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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/19/2002 Y Cloty' of Kent Coty Council Meeting Agenda , 6 i zp Y; v • Y� KEN T W A S H I N G T O N � sF' �VC Mayor Jim White Councilmembers Tim Clark, Council President3 y . � F Connie Epperly Bruce White Leona Orr Judy Woods 9� Julie Peterson RicoYingling _' �r V10 March 19, 2002 r 4;o' � Office of the City Clerk t� i�ry, h. � �'► SUMMARY AGENDA T KENT CITY COUNCIL MEETING WASHINGTON March 19, 2002 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Tim Clark, President Connie Epperly Leona Orr Julie Peterson * Judy Woods Bruce White Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Proclamation - Arbor Day B. Proclamation - Absolutely Incredible Kid Day C. Highline Community College Strategic Plan 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Kent Corrosion Control Facility Project Funding - Authorize D. Transportation Improvement Board Grant, Central Avenue - Authorize E. King County Signal Synchronization Grant Agreement, Kent Kangley Road - Authorize F. Purchase of Smith and Loveless Pump Stations, 3rd Avenue and Washington Street - Authorize G. McHugh Short Plat Bill of Sale - Accept H. King County Arts Commission Grant for King County Performance Network - Accept and Amend Budget I . 266th Street Vacation Petition - Authorization J. DeMarco Annexation Comprehensive Plan and Zoning - Set Hearing Dates 7 . OTHER BUSINESS A. Flexpass Program Agreement - Commute Trip Reduction B. City of Auburn Home Repair Interlocal Agreement - Authorize 8 . BIDS A. Kent Corrosion Control Facilities 1 -0 (continued next page) S 4 f' " SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 . EXECUTIVE SESSION A. Pending Litigation S. Labor Negotiations 13 . ADJOURNMENT f ,a NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. The Agenda " Summary page is on the City of Kent web site at www.ci .kent .wa.us . An explanation of the agenda format is given on the back of this ` page. Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 656-5725 . For TDD relay } service call the Washington Telecommunications Relay Service at ' 1-800-833-6388 . A j I aw C S TO ''A*q*QENDA, �� jx, A t 7z Citizens wishing toi 84dress the -,Council, -F ads this time, i make known the subjact of interest, sq , p*j j e properly + hears ,r I , A) FROM COUNCIL, fAPIMfINIST.RATION, OR, , v 1 , rl H5 FROM THE PUSLIt_ kl I d r ,J - III "I•I,, s tHt �al `� �� { CCC a i .4 j Via: t j ta;9� .t I`"'� u P I'd 9 T,ONO it L #i It b { Yt A) PROCbAMATION — k, $) PROCLAMATION — A SOLUTELY TNCR=3W4' ,' r^ C) HIGHUINE COMMUNI YOOLL40 STOAT* n } i ty� �ti of ��§§�� � �dl •�n '. r4�@ 1I' � k 1. aN { C . , ]i yx !¢ I ¢yy rx k{ M ' c CONSENT CALENDAR 6 City Council Action n Councilmember moves, Councilmember C� seconds to approve Consent Calendar Items A through J Discussion Action GA. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 5, 2002 . • 6B . Approval of Bills. Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 5, 2002 . Approval of checks issued for vouchers: Date Check Numbers Amount 2/28/02 Wire Transfers 1125-1132 $ 851, 943 . 07 2/28/02 Prepays & 529974 2 , 341, 710 . 00 2/28/02 Regular 530474 2 , 320, 512 . 14 $5 , 514, 165 .21 Approval of checks issued for payroll for February 15 through February 28 and paid on March 5, 2002 : Date Check Numbers Amount 3/5/02 Checks 258614-258941 $ 253, 290 . 89 3/5/02 Advices 125332-126061 1, 062 , 370 . 63 $1 , 315 , 661 . 52 Council Agenda Item No. 6 A-B Kent, Washington March 5 , 2002 The regular meeting of the Kent City Council was called to order at 7 00 p m by Mayor White Councilmembers present Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present • Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, and Parks, Recreation and Community Services Director Hodgson Approximately 25 people were at the meeting (CFN-198) CHANGES TO THE AGENDA Consent Calendar Item 6I , Appointments, was added at the request of Mayor White Continued Communications Item 11A regarding Riverbend Golf Course was added at the request of Robert O ' Brien. (CFN-198) PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that the Employee of the Month for March is Dave Everett, Fund Development Coordinator in the Parks Department He noted that after nearly thirty years in the Kent Police Department, Everett joined the Parks Department in June 2001 . He explained that Dave has worked tirelessly soliciting funds and implementing parks and recreation programs . Parks Director Hodgson added that Everett has been a stand out employee in the City for many years and offered his thanks and congratulations . Everett said that the stronger the Parks Department is, the less money will have to be spent on corrections centers and justice centers He expressed appreciation for the opportunity to work in the Parks Department (CFN-147) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through I . Woods seconded and the motion carried MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes Approval of the minutes of the regular Council meeting of February 19, 2002 BILL OF SALE (CONSENT CALEN➢AR - ITEM 6H) (CFN-484) Swan Court Division III Bill of Sale. Accept the Bill of Sale for Swan Court Division III submitted by Dreamcraft 1 Kent City Council Minutes March 5, 2002 BILL OF SALE Homes for continuous operation and maintenance of 134 feet of sanitary sewers and 165 feet of storm sewers, as recommended by the Public Works Director. Bonds are to be released after the one-year maintenance period This project is located at 11405 SE 240th Street ENERGY AUDIT (CONSENT CALENDAR - ITEM 6C) (CFN-120) Energy Audit Agreement. Authorization to enter into an agreement with Washington State Department of General Administration to complete an audit of conservation measures throughout the city for a cost of $43 , 622 00, as recommended by the Parks Director. Quantum Engineering has been selected as the Energy Services Company CORRECTIONS FACILITY (CONSENT CALENDAR - ITEM 6D) (CFN-120&122) Corrections Facility Structural Report. Authorization to enter into an agreement with Staaleson Engineering to conduct further structural analysis on the Corrections Facility and prepare a report for an amount not to exceed $26 , 550 . 00 , as recommended by the Parks Director. As a result of the Nisqually earthquake on February 28 , 2001 , Staaleson Engineering was hired to prepare a pre- liminary evaluation of structural issues at the Corrections Facility POLICE (CONSENT CALENDAR - ITEM 6I) (CFN-122) Appointments . Confirmation of the Mayor ' s appointment of Council Member Leona Orr to the Kent Drinking Driver Task Force and Council Member Julie Peterson to the LEOFF 1 ➢isability Board. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM GE) (CFN-120) Russell Road Maintenance Security. Authorization to enter into an agreement with Honeywell in the amount of $32 , 150 . 00 for added security at the maintenance facility located at 5821 South 240th, as recommended by the Parks Director. 2 Kent City Council Minutes March 5 , 2002 PARKS, RECREATION AND COMMUNITY SERVICES (BIDS - ITEM 8A) (CFN-118) East Hill Youth Sports Complex. The bid opening for this project was held on February 28, 2002 , with seven bids received. The apparent low bid was submitted by Stan Palmer Construction in the amount of $3 , 572 , 000 . 00 The Engineer ' s estimate was $3 , 600 , 000 . 00 . The Parks Director recommends awarding the contract to Stan Palmer Construction The City Attorney noted that a protest was received this afternoon from the third lowest bidder. He explained that the protest was reviewed and it was determined that valid legal issues were not raised. Parks Director Hodgson explained the project , noting that due to a new type of turf , this facility at 132nd and 248th will be usable year around. WOODS MOVED to award the East Hill Youth Sports Project to Stan Palmer Construction in the amount of $3 , 572 , 000 . 00, plus Washington State Sales Tax and to establish a budget for the project and declare intent to bond for a portion of the funds . Epperly seconded and the motion carried PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-1065) Public Works Trust Fund Loan Agreement. Authorization for the Mayor to sign the Public Works Trust Fund Loan Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director, and to establish a budget for same , as recommended by the Planning Committee PLAT (CONSENT CALENDAR - ITEM 6G) (CFN-1267) Willow Point (aka Blueberry Farm) Final Plat. Approval of the Willow Point Final Subdivision #FSU-96-9 (KIVA #2011532) and authorization for the Mayor to sign the final plat mylar. The final plat application for the Willow Point Final Subdivision was submitted by Paul V. Hanson Inc The Hearing Examiner issued the Findings with conditions on the preliminary plat on February 3 , 1997 The City Council approved the preliminary plat on March 4 , 1997 3 Kent City Council Minutes March 5, 2002 to PUBLIC RECORDS (OTHER BUSINESS - ITEM 7B) (CFN-1266) Public Records Request Procedures . Ch 42 . 17 RCW provides that the public shall be given full access to public records to assure continuing public confidence of fairness of elections and governmental processes , and to assure that the public interest will be fully protected. The City' s current policy regarding the processing of public records requests is contained within the City' s Policy Manual , however, this policy manual is not always easily available to the public By converting the current City of Kent Administrative Policy 1 . 3 from a policy provision to a code provision and allowing submittal of requests through the City' s website, the public will be better able to access the City' s processing procedure . This ordinance was originally brought before the Council on February 5 , 2002 ; however, Council wished to incorporate additional changes to allow for the submittal of requests via an interactive web page, which the City' s Information Technology Department has installed and which is now online. YINGLING MOVED to adopt Ordinance No 3588 which establishes and codifies policies relating to the processing of public records requests Orr seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 19, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 2/15/02 Wire Transfers 1117-1124 $1, 212 , 124 . 88 2/15/02 Prepays & 529335 419 , 927 53 2/15/02 Regular 529973 1 , 836 , 035 . 62 $3 , 468 , 088 03 4 Kent City Council Minutes March 5 , 2002 FINANCE Approval of checks issued for payroll for February 1 through February 15 and paid on February 19, 2002 - Date Check Numbers Amount 2/19/02 Checks 258290-258613 $ 266, 723 20 2/10/92 Advices 124631-125331 1, 120 , 133 . 62 $1 , 386, 856 . 82 COUNCIL (OTHER BUSINESS - ITEM 7A) (CFN-198) Term Limits. Kent City Code Sections 2 . 01 . 030 and 2 02 . 020 established term limits for the positions of City Council Members and Mayor. The proposed ordinance would repeal these term limits Martin explained that this is strictly a policy matter YINGLING MOVED to adopt Ordinance No 3595 repealing term limits for Council Members and the Mayor. Woods seconded Joe Rubio, 3831 S 248th, asked the Council not to repeal term limits, noting that newcomers can be effective . He said that incumbents have more resources available than challengers, so it not a level playing field. Ted Kogita, 25227 Reith Road, said the City has lost money and urged the Council to leave term limits in place . Sandy Amodt , 22633 141st Avenue, said term limits benefit citizens . She said the difference between the proposed ordinance and the prior ordinance is retro- activity, and that the Council should be run by all seven members rather than Dust the three senior members She questioned whether Council members are fighting for citizens or for themselves Carol Voss, 14610 SE 266th Street, voiced opposition to term limits for anyone, saying it takes away the voter' s right to decide . Yingling noted that he was not on the Council when the original vote was taken and has no vested interest in this, and responded to Amodt that he is fighting for the citizens He said that who citizens can and can' t vote 5 Kent City Council Minutes March 5, 2002 COUNCIL for should not be legislated, and urged Council members to adopt the proposed ordinance . Epperly said citizens like term limits and noted that no one on this Council would affected by this ordinance for at least eight years . Clark clarified that the comment he used at the time of the previous term limit ordinance debate was that " institutional memory is lost" , and that one of the problems faced by part-time legislative positions is becoming involved in long-term processes that are set up to deal with long-term problems . He said that when experienced Council members are lost, one of the impacts is losing people who were at the earlier discussion, resulting in dependence upon staff He added that good candidates are hard to find because people can' t stand up to the abuse they receive . Woods said there is no better fob than being on the City Council and suggested that democracy works . She noted that in the last five years there have been six Council members who are no longer on the Council, and noted that Ms . Amodt defeated a long-term incumbent in 1997 . Orr spoke in support of repealing term limits and pointed out that there is no personal gain, as she would not be affected for two more elections . She said people have changed their opinion on term limits, as it takes away their right to choose . Peterson said voting to repeal the ordinance is not an honorable thing for a new Council member to do . White agreed that public opinion has changed and noted that his research showed that only one-third of the people he visited were in favor of keeping term limits in place . The motion to adopt Ordinance 3595 repealing term limits then passed with Epperly and Peterson opposed REPORTS Council President . Clark reminded Council members of the Suburban Cities meeting on March 13th in Auburn (CFN-198) Operations Committee. Yingling thanked Clark for filling in for him at the committee meetings while he was on vacation (CFN-198) 6 Kent City Council Minutes March 5 , 2002 REPORTS Public Works Committee. Orr noted that the next meeting will be held at 5 : 00 p m on March 18 . (CFN-198) Planning Committee . Orr noted that the next meeting will be held at 3 : 00 p m on March 19th (CFN-198) Parks Committee. Woods noted that the next meeting will be at 4 . 00 p .m on March 12th (CFN-198) Administrative Reports. Martin reminded Council members of an executive session of approximately fifteen minutes regarding property acquisition and pending litigation, with no action anticipated (CFN-198) RIVERBEND GOLF COURSE (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-118) Riverbend Golf Course. Robert O ' Brien, 1131 Seattle Street, expressed interest in the contract change to the Riverbend Golf Services contract with Public Golf Management and the increase in driving range percentage to the PGM people by 5% to replace revenue from merchandise He also voiced concern about the fixed fee payment schedule and said he had asked for a profit and loss statement for January, but that he hasn' t seen it yet Parks Director Hodgson responded that he will provide a profit and loss statement when the month is closed out . He explained the contract change relating to merchandis- ing and then explained the change to the fixed fee payment schedule . EXECUTIVE SESSION At 7 55 p.m. , the meeting recessed to Executive Session The meeting reconvened at 8 . 40 p. m. (CFN-198) ADJOURNMENT CLARK MOVED to ad]ourn at 8 .40 p m Woods seconded and the motion carried (CFN-198) Brenda Jacobe , CMC City Clerk 7 Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: KENT CORROSION CONTROL FACILITY PROJECT FUNDING r6 - r rn e-svz-rrvic x nx. 2 . SUMMARY STATEMENT: Authorization to transfer $115, 000 from the East Hill Reservoir Fund to the Corrosion Control Fund r- The City of Kent is mandated by Federal Law to limit the copper and lead levels in our drinking water. The Kent Corrosion Control Facility Project accompL this with respect to the Clark Springs and East Hill sou Based on the bids recently received, the r 11t budget is short by an estimated $115 , 000 . recommended y e Public Works Committee L4, r e--the tranaFar f _$1-15;-0- f Cent af4pl c,.n.i (#W20010l _ 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • DISCUSSION. ACTION: Council Agenda Item No. 6C PUBLIC N�ORES DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-866-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date Marcn 4 , 2002 Public Works Comm,zzee From Don Wickstrom, Puplic Works Director Su_�Ject Kent Corrosion Control Facil_:�v Pro] ect L-n er F ederal _aw and adT ='-_stereo'. tn-,: the State ' s DeDarz-lend of Healtn (D 0 H ) we are required to limit the cccDer and lead levels in our drinking water at the Customers faucet If our water is corrosive it will react with the customers plumbing system and leach out copper and lead therefrom Tests have shown that our water is too corrosive with respect to copper and as such e are under orders by D 0 H to correct this problem To do so we must raise the pH (acidity) of our water The Kent Corrosion Control Facility Pro]ect accomplishes this at least w-:n respect to our Clark SorinCs and East Hill sources "he prcnlem is however, based on the bids Yecently received, the overall protect budcet is snort by an estimated $11-5 , 000 (See attached) To fund t"is Short-fall so tnis Dro]ect can be awarded, there is anout $205 , 000 in our East Hill Reservoir protect fund The monies within this fund were estaolisr_ec to acquire property for the ;few reservoir which has been accomDl'_shed Further, any monies loft over were anticlDated to initiate design work for said reserve,-- However because vie are not planning to build that reservoir 'anti'_ 2004 we are recommending that $115 , 000 of that fund be transferred into this protect fund MOTION Recommend Council transfer $115, 000 from the East Hill Reservoir Fund (#W20059) to the Corrosion Control Fund (#W20030) COCCO510^.0 C-. -plc¢C .' J U 0 > U U H M 0 c� z W ^v 0 � � U n O lfl lfl G o O c G l.f) -` U N r O O O O O N O Lll N N O Lq r-I v m . - - U lD c Go N a' CD, .: U CO co M N L'1 rf J 2 w M fn 0 LT t? th L} 2fi N :h LI- W N O Ti O N 0 U CO C 0 M >v Lei U y .ru O U G� 14 > A 3 O 4 tl 0 W N rl U r1 N 'IJ N ro m a m G7 u ri rl 'N U (]a cc m ow N U1 0 > cc U] 01 � •n W r .