULTIFAMILY DWELLING TAX EXEMPTIONS PROGRAM Economic Development Director Ben Wolters explained that staff is proposing changes to the tax exemption incentive program to include rental housing. Planner Diamatris Winston stated that the purpose of this program is to achieve growth management goals and that this proposal applies to Urban Centers which is predominately located in Kent's Downtown DCE, DC, GC, GC-MU, and M2 areas. He stated that Kent adopted their existing program in 1998; and that the state reduced the property tax exemption from a 10-year to an 8-year exemption for creating four or more new units of housing in 2007. Winston stated that applications accepted for the construction of new multi-family housing must include a minimum of thirty (30) new housing units within a multi- story structure(s). He stated that a five (5) year sunset provision is in place to allow the City to reassess the program's effectiveness. Economic Development Director Ben Wolters gave a power point presentation that summarized the major changes to the City's program. He stated that the typical building would be from 3 to 7 stories in height, built to fit within an urban environment. Moved to approve Ordinance No amending Kent City Code 3.25 related to Multifamily Dwelling Tax Exemptions. Adjournment Chair Albertson adjourned the meeting at p.m. Pamela Mottram Planning & Economic Development Committee Secretary P\Planning\PEDC\2009\Minutes\Apr-13-09_PEDC_Min doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 12.01 of the Kent City Code, entitled "'Administration of Development Regulations," and chapter 14.01 of the Kent City Code, entitled "Building Codes," to allow extensions of deadlines for land use and building permit applications and deadlines for building permits that have been issued. RECITALS A. The current slowing of the United States economy and downturn in new home sales has limited the ability of developers and new home builders to obtain credit and to build and sell their products. As a result, the Master Builders Association of King County, on behalf of their members, has requested regulatory relief in the form of the extension of expiration deadlines for land use and building permit applications and expiration deadlines for permits that have been issued. The City of Kent recognizes the need for such extensions beyond what is normally allowed under the Kent City Code in light of the current economic slowdown. B. Titles 12 and 14 of the Kent City Code include provisions for the processing, issuance, and expiration of permits and permit applications. The City of Kent has determined that temporarily extending 1 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 j the deadlines for permits and permit applications would be in the best interest of the citizens and property owners of the City of Kent. t C. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. D. On 2009, the City requested expedited review from the state of Washington under RCW 36.70A.106 of the City's intent to yy adopt amendments to chapter 12.01 and 14.01 KCC. Approval for 1 expedited review was granted on , 2009. - 1 E. A public hearing was held by the City Council's Planning and ' Economic Development on April 13, 2009, and the City Council adopted these amendments at its meeting on April 21, 2009. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 1 5 SECTION 1. - Amendment. Section 12.01.110 of the Kent City Code is amended as follows: Sec. 12.01.110 Procedure for complete, but "incorrect applications." 4 2 I Extension of Deadlines Amend KCC 12.01 and KCC 14.01 j i i A. Following a determination of a complete application and the commencement of project review, the city may make a determination in writing that some information is incorrect, and that corrected information be submitted. The applicant shall have up to ninety (90) calendar days to submit corrected information (the "resubmittal period"). B. The city shall have fourteen (14) calendar days to review the submittal of corrected information. If the corrected information is still not sufficient, the city shall notify the applicant in writing that the submitted information is incorrect, and the resubmittal period tif��-set forth in subsection (A) of this section shall be repeated. This process may continue until complete or corrected information is obtained. C. If the applicant either refuses in writing to submit corrected information or does not submit the corrected information within the resubmittal period , the application shall lapse. Q. Provided however, that applications that are within the resubmittal period as of May 21, 2009; or which become subject to the resubmittal period after May 21, 2009 and before December 31, 2009, shall have until December 31, 2009 or the end of the resubmittal period, whichever is later, to submit the required information. E-D. If the requested corrected information is sufficient, the city shall continue with project review, in accordance with the time calculation exclusions set forth in KCC 12.01.180. SECTION 2, - Amendment. Section14.01.030 of the Kent City Code is amended as follows: 3 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 J . Sec. 14.01.030 Amendments to the International Building Code. The following local amendments to the International Building Code previously adopted in KCC 14.01.010 are hereby adopted and incorporated into the International Building Code: A. General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new subsection 101.5: Sec. 101.5. Building code appendices adopted. Appendices C and J to the International Building Code are hereby adopted; however, the public works director shall t have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." i B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new } subsection 104.12: i i Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and 1 enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. I 4 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 1 C. Permits - Expiration of project permit application. Section 105 of the International Building Code, entitled "Permits," is amended by substituting subsection 105.3.2 with the following: Sec. 105.3.2. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee. D. Permits - Extension of expiration of project permit fime 'imi'at4e~ en application. Section 105 of the International Building Code, entitled "Permits," is amended by adding the following subsection 105.3.3: 5 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 i Sec. 105.3.3. Notwithstanding the provisions of subsection 105.3.2, a fully complete project permit application submitted on or after July 1, 2007 and before October 1, 2009, shall not expire by limitation according to the provisions of subsection 105.3.2, but shall expire by limitation on June 30, 2010, if the project permit applied for has not been issued by June 30, 2010. No further extension will be granted. 1 E. Permits - Extension of time to commence work under building permit. Section 105 of the International Building Code, entitled "Permits," is amended by adding the following new subsection 105.5.1: 1 Section 105.5.1. Notwithstanding the provisions of r subsection 105.5, a building permit issued on or after July 1, 2007 and before January 1, 2010, shall remain valid if i the work authorized by such permit is commenced on or i before December 31, 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. i 1 DF. Board of appeals. Section 112 of the International Building Code, entitled "Board of Appeals," is amended by substituting Section 112 with the following: Sec. 112. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order 1 to hear and decide appeals of orders, decisions, or i I 6 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 i 1 determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.100. €G. Additional height increases. Section 504 of the International Building Code, entitled "Height," is amended by adding the following new subsection 504.4: Sec. 504.4. Additional height increases. For Group B or Group R, Divisions 1 and 2 Occupancies, the permitted increase of one story allowed by subsection 504.2 may be increased to two stories when all of the following conditions are met: 1. An automatic fire sprinkler system complying with Section 903.3.1.1 is installed throughout with the installation of quick response sprinkler heads in all areas where the use of these heads is allowed. i 2. Vertical exit enclosures are constructed as smokeproof enclosures or pressurized stair enclosures in accordance with Section 909.20. 3. Standby power is supplied for light, emergency, and any exit enclosure pressurization systems used, as provided in Sections 403.10 and 909.20.6.2, and the adopted edition of the National Electrical Code. Connection ahead of service disconnect means shall be permitted for standby power. 7 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 4. Walls separating dwelling units or sleeping units, and corridor walls in Group R, Divisions 1 and 2 Occupancies shall be constructed as 1-hour fire partitions as provided in Section 708. Reduction of the fire-resistance rating is not permitted. 5. All exterior walls, including those with a fire separation distance of more than five feet, shall be of not less than 1- hour fire-resistance rated construction on the interior and the exterior of the wall. 6. Structural observation is provided during construction in accordance with Sections 1702 and 1709.1. 7. An emergency voice/alarm communication system complying with subsections 907.2.12.2 through 907.2.12.2.3 is installed, t 8. Approved supervised indicating control valves shall be provided at the point of connection to the automatic fire sprinkler system riser on each floor. 9. Structures meeting the requirements of this subsection shall have an automatic sprinkler zone per floor. All zones must report independently.' SECTION 2. - Amendment. Section 14.01.040 of the Kent City Code is amended as follows: Sec. 14.01.040 Amendments to the International Residential Code. The following local amendments to the International Residential Code previously adopted in KCC 14.01.010 are hereby adopted and incorporated into the International Residential Code: ■ 8 Extension of Deadlines _ Amend KCC 12.01 and KCC 14.01 A. Duties and powers of building official - Lot lines and setback lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection R104.12: Sec. R104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. B. Permits - Substantially improved or substantially damaged existing buildings in areas prone to flooding. Section R105 of the International Residential Code, entitled "Permits," is amended by substituting subsection R105.3.1.1 with the following: Sec. R105.3.1.1. Substantially improved or substantially damaged existing buildings in areas prone to flooding. The building official may require that all applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding be submitted in accordance with Ch. 14.09 KCC. C. Permits - Expiration of project permit application. Section R105 of the International Residential Code, entitled "Permits," is amended by substituting subsection R105.3.2 with the following: 9 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 a Sec. R105.3.2. Expiration of project permit application. + Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be I returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee. D. Permits - Extension of time limitation on application. C Section R105 of the International Residential Code entitled "Permits " is amended by adding the following new subsection R105.3.3: ( i Sec. R105.3.3. Notwithstanding the provisions of subsection R105.3.2, a fully complete project permit application submitted on or after July 1, 2007 and before October 1, 2009, shall not expire by limitation according to the provisions of subsection R105.3.2, but shall expire by limitation on June 30, 2010, if the project permit 10 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 f applied for has not been issued by June 30, 2010. No further extension will be granted. E. Permit - Extension of time to commence work under building permit Section R105 of the International Building Code, entitled "Permits," is amended by adding the following new subsection R105.5.1: Sec R105 5 1 Notwithstanding the provisions of subsection R105 5 a building permit issued on or after July 1, 2007 and before January 1, 2010, shall remain valid if the work authorized by such permit is commenced on or before December 31 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. DF. Fees - Building permit valuations. Section R108 of the International Residential Code, entitled "Fees," is amended by substituting subsection R108.3 with the following: Sec. R108.3. Building permit valuations. The permit applicant shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor, for which the permit is being issued. (The work would include, for example and without limitation, electrical, gas, mechanical, and plumbing equipment and other permanent systems.) If the building official decides that 11 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 the permit valuation is underestimated, the permit application shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. GE. Certificate of occupancy. Section R110 of the International Residential Code, entitled "Certificate of Occupancy," is hereby repealed. Hf. Board of appeals. Section R112 of the International ' Residential Code, entitled "Board of Appeals," is amended by substituting Section R112 with the following: Sec. R112. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. Any appeal to an order, decision, or determination of the public works director with respect to work within a flood hazard area shall be made in accordance with Ch. 14.09 KCC. SECTION 4. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 12 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 200_. APPROVED: day of , 200_. PUBLISHED: day of , 200_. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 13 Extension of Deadlines Amend KCC 12.01 and KCC 14.01 Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6G 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION MINI-GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission Mini-grant in the amount of $800, and authorize the Police Chief to sign all necessary documents. The grant will be used to pay for class fees, meals, and lodging for three Kent Police Department instructors and two officers to attend the advanced motorcycle officer training scheduled for June 3-5, 2009, and hosted by the Bellevue Police Department. Funding is on a reimbursement basis. 3. EXHIBITS: Award notification dated 3/4/09 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: g9'd1g 4 f ANASHIINCTON TRAFFIC SAFETY COPS MISSf0(°,! 621 882 Avenue,SE,Suite 409,PO Box 40944 o Olympia, Washington 98 04-.0•944 (360) 753-6197 4 March 2009' Cesi Velez Kent Police Department - Drinking Driver Task Force 220 - 4r" Avenue South Kent, Washington 98032 Dear Cesi: On behalf of the Washington Traffic Safety Commission, I am pleased to inform you that the. Kent Police Department has been awarded a mini-grant in an amount not to exceed $800.00 to pay for class fees, meals and lodging for three Kent Police Department instructors and two officers for the advanced motorcycle officer training scheduled for June 3- 5, 2009. Your agency must pay the costs of the training using its normal procedures. Your agency should then submit an invoice for reimbursement to me. Please use the following reimbursement procedure: 1. Your agency must be billed for the costs of the training.. 2. Your agency must pay the costs. 3. Your agency must submit the attached Invoice Voucher (A19-1A Form) along with proof of payment to me at the Washington Traffic Safety Commission for reimbursement. 4. Your agency will be reimbursed when the A-19 Form and proof of payment are received in our office. I am sure your motors unit will put the training to good use. If I can be of Further assistance, please contact me by telephone at 360.725.9890 or by email at pnerup@wtsc.wa.gov. Sincerely, Penny Nerup, Program Manager Police Traffic Services and Speeding Programs Kent City Council Meeting Date_ April 21, 2009 Category Consent Calendar - 6H 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission Grant in the amount of $15,000, and authorize the Mayor to sign all necessary documents. The grant will be used for overtime costs associated with special emphasis patrols to deter illegal street racing activities. Funding is on a reimbursement basis. 3. EXHIBITS: Award letter from WTSC dated 3/11/09 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: STATES p� O4, 1 ,i py 7yt iaao� STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 621 8th Avenue SE,Suite 409,PO Box 40944 ® Olympia, Washington 98504-0944 (360) 7,53-6197 11 March 2009 Sergeant Rafael Padilla Kent Police Department 220 — 4th Avenue South Kent, Washington 98032 Dear Sgt._P-a�dll15: On behalf of the Washington Traffic Safety Commission, I am pleased to inform you that the Kent Police Department has been awarded a grant in an amount not to exceed $15,000.00 to pay for overtime for law enforcement engaged in two large scale street racing sweeps. Your agency must pay the overtime using its normal procedures. Your agency should then submit an invoice for reimbursement to me. Please use the following reimbursement procedure: 1. Your agency must be billed for the costs of the overtime. 2. Your agency must pay the costs. 3. Your agency must submit the attached Invoice Voucher (A19-1A Form) along with proof of payment to me at the Washington Traffic Safety Commission for reimbursement. 4. Your agency will be reimbursed when the A-19 Form and proof of payment are received in our office. I appreciate your persistence in dealing with this on-going speeding problem in the industrial area of Kent. Please keep me posted on your results. If I can be of further assistance, contact me by telephone at 360,725.9890 or by email at pnerup@wtsc.wa.gov. Sincerely, Penny Nerup, Program Manager Police Traffic Services and Speeding Programs Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6I 1. SUBJECT: BULLETPROOF VEST PROGRAM GRANTS - ACCEPT 1 2. SUMMARY STATEMENT: Accept the Bureau of Justice Assistance Bulletproof Vest (BVP) grants in an amount not to exceed $11,444.56, and authorize the Mayor to sign all necessary documents. ' This federal program funds 50% of the costs for new and replacement bulletproof vests for police officers. Funds from FY 2005-2007 remain available for vest reimbursement for the police department as noted below. 2005 $ 3,710.00 2006 $ 3,867.56 2007 $ 3,867.00 Total $ 11,444.56 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 63 1. SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Auto Theft Prevention Authority reimbursement grant in an amount not to exceed $39,170, and to authorize the Mayor to sign all necessary documents. The grant will be used to purchase one additional Automated License Plate Reader (ALPR), computer hardware, and software upgrades necessary to run and store the large volume of data generated by this equipment. Funding is on a reimbursement basis. The award is funded by $10 of every traffic citation from across the state, which has been directed to WATPA. 3. EXHIBITS: Award notification from WATPA dated 3/20/09 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: WAiSHINGTON AUTO THEFT PREVENTION AUTHORITY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101—Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Website:littp:Hwatpa.waspe.org 'preventing and reducing ntotor vehicle theft and other associated crime in the State of Washington" W!3 sAT Wash6 gton Ado Theft PtevenUo AuihodV March 20, 2009 Chief Steven Strachan Kent Police Department 220 4th Avenue S Kent, WA 98032 Dear Chief Strachan: I am pleased to inform you that the Washington Auto Theft Prevention Authority(WATPA)has approved an award of$39,170.00 for the Tools for Fighting Auto Theft Crime. The grant award is effective March 19, 2009 and expires on June 30, 2009. If your award includes funding for an automated license plate recognition device, the WATPA expects you to adopt an ALPR use policy prior to deploying the equipment. We highly encourage you to develop your policy based on the ALPR Model Policy of the Washington Association of Sheriffs and Police Chiefs (WASPC). It can be found on the WASPC website at www.waspe.org. Enclosed is an award agreement. This agreement is to be signed and returned to the WATPA. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. In addition, the grant award is subject to all Grant Policies and Procedures of the Washington Auto Theft Prevention Authority(available on the WATPA website at http://watpa,wasi)c.org), Costs will be paid on a reimbursement basis. Appropriate invoices and receipts are to be submitted no more than once each month. You will be reimbursed for actual expenses only up to the limit of the award. Congratulations on your grant award approval. We look forward to seeing positive outcomes from your efforts toward improving the motor vehicle theft problem in Washington State, SincerelyAyonExecutive Ji LaM Director Washington Auto Theft Prevention Authority Encl: Award Agreement cc: John Pagel,Patrol Lieutenant 11'ashinglon Altto Theft Prevenflon Authority JOHN BATISTE EMIL DAMMEL HARVEY GJESDAL KEN HOHENBERG JOHN LOVICK Chlef—II IA State Pahvl Insurance htdustty Sheri Dolughts C011114' Chlef—Kenneo•lek SherIlf—Shohmnish County MERLE PFICFCR DON PIERCE DAN SATTERBERG STEVE STRACHAN MICHACL WEST CeneralPuhlic ErecuNreDhrctor-IIASPC PmsechtingAttorney—KingCouno, Chlef—Kent Auionulhilehuhtaup JIM LAMUNYON Esecutire Dlreclar-IIATPA ti AGREEMENT BETWEEN KENT POLICE DEPARTMENT AND WASHINGTON AUTO THEFT PREVENTION AUTHORITY WASHINGTON AUTO THEFT AUTO THEFT PREVENTION PREVENTION AUTHORITY EQUIPMENT/TECHNOLOGY GRANT 1. Award Recipient Name and Address: 5. Amt. Approved i Kent Police Department $39,170.00 220 4th Avenue S Kent, WA 98032 6. Contact: Steven Strachan 2. Project Title Title: Chief Tools for Fighting Auto Theft Telephone: 253-856-5888 Crime 7. Award Period: 3. Tax Identification No: 03/19/09 - 06/30/09 8. Funding Authority: i 4. Grant No: WASHINGTON AUTO THEFT 09-ET-WATPA-009 PREVENTION AUTHORITY 9. Service Area: King Requests for reimbursement under this agreement are subject to the following budget: 10. EQUIPMENT &TECHNOLOGY $39,170.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. FOR THE WATPA: a6 10 VaM Date unyon, Executive Director WATPA d i FOR THE RECIPIENT Signattare Date Print Nanae/Title AGREEMENT NO. 09-ET-WATPA-009 WASHINGTON AUTO THEFT PREVENTION AUTHORITY INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Auto Theft Prevention Grant Program This AGREEMENT is entered into by and between the WASHINGTON AUTO THEFT PREVENTION AUTHORITY (hereinafter referred to as the WATPA, and the Kett Police Department(hereinafter referred to as the RECIPIENT). NOW, THEREFORE, in consideration of the covenants,performances, and promises contained herein, the parties hereto agree as follows: FUNDING SOURCE Funding for this AGREEMENT is provided to the Washington Auto Theft Prevention Authority from the State of Washington Treasury, Washington Auto Theft Prevention Authority Account. Funding awarded to the RECIPIENT shall not exceed the amount reflected in item 5 of the AGREEMENT Face Sheet. SCOPE OF SERVICES The RECIPIENT shall use the state fiends awarded hereunder solely for salary and benefits, goods and services, and travel and other essential costs to support the purposes further defined in the final and approved Activities Narrative, Performance Measurement, and Budget documents of its grant application. SCOPE OF WORK The RECIPIENT shall seek to implement the activities and to achieve the goals and objectives specified in its final approved activities, performance measurement, and budget proposals as well as the program SPECIAL CONDITIONS, Attachment A, which by reference are incorporated into this agreement. SCOPE OF WORK REVISIONS The RECIPIENT shall submit to the WATPA a written request to effect any significant change to its proposed activities or budget. Such requests shall be accompanied by a revised activities narrative, budget or other supporting documents, and shall be approved by the WATPA before the activities supporting the revisions qualify as part of the SCOPE OF SERVICES. I l Special Conditions Washington Auto Theft Prevention Authority Grant Award 1 1. The funding under this project is for the purchase of equipment and technology. i 2. Recipients of ALPR funding are expected to adopt an ALPR use policy prior to deployment of the equipment. You are highly encouraged to use the WASPC model policy found at www.waspc.org as a guide. 3. In order to assist the WATPA in the monitoring of the award, your agency will be i responsible for submitting quarterly Program Progress Reports. 4. The WATPA may conduct periodic reviews or audits (program and financial) of the Auto Theft Grant Program. The grantee agrees to cooperate with the auditors. 5. The grantee agrees to abide by the terms, conditions and regulations as found in the Washington Auto Theft Prevention Authority Grant Policies and Procedures. 6. The grantee agrees that no WATPA funding for grant activities will be used to supplant funding from other sources that is available for auto theft prevention. I i ' I a i I I Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6K 1. SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY PATROL TASK FORCE GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Auto Theft Prevention Authority grant on behalf of the Patrol Task Force in an amount not to exceed $34,638, and authorize the Mayor to sign all necessary documents. The Kent Police Department will serve as the fiscal agent for the WATPA grant in an amount not to exceed $34,638. The grant was awarded to the Preventing �j Auto Theft through Regional Operational Links (PATROL) Task Force. The grant was submitted by the Auburn Police Department on behalf of the PATROL Task Force which is comprised of many South King County law enforcement agencies, King County Prosecutor's Office, and two North Pierce County police agencies. The grant will fund personnel and equipment for the PATROL Task Force. Funding is on a reimbursement basis. The award is funded by $10 of every traffic citation from across the state, which �i has been directed to WATPA. 3. EXHIBITS: Award notification from WATPA dated 3/20/09 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 03/24/2009 13:40 FAX 2530356739 Federal Way Police 001/004 WASI'IINCiTON ASSOCIATION OF 5I'IL'Itihlr5 AND MUCH CHIEFS 3060 Willamette Dove NG,Suite 101—Lacey,WA 98516—Phonc:(160)292-7900.-Fax:(360)292.7269 Website:hap://wtltpa.wunpo.or8 "pec)vendhg and raducing motor vehicle theft.and,other associated crime in the State of Washington" March 20, 2009 KYrANI eeAme rngPnnnuan Au he h, Chief 131xan Wilson PATROL Task Force 33325 8th Ave., S PO Box 9718 Federal Way, WA 98063-9718 Dear Chief Wilson: I am pleased to inform you that the Washington Auto Theft Prevention Authority(WATPA)has approved an award of$34,638.00 for the:Tools for Fighting Auto Theft:Crime, The grant award is effective March .19,2009 and expires on June 30,2009, If your award includes funding for an automated license plate recognition device,the WATPA expects you to adopt an ALPR use policy prior to deploying the equipment. We highly encourage you to develop your policy based on the ALPR Model Policy of the Washington Association of Sheriffs and Police Chiefs (WASPC). It can be found on the WASPC websito at www.waspe.or . Enclosed is an award agreement, This agreement is to be signed and returned to the WATPA, No funds will be reimbursed until the signed agreement is received, Expenditures prior to the award offootive date or after the grant expiration date are not authorized and will not be reimbursed, In addition,the grant award is subject to all Grant Policies and Procedures of the Washington Auto Theft Prevention Authority(available on the WATPA website at httu://watlpa.wast)c.or). Costs will be paid on a reimbursement basis. Appropriate invoices and receipts are to be submitted no more than once each month, You will be reimbursed for actual expenses only up to the limit of the award. Congratulations on your grant award approval, We look forward to seeing positive outcomes from your efforts toward improving the motor vehicle theft problem in Washingtaz, State, Sincerely, W n,Executive Tirector uto Theft.Prevention Authority Encl:Award Agreement cc: John Pagel, patrol Lieutenant Warhlnslon Arrla 7hg/tProvendnn Aulhnda JOHN nAVIRTR EMIL DAMMEL IIAKVEY GJRhhAI, KILN 11014ENDORG JOHN LOVICK Chlglf-WASrrlydP110VI lnsurnnrulndwin, Shrrl(F-oadgldrColinpr G7Ugt—Kenhewlek Sheriff-Snohom6nccovo, MERLE PREPHR DON PIRRCB DAN 3A'ITHRULHG STUIUVI'RAC'HAN MICHARL WRs7' GrnrrulPuhlic E.YeCUlhJAlvAirnr-141ASP(': Ym,•eeuringAunrney-King Cam, Chlq(--Krn( Adionlublle Indonly Jim LArOuNVON &VeNtive l)h'eerpr-AA`tPA 08/24/2009 13:48 FAX 2538356733 Federal Way Police (2 002/004 AGREEMENT BETWEEN PATROL TASK FORCE AND WASHINGTON AUTO � THEFT PREVENTION AUTHORITY � WASHINGTON AUTO THEFT AUTO}THEFT PREVENTION l PREVENTION AUTHORITY EQUIPMENT/TECHNOLOGY GRANT 1. Award Recipient Name and Address: S. Amt.Apprpvcd PATROL Task Force $34,638.00 33325 8th Ave.,S PO Box 9718 6. Contact: Brian Federal Way,WA,98063-9718 Wilson Title: Chief 2. Project Title Telephone: 253.835.6701 Tools for Fighting Auto Tbeft Crime 7. Award Period: 03/19/09-06/30/09 3. Tax Identification No: 8, Funding Authority: WASHINGTON AUTO THEFT � 4. Grant No: PREVENTION AUTHORITY 09-ET-WATPA-007 9, Service Area: King RQquests for reimbursement under this agreement are subjeot to the following budget: � 10, EQUIPMENT &TECHNOLOGY $34,63$.00 IN WITNESS WHEREOF,the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have excouted.this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the infom)ation 0#1 this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. FOR THE WATP I , d a l Signat re Date Jim 6�Muny(Qn, Executive Director WATPA FOR THE RECIPIENT i Signature Date I Print Nan&lMlo i 02/24/2008 12:48 FAX 2538356730 Federal Way Police 1@ 003/004 AGREEMENT NO. 09-ET-WA,'XPA,-007 WASHINGTON AUTO THEFT PREVENTION AUTHORITY INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Auto Theft)Prevention Grant Program This AGREEMENT is entered into by and between the WASHINGTON AUTO THEFT PREVENTION AUTHORITY (hereinafter referred to as the WATPA), and the PATROL Task Force(hereinafter referred to as the RECIPIENT). NOW,THEREFORE, in consideration of the covenants,performances, and promises contained herein,the parties hereto agree as fellows: FUNDING SOURCE Funding for this AGREEMENT is provided to the Washington Auto Theft Prevention Authority from the State of Washington Treasury,Washington Auto Theft Prevention Authority Account. Funding awarded to the RECIPIENT shall not exceed the amount reflected in item 5 of the AGREEMENT Face Sheet, SCOPE OF SERVICES The RECIPIENT shall use the state funds awarded hereunder solely for salary and benofits, ;pods and services, and travel and other essential costs to support the purposes further defined in the final and approved Activities Narrative, Performance Measurement, and Budget documents of its grant application. SCOPE OF WORK. The RECIPIENT shall seek to implement the activities and to achieve the goals and objectives specified in its final approved activities,perfbnnance rneasurometxt, and budget proposals as well as the program SPECIAL CONDITIONS, Attachment A,which by reference are incorporated into this agreement. SCOPE OF WORK.REVISIONS The RECIPIENT shall submit to the WATPA a written request to effect any significant change to its proposed activities or budget. Such requests shall be accompanied by a revised activities narrative,budget or other supporting documents, and shall be approved by the WATPA before the activities supporting the revisions qualify as part of the SCOPE OF SERVICES. V-�1'L4/20va 13:48 FAX 2638356739 Federal Wiy Police IA004/004 I Special Conditions Washington ton Auto Theft Prevention Authority Grant Award I. The funding under this project is for the purchase of equipment and technology, 2. Recipients of ALPR funding are expected to adopt an ALPR use policy prior to deployment of the equipment. You are highly encouraged to use the WASPC model policy found at www.wasnc.ora as a guide. 3. In order to assist the WATPA in the monitoring of the award,your agency will be responsible for submitting quarterly Program Progress Repoxta. 4. The WATPA may conduct periodic reviews or audits(program and t'wanolal)of the Auto Them Grant Program. The grantee agrees to cooperate with the auditors. 5. The grantee agrees to abide by the terms, conditions and regulations as found in the Washington Auto Theft Prevention Authority Grant Policies and Procedures. 6. The grantee agrees that no WATPA funding for grant activities will be used to supplant funding from other sources that is available for auto theft prevention. r l I I i ' Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6L 1. SUBJECT: MUCKLESHOOT CASINO DONATION - ACCEPT ' 2. SUMMARY STATEMENT: Accept the Muckleshoot Casino donation in the amount of $5,000 to the Kent Police Department, Volunteers in Police Services (VIPS), and authorize the Police Chief to sign all necessary documents. ' One of the programs that will benefit from this donation is the Hands of Friendship. This program provides homebound seniors in the City of Kent who are visited by YIPS members with holiday gift baskets. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6M 1. SUBJECT: CORRECTIONS FACILITY PROGRAMS AND POLICE DEPARTMENT FEES RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. , which repeals Resolution No. 1793, readopts a new fee schedule for the Kent Corrections Facility Programs and the Kent Police Department, and allows staff to waive program fees for indigent inmates. The Kent Police Department requests the City Council adopt a new fee schedule to include a provision that allows staff to waive program fees for indigent inmates who qualify for program participation, but are otherwise unable to participate because they cannot afford the program fees. Greater program access will have a direct beneficial effect on the daily population at the Kent Corrections Facility. ' Other than providing for this fee waiver for indigent inmates, all fees established through Resolution No. 1793 remain unchanged by the proposed resolution. 3. EXHIBITS: Resolution and 4/14/09 Memo to the Public Safety Committee 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 W A S H I N O T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 April 14, 2009 To: Public Safety Committee From: Arthur "Pat" Fitzpatrick Regarding: Resolution Adopting Fee Schedule for Kent Corrections Facility Programs and the Kent Police Department - Waiver for Indigent Inmates MOTION: Recommend Council adopt the proposed resolution which repeals Resolution No. 1793 and readopts a new fee schedule for the Kent Corrections Facility Programs and the Kent Police Department, which allows staff to waive program fees for indigent inmates. SUMMARY: Through it adoption of Resolution No. 1793 on August 19, 2008, the Kent City Council established various fees for Kent Corrections Facility programs and the Kent Police Department. The Kent Police Department requests the City Council adopt a new fee schedule, which includes a provision that allows staff to waive program fees for indigent inmates who qualify for program participation, but are otherwise unable to participate because they cannot afford the program fees. Greater program access will have a direct beneficial effect on the daily population at the Kent Corrections Facility. Other than providing for this fee waiver for indigent inmates, all fees established through Resolution No. 1793 remain unchanged by the proposed resolution. BUDGET IMPACT: None. 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1793, and readopting a fee schedule for the Kent Corrections Facility Programs and fees of the Kent Police Department. RECITALS A. Through its adoption of Resolution No. 1793 on August 19, 2008, the Kent City Council established a number of fees for the Kent Corrections Facilities programs and the fees for the Kent Police Department. These fees were established by resolution rather than by ordinance so that the fees could be adjusted by Council without amending the text of the Kent City Code. B. The Kent Police Department has requested that the Kent City Council adopt a new fee schedule, which specifically provides that staff may waive, at their discretion, program fees in order for those programs to be made available to the indigent, poor, or infirm who would otherwise qualify, or to more effectively manage the inmate population at the Kent Corrections Facility. Other than providing for this fee waiver, all fees established through Resolution No. 1793 remain unchanged by this new resolution. 1 Fees Relating to Kent Corrections Facility Programs and Kent Police Department i I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: I RESOLUTION SECTION 1. - Repealer - Resolution No. 1793. Resolution No. 1793, adopted by Council on August 19, 2008, is hereby repealed in its entirety. SECTION 2. - Fee Schedule and Fee Schedule Notes. The fee schedule attached and incorporated as Exhibit A is hereby adopted and established as the fee schedule for the City of Kent Corrections Facility Programs and the City of Kent Police Department. SECTION 3. - Savings. All fees previously charged shall remain in full force and effect until the effective date of this resolution. 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. SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. l I I 2 Fees Relating to Kent Corrections Facility Programs and Kent Police Department SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of April, 2009. CONCURRED in by the Mayor of the City of Kent this day of April, 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 April, 2009. BRENDA JACOBER, CITY CLERK P:\Civl I\Resol ution\Corrections-Police Depa rtmen t-FeesEsta blished.doc 3 Fees Relating to Kent Corrections Facility Programs and Kent Police Department i I EXHIBIT A . KENT KENT CORRECTIONS FACILITIES PROGRAM j AND KENT POLICE DEPARTMENT FEES SCHEDULE (Effective 04/_/09) Approved by Resolution No. KENT CORRECTIONS FACILITY PROGRAM FEES:* Type of Fee Fee Program Application Fee (Kent Defendant) $30 per application Program Application Fee (Outside Agency Defendant) $40 per application Home Detention (Kent Defendant) $20 per day Home Detention (Outside Agency Defendant) $50 per day Work Release (Kent Defendant) $35 per day Work Release (Outside Agency Defendant) $50 per day Day Detention (Kent Defendant) $10 per day Day Detention (Outside Agency Defendant) $50 per day i Waiver: The corrections facility may, at its sole discretion, waive all or any portion of the program fees in order to make such programs available to the indigent, poor, or infirm, or in order to effectively manage the inmate population of the jail. KENT POLICE DEPARTMENT FEES: Type of Fee Fee Traffic School $100 per student i Fingerprinting Services (City of Kent Resident) $10 1 i Fingerprinting Services (Non-Resident) $15 j I i I Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6N 1. SUBJECT: PURCHASE OF PANASONIC TOUGHBOOK COMPUTERS - APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods and Services Agreement with CDW-G Corporation in the amount of $199,576.28 to purchase 50 Panasonic CF-19 Toughbook Computers, subject to final terms and conditions acceptable to the City Attorney. Information Technology has evaluated and identified a replacement solution for the Kent Police Department's Mobile Data Computer fleet for its patrol cars. CDW Government, Inc. has been selected as the vendor to supply 50 Panasonic CF-19 Toughbook Computers for a total delivered price not to exceed $199,576.28. As part of the 2009 annual budget, $195,000 was approved to fund the replacement of Police and Fire Mobile Data Computers on a 4-year schedule. This project is budgeted for in two budget areas: 1) Police Capital Projects MDC Replacement Fund: $195,000 2) City IT PC Replacement Fund: $64,200.97 3. EXHIBITS: Goods and Services Agreement with CDW-G Corporation 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: • KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and CDW Government, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CDW Government, Inc. organized under the laws of the State of Illinois, located and doing business at 230 N. Milwaukee Avenue, Vernon Hills, IL 60061, (312) 705-9139 (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: Fifty (50) Panasonic CF - 19 Toughbook SU 9300 Computers, with 160GB Hard Drive, 2 GB RAM, with MS Windows XP Service Pack 2. Panasonic Part Number PNB-CF-I9KHRAXAM; and Fifty (50) Panasonic Toughbook Pro Plus 5 year warranty - Panasonic Part Number PAW-CF-SVCLTNF5Y. This warranty must be a genuine warranty issued by Panasonic, and must allow the City to seek service under the terms of the warranty at any authorized Panasonic Toughbook Service Center. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1, 2009. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $199,576.28, 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: Vendor will be paid within thirty (30) days following the City's receipt of all goods purchased by this Agreement, receipt of manufacturer's written authorization to assign Vendor's warranties to the City, and the City's receipt of a proper invoice from Vendor. GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) i i If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. 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. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. I 1 B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the I same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the l state Department of Revenue and other state agencies as may be required 1 by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. i F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 2 I (Over$10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. Upon payment by the City, an amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) i t 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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, I interpretations, and determination). VIII. LIMITATION OF ACTIONS. Except for matters of non-payment by the City, 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 j COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. The City acknowledges that the Vendor does not manufacture the products purchased by this Agreement and offers no warranty on any products beyond those provided by the manufacturer's warranty. However, the Vendor will assign to the City the manufacturer's standard three (3) year warranty, and the additional five (5) year warranty purchased by this Agreement, and warrants that the manufacturer will consent to that assignment. The warranties shall be those provided on Exhibits A and B, which are attached and incorporated by this reference. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, 1 discriminate against any person who is qualified and available to perform the work to which the employment relates. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) I 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 i provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the , parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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. I 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 i effective on the last date entered below. VENDOR: CITY OF KENT: i By: By: (signature) (signature) j Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Steven Diggins Shaun Northrop CDW Government, Inc. City of Kent 230 N Milwaukee Ave 220 Fourth Avenue South Vernon Hills, IL 60061 Kent, WA 98032 (866) 339-5843 (telephone) (253) 856-4627 (telephone) (312) 705-9139 (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\Open Files\0073-2009\Pana son icToughbookNotebook-REDLINEPu rchaseContract.doc GOODS & SERVICES AGREEMENT - 7 (Over$10,000,00, including WSST) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 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 f all new employees and subcontractors indicating commitment as an equal opportunity I 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. i I Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 j 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 r 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 r (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: r EEO COMPLIANCE DOCUMENTS - 3 of 3 ~ tanasoniC Toughbook standard warranty Information -- standard wa. . . Page 1 of 2 ktandard Warranty ection 1: Limited Warranty - Hardware ection 2: Limited Warranty - Software Section 3: Limited Warranty Exclusions EXHIBIT ection 1: Limited Warranty - Hardware tanasonic Computer Solutions Company (referred to as"Panasonic") will repair the products listed below with new or rebuilt parts, free of arge, in the United States or other Panasonic-designated locations. Repairs will be made for the period specified below from the date of original purchase in the event of a defect In materials or workmanship. I m Laptop computers - 3 years ■ PDRC (LCD and keyboard assemblies) - 3 years ■ MDWDs (mobile computer and wireless display assemblies) - 3 years 1: Hand-held computers (P1/P2) - 1 year 1 Arbitrator video camera - 1 year ■ Arbitrator recorder unit- 1 year toArbitrator wireless receiver unit- 1 year Arbitrator P2 card(s) (all sizes) - 1 year ■ Arbitrator wireless microphones)/transmitter- 90 days in Arbitrator system component Interconnect cables - 90 days Main Battery 1e battery supplied with the product is covered under the warranty for one (1) year from date of purchase, except as excluded in Section Batteries purchased separately are covered under the warranty for one (1) year from the date of purchase. A battery furnished under the warranty is covered for the remaining period of the one-year warranty on the original or purchased battery. tptions and Accessories he options and accessories listed below are covered under this limited warranty for the period specified from the date of purchase or as specifically stated: I■ AC adapter- 3 years s Memory card (Panasonic brand) - 3 years ■ Car mount docking station PCB - 3 years I■ Vehicle docking station - 3 years ■ Port replicator/I-O box - 3 years Is Antenna pass-through cable- 3 years ■ Backlit or full-sized keyboard - 3 years or assumes warranty of the unit in which It Is installed ■ Integrated Panasonic-supplied options and kits including, but not limited to, wireless modems, media bay drives (floppy, CD, DVD, combo), GPS, Bluetooth, smartcard reader and fingerprint readers - 3 years or assumes warranty period of the unit in which it is Installed, provided the Integration was performed by Panasonic or an authorized options Integrator ■ Hard drive (separately purchased) - 1 year ■ Optional battery - 1 year ■ Battery charger- 1 year ■ Standard or digitizer stylus pens - 90 days (physical damage excluded) �■ External USB drives (CD/DVD/floppy/hard drive) - 1 year -&top ection 2: Limited Warranty - Software Panasonic Computer Solutions Company (referred to as "Panasonic") warrants only that the disk(s)or other media on which the programs Pre furnished will be free from defects in material and workmanship, under normal use,for a period of sixty (60) days from the date of roduct delivery, as evidenced by your purchase receipt. httns: //www2 .nanasonic.com/webano/wcs/stores/servlet/TccwarrantvPri . . . 4/6/2009 Panasonic Toughbook standard warranty Information -- standard wa.-. . Page 2 of 3 This is the only warranty Panasonic makes to you. Panasonic does not warrant that the functions contained in the programs,will meet your requirements or that the operation of the programs will be uninterrupted or error-free. Panasonic shall have no obligation for any defects in the disk(s) or other media on which the programs are furnished resulting from your storage thereof or for defects that have been caused by operation of the disk(s) or other media. Panasonic's entire liability and your exclusive remedy under this warranty shall be limited to the replacement, in the United States or other Panasonic-designated locations,of any defective disk or other media which is returned to the Panasonic's Authorized Service Center, together with a copy of the purchase receipt, within the aforesaid warranty period. The customer is responsible for ensuring that all data is backed up and made secure during normal use and before sending a unit for service. A�top Section 3: Limited Warranty Exclusions Specifically excluded from the warranty are: s All consumable items such as screen protection films, logo badges, labels, cleaning cloths, carry cases, manuals, cables, straps, belts, holsters, tethers, harnesses, and any other options and accessories not listed above or covered under a separate warranty r Failures related to the product operating system, hard drive image, any software setup, software program, virus or other program(s) or file(s) on the hard drive or in any computer memory location s Failures due to BIOS settings or changes,as well as any cosmetic or physical damage to the unit ■ Any unit or device with a missing or altered model number or serial number label 4 ■ Damage which occurs In shipment L o Failures which are caused by products not supplied by Panasonic ■ Failures which result from alteration, accident, misuse, introduction of liquid or other.foreign matter into the unit,abuse, neglect, installation, maladjustment of consumer controls, improper maintenance or modification, or use not in accordance with product use Instructions ■ Failures due to service by anyone other than a Panasonic Authorized Service Provider r Damage, failure or loss due to the unit being stolen, lost, misplaced or used by anyone other than the original purchaser { s Damage that is attributable to acts of God The above warranties are extended solely to the original purchaser. A purchase receipt or other proof of date of original purchase will be required before warranty performance is rendered. This warranty only covers failures due to defects in materials or workmanship, which occur during normal use. Other Limits and Exclusions:There are no other express warranties, except as listed above. PANASONIC SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. Some states do not allow the exclusion or limitation of Incidental or consequential damages or limitations on how long an implied warranty lasts,so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. A6.top i , h-t-tnc • //►ennna) nanacnni r^ i-nm Aniohann/Inlf C /ci-nrac /corvl ot-/TfY'IAIM rr!3n1-vDr4 A/F./')OOQ :To ® r . o < i" - ' - (wada SMROFESSIONAL SERVICES by TOUGHBOOIC nib . EXH19T COVERAGE FOR UnEUNEXPECTED. �1 ®VIi RVIIE - Panasonic's Protection Plus enhances the Toughbook® computer 3-Year Standard Warranty by offering an additional layer of protection against unintentional physical damage. This warranty is designed to complement the warranty on all Toughbook laptops. All system components, excluding consumable items, are covered under Protection Plus. iry t 1✓ y dF. � u 1. <f. �t �P.�fc �t _.; a ,. {,.r r- .� S r . ��� �HH ti a',.'` "✓ }c mil''?+ .,�> "� t t4 r ftl -� � a '{ } S i o Enhance the productivity of your mobile workforce ; E9 Manage budgets more effectively by minimizing fir. out-of-warranty repair charges. As o Increase uptime for your mobile workforce by streamlining out-of-warranty coverage issues. Panasonic ideas fm life 1.800.662.3537 panasonle.com/toughbook/professional_services P F10 - e M a..:�\n::�K t M>�:F:,,hbie:7i:;�ssa>:�; Cs:x,.•< ,h7?uE Y c .��,�nrs•t:::<f:, > < F�,..rix.csz...rts:�"i„t^, :C v:,,rs7>sxy, ..ta�xs�S•s•.�'§,r^�%..ss�'r _ '<�:S^:l ,,�., ";,h; ....�..,:..,.s.:..n.,.. .> .....,:?r.y.,y...�:.. F?2�..Sia.rrTea...<, t..... s;s, _,£t rS2.. .,ro,�:. .+.1•.�...'e,;fn°[;;.;; THE TOUGH, TEAM BEHIND ` HE MACHINE:. PROFESSIONAL SERVICES by TOUGHBOO i Warranty Description The Protection Plus warranty provides your organization with added peace of mind. It covers repairs that result from accidental damage during regular use. Items not covered include damage from Intentional acts, fire, loss, theft, normal wear (cosmetic) not affecting functionality, improper maintenance, modification by anyone other than our National Service Center or a Panasonic Authorized Service Provider and damage that is attributable to acts of God. All system components, except consumable items, are covered under this warranty. Consumable items include: battery, screen protection sheet and printing on the keyboard. Panasonic may elect to repair or replace the damaged unit,at our discretion,with a model of equal or greater value.This warranty requires that a complete list of model numbers and serial numbers be submitted at the time of purchase. Warranty Procedures • Your organization's user initiates the repair of a Toughbook laptop by calling the Panasonic Technical j Support hotline at 1.800.LAPTOP5, which is available 24 hours a day, 365 days a year. •A Panasonic representative will work with your user to determine warranty coverage and the source of the problem. If it is determined that either a replacement part or service is required, our representative will request the following information: Q Names'`.. , o Address y` GI Unit model and serial number +, o Date of failure Ea Description of problem o All units repaired under the Protection Plus warranty , receive shipping to and from our National Service - y ' Center within the United States at no charge. 0. fkA • Maximum Benefit f}> h r j The maximum benefit for Protection Plus coverage is limited to.0 major failure per unit per yearn for the LCD, keyboard, hard.drive and system board. A replacement unit will not be provided if the maximum benefit has already been met for a unit. if the maximum benefit has not been met and a unit needs to be replaced, a replacement unit will be provided. The replacement unit will not be covered by Protection Plus unless separately purchased for the replacement unit. Pricing Information Protection Plus must be purchased as part of the original Toughbook computer sale.Coverage for external devices may be available at an additional charge. _ ?s.•:>-�>i:.atyyo7": �. .�> <.:.i....n.,.... ...+s:,. ..a�:iuiii,:;:"..;......4?it:...3;a,>.�.;<>^.fx;. iii�i?:>i..:s:, '1.'.hss:'3�"n �I.i3n7�'.sy.S�. :d/:rf:::;"'2.' ..�rtns:i:•.�,.r^�i.}1;i;.Y•i>?.<..�- ;`i1'n:':s{r..i..a'S {'?A � } f :.i .�ik���:-;•: Y •�xc•:ei;7rS;' s., }:>, ss �� a ,t::Sy D � 0 4.;.,•.<.,a.. £y Stt ,. ,. s K 'x� ry n} 1 < (ra}s? 4t .:• r � .� <+ '? Y .tr s:s t. CF SVCLTNF3Y 3 Year Protectron Plus $250 ea r j CF SVCLTNF4Y 4 Year Protection Plus $620 ea - - _ CLTNF5Y 5 Year rolection Plus $840 ea CF SV P :. 'Specifications and prices subject to change without notice. Panasonic ideas tow We 1.800.662.3537 panasonle.com/toughbook/professional_services ©2008 Panasonic Corporation of North America,All rights reserved.Panasonic is a registered trademark of Matsushita Electric Industrial Co„Ltd,Toughbook is a registered trademark of Panasonic Corporation of North America, T-Force and The Tough Team Behind The Machine are service marks of Panasonic Corporation of North America. PROTPWS.01.08 j Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 60 1. SUBJECT: PURCHASE OF LEDCO DOCKING STATIONS - APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods and Services Agreement with CDW-G Corporation in the amount of $33,319.99 to purchase 48 Ledco docking stations, subject to final terms and conditions acceptable to the City Attorney. Information Technology has evaluated and identified a replacement solution for the Kent Police Department's Mobile Data Computer fleet for patrol cars. CDW Government, Inc. has been selected as the vendor to supply 48 Ledco docking stations for Panasonic CF-19 Mobile Data Computers for a price not to exceed $33,319.99. EXHIBITS: -3. XHIB S Goods and Services Agreement with CDW G Corporation 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: • KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and CDW Government, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CDW Government, Inc. organized under the laws of the State of Illinois, located and doing business at 230 N Milwaukee Avenue, Vernon Hills, IL 60061, j (312) 705-9139 (hereinafter the "Vendor"). AGREEMENT I I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Forty-nine (49) Ledco docking stations for Panasonic CF-19 Mobile Data Computers, Ledco Part Number LAW-DSDS.CFI9HGD. i Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1, 2009. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $33,319.99, 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: Vendor will be paid within thirty (30) days following the City's receipt of all goods purchased by this Agreement and the City's receipt of a proper invoice from Vendor. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 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. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) section XIV(D), within fourt een (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. Upon payment by the City, an amendment that is accepted by Vendor as provided in this section, shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict ! accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 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. GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Dutyto Complete Protested Work. In spite of an claim the Vendor shall p P Y 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. B failing to follow the procedures Y 9 of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. Except for matters of non-payment by the City, VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. The City acknowledges that the Vendor does not manufacture the products purchased by this Agreement and offers no warranty on any products beyond those provided by the manufacturer's warranty. However, the Vendor will assign to the City the manufacturer's standard three (3) year warranty, and warrants that the manufacturer will consent to that assignment. The warranty shall be that provided on Exhibit A, which is attached and incorporated by this reference. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) the addressee at the address stated in this Agreement or such other address as may be 9 Y hereafter specified in writing. r- 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. 4' IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Steven Diggins Shaun Northrop CDW Government, Inc. City of Kent 230 N Milwaukee Avenue 220 Fourth Avenue South Vernon Hills IL 60061 Kent WA 98032 GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) (866) 339-5843 (telephone) (253) 856-4627 (telephone) (312) 705-9139 (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\Open Files\0073-2009\PanasonicDockingStation-REDLIN Eft rchaseContract.doc GOODS & SERVICES AGREEMENT - 7 (Over$10,000,00, including WSST) DECLARATION �- CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. I As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any I contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to l all new employees and subcontractors indicating commitment as an equal opportunity 1 employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. 