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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/03/2015 rrrv�i owr � �V�dlfiUlyi9Jltlb,/ ,•'0//i ,; r, �/%rrlrl�/r�,(�� ,/��r✓r%p// c% .!//,///r%�//�✓irri „ , m w � . r //r�rr /i//j r�!i//I�/i r/f�i� /iY%/rr/I/���✓/i%/i/mild%0!J,'f/IIIYJU�,,�ria,.. " I a u�,: 4�: y r r , al Jf4 s urf rr H"J . ,�$� jYj ff�b j"/✓�i rs'r/� ! ` U� lNl i %rNrA�iijsrrr�}t� e 'v f f ad«W„4„ This page intentionally left blank. KENT CITY COUNCIL AGENDA February 3, 2015 KENT Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 P.M. Subiect Speaker Time Green River System-Wide Improvement Framework & Resource Planning Areas Mike Mactutis 60 min COUNCIL MEETING AGENDA 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. 2015 Community Arts Support Program Recipients C. Appointment of Josh Bang to the Lodging Tax Advisory Committee D. Community Events E. Economic and Community Development Committee Report F. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Payment of Bills — Approve B. Goods & Services Agreement with Site Welding Services, Inc. for Metalwork at the Green River Natural Resources Area — Accept as Complete C. Solid Waste Utility Street Projects — Approve (Continued) This page intentionally left blank. COUNCIL MEETING AGENDA CONTINUED D. Ordinance Amending KCC 5.03 "Taxicabs and Vehicles For-Hire" — Adopt E. Goods & Services Agreement with KOMPAN, Inc. for Play Equipment at Kent Memorial Park — Authorize F. 2014 Fourth Quarter Fee-in-Lieu funds - Accept G. Singh Heights Final Plat — Approve H. Appointment of Josh Bang to the Lodging Tax Advisory Committee — Approve I. Amendment #6 to Contract with LifeWise Assurance Company for Stop Loss Coverage - Authorize 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110 (1) (c) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov 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. This page intentionally left blank. COUNCIL WORKSHOP 1) Green River System-Wide Improvement Framework & Resource Planning Areas - Mike Mactutis This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) 2015 Community Arts Support Program Recipients C) Appointment of Josh Bang to the Lodging Tax Advisory Committee D) Community Events E) Economic and Community Development Committee Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar — 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Bills: Approval of payment of the bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 20, 2015. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/14 Wire Transfers 6102 - 6117 $1,597,748.26 12/31/14 Regular Checks 688964 - 689539 $6,373,248.95 Void Checks ($0.00) 12/31/14 Use Tax Payable $3 138.32 $7,974,135.53 Approval of checks issued for payroll for December 16 through December 31 and paid on January 5, 2015: Date Check Numbers Amount 1/5/2015 Checks 336835 - 336837 $828.11 Voids and Reissues 1/5/2015 Advices 339510 - 340298 $1,344,474.06 $1,345,302.17 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 713 TO: City Council DATE: February 3, 2015 SUBJECT: Goods & Services Agreement with Site Welding Services, Inc. for Metalwork at the Green River Natural Resource Area - Authorize MOTION: Authorize the Mayor to accept the Metalwork at the Green River Natural Resources Area as complete and release retainage to Site Welding, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The Green River Natural Resources Area (GRNRA), the city's 304-acre storm water treatment, flood control and wildlife habitat creation project, has experienced extensive damage from vandalism and metal theft. Public Works Engineering solicited bids to repair, supply, fabricate and install handrails, walking grates and water level sensor mounts, Site Welding Services, Inc., was the low bidder. Four sites at the GRNRA have been repaired and restored to working condition through this contract. Aluminum parts have been replaced with painted steel, which is much less valuable as scrap metal and less likely to be stolen. The total cost of this project was $37,182.92, which was equal to the original bid. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: No unbudgeted funds will be required. This contract will be paid with Storm water Utility Funds. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: February 3, 2015 SUBJECT: Solid Waste Utility Street Projects — Approve MOTION: Recommend Council approve the 2015 Solid Waste Utility Tax Residential Overlay project list. SUMMARY: Prior to the adoption of the solid waste utility tax, public works staff identified a number of residential streets throughout the City in need of an asphalt overlay. We shared these locations with the city council last fall. In preparation for the 2015 construction season, staff has reviewed the aforementioned streets, and we recommend prioritizing the following road projects for overlays, depending upon the availability of the additional tax funds: Street Name From To �1 109 Ave SE SE 256 St SE 248 St 118 PI SE SE 256 St SE 251 St 118 PI SE SE 256 St south end of street 3 Lake Fenwick Rd Reith Rd SE 259th Place S 254th St Lake Fenwick Rd S 256 St S 253 St S 254th St S 252 PI 43 PI S entire length entire length 42 PI S entire length entire length Preliminary design work to determine the extent of rehabilitation is currently underway. Along with the extent of the needed rehabilitation measures, the cost of asphalt will affect the amount of work that can be performed within the identified 2015 budget of $1.5 million. EXHIBITS: Proposed Solid Waste Utility Funded Street Capital Projects map dated January 16, 2015. The map lists the streets and their priority, number 1 being the highest priority. RECOMMENDED BY: Public Works Committee YEA: Ralph — Fincher — Higgins NAY: BUDGET IMPACTS: Subject to availability of designated utility tax funds. The preliminary budget for improvements has been set at $1.5 million. This page intentionally left blank. - ry - w w al o c nn N N LL � aL i w 1 C5 aa nor �� g � lL /f \- M__ PH 811eA3 f-- 1 dq x _ m 1 y N S xBL n ' - ea""_ d / �— r , 7W -XMH alleAM ,l 4 / FIF N A .....� OA ry E N m _N S tl 9L c fiJ This page intentionally left blank. KENT ...... Agenda Item: Consent Calendar — 7D TO: City Council DATE: February 3, 2015 SUBJECT: Ordinance Amending KCC 5.03 "Taxicabs and Vehicles For-Hire" — Adopt MOTION: Adopt Ordinance No. , amending Chapter 5.03 of the Kent City Code, entitled "Taxicabs and Vehicles For-Hire," to update the Kent City Code in conformity with the King County Code. SUMMARY: In 2007, King County and the City of Kent entered into an Interlocal Agreement (ILA) to provide a uniform county-wide system of licensing and regulating taxicabs and vehicles for-hire. The ILA required that the City of Kent enact an ordinance that was substantially similar to, or adopts by reference King County Code, Chapter 6.64. King County currently contracts with 16 other municipalities, and the Port of Seattle, for the regulation of taxicabs and vehicles for-hire. Since 2012, new transportation options that make use of application-based technology (apps) on smartphones have entered the market. The new organizations that use this technology as part of their business model have come to be known as Transportation Network Companies (TNCs). These new entrants have not been regulated and have not been subject to the county's requirements. On September 9, 2014, King County adopted ordinance 2014-0187 making changes to existing regulations for TNCs in three primary areas: (1) add new regulations affecting TNC organizations, drivers, and vehicles; (2) make other changes to regulations that affect taxi, for-hire, and TNCs and (3) modify the county code to streamline and update existing regulations. This proposed ordinance reflects the revisions adopted by King County. Exhibits: Ordinance Recommended By: Operations Committee YAY: Boyce - Ralph — Thomas NAY: Budget Impact: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Ch. 5.03 of the Kent City Code, entitled "Taxicabs and Vehicles For-Hire," to update the Kent City Code in conformity with the King County Code, which has been amended to provide regulation for Transportation Network Companies (TNC). RECITALS A. RCW 81.72.210 provides that local municipalities may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions. B. In 1975, the city of Kent adopted Ordinance No. 1922, which required taxicab companies operating in the city of Kent to obtain a city business license and a King County taxicab or for-hire vehicle license. This ordinance was later codified in Ch. 5.03 of the Kent City Code. C. Although the caption of Ordinance No. 1922 stated the intent was to adopt King County taxicab regulations, no specific language of such adoption was made within the body of the ordinance and no agreement was entered into between the city and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the city of Kent. Ordinance No. 3838, adopted by the City of Kent in 2007, corrected that oversight. D. In 2007, King County and the City of Kent entered into an Interlocal Agreement for Licensing of Taxicabs and For-Hire Vehicles. Section 1.1 of the 1 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority Interlocal Agreement provides that the City of Kent "shall enact an ordinance that is substantially similar to, or adopts by reference King County Code, Chapter 6.64, as now in effect or as hereafter amended." The purpose of this Ordinance is to comply with this provision of the Interlocal Agreement by updating the Kent City Code to reflect the changes made to the King County Code. E. Ch. 39.34 RCW allows municipalities to contract with one another for cooperative action in order to make the most efficient use of their powers. In order to adequately protect the interests of the county, the city, and their respective citizens, it is desirable to provide for a uniform county-wide system of licensing and regulating taxicabs and for-hire vehicles and their drivers. F. King County currently contracts with 16 other municipalities, and the Port of Seattle, for the regulation of taxicabs and for-hire vehicles—Auburn, Bellevue, Burien, Covington, Enumclaw, Federal Way, Kenmore, Kirkland, Maple Valley, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, and Seattle, and Shoreline. Therefore, King County Records, Elections, and Licensing Services Division is well qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business. Accordingly, the city desires to continue utilizing the assistance of King County in regulating taxicabs and for-hire vehicles, and the driver's thereof, within the city of Kent. G. Transportation Network Companies (TNC) provide application dispatch services via technology that allows consumers to directly request dispatch of for-hire drivers for trips using mobile interfaces such as smartphone applications. A TNC driver is a licensed for-hire driver affiliated with a licensed TNC, driving a personal vehicle that has been endorsed by the TNC. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority ORDINANCE SECTION 1. - Amendment. Ch. 5.03 of the Kent City Code, entitled "Taxicabs and Vehicles For-Hire," is amended to read as follows: CHAPTER 5.03 TAXICABS, VEHICLES FOR-HIRE AND TRANSPORTATION NETWORK COMPANIES Sec. 5.03.010. City of Kent business license required. All taxicab,for- hire vehicle companies and Transportation Network Companies located and/or operating within the city shall secure a city business license. Sec. 5.03.020. King County taxicab, for-hire vehicle, and Transportation Network Company license required. All taxicabs,for-hire vehicles, and Transportation Network Companies (TNC) operating within the city shall secure a King County taxicab, for-hire vehicle, or TNC license. Sec. 5.03.030. Appointment of licensing and enforcement authority. A. Pursuant to an interlocal agreement, the director of the King County Department of Executive Administration, and his or her authorized representatives, are delegated the power to determine eligibility for King County taxicab, for-hire vehicle, and Transportation Network Company licenses and the power to enforce the provisions of this chapter, which shall include the power to deny, suspend, or revoke King County taxicab, for-hire vehicle, and Transportation Network Company licenses. A copy of the interlocal agreement shall be available in the city clerk's office for use and examination by the public. B. Denial, suspension, or revocation of any King County taxicab,for-hire vehicle, or Transportation Network Company license shall cause the immediate denial, suspension, or revocation of any Kent business license issued for the operation of taxicab, for-hire vehicle, or Transportation Network companies. 3 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority Sec. 5.03.040. Licensing and regulation of taxicab, for-hire vehicles, and Transportation Network Companies—Adopted by reference. A. The following sections of Ch. 6.64 of the King County Code, as currently enacted or as later amended or recodified, are adopted by this reference and shall have the same force and effect as if set forth in this ordinance, except that, unless the context indicates otherwise, the word "county" and the words "King County" shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances. B. If a county ordinance specifically adopted in this chapter refers to another county ordinance not specifically adopted in this chapter, the ordinance referred to shall be given the force and effect necessary to enforce the ordinance specifically adopted in this chapter. King County Code §: Title: 6.64.010 Definitions. 6.64.015 Interlocal agreement. 6.64.021 Rules adoption. 6.64.026 Fees-procedure for setting - notice - effective date - posting - approval of new fees by ordinance. 