^. C 0� G 3 w N O H 0 p L �1 Cilit 0 E a m G C 0) 0 0 0 0 N 11 •'i zo r1 m m c r-1 ro0 Lida C] J PI m a oo ono c c� � U U O U =. F .� ti Kent City Council Meeting Date March 19 , 2002 Category Consent Calendar 1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT, CENTRAL AVENUE - AtrfNtRa-8E 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign TIB Grant Agreement #8-1-106 (028) -1, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement pro3ect . • 3 . EXHIBITS : Public Works Director memorandum and grant agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS • 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC R'ORKS DEP ,RT)IE\T Don E Wickstrom, P E Public Works Director Phone 253-850"-5500 KEN T Fax 253-856-6500 N+s rile ciou Address 220 Fourth Avenue S Kent,WA 98032-5895 Date Marcn A , 2002 To Punlic Works Commuttee ,rom Don wickstror(�Public Wor'.s Director Sub] ect • T I B . Grant - n8-1-106 (028) -1 Central Ave (George St to Smitn St) we are in receipt of a TID Grant Agreement in the amount of 5192 , 000 for the design phase of Central Avenue North (George St tc Smith St) At this time we are requesting authorization -or the Mayor to sign the grant agreement , direct staff to accept the grant and establish a budaet for the funds to be spent w_t'ain said road improvement pro] ect MOTION Recommend authorizing the Mayor to sign the grant agreement , direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement proDect =Cercral Arterial Improvement Program (AIP) Design Phase Project Agreement Agency City of Kent Project Number 8-1-106(028)-1 Project Name Central Avenue N George Street to Smith Street Total Amount Authorized Authorization to Proceed Effective From $192,000 January 31, 2002 In consideration of the allocation by the Transportation Improvement Board of TIB funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIB funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth to RCW 47 26, the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based, all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the PROSPECTUS, acknowledges that funds hereby authonzed are for the development of the proposal as defined by Chapter 167, Laws of 1988. If the costs of the project exceed the amount of TIB funds authorized by the Transportation Improvement Board, set forth above, and the required local matching funds represented by the local agency to be committed to the project, the local agency will pay all additional costs necessary to complete the project as submitted to the board This shall not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of the Board Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70 94 The lead agency certifies that the project meets all applicable clean air act requirements In consideration of the promises and performance of the stated conditions by the agency, the transportation improvement board hereby agrees to reimburse the agency from allocated TIB funds and not otherwise, for its reimbursable costs not to exceed the amount specified Such obligation to reimburse TIB funds extends only to project costs incurred after the date of the board's allocation of funds and authorization to proceed with the project CITY OF KENT TRANSPORTATION IMPROVEMENT BOARD S ,1-5/G� Agency Designee Date Executive Director Date i Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: KING COUNTY SIGNAL SYNCHRONIZATION GRANT AGREEMENT, KENT KANGLEY ROAD - -AVTHORTZE—' 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the grant agreement , direct staff to accept the grant and establish a budget for the funds to be spent within said project . 3 . EXHIBITS: Public Works Director memorandum and grant agreement 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6E PliBLIC WORKS DEP4RTNIE\T Don E Wtckstrom, P E Public works Director 400 Phone 253-856-5500 KENT Fax 253-856-6500 wnsNi+c-aN Address 220 Fourth Avenue S Kent,WA 98032-5895 Date March ?, 2002 To Public Works Committee ,il 0) Trom Don Wicxstrom, Public Works ?irector SL^]ect King County Signal Synchronization Grant Agreement - Kent-Kanalev Road We are in rece_Dt of a King County Signal Synchronization Grant. Agreement in the amount of $70 , 000 . The pro]ect is to optimize signal operations on Kent-Kangley Road between 152" Avenue SE and Central Avenue South At this time we are requesting authorization_ for the Mayor to sign the grant agreement , direct start to accept the grant and establis'r_ _a budget for the 'funds to be spent within said pro] ect MOTION Recommend authorizing the Mayor to sign the grant agreement , direct staff to accept the grant and establish a budget =or the funds to be spent within said pro]ect 0 S1cgnalaran- Signal Synchronization Grant Program Interagency Agreement Between City of Kent and King County For the Signal Synchronization Project on Kent-Kangley Road between 152"�° Avenue SE and Central Avenue S THIS AGREEMENT is made and entered into this _day of 2002, by and between King County, hereinafter called the "County," and the City of Kent, hereinafter called the "City," both of which entities may be collectively referred to hereinafter as the "Parties " WHEREAS, the King County Council has established a System-Wide Signal Improvement Program for King County through the adopted budget for 2002 for King County, WHEREAS, as part of the System-wide Signal Improvement Program, a new Signal Synchronization Project has been created that enables King County to make financial grants to other public agencies within King County for the purpose of optimizing signal settings along key transit corridors, and WHEREAS, the City of Kent and King Countyjomtly acknowledge the value and importance of efficient signal operations for all modes of travel along these key transit corridors, WHEREAS, the City of Kent has applied for a grant from King County to optimize signal operations on Kent-Kangley Road between 152Id Avenue Southeast and Central Avenue South, and WHEREAS, the City and the County share a common goal to improve signal operations along this corridor, WHEREAS, the County has awarded the City a grant of S70,000 for this purpose, and WHEREAS, the City and the County now desire to establish the terms under which the County will provide these funds and other related services to the City NOW THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the Parties agree to the following 10 SCOPE OF WORK 1 1 Under this Agreement, 14 signals, as shown in Attachment B-1, will be re- tuned in an effort to improve and/or create synchronized signal operation 12 The tasks of the signal re-timing effort are as follows Project Management, Data Collection, Development of New Signal Timing Plans, Implementation, Testing and Acceptance of New Signal Timing Plans, and Completion of a Before and After Study A detailed description of the required work elements for each of these five tasks is outlined in Attachment B-2, as attached 13 The Parties agree to share all technical data, findings, and reports that are produced under this Agreement The Parties agree to participate in regional traffic forums that will be organized by the County with assistance from participating Cities to review and report on results and to develop suggestions for future improvement 14 The Parties agree to report on the results of the signal synchronization projects with a Before and After Study using the format, as outlined in Attachment B-3 15 The Before and After Study prepared for this Agreement will be compiled by the County with the results of all the other Before and After Studies from all of the signal re-timing projects that are funded by the King County Signal Synchronization Project for 2002 The overall results of the King County Signal Synchronization Project for 2002 will then be shared throughout the region, both with local elected officials as well as technical staff 20 SCHEDULE 2 I Data Collection will be completed on or before May 23, 2002 The Party responsible for Data Collection agrees to make a copy of the data collected for this Agreement available to the other Party 22 The development of signal timing plans will be completed on or before August 30, 2002 If the City prepares these plans, they will make a copy available to County If the County prepares these plans, the City will first review them and then at its discretion, the City may accept or modify the County plans for any of the City's signals The City will then document and provide to the County the final signal timing plans that City has authorized for installation 2 3 New signal timing plans must be installed, tested and field accepted on or before October 31, 2002 by the City The City commits to document all field adjustments that it makes during installation and to update the signal timing plans accordingly These field adjustments shall be reported in the Before and After Study 2 4 The final Before and After Study Report must be issued by December 31, 2002 The Party responsible for preparing the Before and After Study agrees to make a draft copy available to the other party for review and comment by December 5, 2002 3 0 CITY RESPONSIBILITIES 3 1 The City will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (Check all that apply) 3 1 I Project Management Q 3 12 Data Collection Q 3 13 Development of Signal Timing by Time of Day Q 3 14 Implementation of Signal Timing Q 3 1 5 Completion of Before and After Study Q 3 2 The City agrees to complete its tasks according to the schedule shown in Section 2 0 33 The City agrees to work cooperatively to with the County to insure that the terms and intent of the Agreement are met 3 4 The City is legally responsible for the operation of its signal system Only the City or its authorized maintenance agent is legally authorized to set and approve the signal settings for its signals Any technical recommendations or comments for signal timings prepared by the County are advisory only They are not binding on the City and the County incurs no liability for offering them to the City for the City's consideration 40 COUNTY RESPONSIBILITIES 4.1 The County will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (check all that apply) 4 1 1 Project Management ❑ 4 12 Data Collection ❑ 4 13 Development of Signal Timing by Time of Day ❑ 4 14 Completion of Before and After Study ❑ 42 The County agrees to complete its tasks according to the schedule shown in Section 2 0 43 The County will work cooperatively with the City to insure that the intent of this Agreement is satisfied 5 0 COUNTY PAYMENT TO CITY 5 1 The County agrees to pay the City of Kent a maximum of 570, 000 for services described in Section 3 52 The County will pay the City $39,200 upon successful completion of the following scope element(s) Tasks 1, 2, and 3 5 3 The County will pay the City the balance of 530,800 upon successful of the following scope element(s). Tasks 4 and 5 60 COUNTY IN-KIND SERVICES 61 The County agrees to provide the required in-kind services with either County - personnel or consultants under contract to the County to complete the work described in Section 4 0, up to a maximum of$5,000 per intersection 70 LEGAL RELATIONS 7 1 It is understood that the Agreement is solely for the benefit of the Parties hereto and fives no nght to any other party No joint venture or partnership is formed as result of this Agreement No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the other Party 72 To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, employees, principals, and agents from all claims, demands, suits, actions and liability of any kind, including injuries to persons or damages to property, that anse out of, are connected with, or are due to any negligent act or omission of the indemnifying party or any of its contractors, and/or employees, agents and representatives under this Agreement, provided, however, that if(and only if) RCW 4 24 115 applies and any such damages and mjunes to persons or property are caused by or result from the concurrent negligence of both Parties to this Agreement, or any of their employees, agents and representatives, then in such instance each Party's obligation hereunder applies only to the extent of the negligence of such party or its officials, employees or agents Each Party specifically assumes potential liability for actions brought by its own employees against the other Party and for that purpose only each Party specifically waives, as to the other Party only, any immunity under the Worker's Compensation Act, RCW Title 51, and the Parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provision of RCW 4 24 115 7 3 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce provisions of this section against another Party, all such fees, costs, and expenses shall be recoverable by the prevailing Party 74 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action ansing under this Agreement 75 The provisions of this Section 7 shall survive any expiration or termination of this Agreement 8 0 DURATION, EXTENSION AND TERMINATION 8 1 This Agreement shall take effect upon execution by both parties and shall expire on December 31, 2002 unless extended by mutual agreement of the parties 82 Either party may terminate this Agreement for its convenience and without cause by providing written notice of such termination via certified mail to the other parties not less than thirty (30) days prior to the effective date of termination If the City terminates, it must reimburse the County for any cash payments that it has received from the County and for the value of any in-kind services the County has rendered on its behalf, up to the maximum allowed by Section 6, and consistent with the scope as outlined in Section 4 If the County terminates, it must reimburse the City for any work it has performed under the Agreement up to the maximum amounts allowed by Section 5 0 and consistent with scope outlined in Section 4 0 90 IDENTIFICATION OF CONTACTS AT CITY AND COUNTY 9 1 The City and the County each agree to appoint a project manager who will be assigned to work collaboratively to implement this Agreement 92 All official communication concerning this Agreement should be directed to the following parties City County Ms Ellen Bevmgton Supervisor, Speed and Reliability Program King County Department of Transportation 201 S Jackson Street, MS KSC-TR-0411 Seattle, Washington 98104-3856 93 Any changes in agency contacts from those noted above may be communicated by facsimile or e-mail and must be venfed in writing to the other party 10 ENTIRE AGREEMENT 10 1 This document contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment of the parties 11 SEVERABILITY 11 1 If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the parties IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this day of 12002 The City of Kent By Date Ki?WByick eral Manager Date King County Metro Transit Division Attachment B-4: Financial Reimbursement Schedule Protect Kent-Kangley Road Number of Signals (A) 14 Number of Signals owned by King County 0 Number of Agencies Participating 1 Proposed Roles and Responsibilities Grant Option 1 Award per Total Mid Year End Year Total County Protect Tasks Signal (B) Amount Reimbursement Reimbursement Reimbursement Protect $500 $7,000 $7,000 $7,000 Management/Coordination Data Collection' $1,000 $14,000 $14,000 $14,000 Development of Signal Timing $1,800 $25,200 $25,200 $25,200 by Time of Day Signal Timing Implementation $800 $11,200 $11,200 $11,200 Before and After Study $900 $121600 $12,600 $12,600 Total County Reimbursement $5,000 $70,000 $39,200 $30,800 $70,000 'Historical data collected prior to execution of grant agreement is not eligible for reimbursement unlesspnor approval is received from King County B� 1 Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: PURCHASE OF SMITH AND LOVELESS PUMP STATIONS, 3RD AVENUE AND WASHINGTON STREET - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to purchase the Smith and Loveless Package Pump Stations for the 3rd Ave & Washington Avenue Pump Stations for a total price of $279, 737 . The pump station pro]ects are scheduled for construction in the Summer/Fall of 2002 . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F COMMUNITY DEVELOPMENT Mike H Martin, Chief Administrative Officer PUBLIC NVORKS DEPARTMENT Don E Wickstrom, P E Public Works Director 1400 _ hone 253-856-5500 K GN T P Fax 253-856-6500 WnSMINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date February 26. 