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. i Dated this day of , 200_. By: . For: 1 Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 j CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDE$: 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 I 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. I Dated this day of , 200 ` I By: For: Title: Date: l I EEO COMPLIANCE DOCUMENTS - 3 of 3 j panasoniC Toughbook standard warranty, Information -- standard Wa. . . Page 1 of 2 Standard Warranty Section 1: Limited Warranty - Hardware Section 2: Limited Warranty -Software Section 3: Limited Warranty Exclusions EXHIBIT Section 1: Limited Warranty - Hardware Panasonic Computer Solutions Company(referred to as "Panasonic") will repair the products listed below with new or rebuilt parts, free of :harge, in the United States or other Panasonic-designated locations. Repairs will be made for the period specified below from the date of original purchase In the event of a defect in materials or workmanship. e Laptop computers - 3 years s PDRC (LCD and keyboard assemblies) - 3 years e MDWDs (mobile computer and wireless display assemblies) -3 years ■ Hand-held computers (Pi/P2) - 1 year e Arbitrator video camera - 1 year ■ Arbitrator recorder unit- 1 year In Arbitrator wireless receiver unit- 1 year n Arbitrator P2 card(s) (all sizes) - 1 year a Arbitrator wireless microphones)/transmitter- 90 days ■ Arbitrator system component Interconnect cables - 90 days Main Battery the battery supplied with the product is covered under the warranty for one (1) year from date of purchase, except as excluded In Section 3. Batteries purchased separately are covered under the warranty for one (1) year from the date of purchase. A battery furnished under the warranty Is covered for the remaining period of the one-year warranty on the original or purchased battery. Options and Accessories the options and accessories listed below are covered under this limited warranty for the period specified from the date of purchase or as specifically stated: ® AC adapter- 3 years ■ Memory card (Panasonic brand) -3 years A Car mount docking station PCB - 3 years ■ Vehicle'docking station - 3 years • Port replicator/ I-0 box - 3 years ■ Antenna pass-through cable - 3 years ■ Backlit or full-sized keyboard - 3 years or assumes warranty of the unit in which it is installed r Integrated Panasonic-supplied options and kits Including, but not limited to,wireless modems, media bay drives (floppy, CD, DVD, combo), GPS, Bluetooth, smartcard reader and fingerprint readers - 3 years or assumes warranty period of the unit in which it is Installed, provided the Integration was performed by Panasonic or an authorized options integrator o Hard drive (separately purchased) - 1 year o Optional battery - 1 year ■ Battery charger- 1 year ® Standard or digitizer stylus pens - 90 days (physical damage excluded) ■ External USB drives (CD/DVD/floppy/hard drive) - 1 year a top Section 2: Limited Warranty - Software Panasonic Computer Solutions Company (referred to as "Panasonic") warrants only that the disk(s) or other media on which the programs are furnished will be free from defects In material and workmanship, under normal use,for a period of sixty (60) days from the date of product delivery, as evidenced by your purchase receipt. L 4..a._— . / /........I .,...—...,---- - /...-tL - 1......, /..4-.....,... /.-,......-1 -4- A /G /')AAn Panasonic Toughbook standard warranty Information -- standard wa.-. . Page 2 of This Is the only warranty Panasonic makes to you. Panasonic does not warrant that the functions contained in the programs.will meet your i requirements or that the operation of the programs will be uninterrupted or error-free. Panasonic shall have no obligation for any defects in the disk(s) or other media on which the programs are furnished resulting from your storage thereof or for defects that have been caused by operation of the disk(s) or other media. Panasonic's entire liability and your exclusive remedy under this warranty shall be limited to the replacement, in the United States or other Panasonic-designated locations, of any defective disk or other media which Is returned to the Panasonic's Authorized Service Center, together with a copy of the purchase receipt, within the aforesaid warranty period.The customer is responsible for ensuring that all data is backed up and made secure during normal use and before sending a unit for service. A-top Section 3: Limited Warranty Exclusions Specifically excluded from the warranty are: ® All consumable items such as screen protection films, logo badges, labels, cleaning cloths,carry cases, manuals, cables, straps, belts, holsters, tethers, harnesses, and any other options and accessories not listed above or covered under a separate warranty r Failures related to the product operating system, hard drive image, any software setup, software program, virus or other program(s) or file(s) on the hard drive or in any computer memory location ■ Failures due to BIOS settings or changes, as well as any cosmetic or physical damage to the unit r Any unit or device with a missing or altered model number or serial number label ■ Damage which occurs in shipment d Failures which are caused by products not supplied by Panasonic r Failures which result from alteration, accident, misuse, Introduction of liquid or other.foreign matter into the unit, abuse, neglect, installation, maladjustment of consumer controls, improper maintenance or modification, or use not in accordance with product use l Instructions ■ Failures due to service by anyone other than a Panasonic Authorized Service Provider r Damage, failure or loss due to the unit being stolen, lost, misplaced or used by anyone other than the original purchaser s Damage that is attributable to acts of God The above warranties are extended solely to the original purchaser. A purchase receipt or other proof of date of original purchase will be required before warranty performance is rendered. t This warranty only covers failures due to defects in materials or workmanship, which occur during normal use. Other Limits and Exclusions:There are no other express warranties, except as listed above. !{ PANASONIC SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. estop i 1 A /I- /"l A/An Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6P 1. SUBJECT: PURCHASE OF TG3 BACKLIT KEYBOARDS - APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods and Services Agreement with PC Select LLC Corporation in the amount of $12,784 to purchase 50 TG3 backlit keyboards, subject to final terms and conditions acceptable to the City Attorney. Information Technology has evaluated and identified a replacement solution for the Kent Police Department's Mobile Data Computer fleet for its patrol cars. PC Select, LLC has been selected as the vendor for 50 TG3 backlit key-boards for Panasonic CF-19 Mobile Data Computers for a price not to exceed $12,784. 3. EXHIBITS: Goods and Services Agreement with PC Select, LLC 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: a • KEN T W A S H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and PC Select L.L.0 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PC Select L.L.0 organized under the laws of the State of Washington, located and doing business at 14815 Chain Lake Rd #G Monroe WA 98272, (425) 343-5979 (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: Quantity 50 - TG3 backlit keyboards TG3 Part Number KBA-BL82-5RBUVS-RC Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1st 2009 III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $12,784.00, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor will be paid within 30 days following reciept of vendor's invoice by the City of Kent GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) L If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND I PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME ` REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent P p Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an I independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings I of its business. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) l 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 p 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 l 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). I _ E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY / LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, GOODS & SERVICES AGREEMENT - 4 I (Over$10,000.00, including WSST) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by 1 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 f of this Agreement shall prevail. I 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 1 Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: 1 By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke j Its Its Mayor GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jack R. Burcham Shaun Northrop PC Select L.L.0 City of Kent 14815 Chain Lake Rd #G 220 Fourth Avenue South Monroe, WA 98272 Kent, WA 98032 (425) 343-5979 (telephone) (253) 856-4627 (telephone) (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic Fllepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 9 q 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. I By signing below, I agree to fulfill the five requirements referenced above. i Dated this day of , 200_. � r By: For: J� i Title: Date: ,I I EEO COMPLIANCE DOCUMENTS - 1 of 3 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS 2 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 I of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 60 1. SUBJECT: PURCHASE OF HAVIS SHIELD MOUNTING BRACKETS - APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods and Services Agreement with FCI Inc. in an amount of $13,520.70 to purchase mixed quantities of Havis Shield mounting brackets and parts to equip the City Patrol Car Fleet, subject to final terms and conditions acceptable to the City Attorney. Information Technology has evaluated and identified a replacement solution for the Kent Police Department's Mobile Data Computer fleet for its patrol cars. FCI, Inc. has been selected as the vendor for mounting brackets and parts to equip the police fleet with mobile data computers. 3. EXHIBITS: Goods and Services Agreement with FCI, Inc. 4. RECOMMENDED BY: Public Safety Committee 4/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N LCurrently in the Budget? Yes X No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT W A S H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and FCI THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FCI organized under the laws of the State of Washington, located and doing business at 45727 SE 140th ST North Bend 98045 (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: 1. Quantity 41 - computer mount, dash mount, CF19/dock, tilt, swivel, swing open to access AM/FM radio Part Number S-DMM-VESA-CV-SO 2. Quantity 15 - swing arm and "U" mount bracket w/lock for keyboard Part Number C-SM-SA-1 3. Quantity 15 - tilt/swivel mount Part Number C-3065-3 4. Quantity 15 - mounting plate to TG3 keyboard Part Number C-KBM-TG3 5. Quantity 26 - custom swing arm lock set up Part Number C-LOCK-KPD Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1st 2009 . III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $13,520.70, 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 - 1 (Over$10,000,00, including WSST) I ` Vendor will be paid within 30 days following reciept of vendor's invoice by the City of Kent I 1_ If the City objects to all or an portion of an invoice it shall notify Vendor and reserves any Y the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. [ A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. 1 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. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW; the parties make the following representations: I A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax I documents with appropriate federal and state agencies, including the Internal I Revenue Service and the state Department of Revenue. I L' GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. L 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 C disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. B not protesting as this sectionprovides, Y p 9 the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only i 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 GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. f 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written ` consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 l with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or I other representative of the City, and such statements shall not be effective or be construed as I 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. f 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. L GOODS & SERVICES AGREEMENT - 6 f (Over$10,000.00, including WSST) l IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Alan Bateman Shaun Northrop FCI City of Kent 45727 SE 1401h ST 220 Fourth Avenue South North Bend, WA 98045 Kent, WA 98032 (425) 831-5203 (telephone) (253) 856-4627 (telephone) (facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. j 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. f Dated this day of , 200_. ` By: f For: Title: Date: 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 f 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 f (date) , between the firm I represent and the City of Kent. f I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: 4 1 1 1 EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. i Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6R 1. SUBJECT: SALMON RECOVERY FUNDING BOARD PROJECT AGREEMENT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Project Agreement Amendment with the Salmon Recovery Funding Board in the amount of $60,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Lower Green River Property Acquisition Project, upon concurrence of the language in the agreement by the City Attorney and the Public Works Director. This project involves purchasing three parcels totaling 19.44 acres located along the south bank of the Green River along Frager Road S. Funds from this grant would be used to supplement acquisition costs including demolition, cleanup, and administration. 3. EXHIBITS: Public Works Memorandum dated 3/31/09 and Lower Green River Acquisition, RCO#02-12601A Amendment Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: tCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: 3 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 KENT Address: 220 Fourth Avenue S. WASH IN OTON Kent, WA 98032-5895 Date: March 31, 2009 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: April 6, 2009 From: Mike Mactutis, PE, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Lower Green River Property Acquisition Project - Project Agreement Amendment between the City of Kent and the Salmon Recovery Funding Board Motion: Recommend authorization for the Mayor to sign the Project Agreement Amendment with the Salmon Recovery Funding Board in the amount of $60,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Lower Green River Property Acquisition Project, upon concurrence of the City Attorney and the Public Works Director. Summary: The Lower Green River Property Acquisition Project involves purchasing three parcels totaling 19.44 acres located along the left bank of the Green River along Frager Road S. This property will be used for a restoration project which will include creation of floodplain storage and side channel refuge habitat parallel to the Green River. This will increase access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. Funds from this grant would be used to cover acquisition costs including demolition, clean up and administration. Reimbursement: The City will be reimbursed $60,000 by the Salmon Recovery Funding Board after the City of Kent spends its funds for this project. 5 �,sTarF Natural Resources Building 4�� �� (360 902-3000 1111 Washington St SE ° �' Fax: (360) 0?360 902-3(26 Olympia WA 98501 � PO Box 40917 E-mail:info@rco.wa.gov '�7889 Olympia WA 98504-0917 STATE OF WASHINGTON Web site:www.roo,wa.gov RECREATION AND CONSERVATION OFFICE RECEIVED March 18, 2009 MAR 3 0 2009 Michael Mactutis CITY OF KENT City of Kent 220 Fourth Ave S ENGINEERING DEPT Kent, WA 98032-5895 RE: Lower Green River Acquisition, RCO#02-1601A Amendment# 5 Dear Mr. Mactutis: In response to your request to amend the above-referenced Project Agreement, we have reviewed the circumstances and pertinent RCWs, WACs, and program policies relating to your request. As a result, I am approving an amendment to the Lower Green River Acquisition project. Enclosed are two original amendments to the Project Agreement. Please sign both amendments, retain one for your records, and return one original. If you have any questions, please call Jason Lundgren at (360) 902-0210, or send an e-mail to jason.lundgren@rco.wa.gov. Sincerely Kaleen Cott am Director Enclosures RWEN60vW&Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council £� °" Washington Invasive Species Council• Forum on Monitoring Salmon Recovery and Watershed Health " .6 Amendment to Project Agreement .Project Sponsor: City of Kent Project Number: 02-1601A Project Title: Lower Green River Acquisition Amendment Number: 5 Amendment Type: Cost Change Amendment Description: This cost change will increase the grant amount by$60,000 to cover acquisition costs including, demolition, clean up, land, and administration. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount_ New Amount Amount % Amount % RCO-SALMON FED PROJ $975,085.00 80.91% $1,035,085,00 81.82% Project Sponsor $230,000.00 19.09% $230,000.00 18.18% Total Project Cost $1,205,085.00 100% $1,265,085.00 100% Admin Limit $57,385.00 5.00% $60,242.14 5.00% A&E Limit $0.00 0.00% $0.00 0.00% Agreement Terms In all other respects the Agreement, to which this is an Amendment;and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington City of Kent Recreation'and Conservation Office AGENCY: BY: BY: Kaleen Cottinqham TITLE: Director TITLE: DATE: DATE: Pre-approved as to form: BY: Assistant Attorney General SAL Project Cost Change Amendment Chapter 77.85 RCW,Chapter 286 WAC Salmon Fundina Accounts AMENAGR1.RPT Amendment Agreement Description 7 j Number: 02-1601 A Nu Project Sponsor: 'City of Kent Project ! Project Title: Lower Green River Acquisition Amendment Number: 6 I Agreement Description osso Nursery, a Lower Green River property that totals 36.7 acres and The purpose of this proposal is to acquire the R 0.92 miles of undeveloped shoreline.The site is currently for sale and represents a critical shoreline acquisition in a portion of the Green-Duwamish River Watershed where open space; undeveloped shoreline, and functioning salmonid habitat features are scarce. Once acquired, the site would be restored to maximize in-stream, riparian and off-channel habitat for chinook and other f salmonids. Restoration would include installing multiple side channels with habitat features that are connected to the Green River main stem as well as in-stream and riparian habitat along the main stem. The proposed Rosso Nursery acquisition complements a multi-jurisdictional vision to protect.and restore functioning riparian habitat along the Lower Green River. Various jurisdictions are currently acquiring and/or restoring key parcels within the Lower Green River sub-watershed and have restored multiple sites in this reach including several levee setback projects. Acquisition of this 36+ acre shoreline property will accomplish the following: (1) protect a large open . er, (2) preserve the future opportunity to space property located inside a long meander bend of the Lower Green Riv restore properly functioning salmonid habitat in a portion of the watershed that currently lacks such features, and {3) Increase habitat connectivity among habitat restoration sites within this reach of the river. 4 _ . 