6.64.101 Medallions - distribution and use - administrative fee - rules adoption (takes effect February 1, 2015). 6.64.111 Fee surcharge for taxicab licensees, for-hire vehicle licensees and transportation network companies - use of fee surcharge - rules adoption. 6.64.121 Taxicab association license (takes effect January 1, 2015). 6.64.131 Taxicab association license - minimum representation or ownership. 6.64.141 Taxicab association - annual application - notice of changes - expiration - lease, transfer or assignment prohibited. 6.64.151 Taxicab association license not a right - denial of application or renewal. 4 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority 6.64.161 Taxicab association color schemes - director approval. 6.64.171 Taxicab association license - revocation or suspension. 6.64.181 Taxicab association - other requirements. 6.64.191 For-hire vehicle company - requirements. 6.64.201 Transportation network company - license required - application dispatch system unlawful except if licensed transportation network company or used exclusively for certain taxicabs or for-hire vehicles. 6.64.211 Transportation network company - license requirements. 6.64.221 Transportation network company - annual application - notice of changes - expiration - lease, transfer or assignment prohibited. 6.64.231 Transportation network company license not a right - denial of application or renewal. 6.64.241 Transportation network company - revocation or suspension. 6.64.251 Transportation network company - other requirements. 6.64.261 Transportation network company - drivers active on dispatch system must have for-hire driver's license - required vehicles for drivers active on dispatch system. 6.64.271 Transportation network company vehicle endorsement - requirements of persons, vehicles. 6.64.281 Transportation network company vehicle endorsement - annual filing - certificate - expiration - lease, transfer or assignment prohibited. 6.64.291 Transportation network company vehicle endorsement - denial of application. 6.64.295 Transportation network company vehicle endorsement - suspension - ceasing operation and surrender of decal. 6.64.300 Taxicab, for-hire vehicle or transportation network company endorsed vehicle - appropriate license required. 6.64.310 Taxicab and for-hire vehicle application - additional requirements. 6.64.320 Taxicab and for-hire vehicle application - additional requirements. 5 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority 6.64.330 Taxicab and for-hire vehicle applicants - requirements of person, officer or registered agent. 6.64.340 Taxicab and for-hire vehicle applicants - requirement of vehicles. 6.64.350 Insurance required. 6.64.360 Certificate of safety - maintenance and service records retention - maintenance of vehicles - certification required of vehicles previously determined to be total wrecks or total losses - factory specifications required for rebuilt or significantly altered vehicles - ensurance of safety compliance and maintenance by vehicle owner - placement of vehicles out of service if determined to be immediate safety hazards 6.64.380 Taxicab and for-hire vehicle license expiration. 6.64.390 Taxicab and for-hire vehicle license plates, decals or tag s. 6.64.400 Taximeter. 6.64.410 Consumer information board. 6.64.420 Taxicab and for-hire licensee - responsibilities. 6.64.430 Standards for denial - Taxicab or for-hire vehicle license application. 6.64.440 Standards for suspension or revocation - taxicab or for-hire vehicle. 6.64.450 Destruction, rendering permanently operable, sale, replacement or retirement of a taxicab. 6.64.460 Ceasing operation and surrender of license plate or decal and taxicab or for-hire vehicle license. 6.64.500 For-hire driver's license required. 6.64.510 For-hire driver's license - initial and annual application. 6.64.520 For-hire driver's license - investigation. 6.64.530 For-hire driver's license - qualifications. 6.64.540 For-hire driver's license - temporary permit. 6.64.550 For-hire driver's license - application null and void if applicant fails or neglects to complete the application process or obtain a license. 6.64.560 For-hire driver - certification of being physically and mentally fit - medical examination upon appearance of incapacitation rendering licensee unfit. 6.64.570 For-hire driver - required training. 6 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority 6.64.580 For-hire driver - examination. 6.64.590 For-hire driver - Driving abstract. 6.64.595 For-hire license - pick up directly from director - "for-hire permit"display for applicant affiliated with transportation network company - form of license - determined by director - placement. 6.64.600 For-hire driver license - denial of application 6.64.610 For-hire driver's license - suspension or revocation 6.64.620 For-hire driver - additional requirements for license issuance. 6.64.630 For-hire driver - license expiration. 6.64.640 For-hire driver - operating standards. 6.64.650 Driver - vehicle safety standards. 6.64.660 Driver - conduct standards. 6.64.665 Transportation network company's driver - additional standards. 6.64.670 Taxicab meter and rates standards. 6.64.680 Driver-passenger relations standards. 6.64.690 Driver - soliciting and cruising standards. 6.64.695 Driver - taxicab zone standards. 6.64.700 Taxicab - maximum number. 6.64.710 Transfer or sale of license. 6.64.730 Taxicab response times. 6.64.740 Director - annual report. 6.64.750 Determination of fare and number of licenses. 6.64.760 Rates - requirements - rules adoption. 6.64.800 Penalties. 6.64.830 Notice and order of denial, suspension, revocation of license or assessment of civil penalty. 6.64.900 Consumer complaint hotline. 6.64.910 Passenger complaint process. SECTION 2. - 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. 7 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority SECTION 3. - 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: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. 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) RONALD F. MOORE, CITY CLERK P AC...\0,J,n,n11U111 tdn9¢unbPe9111t1 Amend to upd,t,with mrrent re9Wzfions.do, 8 Taxicabs, Vehicles For-Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority KENT ...... Agenda Item: Consent Calendar — 7E TO: City Council DATE: February 3, 2015 SUBJECT: Goods and Services Agreement with KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize MOTION: Authorize the Mayor to sign the agreement with KOMPAN, Inc. in the amount of $42,571.00, including Washington State Sales Tax, for the purchase and delivery of new play equipment for Kent Memorial Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: In addition to its primary use for baseball, Kent Memorial Park serves as a neighborhood park for the 1,622 children under the age of 14 in its census tract. Many of the park users live in the over 1,000 multi-family housing units within a half mile of the park. The existing playground was installed in 1997. It is heavily used and in a state of deterioration. Typical playgrounds have a useful life of 15 years in a public park setting. A number of play elements have broken and been removed from the playground. This "Explorer Dome" will be the anchor piece of equipment in the re- development of the play area this year, providing an opportunity for children to participate in safe, creative, unstructured play. If authorized, the purchase will be processed through the U.S. Communities Cooperative Purchasing Agreement. EXHIBITS: Draft Goods & Services Agreement including Sales Proposal RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Expenditure impacts the Parks Lifecycle Budget This page intentionally left blank. GOODS & SERVICES AGREEMENT between the City of Kent and KOMPAN, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KOMPAN organized under the laws of the State of Washington, located and doing business at 930 Broadway, Tacoma, Washington 98402; 888- 579-8223 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. i Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in Exhibit A, hereto attached: Provide and deliver one (1) Explorer Dome playground structure, for installation in Kent Memorial Park in 2015. This agreement is for equipment purchase only, no labor or installation will be provided by the vendor. This purchase is funded by the Parks Lifecycle Budget. 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 j complete the work and provide all goods, materials, and services by September 30, 2015. i I1I. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty- Two Thousand, Five Hundred Seventy-one dollars and no cents ($42,571.00), 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: i GOODS &SERVICES AGREEMENT - 1 /nvar It In nnn nn inrlr iltinrt INCCTI '.. i Vendor will submit a single invoice 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. I 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. i� GOODS & SERVICES AGREEMENT - 2 (over$10,000.00, includin4 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 fnvar tin nnn nn_ lnrb,drnn WSRT CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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). VIYI. 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 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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. 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. GOODS &SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) XIV. MIISCELLANEOUS 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 the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over 810.000.00. includina WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (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: Peter Tammetta Brian Levenhagen Highwire Inc. City of Kent 1901 S. Jefferson, Ste 301 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (206) 661-8320 (telephone) (253) 253-856-5116 (telephone) peter@highwireus.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: Kent Law Department N\Planning\Kent Memorial Park\P1aVgrouod2015\Exp1orer Dome oontrad dots\Explorer Dome-CCNTRAC do<x i GOODS & SERVICES AGREEMENT - 7 (Overtin.000.00. including WSST DECLARATION CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 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 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT INSURANCEQUI ME TS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: i EXHIBIT B (Continued) 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. EXHIBIT A as SALES PROPOSAL OCOROCORD KOMPAN,INC."930 Broadway,Tacoma,WA 98402*Tel 1-888-579-8223*Fax 1-888-579-8224*www.kompan.com KOMPAN is a proud supplier partner of Date 01116/15 Expiration Date 02115t15 Proposal No. SP33742 U.S.COMMUNITIES'' Project City of Kent CCZVERN6IEN'r PURCHASING At LIANCIR Ship to State/Zip WA 98032 _ Customer Service Representative Jilsca 4§Y' "``` 'r.e.. Sales Representative Highwire Payment Terms NET 30 L..... Site Location: 160359 City of Kent '..... TBD Kent, 98032 '.... United States ''... Invoice-to: 160359 Ship-to: City of Kent City of Kent 220 4th Ave.S. TBD Kent,WA 98032 Kent,WA 98032 United States United States Phung Huynh Phung Huynh Qty. Item No. Description Unit Price Retail Price Disc.% Net.Price U.S.Communities Contract#110171 1 COR88630203 EXPLORER DOME Green Ropes 52,250,00 52,250.00 23.45 39,995.00 1 FRT-PA Freight Middletown PA 2,576.00 2,576.00 2,576.00 42 571 00 Total —. "—". .�_ .— i Comments: This quote assumes direct delivery. This quote includes a charge for litigate service. This quote is for equipment only.No site work,or installation is included in this proposal. Please allow 8-10 weeks for product delivery upon order placement. EXHIBIT A (Continued) Summary: Retail Price Discount Net Price _ -- Subtotal-KOMPAN Products 52,250,00 12,255.00.00 2,25 0.00 39,995.00.00 .00 0. Subtotal-Other Products 00 0.00 00 0.00 0.00 0.,00 Subtotal-Surfacing 0.00 0.00 0.00 Subtotal-Installation&Other Services 2,576.00 0.00 2,576.00 Subtotal-Freight ----- ----- ---� 64,826.00 12,255.00 42,571.00 Subtotal (Applicable sales tax will be added unless a valid tax exemption certificate Is Estimated Tax Rate 9. % provided.This amount is only an estimate of your tax liability.) 4,044,25 Total ..�" --. a Your acceptance of this proposal constitutes.validorder requestantl KOMPAN Authorized Signature: Includes acceptance of terms and conditions contained within the Master Argeement,which is hereby acknowledged.Acceptance of this proposal by Accepted By(signature): __ KOMPAN is acknowledged by issuance of an order corporation by an ',.. authorized KOMPAN representative.Prices in this quotation are good for 60 Accepted By(please print): days. This proposal may be withdrawn if not accpeted by 03/17115, Date: KOMPAN Products are"Buy American"qualified,and compliant with the Buy American Act of 1933 and the"Buy American"provision of the ARRA of 2009. ill 'I KENT ...... Agenda Item: Consent Calendar — 7F TO: City Council DATE: February 3, 2015 SUBJECT: 2014 Fourth Quarter Fee-in-Lieu Funds — Accept MOTION: Accept $11,625.00 for Fee-in-Lieu-of funds, amend the Community Parks Reinvestment Program budget and approve future expenditures. SUMMARY: Between October and December 2014 the City of Kent received a total of $11,625.00 from the following developer, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. Springwood Park: $11,625.00 from Jarnail Singh EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Revenue and expense of $11,625.00 impacts the Community Parks Reinvestment Program Budget. This page intentionally left blank. o �I �I JQ d as L o �- N N N a � 66 E' o, Ni U'`o o' a e L I o m �6 C � N E o z c � o � V NM U J it w a d N c vi, E' , �t u m m I tt7 N n u � o � o Y _ N C O N M Q d a � W V O N o o s � V � Z o This page intentionally left blank. KENT ...... Agenda Item: Consent Calendar — 7G TO: City Council DATE: February 3, 2015 SUBJECT: Singh Heights Estates Final Plat (SU-2007-4/RPP3-2072973) MOTION: Approve the final plat mylar for Singh Heights Estates and authorize the Mayor to sign the mylar. SUMMARY: On December 4, 2007 the Hearing Examiner recommended approval to subdivide 2.27 acres into 14 single family residential lots, one storm water tract, a community park, and two landscaped tracts. The applicant has complied with the conditions required prior to recordation. The property is located at 12205 SE 270th Street, Kent Washington and is identified by King County tax parcel number 2822059063. EXHIBITS: 1) Map and Conditions 2) Conditions RECOMMENDED BY: Economic & Community Development & Public Works Department BUDGET IMPACTS: None This page intentionally left blank. I u 'gg<yy Z m p K m O mCtii o000 6000ar D N @ 0 �To O?J t r$ -rye W v M O f*i b C �'N✓ yam vvNvvv (A LD g Z tG� I � Nib F• .