2002 To PUBLIC WORKS COMMITTEE From Don Wickstrom "NJ Regarding Purchase of Smith and Loveless Package Pump Stations For the 3r6 Avenue and Washington Avenue Pump Stations The Public Works Department requests authorization to purchase a package pump stations manufactured by Smith and Loveless, Inc Council authorization is required due to the dollar amount of the purchase The Sales Agreement has been received (copy attached) and the total purchase price is S279,737 This price is within the anticipated price range based on previous quotations and estimates This is a sole-source purchase, therefore it was not advertised for bid Mayor White has waived the bid requirements The attached memo explains the project and the reason for the sole-source purchase MOTION Recommend authorization to full Council for purchase of the Smith and Loveless Package Pump Stations for the total price of S279,737 COMMUNITY DEVELOPMENT Mile H Martin Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wickstrom. P E Public Works Director eN P 23KENT Fax 5a ss as00 Address 220 Fourth Avenue S Kent, WA 98032-5895 _ Date January 23, 2002 To Mayor Jun White From Don «'ickstrom. Public Works Director JAN ? 9 2002 CC Mike Martin. Chief Administrative Officer Tom Brubaker. Interim City Attorney a Regarding ) Avenue South and Washington Avenue Pump Stations Waiver From Bidding Requirements The Public Works Department requests a«,giver of the bidding requirements for the purchase of two new storm«ater pump stations for the 3rd Avenue South and the Washington Avenue Pump Stations The Department desires the purchase of package pump stations as manufactured by Smith and Loveless Section 3 70 080 of the procurement ordinance #3187 allows the Mayor to waive the advertised bid requirements of Section 3 70 030 under specified circumstances For this purchase, the basis for the waiver specified in the ordinance is "that a bid, or the bidding requirements ofKCC Section 3 70 030 above, ivould other icrse not be practicable or in the cay's best interests The pump station projects are scheduled for construction in the Summer/Fall of 2002 The normal procedure would be for the construction contract to be bid in Spring of 2002 Pump stations of this type are specialty items requiring approximately 6 months of lead time from order until delivery to the site If the Department waited until the general construction contract was awarded. it would be too late for the Contractor to order the stations, have them delivered and installed by the end of 2002 Our desire is to purchase the pump stations in advance in order to keep the construction work on schedule This process was successfully implemented for the City's Lindental Sanitary Sewer Pump Station Project The cost for purchasing the two pump stations is approximately S 140.000 each for a total cost of 5280,000 This amount is well above the S50.000 threshold for application of the procurement ordinance The Stormwater Division has a strong preference for the Smith and Loy-eless brand of station and feels that it is in the City's best interest to purchase only this brand of station for the following reasons 1 All but one of the City's existing pump stations are Smith and Loveless The City has had excellent results with these products in the past 2 The maintenance cost of these stations are reduced because standard parts can be used on vanous Smith and Loveless pump stations and are easy to obtain 3 The city crews are familiar with the operation and maintenance of the S&L pump stations Other brands will complicate the operation and maintenance process and will require _ additional training for a new type of pump station If you concur with the request for waiver of advertising forbids as stated abo�e, please indicate your agreement by signing where indicated below Should you hay e any questions or comments, please call me at extension 5502 _�4� A��33 , Don Wickstrom Date Public Works Director PROCESS APPROVAL Tom Brubaker, Acting City Attorney Date {ACCEPTED r Jim White, Nlayor ?Le Date SALES AGREEMENT � ii�,ti� Page lofl CITY Oi -KEEN+ Smith&Loveless,Inc 14040 Sane Fe Trail Drive F E B 22 2002 Lenexa KS 66215 (913)988-5201 ENGINEERING DEFT Name and Address Date February 21, 2002 Inquiry Number 2980 Engineer City of Kent Job Location Kent. WA Snvth S Lovelms inc having an office at 14040 Santa Fe Trad Dnve Leneca,],,=as 662l5(neminafter rcferted to as Seller") herebv agrees[e scll to the Dine, aestmated below(herevia8er r;Certcd to as'Buver") suh+ec[to all oCthe[cnns and cand¢ions on the Cace and rn erse sides hereof[he tollowine cauoment _ 3 J AVENUE PUMP STATION ONE Smith &Loveless Custom Series Factory-Built Automatic Pumping Station with each pump designed to deliver 3250 GPM at 20' TDH, with all needed equipment factory-assembled and Installed in a I V-0" diameter welded steel pump chamber, with 7'- 6" of 44" ID welded steel entrance tube and with ladder to provide access The principal items of equipment include two vertical, close-coupled, 8", 8D5A pumps, connected to 30 HP, 875 RPM, 3/60/208 volt motors, internal piping consisting of 12"suction piping and suction plug valves, 12" discharge piping and discharge plug valves and separate 12" common discharges, automatic pumping level controls, remote control panel with circuit breakers and motor starters, fighting sump pump, motor-driven ventilator, denumidifier, and all internal wiring in the main chamber only Entrance tube and entrance tube conduit are fumished but not installed Accessory Items Included Remote (above grade) "UL" labeled NEMA 4 panel with hand-off switch (spring to off), run time meters and ammeters Panel mounted ammeters Panel mounted volt meters Running time meters Power/phase failure Station flooding Pump failure Unauthorized entry Remote alarm contacts UL labeled NEMA 4 station control panel complete with pump controller and submersible transducer Anode test box with meter High head sump pump Discharge pressure gauges One (1) additional spare mechanical seal assembly (total of 2) Four (4) additional anodes (total of 6) Steel entry lid Sump discharge piping to exit thru 6" diameter hole in top section entrance tube (protection pipe by others) - Four (4) spare pump volute gaskets Ten (10) spare filter elements—Old style Part#1 L371 One (1) Old style Part#1L371 spare filter for the spare mechanical assembly 10" diameter steel conduit duct 10" diameter steel vent duct with above grade vent blower Separate 12" diameter pump discharges thru top of station Operator assist alarm— one at top of tube and one at station control panel SALES AGREEMENT Page 2 of 4 Smith&Loveless,Inc 14040 Sams Fe Trarl Dnve W13)nc�a.KS 66215 888-5201 Name and Address Date Februan 21 2002 Inquuy Number 2980 Engmeer City of Kent Job Location Kent, W A Sttuth S Lovel¢s Inc having ar ofrme at 14040 Santa Fe Trail Dme Lenexa.K. mas Sb]i 5 ih:•emanor referred to as Seiler-) her ov agrees to sell to the ousc- o-e cared belmt iherematter rei,d to as-Hue ) submit to all- me Lc rrvs ano condtttoru on the face and reverse staes herco: the:ollowme tauaner WASHINGTON AVENUE PUMP STATION ONE Smith & Loveless Custom Series Factory-Bwit Automatic Pumping Station with each pump designed to deliver 3250 GPM at 20' TDH with all needed equipment factory-assembled and installed in a I V-0" diameter welded steel pump cnamber, with 4'- 6" of 44" ID welded steel entrance tube and with ladder to provide access The principal items of equipment include two vertical, close-coupled, 8", 81)5A pumps, connected to 30 HP, 875 RPM 3/60/208 volt motors, internal piping consisting of 12" suction piping and suction plug valves, 12" discharge piping and discharge plug valves and seoarate 12" common discharges automatic pumping level controls, remote control panel with circuit breakers and motor starters, lighting, sump pump, motor-driven ventilator, dehumidifier, and all internal wiring in the main chamber only Entrance tube and entrance tube conduit are furnished but not installed Accessory Items Included Remote (above grade) "UL" labeled NEMA 4 panel with hand-off switch (spring to off), run time meters and ammeters Panel mounted ammeters Panel mounted volt meters Running time meters Powerlphase failure Station flooding Pump failure Unauthorized entry Remote alarm contacts UL labeled NEMA 4 station control panel complete with pump controller and submersible transducer Anode test box with meter High head sump pump Discharge pressure gauges One (1) additional spare mechanical seal assembly (total of 2) Four(4) additional anodes (total of 6) Steel entry lid Sump discharge piping to exit thru 6" diameter hole in top section entrance tube (protection pipe by others) Four (4) spare pump volute gaskets Ten (10) spare filter elements— Old style Part#1 L371 One (1) Old style Part#1 L371 spare filter for the spare mechanical assembly 10" diameter steel conduit duct 10" diameter steel vent duct with above grade vent blower Separate 12" diameter pump discharges thru top of station Operator assist alarm — one at top of tube and one at station control panel 0 SALES AGREEMENT Page 3 of 3 Smith&Loveless,Inc 14040 Santa Fe Trail Dn.e Lencv KS 66215 (913)888-5.01 Name and Address Date Februan 21 2002 Inquiry Number 2980 Engmeer City of Kent Job Locauon Kent. WA Svmth 8 Loveless Inc ha,mg an off, a at 14O40 Santa Fe Ttmi Dme Lenexa.k. u 66-15(heremaf:r referred to u'Seller ) herebv agem to sell ra the bu"r d.,w.¢d bdo,rneremaller r fC ma to u'Baver ` vmect to all o:`ne terms and conditions on the,ace and racrse srdea hereof the fallow.nc ew-me,t _ Soecifically Excluded Items for Each Station Precast concrete wet well Concrete manhole sections, access hatches, and manhole covers Unloading, hauling from nearest unloading area and storage Excavation, backfilbng, grading and all field labor Concrete, concrete work, grout or grouting Concrete embedded Items Piping connections or any piping outside the pump station E!ectncal winng and conduit outside the pump station Unpacking and Installation of accessory items, including touch-up painting Protection pipe between wet well and station entrance tube FIELD SERVICE The services of a factory engineer for start-up, commissioning and training are Included in the pricing contained herein for a maximum of two (2) 8-hour working days spread over a maximum of two (2) trips for each station !f non-warranty additional service is required, it will be provided at$740 per day plus travel and living expenses TERMS The prices contained herein are firm for sixty (60) days after the bid date, provided a firm order is received at the factory within that time perod and provided approved submittals are received at the factory within sixty (60) days from the date submittals are forwarded from the factory All equipment is scheduled to be shipped within the time period indicated below In the event we are unable to ship within that period for reasons beyond our control, including a request by the Buyer to defer shipment, the prices are subject to adjustment to those prevailing at the time of shipment, but will not exceed 1-1/2% per month With continuing approval of the Smith & Loveless Credit Department, the following are the payment terms 90% net 30 days from date of shipment 10% retainage payable upon equipment start-up, not to exceed 150 days from delivery TOTAL SELL PRICE is based on two identical stations being purchased at the same time $279 737 Above pricing is F 0 B factory plus any taxes, which may apply Truck/Rail freight allowed to the job site, rail siding, or nearest unloading area Unloading to be by Buyer Any fuel surcharge assessed to Smith & Loveless, Inc shall be passed on at cost to customer This fuel surcharge Is not included in the quote herein and will be in addition to the above stated amount SALES AGREEMENT Page 4 of 4 m Smith& Loveless, Inc 14040 Santa Fe Trail ome &4exa,8-5 (31 15 i3)88530I Name and Address Date February 21, 2002 Inquu} Number 2990 Engineer City of Kent Job Location Kent, W A Snu•h S Lovd¢s Inc hav sng an o��ce at 14040 Santa Fe';ail Dm: iene[a k.asuaz fi6715(}terema&r refertad m as Shcer J hereor agrca to ull to the bin er _ dmsm d below(h:r_inattcr referted.o as`Borer ` sumext to all o-`ne tams and wnmtsons on tFe faa and reverse sores heeof•nc e9aw�q.eawc ncn Suomlttal of data for approval Is estimated 6 weeks after receipt of complete details at factory for each station Shipment Is estimated 20 weeks after receipt In Sellers office of approved submittal data for each station THE SALE OF THE EQUIPMENT DESCRIBED ABOVE IS MADE SOLELY ON AND EXPRESSLY SUBJECT TO ALL OF THE TERMS AND CONDITIONS ON THE FACE AND REVERSE SIDES HEREOF Agreed to this day of Agreed to this day of , At Lenexa, Kansas SMITH &LOVELESS, INC (Buyer) By (Authorized Signature) By (Authorized Signature) Prepared by (Address) (Sales Representative) Is this purchase tax exempt? YES_ NO_ The Sales Representative is not an agent or employee of Seller and is not authorized to enter into any agreement on Seller's behalf or to If YES attach Sales Tax Exemption Certificate bind Seller in any way CONDITIONS 1 GENERAL A equips et descin of this Agreement constitutes Buyers offer to purchase, an the terms and executions set forth s t the face and reverse sides hereof the equipment desrnhed on the face hereof,and such offer is irrevocable for 30 days after Buyer executes and delivers to Seller this Agreement together with all necessary engmeenng data and Information B THIS AGREEMENT IS NOT BINDING ON SELLER UNLESS SIGNED ON SELLER'S BEHALF BY AN OFFICER OR MANAGER OF SELLER C This Agreement constitutes the entire contract between the parties with respect to said equipment(any prior agreement,representation,covenant or warranty written or oral,bang superseded hereby and merged harem)and may not be amended or modified except by a written Instrument duty executed by bath parties the provisions of any purchase order or other document submmed by or on behalf of Buyer to the contrary notwdhstandIng D All notices hereunder are to be in writing and mailed postage prepaid to the party being notified at the address indicated on the face hereof or al such other address as may be designated In writing E Remedies provided for herein are cumulative and are in addition to all other remedies as may be available at law or in equity F This Agreement is governed by and subject to the laws of the State of Kansas NOTICE TO PROCEED Return to Seller of final approved drawings constitutes notice to Seller to proceed with manufacture In the event Seller does not receive final approved dravings within 45 days after Sellers submission of drawing for approval the Seller reserves the right to renegobale price and delivery of the equipment being sold - 3 EXCUSED PERFORMANCE Seller Is not liable for any failure or delay in performance hereof,with respect to delivery or othenmse,if such failure or delay is due to any muse beyond Sellers control including but not limited to, any Act of God war,civil disturbance, riot,labor difficulty, fire, other casualty accident or suppliers failure or mabllny to perform 4 CREDIT APPROVAL The credit tams specified on the face hereof are subject to Sellers continuing approval of Buyers credit and if,in Sellers sole)udgmenl Buyers credit or financial standing is so impaired as to cause Seller in goon faith to deem itself insecure,Seller may witharaw,the extension of credit and require other payment learns 6 PAYMENT Subiect only to any credit terms which Seller may extend the total purchase pnce hereunder is due at such time within or after the estimated shipment period specified an the face hereof,as said equipment is ready to be shipped 3uyer shall pay in full all invoices mlhm the time for payment specified lherem and Buyers payment obligation is in no way dependent or contingent upon Buyer's receipt of payment from any other parry Any balance owed by Buyer for 30 days or more after the same becomes due is subject to a 2%per month delinquency charge until paid In addition to all other amounts due hereunder, Buyer shall reimburse Seller in full for all collection costs or charges including reasonable anomeys fees,which Seller may incur with respect to the collection of past due amounts from Buyer If Buyer is in default under this or any other agreement with Seller,Seger may,sins option defer performance hereunder until such default s cured 6 SECURITY INTEREST Until all amounts due hereunder have been paid in full,Seller has a secunty interest in said equipment and has all rights of a secured party under the Uniform Commercial Code including,without imitation,the right to lake possession of said equipment without legal process and the night to require Buyer to assemble said eguipman and make it available to Seger at a place reasonably convenient to both padres At Sellers request Buyer shall execute any financing statement a statements submitted by Seller in order that Sellers security interest in said equipment may be perfected 7 WARRANTY Seiler warrants only that said equipment is free from defects in materials and workmanship as set forth in Sellers standard Certlfimte of WalranN furnished L^ Buyer at the tune of final shipment THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE Sellers sold responsibility with respect to any equipment Mich proves to be defective as to matenals or workmanship Ia either to replace or to repair the same as a set forth m said Certdlmle of Warranty Unless authorized in vmting by Seller Seller is not resporisho a for any charge or expense incurred for the modification servicing or adjusting of said equipment after the same has been delivered to Buyer 8 LIABILITY OF SELLER Seller is not liable in any event hereunderfor any consequential incidental or liquidated damages or penalties 9 CLAIM PERIOD Buyer shall mmediately inspect said equipment upon receipt thereof Seller is not obligated to consider