1 AAGREEDSC.RPT March 18,2009 Page 1 8 Amendment Eligible Reimbursement Activities Report Project Sponsor: City of Kent Project Number: 02-1601 A Project Title: Lower Green River Acquisition Amendment Number: 5 Acquisition Items: Worksite Property Element Item Lower Green Acquisition Desimone Administrative costs Lower Green Acquisition Desimone Applicable.taxes Lower Green Acquisition Desimone Appraisal and review Lower Green Acquisition Desimone Closing Lower Green Acquisition Desimone Demolition Lower Green Acquisition Desimone Hazardous substances assess Lower Green Acquisition Desimone Land Lower Green Acquisition Desimone Land with Improvements Lower Green Acquisition Desimone Other . Lower Green Acquisition Desimone Recording fees Lower Green Acquisition Desimone Relocation Lower Green Acquisition Desimone Survey-boundary Lower Green Acquisition Desimone Title reports/insurance Lower Green Acquisition Flowers Administrative costs Lower Green Acquisition Flowers Applicable taxes Lower Green Acquisition Flowers Appraisal and review Lower Green Acquisition Flowers Baseline inventory Lower Green Acquisition Flowers Closing Lower Green Acquisition Flowers Cultural resources Lower Green Acquisition Flowers Hazardous substances assess Lower Green Acquisition Flowers Land Lower Green Acquisition Flowers Recording fees Lower Green Acquisition Flowers Survey-boundary Lower Green Acquisition Flowers Title reports/insurance Lower Green Acquisition Flowers Wetland delineation Lower Green Acquisition Lotto Administrative costs Lower Green Acquisition Lotto Applicable taxes Lower Green Acquisition Lotto Appraisal and review Lower Green Acquisition Lotto Baseline inventory Lower Green Acquisition Lotto Boundary Line Adjustment Lower Green Acquisition Lotto Closing Lower Green Acquisition Lotto Cultural resources Lower Green Acquisition Lotto Hazardous substances assess Lower Green Acquisition Lotto Land Lower Green Acquisition Lotto Noxious weed control Lower Green Acquisition Lotto Recording fees Lower Green Acquisition Lotto Signing Lower Green Acquisition Lotto Survey-boundary Lower Green Acquisition Lotto Title reports/Insurance Lower Green Acquisition Lotto Wetland delineation ' r AELIGREIM.RPT March 18,2009 Page; 1 RECREATION AND CONSERVATION OFFICE FORM A-19 State of Washington INVOICE VOUCHER 9 Agency Name Sponsor's Certificate. I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials,merchandise or P.O. Box 40917 services furnished to the State of Washington,and that all goods furnished '} Olympia, WA 98504 0917 and/or services rendered have been provided without discrimination because of age,sex,marital status,race,creed, color,national origin,handicap, religion or Vietnam era or disabled veterans status. Sponsor - City of Kent BY 220 S Fourth Ave Kent,WA 98032-5895 (TITLE) (DATE) " To Be;Completed Bv: onsor Project Number 02-1601 A. Invoice# Billing Period This is a Final Billing? Project Name Lower Green River Acquisition 5 From: To: Yes[ ) No[ ] Previous Ex endi'liu s To Date Costs For This Billing Project Non-Reimbursable Non-Reimbursable CATEGORIES Agreement Expenditures Matcfi Total Expenditures Match Total Land $775,000.00 $77000 00 Incidentals ;$147,083.54 $147,083,$4.' (` Land/Inc Subtotal $922,08354. $922,083.54 Admin Costs $77,679 01 $77,679 01 Acquisition Total $999;762,55 $999,762,55 $0.00 $999,762.65 $999,762,55 FUNDING& EXPENDITURE FORMULA For RCO Use ONLY. Agreement Information Previous RCO Reimbursements Sponsor: 18.18% $230,000.00 Total Billed $999,762.55 RCO Federal: Share Billed $808,949.96 RCO: SALMON FED PROJ 81.82% $1,035,085.00 Share Approved $792,529,23 76.56% Advance Balance $0.00 Match Owed Balance $0.00 Share Retained $0.00 Share Paid $792,529.23 76.56% Agreement Total: 100.00% $1,265,085 00 Match Bank $0.00 Doc Date,•``: ;Current Doct., Q RefiDoc# Vendor Numper Vendor Message 7756 SWV0000552-00 02-1601 A ,_Tian Code Fund Appn Index .' Prog Index Su' b.pbySubSub Obj AmoUnC, Invoice# 210 001 H76 98104 NZ 7756 5 210 001 Q15 98104 NZ 7756 5 Certification For Payment Project Manager/Date Release Final Pmt[] Division Supervisor/Date Accounting/Date I I 11NVOICE,RPT 3/18/2009 Kent City Council Meeting Date April 21, 2009 Category Consent Calendar - 6S 1. SUBJECT: MONTESSORI PLUS SCHOOL LEASE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Lease Agreement with Montessori Plus School for the school's lease of parking spaces for its overflow parking needs from property owned by the City's Water Utility at 23825 98th Ave S. subject, to lease terms and conditions acceptable to the City Attorney and the Public Works Director. In September 2005 the Public Works Committee reviewed a request from the Montessori Plus School to lease a portion of City property for overflow parking. The property is located at the 6 Million Gallon Reservoir site listed above. Several meetings were held, and based on feedback received, a Lease Agreement has been prepared for approval. 3. EXHIBITS: Public Works Memorandum dated 3/31/09 and Lease Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 77 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 31st, 2009 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: April 06th, 2009 From: Larry R. Blanchard, Public Works Director Through: Larry R. Blanchard, Public Works Director Subject: Lease Agreement for 23825-98th Avenue South Motion: Move to authorize the Mayor to sign the Lease Agreement between the City of Kent and Montessori Plus School for the lease of parking spaces for overflow parking from property owned by the Water Utility at 23825 98th Avenue South subject to the terms and conditions acceptable to the City Attorney and the Public Works Director. i Summary: In September of 2005 the Public Works Committee (PWC) reviewed a request from the Montessori Plus School (MPS) to lease a portion of City property for overflow parking. The property is located at the 6 Million Gallon Reservoir site @ 23825-98th Avenue South. As a result of the lease request by MPS the PWC asked the Legal Department to review this request along with Hearing Examiners conditions to make sure the City could enter into a lease. Finding that the City could enter into a lease, a remaining condition of the hearings examiner required an evaluation of the performance of MPS with respect to the surrounding neighborhood and James Street traffic. The results of the evaluation were that MPS had met the conditions set by the Hearings Examiner. At the October 6th, 2009 PWC meeting staff asked the PWC for direction in completing this proposed lease, and the instructions from the PWC were to find out if the neighbors have any issues with extending the hours of MPS prior to approving the lease agreement with the MPS. A letter was then mailed to all residence living along 98th Avenue South and those sub- divisions taking access from 98th Avenue South of the notice of a meeting to be held @ MPS from 5:30 PM to 7:00 PM asking for comments for MPS to increase hours of operations. One person attended the meeting and commented on other issue, but felt the school was doing a good job. One other resident called asking that parking for MPS not be allowed on 981h Avenue South. Based on the feedback received a Lease Agreement has been prepared as stated above for PWC review and approval. P:I PubdcUdminSupl BelhWWCommilteeUclionPage.doc 79 • KENT W A 5 M I N G T O N LEASE AGREEMENT THIS LEASE is made by and between the CITY OF KENT, a Washington municipal corporation ("Landlord") and MONTESSORI PLUS SCHOOL AND TEACHER PREPARATION OF WASHINGTON, a Washington non-profit corporation ("Tenant"). BACKGROUND A. Landlord is the owner in fee simple of real property located at 23825 - 98t" Avenue South in the City of Kent, Washington (the "Property"). Tenant operates a school out of real property located adjacent to the Property at 23807 - 98t" Avenue South in the City of Kent, Washington, and legally described in Exhibit A (the "Tenant's Site") attached and incorporated herein. Tenant desires to lease that portion of the Property legally described in the attached Exhibit B (the "Premises") for use as overflow parking for the Tenant's Site. AGREEMENT In consideration of their mutual covenants, the Landlord and Tenant agree as follows: 1. LEASED PREMISES. Landlord leases to Tenant for the benefit of the Tenant's Site the non-exclusive use of the Premises for overflow parking purposes. Tenant's use is non-exclusive in two regards: a) Landlord currently leases portions of the Property to entities that use the Premises for ingress and egress, and b) Landlord will also use the Premises for ingress, egress, and parking. 2. TERM AND OPTION TO RENEW. A. This Lease shall be for a term of five (5) years and shall commence upon the first day of the month following completion of the improvements LEASE AGREEMENT - Page 1 of 8 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 80 described in Sections 4 and 5 (Commencement Date). This Lease shall end on the date that is one day before the five year anniversary of the Commencement Date. Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year period subject to the adjustment of Monthly Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) calendar days before the end of the then current term. 3. RENT. A. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of One Hundred Forty Four and 00/100 Dollars ($144.00), which is based on Tenant using nine (9) parking spaces, calculated at Sixty Four and 00/100 Dollars ($64.00) per space, 25% of the time. In addition, Tenant shall pay leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%. These Monthly Rent amounts shall be paid on the Commencement Date, and subsequently in advance, on or before the first day of the month during the term. Monthly Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Financial Services. This Monthly Rent shall be paid by Tenant regardless of whether Tenant uses each parking stall. B. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. C. The Monthly Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement date (the "Adjustment Date") by an amount equal to the greater of four (4) percent or the percentage increase in the CPI two (2) months prior to the Adjustment Date and the CPI for the month 12 months prior to the Adjustment Date. "CPI" means the Consumer Price Index - All Urban Consumers U.S., All LEASE AGREEMENT - Page 2 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) L ; 81 Items, base period 1982-84=100, Not Seasonally Adjusted, U.S. City Average, issued by the U.S. Bureau of Labor Statistics. If the CPI is converted to a different standard referense base, or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. D. (i) The Landlord may periodically perform a study to determine the number of parking spaces being used by Tenant and the percentage of time Tenant is using those parking spaces (Parking Space Count) to determine whether Tenant's actual usage is consistent with using nine (9) stalls 25% of the time. The Parking Space Count may be performed either manually or by video, up to 2 times annually. Landlord shall prepare a report from the Parking Space Count (Parking Space Report), and provide a copy of same to Tenant. (ii) From the Parking Space Report, Landlord shall adjust the Monthly Rent in section 3.A. if the Parking Space Report shows either an increase or decrease of at least five (5) % from the original calculation described in 3A, or a subsequently adjusted amount. The Tenant shall be notified by the Landlord of the Landlord's intent to adjust the Monthly Rent at least twenty (20) days prior to the new Monthly Rent going into affect. (iii) If Tenant disputes the results of the Parking Space Report, Tenant may perform its own Parking Space Count as close as possible to the time and conditions of the Parking Space Count prepared by the Landlord, and provide a copy of Tenant's Parking Space Report to Landlord. Landlord may take into consideration Tenant's Parking Space Report, but the final decision is Landlord's as to Parking Space Reports and adjusting Monthly Rent accordingly. E. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. IMPROVEMENTS BY LANDLORD. Landlord shall design, obtain the necessary permits for, and construct the parking area on the Premises, at Landlord's cost, in accordance with the Kent City Code and all other applicable local, LEASE AGREEMENT - Page 3 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 82 state, and federal regulations. The Landlord's overflow parking area is depicted in the attached and incorporated Exhibit C. This Lease, however, is contingent upon Landlord obtaining all necessary permits and constructing the parking area. In the event Landlord is unable to obtain permits and construct the parking area as depicted in Exhibit C, this Lease shall become null and void, unless otherwise agreed by the parties. Landlord will provide Tenant with written notice of when construction will be completed. S. IMPROVEMENTS BY TENANT. Tenant shall design, obtain the necessary permits for, and construct the connection between the Premises and Tenant's Site, at Tenant's cost, in accordance with the Kent City Code and all other applicable local, state, and federal regulations. Tenant must also obtain approval I from Landlord's Water Superintendent in the Public Work's Department, for the connection. This Lease is contingent upon Tenant obtaining all necessary I approvals, permits, and constructing the connection. In the event Tenant is unable to perform these obligations, this Lease shall become null and void, unless otherwise agreed by the parties. Tenant will provide Landlord with written notice of when construction of the connection will be completed. 6. TAXES. Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of this Lease. 7. MAINTENANCE AND REPAIRS. A. The Landlord shall perform all necessary maintenance to be expected for a parking area, including, but not limited to, sealing, asphalt resurfacing, re-striping, repair of vandalism, clean up of hazardous waste or oil spills, and removal of gang tags or signs and all other gang indicators, consistent with Landlord's maintenance programs for parking areas. B. Landlord shall invoice Tenant for maintenance and repairs performed on the parking lot based on the percentage (%) of usage of the parking j spaces described in section 3 of this document. Tenant shall pay the same within thirty (30) days of receipt of the invoice for the same. i LEASE AGREEMENT - Page 4 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 83 8. UNAUTHORIZED USE AND CLOSURE. Tenant shall not have the right to close off or block access to the Premises. Landlord reserves the right to eject or cause the ejection from the Premises any person or persons not authorized to use the Premises pursuant to this Lease. 9. TERMINATION. This Lease shall be terminated prior to the end of the term if any of the following occur: A. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice from Landlord; B. Tenant abandons or vacates the Premises for a period longer than thirty (30) days; C. Tenant fails, at any time during this Lease to conform or comply with any local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of the Premises. D. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; E. Tenant becomes insolvent; F. Tenant sells or transfers its interest in Tenant's Site adjacent to the Premises; or G. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) calendar days after written notice from the non-defaulting party specifying the default at issue; provided, however, that neither party will be in non-monetary default under this subsection if it commences curing such default with such 30-day period and thereafter diligently prosecutes the cure to completion. 10. CURE BY LANDLORD. In the event of any default of this Lease by Tenant, per Section 9, the Landlord may at any time, after notice, cure the default LEASE AGREEMENT - Page 5 of 15 April 3, 2009 (between City of Kent and Montessorl Plus School and Teacher Preparation of WA) 84 for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including j reasonable attorney fees in instituting, prosecuting, or defending any action to enforce the Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs, and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the ` Additional Rent in good faith, Tenant will pay such Additional Rent "under protest." I Any payment under protest by Tenant shall not be considered an admission of - liability or a waiver of Tenant's rights under this Lease, and such payment shall be subject to refund if Tenant's position is upheld by a court. 11. DAMAGES AND ATTORNEY'S FEES. In the event of an instance of Tenant's default as identified in Section 9, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination and liquidated damages in the amount of the rent that would have been collected through the remainder of the term. If it becomes necessary for the Landlord to use an attorney or bring suit for damages or possession, or if Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising out of this Lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. 12. RE-DELIVERY. Tenant, at the expiration of the term of this Lease or upon any sooner termination thereof, will, without notice, quit and deliver the Premises to the Landlord peaceably and in as good order and condition as on the I 1 Commencement Date, reasonable use and wear excepted. 13. LANDLORD USE, ACCESS FOR WATER MAIN REPAIRS. In the event Landlord's use of the Premises described in Section 1 requires more parking spaces than are available because of use by Tenant, Landlord reserves the right to eject or cause the ejection of Tenant from the Premises for the duration of Landlord's required use. Landlord has water mains and other utilities located below 1 LEASE AGREEMENT - Page 6 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 85 ground on the Premises. Should Landlord determine it necessary to repair or maintain the water mains or other utilities during Tenant's lease of the Premises, Tenant understands and agrees to an interruption in its use of the Premises in order to allow such repairs or maintenance to be performed. Tenant will receive a proportional offset in the monthly rental amount for the amount of time Tenant was denied use of the Premises due to use under Section 1.(b) and repair or maintenance work conducted by Landlord. 14. INSURANCE & INDEMNIFICATION. A. Tenant shall procure and maintain for the duration of the Agreement, insurance for the Premises of the types and in the amounts described in Exhibit D attached and incorporated by this reference. B. Tenant shall defend, indemnify, and hold Landlord, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Tenant's performance of this Lease, except for that portion of the injuries and damages caused by Landlord's sole negligence. The provisions of this section shall survive the expiration or termination of this Lease. 15. NON-WAIVER OF BREACH. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Lease in one or more instances shall not be construed to be a waiver or relinquishment of those covenants and agreements, and the same shall be and remain in full force and effect. 16. HOLDOVER. If the Tenant shall, with the written consent of Landlord, holdover after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time, on a month-to-month tenancy, and such tenancy may be terminated upon thirty (30) days written notice by either party. During such holdover tenancy, Tenant agrees to pay to the Landlord the a monthly rental rate of 150% of the Monthly Rent just previous to the holdover tenancy, and to be bound by all of the terms, covenants, and conditions of this Lease. LEASE AGREEMENT - Page 7 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 86 ( 17. ASSIGNMENT. This Lease may not be assigned, let, or sublet, in whole or in part without the prior written approval of the Landlord. 18. RESOLUTION OF DISPUTES AND GOVERNING LAW. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. If the parties' representatives are unable to settle any dispute, difference, or claim arising from the parties' performance of this Lease, the exclusive means of resolving that dispute, difference, or claim shall be by filing suit in 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 Lease, the substantially ! prevailing party shall be entitled to recover reasonable attorneys' fees and all costs ! incurred in connection with such claim or lawsuit; provided, however, nothing in this paragraph shall be construed to limit either party's right to indemnification under Section 14 of this Lease. 19. SUBORDINATION TO MORTGAGE. Any mortgage or deed of trust now or subsequently placed upon any Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage or deed of trust. Tenant shall, at Landlord's r request, execute any additional documents necessary to indicate this subordination within ten (10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises will not be disturbed so long as Tenant is not in default under this Lease. 