�N nG�{. _ i�°d W N � NG�t d'Q `f gg(n mntcunn a n¢ '. 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BEFORE THE HEARING EXAMINER Theodore Paul Hunter • Hearing Examiner KEN T FOR THE CITY OF KENT In the Matter of the Application of )#SU-2007-4, KIVA #RPP3-2072973 ) SATWANT SINGH )FINDINGS, CONCLUSIONS, )AND DECISION For Approval of a Preliminary Plat ) SUMMARY OF DECISION The request for a preliminary plat to subdivide 2.27 acres of land into 14 single- family lots is APPROVED, subject to conditions. SUMMARY OF RECORD Request: Satwant Singh requested a preliminary plat to subdivide 2.27 acres of land into 14 single-family lots. The subject property is located at 12205 SE 270t' Street, Kent, Washington. Hearing Date: The Hearing Examiner held an open record hearing on the preliminary plat on November 21, 2007. Testimony: The following individuals presented testimony under oath at the open record hearing: Lydia Moorehead, City Planner Mazen Haidar, Applicant Representative Exhibits: The following exhibits and attachments were admitted into the record: 1. Staff Report, dated November 14, 2007, site plan/vicinity map, and distribution list 2. Preliminary Plat Application, received July 11, 2007 Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 1 of 18 3. Correspondence a Email from Mazen Haidar to Lydia Moorehead, dated September 6, 2007 b. Letter from Beth Tan, City of Kent to Mazen Haidar, dated August 10, 2007 4. Department Routing documents 5. Notice of Completeness, Notice of Application 6. Public Notice Documents, including affidavits of notice, publication notice, and mailing list 7. Mitigated Determination of Non-Significance, issued October 20, 2007 8. SEPA Environmental Checklist, received July 11, 2007 9. Technical Drainage Report, prepared by Medina Consulting Engineers, Inc., dated July 10, 2007 10. Aerial photos 11. Preliminary Plat plans a. Preliminary Site Plan (Sheet C3 of C4) b. Trees Retention Plan (Sheet C4 of C4) The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Satwant Singh (Applicant) requests approval of a preliminary plat to subdivide 2.27 acres into 14 single-family residential lots. The property subject to the preliminary plat application is located at 12205 SE 2701" Street in Kent, Washington.' Exhibit 1, page 1; Exhibit 2. 2. The City of Kent (City) determined the preliminary plat application was complete on August 3, 2007. On August 15, 2007 the City provided notice of the application by posting notice on the subject property, publishing notice in the Kent Reporter, and mailing notice to agencies, parties of record, and all persons owning property within 300 feet of the site. No public comment was received. On November 9, 2007, the City provided notice of the open record hearing associated with the application by posting notice on the subject property, publishing notice in the Kent Reporter, and mailing notice to all owners of property within 300 feet of the subject property. The City held a tentative subdivision meeting on May 31, 2007. Exhibit 1, pages 2, 4; Exhibit 5; Exhibit 6. 3. The City analyzed the environmental impact of the preliminary plat proposal as required by the State Environmental Policy Act (SEPA). The City determined that with conditions, the proposal would not have a probable ' The property is identified by King County tax parcel number 2822059063. A legal description of the property can be found in the SEPA Checklist and Technical Drainage Report. Exhibit 1, page 2; Exhibit 8, page 4; Exhibit 9, Existing Conditions ( Sheet CI of C2) Findings, Conclusions and Decision City of Kent Heanng Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 2 of 18 significant adverse impact on the environment and issued a Mitigated Determination of Nonsigmficance (MDNS) on October 20, 2007. The MDNS contains three conditions that address the proposal's traffic impacts, sensitivity to the proposed development site's topography, and minimizing grading on the proposed development site. The proposed project would generate an estimated 130 daily and 13 new PM peak hour traffic trips. The Applicant would pay an environmental mitigation fee to participate in, and pay a fair share of, the estimated construction costs of the City's South 272n1/South 2771" Street Corridor Project. Exhibit 1, page 8; Exhibits; Exhibit 7. 4. The property currently contains a single family residence, detached garage and gravel driveway. The single family residence and outbuilding wo uld be removed. The remainder of the property consists of cedar, fir and fruit trees, pasture, and lawns. The Applicant has submitted a preliminary tree retention plan. The Applicant would submit a final tree retention plan to comply with KCC 15.08.240.B.2. The topography is gently rolling with a maximum slope of 10% with no wetlands or other sensitive areas, such as steep slopes. KCC 15.08.240.B.2; Exhibit 1, pages 2 and 3; Exhibit 9 (project overview); Exhibit 10; Exhibit 11.b. 5. The subject property was annexed to the City of Kent in 1996 as part of the Meridian annexation. The property Is zoned SR-6, Single Family Residential, allowing development at a density of 6 05 dwelling units per acre. Surrounding properties consist of single family residential on platted and large unplatted lots and are likewise zoned SR-6.2 The district's purpose is to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan, and to provide a range of densities and minimum lot sizes, to promote diversity and recognize a variety of residential environments. The district permits one single-family dwelling per lot, with a 3,000-square foot minimum lot size and 6.05 dwelling units per acre maximum development density. For this site, a maximum of 13.7 dwelling units would be allowed which may be rounded up to 14 dwelling un Its.3 KCC 15,03.010; KCC 15.04.020; KCC 15.04.170; Exhibit 1, pages 8 and 9; Exhibit 9. 6. City code requires that 50 percent of proposed lots may have minimum five- foot side yards when special life safety measures are provided. The sum total z The Applicant's Technical Drainage Report states that the property to the west is commercial property (Church/School) Exhibit 9, project overview 3 6.05 dwelling units multiplied by 2.27 acres = 13.7335 dwelling units. If calculations result in a fraction, the fraction shall be rounded up to the nearest whole number. KCC 15.02 096 Findings, Conclusions and Decision City of Kent Hearing Examiner Smgh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 3 of 18 of both side yards for the remaining 50 percent of the lots shall be a minimum sixteen feet. KCC` 15.04.180.38. The Applicant would provide 16- foot wide side setbacks for proposed Lots 2, 3, 4, 5, 6, 10, and 14. The remaining seven lots would provide five-foot wide side setbacks. The Applicant would provide a 10-foot wide landscape tract along SE 2701h Street consistent with code requirements for a landscape tract along roads that do not provide access to the proposed lots All 14 proposed lots would measure at least 3,000 square feet with a minimum lot width of 30 feet, consistent with minimum lot size and width requirements. KCC 15,04170; 15.04.180.38; Exhibit 1, pages 8 and 9. 7. The Applicant would construct homes with diminished garage doors on Lots 3, 4, 5, 6, 11, and 13. Lots 3-6 would provide rear garages with common driveways and Lots 11-13 would have garage setbacks at least 10 feet from the front facade of the home. KCC 12.04.685.A.1.n; Exhibit 1, page 13 8. The subject property is designated SF-6, Single Family Residential under the City Comprehensive Plan. The designation permits development of six dwelling units per acre. Adjacent properties surrounding the property are also designated SF-6. The City identified Comprehensive Plan goals and policies relevant to the plat application.` The overall Land Use Element goal encourages development which implements the Community's vision, protects environmentally sensitive areas, and enhances the quality of life for all Kent residents. Housing Element goals and policies ensure that developers contribute their fair share to needed improvements, and expand home ownership opportunities through a mix of housing styles and site design that includes appropriate amenities for all residents. The Community Design Element goals and policies encourage the use of low-impact development to limit disturbance of natural hydrological systems and protect water quality and quantity. Transportation Element goals and policies ensure sufficient transportation facility capacity through coordination of residential development and transportation projects. City Comprehensive Plan, Land Use Element (last revised May 4, 2006), pages 4-26, 4-32, and 4-33; City Comprehensive Plan, Housing Element (2004), pages 11 to 15; City Comprehensive Plan, Community Design Element (2004), pages 26 and 27; City Comprehensive Plan, Transportation Element (2004), page 32; Exhibit 1, pages 5-8. ° The City identified the following Comprehensive Plan goals and policies as relevant: Land Use Element (Goal LU-1; Policy LU-1.1, LU-9.1, LU-9 4, Goal LU-10; Policy LU-10.4), Housing Element (Goal H-2; Policy H-2.3, H-2.5; Goal H-5; Policy H-5.1, H-5 2, H-5 3; Goal H-7), Community Design Element (Goal CD-20, Policy CD-20.1; Goal CD-22, Policy CD- 22.2, CD-22 3), Transportation Element (Goal TR-1; Policy TR-1.2). Exhibit 1, pages 5-9. Findings, Conclusions and Decision City of Kent Heanng Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 4 of 18 9. SE 270"' Street runs east/west, adjacent to the property's north boundary. This street is classified as a Public Residential Street with two lanes, but is not fully constructed to current street standards. This street has an existing public right-of-way width of approximately 60-feet, an asphalt street width of approximately 36-feet with two lanes of traffic, cement concrete curbs and gutters, stormwater drainage system, 10-foot wide cement concrete sidewalks, and a street lighting system. A new 28-foot paved public residential street would run from SE 270`h Street and terminate at the south property line to provide future connectivity to properties to the south. A 20- foot wide paved internal private access road is depicted on the preliminary plat to provide access to Lots 10-14. Sidewalks would be required along one side of the proposed private street serving Lots 10-14 and along both sides of the proposed internal public streets connecting to existing sidewalks on SE 2701h Street. The nearest mass transit service is provided by King County METRO with a bus stop located on 1241" Avenue SE. Exhibit 1, page 3, 12, 20; Exhibit 11.a. 10. All proposed lots would be served by City water and sewer services. Power and natural gas lines would be installed during construction and garbage service would be established by individual residents. Exhibit 1, pages 4, 12 and 13. 11. Mazen Haidar, P.E., prepared a Technical Drainage Report (TDR) for the Applicant, dated July 10, 2007. According to the TDR, no defined drainage systems exist on site; surface water runs off in sheet flow from the southwest and northeast to the northeast property corner. The TDR did not observe any signs of erosion or flooding problems on-site, adjacent to the site, or along the 1/4 mile downstream drainage course. The proposed subdivision would result in 1 32 acres of impervious surface compared to the current 0 03 acres. The Applicant would construct a Level Two public detention/retention stormwater pond system that meets the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual. The preliminary site plan shows a 10,513 square foot drainage tract with a 3,748 square foot landscape area in the northwestern corner of the property. Each individual residence would be required to provide on-site infiltration and an overflow connection to an approved conveyance system. In addition, the Applicant would utilize low- impact development techniques, where feasible, to address runoff, including rainwater collection systems, porous pavement, and bioretention areas in planting strips, as well as protect water quality and quantity and reduce costs for site development. Exhibit 1, pages 8, 11, 17, 22; Exhibit 9, project overview, areas calculations; Exhibit 11. s The Preliminary Site plan does not appear to depict a sidewalk along the proposed private street serving Lots 10-14 Exhibit 11. Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 5 of 18 12. KCC 12.04.060 requires 450 square feet of on-site recreation space per lot, a minimum of 6,300 square feet for this plat proposal, to mitigate the impacts of the proposal on parks and recreation. The Applicant would provide a 6,309 square foot community park as part of the preliminary plat, to include a children's play equipment and at least one other recreation facility pursuant to KCC 12.04.060. Exhibit 1, page 11; Exhibit 11. 