any claim for shortages or non-conformance unless notified thereof by Buyer within t0 days after Buyers receipt of said equipment 10 CANCELLATION Should Buyer cancel this agmemem without Salters prior wntten consent Seller may at its option recover form Buyer a cancellabon charge of not less than 20% of the pumnase price hereunder 11 STORAGE If al such time,mthm or after the estimated shipment period specified on the face hereof as Seller nol fies Buyer that said equipment is ready to be shipped Buyer requests a delay in shipment,Seller may,at its option,agree to store said equipment for a period of time determined by Seller provided that such agreement all not affect Buyers obligation to pay in full all Invorces as they become due and provided further that for each month or portion thereof said equipment is so stared by Seller Buyer shag pay to Seller as a storage fee an amount equal to 2%of the balance due hereunder 12 DRAWINGS ILLUSTRATIONS AND MANUALS Catalog and proposal drawings bulletins and other accompanying Iderature are solely for purpose of general style arrangement and approximate dimensions Seller may make any changes Seller deems necessary or desirable Submittal for approval if required,all be made after receipt of complete information from Buyer Unless otherwise specified at the Lime of quotabon,six sets roll be furnished Additional sets are at$25 00 per set Installation, maintenance and operation manuals will be furnished of the number of copies specified at the time of quotation If none specified, four all be provided at no added cost,will additional copies at$50 00 each 13 PERMITS,LICENSES Buyer at its sole cost and expense shall obtain all building or other permits or licenses with respect to the installation and operabon of said equipment required by any federal state or local governmental body 14 PATENT INDEMNIFICATION Seller shall at its own expense defend any suit instituted against Buyer,based on any claim that equipment furnished hereunder infringes any Leiters Patent of the United Stales,and Seller shall pay any damages assessed against Buyer in any such sun,provided that Buyer upon service at process upon Buyer,gives to Seller notice in writing of the institution of such sun,and permits Seller through counsel chosen by Seller,to defend the some,and gives Seller all infomiabon in Buyers possession and reasonable assistance and authority to enable Seller so to do Seller shall have no liability or obligation to Buyer for patent uifnngemer resulting from compliance by Seller with mitten instructions or specification of Buyer concerning the structure operation, material or method of makro equipment furnished hereunder ENGINEERING DATA P9e7 eeenc �te Smith 14040 W. Santa Trail Dr Loveless s, Inc® Lenexa,fCansas 69 662151284 Warranty Certificate SMITH &LOVELESS,TNC, L:ncza Kansas,manufacturer of the Factor Btnit Pump Station warrants it to be free_ from dcfat in»tc als and worrrnanalup for a period of up to one year commencing at use ame the pump station it placed in opciaoon 10 SMiiH&LO%"ZLESS-authcnznd personnel,but in no event is il.e pump station%wetted for longer than 18 months from the date of shinmert unicss =.trended waranty is purchased from Inc manu0etur-.r This w:rranry is contingent upon sun-up of the egmprrsent by SMITH L LOVELESS-auth=-d p-scnnel,and 7.1E WAM*n'WILL BE VOIDED IF START-UP IS PERFORMED BY ANYONE USE SMITH &L0"°.!°SS will x the Single SOLmc of rvscons,bihry to the owner for tot uamanty of tnc pump station and all its components erovided by SMriri&LOB,ELESS Dunng die warrant) period i.`any par.,s dcfccnyc or'ails to oc:form is stem5ed when oncrenng at design conenons and if tr,:pump station has been ewironm:ntall} and physically protected pnor to start-up and Gas br_n installed and is ceng eperaled and rra,ntamed im accordance with the wnnrn in^runonc provided by SMITH L LOVELESS, SIXTH & LOVE will repair w excnangc it our aiscrcnon such oefecttve part free of:Barge Defects.:parts must be raur.ed try tic owner pewee part to SMITH &LOVELESS, it so reauested V.-him covered by the above warranty,SMIT-r] &LOVELESS will prohde,without cost to the owner,such]anti,-as ma: be required to replan, repair or modify the followinC,but ne oth-r, mayor components the steel structure, pnncipal pumps, pump motors,siicuan and disenarge piping and valve assernbly Except for laoorpry tided by SMITH&LO\r_l._'SS under the prcndmg sentence, the cost of laoor and any other expenses resulting from replaca-rwt of dcrectiv: parer and from installation of pa.S famished under ibis watranry shall h-bomc by the owner SMIT74 & LOVELESS will no[assume ¢ssomibihty for the cost of any mpa.rs c-alterations made to ncc pump canon strut-tun apt its components unless SMITH &LOVELESS},as grvcn specific vv.-m=authority therefor The replacemzm or r.patr of pare normally consumed in serviL: such as pimp seals, aeht bulbs, o)l, grease, packme, V-befit,etc is coni par,of routine m mtenancc and upkeep and such stirs arc not eLt rite for repair or e.change free of chart:und-r this warrsary SMITH & LOVE,zSS snakes no aha warranty e�presxd or implied and SPECIFIC kLLY DISCLAIMS ANY IMPLIED Wt RRANTtr AS TO THE MERCHANTABILITY OF 7HE FACTORY GUILT PUMP STATION OR AS TO ITS FrN, ESE FOR ANY PARTICULAR PURPOSE SMITH& LCVELESS is n m rtsponssolc for cansequenna] w incidental damages of any nanire r=1xing from wch dimgs as, out not limited to,defects in design, rnatmal, worl:marishrp,or delays in deliver y,rcilac:mmrs,or repair- The waiver or aandgnenr of any sm31c provision or group of prnvic�onc, Tithe- by mhng or ngroomenr, shall not be construed to alter err void any other pros isiom of this waranry P C 05,06,07,08,09,10,11,12,13,24, 16,S,26,27 F,—n. o.alin Ren:ed sma F Smiln u Lovtlel] i998 (_= ni Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: MCHUGH SHORT PLAT BILL OF SALE - keeEP`P 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for McHugh Short Plat submitted by Michael L. Baerny & Connie K. Baerny for continuous operation and maintenance of 304 feet of waterline, 284 feet of storm sewers, 117 feet of sanitary sewers and 280 feet of street improvements . Bonds are to be released after the maintenance period. This project is located at 119th Place Southeast and Southeast 256th Street . • 3 . EXHIBITS: Map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6G S 228 U3 a 00 a0 u� 00 1 LO rSST N SE 40 ST > w SE 44 ST > CLARK F- a LK v � = m m rn N SE 48TH ST w x S 2N ST o P CT L A I N WAL T S SE 2 TH S w U) 2 9TH ST Q o C< N R SE 264TH ST w w c��F2 a w x 00 m 277 ST i McHUGH SHORT PLAT Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: KING COUNTY ARTS COMMISSION GRANT FOR KING COUNTY PERFORMANCE NETWORK - ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT: As recommended by the Parks Director, accept the $4 , 500 . 00 allocation from the King County Arts Commission' s "King County Performance Network" program and amend the Kent Arts Commission budget accordingly. Funds will offset the artistic fees for two King County Performance Network events as part of the Kent Arts Commission ' s Spotlight Series . 3 . EXHIBITS: Allocation letter from King County and Exhibit A - Scope of Services 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: Revenue of $4, 500 . 00 SOURCE OF FUNDS : King County Office of Cultural Resources 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION Council Agenda Item No. 6H King County Office of Cultural Resources Arts Commission • Landmarks and Heritage Program • Public Art Program October 1, 2001 Ronda Bdlerbeck Kent Arts Commission 220 4th Ave S Kent, WA 98032 Dear Ms Bd eck I< O-- Thank you for your participation as a presenting organization during the 1-001-2002 King County Performance Network We're pleased to announce that this season's allocation to Kent Arts Commission will be $4,500 Enclosed you will find two copies of a contract for services to be provided,please sign and return both copies by Monday,November 5. A complete copy will be returned to you for your files after being routed through Kmg County offices Also enclosed, please find an invoice and an evaluation form Your payment will be on a reimbursement basis, the payment schedule has been set up for payment upon receipt of an invoice and documentation regardmg schedule, location and budget for Performance Network events Upon completion of Performance Network events, please submit a final actual budget, an evaluation form with final report of program accomplishment, and available programs, brochures or flyers If you have any questions or need additional information, I can be reached at 206-296-8677 or lara.holman @metrokc gov Thanks again for your participation in the Performance Network, we look forward to your shows' /StRccerely, Lara Holman Program Coordinator, Kin.- County Arts Commission 506 Second Avenue, Room 200 • Seattle,WA 98104-2307, / (206) 296-7580 • (206) 296-8629 FAX • (206J'296-7580 Vy= • wNNwmetrokc gaov/execiculture EXHIBIT A SCOPE OF SERVICE Kent Arts Commission and the King County Office of Cultural Resources mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the King County Arts Commission. Partial support for: Participation as a presenting organization in the 2001-2002 King County Performance Network; to include Theater Schmeater on October 6, 2001 at 8pm at Kent-Meridian High School Performing Arts Center Lingo Dance Theater on February 22, 2002 at 8pm at Kent-Mendian High School Performing Arts Center Amount: $4.500. For artist fees and program expenses Payable upon submittal of invoice and documentation regarding Schedule, Location and Budget for Performance Network events. Upon completion of Performance Network events. please submit: • Final budget, actual and completion of evaluation form • Final report of program accomplishments • Programs, brochures, flyers if available PUBLIC BENEFIT All performances will be open and accessible to the public Events will be affordable for family audiences. PUBLICITY/PRO'1�40TION POLICY Prominent acknowledgment of the King County is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures,press releases, programs, posters, public service announcements, flyers and advertisements. The following graphic is recommended: King CountyKing Arts Commissi on O Arts unty O Arts Commission H otet/Al otet Tax Fund Not.1/Moll T.:funE ,It4 �c Final payment will not be made until acknowledgment is submitted on printed material Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: 266TH STREET VACATION PETITION - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the 266th St street vacation petition, as recommended by the Parks Committee . In July of 2001, Pacific Land Consulting, Inc . (PLC) submitted a Tentative Subdivision Application for the parcel directly south of the future 132nd Street Neighborhood Park, and subsequently has submitted an application for vacation of 266th Street right-of-way. This motion only authorizes the mayor to sign the petition; it does not authorize the street vacation at this time . If the street vacation is subsequently approved by City Council after a public hearing on the proposed vacation, one-half (twenty feet) of the right-of-way will return to the park. PLC has asked the city to consider trading its twenty- foot vacated right-of-way for open space property west of the regional retention pond, if the Council ultimately grants the 266th St . vacation. 3 . EXHIBITS: Memo from Supt . Parks Planning & Development and Surveys showing land trade parcels and street vacation 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I City of Kent Parks, Recreation and Community Services Memorandum To City Council From Lori Flemm, Supt Parks Planning & Development Re Street Vacation/Land Trade Date March 4, 2002 In 1996, the City of Kent acquired a 4 5-acre parcel for future development of a neighborhood park The site is located on the west side of 132nd, and north of 266th Our east hill maintenance crew is housed on this site, as is the teen reclamation art studio Immediately to the south is a forty-foot wide unopened 266th right-of-way Through annexation, the city acquired title to a regional retention facility which lies west of the park site and south of the 266th St right-of-way In July of 2001, Pacific Land Consulting, Inc (PLC) submitted a Tentative Subdivision Application for the parcel directly south of 266th St right-of-way PLC is circulating a Street Vacation Application and Petition among the adjacent property owners The application was submitted on or about March 11 If the street vacation is approved by the City Council, twenty feet of the right-of-way will be available for the park OLC has asked the city to consider trading the twenty foot right-of-way by 640 67 feet (12,813 4 square feet of which 4800 S F is wetland and buffer, and 7,800 square feet is uplands) that would be vacated to the City for 14,500 S F of uplands located west of the retention facility PLC will provide an appraised valuation of both parcels and has asked that any difference in value be available to them as credit for fee-in-lieu payments, or street vacation fees It is in the best interest of the city to acquire the traded parcel as open space PLC has asked for preliminary approval of the land trade, so that they can proceed with the subdivision planning 2 I I ale 1 � I I i l ' I hbY`y r1/; C,- /_- ppc*r /� w \\ V L Le \r u rl lu QQQ,- '11 1 I \ a11N 1�`� •` I 1 I I r h fo n v \U I-- I NSI.7 ` � I L J ly 1 �I[1 IO-%- •� nSJ fJl � 4 A 7 1 1 e- ' it i �3`•n �. I uJ _> r _I - - _ 3S 3A V MI got n<c, 0, U � 00 F I I I 4 u I I I 1\ <v T N lU I 1 �=I l a p tiS,I a s i CQ I Zd,l LU n p L � rl I„ ;I. ( r�l ql C'Y)-V-32 yy Kent City Council Meeting Date March 19, 2002 Category Consent Calendar 1 . SUBJECT: DEMARCO ANNEXATION COMPREHENSIVE PLAN AND ZONING (AZ-2001-2/CPA-2001-2) - SET HEARING DATES 2 . SUMMARY STATEMENT: Set April 2, 2002 and May 7, 2002, as the public hearing dates to establish the initial zoning for the DeMarco Annexation area. Amendments to the comprehensive plan land use map also hall be considered. The public hearings are require to be held 30 days apart . On March 11, 2002 , the Land Use and Planning Board made a recommendation for initial zoning and corresponding comprehensive plan and land use map amendments . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J Kent City Council Meeting Date March 19 , 2002 Category Other Business 1 . SUBJECT: FLEXPASS PROGRAM AGREEMENT - COMMUTE TRIP REDUCTION 2 . SUMMARY STATEMENT: The F1exPass Agreement, a King County/Sound Transit Program allows all eligible employees to choose from a variety of non-single occupancy vehicle commute options provided by King County and Sound Transit . 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $38, 510 SOURCE OF FUNDS: General Fund - Commute Trip Reduction 7 . CITY COUNCIL ACTION: �Q Councilmember_ �/` C�o moves, Councilmember seconds to authorize the mayor to sign a fifteen (15) month agreement for the sale of F1exPasses, a King County/Sound Transit commute trip reduction program. DISCUSSION: • ACTION: AtfAll Council Agenda Item No. 7A EMPLOYEE SERVICES DEPARTMENT Memorandum To: City Council Operations Committee From: Sue Viseth, Employee Services Director Through: Becky Fowler, Benefits Manager By: Karen Ford, Employee Transportation Coordinator Date: March 5, 2002 Subject- FlexPass Program Agreement— Commute Trip Reduction Background: As a direct result of the FlexPass Program instituted last year the City's has made significant strides towards meeting our 2005 goal of 56% in single occupancy vehicle (SOV) rates and 6 0 Vehicle Miles Traveled (VMT) established by the State of Washington's Commute Trip Reduction Program. The State CTR survey completed in May of 2001 showed the City employees had a 68% SOV rate, which reflects a reduction of 7% from the previous survey in 1999. 2005 has been identified as our next target date for a goal of 56%. As more trains get added to the service, the survey results should continue to improve and we will continue to make progress toward the 2005 goal. Proposal: To renew the City of Kent contract with King County and Sound Transit for fifteen- (15) months. The extension to a fifteen-month contract will allow the City and King County to utilize the 2003 State of Washington survey data for the next contract renewal. The FlexPass Program allows for eligible CTR affected employees to choose from a variety of non-SOV commute options provided by Sound Transit and King County. The value of a pass is up to $4.00 of each one-way Metro bus or Sounder Commuter fare. The pass will also serve as a vanpool pass up to a face value of $63.00 per month. The FlexPass Program will be available to approximately 540 eligible CTR affected benefited employees at cost of$38,510 per year for the fifteen- (15) month period (April 1, 2002 —June 30,2003). Funding. The cost of the FlexPass Program is funded through the current CTR budget. Motion: Recommending Council authorize the Mayor to sign a fifteen (15) month Agreement for Sale of FlexPasses between King County, Sound Transit and City of Kent in the amount of$38,510. AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY, SOUND TRANSIT AND CITY OF KENT This Agreement(hereinafter,"Agreement")is made and entered into by and between King County(hereinafter individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"),or collectively referred to (hereinafter, as"TRANSPORTATION PARTIES"),and City of Kent(hereinafter, "CITY") RECITALS A CITY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of CITY employees B KING COUNTY and SOUND TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County,Pierce County and Snohomish County C CITY has a desire to provide incentives and benefits to its employees,which promote non-SOV commuting to its works to D CITY and TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of services and benefits,which enable CITY employees to commute, by non-SOV modes AGREEMENT NOW,THEREFORE, in consideration of the terms, conditions and covenants herein contained, the sufficiency of which is hereby acknowledged,the parties hereto agree to the following 1 PURPOSE 11 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale and distribution of F1exPasses to CITY's Eligible Employees at the rate set forth herein 2 DEFINITIONS 21 Eligible Employees Eligible Employees shall mean only those employees of the CITY who meet the following cntena All CTR-affected employees. 