20. WRITTEN NOTICE. All communications regarding this Lease shall be sent to the parties at the addresses listed on the signature page of the Lease, unless otherwise notified in writing. Any written notice hereunder shall become effective: (a) three business days after the date of mailing by registered or certified mail; (b) the same day if sent by facsimile; or (c) the next day if sent by reputable overnight courier, and shall be deemed sufficiently given if sent to the addressee at LEASE AGREEMENT - Page 8 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 87 the address stated in this Lease or such other address as may be later specified in writing. 21. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Lease shall be binding unless in writing and signed by a duly authorized representative of Tenant and Landlord. 22. ENTIRE AGREEMENT. The written provisions and terms of this Lease, together with any exhibits attached, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as forming a part of or altering in any manner this Lease. All of the above exhibits are hereby made a part of this Lease. However, should any language in any of the exhibits to this Lease conflict with any language contained in this Lease, the terms of this Lease shall prevail. TENANT: LANDLORD: MONTESSORI PLUS SCHOOL &TEACHER CITY OF KENT PREPARATION OF WASHINGTON, INC. By: By: Title: Title: Mayor Date: Date: APPROVED AS TO FORM: Kent Law Department NOTICES TO BE SENT TO: TENANT: LANDLORD: Mr. Don McClurkin Water Superintendent Montessori Plus School and City of Kent Public Works Department Teacher Preparation of Washington 220 Fourth Avenue South 23807 98th Avenue South Kent, WA 98032 Kent, WA 98031 (253) (telephone) (253) 856-5600 (telephone) (253) (facsimile) (253) 856-6600 (facsimile) LEASE AGREEMENT - Page 9 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 88 I STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2009, before me a Notary Public in and for the State of Washington, personally appeared Don McClurkin_, to me known to be the of Montessori Plus School and Teacher Preparation of Washington, a Washington non-profit 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. -Notary Seal Must Appear Within This Box- 1 IN WITNESS WHEREOF, I have hereunto set my hand and official li seal the day and year first above written. i NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) i ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the 1 instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LEASE AGREEMENT - Page 10 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) i_, 92 EXHIBIT D INSURANCE REQUIREMENTS The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Lessee'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 Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers EXHIBIT (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 93 i Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. (` E. Verification of Coveracie i Lessee 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 Lessee. ` ,I F. Waiver of Subrogation l Lessee and Landlord hereby release and discharge each other from all claims, I losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 1 f r r � i EXHIBIT (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 94 Exhibit A Lots 2 and 3, City of Kent Short Plat Number SPC-84-10, recorded under Recording Number 8412200589, records of King County, Washington. pupa e e(� oeC Is p pppo oflp zXpIUEIq NOV.IQj 1,01D 95 1 Exhibit B Leased Area That portion of Lot 1, Valley Corn Short Plat SP #84-10, recorded under King County Recording Number 8412200589, being a portion of the southeast quarter of the southeast quarter of Section 18, Township 22 North, Range 5 East, W.M., lying easterly of the following described line: Commencing at the northeast corner of said Lot 1; thence S89°23'07"W, along the north line thereof, 250.00 feet to the TRUE POINT OF BEGINNING of the herein described line; thence S00036'53"E 25.00 feet to a point of tangency with I a 60.00 foot radius circular curve to the left; thence southeasterly, along said curve, through a central angle of 66015'07", an are distance of 69.38 feet to the west line of Lot 2 in said short plat and the terminus of the herein described line. OA pO V�,e�S!pt s 438978 t �• °O°o°oeo ° ,ea1 MiRn Nov,I�,1010 1 l a l I c I 96 EXHB T C 98 AVE S ------ --- N01'04'42"E ---- �`----- 30.0' 99.29 99.29 73.08' 30.0T "'—'— PROPOSED LEASE w AREA LOT 2 LOT 3 LOT 4 cv (D N N 00 L r N CV N N W W � o 4 - �z 0 0 N o0 w 73.93' N N o N00'45'32"E co c N z z m co z I kR=60 9 8.71' 01'06'49"E 69.38' 0 "'.10 ' 66507 I N00'36'53"W r- 25,00' rn N LOT w i� o VAL COM SHORT PLAT w N SP# 84-10 N 00 #8412200589 c N I 0 I co zl NOl'0_6'15"E 332.56' LOCATED IN SE1 /4 VALLEY COM SE 1 /4 SEC . SNORT PLAT 18-22-05 W.M. KENT WAOHIHOTQN REF P:\Survey\Projects\238th 98th Water Tower CITY O1' KENT SCALE 1 =100 EXHIBIT ENGINEERING DEPARTMENT DATE 4/01/2009 C Kent City Council Meeting Date April 21, 2009 ' Category Other Business - 7A 1. SUBJECT: S. 228T" STREET GRADE SEPARATION, BURLINGTON NORTHERN SANTA FE RAILROAD, EASEMENT AGREEMENT 1 2. SUMMARY STATEMENT: The S. 228th St. Grade Separation project requires an agreement with the BNSF Railroad that includes the grant of surface, aerial, and construction easement rights to the City. i 3. EXHIBITS: Public Works Memorandum 4/4/09 and Easement Agreement for Overpass 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 ed-V seconds to authorize the Mayor to sign the Easement Agreement and Memorandum of Easement for real property rights acquired from the Burlington Northern Santa Fe Railway (BNSF) at S. 228th Street at a cost of $22,337.00, in a form acceptable to the City Attorney and the Public Works Director. DISCUSSION: ACTION: C-' 11 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: From: Mark Madfai, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: S. 2281" Street Grade Separation- Burlington Northern Santa Fe (BNSF) Railroad Easement Motion: Move to authorize the Mayor to sign the Easement Agreement and memorandum of Easement for real property rights acquired from the Burlington Northern Santa Fe Railway (BNSF) at S. 228t" Street at a cost of $22,337.00, in a form acceptable to the City Attorney and the Public Works Director Summary: The S. 228t" St. Grade Separation project required an agreement with the BNSF Railroad that included the grant of surface, aerial and construction easement rights to the city at a total cost of $22,337.00. Acquisition of these rights is a condition of the agreement and execution of the associated documents by the city is required to establish title in the city. P:I RihlieW dndnSupl Bethl PIVCommitteeUctionPage.doc 13 Law Department Approved EASEMENT AGREEMENT FOR OVERPASS THIS EASEMENT AGREEMENT FOR OVERPASS ("Easement Agreement") is made and entered into as of the day of 2009 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and CITY OF KENT, a political subdivision of the State of Washington ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Kent, County of King, State of Washington, at Mile Post 15.25, [Project # 085627W], as described or depicted on Exhibit "A"attached hereto and made a part hereof(the "Premises"). B. Grantor and Grantee have entered into that certain Overpass Agreement dated as of February 4,2008 concerning improvements on or near the Premises (the"Overpass Agreement"). C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose(as defined below). D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement Agreement. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the Overpass Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the Overpass Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any alterations or improvements or perform any maintenance or repair activities within the Premises except in accordance with the terms and conditions of the Overpass Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; Form 704;Rev. 06/15/05 1 14 ` I Law Department Approved (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose, Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual I ; Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the 1 Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR + , IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including I i c Form 704;Rev,06/15/05 2 15 Law Department Approved such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall.also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. Section 7 Environmental. 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Form 704;Rev.06/15/05 3 16 Law Department Approved Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement 4 Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above-stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9. Section 8 Default and Termination. 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, I may: (1) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. 8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the j Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not I constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 9. e Form 704;Rev.06/15/05 4 17 Law Department Approved 8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not in limitation of, any other remedies that Grantor may have under the Overpass Agreement,at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date, If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Section 11 Tax Exchange. Grantor reserves the right to assign this Easement Agreement to Apex Property & Track Exchange, Inc. ("Apex"). Apex is a qualified intermediary within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and Treas. Reg. § 1.1031(k)-1(g),for the purpose of completing a tax-deferred exchange under said Section 1031. Grantor shall bear all expenses associated with the use of Apex, or necessary to qualify this transaction as a tax-deferred exchange, and, except as otherwise provided herein, shall protect, reimburse, indemnify and hold harmless Grantee from and against any and all reasonable and necessary additional costs, expenses, including, attorneys fees, and liabilities which Grantee may incur as a result of Grantor's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to Section 1031. Grantee shall cooperate with Grantor with respect to this tax-deferred exchange, and upon Grantor's request, shall execute such documents as may be required to effect this tax-deferred exchange. Form 704;Rev. 06/15/05 5 18 Law Department Approved Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the Overpass Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 60 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 14 Miscellaneous. 14.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of Washington without regard to conflicts of law provisions. Jurisdiction and venue shall be in the Superior Court for King County, Washington. 1 14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 14.3 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 14.4 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. ` I 14.5 Time is of the essence for the performance of this Easement Agreement. 14.6 The terms of the Overpass Agreement are incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the Overpass Agreement is, for whatever reason, no longer in effect. r [Signature page follows] I+ I Form 704;Rev. 06/15/05 6 19 Law Department Approved Witness the execution of this Easement Agreement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: GRANTEE: i CITY OF KENT, a political subdivision of the State of Washington I By: Name: Title: Form 704;Rev, 06/15/05 7 D —.1 This mop used by BNSF RAILWAY COAPANY In the ordinary o0uree of business, but It Is eUbjeot to audit and should be rt O used only with the expressed undersiondlna the BNSF nuke no representations whatsoever about the Quality,aoaurooy. error.or om se one relating to this sap• @ n 7 -h o 1 mB m C A Eam't a 452 1 II 0 Vw Li �o •1� to A A LO"0--1 m O w o+" gel cCD0 N m m0 1 9 d m m j ES 810.30,BNSF 00093,129,ESMT SG ' (� + � � "i P� CA 2aT. `� S 7. S 810 00 F-39579 TELEPHOIWE J X G �J 1�• F d393 7 AT,,��GGAS.XWG 4�1P 10 BF=1F7§ 1 1"MATES I,iiA'c`�I�� ---ES BL32 BF'66 k� Satt�]Q!45� 39018 ELE(X14 UGNgU� � Tie} 1 eK[ ��,, � ES 811+76,BNSF 00g UNE X . tar 1�� 4 4����Y St, $�1rq SG E.T.ES 12.35' f N f G, 1 9 IFS 15 1 1 ::;;•\�;;v 1 f \ � I CA 1 ��➢ vlr�� I 1 ; 1 m I Lit � m �vgv► amm rnj1 I ui ' 1 Cl) ( 0 �N oc o j 1 �wz ul<<, :-0r) .o o I 1 rzvi�m fo$SE v �OrilA� z U1 4 O I 1 m'Pr z CNJi:po r I 1 x�rn�u~ z x < 3 0�`ImGi rt0 0 { Oc- ne W ' J 21 Exhibit A Aerial Easement Tax Parcel 132204-9040 Title Order No. 506554 That portion of the east 82.00 feet of the Burlington Northern Santa Fe Railroad right of way lying within the south 36.00 feet of the northeast quarter of the northeast quarter, and the south 36.00 feet of the northwest quarter of the northeast quarter, and the north 36.00 feet of the southeast quarter of the northeast quarter, and the north 36.00 feet of the southwest quarter of the northeast quarter all in Section 13, Township 22 �! . th,..f3ang < , .M., in King County, Washington. ;. r Y! fiX 22 I Exhibit A Surface Easement Tax Parcel 132204-9040 Title Order No. 506554 That portion of the west 18.00 feet of the Burlington Northern Santa Fe Railroad right of way lying within the south 36.00 feet of the northeast quarter of the northeast quarter, and the south 36.00 feet of the northwest quarter of the northeast quarter, and the north 36,00 feet of the southeast quarter of the northeast quarter, and the north 36.00 feet of the southwest quarter of the northeast quarter all in Section 13, Township 22 North, Range 4 East, W.M., in C King County, Washington. ov i 23 Exhibit A Temporary Construction Easement Tax Parcel 132204-9040 Title Order No. 506554 That portion of the north 14.00 feet of the south 50.00 feet of the northeast quarter of the northeast quarter and the northwest quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, lying easterly of the westerly margin of the Burlington Northern Santa Fe Railroad right of way and westerly of the easterly margin of said right of way. Together with that portion of the south 24.00 feet of the north 60.00 feet of the southeast quarter of the northeast quarter and the southwest quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, lying easterly of the westerly margin of the Burlington Northern Santa Fe Railroad right of way and westerly of the easterly margin of said right of way. ` °�i'r d1 •° t7� E 4l �` •� E (ry '�`f ,,, '..`'}hi�✓ r. It 1 t 24 Law Department Approved EXHIBIT "B" Memorandum of Easement THIS MEMORANDUM OF EASEMENT is hereby executed this_day of 20_, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and CITY OF KENT, a political subdivision of the State of Washington ("Grantee"), whose address for purposes of this instrument is 400 West Gowe Street, Kent, WA 98032,which terms "Grantor" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain real property situated in King County, Washington as described on Exhibit"A" attached hereto and incorporated herein by reference(the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Grantor to Grantee over and across the Premises (the "Easement"); and WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. [Signature page follows] l Exhibit"B" l : Page 1 of 3 l 25 Law Department Approved IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: STATE OF TEXAS § §ss. COUNTY OF § On this day of 200_, before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared , to me known to be the of BNSF RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public for the State of Texas Residing at: , Texas My appointment expires: Page 2 of 3 26 Law Department Approved GRANTEE: CITY OF KENT, a political subdivision of the State of Washington By: Name: Title: E_ f STATE OF WASHINGTON § I §ss. COUNTY OF § On this day of 200 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the CITY OF KENT, the political subdivision that accepted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that they are authorized to accept said instrument for said political subdivision. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public for the State of Washington Residing at: ` 1 My appointment expires: l Page 3 of 3 Kent City Council Meeting Date April 21, 2009 Category Other Business - 7B 1 1. SUBJECT: ADJUST WATER RATES TO FUND WATER SYSTEM PLAN - ORDINANCE 1 2. SUMMARY STATEMENT: At the time the City adopted its 2009 budget, it did not adjust its water rates to those identified in the Water System Plan because it believed it would sell a portion of its water to neighboring water purveyors. This sale would have helped offset the costs associated with the City's completion of projects within the City's six-year Water System Plan. The City has since learned that these water purveyors are now not interested in purchasing water at this time. In order to generate the revenue required to fund and construct the regulatory required improvements listed in the Water System Plan, staff recommends Council increase the water rates and monthly demand charges for water service within and outside the city limits. In the event the City later enters into agreements to sell water to any of its neighboring water purveyors, a financial analysis will be done and if it is determined that downward adjustments are warranted, staff will bring the matter back before Council. 3. EXHIBITS: Ordinance and 4/2/09 Memo to the Public Works Committee 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Revenue? Yes Currently in the Budget? Yes X* No *Revenue generated by the rate increase would replace the revenue currently in the 2009 budget which the City thought it would receive from water sales to neighboring water purveyors. 6. CITY COUNCIL ACTION: Councilmember moves, Council member 4AWLIIV`� seconds to adopt Ordinance No. which revises sections 7.02.300 and 7.02.310 of the Kent City Code to increase water rates and the monthly demand charges for water service both within and outside the city limits of Kent. DISCUSSION: ACTION: ��r 27 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 sa a KENT Fax: 253-856-6500 WASHIROTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 2, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: April 6th 2009 From: Chad Bieren, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: Ordinance Adopting New Water Rates - Option 1 Motion: Recommend Councii adopt an Ordinance revising sections 7.02.300 and 7.02.310 of the Kent City Code to adjust water rates to those rates set forth in Option 1 presented to the Committee, and direct the City Attorney to draft the ordinance consistent with this motion. Summary: The following is a summary of the Issues discussed with Council over the past ten months: 1. Federal and State laws require a new or modified Water System Plan every six years. The last plan was adopted in 2002 and water rates were based on the needs of the system as determined at that time. 2. The 2008 Water System Plan includes a list of required projects and a financial plan to provide the revenue to construct the projects. 3. The Kent City Council adopted the 2008 Water System Plan on September 2, 2008. 4, While the Water System Plan was being prepared, Kent was approached by several of Its neighboring water purveyors who were Interested In buying water from Kent starting In 2009. It was estimated that $3-million/year in water sales could be realized through these proposed water sales. 5. The Kent City Council adopted new water rates on December 9, 2008. These rates were adopted to fund projects that are Included In the 2008 Water System Plan and are required by regulatory agencies, such as the Washington State Department of Health and the U.S. Environmental Protection Agency (EPA). Included on this list of required projects are the following: , • Tacoma Second Supply Pipeline Filtration Facility • Tacoma Second Supply Pipeline Fish Passage Improvements • Rock Creek Habitat Conservation Plan • Landsburg Mine Clean-Up Assessment • East Hill Pressure Zone • East Hill and West Hill Reservoirs • Gulberson Reservoir Replacement i •. Pipe Replacement Projects f 28 6. Newly adopted rates were based on the assumption that the water system could generate water sales revenues of $3-million/year. Since then, neighboring purveyors have explored other options for purchasing water and indicated that they will not need water from Kent for 3-5 years, If at all. 7. In addition, the recent development of a sink hole at the Howard Hansen Dam reduces the amount of water available for potential sales. Due to the sink hole and the fact that the I Green River Levee system in not certified by the U.S. Army Corps of Engineers, the water 1 level behind the dam needs to be kept low. Until the sink hole is repaired, water sales could not generate significant revenue. 