13. The property lies with the Kent School District, The Applicant would pay a school impact fee prior to issuance of building permits for each lot to mitigate the proposed development's impact on area schools. Exhibit 1, page 11. 14. Lydia Moorehead, City Planner, testified that the City now reviews preliminary plats for building envelopes on each lot and to insure that each lot is a buildable lot. She testified that the Applicant would provide a final tree retention plan and that no additional pedestrian improvements are needed in this area, as sidewalks on SE 270`h Street already provide for students who may walk to and from school. She testified that proposed condition No. 10 regarding low impact development techniques is found in the City's Comprehensive Plan. The City Staff recommended approval of the preliminary plat with conditions, based on the Applicant meeting the minimum lot size and width requirements for the SR-6 zone, as well as the applicable building setback, tree retention and landscaping standards. Mr. Haidar testified on behalf of the Applicant requesting that proposed conditions read "should" rather than "shall" such that compliance with those conditions would be discretionary rather than mandatory. The City disagreed with this proposed change of language. Exhibit 1, page 9; Testimony of Ms. Moorehead; Testimony of Mr. Haidar. CONCLUSIONS Jurisdiction The Hearing Examiner has Jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, approve with conditions, or disapprove the preliminary plat. Chapter 2.32 Kent City Code (KCC); Chapter 12.04 KCC; RCW Chapter 58.17. Criteria for Review The decision of the Hearing Examiner must be supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 6 of 18 The standards and criteria for review of preliminary plat applications are found in Chapter 12.04, KCC and Chapter 58,17, Revised Code of Washington (RCW). The review criteria include the following: A. Under KCC 12.04.635: No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, dramageways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12.04.685.A, a proposed subdivision and dedication shall not be approved unless the city finds that: A proposed subdivision and dedication shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: a. The public health, safety, and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; c. Open spaces; d. Community parks and recreation; e. Neighborhood tot lots and recreation areas; f. Schools and school grounds; g. Dramageways; h. Stormwater detention; i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops, and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 7 of 18 k. Transit stops; I. Potable water supplies; m. Sanitary wastes; n. Building lots and roadway access configured to support the construction of homes with diminished garage doors such that no less than fifty (50) percent of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than ten (10) feet from the front facade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. Lots and roadways shall be configured such that at least two (2) of these options are supported in each new development; o. Landscape buffering along all frontage streets of the subdivision that do not provide the new lots with direct vehicular access; p. Other public utilities and services, as deemed necessary; and 2. The city has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication, and 4. The city has considered the physical characteristics of a proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions, slope, or soil stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. The criteria set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington (RCW). The subdivision criteria described in the RCW must also be met by the application before a decision of approval can be made: Appropriate provisions must be made for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. RCW 58.178.110. Conclusions Based on Findings 1. With conditions, the proposed plat satisfies the requirements of KCC 12.04.635. The proposed preliminary plat would create legal building sites and provide single-family housing opportunities within the City, consistent with the City's SR-6 zoning district development standards and the City's Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 8 of 18 Comprehensive Plan SF-6 designation for the subject property. A new internal public residential street or a new internal private access street would provide each proposed lot with access to a public street, SE 270`h Street. The proposed plat would provide future connectivity to properties to the south. Conditions of approval are necessary to ensure that streets are constructed to City Residential Street standards. The proposed plat would provide adequate stormwater detention through construction of a stormwater retention/detention pond, located in the northwest corner of the property, and an on-site stormwater collection system Conditions of approval are necessary to ensure that stormwater facilities are constructed in compliance with the 2002 City of Kent Surface Water Design Manual. The proposed development would be served by City water and sewer services Power and natural gas lines would be installed during subdivision construction. The subject property has suitable physical characteristics for development and no sensitive areas were identified. The Applicant would provide sidewalks along one side of the new private street serving lots 10-14 and along both sides of the new public street connecting to existing sidewalks on SE 2701h Street. Findings 1-14. 2. With conditions, the proposed plat satisfies the requirements of KCC 12.04.685.A. The City provided adequate notice of the plat application and associated open record hearing, and evaluated the environmental impact of the proposed plat as required by SEPA. There are no wetlands, wetland buffers or steep slopes located on the property. The proposed plat would make adequate provision for open spaces, community parks and recreation, tot lots, and play areas by providing a 6,309 square foot community park with children's play equipment and at least one other recreation facility pursuant to KCC 12.04.060. Pursuant to Chapter 12 13 KCC, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on the Kent School District facilities. All stormwater runoff would be managed through construction of a stormwater detention/retention pond to be located in the northwest corner of the property. All stormwater runoff would be infiltrated on-site. Conditions of approval are necessary to ensure that stormwater facilities are constructed in compliance with the 2002 City of Kent Surface Water Design Manual. The proposed new public street system would connect the plat to SE 270`h Street and would allow connectivity to property to the south. A private access street would connect Lots 10-14 to the public street system. The proposed plat would be served by METRO transit service, with a bus stop located at 124th Avenue SE. Traffic impacts on adjacent city streets would be mitigated pursuant to MDNS conditions. The Applicant would construct sidewalks to provide safe walking for students and other pedestrians, including sidewalks along both sides of the new public street system and sidewalks along one side of the new private street. The City would provide water and sewer service to the proposed plat. The development density Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 9 of 18 within the proposed plat would be consistent with the SR-6 zone and the SF- 6 Comprehensive Plan designation. The proposed plat would provide a density at an acceptable level to support urban services and support projected population growth, utilize low-impact development techniques consistent with City Comprehensive Plan goals and policies. The Applicant would configure the building lots and roadway access to support the construction of homes with diminished garage doors as required by KCC 12.04.685.A.1.n. The Applicant would provide landscape buffering along SE 2701h Street. The public use and interest would be served by the proposed plat. Conditions of approval are necessary to ensure that subdivision construction utilizes low impact development techniques; that the detention pond area is adequately maintained and landscaped to meet minimum requirements of the City Construction Standards, the 2002 City of Kent Surface Water Design Manual, and 1998 King County Surface Water Design Manual requirements; and that the subdivision's public and private street conforms to City Construction Standards and City Public Street Standards. Findings 1-14 3. Based on the above conclusions, the requirements of RCW 58.17.110 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for a preliminary plat to subdivide 2.27 acres into 14 single family residential lots is APPROVED, subject to the following conditrons:6 A. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner/Subdivider shall pay all known Charges in Lieu of Assessments and/or Latecomer Fees prior to scheduling the Pre- Construction Conference and/or prior to recording this plat, whichever comes first. The following charges in lieu of assessment and fees have been identified: a. LID 350: "Big K" LID for sanitary sewer b. Latecomer's agreement SWR 141 in the amount of $20,912.10; recording #2002051002644 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange e This decision includes conditions required to meet City Code standards as well as conditions required to reduce unique project impacts. Findings, Conclusions and Decision City of Kent Heanng Examiner Singh Heights Prebminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 10 of 18 File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify the required precision. 3. The Owner/Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. This development will be served by the City of Kent and will be constructed to City of Kent standards and specifications. The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A public water system meeting domestic and fire flow requirements for all lots. This development will be served by the City of Kent and will be constructed to City of Kent standards and specifications. The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor, Findings, Conclusions and Decision City of Kent Nearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 11 of 18 Existing wells - if any - shall be decommissioned in accordance with the requirements of the Department of Ecology. c. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (I)The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2)An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan. (3)The retention/detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Due to the size of lots and the Zoning Code for maximum impervious surface per lot, the standard calculation of 3000 square feet of impervious has been reduced to approximately 2000 square feet depending on the lot size. (4)The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5)A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 12 of 18 Surface Water Design Manual for the specific information required for downstream analyses. (6)Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be diverted to a Roof Downspout Infiltration System meeting the requirements of section 5.4.5, Infiltration Trenches, of the 1998 Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUEANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. (7)If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner/Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8)The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the Kent Zoning Code, City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. (9)The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 13 of 18 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1)These plans will include provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for every lot. (2)These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3)These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker, wider and labeled in conformance to standard drafting practice. (4)These plans shall include a final tree retention plan, consistent with the approved preliminary tree plan, which includes details regarding tree protection during construction activities pursuant to KCC 15.08.240. e. Street Improvement Plans for the new Public Residential Street connected to Southeast 270`h Street extending to the south property line of the subject parcel and terminating with a temporary turnaround near its terminus. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1)Combined vertical curb and gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along both sides of the street. Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 14 of 18 2 A minimum of 28-feet of Hot Mix Asphalt HMApavement, as measured from face of vertical curb to face of vertical curb. (3)A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Homeowners' Association created for this subdivision. (4)A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5)Curb return radii of 20-feet at the intersection of the subdivision street and Southeast 270th Street, and a 45-foot radius to the face of vertical curb for the permanent cul-de-sac bulb. The proposed intersection of the new proposed Residential Street and Southeast 270t" Street identified above will require an approved intersection design that must demonstrate adequate entering sight distance in both directions. (6)Street Trees, shrubs, and grass shall be installed within the 5- foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. f. Street Improvement Plans for the new Private Residential Street connected to the previously described new Public Residential Street and terminating with a permanent an approved turnaround at its easterly terminus. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6- 2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: (1)A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement. (2)A 5-foot wide cement concrete sidewalk constructed along one side of the street for all private streets serving more than four lots. Findings, Conclusions and Decision Gty of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 15 of 18 (3)An approved turnaround at its easterly terminus, unless these additional street improvements are not required by the City Fire Marshal. (4)A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (5)AII private streets will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(a). The minimum design inside radii for the driveway approaches serving all private streets shall be 30-feet unless otherwise approved by the Department of Public Works. (6)AII private streets will conform to the minimum horizontal and vertical alignment and safe stopping sight distances requirements for a public Residential Street. (7)Fire Lanes - if any - shall be marked as directed by the Fire Marshal. (8)The private street, including sidewalks must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the Private Street and sidewalk combination 4. The Owner/Subdivider shall create a Homeowners' Association for this subdivision to ensure that the property owners within this subdivision are advised of their obligation to maintain and pay for the energy and maintenance required for the street lighting system, community park, and perimeter landscape tracts installed within the development. Those sections of the required document written to govern that association as they relate to any Intol-ight Division of Puget Sound Energy street lighting systems, the community park and landscaping areas, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face of the final plat will clearly identify all private streets, and which lots will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 16 of 18 6. Direct vehicular access to and from lots having frontage along Southeast 270'h Street is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTHEAST 270TH STREET IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO INTERNAL PLAT STREETS. 7. The Owner/Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer, Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. The Applicant/owner shall install mailbox clusters at locations and per standards approved by the Public Works Department and the U.S. Postmaster. 10. The Applicant shall utilize Low Impact Development Techniques in construction of the project, where determined feasible by the Kent Public Works Department and Planning Services Division, including but not limited to rainwater collection systems, porous paving on sidewalks, and bioretention areas with curb cuts in planting strips along roadways. 11. The applicant/owner shall obtain the necessary permits to either remove or relocate the existing structures in accordance with Kent City Code. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required in Section A, above, and pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. Findings, Conclusions and Decision City of Kent Heanng Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 17 of 18 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Facilities as deemed appropriate by the Department of Public Works. 4. The applicant/owner shall pay all Storm Water Utility connection fees associated with the subject property. DATED this �th day of December 2007. �k THEODORE PAUL HUNTER Hearing Examiner 5 \Permit\Plan\shortpiats\2007\2072973-2007-4deosion DOC a Findings, Conclusions and Decision City of Kent Hearing Examiner Singh Heights Preliminary Plat #SU-2007-4, KIVA #RPP3-2072973 Page 18 of 18 KENT ...... Agenda Item: Consent Calendar — 4E/7H TO: City Council DATE: February 3, 2015 SUBJECT: Appointment to the Lodging Tax Advisory Committee MOTION: Approve the appointment of Josh Bang to the Lodging Tax Advisory Committee and ratify all acts consistent with this motion. SUMMARY: The Lodging Tax Advisory Committee recommends Josh Bang be appointed to the Lodging Tax Advisory Committee. Mr. Bang has asked to be considered for the position vacated by Blane Webber, formerly from Marriott TownePlace Suites in Kent. Josh Bang is the current General Manager at the Marriott TownePlace Suites in Kent. He is also a Kent resident who is raising his two sons here and asks you grant him this appointment so he can be a contributing member to the Lodging Tax Advisory Committee and his community. This position on the committee is to be filled by a representative whom represents businesses required to collect lodging tax. Mr. Bang's position would be for a three-year term, which would expire February 1, 2017. If you have any questions prior to the meeting, please call Ben Wolters, 856-5703. EXHIBITS: None RECOMMENDED BY: Lodging Tax Advisory Committee BUDGET IMPACTS: None This page intentionally left blank. KENT ...... Agenda Item: Consent Calendar - 7I TO: City Council DATE: February 3, 2015 SUBJECT: Amendment #6 to Contract with LifeWise Assurance Company for Stop Loss Coverage - Authorize MOTION: Authorize the Mayor to sign all documents necessary to complete amendment #6 for stop loss coverage with LifeWise Assurance Company the amount of $397,500 subject to final terms and conditions acceptable to the Human Resource Director and City Attorney. SUMMARY: In 2010 the City entered into a contract for stop loss coverage with LifeWise Assurance Company. The contract is amended annually until terminated by mutual agreement of the City of Kent and LifeWise Assurance Company. The stop loss policy provides added coverage to the City for individual medical claims exceeding $200,000 per employee or dependent during each calendar year for the City's self-insured medical plan. Exhibits: 1) 2010 Contract 2) Amendment #6 Recommended By: Operations Committee YEA: Boyce - Ralph - Thomas NAY: Budget Impact: The annual cost for this stop loss coverage plan with LifeWise Assurance Company is budgeted in the Health & Wellness Fund. This page intentionally left blank. LifeWise Assurance Company L�FEI�E 7001 —2201h St S.W. Mountlake Terrace, WA 98043-2124 Life I Disability I Stop Loss STOP LOSS INSURANCE POLICY LifeWise Assurance Company, Mountlake Terrace, Washington (herein we, our, and us) agrees with the policyholder to pay benefits under the provisions of the Policy. POLICY NUMBER: WA-518212-9999 POLICYHOLDER: City of Kent POLICY EFFECTIVE DATE: January 1, 2010 POLICY ANNIVERSARY: January first of each year This Policy is issued in consideration of the policyholder's application and payment of premiums and will take effect on the Policy effective date. This Policy is delivered in, and governed by the laws of, the State of Washington. The policyholder's Plan, Schedule of Coverage, and all provisions in this and the following pages, and any amendments and endorsements included on the date of issue or added later, are part of this Policy. Throughout this Policy, "you" and "your" refer to the policyholder. LifeWise Assurance Company has, by its President, executed this Policy as of 12:01am on the Policy Effective Date at Mountlake Terrace, Washington, Rick Grover President and Chief Executive Officer LifeWise Assurance Company SLP WA (09-08) TABLE OF CONTENTS WA-618212-9999 Effective 01-01-10 Title Section Schedule of Coverage 1 Definitions 2 Aggregate Stop Loss 3 Specific Stop Loss 4 General Provisions 5 Additional Provisions 6 Advance Funding for Individual Excess Loss Application 7 SLP WA (09-08) 1 Table of Contents SECTION 1 i iFEWISE SCHEDULE OF COVERAGE L� VV Policyholder: City of Kent WA-518212.9999 Life I Disability I Stop Loss POLICY PERIOD: January 1, 2010 through December 31, 2010 COVERAGE PROVIDED (Provided if checked): 1.1 ® AGGREGATE STOP LOSS Attachment Level: ❑ 120% ❑ 125% ® Other: 200% Aggregate Expense Incurral Period: From January 1, 2009 through December 31, 2010 Aggregate Expense Payment Period: From January 1, 2010 through December 31, 2010 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. Aggregate Deductible (Composite): Composite Units MedicaltRx Aggregate Monthly Factor $1,865.51 C. Minimum Annual Aggregate Deductible: Greater of: $19,095,000 or 95% of the First Monthly Aggregate Deductible times 12, D. Limit of Liability: 100% of eligible expenses you pay under your Plan, in excess of the deductible, will be reimbursed to a maximum of$1,000,000. E. Claim Review is ® end of Policy Period ❑ Monthly with $ threshold. F. Monthly Premium Rate (Composite Units): $0.01 per Employee 1.2 ® SPECIFIC STOP LOSS Specific Expense Incurral Period: From January 1, 2009 through December 31, 2010 Specific Expense Payment Period: From January 1, 2010 through December 31, 2010 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. $150,000 Individual Specific Deductible per person. C. $N/A Aggregating Specific Deductible per contract year. D. Limit of Liability: 100% of eligible expenses you pay under your Plan, in excess of the deductibles, will be reimbursed to a lifetime maximum of$2,000,000. E. Specific Advanced Funding: ® Yes ❑ No F. Monthly Premium Rate: ❑ Employee Only: $ Family Rate: $ ® Composite: Employee & Dependent: $44.65 1.3 ❑ TERMINAL LIABILITY PROTECTION ❑ Yes ® No If yes, number of months: SLP WA (09-08) 2 Schedule of Coverage SECTION 2 DEFINITIONS The following definitions apply unless otherwise required by the context. With the exception of "we", "us", 'bur", "you" and "yours", these definitions are capitalized throughout the policy. 2.1 Administrator means the third party administrator selected by you to perform certain functions for your Plan. The term "administrator" as used in the Policy does not refer to the Plan administrator used in the Employee Retirement Income Security Act of 1974, unless you have specifically appointed the administrator as such. We are not the Administrator. We must approve the third party administrator selected by you. 2.2 Aggregate Attachment Point is equal to the greater of: A. The sum of the Monthly Aggregate Attachment Points for the Policy Period shown in the Schedule; or B. the Minimum Aggregate Attachment Point shown in the Schedule. 2.3 Covered Benefits means those services and/or supplies received or obtained by a Covered Person that are covered by the Plan and Incurred during the Expense Incurral Period as stated in the Schedule. 2.4 Covered Person means an employee or his or her dependent that are enrolled in the Plan during the Expense Incurral Period. 2.5 Expense Incurral Period means the period of time as stated in the Schedule for which a Covered Person may Incur Covered Benefits under the Plan. In the event that the Policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Incurral Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period. 2.6 Expense Payment Period means the period of time stated in the Schedule for which you may pay for Covered Benefits under the Plan. In the event that the policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Payment Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period plus the length of time, if any, between the end of the Expense Incurral Period stated in the Schedule and the end of the Expense Payment Period stated in the Schedule. 2.7 Incur or Incurred means the date on which Covered Benefits was received and/or obtained by a Covered Person under your Plan. 2.8 Initial Effective Date means the date specified in the Schedule when the Policy first becomes effective. 2.9 Pay or Paid means the date your check or draft for payment of Covered Benefits is issued and mailed or electronically deposited directly to the payee, within the policy period, and that the account upon which the payment is drawn contains sufficient funds to permit the check or draft to be honored. SLP WA (09-08) 3 Definitions SECTION 2 DEFINITIONS (Continued) 2.10 Plan means the employee benefit plan you have adopted in writing to provide benefits to your employees and their dependents, if applicable. 2.11 Policy means this policy, any amendments to this policy, the policyholder application, Plan, and Schedule. 2.12 Policy Period means the period of time that this Policy is effective as stated in the Schedule. 2.13 Schedule means the Schedule of Coverage that is part of your Policy. 2.14 We, us and our means LifeWise Assurance Company. 2.15 You and your means the Policyholder. SLP WA (09-08) 4 Definitions SECTION 3 AGGREGATE STOP LOSS INSURANCE 3.1. We will reimburse you or, if directed by you, the Administrator for a percentage of Covered Benefits Incurred during the Aggregate Expense Incurral Period and Paid by you during the Aggregate Expense Payment Period as stated in the Schedule subject to the limitations and exclusions outlined in Section 3.2 below. We will only reimburse you or the Administrator for your payments that exceed the deductibles shown in the Schedule; however, the minimum risk you are required to retain is 120% of expected paid claims. The percentage we will reimburse and our limits of liability are stated in the Schedule. 