22 FlexPass Card A FlexPass Card is a pass of predetermined duration,usually twelve(12)months,that allows each Eligible Employee,as defined in Paragraph 2 1,to choose from a variety of non-SOV commute options provided by CITY or TRANSPORTATION PARTIES Each FiexPass Card shall bear the inscriptions"FlexPass;CITY's name,each TRANSPORTATION PARTIES' logo, or an agreed to regional logo and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES and CITY FlexPass Cards shall also bear a fare amount on the face of the card,the amount of which shall be agreed upon by TRANSPORTATION PARTIES and CITY prior to the start of this Agreement TRANSPORTATION PARTIES or their designated contractor shall produce FlexPass Cards FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph g 2 Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass, if available. 23 Trip Revenue Trip revenue shall mean the cost of a single bus trip taken by a CITY's employee as set forth in Attachment A In the event of a generally applicable fare increase adopted by KING COUNTY or SOUND TRANSIT,the amount of the cost may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY or SOUND TRANSIT,and CITY shall be required to pay the amount of such adjustment to the appropriate party FlexPess Agreement Page 1 of 13 City of Kent Apn12002-June 2003 24 Baseline Trips Baseline Trips shall mean the estimated number of transit trips taken by CITY's Eligible Employees, as defined in Paragraph 2 1, in the twelve(12)months preceding execution of the CITY's new FlexPass Agreement Baseline Trips shall be calculated using the most current transit ridership data available on Eligible Employees, at the time said Agreement becomes effective Baseline Trips shall be used, in part,to calculate the price of the transit cost set forth in Attachment A Baseline Trips shall not change during the life of this Agreement,unless agreed to by TRANSPORTATION PARTIES for reasons such as a significant change in the number of Eligible Employees or a change in location of CiTY's worksite 25 Added Tnps Added Trips shall mean those trips taken by CITY's Eligible Employees that have exceeded Baseline Trips,as defined in Paragraph 2 4, during the period since Baseline Trips was established Added Trips shall be calculated using an estimate, based on a survey or other agreed upon equivalent data source,of current transit ridership by Eligible Employees Added Trips shall be used,in part,with Baseline Trips to calculate the price of renewing this Agreement for another term 3 EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES 3 1 Eligible Employee Contributions CITY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount specified in Attachment B 32 CITY-Provided Incentives and Benefits CiTY shall provide at least two(2)additional non-single occupant vehicle commute mode incentives or benefits, listed in Attachments A or B, as a condition of participating in TRANSPORTATION PARTIES' FlexPass program 4 CITY RESPONSIBILITIES 41 Eligible Recipients of A FlexPass Card CITY shall ensure that only Eligible Employees,as defined in Paragraph 2 1, receive FlexPass cards 42 Ordering FlexPass Cards CITY shall provide to TRANSPORTATION PARTIES'representative, as listed in Section 16,the number of FlexPass Cards that CITY shall provide to Eligible Employees The number of FlexPass Cards shall be listed in Attachment A CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards CITY understands that failure to provide the number of FlexPass Cards desired at least four(4)weeks in advance,may incur additional and extraordinary costs Such costs may be related to, but are not limited to, overtime staffing,additional manufacturing charges and express delivery charges These additional and extraordinary charges shall be home solely by CITY 43 Ordering Additional FlexPass Cards CiTY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees,over and above the number specified in Attachment A, during the term of this Agreement CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks to fulfill the request for additional FlexPass Cards Requests shall be trade to the TRANSPORTATION PARTIES'represenattve,as listed in Section 16 The cost for a single additional FlexPass Card shall be the Monthly Rate for Additional FlexPass Cards specified in Attachment A, times the number of months remaining in the Agreement 44 Receipt and Security of FlexPass Cards CITY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial responsibility of CiTY upon receipt and signature by an employee,official or agent of CITY CITY agrees that lids solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by CITY while in the custody of CITY CITY shall be held liable for the equivalent value of a combination King County Metro/Sound Transit fare for each month remaining in this FlcxPass Agrecment Paget of 13 City of Kent Apnl 2002—June 2003 Agreement for each FlexPass Card that CITY cannot account for,either by distribution to an Eligible Employee, storage in a secure area,for each FlexPass Card not collected from an Eligible Employee who terminates their employment with CiTY or otherwise becomes ineligible to receive and use a FlexPass Card under the terms of this Agreement,or for each FlexPass Card CITY cannot return to TRANSPORTATION PARTIES upon termination of this Agreement,as specified in Section 8 45 Reporting CITY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost, stolen,damaged or otherwise not functioning properly in TRANSPORTATION PARTIES transit coaches' electronic registenng fareboxes CITY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that CITY believes to be defective CiTY shall report to TRANSPORTATION PARTIES all FlexPass usage, changes to CITY's transportation program and other details as necessary 46 Roster of FlexPass Card Recipients CITY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by CITY Upon demand, CITY shall provide to each of the TRANSPORTATION PARTIES a copy of the roster 47 FlexPass Employee Use Agreement Form Each Eligible Employee who receives a FlexPass Card from CITY shall be required to read,sign and return to their employee transportation coordinator or department supervisor,an agreement form stipulating the uses and conditions of a FlexPass Card The Employee Use Agreement Form, as set forth in Attachment C, is deemed mutually acceptable to both CITY and TRANSPORTATION PARTIES CITY shall keep use Agreement Fors on file for the ter of this Agreement 48 Collection of FlexPass Cards CITY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to CITY within five(5)days of the effective date of termination of this Agreement CiTY shall be held liable for the equivalent value of a combination King County Metro/Sound Transit fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement 49 Collection of Transit Ridership Data CITY shall survey, or otherwise collect from CITY's Eligible Employees,any and all necessary daily transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate Trip Revenue,Baseline Trips and Added Trips, TRANSPORTATION PARTIES shall provide to CITY a mutually agreed upon survey instrument or other suitable means in which to collect the most current and accurate ridership and commute data possible 4 10 FlexPass Program Evaluation CiTY shall participate in any TRANSPORTATION PARTIES'evaluation of the FlexPass program, should such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES Evaluation maybe through such means as employee surveys, employee focus groups,and management interviews TRANSPORTATION PARTIES shall provide CITY at least thirty(30)days advance notice prior to beginning such an evaluation 411 Vanpool Services If an eligible employee elects to participate in KING COUNTY's vanpool program,CITY agrees to pay KING COUNTY the amount stated in Attachment A for such vanpool services As stipulated in Attachment A,Eligible Employees may use the FlexPass Card as partial or full payment of their vanpool fare If actual vanpool expenses incurred by Eligible Employees exceed the amount paid in advance by CITY,as specified in Attachment A,plus any vanpool incentive payment by KING COUNTY,also specified in Attachment A, KING COUNTY shall invoice CITY for any amount owing once total vanpool costs for the term of this Agreement are calculated by KING COUNTY 4 12 Home Free Guarantee If CITY elects to participate in KING COUNTY's Home Free Guarantee program,CITY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment D Flexi'm Agreement Page 3 of 13 City of Kent April 2002—June 2003 5 TRANSPORTATION PARTIES RESPONSIBILITIES 5 l Transit Access TRANSPORTATION PARTIES shall allow each CiTY Eligible Employee displaying a valid FlexPass Card to nde on all parts of its regular route transportation system without additional charge, for trips up to the value printed on the card TRANSPORTATION PARTIES reserve the right to request additional payment at the time the transit trip is taken,if the cost of a trip on any TRANSPORTATION PARTY'S regular transit service exceeds the fare value printed on the FlexPass Card FlexPass Cards are not valid on any Husky, Safeco Field, or other special event service TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the expiration date on the Card or until this agreement is otherwise terminated 52 FlexPass Card Administration TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering,replacement and delivery of FlexPass Cards to CiTY, and other administrative tasks related to the FlexPass Card under this Agreement,other than those responsibilities stated as CITY responsibilities in Section 4 5 3 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace, at no additional cost to CITY,any FlexPass Cards deemed to be defective or otherwise unusable or inoperative CITY may be issued temporary full passes until TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of S50 per replacement card 54 Confiscation of FlexPass Cards In addition to any other rights under law,TRANSPORTATION PARTIES reserve the right to cancel and confiscate a FlexPass Card which is used out of date,altered, duplicated, counterfeited,transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement 5 5 Collection of Transit Ridership Data TRANSPORTATION PARTIES shall provide to CITY, at no additional cost to CITY, a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit ridership and commute data of CITY's Eligible Employees In addition,TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument,but not costs incurred by CITY in distributing to and collecting from Eligible Employees, this survey instrument TRANSPORTATION PARTIES shall make available to CITY,all data collected from CITY's Eligible Employees 56 Vanpool Services CITY's employees are eligible to access KING COUNTY's vanpool program in accordance with established program procedures If applicable,KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant subject to the availability of vanpool vehicles and nummum ridership requirements If applicable, the FlexPass Card may be honored as full or partial payment of vanpool fares, as specified in Attachments A and B 5 7 Home Free Guarantee If CiTY elects to participate in KING COUNTY's Home Free Guarantee program, KiNG COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terns attached hereto and made part hereof as Attachment D 6 PAYMENTS AND BiLLING 6 1 Payment for This Agreement CITY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in TRANSPORTATION PARTIES' FlexPass program KING COUNTY shall present an invoice for amounts due to CITY's representative listed in Section 16 KING COUNTY shall invoice CITY for the amount(s)due for SOUND TRANSIT. Payment shall be made in full by CITY according to the terms listed on the invoices, unless a payment schedule is mutually agreed upon by both parties and incorporated into this Agreement, in Attachment A KING COUNTY shall present individual invoices to CITY for additional FlexPass Cards purchased KING COUNTY shall invoice CITY for the amount(s)due for SOUND TRANSIT for additional FlexPass Cards purchased FlexPass Agreement Page 4 Of 13 City of Kent Apnl 2002—June 2003 6,2 Late Payment Penalty If any scheduled payments are not made by their due date,then the entire amount due under this Agreement shall become immediately due and payable Any late payment shall be subject to a penalty accruing at the maximum rate allowable by state law for each month that the payment remains due If any check made payable to any of the TRANSPORTATION PARTIES by CITY is returned to a TRANSPORTATION PARTY for insufficient funds (NSF) in CITY's checking account,then CITY shall be assessed a$25 (twenty-five)penalty by the TRANSPORTATION PARTY receiving the NSF check 7 TERM OF AGREEMENT 71 Tenn This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph, unless terminated in accordance with the terns set forth in Section 8 This Agreement shall take effect at 12 00 a in on April 1,2002 and shall expire at 11 59 p in on June 30,2003 8 TERMINATION 8 1 Termination for Cause Any party may terminate this Agreement in the event the other fads to perform its obligations as described in this Agreement by providing written notice not less than fourteen(14) days prior to the effective date of termination 82 Termination for Convenience Any party may also terminate this Agreement for convenience and without cause by providing the other party with written notice not less than sixty(60)days in advance If CITY has made payments in advance,CITY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned to TRANSPORTATION PARTIES Such reimbursement shall beat the monthly rate set forth in Attachment A for the full months remaining in the term of the Agreement If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement,either prior to termination or as a result of termination,CITY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice CITY for the amount due according to the procedures outlined in Section 6 9 RECORDS 91 Rights of Review Both CiTY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement If a records review is commenced more than sixty(60) days after the termination of the contract,the TRANSPORTATION PARTY requesting the review shall give ten(10) days notice to CITY of the date on which the records review will begin 10 SUCCESSORS AND ASSIGNS 101 Written Approval This Agreement and all terms,provisions,conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns All parties,however,agree that they will not assign or delegate the duties to be performed under this Agreement without prior,written approval from the other parties 11 LEGAL RELATIONS 11 1 No Partnership and No Third Party Beneficiaries It is agreed by CITY and TRANSPORTATION PARTIES that this Agreement does not create a partnership or joint venture relationship between the parties,and does not benefit or create any rights in a third party 112 Force Majeure TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform,resulting directly or indirectly from causes and circumstances beyond their control,including but not limited to late delivery or nonperformance by vendors of materials or supplies,incidences of fire, flood,snow,earthquake or other acts of nature, accidents,nots, insurrection,terrorism,acts of war,order of any court or civil authority,and strikes or other labor actions FlexPass Agreement Page 5 of 13 City of Kent April 2002-June 2003 113 Costs of Legal Action CITY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the return of any FlexPass Cards or amount owing under this Agreement 12 APPLICABLE LAW,FORUM 121 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington Nothing in this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law In the event that any litigation may be filed between the parties regarding this Agreement, CiTY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides 13 DISPUTES 13 1 Dispute Resolution Procedure All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY's Benefits Manager,KING COUNTY's General Manager,Transit Division, and SOUND TRANSIT's Executive Director, or their designees If this panel is unable to reach a mutually acceptable resolution,it shall appoint another person to serve as mediator in the effort to resolve the claim or dispute Such mediation shall be required before an action may be filed to adjudicate the claim or dispute in a court of law 14 ENTIRE AGREEMENT AND AMENDMENT 141 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all pnor negotiations, representations and agreements between the parties relating to the subject matter hereof 142 Amendments and Modifications This Agreement may be amended or modified only by written instrument signed by the parties hereto 15 SAVINGS 151 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or regulation,the remaining