HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/19/2002 Y
Cloty' of Kent
Coty Council Meeting
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W A S H I N G T O N
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Mayor Jim White
Councilmembers
Tim Clark, Council President3
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F Connie Epperly Bruce White
Leona Orr Judy Woods
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Julie Peterson RicoYingling _'
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March 19, 2002 r
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Office of the City Clerk
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� �'► 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)
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" 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
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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 .
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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)
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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
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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
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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