3.2. There is no coverage for payments you make: A. which we have already reimbursed you; B. which have been or will be reimbursed by another third party including, but not limited to, an insurance company or reinsurance company; or C. the earlier of (i) after your Aggregate Expense Payment Period ends or (ii) if the Policy is terminated prior to the completion of the applicable Policy Period, after the Policy termination date. In addition, if you are covered by Specific Stop Loss in addition to Aggregate Stop Loss, we will not reimburse you for payments under the Aggregate Stop Loss if: A. you have been reimbursed for such payments under Specific Stop Loss; or B. those payments exceed our limit of liability for Specific Stop Loss. 3.3. The Aggregate Deductible is determined as follows: A. The Aggregate Deductible is the sum of the monthly deductibles for the Policy Period stated in the Schedule. B. Each monthly deductible is determined by multiplying the number of covered units for that month by the factors shown in the Schedule. The monthly deductible cannot be reduced by more than 5% per month for any reason. C. The deductible is subject to the minimum Aggregate Deductible stated in the Schedule. If claim review is monthly, as shown in the Schedule, the minimum Aggregate Deductible will be adjusted for the purpose of claim review to equal the minimum Aggregate Deductible stated in the Schedule multiplied by the result of the number of months elapsed in the Policy Period divided by the total number of months in the Policy Period. D. The monthly factors shown in the Schedule only apply to the Policy Period shown in the Schedule. Factors for each Policy Period are shown in separate Schedules. SLP WA (09-08) 5 Aggregate Insurance SECTION 4 SPECIFIC STOP LOSS INSURANCE 4A We will reimburse you or the Administrator for a percentage of Covered Benefits Incurred during the Specific Expense Incurral Period and Paid by you or the Administrator during the Specific Expense Payment Period as stated in the Schedule subject to the limitations and exclusions outlined in Section 2 below. We will only reimburse you for your payments that exceed the Individual Specific Deductibles shown in the Schedule. The percentage we will reimburse and our limits of liability are shown in the Schedule. 4.2 A separate Specific deductible applies to each Policy Period for each Covered Person under your Plan. There is no coverage for payments you make: A. which we have already reimbursed you; B. which have been or will be reimbursed by another third party including, but not limited to an insurance company or reinsurance company; or C. the earlier of I. after your Specific Expense Payment Period ends; or H. if the Policy is terminated prior to the completion of the applicable Policy Period, after the Policy termination date. SLP WA (09-08) 6 Specific Insurance SECTION 5 GENERAL PROVISIONS 5.1 Limitations of Coveraoe A. Regardless of any provisions to the contrary in your Plan, we will not provide coverage or accept liability under this Policy for the following persons: 1. Any employee who was not covered under your prior stop loss policy, if any, that immediately precedes the Initial Effective Date of this Policy unless the employee meets the eligibility and actively-at-work provisions of your Plan on the Initial Effective Date of this Policy. 2. Any dependent who was not covered under your prior stop loss policy, if any, that immediately precedes the Initial Effective Date of this Policy unless the dependent meets the eligibility and not-hospital-confined provisions of your Plan on the Initial Effective Date of this Policy. B. Payments you make for these persons may be applied toward either the Specific Stop Loss Deductible, Aggregating Specific Stop Loss Deductible or the Aggregate Stop Loss Deductible only under the following conditions: 1. the employee meets the eligibility and actively-at-work provisions of your Plan and returns to work on a full-time basis. Only payments you make during the Expense Payment Period for Covered Benefits Incurred after the date the employee becomes eligible under your Plan and during the Expense Incurral Period can be counted toward any deductible. 2. The dependent meets the eligibility and not-hospital-confined provisions of your Plan and is no longer hospital confined. Only payments you make during the Expense Payment Period for Covered Benefits Incurred after the date the dependent becomes eligible under your Plan and during the Expense Incurral Period can be counted toward any deductible. 5.2 Evidence of Insurability We will not accept liability under this Policy for certain persons until they have submitted satisfactory evidence of insurability and have been approved for coverage. The following persons must submit evidence of insurability: A. Persons who apply for or become eligible for coverage under your Plan while insured under Medical Conversion issued under this Policy. B. Persons who apply for coverage under your Plan more than 31 days after the date on which they become eligible. This includes persons transferring from another employer-sponsored Plan such as a health maintenance organization (HMO). 5.3 Limitation of Liabilitv Our liability under your Policy is limited to reimbursing you or, if directed by you, the Administrator for payments you have made during the Expense Payment Period for Covered Benefits Incurred during the Expense Incurral Period for Covered Persons. We will not reimburse any amounts Paid outside of your Plan. We will not reimburse any Covered Person or provider of services or supplies. We are not liable for punitive, exemplary, special or consequential damages. SLP WA (09-08) 7 General Provisions SECTION 5 GENERAL PROVISIONS (Continued) 5.4 Indemnification You agree to indemnify and hold us harmless from and against any and all claims, losses, liabilities, damages, costs or expenses of any kind incurred by us, including, without limitation, reasonable attorney's fees, arising out of or in connection with a breach of this Policy or error or omission by you, your officers, employees, agents or Administrator under this Policy. 5.5 War Exclusion We will not reimburse you for any loss or expense caused by or resulting from war. War means declared or undeclared war, whether civil or international, and any substantial armed conflict between organized forces of a military nature. 5.6 Subrogation You may be entitled to recover from third parties for Covered Benefits that you pay under your Plan. We will not reimburse you for any payments you recover or the cost associated with making such recovery. You cannot use the recovered amount to meet any deductible under this Policy. If we have reimbursed you for all or part of a particular Covered Benefit that you Paid and you later recover reimbursement from a third party, you must repay us within thirty (30) days of receipt of such recovery, regardless of whether your Policy is still in force on the date you recover. Your repayment may be reduced prorata by the reasonable and necessary expenses you pay in recovering from the third party. Within thirty (30) days following the end of each Policy Period, you must provide us with a list of all potential subrogation recoveries for payments that either you have already received reimbursement from us or you are submitting to us for reimbursement. 5.7 Administration If you use the services of an Administrator to perform any functions for your Plan, the Administrator performs as your agent. We will not be held liable for any act, error or omission of an Administrator, including amounts Paid outside of your Plan. Changes in Administrators must be approved in writing by us or we have the right to terminate coverage. (See Section 5.21). 5.8 Records and Review You must maintain appropriate records regarding administration of your Plan for a minimum period of six (6) years. Within a reasonable time period following our request, you must allow us to review and copy, during normal business hours, all records affecting our liability under your Policy. 5.9 Audit We have the right to inspect and audit all your records and procedures, as well as those of your Administrator and to require, upon request, proof satisfactory to us that the payments which are the basis of any claim have been made. SLP WA (09-08) 8 General Provisions SECTION 5 GENERAL PROVISIONS (Continued) 5.10 Claims Under This Policy If you submit a claim to us, you must do so in writing to our Home Office within 90 days after the end of the Expense Payment Period for which claim is made. You must provide us with whatever information we need for proof of: A. covered Benefit Incurred during the Expense Incurred Period; B. payment by you for the Covered Benefit during the Expense Payment Period; and C. meeting of any deductible. We will not refuse to reimburse you merely because you were late in submitting the claim to us, as long as you submitted it as soon as reasonably possible and within one year. We will not pay any benefits if we have not received all premiums due. We will reimburse you under Aggregate Stop Loss after we receive your request for reimbursement but not sooner than the end of the Policy Period, unless the Monthly Claim Review is included in the Policy as indicated in the Schedule. 5.11 Entire Contract This Policy, along with any Attachments, Riders, Endorsements or Amendments, and the Application completed by you constitutes the entire contract of insurance between us. 5.12 Legal Action You cannot file suit until 60 days after the date on which you submit proof of claim as required by your Policy. You cannot file suit more than six years after the date on which you must give us proof of claim. The six year limitation is extended, if necessary, to agree with the time period allowed by the law of the jurisdiction in which this Policy is issued. 5.13 Governing Law and Venue This Policy is delivered in, and governed by the laws of, the State of Washington, without regard to conflict of law principles. You consent to personal jurisdiction and agree that all judicial proceedings shall be brought in the Superior Court in King County, Washington located in Seattle, Washington. 5.14 Notice of Appeal You must notify us in writing if it appears benefits will be payable under the Policy due to any objection, notice of legal action, or complaint you or your Administrator receives. 5.15 Worker's Compensation This Policy does not cover expenses your Plan covers that are also eligible expenses covered by Worker's Compensation or similar law whether or not such coverage is actually in force. 5.16 Change in Plan Covered Benefits that are insured under your Stop Loss Insurance Policy constitute a part of your Stop Loss Insurance Policy. Any changes to Covered Benefits made during the Policy Period must be approved by us in writing. If you make changes in your Plan, those changes become a part of your Stop Loss Insurance Policy only after we approve them in writing. Changes in Administrators must be approved in writing by us. SLP WA (09-08) 9 General Provisions SECTION 5 GENERAL PROVISIONS (Continued) 5,17 Notice For the purpose of any notice required from us, notice to the Administrator will be considered notice to you and notice to you will be considered notice to the Administrator. Any notice required from you shall be in writing and sent, postage prepaid, to us at 7001 — 220th Street SW, MS 225, Mountlake Terrace, Washington 98043. 5.18 Amendment Your Policy may be changed at any time by a written agreement signed by you and us. Notice to any agent or knowledge possessed by any person cannot change your Policy or stop us from asserting our rights. We will not change the rates or factors more often than once every Policy Period unless you change your Plan or add employees in other locations or industries. 5.19 Premiums You must pay premiums to us at our Home Office. We must receive payment within 15 calendar days from the date the premium statement was issued. Your payment will only continue your insurance until the next premium due date. 5.20 Grace Period If, before any premium due date except the first, you have not given written notice to us of your intention to terminate the policy, a grace period of 31 days will be given in which to pay the premium then due. The Policy will stay in effect during that time. If the premium due is not paid by the end of the grace period, the Policy will automatically terminate on the last day for which premium was paid and any claims incurred after the premium due date will not be covered by the Policy; except that if you have given written notice in advance of an earlier date of termination, the Policy will terminate as of the earlier date. 5.21 Termination A. You may terminate your Policy at any time by giving us written notice. Your Policy will end no sooner than the end of the month following the month the termination notice was received by us. B. We may terminate your Policy at any time by giving you 45 days written notice for the following reasons: 1. You fail to comply with a provision of your Policy; 2. You fail to perform your Policy obligations in good faith; or 3. If you fail to maintain a minimum of 50 Covered Persons in each of two consecutive months. C. If this Policy terminates for any reason during the Policy Period, there will be no proration of the Minimum Aggregate Deductible. D. We may terminate the Policy if a change in Administrators is not approved in writing by us. (See Section 5.7). SLP WA (09-08) 10 General Provisions SECTION 5 GENERAL PROVISIONS (Continued) 5.22 Renewal We may refuse to renew your Policy by giving you 45 days written notice. Otherwise, your Policy will automatically renew on each Policy anniversary if you continue to pay premiums at the rates we set. We reserve the right to adjust our renewal offer if the average paid claims in the last two months of the Policy Period exceeds the average paid claims of the immediate prior three months by 20% or more. 5.23 Clerical Error Clerical error, whether made by us or you or your Administrator, in keeping records will not invalidate coverage that otherwise should be in force or continue coverage that otherwise should be terminated. 