provisions shall continue in full force and effect All parties agree to immediately attempt to renegotiate such provision that is invalidated or superseded by such laws or regulations 16 CONTACT PERSONS 161 Definition CiTY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement,as well as ordering of all fare media and vouchers 0 FiexPam Agicement Page Of 13 City of Kent Apnl 2002—June 2003 162 Designate Contact Persons CITY KING COUNTY Contact Name Karen Ford Jeffrey K Won Title Employee Transportation Coordinator Transit Planner Address City of Kent King County Metro Transit Employee Services Transit—Market Development 220 Fourth Avenue S 400 Yesler Way, MS YES-TR-0600 Kent, WA 98032-5895 Seattle, A A 99104-2615 Telephone 253-856-5292 206-263-3452 Fax 253-856-6270 206-684-2058 E-Mail kford ci kent wa us "eff-mkt-dev won ,metrokc gov SOUND TRANSIT FLEXPASS CARD ORDERING & RETURNING Contact Name Barbara Gilliland Jeffrey K Wong Title Project Manager Transit Planner Address Sound Transit Kmg County Metro Transit 401 S Jackson Street Transit—Market Development Seattle,WA 98104-2826 400 Yesler Way,MS YES-TR-0600 Seattle,WA 98104-2615 Telephone 206-398-5051 206-263-3452 Fax 206-398-5215 206-684-2058 E-Mail gilldandb ,soundtransit orjg jeff-mkt-dev wong@metrokc gov 17 EXECUTION OF AGREEMENT 171 Definition This Agreement shall be executed in three(3)counterparts, each one of which shall be regarded for all purposes as one original In Witness whereof,the parties have executed this Agree nt as of the date first written above CITY KING COUNTY BY BY Jim White hm Jacobson Title Mayor Title Manager.Transit Service Development Date Date SOUND TRANSIT BY King County per Agent Agreement Title N/A FlezPass Agreement Page 7 of 13 City of Kent April 2002—June 2003 FlexPass Agreement Attachment A- Agreement Costs Company City of Kent Date April 1,-2002 KING COUNTY SERVICES BUS, April 1, 2002—March 31, 2003 Baseline trips(Data source CTR survey) 1,640 Added trips(Data source CTR survey) + 469 Discount of Added TnT)s(Year 42 2/3 discount of 469 trios) 313 Total tnps = 1,796 Cost per trio x $ 1 39 Total = $ 2,497. BUS- April 1, 2003—June 30, 2003 Baseline trips(Prorated on Apnl 2002—March 2003 total) 410 Added trips (Prorated on April 2002—March 2003 total) + 117 Discount of Added Tnus(Prorated on Annl 2002—March 2003 total) 78 Total trips = 449 Cost ner fin x $ 1 39 Total = $ 624. CARD PRODUCTION Number of FlexPass Cards produced 540 Rate per card x $ 1 00 Card Production Cost = $ 540. HOME FREE GUARANTEE Number of covered employees 540 Rate per covered emnlovee x $ 1 00 Home Free Guarantee Cost = $ 540. KING COUNTY PREPAID VANPOOL SUBSIDY April 2002—March 2003 $ 28,000 Apnl 2003—June 2003 + $ 7,000 Estimated Rollover—excess prenaid subsidy from 2001-2002 ' $ 4,000 Prepaid Vanpool Subsidy = S 31,000. . Actual rollover amount from 2001-2002 FlexPass agreement to be calculated on or before May 31, 2002 Actual amount will rollover and be added to April 2002-June 2003 prepay subsidy fund CITY agrees to pay the vanpool subsidy rate for any and all vanpoolers over the initially covered number KING COUNTY will invoice CITY for the amount due for the additional vanpoolers CITY agrees to inform vanpoolmg employees of their responsibility to pay vanpool bookkeepers any excess vanpool fare due, over and above the CITY monthly subsidy amount PREPAID COMMUTER BONUS PLUS VOUCHERS Prepaid Vanpool Subsidy = $ 1,000. RENEWAL INCENTIVE Incentive for 2002 $ 10,377. FlexPass Agreement Page 8 Of 13 Qty of Kent April 2002—3une 2003 FlexPass Agreement Attachment A- Agreement Costs (cont.) Company City of Kent Date Aonl 1,2002 AGREEMENT COSTS FOR KING COUNTY SERVICES Bus $ 3,121 Card production + $ 540 Home Free Guarantee + $ 540 Prepaid vanpool subsidy + $ 31,000 Prepaid Commuter Bonus Plus vouchers + S 1,000 Renewal incentive $ 10,377 Total Kmg County Services Cost = S 25,824. King County Monthly Rate for ONE additional FlexPass Card — $ 0.65 (S4,201 /540 employees/ 12 months) SOUND TRANSIT SERVICES BUS AND RAIL: April 1. 2002— March 31, 2003 Transit Trips(Data Source CTR survey) 6,548 Cost tier Trio x S 1 55 Total = $ 10,149. BUS AND RAIL. April 1, 2003—June 30, 2003 Transit Trips(Prorated on April 2002—March 2003 total) 1,637 Cost tier Tnn x $ 155 Total = $ 2,537. Total—Sound Transit Services = S 12,686. Sound Transit monthly rate for ONE additional FlexPass Card = $ 1.96 (S 12,686/540 employees/ 12 months) TOTAL FLEXPASS AGREEMENT COST King County $ 25,824. Sound Transit + $ 12,686 Total FlexPass Agreement Cost = $ 38,510. Payment schedule = '/2 in 60 days; % 180 days. Number of FlexPass Cards provided by Transportation Parties = 540 TRANSPORTATION PARTIES ALLOCATION OF TRANSIT REVENUES King County $ 4,201 Sound Transit + $ 12,686 Total Transit Revenues = $ 16,887. Number of FlexPass Cards / 540 Number of months in agreement 12 Combined monthly rate for ONE additional FlexPass Card = $ 2.61 Allocation King County=$0 65 Sound Transit=$1 96 FlexPass Agcement Page 9 of 1� City of Kent April 2002—June 2003 FlexPass Agreement Attachment B - Employee Contributions and City Provided Benefitslincentives Company City of Kent Date April 1. 2002 KING COUNTY I SOUND TRANSIT FLEXPASS Amount contributed by each Eligible Employee S 000 VANPOOL FARE SUBSIDY Benefit per employee per month Un to S63 00 EMERGENCY GUARANTEED RIDE HOME King County's Home Free Guarantee Program-See Attachment D PARKING I OTHER Benefit per employee per month in a carpool Free pnonty parking in City garage Benefit per employee per month in a vanpool Free priority parking in City garage F1ezPu Agreement Page 10 of 13 City of Kent April 2002-June 2003 KENT Y/AS NIMGTOx FlexPass Agreement Attachment C - Employee Use Agreement CITY OF KENT FlexPass Use Agreement As a FlexPass Holder, I agree to the following 1 The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by the City 2 1 will use my FlexPass for my own transportation only I will not transfer my FlexPass to any other person or family member 3 1 will keep my FlexPass secure and in good condition I will immediately report a lost, stolen, or damaged FlexPass to the Transportation Coordinator I understand a lost FlexPass will be replaced only once per year at a charge of$50.00 Anon-working FlexPass will be replaced free of charge 4 1 will return my FlexPass upon request or when I leave my employment with the City If I do not return my FlexPass, I authorize the amount of$90 00 for each whole and partial month remaining on the FlexPass to be withheld from my paycheck 5 If I participate in the vanpool program I understand that the City subsidizes $63.00 per month for may vanpool fare via the FlexPass card, I understand that I am responsible for the balance of the fare each month, payable to the vanpool bookkeeper. I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass Employee's Signature Date Employee's Printed Name FlexPass Serial # Employee's Department/Division Transportation Coordinator Use Only - FlexPass returned Employee's Signature Date FlexPass Serial # FlexPus Agreement Page 11 of 13 City of Kent Apnl 2002—June 2003 FlexPass Agreement Attachment D - Home Free Guarantee Home Free Guarantee(hereinafter,"HFG")is a KING COUNTY program that guarantees payment for taxi fares incurred by employees deemed eligible by the CITY for emergency rides taken in accordance with the terms set forth below D 1 DEFINITIONS D I 1 Approved Commute Modes Eligible Employees must have commuted from their principal residence or Park&Ride to the CITY's worksite by one of the following modes Bus, carpool, vanpool, walk-on or bicycle-on ferry,bicycle,or walk D 1 2 Eligible Reasons For Using HFG The following are the only eligible reasons for using HFG a) Eligible Employee's or family member's unexpected illness or emergency b) Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute Unexpected means the employee learns of the schedule change that day c) Missing the employee's normal return commute to the starting place of their commute for reasons, other than weather, or act of nature which are beyond the employee's control and of which they had no prior knowledge For example,the employee's carpool driver left work or worked late unexpectedly D 13 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include, but are not limited to,the following a) Pre-scheduled medical or other appointments b) To transport individuals who have incurred injury or illness related to their occupation An HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace CITY's legal responsibility under workers' compensation laws and regulations c) Other situations where, in the opinion of the CITY's Program Coordinator,alternate transportation could have been arranged ahead of time D 1 4 Eligible Destinations for an HFG Ride a) From the CITY's worksite to the Eligible Employee's principal place of residence b) From the CITY's worksite to the Eligible Employee's personal vehicle,e g vehicle located at a Park&Ride lot c) From the CITY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. D 1 5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by Eligible Employee and are authorized in advance of the ride by the CITY's Program Coordinator(i a pick up a necessary prescription at a pharmacy,pick up a sick child at school) D 2 CITY RESPONSIBILITIES D 2 1 HFG Program Payment CITY's payment for HFG services is accounted for in the base price for FlexPass Cards as indicated in Attachment A If a company's fare costs exceed amount listed in Attachment A at the end of 6 months,a sliding scale charge will be applied as follows a) If total fare costs average between S l 00 and S 1 25/employee, Company may be charged$1 25/employee for second six months of the agreement period b) If total fare costs average between S l 25 and S 150/employee, Company may be charged $1 50/employee for second six months of the agreement period c) and so on incrementally without limit D 2 2 Program Coordinator CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks set forth below FlexPass Agreement Page12 of 13 City of Kent Apnl 2W2—June 2003 D 2 3 Number Of HFG Rides Per Eligible Employee CITY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12)month period D 3 HFG Program Tasks D 3 1 Process To access HFG rides,Eligible Employees shall contact the Program Coordinator The Program Coordinator shall call directly an answering service provider, contracted for by KING COUNTY The phone number shall be supplied to CITY by KING COUNTY CITY agrees to make information about how to access HFG rides to all Eligible Employees Eligible Employees shall supply the following information to the Program Coordinator,who shall in turn provide the information to the answering service provider a) Verify the Eligible Employee has commuted to the worksite by an eligible mode b) Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride c) Ensure the Eligible Employee has valid identification to show the taxi driver d) Once an Eligible Employee takes the emergency taxi ride,the Eligible Employee shall provide a receipt from the taxi trip to CITY'S Program Coordinator e) CITY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each month for record keeping and accounting purposes f) The answering service provider shall arrange taxi rides for the Eligible Employee D 4 KING COUNTY RESPONSIBILITIES D 4 1 Participating Taxi Company(s) CITY agrees that neither KING COUNTY or answering service provider is responsible for providing transportation services under the HFG program CITY further agrees that KING COUNTY makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement CITY agrees it shall make no claims of any kind or bring any suits of any kind against the KING COUNTY for damages or Injuries of any kind ansing out of or in anyway related to the HFG program Without limiting the foregoing and by way of example only,the CITY agrees that KING COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence,intentional acts or causes beyond the taxi's control,including but not limited to incidence of fire, flood,snow, earthquake or other acts of nature,nots, insurrection, accident,order of any court or civil authority, and strikes or other labor actions DA 2 Payment of Authorized HFG Taxi Fares KING COUNTY shall pay the metered fare amount of a CITY's Program Coordinator-authorized HFG ride, as defined in the DEFINITIONS section above,for a one-way distance of up to sixty(60)miles Any fare for a one- way distance in excess of sixty(60)miles shall be paid by the individual taking the HFG ride KING COUNTY shall not pay any taxi driver gratuity, which shall be paid by and at the sole discretion of the individual taking the HFG ride, D 4 3 Reporting KING COUNTY shall keep a complete record of all authorized HFG ride requests on a semi-annual basis and provide a copy of this record to the designated CITY contact person specified in Section 16,2 D 4 4 Program Abuse KING COUNTY reserves the right to investigate and recover costs from the CITY of intentional abuse of the HFG program by Eligible Employees Program abuse is defined as, but not limited to, taking trips for inappropriate reasons, unauthorized destinations and intermediate stops,and pre-scheduled appointments not defined in the DEFINITIONS section above flexPass Agreement Page13 of 13 City of Kent Apnl 2002-June 2003 Kent City Council Meeting Date March 19, 2002 Category Other Business 1 . SUBJECT: CITY OF AUBURN HOME REPAIR INTERLOCAL AGREEMENT - AUTHORIZE 2 . SUMMARY STATEMENT: The Parks Director and Parks Committee -(-2� recommends approval of the interlocal agreement with the City of Auburn to continue to carry out Auburn 's home repair needs in 2002 . The City of Auburn requested the City of Kent to continue to provide home repair services to Auburn residents in 2002 . The City of Auburn would reimburse Kent for all costs associated with the program, including an administrative fee. 3 . EXHIBITS: Staff report 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember rc. 2 seconds to authorize the Mayor to sign an interlocal agreement with the City of Auburn to provide home repair services in 2002 , subsequent to approval of final terms and conditions by the City Attorney. DISCUSSION: �, �, V1 • ACTION: Council Agenda Item No. 7B Parks, Recreation and Community Services Human Services Staff Report Background The City of Kent provided Home Repair Services funded by Auburn Community Development Block Grant (CDBG) during 2001 to Auburn residents The City of Auburn was pleased with the services and wishes to continue to contract with the City of Kent to provide services for the 2002 program year Program Description The City of Kent Home Repair Program will continue to provide • Minor Home Repair services to qualified Auburn residents ■ Major Home Repair services performed by contractors to qualified Auburn residents • Emergency Home Repair services performed by Home Repair staff and/or contractors based on need • Monthly reports meeting all HUD Community Development Block Grant requirements To accomplish the above the Kent Home Repair Program will provide: ■ Home Repair Specialist — 1 0 FTE ■ Van • Tools and materials • Administration based on 10% of the contract ■ Additional resource and referral services • Monthly service reports and billings The City of Auburn will provide: • Client referrals • Priority preferences for services • Initial intake ■ Loan processing The City of Auburn will provide financial remuneration as follows: ■ A one-year interlocal agreement for $125,000 ■ Reimbursement monthly for one-twelfth of the total grant equal to $10,416 Program Outcomes and Performance Measures - Outcomes • Increase the home safety of low and moderate-income homeowners ■ Improved condition of the housing stock for low and moderate income homeowners Performance Measures • 40 Unduplicated City of Auburn clients ■ 200 Minor home repairs ■ 15 Major home repairs Proposed Program Budget: The following budget is based on current knowledge of Home Repair Services provided in the City of Kent and work completed in Auburn in prior year. Description Annual Monthly Personnel Costs (includes salary and benefits) 75 FTE $53,878 $4,489.83 Vehicle and transportation costs $10,080 $840 Tools, materials, and equipment $21,142 $1,761.83 Administration Costs $12,500 $1,041 66 Contracted Services $27,000 1 $2,250 Communications $400 $33.33 Total $125,000 $10,416 65 Staff Recommendation: Staff recommends the City of Kent and the City of Auburn enter a one-year interlocal agreement for Kent to provide Home Repair Services in the City of Auburn Kent City Council Meeting Date March 19, 2002 Category Bids 1 . SUBJECT: KENT CORROSION CONTROL FACILITIES 2 . SUMMARY STATEMENT: The Bid opening for this project was held on February 8th with 11 bids received. The low bid was submitted by Nordic Construction with a bid amount of $880, 221 . 38, including sales tax. The Engineer' s estimate was $985, 184 . 00 including sales tax. The Public Works Director recommends awarding this contract to Nordic Construction. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $880, 221 . 