8. The City's financial consultant has updated Its rate analysis, assuming no water sales to I neighboring purveyors. Option 1 would adjust rates more gradually than Option 2, while Option 2 would allow for lower overall rates by 2014. The rate schedules are included In the attached draft ordinance. 9. The Public Works Department will continue to explore future opportunities to sell water to neighboring purveyors. As these opportunities arise, a financial analysis will be completed to determine the Impact any additional revenue may have on water rates. Future rate adjustments would be set to ensure compliance with the Water System Plan. l t i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 7.02.300 and 7.02.310 of the Kent City Code to increase water rates and monthly demand charges for water service both within and outside the city limits of Kent. RECITALS A. On December 9, 2008, the Kent City Council adopted Ordinance No. 3901, which amended various fees as part of Council's 2009 budget. Included within that ordinance was an increase to the monthly demand charge assessed against all water customers. That increase, along with the decision not to increase water rates at that time, were based on the assumption that the City would sell a portion of its water to neighboring water purveyors to help offset the costs associated with the City's completion of projects included within the City's six year Water System Plan. The Water System Plan, adopted by Council on September 2, 2008, through Ordinance No. 3891, serves as the City's blueprint for long-range acquisition, storage, and delivery of potable water to meet life safety, residential, and commercial/industrial demands of City water customers and state and federal regulatory requirements. 1 Water Rates and Monthly Demand Charges i 1 C_ 1 B. The water sales expected by the City, however, have not materialized, and neighboring water purveyors have advised that they are not interested in pursuing the purchase of water from the City at this time. In order to generate the revenue required to fund and construct the regulatory required improvements listed in the Water System Plan, the City finds it necessary to increase water rates and the monthly demand charge as provided for within this ordinance. C. The City hired Financial Consulting Solutions, Inc. to analyze the City's Water System Plan and propose the rate amendments necessary to comply with the plan. The consultant's proposals were presented to the Public Works Committee at its April 6, 2009, meeting, and the committee has recommended council adopt the rate amendments included within this ordinance. D. In the event the City enters into agreements to sell water to any of its neighboring water purveyors, a financial analysis will be completed to determine the impact any additional revenue may have on water rates. Adjusted rates will be set to meet the financial requirements C of the Water System Plan. f NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Rates and Monthly Demand Charge for Water Service Within the City Limits. Section 7.02.300 of the Kent City Code, entitled "Water rates within the City," is amended to increase water rates as I follows: t i 2 Water Rates and Monthly Demand Charges 1 Sec. 7.02.300. Water Rates Within The City. A. Water rates. The following staggered rates apply during the time periods listed below to all water customers within the city limits of Kent. Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: Effective Date October 1 - April 30 May 1 - September 30 5 700 ft3 > 700 ft3 5 700 ft3 > 700 ft3 d`i�A $7_n 9 01/01/2005 $1.44 $1.95 $1.90 $2.42 06/01/2009 $2.13 2.89 12.81 IL58 01/01/2010 2.77 3.75 3.66 4.66 01/01/2011 12.85 3.86 3.77 4.80 01/01/2012 JZ.94 3.98 11.88 14.94 01/01/2013 $3.03 4.10 3.99 5.09 O1/01/2014 3.12 $A.22 4.11 5.24 All customers Fates are also subject to a monthly demand charge for service and meter, which is as follows: age Charge Charge Charge Meter size EffeetPe Effective Effective Effective (inches) January 1, April 1, 2009 June 1, 2009 2007 2008 5/8 x 3/4 6 $5.26 $6.05 8.95 1 $ -49 $8.94 $10.28 J15.21 11/2 05- $13.64 $15.69 23.22 2 $fr84 $18.09 $20.80 30.78 3 $38.35 $44.10 65.27 4 $46.47 $53.44 79.09 3 Water Rates and Monthly Demand Charges Charge Charge Charge Meter size Effective Effective Effective (inches) January 1, April 1, 2009 June 1, 2009 2008 r_ 6 $48.93 $69.03 $79.38 1117.48 8 $64.25 $88.50 $88.51 1150.63 10 $84.53 $113.03 $129.98 J192,37 Charge Charge Charge Charge Meter size Effective Effective Effective Effective (inches) January 1, January 1, January 1, January 1, 2010 2011 2012 2013 5/8 x 3/4 8 8 g $19:58 11.64 11.99 J12L35 12.72 1 $11.82 $13.59 3 $17.97 19.78 120.37 120.98 121.61 1 1/2 $18.04 $23.-86 $27.44 30.19 la1.09 $32.03 132.99 2 $23.92 $27.51 $31.64 $36.38 40.02 111.22 142.46 $43.73 3 $88:72 $58.3 3 $67.98 $7:7.14 84.85 ja7.39 $90.02 192.72 4 $54.59 $62.78 $72.29 $83:83 102.82 JIQ5.90 ILQ9.08 $112.35 6 $91.29 $104.98 $120.73 $138.84� 152.73 L157.31 ILQ2.03 166.89 8 $4()I.;Z9 $117.06 $134-� $4 9;4.A I 195.82 1291.70 $207.75 JZ13.98 10 $149.48 $171.90 $197.69 $227.34 250.08 IZ57.58 $265.31 JZ73.27 l 4 Water Rates and Monthly Demand Charges Charge Meter size Effective (inches) January 1, 2014 5/8 x 3/4 1; 1I10 1 $20.67- 22.26 1 1/2 6 33.98 2 $41.84 45.04 3 $38.71-- 95.50 4 115.72 6 $ 6 171.90 8 $175.03 220.40 10 $261.44 281.47 B. Lifeline customers. The City Council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers within the city limits, the following rates apply for water use per one hundred (100) cubic feet: Effective Date January 1 - December 31 1 2/3 /i� $44-5 01 /non " 47 01 /1 /�04 $049 01/01/2005 $0.51 06/01/2009 0.53 01/01/2010 0.54 01/01/2011 0.56 5 Water Rates and Monthly Demand Charges i Effective Date January 1 - December 31 01/01/2012 JQ.57 01/01/2013 0.59 01/01/2014 $0.61 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. C. Rate adjustment 1 1. Subject to the right of access and inspection by a representative of the City, water service customers of the City may apply S for a one (1) time rate adjustment for any single billing period under the following circumstances: a. An accidental water leak has been discovered on the subject property; or I b. A water line failure has occurred on the subject property; or C. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent City inspection of the water meter indicates that the meter is functioning properly. l This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer's average water usage. For the purposes of this subsection, the "average water usage" shall be computed by determining the total volume of water consumed, under normal use I conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the City would typically read the customer's water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one (1) time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or 6 Water Rates and Monthly Demand Charges 1 subject to the exclusive control of the customer and be located between the City's water meter and owner's residence or structure. The bill sought for adjustment must exceed two (2) times the customer's highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment provided under this subsection, the City's finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer's monthly billing. In order to make a proper determination, City staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment. 4. If approved, the City shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system failure, inspection of water meter and water system, where applicable, and verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the City. 5. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the City Council through the City Council's operations committee. SECTION 2. - Rates and Monthly Demand Charge for Water Service Outside the City Limits. Section 7.02.310 of the Kent City Code, entitled "Water rates outside City," is amended to increase water rates as follows: Sec. 7.02.310. Water Rates Outside City. A. Water rates. The following staggered rates apply during the time periods listed below to all water customers outside the city limits of Kent. Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic 7 Water Rates and Monthly Demand Charges feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: Effective Date October 1 - April 30 May 1 - September 30 <_ 700 ft3 > 700 ft3 5 700 ft3 > 700 ft3 1 2/?1 1/ (1CfClnc�n ,I'i 64 n 1 i n � g g 01 i1 f1vTJv1/200004 01/01/2005 $1.90 $2.42 $2.32 $2.85 06/01/2009 $2.81 13.58 13.43 $4.22 01/01/2010 3.66 4.66 14.46 5.48 O1/01/2011 3.77 4.80 14,60 J5.65 01/01/2012 13.88 $4.94 $A.74 J5.82 01/01/2013 13.99 5.09 14,88 1199 01/01/2014 4.11 5.24 $5.02 6.17 All customersFates are also subject to a monthly demand charge for service and meter which is as follows: Charge Charge Charge Charge Meter size Ewe Effective Effective Effective (inches) 3anuary ; January 1, April 1, 2009 June 1, 2009 29&9t 2008 5/8 x 3/4 6 $5.26 $6.05 8.95 1 $4-4-9 $8.94 $10.28 J15.21 11/2 4 $13.64 $15.69 123.22 2 4 $18.09 $20.80 110.78 3 $38.35 $44.10 165.27 4 $46.47 $53.44 79.09 6 $48 93 $69.03 $79.38 ILL7.48 8 $64-.2-5 $88.50 $88.51 1150.63 10 $84-.-5-3 $113.03 $129.98 1192.37 8 Water Rates and Monthly Demand Charges Charge Charge Charge Charge Meter size Effective Effective Effective Effective (inches) January 1, January 1, January 1, January 1, 2010 2011 2012 2013 5/8 x 3/4 $6.96 $8 98 $9.20 $18.58 11.64 11.99 12.35 12.72 1 $11.82 $13.59 $15.63 9:7 19.78 120.37 20.98 2]..61 11/2 $18.04 5 $23.86 $27.44 30.19 $31.09 32.03 32.99 2 $23.92 $27.51 $34.64 $36.38 40.02 41.22 142.46 143.73 3 $5A 2 $58.3 3 $67?98 $77.14 84.85 $87.39 90.02 $22.72 4 $54.59 $62.78 $72.28 $83.93 102.82 1105.90 $109.08 112.35 6 $104.98 $139.7 3 $138.84 152.73 157.31 J162.03 166.89 8 $191.79 $117.96 $134.62 $434.81 195.82 JZP1.70 JZ07.75 1213.98 10 $�49.48 $4�90 $19;Z. $�2 34 250.08 JZ57.58 $265.31 12L73.27 Charge Meter size Effective (inches) January 1, 2014 5/8 x 3/4 $12.17 13.10 1 $20.67 22.26 1 1/2 $31.56 33.98 2 $41 84 45.04 3 $88.71 95.50 9 Water Rates and Monthly Demand Charges i f Charge Meter size Effective (inches) January 1, 2014 4 4& 115.72 6 $IZ59.66 171.90 8 $178.93 220.40 10 $261.44 281.47 B. Lifeline customers. The City Council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers outside the city limits, the following rates apply for water use per one hundred (100) cubic feet: Effective Date January 1 - December 31 1�i�ii anc� �$.$��4� ( ink I'vp.,,vn 011/^ik2494 $4-.5 3 01/01/2005 $0.56 06/01/2009 JQ.58 01/01/2010 JQ.59 01/01/2011 $Q.61 01/01/2012 JQ.63 01/01/2013 LQ.65 O1/01/2014 $Q.67 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. t 10 Water Rates and Monthly Demand Charges C. Rate adjustment. 1. Subject to the right of access and inspection by a representative of the City, water service customers of the City may apply for a one (1) time rate adjustment for any single billing period under the following circumstances: a. An accidental water leak has been discovered on the subject property; or b. A water line failure has occurred on the subject property; or C. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent City inspection of the water meter indicates that the meter is functioning properly. This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer's average water usage. For the purposes of this subsection, the "average water usage" shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the City would typically read the customer's water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one (1) time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the City's water meter and owner's residence or structure. The bill sought for adjustment must exceed two (2) times the customer's highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 11 Water Rates and Monthly Demand Charges 3. Following a request for rate adjustment provided under this subsection, the City's finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer's monthly billing. In order to make a proper determination, City staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment. 4. If approved, the City shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system failure, inspection of water meter and water system, where applicable, and verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the City. 5. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the City Council through the City Council's operations committee. SECTION 3. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. ` SUZETTE COOKE, MAYOR ATTEST: r i BRENDA JACOBER, CITY CLERK I 12 Water Rates and Monthly Demand Charges APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2009. APPROVED: day of April, 2009. PUBLISHED: day of April, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\WaterRates&Month IyDemandCharge-2009IncreaseFINAL.docx 13 Water Rates and Monthly Demand Charges REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR--" St T�7 S:k \ ��� � d 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 • ,7i 1 WASH IN o T o N OPERATIONS COMMITTEE MINUTES MARCH 17, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:04 p.m. 1. APPROVAL OF MINUTES DATED MARCH 3 2009 Thomas moved to approve the minutes of the March 3, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED FE RUARY 28 2009 Finance Director Bob Nachlinger presented the vouchers for February 28, 2009 for approval. Raplee moved to approve the vouchers dated February 28, 2009. Thomas seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE APPROVE THE ORDINANCE AUTHORIZING THE REFUNDING OF THE 1999 LTGO BONDS AND FORWARD THE ITEM TO THE APIL 7, 2009 CITY COUNCIL AGENDA.. Director of Finance Bob Nachlinger advised that this Ordinance authorizes the Administration to issue additional debt to decrease the outstanding 1999 LTGO bonds to take advantage of the reduced interest rate and the call date on the existing debt. The principal amount of the 1999 LTGO Bonds is $8,140,000 and the City will issue bonds in a sufficient amount to call all of these outstanding bonds at a lower interest rate than we are currently paying. Nachlinger further stated that depending on the changes in interest rates, we currently anticipate generating savings of between $300,000 and $600,000 from this transaction. In normal times I would structure these savings to accrue equally over the life of the bonds. However, I am structuring these bonds to provide these savings in this year and the next and replacing the future years with alike amount of costs. The budget impact for this bond issue is anticipated to be a reduction in our debt service costs of $250,000 in 2009 and as much as $350,000 in 2010. A detailed analysis and the committee recommendation is attached. Questions were raised be the Committee that Nachlinger responded to. Thomas moved to recommend that the Operations Committee approve the ordinance authorizing the refunding of the 1999 LTG® Bonds and forward the item to the ,April 7, 2009 City Council Agenda. Raplee seconded the motion, which passed 3-0. 2 1 Operations Committee Minutes 1 March 17, 2009 Page: 2 Committee Chair 'Tire Clary asked for information from Administration, so actually added a fourth item to the agenda. 4. FLOOD PLAIN AND RELATE® ISSUES Councilmember Clark advised that this item is a result of a discussion he had with Chief Administrative Officer John Hodgson regarding the discovery that a downtown Kent Insurance Company has posted a large scale map of the flood plain in Kent. There has been some concern expressed about which map was posted and being used to figure insurance rates. Environmental Engineering Manager Mike Mactutis gave a brief explanation of the history of what has happened to the FEMA maps over the last couple of years. He further explained that the original maps were issued in 1995, with a preliminary flood insurance rate remapping done in 2007. The City of Kent is currently appealing those maps due to the methodology used in their creation. Since the 2007 maps are preliminary only, the maps currently being used for flood insurance rates are still the 1995 maps. Insurance companies are still suppose to be using the 1995 flood plain maps. Questions were raised by the Committee that Mactutis responded to. Th eating cur ed at 4:25 p.m. Nancy CIS Operatio Committee Secretary I r 1, 1 Page 1 KENT City of Kent Parks and Human Services Committee Meeting Minutes of March 19, 2009 Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. Council Committee Members Present: Debbie Ranniger, Elizabeth Albertson and Tim Clark. Item #1: Meetina Minutes Dated February 19, 2009 Elizabeth Albertson moved to approve the minutes of February 19, 2009. Tim Clark seconded. The motion passed 3-0. Item #2: Rental Aareement with Hiahline School District for Camp Waskowitz - Authorize Highline School District's Camp Waskowitz has been the site of the Kent Parks Summer Residential Camp for the past twenty-nine years. The camp accommodates 160 boys and girls entering the 5tn, 6tn and 7t" grades. Campers experience nature, campfires, hiking and swimming - some for the first time. Thirty of the thirty-eight staff are volunteers and eight are paid a stipend of $300.00 for the week. Camp registration fees cover all program costs. Some of the senior leaders are teachers and nurses who take time off from work to participate in the program. One third to one half of the campers are funded through scholarships. Two fund raisers are coordinated each year by the Youth/Teen Manager Julie Stangle and staff to help support scholarships. Dave Street and has been the Camp Director for the past twenty-nine years. The camp is scheduled for August 6 - 10 this year. Tim Clark moved to recommend authorizing the Mayor to sign the rental agreement with Highline School District for the 2009 Summer Residential Camp at Camp Waskowitz. Elizabeth Albertson seconded. The motion passed 3-0. Walk on Item #3: Amendment to the Conservation Futures Interlocal Cooperation Aareement with Kina County for Ooen Space Acquisition Proiects - Authorize The City of Kent and King County entered into an Interlocal Cooperation Agreement (ICA) on January 29, 1991 for Conservation Futures Levy funds. They City of Kent applies on a regular basis and applications are due in March each year. When awarded a grant, King County prepares an amendment to the ICA to allocate those funds. The City of Kent was awarded a total of $1,085,000: • $150,000 in 2005 for Clark Lake Acquisition projects • $785,000 in 2006 for Clark Lake Acquisition projects • $150,000 in 2007 for Clark Lake Acquisition projects Page 2 On September 10, 2007, the King County Council approved Ordinance 15898 to allow the City of Kent to expend these funds on the acquisition of any parcel at Clark Lake. The City of Kent acquired the Clark Lake parcels in 2007 and will seek reimbursement as soon as Council accepts the amendment. Originally, grant applications were for the Walla property, Rockwell property, plus additional lake properties. The remainder of the lake property was purchased, but no Purchase and Sales Agreement has been obtained for the Walla property, as well as the other homeowners along the lake. The acquisition plan is to purchase parcels along 240tn Street and 248tn Street in the future. Lori Flemm gave an overview of the phased development plan. Priorities remain the same and still concentrate on the area off 248tn Street. Phase I: To expand parking lot, provide picnic shelters and flushed toilets. Currently, there is a small parking lot off 240th, a fishing