5.24 Conformity With Statutes If any time limitations with respect to giving notice of claim or furnishing proof of loss or bringing action is less than that permitted by law in the jurisdiction governing the Policy, that time limit is extended to the minimum permitted by law. 5.25 Refund of Over-reimbursement If we, you, or your Administrator determine that we have over-reimbursed you under this Policy, You will promptly refund such over-reimbursement to us within sixty (60) days of such a determination. If we are required to take legal action to collect such over-reimbursement, you agree to indemnify us for any costs of collection, including, but not limited to, attorneys fees and court costs. The right to recovery shall survive the termination of this policy. 5.26 Responsibility For Your Administrator You are solely responsible for the actions of your Administrator, and any other agent of yours. Your Administrator acts on your behalf, not on our behalf. Your Administrator is not our agent. We are not responsible for any compensation owed to, or claimed by your Administrator or other agents for services provided to, or on behalf of, your Plan. This Policy does not make us a party to any agreement between you and your Administrator, nor does it make your Administrator a party to this policy. 5.27 Bankruptcy or Insolvency The bankruptcy, insolvency, dissolution, receivership or liquidation of you, your plan or your Administrator will not impose upon us any obligations other than those set forth in this Policy. SLP WA (09-08) 11 General Provisions SECTION 6 ADDITIONAL PROVISIONS Advance Funding —Individual Excess Lass Advance funding is available to you for Covered Benefits Incurred during the Expense Incurral Period and paid by your Administrator during the Expense Payment Period upon meeting all of the following conditions: A. The Individual Specific Deductible for a Covered Person has been met; and B. Covered Benefits eligible for advance funding are those that exceed the Individual Specific Deductible; and C. Claims available for advance funding must be fully processed and Paid by your Administrator within the Expense Payment Period and according to your Plan; and D. Your Administrator must bill us monthly for claims Paid under the advanced funding request but in no event within 60 days after the end of the Expense Payment Period specified in this Policy. Requests received after that date are not eligible for advance funding; and E. We will remit payment for approved claims to your Administrator within 30 days of receipt of advanced funding request. SLP WA (09-08) 12 Advance Funding I-Ho iVise Assurance Company PO Box 2272 IJFEWISE Seattle,VVA 98111-2272 u p ❑fd j bkz biif'y t R.P loiy STOPL0$S INSURANCE APPLICATION The undersigned applicant(you and your)applies for the following coverage: Applicant Details Legal Naive of Applicant: GitY of Kent Address: 220 Fourth Ave S, (tent WA 88032-58095 _ Name of Third Party Arministraior Premera Blue Crass t Address: 7001 22e$t SW,Mountlake Terrace,WA 98043-2124 Proposed Effective Date: 0'I101/2610 No insurance is in force until and unless approved by!ifeWise Assurance Company(vie, us and our)at our Home Office. Deposit based on 853 employees and 596 dependent units,of $381095,00 is I enclosed to apply to the first payment udder the policy,if issued. Aggregate Stop Loss 0'Yes [l No [1120% 0125% Other gilt( °lo 1. Benefits to be covered: ((Medical ❑ Dental ©Vision D Weekly tlisabailty Income Prescription Drugs E) Other: 2. Aggregate Deductible: _ � 1 Composite UnitsMeptcatFQ,%C;�> lO�?rtalt� Visions Rxi S7Chert Monthly tractor $9,W5,51 $ $ $ 3. We will reimburse you 100%of expenses you pay under your plan lit excess of the deductible:The max inure we vvill reimburse you per policy period: ff$1 om000 ®tither: $ 4, Contract Basis: F-1 12112 ❑ 12115 [f 151v 24112 ! S. Claim Review: ❑ Monthly vAth a $ _Threshold Z End of Policy Penod 6. Monthly Premium,Rate.,$G.01 per Composite Employee Specific Stop Loss 0 Yes D No 1_ Benefits to be covered: Z Medical [] Denial EJ vision ❑Weekly Disability income R Prescdption Drugs Other; 2, $150,000 deductible per person. 3. Wo wifl reimburse you 100%of expenses you pay under your plan in excess of the deductible. The maximum. we will reimburse you per person, lffetitne: [ $1,007.000 Q Other: $4766etd0'"P2,COO,000 Cp j[Oot> 4 Contract Oasis [] 12t12 ❑ 12115 J 15112 24>i 2 5 Aggregating Specific j]Yes 0 No If yes, $ deductible per contract year. o Spec Ec Advanced Funding: 0 Yes ©No 7. Monthly Premium Rate- (check/complete only one) ® Employee Only: $ Dependent$ Composite: Employee&Dependent:$44.65_y_ — Terminal Liability Protection El Yes No Iftf yes,nu,mber of months: Please see reverse side for fraud statements. —_ Signatures ate I Sr Signed at Late J Signed at officers Signature Officer's Name and Title— UP _ t i f - UP App(09-08) Application i Fraud Statements Arizona: Any, iffe. Insurance producer; examining physician or other person who knowingly makes a false or fraudulent statement or representation.on or relative to anapplication for Iffe or disability insurance, or who makes any such statement toobtaina fee,commission,money or'benefit is guilty of a Class 2 misdemeanor. California: Any person who knowingly presents a(else or fraudulent claim for the payment of a loss is guilty of a crime and maybe subject to fines and confinement in state prison. New Mexico: Any person who knowingly presents z.false or fraudulent claim for payment of a loss or benefit or knowingly presents false Information in an application for insurance is guilty of a crime'and may he subject to civil fines and criminal penalties. Washinoton: It is a crime to knowingly provide ;false; Incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. All other states: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for tnsuranee may guilty of a crime.and may be subject to civil fines and criminal penalties. E i E t(i f SLIP App(09-08) Application I AMENDMENT NO. 01 This amendment becomes a part of Stop Loss Policy No. WA-518212-99999 issued to City of Kent, the Policyholder. It is stipulated and agreed that: Effective January 1, 2010; revised January 20, 2010: The following pages are replaced: Page 3—4, Definitions. All other terms and conditions of the contract remain unchanged. LifeWiserAssurance Company Rick Grover President and Chief Executive Officer Instructions: Retain copy with your policy. SLP WA AMD (09-08) Amendment SECTION 2 DEFINITIONS Effective 01-01-10 Revised 01-20-10 The following definitions apply unless otherwise required by the context. With the exception of "we", "us", "our% "you" and "yours", these definitions are capitalized throughout the policy.. 2.1 Administrator means the third party administrator selected by you to perform certain functions for your Plan. The term "administrator" as used in the Policy does not refer to the Plan administrator used in the Employee Retirement Income Security Act of 1974, unless you have specifically appointed the administrator as such. We are not the Administrator. We must approve the third party administrator selected by you. 2.2 Aggregate Attachment Point is equal to the greater of: A. The sum of the Monthly Aggregate Attachment Points for the Policy Period shown in the Schedule; or B. the Minimum Aggregate Attachment Point shown in the Schedule. 2.3 Covered Benefits means those services and/or supplies received or obtained by a Covered Person that are covered by the Plan and Incurred during the Expense Incurral Period as stated in the Schedule. 2.4 Covered Person means an employee or his or her dependent or a Leoff 1 retiree or his or her dependent that are enrolled in the Plan during the Expense Incurral Period. 2.5 Expense Incurral Period means the period of time as stated in the Schedule for which a Covered Person may Incur Covered Benefits under the Plan. In the event that the Policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Incurral Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period. 2.6 Expense Payment Period means the period of time stated in the Schedule for which you may pay for Covered Benefits under the Plan. In the event that the policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Payment Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period plus the length of time, if any, between the end of the Expense Incurral Period stated in the Schedule and the end of the Expense Payment Period stated in the Schedule. 2.7 Incur or Incurred means the date on which Covered Benefits was received and/or obtained by a Covered Person under your Plan. 2.8 Initial Effective Date means the date specified in the Schedule when the Policy first becomes effective. 2.9 Pay or Paid means the date your check or draft for payment of Covered Benefits is issued and mailed or electronically deposited directly to the payee, within the policy period, and that the account upon which the payment is drawn contains sufficient funds to permit the check or draft to be honored. SLP WA (09-08) 3 Definitions SECTION 2 DEFINITIONS (Continued) Effective 01-01-10 Revised 01-20.10 2.10 Plan means the employee benefit plan you have adopted in writing to provide benefits to your employees and their dependents, if applicable. 2.11 Policy means this policy, any amendments to this policy, the policyholder application, Plan, and Schedule. 2A2 Policy Period means the period of time that this Policy is effective as stated in the Schedule. 2.13 Schedule means the Schedule of Coverage that is part of your Policy. 2.14 We, us and our means LifeWise Assurance Company. 2.15 You and your means the Policyholder. SLP WA (09-08) 4 Definitions i AMENDMENT NO. 06 i This amendment becomes a part of Stop Loss Policy No. WA-518212-9999 issued to City of Kent, the Policyholder. It is stipulated and agreed that: Effective January 1, 2015: I The following page is replaced: Policy Cover. The following sections are replaced: Section 1, Schedule of Coverage. All other terms and conditions of the contract remain unchanged. This amendment is signed for us at Mountlake Terrace, Washington on the policy amendment effective date. LifeWise Assurance Company Michael L. Krutt President Instructions: Retain copy with your policy. SLP WA AMD (09-08) Amendment i I l LifeWise Assurance Company LJFEWISE 7001 — 2201h St S.W. Mountlake Terrace, WA 98043-2124 Life I Dlsabllity I Stop Loss STOP LOSS INSURANCE POLICY I LifeWise Assurance Company, Mountlake Terrace, Washington (herein we, our, and us) agrees with the policyholder to pay benefits under the provisions of the Policy. Ili POLICY NUMBER: WA-518212-9999 POLICYHOLDER: City of Kent POLICY EFFECTIVE DATE: January 1, 2010 POLICY ANNIVERSARY: January first of each year This Policy is issued in consideration of the policyholder's application and payment of premiums and will take effect on the Policy effective date. This Policy is delivered in, and governed by the laws of, the State of Washington. The policyholder's Plan, Schedule of Coverage, and all provisions in this and the following pages, and any amendments and endorsements included on the date of issue or added later, are part of this Policy. Throughout this Policy, "you" and "your" refer to the policyholder. LifeWise Assurance Company has, by its President and Chief Executive Officer, executed this Policy as of 12:01 a.m. on the Policy Effective Date at Mountlake Terrace, Washington. Signed for us at Mountlake Terrace, Washington on the policy effective date. Rick Grover Michael L. Krutt Chief Executive Officer President LifeWise Assurance Company LifeWise Assurance Company i I I SLP WA (09-08) i SECTION 1 LJFEWISE SCHEDULE OF COVERAGEyfywC . Policyholder: City of Kent UN I N Wliey swp less WA-618212-9999 POLICY PERIOD: January 1, 2015 through December 31, 2015 COVERAGE PROVIDED (Provided if checked): 1.1 ® AGGREGATE STOP LOSS Attachment Level: ❑ 120% ❑ 125% ® Other: 200% Aggregate Expense Incurral Period: From January 1, 2009 through December 31, 2015 Aggregate Expense Payment Period: From January 1, 2015 through December 31, 2015 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. Aggregate Deductible (Composite): Composite Units MedicaliRx Aggregate Monthly Factor $2,345,80 C. Minimum Annual Aggregate Deductible: Greater of: $17,762,398 or 95% of the First Monthly Aggregate Deductible times 12. D. Limit of Liability: We will reimburse 100% of eligible expenses you pay under your Plan in excess of the deductible to a maximum of$1,000,000. E. Claim Review is ® end of Policy Period ❑ Monthly with $ threshold. F. Monthly Premium Rate (Composite Units): $0.01 per Employee 1.2 ® SPECIFIC STOP LOSS Specific Expense Incurral Period: From January 1,2009 through December 31, 2015 Specific Expense Payment Period: From January 1, 2015 through December 31, 2015 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. $200,000 Individual Specific Deductible per person. j C. NIA Aggregating Specific Deductible per contract year. D. Limit of Liability:We will reimburse 100% of eligible expenses you pay under your Plan in excess of the deductible. The maximum we will reimburse you per person: Annual Maximum: ❑ $ ® Unlimited Lifetime Maximum: ❑ $ ® Unlimited E. Specific Advanced Funding: ® Yes ❑ No F. Monthly Premium Rate: ❑ Employee Only: $ Family Rate: $ ® Composite: Employee & Dependent: $50.85 1.3 ❑ TERMINAL LIABILITY PROTECTION Number of months: SLP WA (10-10) 2 Schedule of Coverage I This page intentionally left blank. KENT ...... Agenda Item: Other Business — 8A TO: City Council DATE: February 3, 2015 SUBJECT: 2014 Budget Adjustment Ordinance - Adopt MOTION: ADOPT Ordinance No. , approving the consolidating budget adjustment ordinance for adjustments made between October 1, 2014, and December 31, 2014, reflecting an overall budget increase of $5,366,674. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $5,366,674 for budget adjustments made between October 1, 2014, and December 31, 2014. An overall increase of $3,604,938 was previously approved by Council. Included in this amount is $1,377,391 to allocate technology capital to specific projects, $767,994 to allocate TIF to the S.E. 256th project fund and $317,000 DOT Highway Safety Improvement Grant. The remaining amount not yet approved by Council is an overall increase of $1,604,938, and is comprised of $1,500,000 in additional budget authority needed to pay off the $2.7m debt in the ShoWare Operating Fund, $62,708 for a Target Zero Teams Grant, and $37,466 for miscellaneous mini grants from 2007. Exhibits: Ordinance Recommended By: Operations Committee YEA: Boyce — Ralph — Thomas NAY: Budget Impact: Paying off the ShoWare Operating debt is funded with General Fund reserves in excess of the 10 percent target. The remaining expenditures are funded by grants, bonds or other new revenues. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between October 1, 2014 and December 31, 2014 reflecting an overall budget increase of $5,366,674. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Budaet Adiustments. The 2014 budget is amended to include budget fund adjustments for the fourth quarter of 2014 from October 1, 2014 through December 31, 2014, as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2013-2014 biennial budget Ordinance No. 4067, as amended by Ordinance Nos. 4099, 4110, 4113, 4119, and 4130 shall remain unchanged. SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. 1 2014 Budget Adjustment Fourth Quarter- 2014 SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. 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) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Budget Adjustment 4h Quarter 2014.docx 2 2014 Budget Adjustment Fourth Quarter- 2014 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments October 1, 2014 to December 31, 2014 Total Previously Approval Adjustment Fund Title Approved Requested Ordinance 001 General Fund 189,065 1,500,000 1,689,065 110 Street Fund 767,994 - 767,994 150 Capital Improvement Fund - (3,118) (3,118) 160 Criminal Justice Fund 179,351 108,056 287,407 310 Street Capital Projects 1,153,700 - 1,153,700 320 Parks Capital Projects 94,235 94,235 340 Technology Capital Projects 1,377,391 - 1,377,391 Subtotal 3,761,736 1,604,938 5,366,674 Budget Adjustment Detail for Budget Changes October 1, 2014 to December 31, 2014 Not Approval Previously Previously Total Date or Approved by Approved by Adjustment Other Fund Council Council Ordinance 001 - General Fund 1 4Culture Grant w/KC 12/9/2014 17,000 17,000 1 ECD Mid year Budget Adjust 7/15/2014 169,065 169,065 1 WESTAF Grant for Perf-Oct 10/7/2014 3,000 3,000 1 Pay off ShoWare Debt 1,500,000 1,500,000 Total General Fund 189,065 1,500,000 1,689,065 110 - Street Fund 110 Allocate TI F to SE 256th 6/4/2013 767,994 767,994 Total Street Fund 767,994 - 767,994 150 - Capital Improvement Fund 150 Close Project/Return Funds (3,118) (3,118) Total Capital Improvement Fund - (3,118) (3,118) 160 - Criminal Justice Fund 160 Drug Free Comm Grant 10/21/2014 107,815 107,815 160 State Farm Grant 3/18/2014 15,000 15,000 160 Target Zero DUI 10/21/2014 21,700 21,700 160 Misc Police Min Grants 07 37,466 37,466 160 Target Zero Teams (TZT) 62,708 62,708 160 WA Traffic Safety Comm Gt 3,500 3,500 160 WATPA Equipment Grant 4,000 4,000 160 WASPC Equipment Grant 1,000 1,000 160 Close Project/Return Funds (3,118) (3,118) 160 Distracted Driving Enfrc Gt 2,500 2,500 160 Target Zero DUI Grant 11/19/2013 8,500 8,500 160 Target Zero Grant 10/15/2013 26,336 26,336 Total Criminal Justice Fund 179,351 108,056 287,407 310 - Street Capital Projects 310 Allocate TI F to SE 256th 6/4/2013 767,994 767,994 310 SEPA Ordinance #2494 Ord 2494 68,706 68,706 310 DOT Highway Safety Imp Grnt 8/7/2012 317,000 317,000 Total Street Capital Projects 1,153,700 1,153,700 Budget Adjustment Detail for Budget Changes October 1, 2014 to December 31, 2014 Not Approval Previously Previously Total Date or Approved by Approved by Adjustment Other Fund Council Council Ordinance 320 - Parks Capital Projects 320 "1" CANN Fitness Equip 10/7/2014 14,285 14,285 320 3rd Qtr Fee-in-Lieu Fund 11/4/2014 41,100 41,100 320 Fee-in-lieu to Com/Green Pk 8/5/2014 38,850 38,850 Total Parks Capital Projects 94,235 94,235 340 - Technology Capital Projects 340 Allocate Technology Projects 12/10/2013 1,377,391 1,377,391 Total Technology Capital Projects 1,377,391 - 1,377,391 Grand Total All Funds 3,761,736 1,604,938 5,366,674 This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Chief Administrative Officer D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. OFFICE OF THE MAYOR \ � Derek Matheson, Chief Administrative Officer v KtNT Phone: 253-856-5700 WISH °°1°° Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: Tuesday, February 3, 2015 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 3, 2015 The Chief Administrative Officer's report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION (Mayor, Clerk, Government Affairs) Chief Administrative Officer Derek Matheson and Council President Dana Ralph met with facilitator Jim Reid to finalize the agenda for the February 6 and 7 council retreat. ECONOMIC AND COMMUNITY DEVELOPMENT • The City of Kent was a top-level sponsor of the 43rd Annual Economic Conference hosted by the Economic Development Council of Seattle and King County on January 15. The City's new brand, "Bringing the World Home," made its debut to over 800 hundred regional industry and government leaders, including the governor. Interesting facts about Kent, which echoed conference forecast themes of "investment and innovation," as well as foods sourced from "around the world" (but actually from Kent) were featured at tables for the hundreds of attendees. • Kent will be hosting the Association for Unmanned Vehicle Systems International's Cascade Chapter conference on April 16 and 17 at the Cascades Towers at Centerpoint. The conference will bring approximately 200 individuals from the Pacific Northwest's aerial drone industry to Kent for a trade show. The conference is an opportunity to spotlight the high-tech innovation that exists in Kent's industrial valley, and the many future applications of this emerging technology. Kudos to the City's Economic Development Analyst Bill Ellis for helping to recruit this event to Kent. • The City of Kent Council has approved a conditional sale of the River Bend Par 3 golf course as the City positions itself to an opportunity to be selected for the FAA, Federal Aviation Administration, regional headquarters in March. If selected, about 1,600 above-average salaried workers would come to Kent every day, which will catalyze development along the Meeker St corridor and further solidify Kent's strong role in Puget Sound region's aerospace industry. Page lof 4 FINANCE Finance is in the midst of their Year-End process. Significant upcoming dates include all 2014 accounts receivable invoices being due to finance on or before January 30 and all journal entries and corrections are due to finance on or before February 9. So far the year-end process is moving forward according to schedule. They are required to speed up this year's process due to a deadline from the State Auditor's Office which requires local government entities that are submitting for the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to have their financial statements completed by April 1. HUMAN RESOURCES The city-wide sick leave usage report by department for 2014 shows a decrease in the average annual sick leave usage per employee. Historically we have used ICMA, the International City/County Management Association's, performance measurement criteria of 28.8 hours per 1000 hours worked as our benchmark for sick leave usage. Year 1000/hrs worked Usage per employee 2014 25.14 hours 53.29 2013 26.5 hours 55.11 hours 2012 26.2 hours 54.48 hours 2011 26 hours 54 hours 2010 25 hours 50 hours 2009 28 hours 62 hours *The numbers exclude sick leave usage that is covered by Family Medical Leave Act (FMLA), On The Job Injury (OJI), Family Care Act (FCA), Domestic Violence Leave, Military Caregiver Leave and Bereavement Leave INFORMATION TECHNOLOGY • The Multimedia department has taken the lead role in promoting the "5th Annual You Me We Celebration" citywide community event being held at ShoWare. It is promoted as a "festival of family fun!" They will also be filming at the event for use on KentTV. • Following an internal application and interview process James Endicott was selected to fill the open position of Technical Services Manager. He formally held the position of Systems Analyst. LAW • Prosecuting Attorney Julie Stormes and the prosecution division successfully defeated a constitutional challenge of a technical issue involving marijuana usage, the "per se limit" for THC blood levels, before the Washington State Court of Appeals. • Civil Attorney Tammy White has prepared a new draft of a very complex ordinance, the city's cable TV ordinance, which they hope to negotiate with Comcast later this year. Page 2of 4 Civil Attorney Tammy White, with the help of Legal Analyst Kim Komoto, and after receiving comments from all departments in the city, has developed a new procurement ordinance. Law will be circulating a draft of this ordinance to the Mayor's Leadership Team during February, make any appropriate adjustments, and bring the ordinance to the full council at a workshop in April for consideration and passage. MUNICIPAL COURT Kent Municipal Court was selected to participate in the State Auditor's Office current Performance Audit of the Washington State Patrol, "Assessing the Completeness and Accuracy of Criminal Records". This audit is reviewing state criminal records for accuracy and completeness by comparing individuals' official criminal records, maintained by the Washington State Patrol, to court records in the Judicial Information System. Kent Municipal Court was selected based on our high accuracy of disposition reporting. They are using Kent's procedures as a "best practice" for other courts to increase case disposition reporting. POLICE • The Detectives have been working to identify a pizza robbery suspect, (multiple but only one in Kent). Through their collaboration the suspect was arrested by Olympia PD/FBI last week and gave confessions to most of the crimes. • The department has made five conditional offers to candidates since the first of the year! Three laterals and two entry level police officers. • A prostitution sting was run in Kent, which netted six arrests. Three of the girls provided evidence which have become sex trafficking cases. • Arrests were made after a search warrant was served on a hotel room at Extended Stay. Items seized were a 2013 Honda Civic, $8,500 cash, approximately 200 pills of oxy, over an ounce of meth and over two ounces of heroin (About $10K in street value dope) • A massage parlor case was wrapped up by serving a search warrant. Two suspects are in custody and the team is working on the potential seizure through the banks right now. • February 12 is the next Police Community meeting at Kent Elementary from 7- 9pm. The main topic is the "Evolution of Police Vehicles". • February 25 is the next Coffee with the Chief at Maggie's on Meeker from 8am. • The Human Resources department trained all police supervisors in Halogen Evaluation Software and went live on January 17. All performance evaluations will be due March 1. • Finance trained all police Supervisors on the enhanced payroll program and is shooting for a "go live" date of March 16. • The department conducted their annual goals and objectives retreat with all first line supervisors in January. Page 3of 4 PARKS, RECREATION, AND COMMUNITY SERVICES • The MLK Day Clean-up event was a big success! Over 120 volunteers came out to help clean-up the city and celebrate the holiday by giving back to their community. Families, friends and students removed 2 huge truckloads of trash from the Interurban trail. That's almost 20 tons of trash! We appreciate the time our volunteers spent helping to make this important day an even more beautiful day on the trail. • This year is Kent's 125th Anniversary. A group of city staff and community leaders have been meeting to plan and create a "campaign" for celebrating this milestone. Rather than trying to focus on one event to celebrate, the planning team is creating a way that the anniversary can be woven into many community events (International Festival, July 4 Splash, concerts, Cornucopia Days, etc) throughout this year. Look for this effort to be publically launched this March! The City of Kent's actual anniversary date is May 28. • In the Spotlight performances, nearly 400 people attended the Marc Cohn concert at Kentwood Performing Arts Center on January 22. Tickets are currently on sale for the next performance, Broadway's Next H!T Musical, presented Friday, February 6 at the Kent-Meridian Performing Arts Center. • Winter sports leagues are underway and include 162 teams with over 1,700 participants (21 senior boys basketball, 48 boys elementary basketball, 23 girls elementary basketball, 40 adult volleyball, 30 coed basketball teams). These leagues are part of the goal to provide safe, healthy and community-building programs to our richly diverse city. Included in our winter sports is our Adaptive Recreation program. Kent will be well represented this year at the Special Olympics Regional Basketball Tournament on February 8. We will be sending three teams comprised of 28 players and approximately 12 volunteers to the tournament in Issaquah. Good luck teams!! PUBLIC WORKS Nothing to report Page 4of 4 EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c) ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.