38 SOURCE OF FUNDS : W20059 7 . CITY COUNCIL ACTION: Councilmember VVLI moves, Councilmember seconds that the Kent Corrosion Control Facilities contract be awarded to Nordic Construction. DISCUSSION: ACTION: Council Agenda Item No. 8A COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue 5 Kent, WA 98032-5895 Date March 19, 2002 To Mayor & City Council 1 From Don Wickstrom, -ublic Works Director Suh3ect Kent Corrosion Control Facilities Bid opening for this pro]ect was held on February 8" with 11 bids received The low bid was submitted by Nordic Construction in the amount of $880,221 38 including sales tax The Engineer's estimate was $985, 184 00 including sales tax The Public Works Director recommends awarding this contract to Nordic Construction Bid Summary Nordic Construction $ 880,221 38 Pease & Sons, Inc $ 912, 387 01 David L Sack Construction $ 952, 611 46 Stouder General Construction $ 972, 672 00 Summit Central Construction $ 982, 109 31 P C I Mechanical $ 992,256 00 Prospect Construction $1, 010,215 62 M S Takisaki, Inc $1, 037, 907 39 Anthony Construction $1, 081, 049 86 VLS Construction $1, 104, 670 34 Pivetta Bros Construction $1, 114, 656 00 Engineer' s Estimate $ 985, 184 00 MOTION. Councilmember moves, Councilmember seconds that the Kent Corrosion Control Facilities contract be awarded to Nordic Construction Hidletterccrrosion2cntrol Project 9W30 98-3007 cc NYoshitake REPORTS FROM STANDING COMMITTEES AND STAFF P � A. COUNCIL PRESIDENT ^"' B. OPERATIONS COMMITTEE �- s C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS l Pr U E. PLANNING COMMITTEE ( / t(e �^ F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS I o ' 4° r � 4 REPORTS FROM SPECIAL COMMITTEES Operations Committee Minutes February 19, 2002 COMMITTEE MEMBERS PRESENT Judy Woods, Leona Orr, Tim Clark (filling in as third committee member) Rico Yingling was absent STAFF PRESENT May Miller, Charlie Lindsey, Tom Brubaker, John Hodgson, Larry Blanchard, Julie Peterson, Jackie Bicknell PUBLIC PRESENT Joe Rubio, Ted Kogita, Jeffrey Barker, Sandy Amodt The meeting was called to order by Acting Chair Judy Woods at 4 05 PM Item number 3, Ordinance Repealing Term Limits, was moved to the end of the agenda Approval of Minutes of February 5, 2002 Committee Member Leona Orr moved approval of the minutes of February 5, 2002 The motion was seconded by Judy Woods and passed 2-0 Ms Woods said Council Member Tim Clark would be asked for his concurrence Approval of Vouchers dated February 15, 2002 Leona Orr moved approval of vouchers dated February 15, 2002. The motion was seconded by Tim Clark and passed 3-0. (Mr Clark gave concurrence on the approval of the minutes offebruary 5, 2001) Energv Audit Agreement—Authorization Facilities Superintendent Charlie Lindsey said last summer an mterlocal agreement was signed with the State of Washington General Administration for the purpose of doing an energy audit and using state financing to pay for the audit up front Quantum Engineering has done a preliminary audit and has come up with a list of potential energy projects that would pay for themselves through energy savings Items are ranked one to three, with one being a payback of three to four years, two, a payback of seven years, and three, maybe or maybe not having a savings payback The next step is to do a final audit which means the energy services company would project the actual cost savings and put together a program with a list of potential energy saving conservation measures and the savings that would be received At that point, a decision would be made to either go through the financing process with the State General Administration or to decide not to proceed If the decision was not to proceed, the City would have to pay the S43,622 cost of the energy audit itself If the decision was to move forward, the audit cost would be financed into the overall package and would be recouped through the energy savings In response to Mr Clark's question about upgrading the energy management system to a graphics based system, Mr Lindsey said the building was 12 years old, and the energy management system had been upgraded as the building was being constructed It is a DOS based system which is being made to operate right now in a Windows system and that presents some difficulty Operations Committee Minutes, 2119/02 2 Leona Orr moved to recommend Council authorization to enter into an agreement with Washington State Department of General Administration for $43,622 to conduct an audit of city-wide energy conservation measures. The motion +%as seconded by Tim Clark. In further discussion, Tim Clark asked if there were other sources of revenue that would become available to address some of the problems of the long-term plan Mr Lindsey said the energy services company would go to Puget Sound Energy for any available grants or funding which would be applied to the costs with the remainder financed through the state The motion then passed 3-0. Corrections Facility Structural Report Charlie Lindsey said staff had identified what they thought was earthquake damage at the Corrections Facility after the Nisqually Earthquake of February 28, 2001 A contractor was brought in to analyze the damage and give a cost to repair which was submitted to FEMA and approved The contractor was concerned about some of the cracks and before starting work wanted assurance from a structural engineer that he wouldn't be held liable for any structural problems Staaleson Engineering analyzed the facility and came back with a report, based on preliminary examination, that said they couldn't get enough information to tell if the building was structurally sound enough to move forward They requested to be allowed to do further examination and-to prepare detailed "as built" drawings of the structural soundness of the building The cost of the examination would be $26,550 and would include a more in-depth analysis of the building Remodeling work done last year at the Corrections Facility found some things that caused concern that there might be a structural problem, and it was feared there had been some shortcuts taken in construction Leona Orr asked if there would be any way to go back to the onginal builder and take some action if it was in fact found that the building hadn't been built the way it was supposed to be built Mr Lindsey said he would have to discuss that aspect with the legal department Tim Clark moved to recommend to Council authorization to enter into an agreement with Staaleson Engineering to conduct further structural analysis of the Correction Facility and prepare a report for an amount not to exceed $26,550. The motion was seconded by Leona Orr and passed 3-0. Russell Road Maintenance Securitv— Authorization Charlie Lindsey said that a year ago Council authorized a sole source identification badge card access system with Honeywell that is now in place in City Hall and the Police Department The Public Works Department is asking to expand that to the Public Works Shops, replacing the two gates and having them operate off the access card/I D badge as well as some of the doors in the facility Mr Lindsey said he didn't know if there had been any major security problems, but there had been little problems over the years, particularly with the rear gate Larry Blanchard, Operations Manager, added that the police officers need access in the evenings when they fuel their vehicles, and they have run into some problems Staff wants to track who is accessing the facility and who is using fuel Also, the emergency crews that come in at night need to be able to gain access and have it recorded Operations Committee Minutes, 2/19/02 3 Leona Orr moved to recommend to Council authorization to enter into an agreement with Honeywell for $32,150 for added security to the maintenance facility located at 5821 South 2401h. The motion was seconded by Tim Clark and passed 3-0. Ordinance Repealing Term Limits Tom Brubaker, City Attorney, said he was asked by Council President Tim Clark to prepare an ordinance repealing the existing two Kent City Code provisions that establish a term limit for the Mayor and each Councilmember The 12 year term limit is from the time of appointment or electron Tim Clark added that if the term limits remained in effect, at the end of this four year term the Mayor and four current members of the Council would be at the end of their terms Leona Orr and Judy Woods disagreed, and Ms Woods added that the ordinance, which passed in 1996, was for 12 years from that point on and would not affect any current council person who might be up for election in 2003 or 2007 The ordinance came into existence after the 1995 electron Mr Clark stated that in 2007, all senior councilmembers would be faced with either running for Mayor or it would be their last term The term limits law wipes out the senior leadership all the way through, and one of the impacts is that any time there is no institutional memory present among the leadership, long term plan issues that have flowed through the government go back to staff by default, and it becomes an artificial device that doesn't necessarily improve the choices for the citizenry Throughout the 1990s, no councrlmember was unopposed on the ballot Mr Clark stated that he failed to see what is gained from term limits because there is no question of whether there is gain in new councilmembers Leona Orr commented that term limits ordinances in other areas, statewide and nationwide, have been declared unconstitutional by courts over and over again Kent's law has never been challenged or taken to court, but because term limits have been declared unconstitutional in so many arenas, the question is whether or not it would stand up if it were challenged and whether or not it is even legitimate to have on the books Mr Clark contended that term limits would cause ramifications that would begin to show up in other areas that could be harmful If term limits were exercised in Kent but not in other cities, representation at regional forums would lose some of the people that know how and why things had evolved as they have It could be a major handicap in negotiating anew agreement In the realm of regional committees, particularly with King County, there are only a few people around that actually know where the heart of the problems lie and how far back they go In the suburban cities regional representation setting, that would be a handicap without any viable gam Issues in the regional forums may be about large sums of money and transportation projects (particularly in things that deal with the Puget Sound Regional governments) Representation will only be as good as the people in front if that institutional memory is lost Joe Rubio, 3831 S 2481h, Kent, said the Kent Community Council, Citizens for Common Sense, and the Kent Citizens Association do not want term limits to be repealed because different people need to be given a chance to experience being a councrlmember New blood equals new ideas If there are ongoing problems from way back and there has to be a councrlmember who knows all about it because he's been there a long time, then somebody is not doing his lob Maybe with new blood there could be new ideas There are cities in the United States that require their residents to be a councilmember or mayor as spaces become open Spokane has Operations Committee Minutes, 2/19/02 4 term limits Kent should give it a try, it would work fine If it's good enough for the President, it ought to be good enough for Kent Ted Kogita, 25227 Reith Road, said he was for term limits The Council has put themselves in a position to vote on having no term limits, and passing a repeal is only a self preservation move and greed to hold onto a positron as a City of Kent councilman or mayor Holding a long time position as a council person only spoons arrogance and breeds corruption as time passes on In the history of mankind, only a few people have not been corrupted by electing to put themselves in the powerful life Kent has now reached the position where there is no separation between the Mayor's vision and the Council's As an example, the City of Kent paid out 580,000 for the previous Kent City Administrator for breaking a no contact court order by his wife Brent McFall's wife was a supervisor in the Kent Parks Department at the time $80,000 was approved by the City Council to pay McFall's personal fine, the approval had no trouble passing Things like that happen because there are people in office too long McFall was never fired or told to reimburse the $80,000, and Council never questioned the Mayor about why he authorized the payment from Kent City funds To unseat an incumbent, a new person not backed by the mayor has little or no chance to win a seat as council person To win a council positron is to spend $25,000 in campaign money Without term limits,people will never get in Martin Plys, 3004 S 256`h, said he definitely was for term limits The previous City Council initiated term limits on their own and they should respect what they have done Everything done by the City Council is documented, whether it's liked or not (most of the time the Council does do a good lob), so it doesn't matter whether a certain councilmember is here this term and not the next The Council is elected to serve the citizens and it is the citizens' choice to choose who they want to represent them Mr Plys stated that a recall action would be started against the Mayor in the next couple of weeks and it should not be assumed that the Mayor would finish his term If Council repeals term limits, it is going to cost a lot of money to do a special election and the City doesn't need to spend or waste more money Leave term limits as they are and let the citizens decide Sandy Amodt, 226331 41" Ave SE, Kent, said Spokane and Tacoma both have term limits which are very similar to the City of Kent's She questioned how many years constitute a senior councilmember, and said when she was on the Council she had an expectation of the other councilmembers to educate her, and they did, so she knew about projects that went back many years Ms Amodt commented that she wasn't aware there was a hierarchy in the Council, but thought each councilmember was equal, as each had been elected and therefore should be equal (She acknowledged the Council does elect a Council president ) Ms Amodt said her argument for term limits was not that an incumbent has more capability to raise money In the last electron that wasn't necessarily true as Mr White raised $21,000 for his election, which he won People tend to be refreshed when they move and there's no reason why councilmembers cannot end their terms and then run for some other type of office A councilmember who's been in office three terms, if they so choose, can sit out two years or four years and then run again It places a fresh view on things and time to sit back and see what they have done and what they could have done differently —and then they can comeback to it Oftentimes people who are in the same position for 10 or 20 years stalemate and the status quo is the status quo, few fresh ideas come in Terms limit should stay They are good, and anyone who chooses to run again could sit out two years— it's not like they would be out the door forever If term limits are repealed, the original 16 citizens' term limit initiative that wasn't filed a number of years ago would probably be riled Operations Committee Minutes,2/19/02 5 Tim Clark moved to recommend to Council adoption of the proposed ordinance to repeal the existing term limits for Councilmembers and the Mayor. The motion was seconded by Leona Orr. In further comments, Judy Woods said the only reason the president has term limits is because some people became upset that FDR had been elected four times When Ronald Reagan was president, folks rued the day when term limits were approved as part of the U S Constitution He clearly would have been reelected to a third term with great ease She reminded everyone that since 1997 in the City of Kent there have been five new councilmembers In 1997, two incumbents were defeated, Ms Amodt defeated a councilmember who had served for 20 years Serving a long penod of time does not necessanly ensure that somebody is going to be reelected Also in 1997, Tom Brotherton defeated the incumbent In 1998, Councilmember Jim Bennett resigned because of health reasons and Rico Yingling was appointed to fill the vacancy In the recent election, Bruce White defeated Tom Brotherton (after one term) and Julie Peterson was elected to an open seat Democracy works as there is a great deal of flux and constant turnover in city government Ms Woods said she personally does not believe in term limits Leona Orr said she onginally supported the term limits ordinance but has since had a number of conversations with the city attomey's office about whether or not it was the right thing Ms Orr commented that in Ms Amodt's example, a very long-term councilmember was defeated on a very low budget campaign That blows out of the water the argument that the incumbent has the advantage Mr White, a newcomer, raised and spent more money than almost anybody in the last 7-10 years in running for the Council He proved that was not an issue, and he won an election When the Kent City Council adopted term limits there was a movement for term limits throughout the country George Nethercutt, at that time, ran for Congress on the idea that term limits were a good thing, but when his time should have been up, he chose to run again because he felt that he should be able to continue doing what he was doing, and he was reelected Clearly the citizens felt that it was important to keep him in office It would not be a good thing to take that right of decision away from the citizens The citizens are the ones that make the decision, and they do that at the voting booth The motion then passed 3-0. The meeting adjourned at 4 45 PM Jackie Bicknell City Council Secretary Public Works Committee Minutes February 4, 2002 COMMITTEE MEMBERS PRESENT Chair Leona Orr, Julie Peterson, Rico Yingling STAFF PRESENT Gary Gill, Larry Blanchard, Robyn Bartelt, Tom Brubaker, Don Millett, Jackie Bicknell PUBLIC PRESENT Mark Buscher, Donna Brathoude, Michael Brathoude The meeting was called to order by Chair Leona Orr at 5 10 PM Approval of Minutes of January 15, 2002 Committee Member Rico Yingling moved to approve the minutes of January 7, 2002 Committee Member Julie Peterson seconded the motion, which passed 3-0 King County 2001 Comprehensive Solid Waste Management Plan Mark Buscher, lead planner from King County, said the King County 2001 Comprehensive Solid Waste Management Plan was a 20 year plan that would run from 2001 through 2020 and was mandated by state law King County is asking for the suburban cities to individually consider adoption of the plan because state law requires that all local governments have Solid Waste Management Plans The decision was made in the late 1980s that the cities who are part of the county solid waste system should sign interlocal agreements with the county to develop a single plan to cover both the unincorporated and incorporated portions of King County to lay out solid waste planning efforts The plan would be developed by the county with input from the cities Mr Buscher said that the county is now asking to update the 1992 plan with the 2001- 2020 plan Work began on updating the plan a little over two years ago by working with the cities, the public, and commercial haulers to identify issues that the region would face over the next 20 years relating to solid waste management The King County 2001 Comprehensive Solid Waste Management Plan is the result of that effort and the input from outside sources (including the cities) to determine the future of the Solid Waste System Historically, waste in this region has been disposed of at the county's Cedar Hills Regional Landfill southeast of Issaquah, but that landfill is projected to reach its capacity in 2012 This plan recommends that, once that facility is closed, the region move to waste export and send waste out of the region for disposal That's a more expensive form of disposal because there is the added cost of putting the waste on trains or barges and shipping it, oftentimes hundreds of miles away to a landfill The current solid waste system is supported by an aging transfer system The closest transfer station in the system to Kent is the Bow Lake Transfer Station along 1-5 All of r the county's facilities (with the exception of the newer ones on Vashon Island and the Enumclaw transfer station) need to be modernized between now and 2012 in order to be Public Works Committee,214102 2 compatible with the waste export system and to improve services for the public in the form of integrated recycling services and to make it easier for both commercial haulers and residential self haulers to get in and out of the facilities more quickly This plan lays out recommendations for improvements to the transfer system to be on line and running by the time the move to waste export is needed in about 2012 The plan also focuses on how to improve the already successful waste reduction and recycling programs that the cities and county are providing on a regional level, and the direct services that are being- provided by the commercial haulers in the form of curbside collection, The plan discusses how to improve on the amount of recycling services and the range of recycling services that will be provided to the public over the next 20 years While it is important to be recycling waste now, it is going to become even more important with the move to the more expensive from of disposal of waste export The plan makes several recommendations to focus on more recycling for organic, yard, food, and other woody wastes that are now being disposed of on a relatively large level It also makes a firm financial commitment to maintain the fact that regional revenues collected through the disposal system will be sent back to the individual cities to help finance and support local waste reduction recychng programs People want a high level of service in their solid waste system (there will be significant capital improvements to the system—about a$75,000,000 investment over the next 10- 12 years, and the move will take place to a more expensive waste export system once Cedar Hills closes), but at the same time they want to have low and stable rates The financial projection in the plan shows that rates for disposal at county facilities can be maintained until about 2005 with no increases Thereafter, there would be moderate rate increases through the next 20 years, but rate payers would not have to experience any kind of rate shock or substantial increase when the landfill closes and waste export begins (This is the first plan that anticipates the projected closure of the Cedar Hills Regional Landfill) The original plan was adopted by all of the cities in King County in 1989 It went through an update process in 1992 and was readopted in 1994. State law mandates an update at least every five years, and county code tries for one every three years, but significant issues caused no work to be done on the update until about 2-2%x years ago This current plan is an update of that last plan adopted in 1994, and the significant change is that all previous plans showed the county being able to utilize Cedar Hills for a 020 year period. The rate charged right now is $82 50 per ton (rates early in the decade were around $60 a ton) In the Puget Sound region, from Snohomish County through Thurston County, that is the lowest disposal rate and it's projected to stay flat until 2005 Mr Buscher added that the bar chart on page 621 of the plan shows how the rates would step up thereafter The cost difference between disposing waste in the county versus a waste export system is about $15 per ton, which is the cost of putting waste on a train or a barge and moving it out of the region and then getting those vehicles back Public Works Committee,2/4/02 3 Recycling has been a significant cost reducer The Puget Sound region recycles about half of the amount of waste that is disposed, which has saved rate pavers over the last 10 years about 5100 million in avoided disposal costs, and that's a savings above and beyond what anybody paid for recycling Eight years of life has been added onto the Cedar Hills Landfill because of recycling and the projections for closure assume continued and increased recycling Without recycling, the projected closure of 2012 would be a projected closure of maybe 2003 or 2004 The costs people pay for curbside services pale in comparison to what it costs to dispose of waste Recycling has been a very financially successful program for the ratepayers in the region and it's expected to grow to a 53-55% recycling rate within the next 6-10 years In response to Julie Peterson's question about increasing organic recycling, Mr Buscher said the county is trying to find ways to co-compost different kinds of feed stocks successfully, both from an environmental standpoint as well as being able to market the matenal that would be composted Things like yard waste and green non meat by- product food wastes and other types of materials could be mixed together to provide an alternative to disposal for other types of organics The county and the cities would not develop their own recycling products, but would continue to support, promote, and help grow the private recycling industry They would, however, market and help develop those types of products Rico Yingling asked for an explanation of the promotion of "green or sustainable building principles throughout the community" as talked about in Chapter 4 Mr Buscher said that greener, more sustainable buildings were those made out of already recycled building matenals such as bricks, concrete, cabling, carpeting, etc , and sustainable building pnnciples were construction practices that promote less waste One building, built for the Department of Natural Resources and which the Solid Waste Division is a part of under the "green"building standards, is being used as a test bed for all kinds of different recycled materials such as tiles, paint, carpeting, and bncks, and people can see that those materials stand up to heavy traffic and heavy use and are also attractive and inexpensive In answer to Mr Yingling's question about reducing the need for people to take their toxic or liquid wastes to transfer stations or recycle events, Mr Buscher said the idea was to reduce the demand for self hauler services Providing self haul service is expensive because of the manhours it takes to service a customer who may be bnnging in a few hundred pounds of waste (it takes half an hour to unload the car and get out of the transfer station) That service will continue, but a big reason why people come to the transfer stations is because it's too expensive to call up their hauler to get nd of the sofa or big piece of metal they can't easily get nd of The county wants to work with the haulers to find ways for them to provide bulky waste collection services and other types of special waste collection services on a more cost competitive basis Right now, calling a hauler would cost S50 an hour (or over 5100) to get nd of a sofa or other large item, and taking it to the transfer station would cost S20 or less Public Works Committee, 2/4/02 4 Rico Yingling moved to recommend Council authorization to adopt the Final 2001 King County Comprehensive Solid Waste Management Plan. The motion was seconded by Julie Peterson and passed 3-0. Tacoma Second Supply Project Committee Representation City Engineer Gary Gill said that a committee had been established as part of the Tacoma Second Supply Project whose pnmary purpose would be to provide oversight review and management of the construction project as well as the operation of the system once it was completed Don Wickstrom, the Public Works Director, would be Kent's representative on the project committee and Brad Lake, Water Supenntendent, would be the alternate Julie Peterson moved to recommend the Council authorize the Public Works Director as the official representative to the Tacoma Second Supply Project Committee and that the Water Superintendent be appointed as the alternate. The motion was seconded by Rico Yingling and passed 3-0. Kent/Covington Water District Joint Agreement Tom Brubaker, Interim City Attorney, said that the Tacoma P5 pipeline would be a major water source leading from the Howard Hanson Dam down to the City of Tacoma There are five partners to the project the cities of Tacoma, Seattle, and Kent, and the Covington and Lakehaven Water Districts. In order to get water from the pipeline to the Covington and Kent systems, a branch or "T" off the pipeline is needed Parallel to the route for the P5 pipeline there is an existing water supply pipeline serving Tacoma called the PI pipeline Tacoma has agreed to let Kent and Covington connect to the existing PI pipeline this summer and to draw water off of that system on an as-needed basis This is particularly important for the Covington Water District as they have a very limited water supply and are in an emergency supply situation This contract establishes the relationship between the City of Kent and Covington Water Distnct to construct, maintain, and operate the branch pipeline which will initially be connected to the P 1 line and will subsequently be connected to the P5 line when it gets built The project description runs from the "T" on the P1 pipeline to the Kent Springs property at which point it branches one way to the Kent system and the other way to the Covington system From that branching point on, each party is responsible for construction and connection Cost of construction is to be split equally between Kent and Covington Water Distnct on a 50/50 basis, although 100% of the actual facility will be owned by Covington because Covington has some existing franchises it can take advantage of if it's the sole owner of the system The agreement is very clear that capacity is 50150 and that Covington can't amend or alter the system in any way that would affect Kent's capacity share The pipeline is a much needed water source for the Covington Water Distnct to have as soon as possible The City of Kent will probably use it on an emergency basis in event of another drought or other situation like that, so the amount of water Kent will be using initially will not be as great as the amount of water the Covington Water District will use Therefore, the cost of maintenance and operation will be shared on the amount of Public Works Corrunittee, 2/4/02 5 capacity used by the two—city and district The designated administrator of the project is Covington Water Distnct but the administrator's decisions are subject to a control board which is a two member board the City of Kent's Public Works Director or his/her designee, and Covington's Manager Rico Yingling asked who would be liable should the contractor make a mistake Mr Brubaker said both the city and the district would be equally liable but, hopefully, if the contractor made a mistake, the contractor would be liable He said insurance requirements are still being worked out The City of Kent is self insured but Covington may have separate insurance, so there may be different insurance requirements based on the entities Gary Gill added that Covington had hired a private firm to do the construction management and Kent would be 1 ointly involved in reviewing the plans and looking at the contract specs Rico Yingling recommended authorization for the Mayor to sign the Kent/Covington Water District Joint Agreement upon concurrence of the language therein by the Public Works Director and the City Attorney. The motion was seconded by Julie Peterson and passed 3-0. 2002 Street SweepmQ Contract Gary Gill said that a Request For Proposals was recently sent out for the 2002 Street Sweeping Project and five contractors submitted bids Out of the five, an evaluation committee selected the three who were then interviewed The recommendation is that McDonough & Sons be awarded the contract for the remainder of this year Mr Gill said the memo states that the current contract ends on February I", but it actually ends February 28`h, so the new contract would begin on March ls` and would continue through the end of this year There is an option to renew for up to five years which would be evaluated on an ongoing basis Rico Yingling asked how the City would ensure that the contractor would actually be doing those things asked for in the contract Mr Gill replied that there would be an ongoing review of the work and citizens also provide input if the streets aren't being adequately swept Don Millett, Street Supenntendent, added that the contract states that the contractor has to have a GPS Global System which will allow the City to monitor when they stop for a cup of coffee and will show the times and where they have swept He said it's a good check and balance system and will enable the contractor to stay focused on sweeping without having a supervisor follow the sweeper around City staff can keep an eye on the sweeping, but can be elsewhere without having to check sweeping all the time The contractor is required to send a weekly digital printout that will show on a map all the places the sweepers have been, and staff can compare that for frequency and where they were supposed to be Artenals are swept more often than residential streets Mr Millett stated that the City pays the existing contractor 514,000 0 Public Works Cororruttee, 2/4/02 6 Julie Peterson moved to recommend Council authorization for the Mayor to sign the 2003 Street Sweeping Contract Agreement with McDonough & Sons for the amount of$12,170.00 upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0. Dept. of Ecology Grant Agreement G0100215 2001 Drought Relief Gary Gill said last year was an exciting year from a water supply perspective as the City was scrambling around doing everything possible to try and ensure that existing sources were reliable, and also trying to put together some backup supplies by moving forward with agreements with other water districts for interties in case of emergency This grant agreement with the state would allow the City to be reimbursed for some of the money spent last year (over 51,000,000 for dnllmg an additional well at 212" , providing meter installations, and emergency interties with Soos Creek Water and Sewer District), approximately 5230,000 Larry Blanchard, Operations Manager, remarked that staff works closely with the Department of Ecology and the Department of Health, and when the grants come forward the City always applies for them if eligible Rico Yingling asked if the 5230,000 that would be going back into the capital projects part of the Water Utility Fund was part of the budget for this year or if it would be new revenue Gary Gill said he thought that since staff was fairly certain of receiving the grant, projections for the money would have been included in the budget Mr Yingling asked for staff to confirm that information and to let him know by e-mail or through the Council Secretary Julie Peterson moved to recommend to the Council authorization for the Mayor to sign the Department of Ecology Grant Agreement, direct staff to accept the grant and authorize the reimbursement of the various water capital improvement project funds which were used to finance the City's drought response. The motion was seconded by Rico Yingling and passed 3-0. The meeting was adjourned at 5 52 PM Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS 1 AV A, • EXECUTIVE SESSION A) Pending Litigation B) •Labor Negotiations