pier off the lake and portions of trail system are in place -- built with the assistance of volunteers. Phase II (off 120th).. add to the parking lot and create a trail head connection. Phase III (off 240tn): after acquisition of the Walla house, develop an interpretive { center, create a larger parking lot, and add a bus drop off. { Phase IV: Develop the lake property itself and construct a retreat center/city community building, new parking lot, and widen access off of 240tn Elizabeth Albertson moved to recommend authorizing the Mayor to sign the Amendment to the Conservation Futures Interlocal Cooperation Agreement with I King County for Open Space Acquisition Projects, and amending the Land Acquisition Budget. Item #4: 2009 Potential Grant Application List — Informational The following list details the grants that Parks and Open Space staff actively research and apply for throughout the year to help defray the costs of acquisition and development of land. This list is not all-inclusive; staff takes every opportunity to apply for additional funding. Public Comment is required on many grant applications, so this is an opportunity for citizen input. r • Panther Lake: 6.6 acres, located in the potential annexation area, off 208tn Street. Applying for KC Conservation Futures funds. Debbie Ranniger questioned where the money will come from in light of state r budget cuts - especially with the potential reduction in capital funding. Debbie j also asked what is the likelihood of receiving these fund. Jeff Watling responded that these funds are from the state. We applied this year for next year's fiscal cycle. In answer to the likelihood, Jeff agreed the outlook isn't very positive, but our goals remain the same. In the case of the Panther Lake acquisition piece, it goes along with the Strategic Plan and is built into our PAA -- how we might Parks and Human Services Committee Page 2 Minutes of March 19, 2009 f Page 3 assemble park property without expending city funds. Debbie asked if we should be looking at other ways to fund these projects. Tim Clark recommended that staff examine the construction and maintenance side, instead of acquisition. He also suggested creating grants that help families with temporary employment. Jeff responded that our capital vision is three-pronged; acquisition, development and redevelopment. Jeff referred to the Parks Department 2009 budget presentation, as well as our capital program for this year, and our focus on reinvesting in the current park system. Jeff stated that traditionally, there are more dollars for acquisition than development. Also, CDBG funds will soon be available through the stimulus package for some of our capital projects. Jeff reiterated that staff continually look at alternative funding opportunities for development, redevelopment, along with acquisition. Tim Clark commented that CDBG funds often require matching money. He suggested putting the money towards some of our help groups, such as the Kent Parks Foundation, to see if that may enable us to capture a source of funds previously inaccessible. Lori Flemm continued with the details of grant applications. • Kent Side Hill: 27.74 acres, east of 167 and north of 212t" . Applying for KC Conservation Futures grants. Land owner will donate 50% of land value, so no city funds involved. • Shirley Francis Trust property: 4.7 acres on west hill off 238t" St. Landowner will donate 50% of the value. Applying for King County Conservation Futures. • Patchen's Property: 4.5 acres on east hill future botanical site. Intend to apply for largest parcel for $472,500. Applying for King County Conservation Futures funds. • Urban Forestry Management Plan: Consultant services to conduct hazard tree assessment and forestry analysis through King Conservation District reimbursable grant. • Volunteer events. Reimbursement grant for materials used at major planting/cleaning events through King Conservation District. • Kiwanis Tot Lot #1: Play equipment and site furniture through CDBG Economic Stimulus Funds. A public meeting for input on play equipment s scheduled for next week. • Clark Lake Park Invasive Plant Removal: Restoration of outfall creek/habitat areas by removing invasive plants and planting native plants. Earth Corps Stewardship Funds. • Urban Forestry Stewardship: Analysis of land and recommendations for sustainability through Bullitt Foundation. Parks and Human Services Committee Page 3 Minutes of March 19, 2009 i Page 4 iI 1 • Wilson Playfield Master Plan. Installation of new solar powered, interactive, high activity play equipment called Neos. Funds provided by a local service club. Item #5: Potential Off-leash Don Areas on East Hill — Informational The City of Kent owns several undeveloped park parcels on the East Hill of Kent. Citizens have requested a dog off-leash area on the East Hill. The City of Kent is working with King County and local cities along the Highway 18 corridor to locate a southeastern King County Regional off leash dog area. However, the acquisition cost of the selected site is cost prohibitive at this time. To solve this demand voiced by citizens, staff is analyzing the use of underdeveloped, 1-2 acre park sites as interim off leash dog areas. The proposed sites are: Chestnut Ridge, Morrill Meadows, East Hill Park, 272nd Street Park , Pine Tree Park, 132nd Ave. Park, and Springwood Park. A Public meeting is tentatively planned for May 12, on the east hill. To save money, no postcards will be mailed. Public notification will be through the newspaper, the city's Web Page, neighborhood associations, and emails using the off leash dog park data base. Cost estimates will be ready for the public meeting, and Planning and Permitting staff are under advisement. Audience member Gene Bruce of Chestnut Ridge asked how to define a wetland. Lori Flemm explained that wetland areas are identified by certain soils, vegetation and standing water. Debbie Ranngier suggested including a flip chart at the public meetings to generate volunteer interest in maintaining the interim dog parks. Item #6: Follow-up Report on HVAC Systems at Riverbend Golf Complex and Centennial Buildina — Informational As stated in the report last month to Committee, staff initiated a conversation with McKinstry on an ESCO program regarding the need to replace the HVAC at Centennial and Riverbend. Late last month the Department of Energy sent notices of an Energy Efficient Block Grant Program offered through the energy stimulus package. Though funds have been delegated to Kent, details of the implementation have not been released. Both HVAC projects at Riverbend and Centennial Building qualify for these funds. The Riverbend project will rate very high because of its alternative energy component. Staff continue to look at creative ways to complete the HVAC project at the Centennial Building, i.e. phasing the project would have less impact to the budget, or scheduling construction during daylight hours and re-locating staff temporarily may speed up project completion, therefore keeping costs down. Staff will keep the Committee updated as funding is dedicated and strategies are prepared. 1 I Parks and Human Services Committee Page 4 Minutes of March 19, 2009 I Page 5 Item #7: What's Happening As reported during the Parks Committee meeting in February, the city was approached by the Federal Way School District to jointly plan and design a new neighborhood park up on west hill. The proposed site is West Hill Park and linking to Sunnycrest Elementary School. Federal Way is looking at site options and costs. City staff will get public engagement and gather feedback. An interlocal agreement will be necessary to define this partnership and financial responsibilities. More to come as site options are reviewed and an agreement is negotiated. Staff began the process for updating the Comprehensive Park & Recreation Plan and the Parks & Open Space element of the Comprehensive Plan. The first step is gathering public input. A survey will be available online to help us understand how we can meet our citizen's needs in the years to come. Public input gathered through the update process will help direct our future parks planning efforts. The survey can be accessed via a link on the City's homepage, as well as the current project webpage. In addition, surveys will be made available at other Parks facilities such as the Senior Center and Resource Center. There are no signs of decreased participation in programs or services. Community Garden rentals opened this week and all 20x20 lots were fully booked in two days. Registration for the elementary school track program is very high. Twenty six of twenty eight elementary schools are involved. Just over 1,300 have registered already. There has been an increase for requests of full scholarships. The program starts Monday at Willson Playfields from 4:00 to 6:00 p.m. The program culminates at the Junior Olympics in May at French Field. Representatives of the Faith community have been invited to meet and discuss a cooperative effort to manage human service needs on April 1, at the Senior Center from 11:00 to 12:30 p.m. On April 14, the Housing and Human Services Division, along with the City of Renton and South King Council of Washington, is hosting a meeting to bring South King County agencies together to discuss the current funding situation for human service programs. For the 4th year in a row, the Spotlight Series brochure was recognized as "Best Brochure." Parks also received a silver award for "Best Overall Promotional Campaign" for the Summer Concert Series. The 2008 Christmas Rush was awarded a silver for "Best T-shirt Design" and the 2008 Fourth of July Splash poster received a Bronze for "Best Advertising/Promotional Poster." Many thanks to the Multi Media Department for their creativity and congratulations on the cooperative effort with Cultural staff. On Saturday, March 21, Park's staff, Police staff and Service Club volunteers will paint over graffiti in parks, on city buildings/businesses. Starbucks is donating coffee in the morning and Chiptole's is providing lunch. Dave Hobbs, President of Kiwanis and Parks and Recreation Program Specialist has been an integral part in coordinating graffiti clean-up efforts in Kent. Parks and Human Services Committee Page 5 Minutes of March 19, 2009 Page 6 A Public Meeting for Kiwanis Tot Lot #1 is scheduled for Tuesday March 24, from 6:00 -7:30 p.m. in Kent City Hall. Kids are encouraged to come and pick out play equipment. In an effort to continually search for sustainable products, Tim Clark encouraged to Park's staff to attend the Green Festival in Seattle on the March 28 and 29. The conference is committed to providing new and innovative ways to be energy efficient. f Debbie Ranniger asked two boy scouts to share what they had learned by attending the Committee meeting. Chris Bruce: Troop #407, referred to the city considering Chestnut Ridge Park to be a dog park, and Ian Bruce: Troop #407, learned that a 1 solar powered Neos playground equipment is being installed at Wilson Playfields. Debbie Ranniger suggested Neos play equipment for the proposed neighborhood park at west hill. The meeting adjourned at 6:12 p.m. Respectfully su mi ted, Teri Petrole ' Committee Council Secretary 1 1 Parks and Human Services Committee Page 6 Minutes of March 19, 2009 1 1 400 KENT WASH)NGTON PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MARCH 9, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Danielson SECONDED to approve the Minutes of February 9, 2009. Motion CARRIED 3-0. 2. FIELDSTONE NEIGHBORHOOD COUNCIL RESOLUTION Neighborhood Program Coordinator Toni Azzola explained the objective of the neighborhood program. She introduced the new Fieldstone Neighborhood Council stating that this community is located off 240th and includes 59 homes. Three residents from the Neighborhood Council were in attendance. Residents stated that they are working on putting together a block watch and asked for ideas on how to get more neighborhood involvement. Council members gave ideas and examples from existing neighborhood programs. Danielson Moved to recommend that Council adopt the proposed Resolution which recognizes the Fieldstone Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Clark Seconded the Motion. Motion Carried 3-0. 3. TRANSPORTATION 2040 UPDATE Principal Planner Stephen Kiehl with the Transportation Planning section of the Puget Sound Regional Council reported on the Transportation 2040 plan. He gave a PowerPoint presentation on updating the Regional Transportation Plan. The presentation included a forecast of population and jobs, comparisons of the Puget Sound Region with other regions in the U.S., a baseline transportation plan and five plan alternatives. Clark raised questions regarding linking 167 back to Interstate 5 and air quality; Kiehl responded. Kent citizen Jeff Coxey asked for clarification regarding tolls; Kiehl responded. Albertson thanked Kiehl for helping to educate the public on the process for making transportation decisions. This report was for informational purposes only. Adiournment Chair Albertson adjourned the meeting at 7:20 p.m. Molly Bartlemay Acting Planning & Economic Development Committee Secretary S:\Permit\Plan\PEDC\2009\Minutes\Mar-9-09_PEDCmin.doc • KENT WASHINGTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 10, 2009 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair • The meeting was called to order by Chair Ron Harmon at 5:02 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the February 10, 2009 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. Washington Association of Sheriffs and police Chiefs $7,000 award - ACCEPT Police Chief Steve Strachan stated the funds would be used to purchase two Lidar Radar units and one hand held radar unit for the Kent Police Department. J. Danielson moved to recommend that Council accept the Washington Association of Sheriffs and Police Chiefs Traffic Safety grant in the amount of $7,000. The motion was seconded by L. Thomas and passed 3-0. 3. Washington Auto Theft Prevention Authority grant application - AUTHORIZE Chief Strachan and Research and Development Analyst Debra LeRoy explained the purpose of the application was for continuation funding for the PATROL task force. L. Thomas moved to approve the Kent Police Department's request to apply for the Washington Auto Theft Prevention Authority grant in an amount not to exceed $1,338,500. The motion was seconded by J. Danielson and passed 3-0. 4. U.S. Department of Justice grant application - APPROVE Chief Strachan and Debra LeRoy explained the Cops Hiring Recovery Program grant application for $680,500. J. Danielson moved to approve the Kent Police Department's request to apply for the U.S. Department of Justice grant. The motion was seconded by L. Thomas and passed 3-0. S. Washington Traffic Safety Commission grant application- AUTHORIZE Chief Strachan explained the funds would be used for officer overtime costs for emphasis patrols. L. Thomas moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant not to exceed $14,000 for street racing emphasis patrols. The motion was seconded by J. Danielson and passed 3-0. 6. Legislative Update - INFO ONLY Chief Strachan spoke about three issues before the Legislature this session: 1. Washington Auto Theft Prevention Authority - continuation funding from $10 per traffic citation statewide. 2. Rental Housing Ordinance - Kent's program has become a state model and is successful because of the relationships between apartment managers and police officers. L. Thomas gave credit to Deputy City Attorney Pat Fitzpatrick for his work in developing the ordinance. L. Thomas also remarked that Kent encouraged participation from apartment managers and the rental housing organizations over j several months before the ordinance was adopted. 3. Impoundment of vehicles driven by customers of prostitutes - the bill passed through the House last week 94-1. ` 7. EMS Prehospital Participation Grant - ACCEPT j Fire Chief Jim Schneider explained how the grant funds would be used to provide I trauma care. L. Thomas moved to accept the EMS Prehospital Participation Grant in the amount of $1,650. The motion was seconded by J. Danielson and passed 3-0. 8. King County Contract to Receive Basic Life Support Services levy funds - 4 ACCEPT and AUTHORIZE Chief Jim Schneider explained the amount that Kent Fire Department will receive in 2009 is $1,212,191. This is the second year of a six year levy period for the basic life support services funding. J. Danielson recommended that Council accept the Basic Life Support levy funds and authorize the Mayor to sign the contract with King County. The motion was seconded by L. Thomas and passed 3-0. The meeting adjourned at 5:45 PM. Jo Thompson, Public Safety Committee Secretary l . k i 1 i Public Safety Committee Minutes 2 February 10, 2009 1 PUBLIC WORKS COMMITTEE MINUTES March 16, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Members Debbie Raplee and Ron Harmon were present. The meeting was called to order at 4:37 p.m. It was noted at the beginning of the meeting that since the time for the meeting was changed from 5 p.m. to 4:30 p.m., it is a special meeting. Therefore, any special notice provisions apply and items cannot be walked on—you are limited to the items listed on your agenda. ITEM 1- Approval of Minutes Dated March 02, 2009: Committee Member Raplee moved to approve the minutes of March 02, 2009. The motion was seconded by Harmon and passed 3-0. ITEM 2— 2009 Design & Construction Standards &Adoption of Ordinance: Public Works Director, Larry Blanchard thanked staff for their work on this extensive document. Development Engineering Manager, Mike Gillespie explained that the Design and Construction Standards (Standards) are utilized by both City staff and private design professionals when designing projects for construction in the City of Kent. The Standards provide the accepted processes and methods to be used for public and private infrastructure construction. The Standards have not been comprehensively updated since 1993, with the exception of minor modifications as approved by the Public Works Director. The Standards were submitted to the Washington State Office of Community, Economic and Trade Development for expedited review. No comments were returned. Committee members asked for more time to go over the 2009 Design & Construction Standards before making a decision. It was decided to hold off on a motion until the April 6, 2009 Public Works Committee meeting. ITEM 3 — Resolution — Residential Traffic Calming Program: Engineering Supervisor, Chad Bieren and Transportation Engineering Specialist Rob Knutsen explained that a comprehensive review of the City's existing Neighborhood Traffic Control Program was completed in an effort to improve its effectiveness. City staff worked with a local transportation engineering firm to collect and analyze neighborhood traffic calming programs throughout the region and to develop a more effective and streamlined program. They went on to explain features of the program. Raplee moved to recommend a resolution of the City of Kent Council, repealing Resolution No. 1546 and adopting a new Residential Traffic Calming Program and authorize the Public Works Director to establish and implement a Residential Traffic Calming Program to better respond to residential area traffic problems and authorize the Public Works Director to implement the new program. The motion was seconded by Harmon and passed 3-0. ITEM 4 —Information Only/Status of Transportation Master Plan Proposed Funding Option — Transportation Impact Fee (TIF): Senior Transportation Planner, Cathy Mooney handed out another copy of the Rate Study for Transportation Impact Fees explaining, that although the committee has seen the information before, she thought it would be beneficial to have time to look at it again prior to the April 7th Workshop. Information Only No Motion Required Adjourned: The meeting was adjourned at 5:29 p.m. Next Scheduled Meeting: Monday, April 6, 2009 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 1 of 1 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION